Agenda 06/12/2007 R
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB)
AGENDA
June 12, 2007
9:00 AM
Jim Coletta, BCC Chairman, District 5; CRAB Vice-Chairman
Tom Henning, BCC Vice- Chairman, District 3
Donna Fiala, BCC Commissioner, District 1; CRAB Chairman
Frank Halas, BCC Commissioner, District 2
Fred W. Coyle, BCC 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. 2003-53, AS AMENDED BY ORDINANCE 2004-05 AND 2007-24,
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.
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.
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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. May 8, 2007 - BCCIRegular Meeting
C. May 15, 2007 - BCCICharter Government Workshop with Productivity Committee
D. May 22, 2007 - BCC/Post-Legislative Workshop
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
A. 10 Year Recipient:
John Agnelli, Industrial Development Authority
B. 5 Year Recipients:
Frank Donohue, Parks and Recreation Advisory Board
Virginia Donovan, Forest Lakes Roadway & Drainage Advisory Committee
Charles Gunther, BayshorelGateway Triangle Local Redevelopment Advisory Board
Gerald Lefebvre, Collier County Code Enforcement Board
William Mears, BayshorelGateway Triangle Local Redevelopment Advisory Board
Michael Sorrell, Environmental Advisory Council
4. PROCLAMATIONS
A. Proclamation designating May 21, 2007 to May 25, 2007 as Immokalee Foundation Week. To be
read and accepted by Mr. Ed Laudise, Executive Director, the Immokalee Foundation. This item
was already voted on at the May 22, 2007 BCC meeting.
B. Proclamation designating the month of June as Home Ownership Month. To be accepted by
Ms. Marcy Krumbine, Director of Housing and Human Services, Collier County.
5. PRESENTATIONS
A. Introduction of Congressman Mario Diaz-Balart's new aide.
B. Recommendation to recognize County staff members, Bert Miller, Jamie French, Jay Kim,
Richard Zyvoloski, Lindsey Dagnall, and Kenneth Kovensky for being recognized by the Public
Technology Institute and awarded a first place technology solutions award for the use of
innovative Geographical Information Systems Technology in the Countys Hurricane Impact
Assessment Mobile Application.
C. Contractor Presentation for South County Regional Water Treatment Plant 20-mgd Wellfield
Expansion.
6. PUBLIC PETITIONS
A. Public petition request by Tim Nance to discuss walkway connecting Palm Crest Villas and
Willoughby Park.
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Item 7 and 8 to be heard no sooner than 1 :00 p.m.. unless otherwise noted.
7. BOARD OF ZONING APPEALS
8. ADVERTISED PUBLIC HEARINGS
A. This item will be heard at 1 :00 p.m. Recommendation that the Board of County Commissioners
reviews, accepts and authorizes the Chairman to sign a resolution declaring the attached
inventory list of County owned real property as surplus land in accordance with Florida
Statutes 125.379 to be sold and the proceeds used to develop affordable housing.
B. This item to be heard at 10:00 a.m. This item requires that all participants be sworn in and ex
parte disclosure be provided by Commission members. PUDZ-2006-AR-10698: A. Grover
Matheney, Trustee, represented by R. Bruce Anderson esquire, of Roetzel & Andress, LPA and
Margaret Perry, AICP, of WilsonMiller, Inc., is requesting a rezone from Planned Unit
Development (PUD) to Commercial Planned Unit Development (CPUD) for a project to be known
as the Gaspar Station PUD. The subject property, consisting of 17.7 acres, is located on the
south side of Immokalee Road (CR 846), approximately one quarter mile west of the 1-
75/1mmokalee Road, interchange, in Section 30, Township 48 South, Range 26 East, Collier
County, Florida.
9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of members to the Affordable Housing Commission.
B. Recommendation to declare a vacancy on the Parks and Recreation Advisory Board.
C. Appointment of members to the Parks and Recreation Advisory Board.
D. Appointment of member to the Environmental Advisory Council.
E. Discussion and possible direction from Board of County Commissioners regarding amending
Advisory Board Ordinance 2001-55, as amended. (Commissioner Fred Coyle)
F. Appointment of Commissioners to serve on the Value Adjustment Board and set the date for
the organizational meeting.
G. This item to be heard at 11 :45 a.m. Resolution supporting the efforts of the Judicial System to
eliminate Identity Theft. (Commissioner Donna Fiala)
H. Request for reconsideration of Item 16B8 from the May 22, 2007 BCC Meeting which read:
Recommendation for the Board of County Commissioners to direct the Road and Bridge
Department of the Transportation Division to spray herbicide on vegetation in the bottom of a
swale/canallditch that drains approximately 1000 acre basin that includes The Boyne South
PUD, a portion of US 41, and some agricultural property north and south of US 41. ($2,500)
(Commissioner Henning)
I. Appointment of members to the Fire Review Task Force.
J. Discussion regarding additional funding for possible travel to Tallahassee and Washington
regarding tax reform and federal appropriations. (Commissioner Frank Halas)
K. Recommendation that the Board establish the process for the selection of a County Attorney.
(Commissioner James Coletta)
L. Appointment of member to the Collier County Coastal Advisory Committee.
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10. COUNTY MANAGER'S REPORT
A. To update the annual economic incentive report presented to the BCC in the Fall of 2006
(Joseph K. Schmitt,
Administrator, Community Development & Environmental Services, Division)
B. Recommendation to disapprove institution of an Ordinance to allow use of golf carts on the
County roadways of the Isles of Capri community. (Bob Tipton, Traffic Operations Director)
C. Recommend the Board of County Commissioners consider a Course of Action in Response to
the Florida Department of Community Affairs Statement of Intent to Find a Portion of the EAR
based Growth Management Plan Amendments Not in Compliance. (Joseph K. Schmitt,
Administrator, Community Development & Environmental Services Division)
D. This item continued from the May 22, 2007 BCC Meeting. Providing requested information
about potential for contributing $500,000 from Conservation Collier funds to assist the City of
Naples in building trail and bridge on City-owned land as part of the Gordon River Greenway.
(Alex Sulecki, Principal Environmental Specialist)
E. Request to Continue Growth Management Plan Amendment Petitions CP-2005-3 and -4 from
the 2005 Cycle of Plan Amendments to the 2006 Cycle. (Joseph K. Schmitt, Administrator,
Community Development)
11. PUBLIC COMMENTS ON GENERAL TOPICS
12. COUNTY ATTORNEY'S REPORT
A. Recommendation to approve a proposed settlement relating to Parcel 132 in the condemnation
lawsuit styled Collier County v. Panther Key, LLC, et al., Case No. 06-1456-CA (County Barn
Road Project No. 60101). (Fiscal Impact $746,050.00)
B. This Item is Companion to Item 12A, Panther Key Proposed Settlement, to be Considered if
Settlement is Rejected. Recommendation to approve the Offer of Judgment in the amount of
$1,250,000 as to Parcel 132 in the lawsuit styled CC v. Panther Key, LLC, et al., Case No. 06-
1456-CA (County Barn Road Project No. 60101). (Fiscal Impact $505,300.00)
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY
A. This item to be heard at 3:00 p.m. Recommendation for the Collier County Community
Redevelopment Agency (CRA) to authorize the Bayshore Gateway Triangle CRA Executive
Director to negotiate a closing date extension to a purchase contract for certain real property
within the Bayshore Gateway Triangle Community Redevelopment Agency and authorize the
CRA Chairman to sign the extension. (David Jackson, Executive Director, Bayshore/ Gateway
Triangle CRA)
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
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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.
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A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1. Recommendation to approve final acceptance of the water and sewer utility facilities for
Quail West, Phase 3, Unit
2. To accept final and unconditional conveyance of the water facility for Royal Cove Plaza.
3. Recommendation to approve final acceptance of the sewer utility facility for Royal Cove
Plaza.
4. Recommendation to approve final acceptance of the water and sewer utility facilities for
Stratford Place Carriage Homes.
5. Recommendation to approve final acceptance of the water and sewer utility facility for
Stratford Place T ownhomes.
6. 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 Marquesa Royale.
7. This item was continued from the May 22, 2007 BCC Meeting. 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 Silver Lakes Phase Two-G.
8. Recommendation that the Collier County Board of County Commissioners approve a budget
amendment of up to $13,488 from FY07 Fund 186 adopted budget to cover a gap in salary for
the Immokalee Weed and Seed Coordinator position. (Companion item to the Community
Redevelopment Agency (CRA) approval of expenditure under 16G1)
B. TRANSPORTATION SERVICES
1. Recommendation to approve a Resolution to reduce the speed limit on Collier Boulevard (CR
951) from the current speed limit of fifty-five miles per hour (55 MPH) to fifty miles per hour
(50 MPH) from 1500 ft north of Rattlesnake Hammock Road to 750 ft south of Lely Cultural
Boulevard.
2. To receive Board approval to accept an amendment to a funding agreement with the South
Florida Water Management District to share in a portion of the construction cost of the Lely
Area Stormwater Improvement Project and to approve a budget amendment to recognizing
$395,000 of revenue appropriating same amount as an expense into the project, Project
511011.
3. To authorize the expenditure of $64,090 for a para-transit vehicle through the Florida
Department of Transportation procurement process using a combination of $46,553 in Rural
Capital Grant reimbursement dollars, $17,000 in insurance reimbursements, and $537 in local
dollars from Fund 427 Project 314271; to accept the Rural Capital Grant money and insurance
reimbursements and approve any necessary budget amendments; and to use the FY07
Florida Vehicle Procurement Program and waive the competitive purchase process.
4. Recommendation to approve the purchase of three (3) para-transit vehicles through the 5310
grant that only require a 10% match through the County. ($26,185.70)
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5. Recommendation to approve a change order in the amount of $122,010.00 to CH2M Hill, Inc.
amending contract #05-3774 Gordon River Water Quality Park (project No. 510185)
Engineering Design contract.
C. PUBLIC UTILITIES
1. Recommendation to approve a Change Order in the amount of $217,000 for the electrical
work at Pelican Bay Wastewater Decommissioning plant and the associated Budget
Amendment, Project 72501
2. Recommend to approve Change Order 2 to Agreement 06-3939 for Program Management and
Oversight Services with Malcolm Pirnie Inc., in the amount of $169,342 related to the
Northeast Facility Projects 75012.
D. PUBLIC SERVICES
1. Approve a limited use license agreement between the Board of County Commissioners and
the Naples Junior Chamber of Commerce, Inc., approving use of specified county-owned
property for conducting a July 4th Fireworks Festival. ($25,000)
2. Recommendation that the Board of County Commissioners approves, and authorizes the
Chairman to sign, a lien agreement with Enrique Galvan Ramirez and Ana M. Galvan
(Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable
housing unit located at Lot 94 Independence, Phase II in Immokalee.
3. Recommendation to approve budget amendments in the amount of $113,428 to ensure
continuous funding of the Alzheimers Disease Initiative grant.
4. Recommendation to approve a budget amendment in the amount of $7,099 to ensure
continuous funding of the Home Care for the Elderly grant.
5. Recommendation to approve budget amendments in the amount of $697,291 to ensure
continuous funding of the Community Care for the Elderly grant.
6. Recommendation that the Board of County Commissioners approves, and authorizes the
Chairman to sign, a lien agreement with Madeleine Joseph (Owner) for deferral of 100% of
Collier County impact fees for an owner-occupied affordable housing unit located at Lot 132,
Independence, Phase II.
7. Recommendation that the Board of County Commissioners approves, and authorizes the
Chairman to sign, a lien agreement with Dieuseul & Marthe Mareus (Owners) for deferral of
100% of Collier County impact fees for an owner-occupied affordable housing unit located at
Lot 87, Independence, Phase II.
8. Recommendation that the Board of County Commissioners approves, and authorizes the
Chairman to sign, a lien agreement with Lemoine Moinius and Marie Moinius (Owners) for
deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit
located at Lot 8, Trail Ridge Naples.
9. Recommendation that the Board of County Commissioners approves, and authorizes the
Chairman to sign, a lien agreement with Gaston Duperrier and Marie Duperrier (Owners) for
deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit
located at Lot 5, Trail Ridge Naples.
10. Recommendation that the Board of County Commissioners approves, and authorizes the
Chairman to sign, a lien agreement with Manasse Fradeus and Martine Fradeus (Owners) for
deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit
located at Lot 141, Trail Ridge Naples.
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E. ADMINISTRATIVE SERVICES
1. Approval of a budget amendment to Fund 516, Property and Casualty Insurance to finalize
the payment of property insurance claims related to Hurricane Wilma and to recognize
corresponding reinsurance recoveries in the amount of $1,449,063.
2. Recommendation to approve a budget amendment to Fund 518, Workers Compensation, in
the amount of $24,400 to provide online safety training to Collier County Staff.
3. Report and Ratify Staff-Approved Change Orders and Changes to Work Orders to Board-
Approved Contracts.
4. Recommendation that the Board of County Commissioners recognize a Memorandum of
Understanding between the County, the Social Security Administration and the Department
of Homeland Security instituting participation in their Employment Eligibility Verification
Program (EW), Basic Pilot to verify information on newly hired employees and to maintain
compliance with Immigration law.
5. Recommendation to approve the addition of the classification Director Coastal Management
Programs to the 2007 Fiscal Year Pay and Classification Plan.
F. COUNTY MANAGER
1. Recommend approval of Change Order #3 in the amount of $20,000 on Contract 05.3772 with
Miles Media Group for Tourism Department Web Site Modifications.
2. Recommendation to approve Memorandum of Understanding for county emergencies
between Collier County and Habitat for Humanity of Collier County
3. Recommendation to approve Memorandum of Understanding for county emergencies
between Collier County and Veterans of Foreign Wars Post 7721.
4. Recommendation to approve Memorandum of Understanding for county emergencies
between Collier County and Guadalupe Social Services.
5. Recommendation to accept an awarded Community Foundation Grant to help fund
attendance of staff at the 2007 National Conference on Community Preparedness and the
approval of necessary budget amendments to recognize and appropriate revenue in the
amount of $1,762.00
6. Recommendation to approve Memorandum of Understanding for county emergencies
between Collier County and Mayflower Congregational Church.
7. Recommendation to approve Memorandum of Understanding for county emergencies
between Collier County and Immokalee Friendship House.
8. Recommendation to approve an Inter-local Agreement between Collier County Board of
County Commissioners and the Collier County School District regarding disaster
preparedness responsibilities contained in Florida Statute 252
G. AIRPORT AUTHORITY ANDIOR COMMUNITY REDEVELOPMENT AGENCY
1. Recommendation that the Community Redevelopment Agency (CRA) approve the
expenditure of up to $13,488 from FY07 Fund 186 adopted budget to cover a gap in salary for
the Immokalee Weed and Seed Coordinator position. (Companion item to the Board of
County Commissioners budget amendment approval under 16A8)
2. To approve and execute Site Improvement Grant Agreement(s) between the Collier County
Community
Redevelopment Agency and a Grant Applicant(s) within the Bayshore Gateway Triangle
Community Redevelopment area. ($8,000)
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3. Recommendation for the Community Redevelopment Agency to approve the purchase of a
residential (mobile home) lot and trailer in the Bayshore area of the CRA as part of a CRA
residential infill project; to approve payment from and authorize the CRA Chairman to make a
draw from the Bayshore Gateway Triangle CRA Wachovia Bank Line of Credit in the amount
of $90,000 plus cost and expenses to complete the sale of subject property; and approve any
and all necessary budget amendments. Site address: 3991 New Moon Court ($90,000).
4. Recommendation for the Community Redevelopment Agency to approve the purchase of a
residential (mobile home) lot and trailer in the Bayshore area of the CRA as part of a CRA
residential infill project; to approve payment from and authorize the CRA Chairman to make a
draw from the Bayshore Gateway Triangle CRA Wachovia Bank Line of Credit in the amount
of $90,000 plus cost and expenses to complete the sale of subject property; and approve any
and all necessary budget amendments. Site address: 3962 Harvest Court ($90,000).
5. Recommendation from the Collier County Airport Authority that the Board of Commissions of
Collier County accept a grant offer from the Florida Airports Council (FAC) and authorize its
Chairman to execute the grant agreement in the amount of $5,000, and approve all necessary
budget amendments. This grant is to provide wages, living assistance and/or transportation
expenses for one (1) intern during the summer of 2007 at the Marco Island Executive Airport.
This grant does not require matching funds.
6. Recommendation to accept a grant offer from the Florida Airports Council (FAC) and
authorize the Boards Chairman to execute the grant agreement in the amount of $5,000 and
approve all necessary budget amendments. This grant is to provide wages, living assistance
and/or transportation expenses for one (1) intern during the summer of 2007 at the
Immokalee Regional Airport. This grant does not require matching funds.
7. Recommendation from the Collier County Airport Authority that pursuant to Section 125.38,
Florida Statutes, the Board of County Commissioners approve and authorize its Chairman to
execute the attached Resolution and authorize the Authority's Executive Director to
negotiate, and bring back to the Board for its approval, an agreed-upon twenty-five (25) year
sub-lease agreement with the Florida Army National Guard to sub-lease a twenty-five (25)
acre parcel of land at the Immokalee Regional Airport on which the National Guard will
construct its Readiness Center (National Guard Armory).
8. Approve a budget amendment for $208,000 to increase revenues and expenses for the sale
and purchase of aviation fuel at the Marco Island Executive Airport and the Immokalee
Regional Airport.
H. BOARD OF COUNTY COMMISSIONERS
1. Commissioner Henning requests Board approval for payment to attend a function serving a
valid public purpose. Commissioner Henning attended the 2007 Paradise Coast Tourism Star
Awards and 5th Annual Collier County Tourism Week Celebration on May 16, 2007 at The Ritz
Carlton Golf Resort, Naples, FL. $30.00 to be paid from Commissioner Henning's travel
budget.
2. Commissioner Henning requests Board approval for payment to attend a function serving a
valid public purpose. Commissioner Henning attended The French Legion of HonorlCollier
County Veterans Council award ceremony and luncheon on June 6, 2007 at The Hilton
Naples, Naples, FL. $29.00 to be paid from Commissioner Henning's travel budget.
3. Proclamation designating June 29 - July 5, 2007 as National Clean Beaches Week. To be
mailed to Mr. Walter McLeod, Board of Directors and Advisors, Clean Beaches Council,
Washington, D.C.
4. Commissioner Halas requests Board approval for reimbursement regarding attendance at a
function serving a valid public purpose. Attended the Economic Development Council
luncheon at Florida Gulf Coast University on May 24,2007. $31.00 to be paid from
Commissioner Halas' travel budget.
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5. Commissioner Halas requests Board approval for reimbursement regarding attendance at a
function serving a valid public purpose. Attended the Economic Development Council
Eastern Collier County Industry and Opportunity Tour on May 30, 2007. $20.00 to be paid
from Commissioner Halas' travel budget.
6. Commissioner Coletta requests approval for reimbursement for attending a function serving
a valid public purpose. Commissioner paid in advance to attend the Physician Led Access
Network (PLAN) of Collier County's Annual Board Meeting and Dinner on May 14, 2007 and is
requesting reimbursement in the amount of $25.00, to be paid from his travel budget.
I. MISCELLANEOUS CORRESPONDENCE
1. To file for record with action as directed.
J. OTHER CONSTITUTIONAL OFFICERS
1. Recommend that the Board of County Commissioners serve as the Local Coordinating Unit
of Government for the United States Department of Justice COPS Secure Our Schools (SOS)
2007 Grant Program.
2. To obtain board approval for disbursements for the period of May 12, 2007 through May 18,
2007 and for submission into the official records of the board.
3. To obtain board approval for disbursements for the period of May 19, 2007 through May 25,
2007 and for submission into the official records of the board.
4. To obtain board approval for disbursements for the period of May 26, 2007 through June 01,
2007 and for
submission into the official records of the board.
5. To Present to the Board of County Commissioners the State Revenue Sharing Application for
Fiscal Year 20072008 and to Obtain Board Approval for the Chairman to Sign the Application.
6. Recommend that the Board of County Commissioners approve a document for Eleventh Year
State Criminal Alien Assistance Program (SCAAP) Grant Funds.
K. COUNTY ATTORNEY
1. Recommendation to Approve a Stipulated Final Judgment for Parcel 112 in the Amount of
$165,000 in the Lawsuit Styled Collier County v. The Shores At Berkshire Lakes Master
Homeowners Association, Inc., et ai, Case No. 06-0828-CA (Santa Barbara Boulevard Project
No. 62081). (Fiscal Impact: $17,200.00)
2. Recommendation to Approve an Agreed Order Awarding Expert Fees and Costs Relating to
Parcel No. 178 in the Case Styled Collier County v. Teodoro Gimenez, et al., Case No. 04-
0561-CA (Vanderbilt Beach Road Project #63051) (Fiscal Impact: $56,000.00).
3. Recommendation to Approve a Stipulated Final Judgment for Parcels 858 and 958 in the
Amount of $19,300.00 in the Lawsuit Styled Board of County Commissioners of Collier
County v. Grand Cypress Communities, et aI., Case No. 05-1053-CA, South County Regional
Water Treatment Wellfield Project #70892. (Fiscal Impact: $650.00).
4. Recommendation to Authorize the Making of a Second Offer of Judgment to Respondents,
Duffield W. Matson, III and Sarah Matson, for Parcels 717R, 917, 718R and 918R in the
Amount of $31,500.00 in the Lawsuit Styled Collier County v. Duffield W. Matson, III, et aI.,
Case No. 05-1054-CA, South County Regional Water Treatment Wellfield Project #70892.
(Fiscal Impact: $16,350.00 if offer is accepted).
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5. Recommendation to approve a Stipulated Final Judgment as to Parcels 716, 816, 916, 814
and 914 in the amount of $93,340 in the lawsuit styled Collier County v. Centrex Corp., Ltd., et
al., Case No. 05-1129-CA (South County Regional Water Treatment Wellfield Project #70892).
(Fiscal Impact: $38,990).
6. Recommendation to approve a Stipulated Final Judgment as to Parcels 815 and 915 in the
amount of $33,890 in the lawsuit styled Collier County v. Colonnade on Collier Blvd. LLC., et
ai., Case No. 05-1091-CA (South County Regional Water Treatment Wellfield Project #70892).
(Fiscal Impact: $37,871.70).
7. Recommendation to Approve an Agreed Order Awarding Expert Fees and Costs Relating to
Parcel No. 134 in the Case Styled Collier County v. TreeSource, Inc., et al., Case No. 02-5167-
CA (Immokalee Road Project #60018) (Fiscal Impact: $1,800.00).
8. Recommendation to approve a Stipulated Final Judgment for Parcel No. 130 in the lawsuit
styled Collier County v. Berean Baptist Church of Naples, Inc., et ai., Case No. 06-1254-
CA(County Barn Road Project No. 60101). (Fiscal Impact $58,337.25)
9. Request Authorization to Amend Collier County Ordinance No. 87-60, as Amended, to
Exempt from the County's Local Requirements, but not from State of Florida Newly Enacted
Statutory Requirements, regarding Solicitation Activities Conducted in or Along Streets and
Roads by Organizations that are Exempt from Federal Income Taxes under Section 501(c)(3)
of the Internal Revenue Code and are Either Registered as a Charitable Organization (or
Sponsor) with Florida's Department of Agriculture and Consumer Services, or are Statutorily
Exempt from such State Registration.
10. Request by the Collier County Industrial Development Authority for approval of a resolution
authorizing the Authority to reissue revenue bonds issued in 2004 to finance educational
facilities for Community School of Naples, Inc.
17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET
THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS
RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER
AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL
OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION,
OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC
MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE
REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI-
JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN.
A. This item requires that all participants be sworn in and ex parte disclosure be provided by
Commission members. PUDA-2006-AR-10916, PINE RIDGE MIXED-USE CENTER MPUD,
Michael R. Fernandez representing the Grand Inn of Naples, Inc., requesting to have the Collier
County Planning Commission (CCPC) consider an application to rezone the subject site from
the Planned Unit Development (PUD) zoning district to the Mixed Use Planned Unit
Development (MPUD) zoning district for a project to be known as Pine Ridge Mixed Use Center
MPUD. The amendment to the approved MPUD Document proposes to add 24,000 square feet
of commercial use, add General Office as a permitted use, eliminate Restaurant as a permitted
use, and include revisions to the development standards.
B. This item requires that all participants be sworn in and ex parte disclosure be provided by
Commission members. Recommendation to approve Petition AVPLAT-2007-AR-11576, Lipari-
Ponziane, to disclaim, renounce and vacate the Countys and the Publics interest in a County
Utility Easement encumbering Tract FDa1, Lipari-Ponziane, a subdivision as recorded in Plat
Book 47, Pages 80 through 89 of the Public Records of Collier County, Florida, situated in
Section 31, Township 50 South, Range 26 East, Collier County, Florida, and being more
particularly described in Exhibit A.
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C. This item has been continued from the May 22, 2007 BCC Meeting. This item requires that all
participants be sworn in and ex parte disclosure be provided by Commission members.
Petition: CU-2006-AR-9458, Silver Strand III Partnership, represented by George L. Varnadoe,
Esquire, of Cheffy, Passidomo, Wilson & Johnson, LLP and Fred Reischl, AICP, of Agnoli,
Barber & Brundage, Inc., requesting a conditional use for Rinker Concrete Plant at Silver
Strand in the Rural Agricultural with an Mobile Home Overlay (A-MHO) Zoning District. The
subject property, consisting of 14.74 acres, is located approximately 1,300 feet south of
Stockade Road on the east side of Immokalee Road (CR 846), in Section 15, Township 47
South, Range 29 East, Immokalee, Collier County, Florida.
D. Petition: PUDZ-2005-AR-7588, Richard Evans, represented by Tim Hancock, of Davidson
Engineering Inc., requesting a rezone from Rural Agriculture A zoning district to Commercial
Planned Unit Development CPUD, to be known as Evans CPUD, by creating a PUD Document
and Master Plan, proposing medical and professional offices and non-commercial indoor
storage by occupants of the building(s), with a maximum of 52,000 square feet. The subject
property, consisting of 6.0 acres, is located west of Livingston Road and south of Pine Ridge
Road at 12745 Livingston Road in Section 13, Township 49, Range 25 East, Collier County,
Florida. This item requires that all participants be sworn in and ex parte disclosure be provided
by Commission members.
E. This item requires that all participants be sworn in and ex parte disclosure be provided by
Commission members. HD-2006-AR-10449 Marie Barnett, of M. Barnett Design, representing
Siegfried and Irene Fascher, is submitting a Historic Designation for 11219 Keewaydin Island as
a historically significant structure for property located on the south 100 feet of north 500 feet of
lots 1 and 2, South Naples Shores, sections 23 and 24, Township 51 South, Range 25 East,
Collier County, Florida
F. Approve an Amendment to Ordinance No. 84-37, as amended, also known as the Collier County
Code of Laws and Ordinances, Chapter 38, Article III pertaining to Post Disaster Recovery and
Reconstruction Management.
G. Recommendation that the Board of County Commissioners adopt an Ordinance to amend
Collier County Ordinance No. 75-16, as amended, for the purpose of revising and clarifying the
time, place, and conduct of meetings of the Board of County Commissioners, the procedure for
scheduling and the consideration of items of business of the Board of County Commissioners
on the agenda, the procedure for addressing the Board of County Commissioners at the
meeting, and the procedures for the reconsideration of matters by the Board of County
Commissioners.
H. Petition: PUDZ-2005-AR-8379 (MD) Home Dynamics of Naples, LLC, represented by Robert
Duane, AICP, of Hole Montes, Inc., is requesting a rezone from the Agricultural (A) zoning
district to the Residential Planned Unit Development (RPUD) zoning district for project to be
known as Boxwood RPUD. The subject property consisting of 29.69 acres, with a maximum of
207 residential dwelling units of which 20 percent of the total number of units will be for
Affordable-Workforce Housing, is located at 1429014300 Collier Boulevard, Section 35,
Township 48 South, Range 26 East, Collier County, Florida. This item requires that all
participants be sworn in and ex parte disclosure be provided by Commission members.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY
MANAGER'S OFFICE AT 774-8383.
11 of 11
AGENDA CHANGES
BOARD OF COUNTY COMMISSIONERS' MEETING
June 12. 2007
Item 8A continued to the June 26. 2007 BCC meetina: Recommendation that the Board of County
Commissioners reviews, accepts and authorizes the Chairman to sign a resolution declaring the
attached inventory list of County-owned real property as surplus land in accordance with Florida
Statutes 125.379 to be sold and the proceeds used to develop affordable housing. (Staff's
request.)
Item 8B continued to the October 23.2007 BCC meetina: This item requires that all participants
be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2006-AR-
10698: A. Grover Matheney, Trustee, represented by R. Bruce Anderson, Esq. of Roetzel &
Andress, LPA and Margaret Perry, AICP of WilsonMiller, Inc., is requesting a rezone from Planned
Unit Development (PUD) to Commercial Planned Unit Development (CPUD) for a project to be
known as the Gaspar Station PUD. The subject property consisting of 17.7 acres, is located on
the south side of Immokalee Road (CR 846), approximately one quarter mile west of the 1_
7511mmokalee Road interchange, in Section 30, Township 48 South, Range 26 East, Collier
County, Florida. (Petitioner's request.)
Item 9H: Commissioner Henning withdraws reconsideration of this item. Instead, for the Board
of County Commissioners to discuss and clarify the Stormwater Funding Policy for the Capital
Improvement Program - adopted on June 22, 2004. (Commissioner Henning's request.)
Move Item 16A7 to 10F: This item was continued from the May 22,2007 BCC meeting. 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 Silver Lakes Phase Two-G. (Commissioner Fiala's request.)
Withdraw Item 16D2: Recommendation that the Board of County Commissioners approves and
authorizes the Chairman to sign a lien agreement with Enrique Galvan Ramirez and Ana M.
Galvan (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied
affordable housing unit located at Lot 94 Independence, Phase II in Immokalee. (Staff's request.)
Item HC: Additional backup information relating to this item has been distributed and made
available for review. (Staffs request.)
Item 17D: The Ordinance relating to this item was omitted from the agenda package. Copies
have been distributed and made available for review. (Staff's request.)
Item 17G: Paragraph 7b. of the draft Ordinance is to read: "b. Request for Reconsideration bv
Petitioner. A reauest for reconsideration mav be made onlv bv the petitioner. The petitioner shall
mav request reconsideration of a petition in writing to the County Manager. . ." (Staff's request.)
Move Item 17H to 8C: This item to be heard at 10:00 a.m. This item requires that all participants
be sworn in and ex parte disclosure be provided by Commission members. Petition PUDZ-2005-
AR-8379 (MD) Home Dynamics of Naples, LLC, represented by Robert Duane, AICP of Hole
Montes, Inc., is requesting a rezone from the Agricultural (A) zoning district to the Residential
Planned Unit Development (RPUD) zoning district for project to be known as Boxwood RPUD.
The subject property consisting of 29.69 acres, with a maximum of 207 residential dwelling units
of which 20 percent of the total number of units will be for Affordable-Workforce Housing, is
located at 14290 14300 Collier Boulevard, Section 35, Township 48 South, Range 26 East, Collier
County, Florida. (Commissioner Coyle's request.)
Time Certain Items:
Item 9G to be heard at 11 :45 a.m. Resolution supporting the efforts of the Judicial System to
eliminate Identity Theft. (Commissioner Donna Fiala.)
Item 10A to be heard after 1:00 p.m. To update the annual economic incentive report presented to
the BCC in the Fall of 2006. (Joseph K. Schmitt, Administrator CD&ES.)
Item 14A to be heard at 3:00 p.m. (The Executive Summary in the backup material incorrectly
stated 4:00 p.m.) Recommendation for the Collier County Community Redevelopment Agency
(CRA) to authorize the Bayshore Gateway Triangle CRA Executive Director to negotiate a closing
date extension to a purchase contract for certain real property within the Bayshore Gateway
Triangle Community Redevelopment Agency and authorize the CRA Chairman to sign the
extension. (David Jackson, Executive Director, Bayshore/Gateway Triangle CRA.)
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
~
WHEREAS,
WHEREAS,
PROCLAMATION
Agenda item No. 4A
June 12, 2007
Page 1 of 2
the Immokalee Foundation was formed in 1991 by philanthropist Parker
Callier to help improve the future of Immokalee's children by raising the
owareness of ond financial support from neighboring Neapolitans and its
Mission is "building pathwoys to success for the children of Immokalee;"
and,
the Immokalee Foundation distributes from $80,000 to $100,000 annually
to Immokalee programs that support its mission and has distributed in
excess of $1.5 million to projects supporting early learning, college
preparatory, and emergency aid to the children of Immokalee, and plans to
distribute $5.6 million over the next five years to various community
partnerships. programs, and scholarships; and,
the Immokalee Foundation partners with Collier County organizations that
support Immokalee's children throughout the duration of their educational
lives, an approach The Immokalee Foundation recognizes as "Cradle to
Career;" and,
the Immokalee Foundation financially sponsors up to 75 Immokalee children
enrolled in The Education Foundation of Collier County's "Take Stock in
Children" mentoring and tuition-assistance programs, and 14 of those
children will graduate from Immokalee High School in June, the first group
of the Immokalee Foundation-sponsored students to do so; and,
the Immokalee Foundation plays a positive and significant role in the
education of Immokalee's children and aims to expand its valuable work by
further partnering with other community organizations. leaders and
volunteers; and,
the Immokalee Foundation recognizes the volunteer efforts of Ellen Harris
and the charitable contributions of Bay Colony, Port Royal and numerous
other communities, private individuals, and civic groups in Collier County.
NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier
County, Florida, that May 21, 2007 to May 25, 2007, be designated as
IMMOKALEE FOUNDA TION WEEK
in recognition of its continued service to the community of Immokalee.
DONE AND ORDERED THIS 22nd Day of May, 2007
.~
ATTEST;
BOARD OF COUNTY COMMISSIONERS
COLUER COUNTY, FLORIDA
JAMES COLETTA, CHAIRMAN
DWIGHT E. BROCK, CLERK
Item Number:
Item Summary:
Meeting Date:
Page 101' 1
',,)-,r;:Ji; It\
June ~'rjG7
Pci(li'
COLLIER COUNTY
["WARD or COUNTY COMMISSIONEP.S
I."
"M'13!',:ifl.:J"1 d,-",ig_w\:I';Q Mav ::". 2007:c- May 2~, ;'(}(j~ 8S Irn'~',ol'a!et Fr)un,:aT;Ori '.fj"ek
., 0 b,- read ;md accepled I'JY Mr EJ Laudist :execuTivE' D'ri'~ct0r the 1'"rlluUllf)<O ;::()uI1d8h,,~
r!li" ;!CIT; was <llre'Cldy V()j( d un at tl)(e' rJ:il', - 20U' [3::(; rTF}f~I;r>g
(,:,: :':.'GC7'JCC: DO: M
Exccuti\I(' A,d~ lothe Bee
Date
Prepared By
LisJResnlck
Boardo! County
CommissiofiNS
Bce Office
512212[)OT9:18:(1, AM
Sue Fil~cn
ExoGtltl-ve Manager to llle 8::::e
Date
Apllro\'Cd By
Board ~,f County
Commissicm:rs
sce Office
'>123.'20077;56 ;',M
County Monager
Date
Approyed fly
JamB!>\'. Mudd
Board .:;fCounty
Cormmss,Clrwrs
CDun!y ~{,HlJP(/S Office
5/2'0:200: 'I.Sf;,\M
._-----~
PROCLAMATION
,L\aenda Item No.4 B
~ June 12,2007
Page 1 of 2
WHEREAS, mo,.. than 65 years ago, the National Housing Act was signed into law,
making home ownership available to millions of families who previously
could not afford to buy their own homes; and,
WHEREAS, home ownership has always been the foundation of the American
dream, and over 75 million people nationwide and thousands of families
in Collier County have worked hard and set aside their savings so that
they might enjoy the security and stability of owning their own home;
and,
WHEREAS, Collier County's low-income housing market is, in part. the ,..sult of
willing leaders, Realtors, and nonprofit agencies committed to providing
affordable housing opportunities for all citizens: and,
WHEREAS, Collier County's Housing and Human Services Department ;s committed
to assisting low and moderate income families to become homeowners
via the Home Loan Program, SHIP purchase assistance program, and
community development grants with the U.s. Department of Housing
and Urban Development; and,
WHEREAS, Collier County's commitment to home ownership has brought
extraordinary rewards, invigorating the construction, real estate and
lending industries, creating new jobs and enhancing our prosperity; and,
WHEREAS, hundreds of families have become homeowners through our partnership
with the Collier County Loan Consortium consisting of 6 banking
partners,' and,
WHEREAS, home ownership strengthens families and promotes personal and
financial well-being; and,
WHEREAS. home ownership has encouroged thousands of Collier County ,..sidents
to save and invest, to take pride in their neighborhoods, and to take
an active, responsible role in the life of their communities; and,
WHEREAS, it is appropriate and fitting that we recognize the value of home
ownership, its benefits to Collier County, and to our community.
NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier
County, Florida. that the month of June be designated as
HOME OWNERSHIP MONTH
DONE AND ORDERED THIS 12th Day of June, 2007
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
JAMES COLETTA, CHAIRMAN
-
ATTEST:
DWIGHT E. BROC/(, CLER/(
Page J of ]
I'W ".Jilllcrn NCJ "18
.2
COLLIER COUNTY
BOARD OF COUNTY C()Mr,lISSI0NU~S
Item Number:
'IB
lIemSummary:
"T:JClurn ,IIUI~ Ue:'il]111Itir1] II-,e menU: of ,,':me ,JS '1CJrnr u>rme:,,!l;u M ;ni~' Tu Ix a,:u;pi",j by
Meeting Date:
I'ds Marcy :/rurTll"n~, Dlre~tor 01 ;-;'lusnH) cmd HunWr] SC'~:ce,_ :0; 'E," CC'lIl~~Y
5/1;~!L'GC: 8000G /,M
Prepared By
Lisa R"snick
EXl)'cutilleAidc 10 the Bee
DZIt.,
BO<lrd of County
Cornmis'<iollers
SCCOf/ice
5141200711;23:18 AM
Appruvcd By
SUf,f'ilson
Ex"'~ulive Ma""~]Cr to 1I1~ Bee
D~je
Bo-uc!ofGoUnly
Commls:;iorlers
BeCOmee
oi41200711;25AM
Appr,-,vcd ny
Jar""" V, Mudd
County Ma.nager
Dille
Board of County
COrfll'l1issio"',rs
CDUIlly Mana.g"r'~; OffIce
614,'2()OT 11:45AM
Page 1 of I
i"n'')fKia Item ~jA
:'(JU7
iGf1
COLLIER COl!!';TY
801'.r [! (JF courn\' COf;JnR!SSIOrJE:I~S
ltemNumber:
,J.
ttemSummary:
Meeting Date;
'uj:"."I:O:i r/"(Jnq;"" "'lin M;-m(J 1::'I8Z.",.'1;iJr'" "W'.'" ,uj,'
f,I12I:<)('- :'.De, cr"hM
Prl'parcd By
Sue Filson
E,eClJliv(! ManJflcrto th" DeC
D~te
BoartlofCounly
Comrnissiom:rs
[lCe Of!,ce
ApprovedRy
J~me~ V. Muud
eDunti Marwger
Date
Board ofC(Jilnty
Commi$<;iont1n;
County ~~J;n"\le"5 Off;,,"
GfE.l::OC7 346 PM
l\genc'a item t\lo. S3
.L.me i2. 2007
PagG 1 of 5
Executive Summary
Recommendation to recognize County staff members, Bert Miller, Jamie
French, Jay Kim, Richard Zyvoloski, Lindsey Dagnall, and Kenneth
Kovensky for being recognized by the Public Technology Institute and
awarded a first place technology solutions award for the use of innovative
Geographical Information Systems Technology in the County's Hurricane
Impact Assessment Mobile Application.
OBJECTIVE: To obtain the approval from the Board of County Commissioners
to recognize County staff members, Bert Miller, Jamie French, Jay Kim, Richard
Zyvoloski, Lindsey Dagnall, and Kenneth Kovensky for receiving the 2006/2007
Public Technology Institute's first place technology solutions award for their use
of innovative Geographical Information Systems Technology in the County's
Hurricane Impact Assessment Mobile Application.
CONSIDERATIONS: This application is primarily used for post disaster
assessments by the Community Development and Environmental Services
Division, Information Technology Department and the Bureau of Emergency
Services to expeditiously collect and assess damage and habitability. Designed
to run on any laptop with or without a USB connected GPS antenna, this
application was created and tested by County staff to allow for the efficient
dispatch of inspectors while enabling field data to be assembled and assessed
quickly by emergency services staff.
The Public Technology Institute (PTI) is a national, member-supported non-profit
institute created by and for cities and counties. PTI works with a core network of
leading local government officials to identify opportunities for technology
research, to share best practices, to promote technology development initiatives
and to develop educational programming.
FISCAL IMPACT: There is no fiscal impact on the County. This application was
exclusively designed, field tested and implemented by County staff.
GROWTH MANAGEMENT IMPACT: There is no growth management impact on
the County related to this request.
RECOMMENDATION: That the Board of County Commissioners recognize
County staff members, Bert Miller, Jamie French, Jay Kim, Richard Zyvoloski,
Lindsey Dagnall, and Kenneth Kovensky for receiving the 2006/2007 Public
Technology Institute's first place technology solutions award for their use of
innovative Geographical Information Systems Technology in the County's
Hurricane Impact Assessment Mobile Application.
Prepared By: James C. French, Operations Manager, CDES
~\qe Ide
!
Page
COLLIER COl!NTY
80ARD OF COUN1Y COMMISSIONERS
Item Number:
'if'
ItemSummilry:
R'JCDr'llTle''<'1OiI:)'' to '''1': )9nI7." COTlly SId:f mW'~~J{W: F!ert M,lie;' Jd"'''C h('nch J~y '<'m
F,:cr,a,d ::yvpioski Lindsey Dagnal!, and Kenn~tr! I<o,:ensky f;), beirlg r~:'o:)rHz€d bv the
Pul)IIC T'j~hnoiogy Institute and awarded a hrst pl<:lc€ teCrllloio9Y SO!~'.larl~ avnrd for the use
of Innovdtlve GcaI;Hup~lI<::al inforrnal'on System, TeC:llno!ogy In the CCluntys 111I' iCElI'e IrnpOC:l
;o,SS[i'~~ITlen: M;)!J,iF' ;'p::>llcatlon
Meeting Dilte:
C/l:C'CDT90UUO;,M
Prepared By
JarncsFrench
Operallon$ Supervl$or
Date
Community Developm~'n\ &
Environmt'ntalServices
CDESOper:Jtions
SI;,'1/2007111046AM
Appron'd R}'
MJrleneStewart ExecutlveSecrelary
Commuruty Development & Communit,. Development &
Environ~'ental Services Environmental Servi~es Admin.
Date
5121120071147AM
ApprondBy
Judy ruig Oi)fnati(ll1~ !1flalyst
D:lte
Comrnunitv Development & Communit\-, Development &
EnvlronmantdlServices Environmental Services AdlTlin
512112(107 12:2~ PM
AI'IJrU\l'd By
JosPjJllKSchmilt
Ce>;nrrlUrHt,. t!evelcpftlellt [;,
Enlfrron".ental Scn'icos Admin,tl'alor
Dale
Comm,mily Dev.',iopm""'t &
EnvirotltllOnUI ~-"':r,'tes
Community Devt'IOpnwn:&
[rlV,ronn'lenlal Sorvlc,,"-Admin
5/22!2l1074:S1 PM
Approved By
0,';18 Coordln~t.or
CJ!\<iBCoerd:tlfWr
CAe
Cqurlly Managur'a01ficc
Off,(e of Manage~'''H1j Ii. 8wlgej
r,/25.'2007 4:01i "1,1
ApIJrO\'l'd By
riii;rk !~dckson
!:b'JgCi. AnJly~t
[j81.,
COiJ'll\' rMlni)(lf'r'S Off,.
Uff;",.' D( r.1zmJ,.wnH"n: 1> Budgel
G:2C(JC71 JG P\,1
ApproVl'd B}'
JJr11es\.'.I\'rLJ(1d
Co un!\-, r," an.l ~~er
D~te
BoonJ ofCoLJnty
Com,[;- M"flJ\1Cr'~.. Off,Cf'
G/1/?()07:' 2GPM
Commis",onr,r:;
Aoenda Item No. 58
~ June 12, 2007
Page 3 of 5
t- ." .. . .... . '.
P I [::tHeir;. qF:." I~' ,,,Ikh.,,d',~.<<I<:,, fh,,~i.h'"T'''
t; ~1..:>ULo:Q ":v~WLlWuU'UvJ~~' Lif.ii,l;,.~',..,w~L:Ll~-"'=:
The technology resource for local governments
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HOME I ABOUT I JOIN I COUNCILS I DISCUSSIONS I
DOCUMENTS I EVENTS I PROGRAMS I SERVICES I JOBS
2006-2007 Technology Solutions Award Winners
n independent panel of judges has identified winners
of PTI's latest Technology Solutions Awards.
The competition rewards those PTI member local governments that can
demonstrate how they apply technology to improve service delivery,
reduce operating costs or create new revenue opportunities.
Award winners are being recognized at the 2007 PTI Technoloov
Leadership Conference, May 6-8 at the Adam's Mark hotel in Denver.
"PTI has experienced a resurgence of interest in the Technology Solutions
Awards program. We're most impressed by the quality and breadth of this
year's entries," according to PTI Executive Director Alan Shark. "The
awardees and entrants will receive recognition from PTI, but the real
beneficiaries are our city and county citizens."
Read on for summaries of the winning entries. PTI will publish additional
detail about these projects in the near future.
Population Category: [L]arge (700,000+); [M]edium (100,000-699,999);
[S]mall (up to 99,999)
Phoenix, AZ [L]: Regional Fire Dispatch/DoT Interface
An interface between the city fire department's CAD system and the state
DOT traffic management center has improved traffic management and
public information.
Agenda Item No. 58
June 12. 2007
Page 4 of 5
Corpus Christi, TX [M]: Don't Forget the Small Stuff - Using Technology
to Improve Citizen Access and Operational Efficiencies
Public-facing and internal web-based applications support public safety.
Kansas City, MO [M]: Public Safety CAD Integration and Systems
Upgrade
A joint police and fire CAD system has expanded to serve more
departments with high reliability.
Rockville, MD [S]: SharpSITE - A Strategic Investment Approach for
Digital Cities
SharpSITE combines machine vision with machine learning to detect
potential security situations and anomalous behavior on video.
Phoenix, AZ [L]: Graffiti Web Services
An online system is used to track graffiti occurrences and gain restitution
from perpetrators.
Collier County, FL [M]: Damage and Habitability Assessment Program
A mobile, network-independent PC application uses GPS to aid inspectors
collecting data on disaster damage.
Hennepin County, MN [L]: BookSpace: Improved Service to County
Library Readers
Library customers and staff are taking advantage of intriguing new
capabilities in a redesigned, database-driven website.
Phoenix, AZ [L]: Text Resizing on Phoenix.Gov
A standards-based, site-wide tool makes the city website more accessible
to users with impaired vision.
Seattle, WA [M]: The Art of Building Community: Seattle Channel Art Zone
A multimedia initiative partners with diverse communities to promote local
arts and culture on TV and the web.
San Carlos, CA [S]: Online E-Packets with Indexed Video
Council/Commission Minutes
A web/RSS service enables the public to track city council business in
detail.
t.
Agenda Item No. 5B
June 12. 2007
Page 5 of 5
Phoenix, AZ [L]: Automated Scalehouse Processing System
A wireless system facilitates scalehouse transactions for residential
collection commercial vehicles.
San Diego County, CA [L]: Mobile Remote Workforce Innovation in
Health Care
A web-based referral system, case assignment database and electronic
tablets are part of a revamped process to bring enhanced services to
children and families while reducing costs.
Washtenaw County, MI [M]: Wireless Washtenaw Pilot Program
Pilot projects are leading to an expansion of Wi-Fi service throughout the
county.
Santa Monica, CA [S]: Boards and Commissions Management Application
A custom application manages the entire board and commission
application and appointment process, bringing improved staff efficiency
and public transparency.
New York, NY [L]: Smart Building Technology
Web-based tools permit remote monitoring and management of heating
plants and thousands of elevators.
Fort Worth, TX [M]: Corrective Action Reports
A database offers streamlined access to laboratory water quality data,
dramatically shortening processing time.
Santa Monica, CA [S]: Real-Time Parking Availability Online
Several technologies, including pavement sensors, electronic signs and
web display, are used to provide staff and the public immediate information
on available parking.
Your Technology Solutions Award contact is Dale Bowen,
dbowen(Cilpti.orq, 202-626-2456.
Page 1 of 1
Aq8nj2 Item No. SC
June 12,2007
F'8ge 1 of 10
COLLIER COUNTY
C')i',P.(j or Cc)LJr\TY C:JIMA:::,SI::H';EES
Item Number:
Item Summary:
V.'rl' C,(,,',ldll('" lu S .'l,lr, ~.(,u;';y :<':JI(' cl """"")'2' Trhjl~'I"nT' ;::n
"9CiI,()!I'liJlc
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Meeting Date:
:'r;,i ,1(1 COC' I\M
Prellared By
Phil E, GrJIl"ltge'i PE
Sr. Project MJ"~ner
[)~te
Public Utilities
PublIC Utdit.Fe~, l:ng"leHing
<;"~i2Q07 11 :().:Hl AM
Apllrfl\'ed By
JamcsV.lItlJdd
C.<Hmtl' M~r1"gN
D;;te
8{)~rd of County
Commis5,onvrs
COlJflt\' MJndger''i Off,ell
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Agenda Item No. 6A
June 12, 2007
Page 1 of 7
COLLIER COUNTY MANAGER'S OFFICE
3301 East Tamiami Trail . Naples,FJorida 34112 . (239)774-8383 . Fax(239)774-401O
April 17, 2007
Mr. Tim Nance, Secretary
Palm Crest Villas, Inc.
180 Cypress Way East E-232
Naples, FL 34110
Re: Public Petition Request to Discuss Walkway Connecting Palm Crest Villas and
Willoughby Park
Dear Mr. Nance:
This is a correction to the ietter you received dated April 10, 2007. Please be advised
that you are scheduled to appear before the Collier County Board of Commissioners at
the meeting of May 22, 2007 (rather than April 24, 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.
JVM/jb
cc: David Weigel, County Attorney
Marla Ramsey, Public Services Administrator
-,
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~~
Agenda Item No., 6A ,
June 12, 2007
Page 2 o.f 7
, " -,.,-(
Request to Speak under Public Petition
. ""J )1. 2"-7
.hll~ !,/ ....J
Please print
Name:
--;;:;n ).//MI(f - :5z.c.rtcPlIUj (him ((z.~5T 1/1f.-fA->; I,.vc.
CO,NJ)OJ?1INIVm A-550CI41/0".J
Address:
ISo C'-(j?/Z"iS5
)./A-Pi.--4.-5 I Fe
WHit 'iASr
3'7/10
.z..- 2.32-
Phone: C(LL Cc,,'-I/-S"'q./tf
Date of the Board Meetina you wish to speak:
fYllf If 22 ,),1 2-0D 7
Please explain in detail the reason YOU are reauestino to speak (attach additional
paqe if necessary):
OeJ{t. Co,IJ):x;JrJlIJV<tlm ct?fJ1P(.f.jC #45 $t.JPFf./l4.D Pl2DhU/115, lJf/111tl-b{./~v-Jo tJIOUUuC.~ ,c~
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f-r !r,k<; ;U.W o<.JUf.. ~ 4WS.
3.)
Please eXDlain in detail the action vou are askina the Commission to take (attach
additional DaQe if necessary):
, 'i-Lrml,v,q.T',.... Pi/bLle. Nc>5~ r:Mvn. fAint c(tssr U/l-L.45: frto/Vzf'1 //VTD
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.
Agenda Item No" 6A
t:'i-~-rIFI{"b fnw<U 2007
l"~e 3 of 7
Palm Crest Villas, Inc.
180 Cypress Way East
Naples, FL 34110
January 5, 2007
Hon. Frank Halas - Commissioner
County Government Center
3301 East Tamiami Trail
Naples, FL 34112
Dear Commissioner Halas;
This letter is a last resort request for help from you to resolve the continuing problems our
condominium community has been having as a result of the construction of Willoughby Park. In
summary, the park was constructed in a manner that has encouraged visitors to park and trespass on our
property. A gate and walkway was even constructed from our property, leading to the park, without
our permission. Visitors to the park are trespassing and damaging our property. We have had arrests
and violence.
We originally contacted the Parks and Recreation Department in December 2004 regarding our
concerns and problems. An initial meeting with Parks at our condominium in December 2004 was
followed up by correspondence from us in February 2005, September 2005, a meeting with Ms. Marla
Ramsey at her office in January 2006, and another letter to Parks in August 2006 (copied to you and
our attorney), and a phone call back from Parks to our President Bob Borrows in September 2006.
Throughout our communication Palm Crest Villas board members have been repeatedly assured that the
Parks would take action soon to reduce the problems Willoughby is causing" To date no action of any
kind has been taken.
Examples of our ongoing problems:
Visitors park regularly in our already very limited space. Skate boarding and pet walking in our complex
has become commonplace. Littering is terrible" Our Condominium has been vandalized with paint
balls. Signs have been destroyed. VandaJism is continuing with our evening lights and fixtures smashed
numerous times. Several garage doors have been kicked-in and vandalized. Our holiday decorations
have been stolen and destroyed. The police have had to respond countless times to resident complaints.
Several trespassers have been arrested.
A
"
Agenda Item No, 6A
June 12, 2007
Page 4 of 7
2
Our most recent and serious incident occurred this past December 20th. Our president, Bob
Borrows was assaulted by a trespasser and sustained serious injury. Weare now in a situation that our
residents, primarily retirees, are afraid to go outside their homes in the evening. This is simply
intolerable.
This situation has been lzoin~ on now for over two vears. We have r~eatedlv been promised a
fence. Despite our numerous requests for action over a two vear oeriod Parks and Recreation has done
nothing. At this point our residents are requesting we take legal action against the County. Before we
proceed, we are appealing to you to assist us in resolving this situation and restore peace to our
residences.
It is now well past time for Parks and Recreation to restrict visitor access through our property
and stop this damage and violence. We request immediate action.
Please contact me at 641-5414 (my cell) at your earliest convenience.
Sincerely,
Tim Nance - Secretary /Palm Crest Villas BOD
cc. Ms. Ashley D. Lupo / Roetzel & Andress
Agenda Item No. 6A
June 12. 2007
Page 5 of 7
Palm Crest Villas, Inc.
180 Cypress Way East
Naples, FL 34110
August 4, 2006
Mr. Murdo Smith
Parks and Recreation
3300 Santa Barbara Blvd.
Naples, FL 34116
Dear Mr. Smith;
This letter is a request for immediate action from your department to resolve the continuing
problems our condominium community has been having with visitors to Willoughby Park.
We originally contacted your office in December 2004 regarding problems related to the new
Park. An initial meeting with you was followed up by correspondence in March 2005, September 2005,
and most recently a meeting with our Secretary, Tim Nance, yourself, and Ms. Marla Ramsey at your
office in January 2006. Throughout our communication Palm Crest Villas board members have been
repeatedly assured that you would take action to reduce the problems Willoughby is causing.
To summarize the issues once again:
Visitors park regularly in our already very limited space. Skate boarding and pet walking in our complex
has become commonplace. Littering is terrible. Vandalism is continuing with our evening lights and
fixtures smashed several times. Several garage doors have been kicked-in and vandalized.
The police have had to respond numerous times to resident complaints.
It is now well past time for your agency to restrict visitor access through our property and stop
this damage. We request immediate action.
Please contact me at 592-1447.
Sincerely,
Bob Borrows - President !Palm Crest Villas BOD
cc. Ms. Ashley D. Lupo I Roetzel & Andress
cc. Hon. Frank Halas, Collier Co. Commissioner, Dist. 2
Agenda Item No. 6A
June 12. 2007
Page 6 of7
Palm Crest Villas, Inc.
180 Cypress Way East
Naples, FL 34110
September 10, 2005
Mr. Murdo Smith
Parks and Recreation
3300 Santa Barbara Blvd.
Naples, FL 34116
Dear Mr. Smith;
As you may recall you met with me on 12/31/04 regarding the problems our condominium
community has been having with visitors to WiUoughby Park.
Since our initial meeting problems have gotten steadily worse.
Visitors continue to park regularly in our already very limited space. Skate boarding and pet walking in
our complex has become commonplace. Littering is terrible. Vandalism is continuing with our evening
lights and fixtures smashed twice in June alone. Several additional garage doors have been kicked-in.
The police have had to respond numerous times to resident complaints.
We understand that a certain amount of noise is reasonable from any Park, and that it is a benefit
both to the community as well as our residents. It is now necessary, however, that some action be
taken immediately by your agency to restrict visitor access through our property and stop this damage.
We request a meeting with you at your earliest convenience to arrive at some reasonable
solution to these problems. Please contact me at 592-1447. Thank you for your understanding and
cooperation.
Sincerely,
Bob Borrows - President !Palm Crest Villas BOD
Agenda item No. SA
.June 12. 2007
PEige 7 of7
Palm Crest Villas, Inc.
] 80 Cypress Way East
Naples, FL 34] 10
February 5, 2005
Mr. Murdo Smith
Parks and Recreation
3300 Santa Barbara Blvd.
Naples, FL 34116
Dear Mr. Smith;
Thank you for meeting with me on ]2/31 regarding the problems our condominium community
has been having with visitors to Willoughby Park. As we discussed, we have had various ongoing
problems since the opening of the new park.
Recently, as the number of visitors has increased, the situation has gotten significantly worse.
Problems include visitors parking in our already very limited space, litter, pet walking in our complex,
and paint-balls. Loud music and skate boarding in our parking area sometimes continues into the
evening hours. Most recently we have had damage from vandalism to our garage doors, signage, and
parking stops.
We understand that a certain amount of noise is reasonable from any Park, and that it is a benefit
both to the community as well as our residents. We would however, like to move forward on some
plan to restrict visitors from our property as much as practicable.
We thank you for your understanding and cooperation regarding this problem, and look forward
to working with you on a reasonable solution.
Sincerely,
Bob Borrows - President Palm Crest Villas BOD
Agenda item No. 8A
June 12. 2007
Page 1 of 6
~
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners reviews, accepts and
authorizes the Chairman to sign a resolution declaring the attached inventory list of
County owned real property as surplus land in accordance with Florida Statutes
125.379 to be sold and the proceeds used to develop affordable housing.
OBJECTIVE: To comply with Florida Statutes 125.379.
CONSIDERATIONS: In 2006, the Florida Legislature enacted Florida Statutes
125.379, wherein each county is tasked to prepare an inventory list, by July 1,2007 and
every three years thereafter, of all real property within its jUlisdiction to which the county
holds fee simple title that may be declared appropriate for use or sale for the benefit of
affordable housing. The Board of County Commissioners must review the inventory list
at a public hearing and revise it as they choose. Following the public heming, the
governing body must adopt a resolution that includes an inventory list of such property.
The statute provides possible options for appropriate usage of this property to benefit
affordable housing. The property may be offered for sale and the proceeds, above any
amounts reimbursed to County funds, may be used to:
~
l. Purchase land for the development of affordable housing.
2. Increase the Affordable-Workforce Housing Trust Fund eannm'ked for affordable
housing.
3. Sell with the restriction that requires the purchaser to develop affordable housing.
4. Donate to a nonprofit housing organization for construction of pennanent
affordable housing.
According to F.S. l25.38. all County depmiments and Constitutional offices have been
notified of the surplus propeliies and no county PUlvose has been identified for the
attached inventory. The Board of County Commissioners may fix a price that is nominal
or the actual value of the property and set such price in a resolution. No adveliisement is
required.
The Board of County Commissioners also has the option to dispose of said inventory and
return the monies to the General Fund after appropriate department funds are reimbursed,
or to maintain the attached inventOlY as County assets.
FISCAL IMPACT: The recommendation to sell the sU1Vlus land will reimburse all the
County funds and therefore, have no negative fiscal impact on the County.
GROWTH MANAGEMENT IMPACT: Any affordable housing developments that
may be developed from the proceeds of the sale of this propeliy will follow all the typical
planning and development processes.
----
,A,genda Item No, SA
June 12. 2007
Page 2 of 6
.<-
LEGAL CONSIDERATIONS: "Fla. Stat. S 125.379 requires that the County prepare,
and this Board review, an inventory list of all property within Collier County owned by
Collier County that is appropriate for affordable housing. The list is to be updated every
three years. The Board is free to revise the inventory list, and eliminate any parcels it
does not wish designated for use as affordable housing. For thosc parcels which are on
the inventory list, the Board can elect the manner in which such parcels will be utilized
for affordable housing. As the statute provides, the Board may (1) sell the parcel and use
the proceeds to purchase land for the development of affordable housing or to increase
the local government fund eam1arked for affordable housing; (2) sell the parcel with a
restriction that requires the development of the property as permanent affordable housing;
(3) donate the parcel to a nonprofit housing organization for the construction of
permanent affordable housing; or (4) otherwise make the property available for use for
the production and preservation of pem1anent affordable housing.
The attached Resolution, which is required by the statute, was prepared by the Office of
the County Attorney, and is legally sufficient for Board action. -JAK"
,-
STAFF RECOMMENDATION: That the Board of County Commissioners reviews
and accepts the attached inventory list as surplus property in accordance with F.S.
125.379, and authorizes thc Chainnan to sign the resolution and offer the property for
sale so that proceeds may be deposited into the Affordable Workforce Housing Trust
Fund and used for the development of affordable housing.
PREPARED BY: Marcy Krumbine, Director of Housing and Human Services
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Agenda item r'~o. 8,L\
June 12, 2CJC!7
Page 4 of 6
RESOLUTION NO. 2007-
A RESOLUTION OF THE BOARD OF CO\J]\;TY COMMISSIONERS OF
COLLIER COUKTY, FLORIDA, MADE IN FURTHERANCE OF FLA. STAT.
9125.379, AND PERTAINING TO AN INVENTORY LIST OF ALL REAL
PROPERTY WITHIN COLLIER COUNTY OWNED BY COLLIER COUNTY,
THAT IS APPROPRIATE FOR USE AS AFFORDABLE HOUSING:
PROVIDING AN EFFECTIVE DA TE.
WHEREAS, Fla. Stat. 9125.379 provides as follows:
"(1) By July 1, 2007, and every 3 years thereafter, each county shall prepare an inventory list of
all real property within its jurisdiction to which the county holds fee simple title that is
appropriate for use as affordable housing. The inventory list must include the address and legal
description of each such real property and specify whether the property is vacant or improved.
The governing body of the county must review the inventory list at a public hearing and may
revise it at the conclusion of the public hearing. The governing body of the county shall adopt a
resolution that includes an inventory list of such property following the public hearing.
(2) The properties identified as appropriate for use as affordable housing on the inventory list
adopted by the county may be offered for sale and the proceeds used to purchase land for the
development of affordable housing or to increase the local government fund eannarked for
affordable housing, or may be sold with a restriction that requires the development of the
property as permanent affordable housing, or may be donated to a nonprofit housing
organization for the construction of pennanent affordable housing. Alternatively, the county
may othcT\vise make the property available for use for the production and preservation of
pennanent affordable housing. For purposes of this section, the term "affordable" has the same
meaning as in s. 420.0004(3);" and
WHEREAS, an inventory list of all real property within Collier County to which the
county holds fee simple title that is appropriate for use as affordable housing has been duly
prepared; and
.WHEREAS, this inventory list includes the address and legal description of each such
real property and specifies whether the property is vacant or improved; and
'WHEREAS, The Board of County Commissioners has reviewed the inventory list at a
duly noticed public hearing and has considered appropriate revisions to such list.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that in keeping with the
requirements of Fla. Stat. 9]25.379, attached to this Resolution is an inventory list of all
properties now owned by the County identified as appropriate for use as affordable housing,
which property may be offered for sale and the proceeds used to purchase land for the
development of affordable housing or to increase the local government fund earmarked for
affordable housing, or which may be sold with a restriction that requires the development of the
property as pennanent affordable housing, or which may be donated to a nonprofit housing
organization for the construction of permanent affordable housing, or alternatively, which the
County may make available for use for the production and preservation of penn anent affordable
housing.
BE IT FURTHER RESOLVED that this Resolution be recorded by the Clerk of Courts
r
Agenda Item No. SA
June 12. 2007
Page 5 of 6
in the Public Records of Collier County, Florida.
This Resolution adopted after motion, second and majority vote, this _ day of
,2007.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk
By:
JAMES COLETTA, CHAIRMAN
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Agenda Item No. 8B
June 12, 2007
Page 1 of 123
EXECUTIVE SUMMARY
PUDZ-2006-AR-I0698: A. Grover Matheney, Trustee, represented by R. Bruce Anderson
esquire, of Roetzel & Andress, LPA and Margaret Perry, AICP, of WilsonMiller, Inc., is
requesting a rezone from Planned Uuit Development (PUD) to Commercial Planned Unit
Development (CPUD) for a project to be known as the Gaspar Station PUD. The subject
property, consisting of 17,7 acres, is located on the south side of Immokalee Road (CR 846),
approximately one quarter mile west of the 1- 75/1mmokalce Road, interchange, in Section
30, Township 48 South, Range 26 East, Collier County, Florida.
OBJECTIVE:
To have the Board of County Commissioners (BCC) review staffs rezone and PUD findings and
recommendations along with the recommendations of the Collier County Planning Commission
(CCPe) regarding the above referenced PUD to CPUD rezone petition and render a decision
regarding the petition.
CONSIDERA TlONS:
The proposed CPUD, if approved, will allow for retail and service uses at a rate of 7,500 square
feet per gross acre; office uses at a rate of 15,000 square feet per gross acre; and hotel/motel use
at a rate of 26 units per gross acre. The CPUD allows for a mix of Interchange Commerical uses
that are consistent with the GMP.
The project is bordered by Juliet Boulevard on the east, then a WaJ-Mmi superstore; on the north
by Immokalee Road, then a residential component of the Carlton Lakes project; to the west by
two approximately nine-acre, undeveloped agriculturally zoned tracts; and to the south by lands
within Livingston Lakes PUD, a residential project. Although there are no structures on site,
there are water and sewer lines on the subject tract, and a portion of Juliet Boulevard is located
on the site. The CPUD document and the Master Plan indicate the project will not have access
directly to Immokalee Road; access to the site will be via Juliet Boulevard. No deviations from
Land Development Code (LDC) requirements have been sought.
The subject property was rezoned to PUD as the Stiles PUD in Ordinance 97-74, a copy of which
is included in the application materials. The Stiles PUD was originally approved in Ordinance
86-58 on August 26, 1986, and that ordinance was repealed by another PUD rezoning by the
same name that became effective on December 12, 1997. The petitioner sought to extend the
PUD; however, that extension request, PUDEX-2004-AR-5296, which was submitted on January
28, 2004, was deemed withdrawn by staff due to inactivity on August 1, 2005. The time within
which to seek approval for a PUD extension has now lapsed, so the petitioner was required to
submit a new rezoning application pursuant to LDC Section 1 O.02.13.D.6.e that states:
Any PUD developer who has not commenced development pllrsuant to the sllnsetting
provisions set forth in section J OJ)2. 12 of this Code Hithin ten years or the original
PUD approval date shall suhmit a new rezoning application. The petitioner is seeking
the same llses and intensi!.)' that were approved in the Stiles PUD.
Page 1 of 7
f\oenda Item !'~o. eB
" J~ne 12, 2007
?age 2 of 123
Unlike most PUD to PUD rezoning petitions, a strike-thru/underline formatted document is not
included because this pctition is treated procedurally as if the subject propcrty was rezoning from
any conventional zoning district to PUD. The existing Stiles PUD Ordinance 97-74 is not being
"amended", nor is some language being replaced with new language. Ordinance 97-74 will be
repealcd in its entirety if this petition is approved. However, the petitioner, as previously statcd,
is seeking approval of the same uses that were approved in the Stiles PUD.
FISCAL IMPACT:
The 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 authorizcd level of development,
however, if the PUD amendment is approved, a portion of the existing land will be developed
and the ncw development will result in an impact on Collier County public facilities.
The County collects impact fees prior to the issuance of building pennits to help offset the
impacts of each new development on public facilities. These impact fees are used to fund
projects identified in the Capital Improvement Element of the OMP as needed to maintain
adopted Level of Service (LOS) for public facilities. Additionally, in order to mect the
requirements of concun'ency 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 pel111it
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 relatcd to thc value of improvements.
Please note that the inclusion of impact fees and taxes collected are for infol111ational purposes
only; they are 1101 included in the critelia used by Staff and the Planning Commission to analyze
this pctition.
GROWTH MANAGEMENT IMPACT:
Future Land Use Element (FLUE): The subject propeliy is designated Urban Commercial
District, Interchange Activity Ccnter Subdistrict, Activity Center #4, as identified on the Future
Land Use Map (FLUM) of the OMP. It is located within the Northwest TranspOliation
Concun'ency Managcment Area (TCMA). The County has confirmed that the level of service
critelia for the Northwest TCMA in thc LDC are being met; however, the final dctcl111ination of
eoncun-ency will be done during the site development plan process.
The Future Land Use Element (FLUE) of the OMP provides guidelines for Interchange Activity
Centers. Comprehensive Planning staff analyzed those guidelines and believes this petition can
be deemed consistent with the guidclines for the Interchange Activity Center. (The complete
review memo trom Comprehensive Planning, dated December 4, 2006 was included as Exhibit
"C" to the Collier County Planning Commission staffreport.)
Transportation Element: TranspOliation Division Planning staff has reviewed this petition's
Traffic Impact Statement (TIS) included in the application back-up material and the CPUD
document to ensure the CPUD documcnt contains the appropriate language to address this
project's potential traffic impacts, and to offer a recommendation regarding OMP Transportation
Page 2 of?
/\,genda ltem f\Jo. 88
June 12. 2007
Page 3 of 123
Element, Policies 5.1 and 9.3. Those policies require the review of all rezone requests with
consideration of its impact on the overall transportation system, and specifically note that the
County should not approve any request that significantly impacts a roadway segment already
operating, and/or projected to operate, at an unacceptable level of service (LOS) within the five-
year planning period unless specific mitigating stipulations are approved. The project was
reviewed based on the current TIS guidelines and with rcspect to Policy 5.1 of the Collier
County GMP Transportation Element. The project traffic was distributed on the adjacent
roadway network and analyzed through project build-out with consideration given to the five-
year planning period.
The trips generated by the Gaspar Station CrUD, previously known as the Stiles PUD, are
considered vested based on the project's prior contributions of right-of-way, and contributions
toward the improvemcnts to the intersection of Immokalee Road and Juliet Boulevard. The
Gaspar Station CPUD can be considered consistent with Policy 5.1 of the Transportation
Element of tbe GMP, because the trips for this project arc already accounted for in the
concurrency system. Although this CPUD is considered vested by Transportation Division
Planning staf1~ the CPUD remains subject to operational analysis at the time of subsequent
development order application.
However, Transportation Division Planning staff finds this project to be inconsistent with GMP
TranspOliation Element Policy 9.3 and current LDC requirements because the CPUD Master
Plan does not provide an interconnection to the adjacent parcel to the west. Staff has stipulated
an interconnection be provided to the abutting parcel to the west as a condition of approval.
Conservation and Coastal Management Element: Pursuant to Objective 2.4 and Policies
2.4.1 and 6.5.1, an Environmental Impact Statement (EIS) was provided to staff for review. In
accordance with Policy 6.1.1, 25 percent of the existing native vegetation shall be retained on-
site and it has been set aside as preserve areas. 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. In accordance with Policy 6.2.6, required preservation areas are identified on the
CPUD Master Plan.
GMP Conclusion: The GMP is the prevailing document to suppOli land use decisions such as
this proposed rezoning to CPUD. Statf is required to make a recommendation regarding a
finding of consistency or inconsistency with the overall GMP as pmi of the recommendation for
approval, approval with stipulations, or denial of any rezoning petition. A finding of consistency
with the FLUE and FLUM designations is a pOliion 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. However the petition, as cUlTently proposed, is not consistent
with GMP Transportation Element Policy 9.3 whieh states, "The County shall require, wherever
feasible, the interconnection of local streets between developments to facilitate convenient
movement throughout the road network." The petitioner has not demonstrated that an
interconnection is not feasible, but has olTered the argument contained in letters trom the agent
dated January 8, 2007 and February 23, 2007; both letters have been included in the application
packet. Staff provided an analysis of the agent's asseliions as part of the zoning analysis later in
this report.
Page 3 of7
.t'\genda item No. 88
June 12. 2007
Page 4 of 123
Based upon the staff analysis provided above, staff concludes the proposed uses and density may
be deemed consistent with the goals, objectives and policies of the GMP, except staff concludes
the petition should be deemed inconsistent with GMP Transportation Element Policy 9.3, unless
language is added to the CPUD commitments to address the interconnection, and the petitioner
revises the Master Plan to show an interconnection to the west. Staff has included specific
stipulations as part of the overall recommendation.
AFFORDABLE HOUSING IMPACT:
This request contains no provisions to address the Affordable-Workforce housing demands that it
may create.
ENVIRONMENT AL ISSUES:
Environmental Services staff has reviewed the petition and the PUD document to address any
environmental concerns. The Environmental Advisory Council reviewed this petition as noted
below.
ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION:
The Environmental Advisory Commission (EAC) heard this petition on April 4, 2007, and voted
unanimously to approve it with the following stipulation: The lake shape and final size will be
detcrn1ined at the site development plan stage; however the lake must remain adjacent to the
preserve area.
COLLIER COUNTY PLANNING COMMISSION (CCpn RECOMMENDATION:
The Collier County Planning Commission (CCPC) heard this petition on May 3, 2007;
Commissioner Midney made a motion to approve the petition with the following stipulations:
I. The PUD document shall be revised to include the EAC stipulation that the configuration,
i.e., shape and size and the location showing the lake adjacent to preserve shall be
retained; and
2. The developer must provide an interconnection to the parcel to the west; and
3. Certificates of Occupancy shall not be issued until the cloverleaf on 1-75 is open.
Commissioner Strain seconded the motion. Commissioners Adelstein, Strain, Midney, Kolflat
voted in favor of the motion. Those commissioners voting in support of the motion stated
concerns that this project would place an undue burden upon the sUll'Ounding roadway network.
Commissioners Tuff, Vigliotti, Schiffer and Murray voted against the motion. Those
commissioners who voted against the motion indicated that they had concerns about including
the stipulation requiring 1-75 cloverleaf improvements because the developer has no control over
those improvements, noting that the improvements may not be made at all. Donna Reed Caron
was absent that day. The CCPC voted 4 to 4 on the motion thus there is no recommendation
from the CCPC to the Board. The petitioner has not revised the PUD document to include CCPC
stipulation because there was no final recommendation. Because the CCPC vote was not
unanimous, this petition cannot be placed on the summary agenda.
Page 4 of 7
Agenda Itern No. 88
June 12, 2007
Page 5 of 123
LEGAL CONSIDERATIONS:
This is a site-specific rezone from the Planned Unit Development Zoning District to the
Commercial Planned Unit Development Zoning District for a project known as Oaspar Station
CPUD. Site-specific rezones are quasi-judicial in nature. As such the burden falls upon the
applicant for the rezone to prove that the proposed rezone is consistent with all of the criteria set
fmih below. The burden then shifts to the BCC, should it consider denial, that such denial is not
arbitrary, discriminatory or unreasonable. This would be accomplished by finding that the
proposal does not meet one or more of the listed criteria.
Criteria for PUD Rezones
Ask yourself the following questions. The answers assist you in making a determination for
approval or not.
1. Consider: The suitability of the area for the type and pattern of development proposed in
relation to physical characteristics of the land, sUlTounding areas, traffic and access, drainage,
sewer, water, and other utilities.
2. Is there an adequacy of evidence of unified control and suitability of agreements, contract, or
other instruments or for amendments in those proposed, particularly as thcy may relate to
alTangements or provisions to bc made for the continuing operation and maintenance of such
areas and facilities that are no/ to be provided or maintained at public expense? Findings and
recommendations of'this nj,e shall be made only afia conslIltation "ith the cOllnty attorney.
3. Consider: Confornlity of the proposed PUD with the goals, objectives and policies of the
OMP.
4. Consider: The internal and external compatibility of proposed uses, which conditions may
include restrictions on location of improvements, restrictions on design, and buffering and
scrcening rcquirC111cnts.
5. Is there an adequacy of usable open space areas in existence and as proposed to serve the
development?
6. Consider: The timing or sequence of development (as proposed) for the purpose of assuring
the adequacy of available improvements and facilities, both public and private.
7. Consider: The ability of the subject property and of sun'ounding areas to accommodate
expansIOn.
8. Consider: Confornlity with PUD regulations, or as to desirable modifications of such
regulations in the particular case, based on deternlination that such modifications are justified as
meeting public purposes to a degree at least equivalent to literal application of such regulations.
,,"'
9. Will the proposed changc be consistent with the goals, objectives, and policies and future
land use map and the clements of the OMP?
Page 5 of 7
Agenda Item No 85
June 12, 2007
Page 6 of 123
10. Will the proposed PUD rezone be appropriate considering the existing land use pattern?
11. Would the requested PUD rezone result in the possible creation of an isolated district
unrelated to adjacent and nearby districts?
l2. Consider: Whether existing district boundaries are illogically drawn in relation to existing
conditions on the property proposed for change.
13. Consider: Whether changed or changing conditions make the passage of the proposed
amendment necessary.
14. Will the proposed change adversely influence living conditions in the neighborhood?
15. Will the proposed change 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 puhlic safety?
16. Will the proposed change create a drainage problem?
17. Will the proposed change seriously reduce light and air to adjacent areas?
18. Will the proposed change adversely affect property values in the adjacent area?
19. Will the proposed change be a deterrent to the improvement or development of adjacent
property in accordance with existing regulations?
20. Consider: Whether the proposed change will constitute a grant of special privilege to an
individual owncr as contrasted with the public wclfare.
21. A,re there substantial reasons why the property cannot ("reasonably") be used in accordance
with existing zoning? (a "core" question...)
22. Is the change suggested out of scale with the needs of the neighborhood or the county?
23. Consider: Whether it is impossible to find other adequate sites in the county for the proposed
use in districts already pennitting such use.
24. Consider: The physical charactelistics 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.
25. Consider: The impact of development resulting fi'om the proposed PUD rezone 011 the
availahility of adequate puhlic facilities and services consistent with the levels of service
adopted in the Collier County GMP as defined and implemented through the Collier County
Adequate Public Facilities Ordinance [Code ch.l 06, mi. II], as amended.
Page 6 of 7
.Agenda Item l"Jo. BB
June 12 2007
Page 7 of 123
26. Are there other factors, standards, or criteria relating to the PUD rezone request that the BCC
shall deem important in the protection of the public health, safety, and welfare?
The BCC must base its decision upon the competent, substantial evidence presented by the
written materials supplied to it, including but not limited to the Staff Report, Executive
Summary, maps, studies, letters from interested persons and the oral testimony presented at the
Board of County Commissioners hearing as these materials related to these criteria.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners approve Petition PUDZ-2006-AR-
10698 subject to the staffrecommendation that the petitioner must provide an interconnection to
the property located west of the site.
PREPARED BY:
Kay Deselem, AICP, Principal Planner
Department of Zoning and Land Development Review
~
"......
Page 7 of7
Item Number:
Item Summary;
Meeting Date:
Page I of 1
"pc C'",; Ikm No, 88
12.2007
01,23
COLLIER COUNTY
BOARD OF C.OUNTY 801Mli11SSJONERS
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Mcltilelley, TI US'e!, 'epresentE<d by R Bruce illldcrson eS[ll);re. [l' r-io,,:::el & A,'l(jress U'A
",de I\ilargillfd Perry Ale"', oi VVrlsQnljiilier, Inc. IS reql)ijstil~g a rSC:O'le from Plal,ned Unit
Cpveie>p'-'lem {PLD: to CDrfll1lercia' r';"rll1ed 1I1111 DevelopnH,nt iC;F'UC fOI a pruject to l)e
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Prepared By
Kay D'lselem AICP
Community [jevetopment&
EnliironmentalSorv;ces
PnncipalPI"nner
Zoning & Land Development Review
5/21:20078,45:03 AM
Dute
Appruved By
Mnricne Stewnrl E~"'cutivl' Secretary
5/21/2007 12c25 ;~M
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Comr11lmity OeH'iopmcnt & Community Devl)lopmell &
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EI'v,r0n,ncnlJrS{,rv!:OSI\dmin
S/21i2007122(l:'M
En'JiconmentaISer':ic"S
Date
Approved By
l\iOHH E. F(,<J~r, AiCP
1r,>IlSp'Jnil[rf'n S"'vrc-:,,s
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Appro\'ed Hy
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Apllro"ed By
Josepl', K. Sell",.tt
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En'o;conrncnt~r SC. ;IO"~ !-\0mlnstrJ..tor
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County PJ.1"[),;;wr ':lff,c""
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5i~"i2(r07 3 S2 PM
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Approved By
Mar~ 11>,10"500
County MJnaocf~ nffir.e
bu,tger Hewlist
Of"'-,,, of MJr,Jgcment & AllciW=t
f;i~,2007 503 rOM
Linte
Approved II)'
JilmesV. Mudd
80artiof Cowlly
Cornlllr5~1()n<"'5
County MJ<1~gm
C.ouply M~n"ger'5 Office
C!4/2007 5::'(", PM
,l.,Jenda item ~~o. 88
,. ..June ~2. 2007
Page g of 123
CollJ~r County
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STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
FROM:
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
HEARING DATE:
MAY 3, 2007
SUBJECT:
PUDZ-2007-AR- I 0698; GASPAR STATION COMMERCIAL PLANNED UNIT
DEVELOPMENT (CPUD)
PROPERTY OWNER/AGENT:
APPLICANT:
AGENTS:
A. Grover Matheney, trustee
2351 SW 37''' Ave, Apt 11112
Miami, FL 33145
R. Bruce Anderson. esquire
Roetzel & Andress, L.P.A.
850 Park Shore Drive. 3,d Floor
Naples, FL 34103
Margaret Pen)', AICP
WilsonMiller
3200 Bailey Lane, Suite 200
Naples, FL 34105
REQUESTED ACTION:
The petitioner requests that the Collier County Planning Commission (CCPe) consider a rezone of the
subject site li'Oln the Stiles Planned Cnit Development (PUD) to a new Commercial Planned Unit
Development (CPUD) to be known as the Gaspar Station CPUD.
GEOGRAPHIC LOCATION:
The subject propeliy, consisting of 1 7.7c!c acres, is located on the south side of hnmokalee Road (CR
846). approximately one quarter mile west of the l-75/lmmokalee Road interchange, in Section 30,
Township 48 South, Range 26 East, Collier County, Florida. (See location map on a following page)
PURPOSEIDESCRIPTION OF PROJECT:
The proposed CPUD. if approved, will allow for retail and service uses at a rate of 7,500 square feet per
gross acre; ol1ice uses at a rate of 15.000 square feet per gross acre; and hotel/motel use at a rate of 26
units per gross acre. The CPUD allows for a mix of Interchange Commerical uses that is consistent
with the Growth Management Plan (GMP).
The project is bordered by Juliet Boulevard on the cast. tben a Wal-Mart superstore; on the north by
lmmokalee Road, then a residential component of the Carlton Lakes project; to the west by two
approximately nine-acre, undeveloped agriculturally zoned tracts; and to the south by lands within
Livingston Lakes PUD, a residential project. Although there are no structures on site, there are water
and sewer lines on the subject tract, and a pmiion of Juliet Boulevard is located on the site. The CPU D
document and the Master Plan indicate the project will not have access directly to Immokalee Road;
Gaspar Station PUD, PUDZ-2006-AR-10698 Staff Report
May 3, 2007 CCPC
Page 1 of 12
r
.I\genda Item No. 88
June 12, 2007
Page 10 of 123
access to the site will be via Juliet Boulevard. No deviations from Land Development Code (LDC)
requirements have been sought.
The subject property was rezoned to PUD as the Stiles PUD in Ordinance 97-74, a copy of which is
included in the application materials. The Stiles PUD was originally approved in Ordinance 86-58 on
August 26, 1986, and that ordinance was repealed by another PUD rezoning by the same name that
became effective on December 12, 1997. The petitioner sought to extend the PUD; however, that
extension request, PUDEX-2004-AR-5296, which was submitted on January 28, 2004, was deemed
withdrawn by staff due to inactivity on August I, 2005. The time within which to seek approval for a
PUD extension has now lapsed, so the petitioner was required to submit a new rezoning application
pursuant to LDC Section 10.02.l3.D.6.e that states:
Any PUD developer V.-!1O has not commenced development pllrsllanl to the sUllsetting
provisions set forth in section lOJJ2.12 of this Code within ten years of the original PUD
approval date shall submit a new rezoning application. 77w petitioner is seeking the same
llses and intensity that were approved in the Stiles PUD.
Unlike most PUD to PUD rezoning petitions, a strike-thru/underline fonnatted document is not
included because this petition is treated procedurally as if the subject property was rezoning from any
conventional zoning district to PUD. The existing Stiles PUD ordinance (97-74) is not being
"amended", nor is some language being replaced with new language. Ordinance 97-74 will be repealed
in its entirety if this petition is approved. However, the petitioner, as previously stated, is seeking
approval of the same uses that were approved in the Stiles PUD.
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Aerial Photo (subject property outline is approximate)
Gaspar Station PUD. PUDZ-2006-AR-l0698 Staff Report
May 3, 2007 CCPC
Page 2 of 12
l\.aencia Item No. 88
'-' June 12.2007
Page 11 of 123
SURROUNDING LAND USE AND ZONING:
North: Immokalee Road, then Lakeview at Carlton Lakes, a developed, residential, multi-family
project approved at a density of 3.35 units per acre within the residential portion of Carlton
Lakes PUD, with a PUD zoning designation
East: Juliet Boulevard, then Wal-Mart superstore, part of the Donovan Center PUD, with a PUD
zoning designation
South: A portion of the developing Livingston Lakes PUD, a residential, multi-family project
approved at 7 units per acre, with a zoning designation of PUD
West: two undeveloped, approximately nine-acre tracts (both controllcd by the same entity) with an
Agricultural zoning designation
GROWTH MANAGEMENT PLAN CONSISTENCY:
Future Land Use Element:
The subject property is designated Urban Commercial District, Interchange Activity Center Subdistrict,
Activity Center #4, as identified on the Future Land Use Map (FLUM) of the Growth Management
Plan (GMP). It is located within the Northwest Transportation ConcUlTency Management Area
(TCMA). The County has confil111ed that the level of service criteria for the Northwest TCMA in the
LDC are bcing mct; however, the final detel111ination of concun'ency will be done during the site
development plan proccss.
The Future Land Use Element (FLUE) of the GMP provides guidelines for Interchange Activity
Centers. Comprehensive Planning staff analyzed those guidelines and bclieves this petition can be
deemed consistent with the guidelines for Interchange Activity. (The complete review memo from
Comprehensivc Planning, dated December 4, 2006 is ineluded as Exhibit "C."
Transportation Element:
Transp0l1ation Planning staff has reviewed this petition's Traffic Impact Statement (TIS) included in
the application back-up material and the CPUD document to ensure the CPUD document contains the
appropriate language to address this project's potential tramc impacts, and to ofTer a recommendation
regarding GMP Transportation Element, Policies 5.1 and 9.3. Those policies require the review of all
rezone requests with consideration of its impact on the overall transportation system, and specifically
note that the County should not approve any request that significantly impacts a roadway segment
already operating, and/or projected to operate, at an unacceptable level of service (LOS) within the
fivc-year planning peliod unless specific mitigating stipulations are approved. The project was
reviewed based on the cun'ent TIS guidelines and with respect to Policy 5.1 of the Collier County GMP
Transportation Elemcnt. Thc project tramc was distributed on the adjacent roadway network and
analyzed through project build-out with consideration given to the five-year planning period.
Thc trips generated by the Gaspar Station CPUD, previously known as the Stiles PUD, are considered
vested based on the project's prior contributions of right-of-way, and contributions toward the
improvements to the intersection of Immokalee Road and Juliet Boulevard. The Gaspar Station CPUD
can be considered consistent with Policy 5.1 of the Transp011ation Element of the GMP, because the
Gaspar Station PUD, PUDZ-2006-AR-l0698 Staff Report
May 3, 2007 CCPC
Page 3 of 12
,
Agenda Item No. 88
.June 12,2007
Page 12 of 123
trips for this project are already accounted for in the concurrency system. Although this CPUD is
considered vested by Transportation Planning staff, the CPUD remains subject to operational analysis
at the time of subsequent development order application.
However, Transportation Planning staff finds this project to be inconsistent with GMP Transportation
Element Policy 9.3 and current LDC requirements because the CPUD Master Plan does not provide an
interconnection to the adjacent parcel to the west. Staff has stipulated an interconnection be provided
to the abutting parcel to the west as a condition of approval.
Conservation and Coastal Management Element:
Pursuant to Objective 2.4 and Policies 2.4.1 and 6.5.], an Environmental Impact Statement (E]S) was
provided to staff for review. ]n accordance with Policy 6.1.], 25 percent of the existing native
vegetation shall be retained on-site and it has been set aside as preserve areas. The requirement for an
E]S pursuant to Policy 6.].8 has been satisfied. Jurisdictional wetlands have been identified as required
in Policies 6.2.] and 6.2.2. ]n accordance witb Policy 6.2.6, required preservation areas are identified
on the CPUD Master Plan.
GMP Conclusion:
Tbe GMP is the prevailing document to support land use decisions such as this proposed rezoning to
CPUD. 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
stipulations, 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.
However the petition, as currently proposed, is not consistent with GMP Transportation Element Policy
9.3 which states, "The County shall require, wherever feasible, the interconnection of local streets
between developments to facilitate convenient movement throughout the road network." The petitioner
has not demonstrated that an interconnection is not feasible, but has offered the argument contained in
letters from the agent dated January 8, 2007 and February 23, 2007; both letters have been included in
the application packet. StafT provided an analysis of the agent's asseJiions as part of the zoning
analysis later in this report.
Based upon the staff analysis provided above, staff concludes the proposed uses and density may be
deemed consistent with the goals, objectives and policies of the GMP, except staff concludes the
petition should be deemed inconsistent with GMP Transportation Element Policy 9.3, unless language
is added to the CPUD commitments to address the interconnection, and petitioner revises the Master
Plan to show an interconnection to the west. Staff has included specific stipulations as part of the
overall recommendation.
ANALYSIS:
Staff completed a comprehensive evaluation of this land use petition and the criteria upon which a
favorable detemlination must be based. These criteria are specifically noted in Sections] 0.02.13 and
I 0.02.l3.B.5 of the LDC and required staff evaluation and comment. The staff evaluation establishes a
factual basis to suppOli the recommendations of staff. The CCPC uses these same criteria as the basis
Gaspar Station PUD, PUDZ-2006-AR-l0698 Staff Report
May 3, 2007 CCPC
Page 4 of 12
,L'i.genda Item [\)0. 88
..June 12. 2007
Page 13 of 123
for their recommendation to the Board of County Commissioners (BCC), who in turn use the criteria to
support their action on the rezoning request. These evaluations are completed as separate documents
and are attached to the staffreport (See Exhibits "A" and "B").
Environmental Review: Environmental Services staff has reviewed the petItIon and the CPUD
document to address any environmental concerns. The subject property consists of approximately l7.7
acres of which approximately 16.3 acres contains native vegetation. The Juliet Boulevard easement
accounts for approximately l.4 acres, Icaving 16.3 acres of developable property. Wetland areas
consist of 0.4 acres of Cypress-Pine-Cabbage Palm, of which cxotic vegetation comprise 25 to 49
percent (FLUCFCS 624E2). There are approximately 14.25 acres of Pine Flatwoods with Palmetto
Understory, 0.70 acres Pine Flatwoods with Graminoid Understory, (Exotics 25 to 49 percent), and
0.40 acres of Cypress-Pine-Cabbage Palm (Exotics 25 to 49 percent). Fifteen percent of native
vegetation on the site must be preserved. Therefore, approximately 2.4 acres of native vegetation are
required to be prcserved on the site: (l6.3 x .15 = 2.4). The prcserve will connect to the Livingston
Woods PUD preserve to the south.
There are approximately 0.4 acres of SFWMD jurisdictional wetlands on the site. The SFWMD
perfol111ed an infonnal wetland detennination on August 9, 2002. Wetlands on the site are low quality
in function and are proposed for impacts by the proposed development. The presence of Immokalee
Road and associated canal, 1-75 and surrounding development has altered the hydrology of the site. The
wetlands have also been impacted by varying levels of exotic plant infestation of primarily melaleuca
and Brazilian pepper.
Evidence of wildlife utilization on the site was minimal during site inspections. The site is not currently
inhabited or utilized by endangered or threatened species or by species of special concern. There is a
potential for the Big Cypress fox squin'Cl and the Eastel11 Indigo snake to utilize the site. A Big Cypress
fox squirrel management plan and an Eastel11 indigo snake management plan have been prepared and
are included in the EIS.
This petition was heard by the Environmental Advisory Council (EAC) on April 4, 2007. The
recommendation fi'om the EAC is provided later in this report. The stafT repo11 prepared by
Environmental statIto that body is attached as Exhibit D.
TrWls!>ortat;ol1 Review: Transportation Department staff has reviewed the petItron and the CPUD
document and Master Plan for right-oj~way and access issues. As noted in the GMP analysis,
Transp0l1ation Planning staff recommends that this project be found inconsistent with the GMP unless
an interconnection to the west is provided.
The Board of County Commissioners, in other petitions located proximate to the Immokalee Road/I-75
interchange, has asked to be provided with a status report of that interchange improvement time table.
At this time, no til111 date for the completion of planned 1-75 interchange improvements has been
provided to County Transp0l1ation Planning staff Interchangc improvements are incorporated into the
widening ofI-75, and the budget and timeline for the project are controlled by Florida Depar1ment of
Transp0l1ation (FOOT).
Utilitv Review: This project is located within the Collier County Water-Sewer District Boundary. Any
portions of this CPUD to be developed would be required to comply with Ordinance 2004-31, as it may
be amended. The project is subject to the conditions associated with a Water and Sewer Availability
Letter from the Collier County Utilities Division at the time SOP. According to Collier County
Gaspar Station PUD, PUDZ-2006-AR-10698 Staff Report
May 3, 2007 CCPC
Page 5 of 12
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Agenda Item I~o. 88
June 12, 2007
Page 14 of 123
Graphic Information System (GIS) information, a 20-inch water transmission main is located along
Immokalee Road, as is a 20-inch sewer transmission main.
Emerzencv Manazement: The Emergency Management Department has no issues with this CPUD.
The Gaspar Station CPUD is located in a CAT 3 hurricane surge zone and requires evacuation during
some hurricane events.
Zoning Review: As illustrated in the aerial photograph located on a previous page of the staff report,
the surrounding zoning discussion of this staff report, and the Master Plan, the site is bordered by Juliet
Boulevard on the east, then a Wal-Mart superstore; on the north by Immokalee Road, then a residential
component of the Carlton Lakes project; to the west by two, approximately nine-acre, undeveloped
agriculturally zoned tracts controlled by one owner; and to the south by lands within Livingston Lakes
PUD, a residential project.
The project's location within the GMP FLUE/FLUM Urban Commercial District, Interchange Activity
Center Subdistrict, Activity Center #4 allows "the full array of commercial uses, residential and non-
residential uses, institutional uses, hotel/motel uses . . . and industrial uses [limited] . .. in the
southwest quadrant. . . of Interchange Activity Center #4." Mixed Use Activity Centers, (a category
that includes Interchange Activity Centers) are ". . . designed to concentrate almost all new commercial
zoning in locations where traffic impacts can readily be accommodated, to avoid strip and disorganized
patterns of commercial development and to create focal points within the community." Commerical
uses at this site are appropriate. Given the smaller size of the parcel, thc development intensity will be
limited to some extent by LDC requiremcnts such as water management, parking, open space/preserve
and buffering requirements. However, an interconnection to the west is an integral element to the
Activity Center's smooth operation. As noted above, Activity Centers were established "to avoid strip
and disorganized patterns." Activity Centers are designed to provide commercial services to support
the surrounding residential areas, which should occur with the proposed CPUD. The residential
projects along the south side of lmmokalee Road could benefit from the proximity of the commercial
services this CrUD will provide, and those residential projects should be afforded the safest access to
the site, which, in staffs opinion, would be an interconnection to the west.
Zoning staff believes the interconnection to thc west should be provided on the Master Plan in
compliance with LDC Section 4.07.02 J.4--Design Standards for Planning Unit Developments, which
states:
The interconnection of collector and local streets within the PUD to adjacent lands or
developments shall be required except where determined by the County Manager or designee
that an interconnection is not feasible or warranted due to existing development patterns,
transportation network needs, or the like.
At the zoning stage, a notation on the Master Plan and a commitment in the CPUD document are all
that needs to be provided. The actual configuration or location of the interconnection need not be
detennined. It is important to maintain the intcgrity and capacity of Immokalee Road by combining
access points and dirccting traffic to signals when possiblc. I f the Gaspar Station project provides an
interconnection to the west, the traffic from the westcrly tract could then access the signal at
Julict/Strand Boulevard and Immokalee Road as shown on the next page.
Gaspar Station PUD, PUDZ-2006-AR-1 0698 Staff Report
May 3. 2007 CCPC
Page 6 of 12
,~genda Item No. ,38
.Julle 12, 2007
P3ge 15 of 123
Currently there are two, approximately nine-acre tracts under common ownership located to the west of
the Gaspar Station CPUD. The parcels are zoned Agricultural, however given the parcels' Urban
Residential FLUM designation, it is not likely that agricultural uses will be pursued in the future. In all
likelihood, the tracts will be the subject of a rezoning to either RPUD or a conventional residential
zoning district. The parcels on the west of the two nine acre tracts are already zoned and devcloped
with multi-family dwelling units in the Eboli PUD (Ordinance 97-23) at a density of8.92 units per acre
and the April Circle PUD (Ordinance 89-76) at a density of 12.84 units per acre. Thus it is reasonable
to assume that thc two, nine-acre tracts will ultimately seek rezoning to allow similar uses.
The Eboli PUD was required to provide an access easemcnt along the lmmokalee Road frontage for the
nine-acre parcel to the east of the Eboli PUD. A copy of the Mastcr Plan for Eboli PUD is attached as
Exhibit "E." The access eascment has bccn rccorded and is provided as Exhibit "F." That nine-acre
tract is the westemmost half of the two, nine-acre tracts abutting the Gaspar Station CPUD. The aerial
photo on the previous page shows the Eboli PUD interconnection. The aerial photo shows how the
interconnections through the two, nine-acre tracts could interconncct through the Gaspar Station CPUD
to gain access to the traffic signal at Juliet Boulevard. Staff believes it is more appropriate to provide
residents living along the south side of lmmokalee Road between this project and Livingston Road an
opportunity to access the commcrcial uses within the Gaspar Station project without requiring vehicles
to go onto lmmokalce Road only to make a right tum within a Sh0l1 distance. Vehicles accessing
Immokalee Road then immediately tuming right could cause confusion for dlivers of following
vehicles as such a quick tum again might be unexpected. A westerly interconnection would be safer
and preserve the traffic volume on lmmokalee Road for longer destination trips.
The petitioner's letters (cited previously and included in the application materials) contend that, "The
comprehensive plan guidance that encourages interconnections (of local streets) has already been
accomplished through the joint participation of f,'ur PUD developments." Staff assumes the reference
made is related to the interconnections shown on the Master Plan for the Donovan Center PUD and the
Gaspar Slation PUD, PUDZ-2006-AR-l0698 Staff Report
May 3, 2007 CCPC
Page 7 of 12
r
,1\genda Item No. 88
June 12 2007
Page 16 of 123
Livingston Lakes PUD for Juliet Boulevard. While staff understands the petitioner's position, the fact
that interconnections have been provided to the east do not obviate the need to provide interconnections
to the west.
The petitioner also asserts that an interconnection to the west should not be provided because it ". . .
would be financially and fimctionally damaging to the site plan, in that land would be lost to the
reservation of a roadway R/W (whether ever built or not) that would otherwise be available for the
intended use. T1>e site has already lost valuable land as a direct result of the expansion of Jmmokalee
Road (twice) and to the joint access roadway." The participation in access improvements to serve this
project and the neighboring projects were development commitments agreed to by the petitioner as part
of the Stiles PUD rezoning (See Ordinance 97-74, Section PUD 4.6). That PUD was not developed
within the time allotted; therefore, Immokalee Road has been widened twice since that PUD was
approved in 1997. Furthermore, the petitioner did not develop the Stiles PUD within the timeframe
allotted in the LDC, thus that PUD sunsetted. Because the project's approval date exceeded 10 years,
(the Stiles PUD was originally rezoned to PUD in Ordinance 86-58). The project was required to
submit an entirely new rezoning petition, thence subjecting the project to further scrutiny in compliance
with today' s regulations.
Ordinance 86-58 also included development commitments and project descriptions indicating (PUD
Section 4.01.C.2) "The developer (of the Stiles PUD) would make fair contributions toward the capital
cost of a traffic signal at the project entrance when deemed warranted by the County Engineer." The
PUD language "highly recommended" that the developer provide an extension of the median opening
on Immokalee Road serving Regency Village, which is now known as the Pelican Strand PUD. In
Section 4.0l.E of Ordinance 86-58, the following is stated: "To comply with the intent of the
Comprehensive Plan, the petitioner agrees to meet the following criteria: . . . 2) To provide an
integrated site plan which provides for integrated development of the parcel and its relationship to
sUlTounding land.. . .." In staffs opinion, it is inappropriate for the petitioner to argue that previous
commitments obviate the need to comply with current standards.
The petitioner has recorded a document entitled, "Declaration of Covenants, Conditions, Easements
and Restrictions" has been recorded in the official records of Collier County that states: "Southern
Strand Boulevard [now known as Juliet Boulevard] shall remain private and shall not be dedicated to
public use. Use of Southern Strand Boulevard shall be limited to use by the Stiles PUD, Donovan PUD
and Breezewood PUD, and Southern Strand Blvd. shall not interconnect, either directly or indirectly to
any external road other than Immokalee Road." The applicant asserts that he therefore, cannot
interconnect to the propeliy to the wcst because to do so would be in violation of the declaration.
Statf believes it is appropriate to require the interconnection to the west and has included that as a
stipulation of approval, recommending that the project be deemed inconsistent with the GMP and not in
compliance with the LDC unless the interconnection is provided. Staff does not believe the petitioner
has proven "that an interconnection is not feasible or warranted due to existing devclopmen/ patterns.
trallSj7ortation network needs" in compliance with LDC Section 4.07.02 JA--Design Standards for
Planning Unit Developments.
The development standards contained in Section III of the CPUD document retlect a design approach
similar to what was approved in 1997, except the petitioner has added setbacks to the preserve areas
and showed the location of the preserves on the Master Plan.
Gaspar Station PUD, PUDZ-2006-AR-l0698 Staff Report
May 3. 2007 CCPC
Page 8 of 12
Agenda Item I'Jo SB
,JL;ne 12, 2007
Page 17 of 123
FLUE Policy 5.4 requires new land uses to be compatible with the surrounding area. Zoning and Land
Development Review staff reviews for compliance with this requirement as part of the review of the
petition in its entirety. The typical compatibility analysis would include a review of both the subject
proposal and surrounding or nearby properties as to allowed use intensities and densities, development
standards (building heights, setbacks, landscape buffers, etc.), building mass, building location and
orientation, architectural features, amount and type of open space and location, traffic
generation/attraction~ etc.
The adjacent tract to the east is developed as a Wal-Mart superstore; the parcel to the south (outside the
Interchange Activity Center) is developing with residential uses (Livingston Lakes PUD); the parcels to
the west, as noted above are agriculturally zoned and undeveloped at this time but within an Urban
GMP FLUM designation; to the north is Immokalee Road and then residential uses within two PUD-
zoned projects. The preserve area shown on the Master Plan for Gaspar Station will "buffer" the
commercial uses of Gaspar Station from the residential uses within Livingston Lakes PUD. The
preserve area has been shown at this location to coincide with the preserve area provided on the
Livingston Lakes PUD.
The Stiles PUD preserve area location was a disputed issue during the review of an application to
extend the PUD (PUDEX-2004-AR-5296). Staff advised the petitioner's agent that staff would not
support a request for an extension, believing that an extension would not be appropliate because the
PUD and its Master Plan would not be in compliance with LDC Section 10.02.] 3.D.6.b.i. and ii. that
state:
Approval o( WI extcnsion shall bc based on thc fiJlhming:
i. 17,C PUD and thc mastcr plan is consistcnt lIith thc currcnt growth managcmcnt plan
including, hut 1lOt limited to, dCI1.\'iry', intcl1si(V and concurrency rcquircmcnt.v:
ii. 771C approved dcvelopmcn/ has not hecomc incompatihle with cxisting and propused uses
ill the surrounding urea as the result (~l dCl'e!opmcnl apprrJl'als issued subsequent to the
original approval (!('lhe PUD ::ol1ing:.
Current environmental standards would require the preserve areas to be depicted on the Master Plan.
Such was not case when the PUD was approved. Additionally, the Master Plan approved with
Ordinance 97-74 indicated that the land to the south was zoned agriculturally and was undeveloped.
Livingston Lakes PUD was rezoned from that agricultural zoning district to PUD in Ordinance 99-] 8
on February 23, 1999 to allow for a maximum of 327 multifamily dwelling units. Staff was concerned
about the compatibility of the two projects. Additionally, Livingston Lakes PUD Master Plan shows a
preserve area abutting the Stiles PUD. CUlTent LDC standards require preservation areas to be set aside
in a contiguous fashion when possible. The Stiles PUD Master Plan did not accommodate that
standard. That PUD extension request was deemed withdrawn by stafT due to inactivity.
The Master Plan, showing the required preserve area eontiguous to the preserve area of the Livingston
Lakes PUD, resolves staffs concerns about the residential and commercial incompatibility. Therefore,
staff believes the proposed use is compatible with the neighborhood and thus consistent with GMP
Policy 5.4.
NEIGHBORHOOD INFORMATION MEETING (NIM):
The agent/applicant duly noticed and held the required NlM on January 3 I, 2007 at the North Naples
Regional Park, Room A-3 at 5:30 p.m. The applicant's team and county staff were present and
Gaspar Station PUD, PUDZ-2006-AR-l069S Staff Report
May 3, 2007 CCPC
Page 9 of 12
r
Agenda Item No. 86
June 12, 2007
Page 18 of 123
initially, one person from the public attended. At approximately 5:50 p.m., two neighboring property
owners who identified themselves as "Strand" residents, walked in and began to comment and ask
questions of the agent(s), saying "You're ruining our property values. We don't want Target, we don't
want Wal-Mart, we don't want a Burger King; we don't want a gas station". Mrs. Rochelle Dowling
said she "opposes more commercial" and another comment was made, "More commercial will add to
the failing of Immokalee Road". Another resident asked questions relative to traffic impacts and
planning for the Wal-Mart store, to which Jeff Peny responded, "(there is) no substantial change to
traffic impacts as it relates to this petition". Project planner for the county, Kay Deselem, invited the
neighboring property owners to her office to discuss the transportation (traffic) review on the petition.
It was also stated by Mr. Peny that the current operating level ofImmokalee Road is at "D". Mr. Bruce
Anderson said that there are "no changes to the permitted use(s) in the PUD and development standards
will be brought up to current county codes". It was also stated that "no retail building would be more
than 35 feet in height" and there is a "60 feet height limitation on hotel uses". After further
conversation, a neighboring property owners said, "I'm not opposed to a nice upscale restaurant or
office building. Please be sensitive to beauty, to enhance the appearance of North Naples." Several
comments were also made regarding the need for children's playgrounds in developments. Ms.
Deselem explained that "playgrounds" are not required by county code in individual developments.
Mr. Craig Timmons, identifying himself as a realtor representing the land owner, responded to a
question regarding tenants by saying, "there are no leases at this time". The meeting concluded at
approximately 7:00 p.m. Synopsis provided by Linda Bedtelyon, Community Planning Coordinator
ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION:
The Environmental Advisory Commission (EAC) heard this petition on April 4, 2007, and voted
unanimously to approve it with the following stipulation: The lake shape and final size will be
detennined at the site development plan stage; however the lake must remain adjacent to the preserve
area.
RECOMMENDATION:
Zoning and Land Development Review staff recommends that the Collier County Planning
Commission (CCPC) forward Petition PUDZ-2006-AR-10698 to the Board of County Commissioners
(BeC) with a recommendation of approval of the rezoning request subject to the following stipulations:
I. The petitioner must revise the Master Plan to show an interconnection to the west will he
provided; and
2. The jhllOl,ing language shall he inserted into the developer commitments section of the
PUD document;
lhis project shall provide an interconnec/ion to the west. The developer or assigns of this
project shall ensure that the interconnection can he utilized and, fitrthermore, the developer
shall accommodate the petl'etualuse of such access hy incOllJ()rating appropriate language
into the development covenants or plats. The jinal configuration and location of the
interconnection shall he determined hy Collier County Transportation staff prior to the
issuance of any development approval on this site.
Gaspar Station PUD, PUDZ-2006-AR-l 0698 Staff Report
May 3, 2007 CCPC
Page 10 of 12
Aoenda Item No. 88
.. June 12. 2007
Page 19 of 123
PREPARED BY:
KAY DESELEM, AICP, PRINCIPAL PLANNER
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
DATE
REVIEWED BY:
MARJORIE M. STUDENT-STIRLING
ASSISTANT COUNTY ATTORNEY
DATE
RA YMOND V. BELLOWS, ZONING MANAGER
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
DATE
SUSAN MURRAY, AICP, DIRECTOR
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
DATE
APPROVED BY:
JOSEPH K. SCHMITT ADMINISTRATOR DATE
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
Tentatively scheduled for the June 12, 2006 Board of County Commissioners Meeting
Gaspar Station PUD. PUDZ-2006-AR-l0698 Staff Report
May 3, 2007 CCPC
Page 11 of 12
l'
Agenda Item No. 88
June 12. 2007
Page 20 of 123
COLLIER COUNTY PLANNING COMMISSION:
MARK P. STRAIN, CHAIRMAN
DATE
Exhibits: A. Rezone Findings
B. PUD Findings
C. Comprehensive Planning Memo, dated December 4, 2006
D. EAC Staff Report
E. Eboli PUD Master Plan
F. Access Easement
Gaspar Station PUD. PUDZ-2006-AR-10698 Staff Report
May 3, 2007 CCPC
Page 120f12
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Agenda Item No. 88
June 12. 2007
Page 22 of 123
Exhibit A
REZONE FINDINGS
PETITION PUDZ-2006-AR-10698
Chapter IO.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 clements 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 if
staffs stipulations are incorporated into the approval recommendation.
Con: If staffs recommended stipulations are not included, tramc circulation on lmmokalee
Road could be unnecessarily compromised.
Findings: Based upon staff's recommendation with stipulations, 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 explanation of the request in the staff report and the location and zoning map that is
attached to the staff report show the proposed rezoning is a reiteration of two previous rezoning
approvals for the same parcel to allow the same uses.
Con: None.
Finding: Staffbclieves the proposed rezone is a logical and appropriate recommendation.
3. The possible creation of an isolated district unrelated to adjacent and nearby districts.
Pro/Con: Evaluation not applicable.
Findings: Staff believes the proposed rezoning is a reiteration of two previous rezoning
approvals for the same parcel to allow the same uses thus approval is an appropriate action.
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 discussed in Items 3 and 4 above.
Page 1 of 5
1\gencJa item !'-Jo. 88
June 12 2007
Page 23 of 123
5. Whether changed or changing conditions make the passage of the proposed land use
change necessary.
Pro: The proposed change is neecssary bccausc LDC Section I O.02.13.D. 7 does not allow the
County to accept applications for development order approvals until the zoning is "updated."
Additionally, the petitioner has updated the Master Plan to show the required preserve area
contiguous to the preserve area in the neighboring Livingston Lakes PUD project.
Con: The perceived higher intensity versus undeveloped land may not coincide with the nearby
property owners' perception of the area's potcntial development.
Findings: The proposed zoning changc is appropliate 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 cun-ent land use policies in the FLUE support the proposed action and the
proposed use is not contrary to the cun-ent land use policies if staffs stipulations are included
in any approval recommendation. The proposed amendment should not adversely influence
living conditions because the use proposed are consistent with the uses proposed for
Interchange Activity Centers.
Con: The perceived higher intensity versus undeveloped land may not coincide with the nearby
propeliy owners' perception of the area's potential development.
Findings: The proposed change should not adversely influence living conditions in the
neighborhood because the preserve area's location will help buffer the only adjacent residential
uses.
7, Whether the proposed changc will create or cxcessively incrcase traffic congestion or
creatc typcs of traffic deemcd incompatible with surrounding land uscs because of pcak
volumcs or projectcd types of vehicular traffic, ineluding activity during construction
phases of thc development, or otherwise affect public safety.
Pro: Development of the subject property is consistent with provisions of the Transportation
Element of the GMP and the trips are vested according to Transportation Planning staff (refer
to the discussion in the staff report. The trips werc vested as part of the Stiles PUD zoning.
However Transportation Planning statf notes that although this PUD is considcred vested by
TranspOliation Planning staff, the PUD remains subject to operational analysis at the time of
subsequent developmcnt order application. Staff has included stipulations to require this
project to provide an interconnection to the west: if stairs stipulation is adopted as paIi of any
approval recommendation, this project should not create types of traffic deemed incompatible
with sun'ounding land uses and it should not atfeet the public safety.
Exhibit A
REZONE FINDINGS
PETITION PUDZ-2006-AR-10698
Page 2 of 5
r
.Agenda Item No. 88
June 12. 2007
Page 24 of 123
Con: The perceived higher intensity versus undeveloped land may not coincide with the nearby
property owners' perception of the area's potential development.
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 aiready 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: The proposed development standards will ensure that adequate light and air is allowed to
adjacent properties.
Con: None.
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 designcd 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/Con: Evaluation not applicable.
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 mayor
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.
Exhibit A
REZONE FINDINGS
PETITION PUDZ-2006-AR-10698
Page 3 of 5
/-\genda Item ~'Jo. 88
June "12. 2007
Pade 25 of 123
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/Con: Evaluation not applicable.
Findings: The proposed development complies with the Growth Management Plan (as
stipulated by staft), 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 detennined to be a
public welfare relationship because actions consistent with plans are in the public interest.
13. Whether there are substantial reasous why the property cannot be used in accordance
with existing zoning.
Pro: The proposed change is necessary because LOC Section 10.02.13.0.7 docs not allow the
County to accept applications for development order approvals until the zoning is "updated."
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 gamer 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 rezoning request proposes changes that are within the scale of the needs
of the neighborhood and County.
Con: None.
Findings: The proposed development complies with the Growth Management Plan (as
stipulated), 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.
1 S. Whether it is impossible to find other adequate sites in the County for the proposed use in
districts already permitting such use.
Exhibit A
REZONE FINDINGS
PETITION PUDZ-2006-AR-10698
Page 4 of 5
r
Agenda Item I~o. 8B
.June 12. 2007
Page 26 of 123
Pro/Con: Evaluation not applicable.
Findings: Because the petitioner is seeking update a sunsetled PUD, this analysis IS not
germane to 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: None perceived.
Con: The subject property in this PUD rezoning is undeveloped at this time.
Findings: Any development of this site would require considerable site alteration with the
proposed use of this portion of the site.
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 tinal determination whether this project
meets the full requirements of adequate public facilities specifications will be detem1ined as
pmi of the development approval process.
Exhibit A
REZONE FINDINGS
PETITION PUDZ-2006-AR-10698
Page 5 of 5
Exhibit B
PUD FINDINGS
PUDZ.2006.AR-10698
,Ll,geneia item f\Jo. 83
June 12.2007
Page 27 of 123
Section] 0.02. I 3.8.5 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 complianee with the following eriteria:
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,
scwer, water, and other utilities.
Pro: The nearby area is developed or is approved for development of a similar nature. The
petitioner will be required to eomply with all county regulations regarding drainage, sewer,
water and other utilities.
Con: None.
Finding: The stipulations included in the PUD document adequately address the impacts
/Tom the proposed amendment.
2. Adequacy of evidence of unified control and suitability of any proposed agrecments,
contracts, or other instrumcnts, or for amcndments in those proposed, particularly as
they may relate to arrangements or provisions to be made for the continuing opcration
and maintcnance of such areas and facilities that are not to be provided or maintaincd
at public expense.
Pro/Con: Evaluation not applicable.
Findint:: Documents suhmitted with the 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 Planncd Unit Development with the goals, objectives, and
policics of the Growth Management Plan (GMP).
Pro: County staff has reviewed this petition and has offered an analysis (see staff repOli) of
the relevant goals, ohjectives and policies of the GMP offering a recommendation that this
petition be found consistent with the overall GMP with the stipulations recommended by
staff
Con: Staffs analysis is subjective. Many of the goals, objective and policies do no have
quantative means to measure compliance. The GMP TranspOliation Element Policies 5.] and
9.3 contain measurable components: however, FLUE Policy 5.4 does not. Compatibility is
more subjcctivc.
Findint:: StatT has recommended that the subject petition has been found consistent with the
goals, objectives and policies of the GMP with stairs stipulations as provided for in the
adopting ordinance. Please see the staff report for a more detailed discussion.
Page 1 of 3
r
Agenda Item No. 83
June 12. 2007
Page 28 of 123
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 development standards, landscaping and buffering requirements are
designed to make the proposed residential uses compatible with the adjacent residential uses.
Con: None.
Finding: Staff analysis as contained in the staff report indicates that this petltIon 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 conculTency requirements docs 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 conculTency management regulations
when development approvals are sought.
7. The ability of the subject property and of surrounding areas to accommodate
expansion.
Pro: County Transportation Planning staff has determined that the proposed amendment is
consistent with the GMP Transportation Element requirements addressing roadway concerns
if staffs stipulations are included in any recommendation of approval.
Con: None.
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 propeJly has the ability to suppOJl 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.
PUD FINDINGS
PUDZ-2006-AR-10698
Exhibit B
Page 2 of 3
!l,cenda item ~'Jo. 88
-' June 12_ 2007
Page 29 of 123
8. Conformity with PUD regulations, or as to desirable modifications of such regulations
in the particular ease, 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: 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 and the petitioner is not seeking any
deviations.
PUD FINDINGS
PUDZ-2006-AR-10698
Exhibit B
Page 3 of 3
1"
.Agenda Item No. 8B
June 12. 2007
Page 30 of 123
c:::.o~:'-y c:::.o'U:nty
-.- a.._
Memorandum
To:
Kay Deselem, AICP, Principal Planner, Zoning and Land Development Review
From:
Sue Trone, Planner, Comprehensive Planning
Date:
December 4, 2006
Subject:
Future Land Use Element (FLUE) Consistency Review
PETITION NUMBER: PUDA-2006-AR-I0698
PETITION NAME: Gaspar Station PUD
LOCATION: The subject site is located in Section 30, Township 48 South, Range 26 East, Collier
County, Florida. It takes up 17.7010 acres ofland. The project site is on the south side oflmmokalee
Road and is approximately one quarter mile west of the 1-75/Immokalee Road intersection. The
project has indirect access onto Immokalee Road via an existing entry road (.I uliet Boulevard) with a
median opening that aligns with the approved Strand PUD to the north.
REQUEST: The project is currently zoned PUD as a planned interchange commercial center which
includes a mixture of interchange-oriented commercial facilities, predominantly including restaurants,
various types ofretail (e.g. clothing stores, home supplies stores, hardware stores, and grocery stores),
and office uses (e.g. real estate, law offices, veterinary offices, and business services). Additionally
the project includes land uses to accommodate stonn water management, lakes and buffer areas. The
petitioner is requesting to develop this PUD for general commercial uses and to rename the PUD to
Gaspar Station.
COMPREHENSIVE PLANNING COMMENTS: The subject property is designated Urban
Commercial District, Interchange Activity Center Subdistrict, Activity Center #4, as identified on the
Future Land Use Map of the Growth Management Plan. It is located within the Northwest
Transportation Concurrency Management Area (TCMA). The County has confirmed that the level of
service criteria for the Northwest TCMA in the LDC arc being met; however, Comprehensive Planning
statf defers to Transportation Planning staff for a more detailed review.
The Future Land Use Element (FLUE) of the Growth Management Plan (GMP) dedicates roughly a
page and a half to guidelines for Interchange Activity Centers (pages 44-45). Comprehensive Planning
comments are primarily limited to the factors for consideration dming review of rezone petitions as
enumerated by a bulleted list on page 41. I of the FLUE. Text from the FLUE is represented below in
italics and staff comments follow in bold.
1. Rezones within Mixed U,e Activity Centers are encouraged to he in the form of a Planned Unit
Development. There shall he no minimum acreage limitation,fin- such Planned Unit
1
Exhibit C
,qqenda item No. 88
~ June 12.2007
P8~le 31 of 123
Developmei1lS except all requestsfiw rconing must meet the requirements fin' rconing in the
Land Development Code.
The rezone is a PUD to PUD at 17.7010 acres, This is consistent.
2. l71e amount, (vpe and location of existing ~oned commercial land, and developed commercial
uses, within the Mixed use Activity Center and \lithin two road miles of the }.1ixed U,e Activity
Center.
This information is not required; existing approved commercial uses are consistent with
proposcd commercial uses.
3. Market demand and service area fin' the proposed commercial land uses to be used as a guide
10 explore the feasibility of the requested land uses,
A markct-demand is not requircd becausc commercial uses proposed are generally consistent
with approved commercial uscs.
4. Existing patterns o!'land use Itithin the Mixed U,e Actil'itv Center and within two radial miles.
Within the Proiect Site: Currently the area is vacant but it has been zoned for commercial uses.
Adiacent to the Project Site in the Southwest Ouadrant of the Activitv Centcr: there are parcels
with various zoning designations:
To the east of the subject site but within thc Interchange Activity Center is the
Donavan Ccntcr PUD containing 250,000 square feet of commercial uses and 140
multi-family units.
Outside the Interchange Activity Centcr but within two radial miles to the west of the
subject site is a parcel zoned Agricultural which is vacant. Given this land's
proximity to 1-17 and its nrban designation it is very likely that this land will be
rezoned and developed. \Vhile it is not possible now to know how this adjacent parcel
will be developed the petitioner may want to take into consideration various
possibilities when planning the buffer between the parccls.
Ontside the Interchange Activity Centcr but within two radial miles to the south of the
subject sitc is the Livingston Lakes PLD with 327 multi-family units.
In the Remainder of the Activitv Center: are the following developmcnts with respective uses
and zoning designations:
In the Northwest Quadrant is the Pelican Strand PUD, Total area: 574.56 acres;
200,000 square foot commercial; 237 single-family units; 804 multi-family units;
187.3 acres golf course.
In the Northeast Quadrant is Northbrooke Plaza PUD. Total area: 39.90 acres;
270,000 square foot commercial; 120 singe-family units; 130 mobile home.
In the Southeast Quadrant is the Malibu Lake PUD with 178.6 acres for Mixed
Use.
Within two radial miles of the Proiect Site and Outside the Activitv Center: zoning designations
can be found as noted below.
Agricultural (841 acres)
Commercial (45 acres)
Estates (1,255)
2
Exhibit C
r
Agenda Item I~o. 3B
June 12.2007
Page 32 of 123
Golf Course (618 acres)
Mixed Use PUD (178 acres)
PUD (8575 acres)
Residential Multi-Family (147 acres)
RPUD (51 acres)
Residential Single-Family (2,055 acres)
Residential Tourist (2 acres)
5. Adequacy of inji-astructure capaciiy, particularly roads.
According to the Transportation Impact Statement, all roadways within the project's area of
influence are currently operating at acceptable levels of service and are expected to operate at
acceptable levels of service through build out of the project (2008). Further, the project appears
to have no significant impact on any County or State roads. Comprehensive Planning Staff
defers to Transportation Planning Staff for a finding of project consistency with regard to these
measures.
Water distribution and sewage collection and transmission and related facilities are to be
designed, constructed, conveyed, owned and maintained by Collier County. Comprehensive
Planning Staff defers to Utilities for a finding of projcct consistency with regard to these
measures.
6. Compatibiliiy of the proposed development with. and adequacy of buffering for, adjoining
properties.
The purposes of the planned development fall into the full array of commercial uses (this
includes SIC 6552 which Ray Bellows, Zoning Manager, has revicwed and found to be consistent
with commercial zoning, documented in an em ail dated Dccember 4, 2006.).
7. Natural or man-made constraints.
Based on observation of the subject site from aerial photographs, the site has not been clearcd;
there appcar to be no natural or man-made constraints.
8. Rezoning criteria identified in the Land Developmen/ Code.
This is provided for in the PUD rezone application. Further, these criteria will be reviewed by
the Zoning and Land Development Review staff.
9. Conformance H.;t!l Access Management Plan provisions for Mixed Use Activity Centers
contained in the Land Development Code.
This is provided for on the PUD Master Plan. Further, Transportation Planning staff will
review the project for conformance with this LDC provision.
10. Coordinated traffic flow on-site and off-site. as may he demonstrated by a Traffic Impact
Analvsis, and a site plan/ master plan indicating on-site traffic movements, access point
locations and type, median opening locations and type on the abutting roadway(.~), location of
traffic signals on the abutting roadway(.'}, and internal and external vehicular and pedestrian
interconnections.
3
Exhibit C
Agenda Item No. 88
June 12. 2007
Page ~U of 123
This is provided for in the Traffic Impact Statement and the PUD Master Plan. Comprehensive
Planning staff further defer to Transportation Planning staff for more detailed review.
11. Illtercollnectioll(,) for pedestrialls. hicl'cles alld motor pehicles with existing alldfitture
adjacellt projects.
The two access points to Juliet Boulevard allow vehicular access to adjacent commercial
activities. Construction of sidewalks east of the project site would provide convenient access for
pedestrians. Comprehensive Planning staff further defer to Transportation Planning staff for
more detailed review.
12. COllforl11ance with the architectural desigll stalldards as idelltified ill the Lalld Del'elopl11ellt
Code.
The Developer intends to establish project-wide guidelines and standards to ensure a high and
consistent level of quality for the proposed land uses. Uniform guidelines and standards will be
created for such features and facilities as landscaping, signage, lighting, roadway treatments,
fences, walls, buffers, and similar features as indicated in the PUD document, Section II, 2.S.C.
Comprehensive Planning staff defers to Zoning and Land Development Review staff for more
detailed review.
FLUE Objective 7 and associated Policies encourages shared access and project interconncctions. The
applicant is encouraged to implement appropriate Policies under this Objective that support smart
growth. including walkability and interconnections with adjoining properties. Namely, the addition of
sidewalks would enable pedestlian access to (and along) Juliet Boulevard.
FLUE Policy SA provides all rezoning must be compatible with thc GrO\vth Management Plan.
Comprehensive Planning leaves the determination of compatibility to the Zoning and Land
Development Review stalf as pati of their review of the petition in its totality.
REVIEW OF THE PUD MASTER PLAN AND pun DOCUMENT:
· Revise Paragraph 1 on page ii II'om reading "Interstate Activity Center Subdistrict" to
"Interchange Activity Center Subdistrict" in both instances and anywhere else where this term
may appear (it is cOITectly refcrenced on page I-I, I A.B.).
. A selection fi'ol11 Section I, lA.A. reads: "The project has direct access onto lmmokalee Road
via an existing entry road (Juliet Boulevard) with a median opening that aligns with the
approved Strand PUD to the north." Section V, 5.2.B. reads: "Access to all parcels fronting
Immokalee Road shall be from the main entrance road with no direct driveway access from
each parcel to Immokalee Road." Based on the first quote and the Master Plan it appears that
the "main entrance road" of the second quote is, in fact, Juliet Boulevard. Please clarify this
point and, if this "main entrance road" is some other road contact staff immediately.
. The project is located within the NOIihwest TranspOliation ConculTency Management Area
(TCMA). According to Policy 2.5 of the FLUE these areas are designated by the County to
"encourage compact urban development where an integrated and connected network of roads is
in place that provide multiple, viable altemative travel paths or modes for common trips"
4
Exhibit C
Agenda Item No. 8B
June 12, 2007
Page 34 of 123
(FLUE Policy 2.5, page 12.1). As such, Transportation Planning staff have devised levels of
service standards that, according to the Transportation Impact Statement (TIS), appear to have
been met at the time the TIS was written. FLUE Objectives 5 and 6 have implications for
projects in TCMAs to mitigate urban sprawl, protect environmentally sensitive lands and native
habitat, and promote adequate facilities - especially for transportation circulation. Address the
fact that this development is to occur in a TCMA and how you plan to address FLUE
Objectives 5 and 6 in the Statement of Compliance.
CONCLUSION: Based on the above analvsis the oroposed develooment o[the GASPAR STATION PUD is
consistent with the GMP.
On CD Plus
Cc: Randall Cohen, AICP, Comprehensive Planning Director
David Weeks, AlCP, Comprehensive Planning Manager
Susan Murray, AICP, Zoning and Land Development Review Director
Ray Bellows, Zoning and Land Development Review Manager
5
Exhibit C
,4:Jenda item ~Jo_ 88
- June 12, 2007
Page 35 of 123
Item Vr.A.
ENVIRONMENTAL ADVISORY COUNCIL
STAFF REPORT
MEETING OF April 4. 2007
I, NAME OF PETITIONER/PROJECT
Petition No.:
Petition Name:
Applicant/Developer:
Engineering Consultant:
Environmental Consultant:
PUDZ-2006-AR-J 0698
Gaspar Station PUD
A. GROVER MATHENEY
WILSONMILLER, INC.
WILSON MILLER, INC.
II. LOCA TION
The subject property, consisting of 17.7010 acres, is located on the south side of
Immokalee Road (CR 846), approximately one quruier mile west of the 1-
75/lmmokalee Road, interchange, in Section 30, Township 48 South, Range 26
East, Collier County, Florida.
III. DESCRIPTION OF SURROUNDING PROPERTIES
ZONING
DESCRIPTION
N - PUD
Immokalee Road then Carlton Lakes PUD, approved
at a density of 3.35 units per acre
S- PUD
Livingston Lakes, a developing residential project,
approved at 7 units per acre
E - PUD
Donovan Center PUD, developed as a Wal-Mart
superstore and Summer Lakes residential project,
approved at 6.64 units per acre
W - Agriculture
an undeveloped approximately nine acre tract
IV. PROJECT DESCRIPTION
The proposed CPUD, if approved, will allow for retail and service uses at a rate of
7.500 square feet per gross acre. otIice uses at a rate of 15,000 square feet per
gross acre and hotel/motel use at a rate of 26 units per gross acre. The PUD
Gaspar Station CPUD
PUDZ-2006-AR-10698
Exhibit D
,
EAC Meeting
Page 2 of7
Agenda Item No. 8B
June 12, 2007
Page 36 of 123
allows for a mix of Interchange
Management Plan [GMPJ).
Commercial (as described m the Growth
The project is bordered by Juliet Boulevard on the east, and a Wal-Mart; on the
north by Immokalee Road and Carlton Lakes; to the west by an approximately
nine-acre, undeveloped agriculturally zoned tract; and to the south by lands within
Livingston Lakes PUD, a residential project. The subject property is currently
undeveloped. The PUD document and the Master Plan indicate the project will
not have access directly to Immokalee Road; access to the site will be via Juliet
Boulevard.
V. GROWTH MANAGEMENT PLAN CONSISTENCY
A. Future Land Use Element
The subject property is designated Urban Commercial District, Interchange
Activity Center Subdistrict, and Activity Center #4, as identified on the Future
Land Use Map of the Growth Management Plan. It is located within the
Northwest Transportation Concurrency Management Area (TCMA). The County
has confirmed that the level of service criteria for the Northwest TCMA in the
LDC are being met; howcver, the final determination of concurrency will be done
during the site development plan process.
The Future Land Use Element (FLUE) of the Growth Management Plan (GMP)
provides guidelines for Interchange Activity Centers. Comprehensive Planning
staff analyzed those guidelines and believes this petition can be deemed consistent
with the guidelines for Interchange Activity.
B. Conservation & Coastal Manal!ement Element
Objective 2.2 of the Conservation and Coastal Management Elemcnt 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, stonnwatcr systems should be designed
in such a way that discharged water does not degrade recciving 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
interconnected dry detention areas and a wctland to provide water quality
retention and peak flow attenuation during storm events.
The Gaspar Station project will prescrve its required amount of native vegetation.
Gaspar Station CPUD
PUDZ-2006-AR-10698
Exhibit D
EAC Meeting
Page 3 of7
b,gencJa item t\;o. 88
June 12. 2007
Page 37 of 123
No submerged marine habitats are proposed for impact and the site is not
contiguous to natural reservations. Habitat management and exotic vegetation
removal/maintenance plans will be rcquired at site dcvelopment plan submittal
and have becn provided as part of the EIS. 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 proposed preserve arca is located along the southern boundary of the site
allowing for interconnection to the adjoining off-site preserve area located on the
Livingston Lakcs PUD. Littoral shclfplanting areas within the wet detention
pond shall be required at the time of Site Devclopment Plan submittal, and will be
required to meet the minimum planting area requirement in Policy 6.1.7.
Jurisdictional wetlands have been identified as rcquired by Policics 6.2.1 and
6.2.2.
In accordance with Policy 6.2.6, required prescrvation areas have been identificd
on the PUD Master Plan. Activities dctrimental to prescrve areas have been
excluded from the prescrve as required by the conservation easement. Use within
the preserve areas are in accordance with Policy 6.2.5(5)(d). Uscs within the
preserve areas shall not include any activity detrimcntal to drainage, flood
control, water conservation, crosion control, or fish and wildlife conservation, and
preservation.
The proposed project is not located within the Conservation Designation on the
Future Land Usc Map, the Big Cyprcss Area of Critical State Concern, the
Natural Resources Protection Area, Sending Lands, or Habitat Stewardship
Arcas.
A wildlife survcy for listed species in accordance with Policy 7.1.2 is
included in this EIS. No adverse impacts to potential listed spccies arc
anticipated to occur as a rcsult of thc proposed future development of Gaspar
Station PUD. Thcrefore, thc project is consistcnt with the Objectives and
Policies of Goal 7.
VI. MAJOR ISSUES
A. Storm water M3n3l!emcnt
Section 8.06.03 0.2. of the Collicr County Land Dcvelopment Code states "The
surface water management aspects of any petition, that is or will be rcviewed and
pcnnitted by South Florida Water Managemcnt District (SFWMD), arc exempt
from review by the EAC except to evaluate the cliteria for allowing treated
stonnwater to bc discharged into Preserves as allowed in Section 3.05.07."
Gaspar Station CPUD
PUDZ-2006-AR-10698
Exhibit D
EAC Meeting
Page 4 of7
Agenda Item No. 88
June 12, 2007
Page 38 of 123
County Staff could not find reference to a SFWMD permit for this site on the
SFWMD website, but due to the presence of wetlands on site, this petition will be
reviewed by SFWMD.
Gaspar Station is located within the Cocohatchee River Drainage Basin, which
has an allowable discharge rate of 0.04 cfs per acre per Ordinance 2001-27. The
Cocohatchee Basin has this low discharge rate, which is about a quarter of the
County's standard rate of 0.15 cfs per acre because the basin was analyzed many
years ago and was found to have had its capacity stressed, so the allowable
remaining capacity was divided an10ng the remaining parcels.
The stormwater management system consists of a 2.I-acre lake and the usual
perimeter berm and stormwater piping.. The system is designed to provide for
water quality retention and to attenuate the water quantity discharge. The
discharge will be to the north into the Cocohatchee Canal as per the Collier
County Drainage Atlas.
B. Environmental
1. Site Description
The subject property is approximately 17.7 acres in size. The Juliet Boulevard
easement accounts for approximately 1.4 acres, leaving] 6.3 acres of developable
property. Wetland areas consist of 0.4 acres of Cypress- Pine-Cabbage Palm,
Exotics 25-49% (FLUCFCS 624E2). There are approximately 14.25 acres of Pine
Flatwoods with Palmetto Understory, 0.70 acres Pine Flatwoods with Graminoid
Understory, (Exotics 25% to 49%), and 0.40 acres of Cypress-Pine-Cabbage Palm
(Exotics 25% to 49%).
2. Wetlands
There are approximately 0.4 acres of SFWMD jurisdictional wetlands on the site.
The SFWMD performed an informal wetland detcrmination on August 9, 2002. A
copy of the SFWMD infoffi1al jurisdictional wetland sign-off exhibit is included
with the EIS submittal (See Exhibit G).
Wetlands on the site are low quality in function and are proposed for impacts
by the proposed development. The prescnce oflmmokalee Road and
associated canal, ]-75 and surrounding development has altered the hydrology of
the site. The wetlands have also been impacted by varying levels of exotic plant
infestation of primarily melaleuca and Brazilian pepper.
3. Preservation ReQuirements
The site is approximately 17.7 acres in size and contains approximately 16.3 acres
of native vegetation. The Juliet Boulevard easement impacts].4 acres of habitat.
Fifteen percent (15%) of native vegetation on the site is required to be preserved.
Gaspar Station CPUD
PUDZ-2006-AR-10698
Exhibit D
EAC Meeting
Page 5 of7
Aoerida Item No. 8B
~ .June 12, 2007
Page 39 of 123
Therefore, approximately 2.4 acres of native vegetation are required to be
preserved on the site: (16.3 X . I 5 = 2.4). Approximately 1.7 acres of pine
flatwoods and 0.7 acres of pine flatwoods-graminoid understory will be preserved.
The preserve will connect to the Livingston Woods PUD preserve to the south.
4. Listed Species
Evidence of wildlife utilization on the site was minimal. The site is not currently
inhabited or utilized by endangered, threatened or species of special concern.
Wilson Miller ecologists have performed listed species surveys on the subject
property through the 1990's and early 2000's. In March and April 1993,
Wilson Miller ecologists performed a listed species survey and a red-cockaded
woodpecker (RCW) survey on the propeliy. Approximately 100 hours were
spent conducting the surveys and no listed species, RCWs or cavity trees were
observed on the site. On June 16 through July 9, 1999, WilsonMiller ecologists
perfonned a RCW nesting season survey on the subject propeliy. Approximately
40 hours were spent perf0t111ing the survey and no RCWs, cavity trees, or other
listed species were observed on the site.
In August 2002, October-November 2004 and February 13 through 17, 2006
WilsonMiller ecologists perfonned listed species surveys on the subject propeliy.
No listed wildlife species, RCW s, or cavity trees were observed on the site.
Another listed species survey was conducted by WilsonMiller in February 2006
and no listed species were found.
There is a potential for the Big Cypress fox squiITel and the Eastern Indigo snake
to utilize the site. A Big Cypress fox squirrcl management plan has been prepared
and is included with this submittal as Exhibit J of the EIS. An Eastet11 indigo
snake management plan has also been prepared and is included in this submittal as
Exhibit K of the EIS.
VII. RECOMMENDA nONS
StatT recommends approval of Gaspar Station PUDZ-2006-AR-l0698 with the
following stipulations:
Storm water Manal!ement and Environmental
1. A SFWMD ERP must be obtained prior to the next development order
approval.
PREPARED BY:
Gaspar Station CPUD
PUDZ-2006-AR-10698
Exhibit D
r
EAC Meeting
Page 6 of?
Agenda Item No. 88
June 12. 2007
Page 40 01123
STAN CHRZANOWSKI, P.E.
ENGINEERING REVIEW MANAGER
ENGINEERING SERVICES DEPARTMENT
DATE
SUMMER ARAQUE
ENVIRONMENTAL SPECIALIST
ENVIRONMENTAL SERVICES DEPARTMENT
DATE
KAY DESELEM, A. I. c.P.
PRINCIPAL PLANNER
DEPARTMENT OF ZONJNG AND LAND DEVELOPMENT REVJEW
DATE
REV1EWED BY:
Gaspar Station CPUD
PUDZ-2006-AR-10698
Exhibit D
EAC Meeting
Page 7 of7
Agenda Item No. 88
.June 12, 2007
Page 41 of 123
DATE
BARBARA S. BURGESON
PRINCIPAL ENVIRONMENTAL SPECIALIST
ENVIRONMENTAL SERVICES DEPARTMENT
WILLIAM D. LORENZ, Jr., P.E.
ENVIRONMENTAL SERVICES DEPARTMENT DIRECTOR
DATE
JEFF WRIGHT
ASSISTANT COUNTY ATTORNEY
OFFICE OF THE COLLIER COUNTY ATTORNEY
DATE
APPROVED BY:
JOSEPH K. SCHMITT DATE
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
ADMINISTIV\TOR
Gaspar Station CPUD
PUDZ-2006-AR-10698
Exhibit D
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Gaspar Station CPUD
PUDZ-2006-AR-10698
Exhibit E
Agenda Item No, 86
June 12, 2007
Page 42 oj 123
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PUDZ-2006-AR-10698
Exhibit F
- PROJECT: Immokalee Road Compensating Right of Way
PARCEL: Eboli PUD (Bermuda Palms, AR 3413)
Agenda Item No, 88
June 12, 2007
Po';;e ~3 of 123
ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT
THIS EASEMENT, is made and entered into this ~ day of A-.-... ,'- , 2004,
by BP Dovco, LLC, whose mailing address is 2190 J & C Blvd, Naples, Florida 34109
(hereinafter referred to as "Grantor"), and COLLIER COUNTY, a political subdivision of the
State of Florida, whose mailing address is 3301 Tamiaml Trail East, Naples, Florida 34112, its
successors and assigns (hereinafter referred to as mGranteelJ).
(Wherever u5ed herein the terms "Grantor" and "Grantee" include all the parties to this
Instrument and their respective heirs, legal representatives, successors and assigns. Grantor
and Grantee are used for singular or plural, as the context requires.)
WiTNESSETH:
Grantor, for and in considerallon of TEN DOLLARS ($10.00) and other valuabie
consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged,
hereby conveys, grants, bargains and sells unto the Grantee, a perpetual, non-exclusive
easement to enter upon and to install and maintain roadway, sidewalk, drainage and utility
structures and facilities on the following described lands located in Conler County, Florida, to
wit:
;;:
Sae attached Exhibit "A" which is
incorporated herein by reference.
Subject to easements, restrictions, and reservations of record,
Not Homestead Property
TO HAVE AND TO HOLD the same unlo the Grantee together with tl1e right to enter
upon said land, place. excavate, and remove materials for the purpose of Gonslrucling,
operating, and maintaining roadway, sidewalk, drainage and utility facilHies thereon. The
easement granted herein shall consl1lute an easement running with the land and shall burden
the lands described above,
IN WITNESS WHEREOF, the Grantor hes caused these presents to be executed the
date and year first above wrltlen.
WiTNESSES:
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STATE OF FLORiDA
COUNTY OF COLLIER
11~ ~ The fore..9oing instrument was acknowledged before me this d2E!!:: day of
n a5:!..:~/ ;'lrI~ t~, personally known~ or produced ~dentlfication .
Type of Identification produced: .-
.,;t;..:r;::ii>\ DWlE EDWARDS
[t{ !fflrltY:" ~ CC992538
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"IJ111..J6 EDtJlI'R.b.:5
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PUDZ-2006-AR-10698
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MAR-20-07 TUE 09:56 AM
1 516 922 Bget1ea Item No. 8e. 01
June 12, 2007
Page 46 of 123
TO THE COMMISSIONERS OF COLLIER COUNTY:
DONNA FIALA /
FRANK HALAS
TOM HENNING KAY DESELEM, PRINCIPAL PLANN~ V
FRED COYLE
JIM COLETTA
FROM: RITA EREDICS
DATE: MARCH ~3, 2007
RE: REZONING OF GASPAR STATION PUD (FORMERLY STILES PUD)
THE STRAND OFF IMMOKOLEE ROAD
OVERDEVELOPMENT ON THE GASPAR STATION OUD WILL CREATE THE EQUIVALENT
OF A BLOOD CLOT ON A MAJOR ARTERY. THE INTERSECTION OF JULIET BLVD
AND IMMOKOLEE ROAD IS ALREADY OVERBURENED BY WALMART TRAFFIC AND
THE SIX APARTMENT BUILDINGS KNOWN AS SUMMER LAKES. THERE ARE 20
MORE APARTMENT BUILDINGS UNDER CONSTRUCTION AT THAT SITE; TARGET
IS UNDER CONSTRUCTIO~ AND THE PICTURE FACTORY WILL SHORTLY OPEN.
IMMOKOLEE ROAD AND JULIET BLVD CANNOT ACCOMMODATE MORE HIGH-DENSITY
BUILDI~GS; THIS WILL EXASPERATE THE EXISTING TRAFFIC BUILDUP, NO
HOTEL SHOULD Bf ALLOWED ON THIS SITE, THE DESIGN Of IMMOKOLEE ROAD
AT THE INTERSECTION OF 1-75 PROJECTED THE SMOOTH FLOW OF TRAFFIC.
JULIET BLVD IS A NARROW STREET THAT IS ALREADY OVERBURENED AND THE
OVERDEVELOPMENT OF THE GASPAR STATION PUD WILL CLOG ANL iMPEDE THE
FLOW OF TRAFFIC.
PLEASE DO NOT RENEW THE COMMERCIAL ZONING UNTIL THE APPLICANT
PRESENTS WHAT IS PROPOSED ON THE SITE AND ITS PROPOSAL SHOUL) BE
LIMITED TO LOW-DENSITY USEAGE.
PLEASE NOTE: WE ARE CURRENTLY OBTAINING SIGNATURES ON OUR PETITTO~
REGARDING THIS MATTER AND THEY WILL BE FORWARDED TO YOU.
MAR-20-07 TUE 09:31 AM
1 516 922
31.. 1 0,-1 I;:>. Ps '" 1
i--\!-j8flu8 .Lm No. /j
, .June 12. 2007
Page::17 of 123
TO THE COMMISSIONERS OF COLLIER COUNTY:
DONNA FIALA
FRANK HALAS
TOM HENNING
FRED COYLE
JIM COLETTA
FROM: ROCHELLE DOWLING
KAY DESELEM, PRINCIPAL PLANNER
1/
RESIDENT OF THE STRAND OFF IMMOKOLEE ROAD
DATE: MARCH ;lb, 2007
RE: REZONING OF GASPAR STATION PUD (FORMERLY STILES PUD)
I AM A RESIDENT OF THE STRAND OFF IMMOKOLEE ROAD DIRECTLY ACROSS
FROM THE ABOVE-REFERENCED PROPERTY.
I UNDERSTAND ONE OF THE PROPOSED USES FOR THE PROPERTY CAN BE A SIX
STORY HOTEL. THIS IS MOST UNACCEPTABLE AS IT WOULD GENERATE TOO MUCH
TRAFFIC IN AN ALREADY CLOGGED ARE I.E. SUPER WALMART, SUPER TARGET
(YET TO BE BUILT) AND AT LEAST 20 APARTMENT BUILDINGS (MOST OF WHICH
ARE NOT COMPLETED NOR OCCUPIED YET) IN SUMMER LAKES DIRECTLY BEHIND
SUPER WALMART. ALSO, ANY BUILDING MORE THAN TWO STORIES ARE NOT IN
KEEPING WITH THE REST OF THE AREA"S ARCHITECTURE. WHEN ALL THE
AFORE-MENTIONED PROPERTIES ARE COMPLETED AND OCCUPIED, THE ALREADY
CLOGGED IMMOKOLEE ROAD AND ITS ACCESS TO 1-75 WILL BE IMPOSSIBLE TO
ACCESS. THIS WILL ALSO PRESENT A DANGER FOR EMERGENCY VEHICLES FOR
THE RESIDENTS OF THESE APARTMENTS AS JULIET BLVD. HAS JUST ONE WAY our
AND IN TO THE PROPERTY.
I BELIEVE THE LEAST INVASIVE USE FOR THIS PROPERTY WOULD BE A TWO OR
AT MOST THREE STORY OFFICE BUILDING. THIS WOULD GENERATE THE LEAST
IN-OUT TRAFFIC. ANY HIGH-DENSITY USEAGE WOULD IMPACT US AND OTHERS
VERY BADLY AS FAR AS OUR SAFETY, QUALITY OF LIFE AND VALUES OF OUR
PROPERTY, MANY PEOPLE IN OUR AREA CANNOT SELL THEIR PROPERTIES
BECAUSE OF WHAT WAS PUT THERE ALREADY IN WHAT WAS ONCE A LOVELY AREA.
I DO HOPE YOU, THE COMMISSIONERS, WHO ARE ELECTED TO PROTECT YOUR
RESIDENTS WILL ACT KINDLY AND WISELY ON THIS REZONING AND WILL NOT
REZONE WITHOUT THE OWNER BEING TOLD WHAT THEY CAN BUILD ON THIS
PROPERTY -- HOPEFULLY, A LOW DENSITY USE.
THANK YOU FOR YOUR KIND ATTENTION TO THIS MATTER. I KNOW YOU ALL
WANT TO PRESERVE THE BEAUTY, QUALITY OF LIFE WITHOUT INHIBITING
GRO~TH IN A PROPER WAY IN BEAUTIFUL NAPLES.
PLEASE NOTE: WE ARE CURRENTLY OBTAINING SIGNATURES ON OUR PETITION
REGARDING THIS MATTER AND THEY WILL BE FORWARDED TO YOU,
,
Agenda Item I~o, 88
June -,2 2007
Page 48 of 123
March 22, 2007
Ms. Kay Dcsclem AICP
Principal Planner
Dept. of Zoning and Land Div. Review
Collier County
RE: GASPAR STATION PUD (ALSO KNOI.JN AS STILES PUD)
Dear Ms. Deselem,
Attached are over 113 signatures on a petition to the given to
the County Co~nissioners at their hearing on the above property.
The residents of the Strand have signed this petition in opposition
to any change of zoning that would allow a six story hotel or any
six-story building or any other use that would increase traffic on
an already highly congested Immokolee Road. We have a super Walmart,
many apartments behind Walmart (the bulk of which are not occupied
as yet) along with a super Target not yet completed. The residents
are reeling from these buildings and once all is completed, just
these will saturate us.
We don't know why the owner wants to change its name, but if it
is to allow more dense use - IT SHOULD BE REFUSED. WE ARE SATURATED.
Our homes have lost its values and many residents are selling and
have been unable to. We resent our quality of life and our homes
being devalued to please absentee property owners, WE FEEL THE
RESPONSIBILITY OF THE COMMISSIONERS SHOULD BE TO ITS RESIDENTS.
A small two or three story office building would be a good use
for this property.
We look to our Commissioners to act in a responsible manner on
this zoning. We do not want to have to go further on this but
vie will.
Kindly present the petitions to the County at the appropriate
time.
WE all thank you for your kind
attention to this matter.
','! )v,
" j ,
i ,v
,
'.A
Most sincerely,
6f:J:,(k,. :Jd~Q
Rochelle Dowling
for the residents of
the Strand.
Attachments: 9
RECEIVED
:"~ 2 2
~p f' .'\' 1 -T } 0 )\1
PETITION TO COLLIER COUNTY' COMMISSIONERS REGARDING GASPAR STATTON prlD
~MERLY STILES PUD REGARDING PROPOSED REZONING AND USEAGE.
Wt; lHt; RESTDENTS-O~FF, 111MeK-e-J:;EE--IltViJ-0B-,JE€-T-'f0.,?l.NY.
ZONING OF THIS PROPERTY THAT WOULD PERMIT A SIX-STORY HOTEL OR
;'lI'1ILAR ];uIt1JtN~N THIS SITE. TUE INTERGECTION---el"=l{J-bI--E'f-BL-VD..AND...
IMMOKOLEE ROAD IS ALREADY TOO HIGHLY CONGESTED, OVERTRAFFICED AND
A1'l'N-llGEI USEAGE WOULD It1rED~-EH-ftrhE..s.------w-E-G-gJEGT...'I'O--
ANY REZONING WITHOUT THE ,OWNER DISCLOSING WHAT USEAGE OF THE PROPERTY
Agenda item !\Jo. 38
June 12, 2007
Pa)8 ~9 of 123
DATE
NAME
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Agenda Item No. 86
June 12, 2007
Page 50 of 123
PETITION TO COLLIER COUNTY COMMISSIONERS REGARDING GASPAR STATION PUD
WQRMERLY STILES PUD REGARDING PROPOSED REZONING AND USEAGE,
.-...---.---wE-TnE'"'R'ESTDENTS-OF'4'ItE-STItAN.D-e-F'~MOKOtEE-B'l:;VIl-0B,j_Ee_T--1'O--ANY" .., ... ..--
ZONING OF THIS PROPERTY THAT WOULD PERMIT A SIX-STORY HOTEL OR
_______._._S1MILAi\-B1J1J:nTN~N-Ttli..g--g-I'['E-;---'fHE--I:N'r-E-R-S-E&T-IO N-0F--JULl ET "BiND-AND...
IMMOKOLEE ROAD IS ALREADY TOO HIGHLY CONGESTED, OVERTRAFFICED AND
--'''--'---'''-A'NJ:tl~H-\jg'EAe-~Wo-l:ltl)-I:MPEf) E-EME;P;&EN€..y..-V-EH-rGhES~-WE-GBJ,ECT-1'O.-"'__"""
ANY REZONING WITHOUT THE OWNER DISCLOSING WHAT USEAGE OF THE PROPERTY,
- ._._-~-~--_..-,-~._---_._._---"
DATE NAME ADDRESS
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,l\.,g'::;nda item No. 8B
.June 12, 2007
Pa'd8 51 of 123
PF.TITIot~ TO COLLIER COUNTY COMMISSIONERS REGARDING GASPAR STATION PUD
WORMERLY STILES PUD REGARDING PROPOSED REZONING AND USEAGE.
-WE THE' RES IDENTS'OF'THE-STRA N D'OFF'IMMOK0LEF. BLVD OBJECT TO . ANY
ZONING OF THIS PROPERTY THAT WOULD PERMIT A SIX-STORY HOTEL OR
. _ SIMIl:AR" RUILDINC'0N4'HISS ITJ<.~--THE'INTERSECTlON OF JUB ET BLVD AND
IMMOKOLEE ROAD IS ALREADY TOO HIGHLY CONGESTED, OVERTRAFFICED AND
. .'ANY"HIGHUSEAGE"WOUI:D'IMPEDE" EMERGENCYYEHIGLF.S. WE-OBJECT TO
ANY REZONING WITHOUT THE OWNER DISCLOSING WHAT USEAGE OF THE PROPERTY.
NM1E
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Agenda Item No, 88
June 12, 2007
Page 52 of 123
PETITION TO COLLIER COUNTY COMMISSIONERS REGARDING GASPAR STATION PUD
waRMERLY STILES PUD REGARDING PROPOSED REZONING AND UStAGE.
'----------\iT~THE-.RESTD'ENTS-Or_THE_3'l'R_A_N_r)-__eF'F_r_MMOI<tOl:;EE---BtV-D-O BcJEGT---T0--ANY--- , ____h
ZONING OF THIS PROPERTY THAT WOULD PERMIT A SIX-STORY HOTEL OR
------------STMttA'R-BUt'J:;!)lN~N_4.'Hi_s_s_I'l.'~E_I_NTE';R'5_E&B:0N--8F___J Ub-l-E-T-B LV D-AND-----.
IMMOKOLEE ROAD IS ALREADY TOO HIGHLY CONGESTED, OVERTRAFFICED AND
-------~---A_Ny___H~lJS-j/!AeE-WO\tJ:;D_I_MPm) E-EMERG-ENC-'l--VErHI-GhES-.------WE--OHJ EGT---'fO---------
ANY REZONING WITHOUT THE OWNER DISCLOSING WHAT US;tAGE OF THE PROPERTY.
DATE
NAME
ADDRESS
6%17 {.,J;"'Y:'A.,-u;;:tdiLQ1.~f-________ __,__
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,L,;:enda Item ~,jo. 88
June 12 2007
PEl.;Je 53 of123
PETITION TO COLLIER COUNTY COMMISSIONERS REGARDING GASPAR STATION PUD
WGRMERLY STILES PUD REGARDING PROPOSED REZONING AND USEAGE.
---~'--'----WE"lTIr-R"ESTDENTS-OF4'[1rsTRKNIT-"frp-p----'tMMeK'l5l:;EE-' B-]"VD-G B.J'EG-T-'TG--ANY--'--'
ZONING OF THIS PROPERTY THAT WOULD PERMIT A SIX-STORY HOTEL OR
--'-STM1tAR-I)IJ1I:;Dl'~N-nI-r-S-S-I-'l'E . 'fHfr-I-tff-E-R-S-E-G-T-I-GN-0F--;;J-lJL-l-ET--B bV-D - AN D---
IMMOKOLEE ROAD IS ALREADY TOO HIGHLY CONGESTED, OVERTRAFFICED AND
-----.-------P;Ny-[1-reH-U.S.EAG-E-WOtJJ:;fr-I-MF-EiJE-EME-R6-E-N€-\'-V.E-H+6bE-&~--- WE-GBJEGT-1'O----- ---- -----
ANY REZONING WITHOUT THE OWNER DISCLOSING WHAT USEAGE OF THE PROPERTY.
DATE
NAME
ADDRESS
-- -c3/;~/x-
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.....
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Agenda Item No. 8B
,June 12. 2007
Page 54 of 123
PETITION TO COLLIER COUNTY COMMISSIONERS REGARDING GASPAR STATION PUD
FcrR~ERLY STILES PUD REGARDING PROPOSED REZONING AND USEAGE.
W~ Hl!'; t\!';:>IlJE Ml:7~-J:;eE-B-I:;V-B-0Bof;e'f--'f0--ANY--'---
ZONING. OF THIS PROPERTY THAT WOULD PERMIT A SIX-STORY HOTEL OR
& I MILAR M I ~N-'ffi 1:3 3 I 'IE . 'PilE I N'i'E-R-S-BC---'f--H1N-ElF--3tlb-l-E'f---B b-Y-D-AND.--
IMMOKOLEE ROAD IS ALREADY TOO HIGHLY CONGESTED, OVERTRAFFICED AND
ANY InCH USEAGE WOULD HlrEDE EllERGEN€-'f-J/EIlICLE-&-r--WE-G.g~l'G-------
ANY REZONING WITHOUT THE OWNER DISCLOSING WHAT USEAGE OF THE PROPERTY.
-
DATE
ADDRESS
--'';':''':
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Aoenda Item 1'>10 88
~, June '12. 2007
Page 55 of 123
PETITION TO COLLIER COUNTY COMMISSIONERS REGARDING GASPAR STATION pfll)
~MERLY STILES PUD REGARDING PROPOSED REZONING AND USEAGE,
W l!; 1 H lO KES TDENT 6!ffi-[;E-E-B-tviJ-0B-;:Jf;G'f-'F0--ANY----.---
ZONING OF THIS PROPERTY THAT WOULD PERMIT A SIX-STORY HOTEL OR
SIMILAR BUILDIN~IS SITE, 'filE IN'PER::JEG'f-t-e-N-eF-d-U-b-l-E'I'---Bb-VD-AND...-
IMMOKOLEE ROAD IS ALREADY TOO HIGHLY CONGESTED, OVERTRAFFICED AND
ANY HIGH--ttS-EAGE we-tlLD Il1PfrBE EtlERGEtlCY ~b-ES, WE-GBJ-E-GT-1'O-------
ANY REZONING WITHOUT THE OWNER DISCLOSING WHAT USEAGE OF THE PROPERTY
DATE
NAME
ADDRESS
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Agenda Item No. 8B
June 12, 2007
Page 56 of 123
PETITION TO COLLIER COUNTY COMMISSIONERS REGARDING GASPAR STATION PUD
~NERLY STILES PUD REGARDING PROPOSED REZONING AND USEAGE.
W~ TIl~ h5IlJENT Metffi-l:;-W-i3lNB-0B-.7-E6'l'-'P0-A'N-Y-.',--.---
ZONING, OF THIS PROPERTY THAT WOULD PERMIT A SIX-STORY HOTEL OR
5 I M!tJl;1\1ltJ'tt:f)TN'(H'JN-'i'HI 8 SITE. THE IN1'ERG ECT-fOO--f>F--d-1:J-bf-E'f--BLVD-AND-
IMMOKOLEE ROAD IS ALREADY TOO HIGHLY CONGESTED, OVERTRAFFICED AND
ANY HIGH U3EAGE WOULD IHP-EfrE-EMER-6-EN-6>f--V.E-1H-GbES. W-E-Gl',J-EGf--'rG-----,--.-
ANY REZONING WITHOUT THE OWNER DISCLOSING WHAT USEAGE OF THE PROPERTY.
DATE
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ADDRESS
517/ ;,??,,P'!,~ !J,e" /cfC?_?-________
<') '76 '7 7kof ~ J)VICH. -t1-- L '793_______
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603 I 172oCd'! 'J)..e. ..::J!J.-Ocf
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b,aenda Item No. 88
~ June 12,2007
Page 57 of 123
PETITION TO COLLIER COUNTY COMMISSIONERS REGARDING GASPAR STATION P''''
~QRMERLY STILES PUD REGARDING PROPOSED REZONING AND USEAGE.
'WETHE-RESIDENTS"OF-'THE-STRAND'OFF' IMMOj{OLEE BLVD' OBJECT TO ANY
ZONING OF THIS PROPERTY THAT WOULD PERMIT A SIX-STORY HOTEL OR
'S IMIl:AR-BUILDI NC'ON-"fHIS- S ITE',---THE INTERSECTION OF, J ULI ET BLVD AND
IMMOKOLEE ROAD IS ALREADY TOO HIGHLY CONGESTED, OVERTRAFFICED AND
--ANY-HIGH-USEAGE WOUI::;D-IMPEDE - EMERGENCY VEHICLES . WE OBJECT TO
ANY REZONING WITHOUT THE OWNER DISCLOSING WHAT lISEAGF. OF THE PROPERTY.
DATE
NAME
~:;~:77 .fl~~f1;i:=___.__.
}.,( 5-0 'uf~_(~~"'<<P.Q___ _ -,___S:f7j)71L~.~~Jfjf)~( ft;o<{-
~-:-~O?l:~)~~T:t~=~_~ "_____,_,,_ -5:_t'rl~:!ll. '"'?JtJt<
I'I//!/f~~ '" (,fJ,}LII('DPI(. y DR. ,*,' j {)J
ADDRESS
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ORDIlWlCE e6-~
IJl OI:DIlWlCE AIlENDING ORDINANCE 82-2 THE CQM-
PREBE!lSIV!. ZONING REGUI..ATIONS FOR THE UNINCOa-
POIlATED AREA 0' COLLIER COUNTY.. FLORIDA BY
AMENDING THE ZONING ATLAS MAP RUMEER 48-26-9 BY
CRANCING THE ZONING CLASSIFICATION OF THE REREIN
DESCllIBElJ REAL PROPER'!Y FROM A-2 TO "POD"
PLAh'liED UNIT DEVnOPllEllT J:lIOIIII AS THE STILES
CORPORATION lOR t 18.7 ACRES OF INTERCRANGE
COHMERCIAL USES (MOTEL HOTEL, RESTAURANTS, ETC.)
FOR PROPERTY LOCATED ON '!'HZ soum SIDE 07'
IMMORALE! ROAD. AJlPROXIMA'I'ELT ! MILES WEST OF
1-75. IN SECTION 30. TOWNSHIP 48 SOUTH. RANGE 26
I:A5T; AND PROVIDING A1f EFFECrIVl DATE.
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WHEREAS. }Iilson, Hiller, Barton, SolI and Peek, re.presenting
the StU.. Cot)'.orat.1on p.t:l.t1oned th_ !loard. of County C~1..1on.u
to change the ZenicS Cla..lfle.tioD of the herein dur:::r1becl real
j proparty:
Naw I 'I'RDLFOU BE IT ORDAINED by the Board of Cotmt1
eo..r..lonerl of Collier County, Florida:
.
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SECTtml ONE:
The Zoning Cla..ificatioD 01 the herein d..cr1b.d re.l property
located in Seccion :30, Tovn.sblp 48 South, hnge 26 &ut, Collier
,
,
,County, florid a h cbansed froa .1-2 to "POD" Plam:aa4 Unit
Developmant in accordanca witb the POD document attaehed hareto ..
Exhibit "A" which 11 incorporated.harain and by reference ..de part
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hereof. The Official Zanins Atlae Map Jumbar 48-26-9, as d..cribed
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in Ordinance 82-2, i. hereby ~.nd.d .ccor~lngly.
SECTION 'IW:
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',to
Tbil Ordiunr, ahall b.c01D& affective upon racsipt of notice
",tbat 1& hu bUD fUed with thl Secretary ~f Stat..
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DATI:
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BOARD OF COUNTY COMMISSIONERS ' :,.'.~ " :,'" ,
COLLIER. COONTT,(]n.oa::DA~' - ': i\,\:'~;h
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August 26, 1986
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"'", -.:~ \~""{,.'.." ':1. .. '.' 's.:_ryofS'i""IOffJ<:Vl1It .
'%.1' '~ft!,~. ,,'~:1OB>l J.ND LEGAl. Sum:CIEl'lC'fj&J:6.cfarof'-~tXlL.
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I.. BROCX'A!lDElWN ~ '- By ,.... j"".....-~-
. ASSIS'I'AN'l COUNTY ATTORNEY ~
IDD( 024 Pld84
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I-86-10C POD Ordi~Dce
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PLAlflfED Ul'fIT PEVBLQPMmrr DOCOMER'r
POR
STILES CORPORATION
P!J.NNED milT DEV!:LOPIIllRT (p.e.D.)
Section 30, Town.hip 48 Soath, Range 26 Eat
Collier County, Florida
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PREPARED BY..
WILSON, MILLER, BARTOR, BOLL' PEEK, INC.
EUGInEERS, PLAmlERS , LAHD SORVBYORS
1383 Airport Road Nortb
Naples, Florid. 33942
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DATE APpROVED Br Bce Auqu.t '2'.1986
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ORDINANCE NUKB!R 86-58
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SECTION I
SECTION II
SECTION III
SECTION IV
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List of Exhibit8
Statement of Compliance
Property Description and Ovnership
project Development
Permitted Ose8 and Standards
General Commitments
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LIST OP EXHIBITS
EXHIBIT -A-
P.D.D. Master Plan, Aorial Photograph
(WMBS'P Pile No. RZ-133, Sheet 1 of 2)
EXHIBIT -8-
Soils , Vegetation Map
(WMBS'P Pile No. RZ-133, Sheet 2 of 2)
EXHIBIT .C.
Boundary ~ Topographic Survey
(WMBS'P Pile No. 4L-389)
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STATEMENT OP COMPLIANCE
The development of approximately 18.7 acres of land in Section
30, Township ~e South, Range 26 East, Collier County, Plorida,
will be In conpliance with the planning goals ~nd objectives of
Collier Count}' a8 set forth in the Comprehensive Plan for the
fOllowing rea&ona:
1) The 8ubject property is lOcAted wholly within the inter-
change commercial node as identified and described in the
Comprehensive Plan.
2)
The subject property has the necessary rating
determine the availability of adequate
facilities and services.
points to
community
3) The permitted uses to be included within the project are
primarily intended to serve the travelling public using
the interstate 8yste~, and reflect the highest and best
use 01 this property.
.) The regulations and standard. for development of
cOJUn:terclal uses on thia property shall be governed by
this P~O.D. ordinance, aa required by the Comprehensive
Plan.
5) The project developruent Is planned to incorporate natural
syateme for water management and/or landscaping in
accordllnce with their natural functions.
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SBCTIOK 1
PROPERTY DESCRIPTION AND OWNERSHIP
1.01 INTRODUCTION AND GENERAL LOCATION
It is the intent of Stiles Corporation (hereinafter called
applic~nt or developer) to establish a Planned Unit
Oevelopmp.nt (P.U.D.) on approximately 18.7 acres of property
located in the southwest quadrant of the interchange between
Interstate 7S and Im.mokalee Road rCR 846), iIIpproximatelyl.5
miles ell:it of Airport Road (CR31). It is the purpose of
this document to establish the standards and guidelines for
the future develo~ent of this property.
1.02 LEGAL DESCRIPTION
Hest 1/2 ot the Northeast
.30, Township ~8 South,
Florida.
1/4 of the Northeast 1/4, Section
RAnge 2G Ea~t, CollIer County,
1.03 OWNERSHIP
The l!Jubjp.ct property 1. currently under the ownership and
unified control 'of Terry If~ Stiles, Trustee, 6400 North
AndrevB Avenue, Ft. Lauderdale, Florida 33309.
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SECTION II
PROJECT DEVELOPMENT
2.01 . PURPOSE
of this SectIon i. to generally describe the
development and delineate the general con-
vill opply to the project.
The purpose
plan of the
ditions thet
2,02 GENERAL PLAN OF DEVELOPMENT
The project is a planned interchange commercial center in-
cludln9 a mixture of interchange oriented commercial
facilities, and water management related elements. The
P.U.D. Master Plan, Exhibit -A- is attached.
2.03 COMPLI~ICE WITH APPLICABLE ORDINANCES
The project is intended to be in substantial complizmce
."lth the applicable Collier County zoning and Subdivision
regulations as well 4S other Collier County development
coCles in effect at the time permits and/or plats are re-
quested, except as noted herein.
:2. 04 PAACTIO~IALIZATION Of' TRACTS
A. When the develope"r sells an entire Tract or a build-
ing pa~cel (frac~ion of a Tract) to a 8ubJequent owner,
o~ p~oposes developuent of such property himself, the
cleveloper shall pt"'ovide to the Administrator for ap-
pro...al, prior to the. development of the tE:'act by the
developer or. prior to the sale to a oubBequ~nt owner of
such property, a boun~ary drawing showing the tract and
the building parcel therein (when applicable) and the
square footage assigned to the property. . Thedrawinq
shall also show the location and size of access to
thoee fractional parts that do not abut a public street.
B. In the event a commercial tract or building parcel is
sold by any subsequent own~r, as identified in Section
2.04(A), in fractional parts to other parties for
development, the subsequent owner shall provide to the
Administrator, for approval, prior to development of
the tract by the developer or prior "to the sale of a
subsequent owner of a fractional" part, a. boundary
drawing showIng his originally purchased tract or
building pa~cel and the fractional parts therein and
the square footage assigned to each of the fractional
parts. The drawing shall also shoW' the location and
size of access to those fractional parts that do not
abut a public 8t~eet.
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APPROXIMATE AREA
(ACRES) , : ,
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c. The developer of any tract or building parcel must 8Ub-
mit at the time of application for a building pe~it, a
detailed plot plan for his tract or parcel. Such plot
plan shall show the proposed location of all buildings,
access roads, offstreet parking and offstreet loading
arettB, refuse and service areas, requJ red yards and
other open spaces, locations for utilities hOOk-up,
screening and buffering, signs, lighting, landscape
plan, other accessory USes and structures.
o. In evaluating the fractionalization ~lanB the Ad-
ministrAtor's or his designee'. decision shall be based
on compliance with the criteria and the development
intent AS set forth in this document and the reasonable
accessibility of the fractional parts to public or
private roadways, co~n area~, or other. _eana of
ingr.ess and egress.
E. The maximum number of indIvidual tracts to be !raction-
alb:ed for prinCipal uses 4S stated in Section 3.02 .(J\)
shall be 4 parcels. The 1l4xilllUm number of individual
tracts to be fractionalized for principal uses as
8ta:ed in Section 3.02 (8) shall be 4 parcels, hoyever,
in no instance shall there be more than ~ parcels with
frontage on Immokalee Road.
P. I f approval or denial is not issued vi thin ten (10)
vor:..;;!n; days, the submission shall be considered au-
tomatically approved.
2.05 LAND DSeS
Table I is a schedule of the Intended land use types, vith
approximate acreages in<Hcated. The arrangement at these
land use types is shovn on the P.O.D. Master Plan. Changes
and variations in design and acreages shall be permitted at
final design to accommodate topography, vegetation and
other site conditions. The specific location and size of
individual tractu and the assignment of specific useS
thereto shall be sub~itted to the Administrator for
approv.!Il as described in Section 2.04 of this document.
TABLE I
LAND USE SUMMARY
DBSCRIPTION
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~~~'/.: Lake/Kater 1D8nageraent
"~1<II.'.h,'" Utility site
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2.06 RESERVATION OP NATURAL VEGETATION AND TREe REMOVAL
Clearing, grading, earthwork, an~ site drainage work ahall
be perfOrMed in accordance with the applicable Collier
County Development Codes1 and standards and commitments set
forth in this document.
2.07 EASEMCNTS FOR UTILITIES
Easements shall be provided for water laanagement areas,
utilities and other purposes as may be needel~ Said ease-
ments and improvements shall be in compliance with the
Collier County Subdivision Requlations.
All nece~sary easements, dedications, or other instruments
shall b~ granted to insure the contInued operation and
maintenance of all service utilities in compliance with
applicable regulations In effect at the time approvals are
requested.
2.08 EXCEPTIONS TO THE SUBDIVISION RZGULATIONS
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1. Article XI, Section 10, monuments, valvel.
2. Article XI, Section 21, Utility casings (prior to con-
struction.
3. Article XI, Section 17k, reverse curve, au~ject to
County Engineer's approval.
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SEC'l'IOII III
PERMITTED USES AND STANDARDS
3.01. ~!!
The purpose of this Section is to 8E'!t forth the permitted
uses and development standards for development of the
proj ect.
3.02. PERMITTED USES AND STRUCTURES
No building or structure or part thereof, shall be erected,
alterp.d or used, or land or water used, 1n whole or in part
for other thAn the fOllowing:
A) Interchange Commercial permitted principal Uses and
Structures permitted throughout f8.7 acre parcel.
1) Motels, hotels, transient lodging facilities
2) Restaurants, (full service only)
J) Business/professional offices, office/storAge,
banks.
4> Rental car Agency.
5) Water management facilities and essential services
6) Any other commercial use siroiler to the foregoing
uses and which the Zoning Director determines to
be compatible with the intent of this development.
"
B) In addition to the above described uses, the follovIng
Interchange Commercial Permitted Principal Uses and
Structures are permitted and limited to the northern
interior ~our hundred feet (~OOI) of property fronting
Immokalee Road. .
A) Automobile service stations
B) Restaurants, (fast food and full service)
C} Convenience commercial stores
3.03 DevELOPMENT STANDARDS
A) Minimum Site ALea: Type A U8~8: 1 acre
Minimum Site Area: Type Buses: 1/2 acre
B) Minimum Site width: One hundred (100) feet as measured
at the front builoing setback line.
Cl Minimum Yard Requirements:
1) Exterior Boundary
Exterior boundary - building. parking and impervious
setback of 30 feet shall be provided on a western
and southern project boundarie8. This setback area
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Bhall be kept in nal;lvlt "natural ve~etation existing
on the site. A berm. averaging four (4) feet ahall
be provided in areal generally void in native
vegetation. Additional native vegetation shall be
planted if necessary to obtain the opacity ~equired
by the zoning ordinance for a buffer. The buffer
nhall meet the opacity requirement by the .end of
twelve (12) months from the date of issuance of the
first certificate of occupancy for the parcel.
Buffering shall be phased to coincide with
clevelopment.
~hese standards will not be required if the
property to the welt and/or south ia zoned to a
nimilar commercial use, in which case a landscaped
ten (101) foot building and parking setback shall
be required.
If the property to the west ancj/or Bouth Is zoned
to a non-residential, non-commercial use, the above
buffering requirements shall not apply and a
landsc^ped fifteen (IS) foot bullding end parking
Detback shall be required.
h landscaped. ten (10') foot building and parking
netback from the eastern project boundary shall be
maintained.
(15' ) foot building and
northern project boundary
h landscaped fifteen
parking setbeck from the
Ehall be maintained.
Limited water management facilities (i.e., 6'ttales)
may be located in this setback area: however, every
~ttempt shall be made to limit the amount of tree
clearing. The landscape plan for the :buffer shall
be incorporated into the landscape .plan to be
epproved by the Natural Resources Management
Depllrtment and Planning/zoning Department prior to
issuance of building permits. .~
2) Between Principal Structures
A distance equal to one-half the Bum of the height
vf two adjacent buildings shall be provided.
3} Fractionalization Parcels
A minimum fifteen foot (15') building setback shall
be maintained from all fractionalization boundaries
~B described in Section 2.04 of this document.
3-2
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Interior Access Drive
A minimum fifteen foot (15') building setback shall
be provided along the interior access drive as
shown on the P.O.D. Master Plan, Exhibit -A-.
51 Gasoline dispensing operations shall be subject to
the setback requIrements of the Zoning Ordinance in
effect at the time permits are requested.
D) Maximum Height:
project.
E) Miniruum Floor Area of PrinCipal Structurer One
thousand (1,000) square feet per building on the ground
floor. Exceptions to this require~ent for special pur-
pose buildIngs may be granted by the Zoning Director.
Three (3) storIes throughout the
F) M~ximum Density - Twenty-six (26) units per gross acre
of land for hotels, motels or transient lodging
fllcilitiea. Pifteen thousand square feet (15,000)
leasable office area per gross acre. Seventy five
hundred square feet (7500) leaseable area per gross
acre for all other listed principal uses. A maximum of
10,000 square feet of Banking racilities shall be
permitted, Density shall be determined according to
the fractionalization parcel in accot'dance with Section
2.04 of this document.
G) Unless otherwise indicated in this'dc..cument, minImum
standards for signa, parking, lighting, and landscaping
shall be in conformance with applicable Collier County
rp.9ulations in effect at the time permit& are Bought.
D) Although parcels 1, 2, and 3 do not have. aCCess from
Immokalee Road, the 8ite should, if possible, be
dp.signed in such a way 80 that the rear of the
site/building (1.e., loading, Bolid waste 'receptacles,
etc.) is not oriented tOward Immokalee Road.
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SECTION IV
GENERAL COMMITMENTS
4. 0 1 PUllPOSE
The purpose of this Section fa to set forth the general
commitments agreed to by the project developer.
A) WATER MANAGEMENT
1) Dct~iled site drainage plan shall he submitted to the
County Engineer for revie~. No construction permits
shall be issued. unless and until approval of the
froposed construction in accordance with the
submitted plans is granted by the County Engineer.
2) An Excavation Permit viIi be requir~d for the
proposed lake in accordance with Collier County
Ordinance No. 8-26, as amended by Ordinance No. 83-3,
4nd AS may be amende~ in the future.
B) UTILITIES
') t'otabIe vater may be provided by either a central
roystem connected to the Collier County Water System,
or by on-site wells and treatment facilities, should
the County system be unavailable at the time of
development.
2) hll areas of the project shall be serv,d by a central
\lAste....ater collection. system and by a wAstewater
treatment plant. The plant shall be expanded to meet
the project demands and shall be pha~~~~out at .such
time as a County system becomes available.
3) 'the development shall be in compliance with appli-
cllble County laW's and ordinances qovern1n9 utility
proviSions and facilities.
4) Telephone, power service shall be Jtlade available to
the site.
S) The Utilities Division stipUlations per their memo
dated Kay 7, 1966, are attached hereto and
incorporated herein by reference.
4-1
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C) TllAHSPORTATION
1) The developer shall provide left and riqht turn lanes
on Immokalee Road at the project entrance.
2) The developer shall make IS fair share contribution
to..,ard the capital cost of a traffic 81gna1 at the
project entrance when deemed warranted by the County
En9ineer.
3) The developer shall provide arterial level street
lighting at the project entrance.
4) The above required imp~ovementB are considered .site
related- as defined in Ordinance 8S-55 and shall not
be applied as credits toward any impact fees required
by that ordinance.
5) Based upon the existing four-h,ne Bcction on CR 846
under 1-75 And in consideration of a future six-lane
urban section, the needed right-oi-way is reduced
from SO feet to 25 feet and the right-of-way donation
is proposed by easement Agreement. Since the
right-of-W'ay donation is essentially to be used for
",ccess improvements under the four-lane condition,
the donation should not be subject to a .road impact
fee credit. Also, the land upon W'hich the easement
is to be located will remain the property of the
adjacent p~operty owner in consideration of landscape
type improvement.
6) Since drainage under the future six-lane urban
condition" viII require an additional outfall and
since the Stiles project incorporates -an overflow
cross drain on CR 6.6 into the canal along the north
side of CR 0.6, another road~ay condition for a"
future multi-lane section is to allow road runoff to
exist the roadway system via the proposed cross
drain. Accordingly, the County requires access to
the cross drain for removal of excess roadway runoft
in the future multi-lane condition.
7) As currently proposed, th,e extension of the existing
four-lane road 8ection to the west and thru a common
median opening for Regency Village and Stiles
Development is highly recommended. Such an extension
of a four-lane facility will be subject to a fair
share road impact fee credit as- applicable to the
added thru lanes. ^lso, by extending the four-lane
segment thru a common intersection both developers
will be assured of a median opening under the
four-lane condition.
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D)
KASTER PLAN
A P.D.D. Maater plan twMBS'P File No. RZ-133, Sheet 1 of
2) has been provided to assign land uses vi thin the
overall lite. In order to facilitate necessary
modifications and changes, while preserving the overall
intent of this P.D.D., .. described in this document and
depicted by the Halter Plan, all phases of project
developrllent shall be required to obtain adnllnistrative
approval In conforlllanee with the Collier County Site
oev@lopment plan Approval process.
E} PROJECT DEVELOPMENT
The intent of this POD i8 to be in compliance with the
Collier County Comprehensive Plan which states that
.Collier County is a unique community and t~e land uses
surrounding the interchanges should reflect this.. In
many cases, the first glimpse of Collier County that
visitors see is upon their exit from the interstate.
Therefore, the surrouncHn9 land uses should exemplify
the quality of life which Collier County residents'have
come to enjoy and expect.-
To comply with the intent of the Comprehensive plan, the
petitioner agrees to meet the following criteria:
1) To retain on-aite vegetation And to provide land-
scaping using but not limited to nat,~ve species as
11luch as possible to preserve the integrity of the
environmentr
2)
To provlde an integrated .ite plAn which provide.
for integrated developnlent of the parcel and 1 ts
reletionships to 8urrounding land1
3 )
To establish an architectural
with the Applicable Collier
Standards.
theme that complies
County ~ Codes and
.4) To provide internal pedestrian access between all
parcels and uses within the development.
"
S)
To develop the sites along Immokalee Road in'such a
w~y as to provide the appearance of the front ot the
property avoiding or effectively screening loading
areas, trash receptacles and the..like.
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P) ENVIRONMENTAL
1. A site cle.ring pl.n sh.ll be submitted to the
Natural Resources Management Department and
Community Development Division for their review and
approval prior to any substantial work on site.
Th is 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
max imum extent poS8 ible and how roads, build Ing8,
lakes, parking lot., and other facilities have been
oriented to accommodate this goal.
2. Native species shall be utilized, where available,
to the maximum extent possible in the site land-
scaping design. A. landscaping plan wl11 be sub-
mitted to the Natural Resources Management Depart-
ment and COlMlunity Development Division for their
review and approval. This plan vIII 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 nat.ive vegetation and
habitat characteristics lost on the site during
construction or due to past activities.
3. All exotic plants, as defin~d' in th"! County Code,
shall be removed during each phase of construction
from development lIIreas, open space ,lreas, and pre-
serve llreas. Following site ~evelopment a
maintenance prcgram 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 "dth and. ap-
proved by the Natural Resources Management.
Department and Community Development DivIsion.
4. If during the course ot site clearing,' excavation,
or other consttuC'tional activities, an
archaeOlogical or historical site, artifact, or
other incHcator is disC'Overe<S, all 6evelopruent at
that location shall be immedi8tely stopped and the
Natural Resources Management Department notified.
Development will be suspended for a sufficient
length of time to enable the Natural Resources
M~nagement Department or a designated consultant to
Assess the find and determine the proper course of
action in regard to its salvageability. The Natural
Resources Management Department will respond to any
such notification in a timely and efficient manner
80 as to provide only a minimal interruption to. any
constructional activities.
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5. The lake should be desiqned uith 4 littoral zone
that al10w8 for vegetation 81009 the western edge,
and that the exeavation design shall be submltted to
Natural Resources Management Department for review
and approval or disapproval.
6. A retention system shall be constructed to retain
pollutant-laden water for awhile instead of allowIng
yater to enter the lake iMmediately.
G) OPEN' SPACE
1. Open space shall be provide~ to laeat the
requlrements for a comerclal POD under the 20n1n9'
Ordinance in effect at the time permits are
requested.
B) ENGINEERING
1. The proposed entrance to Regency Village of Naples,
on the north side of Im:nlokalee Road, is near. this
project. This entrance should be shown on the
master plan and the road of Stiles Corporation for
this project (Stiles Corp.) should. be aligned with
it if possible. A realignment of the main entrance
road shall only require approval of' the County
engineer and planning/%oning'Director.
2a AcceSB to all parcels fronting Immolalee Road shall
be from the main road with no dlrect driveway acceSB
from each parcel to Immokalee Roada
3.
The III a in road
standard for a
right-of-way may
Illn 1Ial.l.
The
local
pavement
required
street.
ahall ~eet the
ainor col1:ector..
be as required for a
I) PI RE CONTROL
1 a Water main and hydrants will be required and all
building8 must ~eet current codp.,.
J) OTHER COMMITMENTS
1 a . Project development shall commence within three
years from date of approval..
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Ann ~~ta; Plannin<< Departmant
MEMORANDUM
I DA118 Ka. 7. 1986
FROM: John r. Had.. evaU"
Ut ie-a. I nur I
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"I Patition 1-86-l0C, Btil.. co~or.t~on PUD
\/a ha"a reviewed the aboye reteraneed Pat.ition .and have DO
the re~OQe .. requa.tad. Bove"er, ve require tbe follovluS
aa a coudltlon to our recommend.tion for approval:
objaction to
atipulat.1oQII
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1) Yater dietTlbutioD and IrwaC. coll.ction an4 tran~i..iOft
.,..ta.. w111 ba ccmltruetad throu&hout the project. davalope;e1'lt by ths
developet pureuant to all curr.nt raquire~Dt. of Collier County aDd tha
State of Florida. Water and aever tacilities con.tructed within platted
rigbt8-0(~ay or vithin utility eaae=-nt. required by the Couety .hall b.
conveyed to the County for owner.hip, operatioR and ~intenanee purposea
punuant to appropr1.llte (Aunty Ordinance. and regulatioaa in affact at
the tim.e of conveya.nce. All vater ead uvar facilitiea conatructed on
privata prope:rty and not required by tbe County to b. locatllld within
utility eaaemeut. .hall be ave.d. opera tad and aaintained by the
Developer. hi_ aaaign. or .ucee..ora. Opon completion of conatruction of
the vater and sc~er faciliti.a within the project; the f.ciIlti.. viII b.
tutcd to in8un thcy aut Collin County'a utl1ity eonltntct1011
requlrlllment. in effect at the time eonstruction plana are approyed. Th.
above tUM lII1.Iat ba c~t.ted to the ..ehhc.cion ot tha Ut111tiu
Divi.ion prior to placi~g any utility facl1i~iea, County DVned or
privatdy owned, inco aen-iea. UpOtl cosph:tion of the vatar and/or
..vcr facilitiea and prior to the iuuanee of Certificates of Occupancy
for etruc.t'Jru vithin the project tha utility fadl1tiu shall b. coa-,
veyed to the County, when required by t.be UtUitie. Div1.alon. pursuant
to County Ordinances aad Regulationa in affect at the t1.m;e conveyanca 18
requlllet8cL
2) All e~atroeti011 plana alld teeha1eal apecification. and propoad
platll, if applicable, for the propo.ad vater dhtribueloa. and aavass
collectioa .end tranalrladon fae111tiu !Wat b. reviewed and appcO'Ved by
the Utillti~. Dlviaion prior to eommeace~nt of conatruction.
3) All cuntoMn connecting to the vater distribution and ..va.g.
collectioa facil1tiea viII be customer. of the County and vill b. billed
by tbe Count' in accordance witb the Countyfs eatablt.bed rat... Sbould
the County IIOt be in a poaitt01'l to provide vateritnd/or ..ver .erviea to
the project, tbe vatet' and/or .ewer cU8tomen ahall be cuatomer. of the
inter1a utility utabllabed to ..rv. tha project until th. Count,.'.
off-.ite vater .nd/or .ever facilities sre av.11.ble to .erTe the
project.
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Page 2
K&,. 7, 1986
D'PtJ~
PI.oDin.
4) Ic h anticipatecl that the CDUDt1 UtUIU..- Divb10a v111 ulU...tel)"
auppl,. potable vater to ceat tbe COtl.~t1.. de:aand and/or rece!.e anel
trut the I'Ivase genu.ted by ebb project. Should the Count1 .,..t..
not b. 1n .. podtion to' auppl,. 'pocable vaCer to the project and/or
reeeive the project'. va.Cev.tet' at the t1.m. development COIlIIUnc.a. the
Developer, at hi. expen.., viII inaCall ~CI op.raCe inC.ria VaCer aupply
And on-a iCe treaC..nt facilitl.. and/or Interia On-alCe ..vage tre.tmeD~
and cU.ipoul facllitlea adequate to. ..et .11 requirementa af. th".
ippropriate regulatory .geacin. - .. ~ ..
S) An Agreement aball b. entered iato between the Count)" and the
neveloper, i'indine on the DevelO'per. his a.aip. or succe.aora, legally
accepeabls to' tbe County. prior to the approval of COu.tructioo docu.anta
tor the propoaed project. ttating that:
a) The prol)oaed vater supply and on-aite treatment f.acl11tiu And/or
on-a ita vastevater treatment and dispo.al taclIitle., if r.qulred; are to
h C01utructed a. part of the propoud project and .uae be resarded ..
intuilllj th.y .hall ~e con_tructed to State and Fedual ecandard. and
are to b. owned, operaced and ...iac_ined by the Developer. hb snip. or
.UCCU80n until such tt.e aa tbe County's off-aH. vater facUities
and/or Off-Fite aevcr fecilHi.. are available to eervice the project.
The interim trutlllent facilities _hall supply eervlces only to tho..
lande ovoed by the Developer and epproved by the educty for development.
The utility facility(!e.) ll:l4y not be expanded to prOTide vater and/or
sever eervice outside the development boundary approved .by the County
without the vritten con.ent of the County.
b) Upon cot:nectlon to the County's off-du vatar facUiUu. and/or
.~er facilltiee, the Developer, biB .e.lgnl or ~ceelaor. _hall abandon,
dbmantle and re.ove frOlll tbe d.t. tb. 1P.teria vater &nd./or ..vaSe
truc.ent hclltty aIld diacontioue P'. of the ",ater .uppl)' louree, if
appl1cabla, 1n . unner condatent v1th State of Flori" etaud.a.rc!s.
All work r.l~t.d with thi. activit)' ,hall be performed at no cost to tb.
Count,..
c) CoIlocction to the CoUIlty'. off-alt. vaur and/or _'ever facilities
v1ll b. ..de by the owner., their ...1m_ or lucca.dore ae no coot to the
County vltbf.:3 90 day. atter luch t&el1itiu becou availabI.. The coat
of connection .ha.ll include, but not be 1alted co; .11 engineering
duign aIld prepanUon of conatructloD docUlDente, pera1tt1ng, 1IIOdlfiCll.-
t10Q or refitting of ex1etlng aevase pumping f.cUitiee or conatru.ction
of nett ...ter aevage pump10S tacllit1ee, lnterconnection with Couney
off-aite facUities, vater and/or aewer linea odcll..ery to aak.e the
conn.ceien(.), etc.
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To~ Ann Hc.I.U. p!Ac.nlna
Pas& J
"May 7. 1966
D.P&r~tJ~
d) At t~. time Couney off-.lt<< vater and/or lever faetl!e!.. ar_
a",an.blt for the project to CODDlet with, the lalloving ".ter and/or
..var facil1ti.. ,hall b.. conveyed to the County purauant to appropriate
County Ordinance. and iegu1#tiona in effect at the tl~.t
1) All vau.r and/or sever fac:llit1u eon.enteted in publicly
owned rlghtl-of-vay or ~thiD utility ....ment. required. by the
CBtint1 within the project laic.. required to Wt&u connee:tion
With the COUtlt,.'. oft-ait<< .vater .nd/o~ aewU' facUitluf or,
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2) All .ater and .._r f.c111tb<< requind to connect the
project to the County1. off-.it. v.tar .nd/or .ever facilitie.
when the cn-.it. vater and/or .wv.r facilities are con.tructed
on private property and not required by tha County to ba
located within utility e..emcnt., including but not limited to
the follD'Ving:
a) Main ..vage lift .catiett and forca ...in inter-
connecting with tbe County .~~ facilities . including
all utility e.a..ant. nece.aary;
b) ~atar diatribution facilities from the poine of
connection vitb the County'. vatar faeilitie. to thl
....t.r watar aetar urdng tbe project, including .11
utility e..e~nt. nece..ary.
e) The eu.tOlllers Ilerved on aD interia bub by the pUl1ty .y,'te.
con.tructed by the Developer .hall bec~ cu.tomer, of tbe County at tha
ei.. vben County off-.ita vater and/or .evar f~eilitle. ara availabla to
larva tba p'rojatt and .uch eonnectlon i. ud.. Prior to connection of
the proj.ct to the County'. off-dt<< vater and/or uvcr .f.cUiti.. the
Developar. hi. ....1gn., or .ucce.aora. .hall turn ovet' to the County a
complete liat of the cUlt~ra a.rvad by the intart. utilitiea .yat~ and
.hall Dot competa with the CoUDty for tha .arTice of tho.. cu.toaar..
The Developer .hall .1.0 provide tha County with .. dee.tled inventory ot
the hdlitiu ..rnd within tha project .nd the entity which will be
rupondbll for the water and/or uver ..rvica bUline fot' the project.
f) All con.truction plana and technical apecific&tion. relatad to
connection. to the County'a off-aita vater and/or ..vat' tacilitia. will
ba aubm1ttod to the Utiliti.. Dhi.ion for review and epprlnal prior to
commaneemAnt of conatruetion.
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To: AnD HcU., Plannin, Dep.r~n~~ "1-..
,&S. 4 1\["'"
&7 7, 1986
&) Th. nltvdop.r, bh ...11ft' or auec....or. alre. to pay .11 'Y'Ce.
d..vdopzent chars.. at thl t1JDe that luUdin. Pend.u ar. required.
pur.uant to appropriate County Ordinance. Ind Regulation. in .ffect at
the tiDe of Peratt reque.t. Thi, requ!re.ent .hall b. mad. known to .11
prospective buyen of properties foT' which building. permit. will b.
required prior to the .tart of building-con.truction.
h) Th.-County villI.... to the D.v.lop'~ for op.ratloD .nd maip~n.ne~
the viter dlnrlbutloo 'Dd/or ..vage 6011ecUoD and trannlnloo .y.t~.
for the au. of $10.00 per year, when 'Deb ayst.m 1. Dot CODnect.d to the
off-eit. v.t~r and/or B.ver facl1itte. ovn.d and operated by the County.
Tenus of the leue shall be: detet'1lliDed upon completion of the proposed
utility con.truction and prior to sctiYation. of the vater aupp1r,
treat.ent and distribution facil1tl.. and/or the .evaS. collection,
trannti8s1on and treatment facilities. The Leale, it r.quired. aball
remain in effect until the Countr can provide vater and/or .e~er .ervlc.
through ita olf-.ite lacl11th. or until auch t1me that bulk rate vater
and/or .ever aervice agreement. are negotiated witb tb. Intert. utility
.y.t~ .erving the project.
,..,:
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B) Data required UDder County Ordinance No.. 80-112 .hov:l.nl the avail-
ability of aevage .ervice, DUet b. .ubaitted and approved by tbe
Utilities Division prior to apprOTal of tbe conatruction docUIMat. for
the proj.ct. Sublt a copy ot tile approved Dn peradt. for the ..vag.
collection and tranrataa!oD 8yst.ma and the va.tevater tre.t~nt facilley
to be utilized, upon receipt thereot.
C) If an interia on-81te vater aupply, trea~nt And tran.-1.aion
facility i. utilized to ae~e tbe propo.ed project, it .uet ba prop.rly
.i:ed to aupply a..ral. and pa.k day dome.tic d...nd, in'addition to fira
flaw demand at a rate approvad by the appropriatl Fir. .Control Di.trict
servicing tbe project area.
V) Construction and ovner.h1p of thl vater and 'e~r tacilitie.,
includins act proposed lntert. Water and/or aewage treat..nt tacl1it!ea,
.b.ll be in compliance with all Utiliti.s Division Standard., Polieiea.
Ordinances, Practices, etc. in effect at the time can.tructlcn apprOTal
i. rfl;que.lt.e.d.
E) Detailed hydrsulie deafen report. eoveriul the water diatribution and
,evage collection and tranacl.alon .y.t~ to ..rie the project muat b.
aub1aitted vith the eonetruction docWNnta for the project. The nportl
.hall It.t all de.leu ...u.pt!oaa, de=and rate. and otber factor.
pertinent to the .yste. under con.ideration.
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Y) Prior to approval of conatructloa document I by the Utiliti.. Division,
tbe Developer CUae preeent verifieation. puranent to Ch.ptar 367, 710r14.
Statutu, that the Florid. Public Service Co_ba1on hu Eranted territo-
rial ~lght. to the Developer to piovldi aever and/or WAter aerviee to the
project. if an interim treatment fac1l1ty(lu) 18 n~ulred, until th.
County can provide the.. urvlee. through ita vater and aever hc:l11tlea.
C) 'olh,!D the County has the abilHy to provide ..vaS& treatment ~nd":":':
d1apoid anr! Vater luppl, urvleu," the.': Developer.. hit ....ten.. or( :
suec...ora viII b. reaponsible to connect to tho.. tacIIlt!.. at a point to
b. .et.bIt.hed by the County, with the Daveloper a..umiDa all, coat. for the
connectioD '~rk to b. parformed.
R)' Section 4.01 B Utilities of tha PUn document ahall b. ravi.ed to make
refer.nca to this aemorandu., by dace, and apecify the Petitioner'.
acceptance of the atipulation. cootained herein. A tevbed copy ot the POO
document And draft Ordinance for tha razoD!ns approval must b. submitted to
tha Otilities Diviaion for revlev and approval prior to the Petition beiDa
cone ide red by th. Board of County Co=m1..ioner..
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STATE OF ;LC~~~A
caus~ OF COt~I!R
!. Jk~ES :. G!~ES, Cle=~ of :ourts in and for the
~wentleth Judicial Ci~cult, Coll~e= County, ~lor~~a, do
hereby certjfy t~a~ t~e !ore~c~~~ ~s a true original ot
O?:):~~A~~:!: :-:~. a6-~S
t~at ;,'.).5. allo:.:~.~.~ "'f .,:'.C,' 3C;a:-~ o~ County Co;:n:J~ssjo;:ers d'\4:-ing
Regular Sess:o~ ~:: t~e 26t~ ~~y 0: Au~~st, 192(.
WI7NESS ~y ~a~~ an~ t~p. c~~~c~a; seal of the 30ard at County
Com~1&sloner5 of Co:::er Co~~ty. r:o=icla, th:s 2~~ day of
Se.,te:nber. :986.
; A::~S C. G:L~S
C1e:-k o~ Co-..:rts a.!'l.~..C~~n1;...."
::::':-o~1'ic~o to the.i:J!o'~!"."V~/.f""'"
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ORDINANCE 97-~
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AN ORDINANCE AMENDING ORDINANCE NUMBER
",91-102, THE COLLIER COUNTY LAND DEVELOPMENT
~ CODE, WHICH INCLUDES THE COMPREHENSIVE
'ZONING REGULATIONS FOR THE UNINCORPORATED
ARSA OF COLLIER COUNTY, FLORIDA, BY
AMENDING THE OFFICIAL ZONING ATLAS MAP
NUMBERED 8630N BY CHANGlNG THE ZONING
CLASSIFICATION OF THE HEREIN DESCRIBED REAL
PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT
DEVELOPMENT KNOWN AS THE STILES PUD, FOR
PROPERTY LOCATED ON THE SOUTH SIDE OF
IMMOKALEE ROAD (C,R, 846) APPROXIMATELY ~
MILE WEST OF THE INTERSECTION OF 1-75 AND
IMMOKALEE ROAD, IN SECTION 30, TOWNSHIP 48
SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA, CONSISTING OF 18,l3 ACRES,
PROVIDING FOR THE REPEAL OF ORDINANCE
NUMBER 86-58, AS AMENDED, THE FORMER STILES
PUD; AND BY PROVIDING AN EFFECTIVE DATE.
Agenda Item No
.June 12, 2
Page 83 of
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WHEREAS, Barbara H. Cawley, AICP of Wilson, Miller, Barton & Peek,
Inc., representing Owen M. Ward, Trustee, petitioned the Board of County
Department of State.
-1-
real property;
Commissioners to change the zoning classification of the herein described
COLLIER COUNTY, FLORIDA;
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
SECTION ONE:
The Zoning Classification of the herein described real property
located in Section 30, Township 48 South, Range 26 East, Collier County,
Florida, is changed from "PUD" to llPUD" 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 numbered 8630N, as described in Ordinance Number 91-102,
SECTION TWO:
the Collier County Land Development Code, is hereby amended accordingly.
Ordinance Number 86-58, as amended, known as the Stiles PUD, adopted
on August 26, 1986 by the Board of County Commissioners of Collier
~unty, is hereby repealed in its entirety.
SECTION THREE:
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.
This Ordinance shall become effective upon filing with the
PASSED AND DULY ADOPTED by the Board of County Commissioners
Collier County, Florida, this .,) ~- day of '/"t.. ."h. , 1997.
Agenda Item N
of June 12,
Page 84 of
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
"
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./
Approved as to Form
Legal Sufficiency
and
'ry,~,;.'ffi,~
Marj ie M. Student
Assistant County Attorney
'This ordlnone. flied wit" the
SKretory of St9!I'S Offlu the
U&day of ~ . LU2..
end oc:knowleodgenwnt of thot
filing .Mc!ive-d thi" rz;S. de.,
of ....~_.. /'~7 7"/ ~
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.
STILES PUD
PLANNED UNIT DEVELOPMENT
AMENDMENT
Section 30
Township 48 South, Range 26 East
"oilier County, Florida
PREP ARED FOR:
OWEN WARD, TRUSTEE
866 97TH A VENUE NORTH
NAPLES, FLORIDA
PREPARED BY;
Barbara H. Cawley, AICP
WILSON, MILLER, BARTON & PEEK, INC.
3200 Bailey Lane, Suite 200
Naples, Florida 34105
DATE ORIGINALLY APPROVED
ORDINANCE NUMBER
AMENDMENT DATE
ORDINANCE NUMBER
AMENDMENT FILED
OROINANCE NUMBER
".oenda Item No, 88 I
- June ',2, 2007
Page 85 of 123
AUfust 26. 1986
H6::SS
.Jllne 24. 1988
~
.Julv 31. 1997
97-74
---~~._-
l.
.
I
TABLE OF CONTENTS
TABLE OF CONTENTS
LIST OF EXHIBITS
STATEMENT OF COMPLIANCE AND SHORT TITLE
SECTION I
LEGAL DESCRIPTION, PROPERTY
OWNERSHIP, & GENERAL DESCRIPTION
SECTION II
PROJECT DEVELOPMENT
SECTION III
INTERCHANGE COMMERCIAL
LAND USE DISTRICT
SECTION IV
DEVELOPMENT COMMITMENTS
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Agenda Item No, 88
June 12, 2007
Page 86 of 123
ii
iii
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Exhibit A
Exhibit B
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,Ll,genda Item No. SB
June 12,2007
pgge 87 of 123
LIST OF EXHIDITS
PUD Master Plan (WMB&P File No, RZ - 251)
Map of Boundary Survey (WMB&P File No, 4L-11 04)
ii
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l
Agenda Item No, 88
,June 12. 2007
Page 88 of 123
STATEMENT OF COMPLIANCE
This document amends and restates the PUD Ordinance Number 88-54, as amended, It is
submitted by Owen Ward, Trustee, hereinafter referred to as the Developer. This PUD, as
amended and restated, pertains to 18,[) acres of land located in Section 30, Township 48 South,
Range 26 East, Collier County, Florida, TIlis document is required by the Collier County Board
of County Commissioners in accordance with Section 2,7,3.4 of the Collier County Land
Development Code which requires an unimproved PUD to be made consistent with all sections of
the current Growth Management Plan and Land Development Code if development has not
commenced within five years of the approval date, This amended and restated PUD document is
intended to comply with the items listed by the Board of County Commissioners as not
consistent, to bring the Stiles PUD into compliance with the Growth Management Plan and Land
Development Code, but not to significantly change the underlying commercial zoning of the
PUD,
The name of this Planned Unit Development is "The Stiles PUD" hereinafter called "the Project",
The development of the Project is in compliance with the planning goals and objectives of Collier
County as set forth in the Growth Management Plan and with other land development regulations
adopted thereunder, including but not limited to the Collier County Land Development Code
(hereinafter called the Code) forthe following reasons:
I. The subject property is in the Interstate Activity Center as identified on the Future Land Use
Map as required in Objective I of the Future Land Use Element (FLUE), The purpose of the
Interstate Activity Center is to concentrate almost all new commercial zoning in locations
where traffic impacts can readily be accommodated, to avoid strip and disorganized patterns
of commercial development and to create focal points within the community,
2, The proposed development intensity and use of the Project for commercial actIvIty as
specified in Section 2,6 and Section III of this PUD document is consistent with Section VI of
the FLUE which allows for a full array of commercial uses at designated Interstate Activity
Centers,
.
3. The Project 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, Improvemen!.'; are planned to be in compliance with applicable land development regulations
as set forth in Objective 3 of the Future Land Use Element.
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,4genda item No. 88
June; 2 2007
Page 39 of 123
I
5, The development of the Project will result in an efficient and economical extension of
community facilities and services as required in Policies ),1.H and L of the Future Land Use
Element
6, The Project is planned to incorporate natural systems for water management in accordance
with their natural functions and capabilities as may be required by Objective 1.5 of thc
Drainage Sub-Element of the Public Facilities Element.
7, The Project is a functionally interrelated commercial development and is planned to
encourage ingenuity, innovation and imagination as set forth in Section 2,2,20,1 of the Code,
and Section VI and Policy 5,6 of the Future Land Use Element.
8, The Project is located within a designated Interstate Activity Center within the Urban District,
thereby discouraging urban sprowl as required by Policy 5,) of the Future Land Use Element.
9, The Project is served by a complete range of services and utilities from Collier County,
SHORT TITLE
This ordinance shall be known and cited for the purpose of the updating of the existing Stiles
PUD, as amended, as "THE STILES PLANNED UNIT DEVELOPMENT ORDINANCE."
.
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.I\genda Item No, 88
clune 12, 2007
Page 90 of 123
SECTION I
LEGAL DESCRIPTION, PROPERTY OWNERSHIP,
AND GENERAL DESCRIPTION
1.\ PURPOSE
The purpose of this section is to set fonh the legal description and ownership of the
Project, and to describe the existing condition oflhe propeny proposed to be developed,
1.2 LEGAL DESCRIPTION
The Project contains approximately 18,13 acres and is described as follows:
Part of the west 'I, of the northeast 'I. of the northwest 'I. of Section 30, Township 48 South,
Range 26 East, Collier County, Florida,
less and excepting therefrom:
the nonh 100 feet thereof:
and funher less and excepting therefrom
the lands described in : OR Book 374, Pages 572-573
OR Book 1545, Pages 443-444, and
OR Book 1837, Pages 1099-1101
of the Public Records of Collier County,
The map of the Boundary Survey (WMB&P File No, 4L-I 104) is attached at Exhibit B.
I.J PROPERTY OWNERSHIP
The subject property is currently under the ownership of Owen M, Ward, as Trustee, 866
97th A venue North, Naples, Florida,
.
1.4
GENERAL DESCRIPTION THE PROJECT:
A, The Project site is generally located on the south side of Immokalee Road (CR
846) and is approximately one quarter mile from the I-75-Imrnokalee Road
intersection, The Project has direct access onto Immokalee Road via an existing
median opening which aligns with the approved Pelican Strand (lka Regency
Village) PUD to the north,
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Agenda Item !\Jo. 83
June 12, 2007
Page 91 of 123
B, The Project is currently zoned PUD as a planned interchange commercial center
which includes a mixture of interchange oriented commercial facilities and waler
management related clements,
C, Elevations with the Project range from 12.4 feet to 13,6 feet above mean sea level.
The Projeet is located within zone X of the FEMA Firm Maps,
D, The soil types found on the Project are Arzell fine sand and Broward fine sand,
These sands are well drained with no wetlands on site,
E, Vegetation on the Project is predominately pine flatwoods with the dominant plant
species being slash pine, saw palmetto and numerous grass species,
.
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Agenda Item No, 88
June 12, 2007
Page 92 of 123
SECTION II
PROJECT DEVELOPMENT
2,1 PURPOSE
The purpose of this Section is to generally describe the plan of development for the
Project, and to identify relationships to applicable County ordinances, policies, and
procedures,
2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
The Project includes a range of interchange commercial uses, stormwater management,
lakes, and buffer areas, TI," PUD Master Plan is illustrated graphically on Exhibit "A",
PUD Master Plan (WMB&P, Inc, File No, RZ-251), The Dcvelopcr intcnds to establish
Project wide guidelines and standards to ensure a high and consistent level of quality for
the proposed land uses, Uniform guidelines and standards will be created for such
features and facilities as landscaping, signage, lighting, roadway treatments, fences, wall,
buffers, berms and other similar features, The Project will comply with the Architectural
Review Guidelines as adopted in the Code, A Land Use Summary indicating approximate
land use acreage is shown on the plan,
2.3 GENERAL COMPLIANCE WITH COUNTY ORDINANCES
.
A. 111e development of the Project shall be in accordance with this PUD Ordinance
and applicable sections of the Code (to the extent they are not inconsistent with
this PUD Ordinance) which are in effect at the time of issuance of any
development order which authorizes the construction of improvements to which
said regulation applies, These include, but are not limited to Final Subdivision
Plat, Excavation Permit and Preliminary Work Authorization, Where this PUD
Ordinance docs not provide developmental standards, then the provisions of the
most similar zoning district or section of the Code shall apply,
B,
Unless otherwise defined herein, or as necessarily implied by context, the
definitions of all terms shall be the same as the definitions set forth in the Code in
effect at the time of development order application,
C. Development pennitted by this ordinance will be subject to a concurrency review
under the Adequate Public Facilities Ordinance Code Section 3,15,
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2 - I
,~aeilda Item No. 88
, June 12, 2007
Pa';18 93 of 123
D, All conditions imposed herein or as represented on the Project PUD Master Plan
(PUD Master Plan) are part of the regulations which govern thc manner in which
the land may be developed,
E, The Subdivisions Division of the Code (Article 3, Division 3,2) shall apply to the
Project, except where an exemption is set forth herein or othcnooisc granted
pursuant to Code Section 3,2.4,
2.4 ROADWAYS
Standards for roads shall be in compliance with the applicable provisions of the
Code regulating subdivisions, unless otherwise approved during Preliminary
Subdivision Plat approval.
2,5 LAND USES
A, The location of land uses are shown on the PUD Master Plan, Exhibit" A." Minor
changes and variations in building tracts, location and acreage of these uses shall
be permitted at Preliminary Subdivision Plat approval and Final Plat approval to
accommodate topography, vegetation, stormwater design, and other site conditions
subject 10 Code Section 2,7.3.5, The specific location and size of individual tracts
and the assignment of square footage shall be determined at the time of
Preliminary Subdivision Plat approval.
B, Since the property is 10 be developed over an estimated nine year time period, any
projection of Project development can be no more than an estimate based on
current marketing knowledge, The estimate may change depending upon future
economic factors.
C,
Roads and other infrastructure may be either public or private, depending on
location, capacity, and design, The determination as to whether a road shall be
public or private shall be made by the Developer at the time of Preliminary
Subdivision Plat approval. Developer shall create an appropriate declaration of
covenants and a property owners association which will be responsible for
maintaining the roads, streets, drainage, water and sewer improvements where
such systems are not dedicated to a governmental agency,
.
D, All buildings, landscaping and visible infrastructure shall be architecturally and
aesthetically unified, Said unified architectural theme shall include a similar
architectural design, use of materials and colors throughout all of the buildings to
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2-2
HOoIS<l-oo:.oce.I'P\JD-2090~
..-------- --~-
Agenda Item No. 88
June 12, 2007
Page 94 of 123
r
be erected on the site, A conceptual design master plan shall be submitted
concurrent with the first application for Site Development Plan approval.
2.6 PROJECf INTENSITY
The total acreage of the Stiles PUD is approximately 18,13 acres, The Interchange
Commercial retail and office uses shall have a maximum gross floor area of 7500 square
feet per gross acre for a maximum square footage of 135,975 square feet. The office uses
shall be permitted at 15,000 square feet per gross acre and the hoteUmotel use is pennined
at 26 units per gross acre, Interchange Commercial pennined principal uses are permitted
throughout the 18,13 acre pan:c1 in accordance "ith the requirements stated in this PUD
document
2. 7 SITE CLEARING AND DRAINAGE
Clearing. grading. earthwork, and site drainage work shall be perfonned in accordance
"ith the Code and other appl icable governmental agencies and the standards and
commitments of this document.
2,8 EASEMENTS fOR UTILITIES
All necessary easements, dedications, or other instruments shall be granted to insure the
continued operation and maintenance of all service utilities in compliance with applicable
regulations in effect at the time approvals are requested,
2,9 LAKE SETBACK AND EXCA VA TION
The lake setback requirements described in Code Section 3.5,7.1, may be reduced with the
administrative approval of the Collier County Development Services Director, All lakes
greater than two (2) acres may be excavated to the maximum commercial excavation
depths set forth in Code Section 3,5,7,J,I, subject to meeting the County fetch formula;
however, removal of fill from the Project shall be limited to an amount up to JO percent
(to a maximum of20,OOO cubic yards) of the total volume excavated unless a commercial
excavation permit is received,
.
2.10
OFF-STREET PARKING AND LOADING
All off-street parking and loading facilities shall be designed in accordance with the Code
Section 2.3,
2,11
USE OF RIGHTS-Of-WAY
Lands within the Project rights-of-way may be utilized for landscaping, decorative
entrance ways, and signage, if a review of the proposed uses, during the development
10'II97.n7n v.., or'.Bc....I.,.
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Agenda Item No, 88
June 12, 2007
Page 85 of 123
review process and prior to any installations, by the Collier County Development Services
Director shows no adverse engineering or safety considerations,
2,12 SIGNS
Minimum standards for signs shall be in accordance wilh Code Section 2,5 in eITect at the
time final local development orders arc requested,
2.\3 OPEN SPACE REQUIREMENTS
.
Pursuant to Code Section 2,6.32 at least thirty percent (30%) of the Project shall be
devoted to usable open space, The lotal Project is 18.13 acres requiring a minimum of 5.4
acres to be retained as open space, The open space calculation indicated on the PUD
Master Plan identifies 5.4 Lres including lakes, miscellaneous butTers and open space
areas which meet the requirement.
2.14 NATIVE VEGETATION RETENTION REQUIREMENTS
The Project shall retain fifteen percent or 2,7 acres of the viable naturally functioning
vegetation on site as required by Section 3,9.5,5.4 of the Code. This shall be monitored at
each Preliminary Subdivision Plat submittal. The Developer shall receive credit from any
phase where the 15% amount is exceeded to be applied to a phase where it is not. In any
phase of development where credit toward the 15% is needed, the Developer shall
delineate on the Preliminary Subdivision Plat the percentage of viable naturally
functioning native vegetation retained and/or areas of landscaping and open space which
are planted with native species, The Developer shall show the calculations on each
Preliminary Subdivision Plat which totals the overall 15% for the Project build-out.
2.15 TIME LIMITS OF PLANNED UNIT DEVELOPMENT APPROVAL
The time limits for the Project are as provided for within Code Section 2,7.3.4,
2.16
PUD MONITORING
An annual monitoring report shall be submitted pursuant 10 Code Section 2,7.3 ,6,
2,17
IMPACT FEES
Development within the Project shall be subject to all lawfully adopted impact fees
appropriate for each land use in effect at the time of development and in accordance with
prior agreements between the Developer and the County,
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1
Agenda Item No, 88
June 12,2007
Page 96 of 123
SECTION III
INTERCHANGE COMMERCIAL LAND USE DISTRICT
3.1 PURPOSE
The purpose of this section is to set forth the permitted uses and development standards
for the development of the Project.
A. PERMITIED USES AND STRUcrURES
No building or strur"lfe or part thereof, shall be erected, altered or used, or land
uses, in whole or part, for other than the following:
Interchange Commercial Permitted Principal Uses and Structures permitted
throughout the 18,13 acre parcel:
i. Accounting, Auditing and Bookkeeping Services (Group 872I),
ii. Amusement and Recreation Services (Groups 7911- 7941,7991,7993).
iii. Apparel and Accessory Stores (Groups 5611-5699),
IV, Auto and Home Supply Stores (Group 5531),
V, Automotive Repair, Services, and Parking (Groups 7514, 7515, 7534,
7542) (no service bays shall face Immokalee Road),
vi. Building Materials, Hardware and Garden Supplies (Groups 5211-
5261),
.
vii.
Business Services (Groups 7311, 7313,7334-7335,7371-7379,7384).
viii. Child Day Care Services (Group 8351),
ix, Miscellaneous Retail (Groups 5912-5963, except pawnshops and all
uses dealing with secondhand merchandise, 5992-5999),
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x. Depository Institutions (Groups 6011-6099).
N04~..ooe-pI'tJl).2090S
3 - 1
XI,
xii.
xiii.
xiv,
xv,
XVI.
xvii.
xviii.
xix,
xx,
XXI.
xxii.
.
xxiii.
Aoenda Item No, 88
~ .Iune 12, 2007
Page 97 of ',23
Eating and Drinking Places (Groups 5812-5813),
Electrical Repair Shops (Group 7622 automotive radio, radio,
television, stereo and video recorder repair only, 7629 except aircrafi,
business and office machines, large appliances such as refrigerators and
washing machines),
Engineering, Accounting, Research, Management, and Related Services
(Groups 8711-8713, 8721, 8741-8743, 8748),
Food Stores (Groups 5411-5499),
Gasoline ~~rvice Stations (Group 5541 except marine service stations
and truck stops subject to Section 2,6,28),
Group Care Facilities (Category I and II); Care Units except for
homeless shellers; and Nursing Homes, subject to Sec, 2,6,26),
General Merchandise Stores (Groups 5311-5399),
Health Services (Groups 8011-8049, 8082, 8093, 8099),
Holding and Other Investment Offices (Groups 6712-6799),
Home Furniture, Furnishings, and Equipment Stores (Groups 5712-
5736),
Hotels and Motels (Group 701] in accordance with the development
standards in this PUD document),
Insurance Agents, Brokers, and Service (Group 6411),
Insurance Carriers (Groups 6311-6399),
XXIV. Libraries (Group 8231),
xxv, Legal Services (Group 8111),
xxvi. Membership Organizations (Groups 8611-8661, 8699),
1lW/97.2V141 v. OIT.ac.""ky
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3 - 2
Agenda Ilem No, 88
June 12, 2007
Page 98 of 123
xxvii. Miscellaneous Personal Services (Groups 7211, 7212, 7215, 7216 non-
industrial dry cleaning only, 7221-7251, 7291),
xxviii. Miscellaneous Repair Services (Group 7631),
xxix, Museums and Art Galleries (Group 8412).
xxx, Nondepository Credillnstitutions (Groups 6111,6163),
xxxi. Paint, Glass and Wallpaper Stores (Group 5231),
xxxii. Public Finance, Taxation and Monetary Policy (Group 9311 property
tax assessors' office and taxation departments only).
xxxiii. Public Order and Safety (Groups 9211 and 9224),
xxxiv, Real Estate (Groups 6512, 6531-6552),
xxxv, Social Services (Groups 8322 activity centers, elderly or handicapped,
adult day care centers; and day care centers; adult and handicapped
only, and 8351),
XXXVI. United States Postal Service (Group 43 I], except major distribution
center),
xxxvii. Veterinary Services (Groups 0742, 0752, excluding outside kenneling),
XXXVIII, Video Tape Rental (Group 784]),
xxxix,
Any other commercial use or professional service which is comparable
in nature with the foregoing uses and which the Development Services
Director determines to be compatible in this district.
.
8, Permitted Accessory Uses and Structures
I. Uses and structures that are accessory and incidental to uses permitted in
this district.
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Aaenda item hl:J. 88
~. June 12. 2007
Page ,)9 of 123
3.2 DEVELOPMENT STANDARDS FOR ALL PERMITIED USES EXCEPT
HOTEL AND MOTEL USE
Minimum Lot Area: Ten thousand (10,000) square feet,
Minimum Lot Width: One hundred feet (100'),
Minimum Yard Requirements:
From lmmokalee Road: Fifty feet (50')
,
Front Yard: Twenty-five feet (25'),
All other yards: Fifteen feet (J 5'),
Maximum Height: 1hirty-five feet (35'), except for non-functional architectural
elements (such as bell towers), which shall have a maximum height of fifty feet
(50'),
Minimum Floor Area of Principal Structure: Seven hundred (700) square feet
gross floor area for each building on the ground floor,
Distance between principal structures: None, or a minimum of five feet (5') with
unobstructed passage from front to rear yard,
Minimum standards for lighting and landscaping shall be in accordance with the
Code in effect at the time final local development orders are requested,
No outside display of merchandise or storage is permitted unless horizontally
visually screened by an acceptable vertical structure,
33 HOTEL AND MOTEL DEVELOPMENT STANDARDS
Minimum Lot Area: One (1) acre,
Minimum Lot Width: One hundred fifty feet (J 50'),
.
Minimum Yard Requirements:
I, From Immokalee Road: Fifty feet (50')
2, Front Yard: Fifty-five percent (55%) of building height with a minimum
of twenty feet (20'),
3, All other yards: Twenty feet (20'),
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Agenda Item No, 88
June 12, 2007
Page 100 of 123
Maximum Height: Sixty feet (60') or six stories, whichever is greater,
Distance between principal structures: Fifteen feet (15') or one-half (V,) the sum of
the building heights, whichever is greater,
Minimum standards for lighting and landscaping shall be in accordance with the
Code in etTect at the time final local development orders are requested..
3.4 BUFFERS
Minimum standards for butTers shall be in accordance with Code Section 2.4 in effect at
the time linallocal development orders are requested, unless otherwise specified herein or
on the PUD Master Plan, Exhibit A.
All butTer setbacks shall be measured from platted lot boundaries, The following
identilies the buffer according to land use type:
Internal Buffers on:
A. Interchange Commercial:
I, 10' adjacent to hotel parcel
2, 10' adjacent to internal rights-of-way
), 10' adjacent to eastcrn boundary with Donovan PUD except 0' where the
joint access road is proposed
B,
Hotel:
I.
2,
),
10' adjacent to commercial parcels
10' adjacent to internal rights-of-way
10' adjacent to eastern boundary with Donovan POO except 0' where the
joint access road is proposed
.
The butTer on the western and southern Project boundaries shall be kept in native
vegetation existing on the site to the maximum extent possible or shall be planted with
native vegetation in those areas devoid of native vegetation,
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fi.aencJa ilem No. 88
--' June 12, 2007
Page 101 of 123
SECTION IV
DEVELOPMENT COMMITMENTS
4.\ PURPOSE
The purpose of this section is to set forth the development commitments of the Project.
4.2 ENGINEERING
A, Detailed paving, grading, site drainage and utility plans shall be submitted to the
Development Services Division for review, No construction permits shall be
issued unless and UJ. 'I approval of the proposed construction in accordance with
the submitted plans is granted by the Development Services Division,
B, Access to all parcels fronting Immokalee Road shall be from the main entrance
road with no direct driveway access from each parcel to Immokalee Road,
C, The main road shall meet the minimum pavement standard for a minor collector.
The required right-of-way may be as required for a local street.
4,3 UTILITIES
A, Water distribution, sewage collection and transmission and interim water and/or
sewage treatment facilities to serve the Project are to be designed, constructed,
conveyed, owned and maintained in accordance with Collier County Ordinance
No, 88-76, as amended, and other applicable County rules and regulations or other
applicable agency regulations, as may be appropriate,
B.
All customers connecting to the water distribution and sewage collection facilities
to be constrUcted will be customers of the County and will be billed by the County
in accordance with the County's established rates,
.
C, The utilities for the Project's water distribution and wastewater collection systems
shall be designed and constructed to connect the Project to the District's facilities
in accordance with County criteria and the County's Master Plan,
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I
Agenda Item No, 88
June 12, 2007
Page 102 of 123
4,4
WATER MANAGEMENT
A, A copy of South Florida Water Management District Pennit or Early Work Pern1it
is required prior to construction plan approval.
B. Detailed water management plans and calculations, signed and sealed by a Florida
Professional Engineer shall be provided,
C. An Excavation Permit will be required for the proposed lakes in accordance with
Section'3.5 of the Code and the South Florida Water Management District Rules,
4.5 ENVIRONMENTAL
A, As set forth in Sectio" 2,!5 herein, the Developer will retain the maximum amount
of native vegetation possible as part of the landscape butTers within the Project.
This acreage shall be counted toward the required 15% native habitat requirement
under the Code,
B. Petitioner shall submit an Environmental Impact Statement at the time of the next
Development Order submittal.
C. This Project shall be in compliance with the Collier County Land Development
Code, the Collier County Growth Management Plan, Coastal and Conservation
Management Element in effeet at the time of the first Development Order
approval.
4,6 TRANSPORTATION
A, The Developer has provided left and right turn lanes on Immokalee Road at the
Project entrance,
B.
The Developer shall make a fair share contribution toward the capital cost of a
traffic signal at the Project entrance when deemed warranted by the County.
.
c.
All traffic control devices on public roadways, excluding street name signs, shall
conform to the Manual on Unifonn Traffic Control Deviees as required by
Chapter 316, Florida Statutes,
0, The applicant shall be responsible for the installation of arterial level street lighting
at all Project entrances at the time of approval of the Final Subdivision Plat.
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4-2
A,~enda Item No. 88
, June 12, 2007
Page 103 of 123
E, The above required improvements are considered "site related" as de lined in the
Code and shall not be applied a credits toward any impact fees,
F. The original PUD required that the Developer dedicate land for the widening of
Immokalee Road, The Developer has previously satislied this requirement by
conveyance of a twenty-live foot (25') strip of land by deed recorded in Omcial
Records Book 1545 at Page 443 of the Official Records of Collier County,
Florida, In addition the Developer conveyed additional land for the expanded
Immokalee right of way by deed recorded in Official Records Book 1837 at
Page 1099,
Q, The original PUD provided that a cross drain across Immokalee Road to the
canal on the north be incorporated and that the County be provided with access
to it for use in connection with the future six-laning of Immokalee Road, This
work was completed and paid for by the Developer under an agreement between
rhe Developer and the County dated May 4, 1993, The requirements have been
satisfied,
H, The original PUD strongly recommended the extension of the then existing four-
laned section of Immokalee Road west and through the proposed construction of
a four lane median opening on Immokalee Road aligned with the eastern
boundary of the Project and Pelican Strand (lka Regency Village) to the north of
lmmokalee Road, The median opening was constructed and paid for by the
Developer under the agreement with the County dated May 4, 1993, The four-
laning has been completed to the west The four lane extension is subject to a
fair share lOad impact fee credit applicable to the added through lanes,
I.
The Project entry from Immokalee Road will be along its eastern boundary so as
to align with the present median cut in and proposed traffic signal on Immokalee
Road at the entrance to Pelican Strand. The entry will be designed so that it can be
inter-connected to and used by the lands that are located to the east of the Project
and west of 1-75, The inter-connection and use of the entryway by the adjoining
landowner will be pursuant to a mutually agreeable cross use or cross easement
agreement
.
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Aoenda item 1\10, as
~ June 12, 2007
Page 105 of 123
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 copy of:
ORDINANCE NO, 97-74
Which was adopted by the Board of County Commissioners on the 25th day
of November, 1997, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 26th day of November,
1997.
","
.
DWIGHT E. BROCK ,."...,;",.'"..,;,
Clerk of Courts and:~~e~~:~,',~ '.
Ex-officio ~o ~o~&:d '?f~':''"i,l .~; ,
County corrun1ss1on,~";, ::.1, .:')'>
~ ,:,."';.i.."c:,
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~~~ " =
........= ,t . I " '"/:
By: Maureen Kel'lYt:>n" ,/. '.,' ,'; :
Deputy Clerk\ </, ..,.'~...
J~. '":;i'~'"
.f..........
Agenda Item No, 88
June 12, 2007
Page 106 of 123
Co~r County
--""'""'".\""..."..;".."'"'-,.,._..,.-
FROM THE DESK OF KAY DESELEM
4/23/07
Planning Commission Members & Staff:
Please note there is no strike thru/underline version of the Stile PUD
in this packet.
While it initially appears that this petition is a request for a "PUD to PUD"
rezoning that would include a strike thruJunder version of the previous
PUD that is not the case in this instance, The Gaspar Station petition was
required to submit an entirely new PUD application for this rezoning, The
Stiles PUD has sunsettcd and essentially is no longer valid,
Zoning & Land Developmcnt Review 213-2931
,~,genda Item I~o, 83
June ',2, 2007
Page 107 of 123
ORDINA,,'lCE NO, 07-_
_"'--'I ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
."'--'vlE)ll)ING ORDINk'lCE )!UMBER 04-41, AS
k'\1E)ll)ED, THE COLLIER COUNTY L."ND
DEVELOPMENT CODE, ViHICH INCLUDES THE
CO'\1PREHENSIVE ZOlo<lNG REGULATIONS FOR THE
IDITNCORPORATED AREA OF COLLIER COUNTY,
FLORIDA. BY AME)ll)ING THE APPROPRIATE ZOl\1NG
ATLAS MAP OR MAPS BY CR'illGING THE ZOlo<1NG
CLASSIFICATION OF THE HEREIN DESCRlBED REAL
PROPERTY FROM PLANNED UN1T DEVELOPMENT
(PUD) TO COMMERCIAL PL."'--'lNED U1\1T
DEVELOPMENT (CPUD) FOR A PROJECT TO BE KNOWN
AS THE GASPAR STATION CPUD, FOR PROPERTY
LOCATED ON THE SOUTH SIDE OF IMMOKALEE ROAD
(CR 846), APPROXIMATELY OKE QUARTER MILE \VEST
OF THE 1-75/IMMOKALEE ROAD, INTERCHA-NGE, IN
SECTIO:-l 30, TOVi:-lSHIP 48 SOUTH, ~'illGE 26 EAST,
COLLIER COUNTY, FLORIDA, CONSISTING OF 17,7
ACRES; PROVIDING FOR THE REPEAL OF ORDINk"lCE
NUMBER 97-74, AS AMENDED, THE STILES
CORPORATIO:-l PUD; AND BY PROVIDING ,'ill
EFFECTIVE DATE,
V-lHEREAS, Margaret Perry, AICP of \VilsonMiller, Inc, representing A. Grover
Matheney, as successor trustee, petitioned the Board of County Commissioners to change
the zoning classification of the herein described real property.
'\OW, THEREFORE, BE IT ORDA,INED 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
30, TO'l.\illShip 48 South, Range 26 East, Collier County, Florida, is changed from Plarmed
Unit Development (PUD) to Commercial Planned 1,7nit Development (CPT.TD) for a
project to be known as the Gaspar Station CPLlJ in accordance with the CPUD
Document, attached hereto as Exhibit "A", which is incorporated herein and by reference
made part hereof. The appropriat.e zoning atlas map or maps, as described in Ordinance
Number 04-41, as amended, the Collier County Lalld Development Code, is/are hereby
amended accordingly.
SECTlO:-l TWO:
Ordinance )fumber 97-74, as amended, knovm as the Stiles Corporation PUD,
adopted on Kovember 25, 1997, by the Board of County Commissioners of Collier
County, is hereby repealed in its entirety.
Gaspar Station: PUDZ-2006-AR-I0698
Pagelof2
Agenda Item No, 88
June 12, 2007
Page 108 of 123
SECTION THREE:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by a super-majority vote by the Board of
County Commissioners ofCoUier County, Florida, this _ day of 2007,
ATTEST:
DWIGHT E, BROCK, CLERK
BOARD OF COUNTY CO:\1MISSIONERS
COLLIER COUNTY, FLORIDA
Deputy Clerk
BY:
JAMES N, COLETTA., CHAIRMAN
Approved as to form and
legal sufficiency
'M~t~ 1)1 !k,u/.M.d-~
MaIj . eM. Student-Stirling
Assistant County Attorney
PUDZ-2Q06-AR-l0698/KDISp
Gaspar Station: PUDZ-2006-AR-I0698
Page 2 of2
Revised 3/19/07
,4genda item !'~o. 88
.June 12, 2007
Page 109 of 123
Exhibit A
GASPAR STATION CPUD
COMMERCIAL PLANNED UNIT DEVELOPMENT
17,7 Acres located in
Section 30, Township 48 South, Range 26 East
Collier County, Florida
PREPARED FOR:
A, Grover Matheney,
As Successor Trustee
2351 SW 37'h Avenue, Apt. 1112
Miami, FL 33145
PREPARED BY:
R. Bruce Anderson
Roetzel & Andress, L,P,A,
850 Park Shore Drive
Trianon Centre, Third Floor
Naples, FL 34103
AND
Margaret Perry, AICP
Wilson Miller, Inc,
3200 Bailey Lane, Suite 200
Na~es, Rorida 34105
DATE FILED: October 20. 2006
DATE APPROVED:
ORDINANCE NUMBER:
r
TABLE OF CONTENTS
PAGE
TABLE OF CONTENTS/LIST OF EXHIBITS ii
SHORT TITLE iii
SECTION I LEGAL DESCRIPTION, PROPERTY 1-1
OWNERSHIP, & GENERAL DESCRIPTION
SECTION II PROJECT DEVELOPMENT 2-1
SECTION III INTERCHANGE COMMERCIAL
LAND USE DISTRICT 3-1
SECTION IV PRESERVE/NATIVE VEGETATION DISTRICT 4-1
SECTION V DEVELOPMENT COMMITMENTS 5-1
LIST OF EXHIBITS
Exhibit A
CPUD Master Plan
Revised 3/19/07
II
.I\aenda Item No, 88
- June 12, 2007
Page 11001123
Agenda item No. 88
June ~12. 2007
Pa,;e 111 of 123
SHORT TITLE
This ordinance shall be known and cited as "THE GASPAR STATION COMMERCIAL PLANNED
UNIT DEVELOPMENT ORDINANCE,"
Revised 3/19/07
iii
,
Agenda Item No, 88
June 12, 2007
Page 112 of 123
SECTION I
LEGAL DESCRIPTION, PROPERTY OWNERSHIP,
AND GENERAL DESCRIPTION
1,1 PURPOSE
The purpose of this Section is to set forth the legal description and ownership of the project,
and to describe the existing condition of the property proposed to be developed,
1,2 LEGAL DESCRIPTION
The project contains approximately 17,7 acres and is described as follows:
The west Y, of the northeast Y. of the northwest Y. of Section 30, Township 48 South,
Range 26 East, Collier County, Florida,
less and excepting therefrom: the north 100 feet thereof and the lands described in: OR
Book 374, Pages 572-573, OR Book 1545, Pages 443-444, and OR Book 1837, Pages
1099-1101 of the Public Records of Collier County,
1,3 PROPERTY OWNERSHIP
The subject property is currently under the ownership of A. Grover Matheney, as successor
trustee, to Owen Ward, Trustee, under that certain land trust agreement dated June 29,
1988, with the following address: 2351 SW 37th Avenue, Apt. 1112; Miami, FL 33145,
Revised 3/19/07
1-1
Aaenda Item No. 88
~ June ',2, 2007
Page 113 of 123
SECTION II
PROJECT DEVELOPMENT
2.1 PURPOSE
The purpose of this Section is to generally describe the plan of development for the project,
and to identify relationships to applicable County ordinances, policies, and procedures,
2,2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
The project includes a range of interchange commercial uses, stormwater management,
lakes, and buffer areas, The CPUD Master Plan is illustrated graphically on Exhibit "A.u
The developer intends to establish project wide guidelines and standards to ensure a high
and consistent level of quality for the proposed land uses, Uniform guidelines and
standards will be created for such features and facilities as landscaping, signage, iighting,
roadway treatments, fences, wall, buffers, berms and other similar features, The project
will compiy with the Architectural Review Guidelines as adopted in the Land Development
Code (LOG), A Land Use Summary indicating approximate land use acreage is shown on
the Master Plan,
2,3 GENERAL PERMITTED USES
Certain uses shall be considered general permitted uses throughout the Gaspar Station
Commercial CPUD except in the Preserve/Native Vegetation District. General permitted
uses are those uses which are typically part of the common infrastructure,
A, General Permitted Uses:
1, Water management facilities and related structures including lakes with
bulkheads or other architectural or structural bank treatments,
2, Guardhouses, gatehouses, and access control structures,
3, Architectural features and elements including walls, fences, arbors, gazebos
and the like,
4, Temporary construction and administrative offices for the developer and
developer's authorized contractors and consultants, including necessary
access ways, parking areas and related uses,
5, Landscape/hardscape features including, but not limited to landscape
buffers, berms, fences, water features and walls,
6, Fill storage, site filling and grading are subject to the standards set forth in
Section 2,8 of this CPUD,
8, Development Standards:
The following development standards shall apply to General Permitted Uses:
Revised 3/19/07
2-1
Revised 3/19/07
Agenda Item No, 88
June 12, 2007
Page 114 of 123
1,
Guardhouses, gatehouses, sign age, landscape features, and access control
structures shall be set back a minimum of ten feet from property lines,
Other general permitted uses (except fences) shall be set back a minimum
of five feet from property lines,
Maximum height of General Permitted Uses buildings - Thirty five feet,
2,
3,
4,
5,
Minimum floor area - None required,
Minimum lot or parcel area - None required,
6,
Standards for parking, landscaping, signs and other land shall be in
accordance with the LDC provision in effect at the time of site
development plan application,
2-2
Aaenda Hem No. 8B
~, June 12, 2007
Page 115 of 123
SECTION III
INTERCHANGE COMMERCIAL LAND USE DISTRICT
3,1 PURPOSE
The purpose of this Section is to set forth the permitted uses and development
standards for the development of the project.
A, Principal Uses and Structures:
No building or structure or part thereof, shall be erected, altered or used, or land uses,
in whole or part, for other than the following:
1, Accounting, auditing and bookkeeping services (Group 8721),
2, Amusement and recreation services (Groups 7911-7941,7991,7993),
3, Apparel and accessory stores (Groups 5611-5699),
4, Auto and home supply stores (Group 5531),
5, Automotive repair services, and parking (Groups 7514, 7515, 7534, 7542),
6, Building materials, hardware and garden supplies (Groups 5211-5261),
7, Business services (Groups 7311, 7313, 7334-7335, 7371-7379, 7384),
8, Child day care services (Group 8351),
9, Miscellaneous retail (Groups 5912-5963, except pawnshops and all uses dealing with
secondhand merchandise, 5992-5999),
10, Depository institutions (Groups 6011-6099),
11, Eating and drinking places (Groups 5812-5813),
12, Electrical repair shops (Group 7622 automotive radio, radio, television, stereo and
video recorder repair only, 7629 except aircraft, business and office machines, large
appliances such as refrigerators and washing machines),
13, Engineering, accounting, research, management, and related services (Groups 8711-
8713,8721,8741-8743,8748),
14, Food stores (Groups 5411-5499),
15, Gasoline service stations (Group 5541 except marine service stations and truck stops
subject to the LDC),
Revised 3/19/07
3-1
,
Agenda Item No, 88
June 12, 2007
Page 116 of 123
16, Group care facilities (Category I and II); Care units except for homeless shelters; and
nursing homes, subject to the LDC,
17, General merchandise stores (Groups 5311-5399),
18, Health services (Groups 8011-8049, 8082, 8093, 8099),
19, Holding and other investment offices (Groups 6712-6799),
20, Home fumiture, furnishings, and equipment stores (Groups 5712-5736),
21, Hotels and motels (Group 7011 in accordance with the development standards in this
CPUD Document),
22, Insurance agents, brokers, and service (Group 6411),
23, Insurance carriers (Groups 6311-6399),
24, Libraries (Group 8231),
25, Legal services (Group 8111),
26, Membership organizations (Groups 8611-8661,8699),
27, Miscellaneous personal services (Groups 7211, 7212, 7215, 7216 non-industrial dry
cleaning only, 7221-7251, 7291),
28, Miscellaneous repair services (Group 7631),
29, Museums and art galleries (Group 8412),
30, New and used automobile sales (Group 5511),
31, Nondepository credit institutions (Groups 6111-6163),
32, Paint, glass and wallpaper Stores (Group 5231),
33, Public finance, taxation and monetary policy (Group 9311 property tax assessors'
office and taxation departments only),
34, Public order and safety (Groups 9211 and 9224),
35, Real estate (Groups 6512, 6531-6552),
36, Social services (Groups 8322 activity centers, elderly or handicapped, adult day care
centers; and day care centers; adult and handicapped only, and Group 8351),
37, United States Postal Service (Group 4311, except major distribution center),
38, Veterinary services (Groups 0742, 0752, excluding outside kenneling),
Revised 3/19/07
3-2
A]enda Item No, 88
June '2,2007
?age 117 of 123
39, Video tape rental (Group 7841),
40, Any other uses which are comparable in nature with the foregoing uses and are
approved through the process set forth in the LOC, in effect at the time of the
request for such use,
8, Accessory Uses and Structures:
1 , Kiosk vendors,
2, Outdoor dining shall be permitted as an accessory use to an eating establishment.
3, Communication facilities including, but not limited to digital, fiberoptic, microwave,
satellite, UHF, VHG, FM, AM, short-wave, antennas with related ground mounted
dishes and other sending and receiving facilities, subject to applicable permits,
4, Parking structures,
5, Generators,
6, Utility buildings,
7, Chickee or picnic areas,
8, Pool, tennis courts, and recreational amenities associated with a hotel or motel.
9, Any other accessory use which is comparable in nature with the foregoing uses and
is approved through the process set forth in the LOC in effect at the time of the
request for such use,
3,2 DEVELOPMENT STANDARDS FOR PRINCIPAL AND ACCESSORY USES EXCEPT
HOTEL AND MOTEL USE
Minimum Lot Area: Ten thousand (10,000) square feet for principal uses; none for
accessory uses,
Minimum Lot Width: One hundred feet (100') for principal uses; none for accessory uses,
Minimum Yard Requirements:
From Immokalee Road:
Fifty feet (50') for principal uses; twenty feet (20') for
accessory uses,
Front Yard:
Twenty-five feet (25') for principal uses; twenty feet (20') for
accessory uses,
All other yards: Fifteen feet (15') for principal and accessory uses,
Setback from Preserves: Twenty-five feet (25') feet for principal structures; ten feet (10')
feet for accessory structures and all other site alterations, There shall be no site alterations
within the first 10 feet adjacent to any preserve unless it can be demonstrated that it will not
adversely impact the integrity of that preserve,
Maximum Height: Thirty-five feet (35') for principal and accessory structures, except for
non-functional architectural elements (such as bell towers) which shall have a maximum
height of fifty feet (50'),
Revised 3/19/07
3-3
Agenda Item No, 8B
June 12, 2007
Page 118 of 123
Minimum Floor Area of Principal Structure: Seven hundred (700) square feet of gross floor
area for each building on the ground floor,
Minimum Floor Area of Accessory Structure: none required,
Distance between principal structures: None, or a minimum of five feet (5') with
unobstructed passage from front to rear yard, Distance between principal and accessory
structures: None required,
Minimum standards for lighting and landscaping shall be in accordance with the LDC in
effect at the time final local development orders are requested,
3,3 HOTEL AND MOTEL DEVELOPMENT STANDARDS
Minimum Lot Area: One (1) acre for principal uses; none for accessory structures,
Minimum Lot Width: One hundred fifty feet (150') for principal structures; none for
accessory structures,
Minimum Yard Requirements:
1, From Immokalee Road: Fifty feet (50') for principal uses and twenty feet
(20') for accessory structures,
2, Front Yard: Fifty-five percent (55%) of buiiding height or twenty feet (20'),
whichever is greater for principal and accessory structures,
3, All other yards: Twenty feet (20') for principal and accessory structures,
Maximum Height: Sixty feet (60') or six stories, whichever is greater, for principal uses and
thirty-five feet (35') for accessory uses,
Distance between principal structures: Fifteen feet (15') or one-half (Y:,) the sum of the
building heights, whichever is greater,
Distance between principal and accessory structures: none required,
Setback from Preserves: Twenty-five feet (25') feet for principal structures; ten feet (10')
feet for accessory structures and all other site alterations, There shall be no site
alternations within the first 10 feet adjacent to any preserve unless it can be demonstrated
that it will not adversely impact the integrity of that preserve,
Minimum standards for lighting and landscaping shall be in accordance with the LDC in
effect at the time final local development orders are requested,
Revised 3/19/07
3-4
,A,oenda item No. 38
- June ~12. 2007
Page 1'19 of 123
3,4 BUFFERS
The following identifies the buffer according to land use type:
Internal Buffers on:
A, Interchange Commercial:
1, 10 feet adjacent to hotel parcel;
2, 10 feet adjacent to internal rights-of-way;
3, 10 feet adjacent to eastern boundary with Donovan PUD;
B,
Hotel:
1,
2,
3,
10 feet adjacent to commercial parcels;
10 feet adjacent to internal rights-of-way;
10 feet adjacent to eastern boundary with Donovan PUD,
The buffer on the southern project boundary shall be kept in native vegetation existing on
the site or shall be planted with native vegetation in those areas devoid of native
vegetation,
3,5 PROJECT INTENSITY
The total acreage of the Gaspar Station CPUD is approximately 17,7 acres, The
Interchange Commercial retail and service uses shall be permitted at a rate of 7,500 square
feet per gross acre, The office uses shall be permitted at a rate of 15,000 square feet per
gross acre and the hotel/motel use is permitted at a rate of 26 units per gross acre,
Revised 3/19/07
3-5
Agenda Item No, 88
June 12, 2007
Page 120 of 123
SECTION IV
PRESERVE/NATIVE VEGETATION DISTRICT
4,1 PURPOSE
The purpose of this Section is to identify permitted uses and development standards for
the area within the Gaspar Station CPUD designated on the CPUD Master Plan as
"Preserve/Native Vegetation",
4,2 GENERAL DESCRIPTION
Areas designated as Preserve/Native Vegetation District on the Gaspar Station CPUD
Master Plan are designed to accommodate customary uses in preserve areas,
4,3 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:
A, Principal Uses and Structures:
1,
2,
3,
4,
5,
Conservation and preserve,
Passive recreational areas, pervious nature trails, and other similar uses,
Water management structures,
Mitigation areas and mitigation maintenance activities,
Any other preservation and reiated open space activity or use which is
comparable in nature with the foregoing uses and is approved through the
process set forth in the LDC in effect at the time of the request for such
use,
Revised 3/19/07
4-]
.L\genda Ilem I'~o, 88
June 12, 2007
Page 121 of 123
SECTION V
DEVELOPMENT COMMITMENTS
5,1 PURPOSE
The purpose of this Section is to set forth the development commitments of the project.
5,2 TRANSPORTATION
A. The developer has provided left and right turn lanes on Immokalee Road at Juliet
Boulevard,
B, The developer has made a fair share contribution toward the capital cost of a traffic signal
at the project entrance,
C, All traffic control devices on public roadways shall conform to the Manual on Uniform Traffic
Control Devices as required by Chapter 316, Florida Statutes, Street signs shall be the
sole responsibility of the developer, his successors, or assigns,
D, The above required improvements shall be considered "site related" as defined in the
LDC and shall not be applied as credits toward any impact fee,
E, The developer has previously conveyed a twenty-five foot (25') strip of land to the
County by deed recorded in Official Records Book 1545 at Page 443 of the Official
Records of Collier County, Florida, for the widening of Immokalee Road, In addition the
developer conveyed additional land for the expanded Immokalee right-of-way by deed
recorded in Official Records Book 1837 at Page 1099 of Collier County, Florida,
F, The developer has provided a cross drain across Immokalee Road to the canal on the
north to be incorporated and provide the County with access to it for use in connection
with the six-Ianing of Immokalee Road, This work was completed and paid for by the
developer under an agreement between the developer and the County dated May 4,
1993,
G, The original PUD strongly recommended the extension of the then existing four-lane
section of Immokalee Road west and through the proposed construction of a four lane
median opening on Immokalee Road aligned with the eastern boundary of the project
and Pelican Strand (f1k/a Regency Village) to the north of Immokalee Road, The median
opening was constructed and paid for by the developer under the agreement with the
County dated May 4, 1993, The four-Ianing has been completed to the west. The four
lane extension is subject to a fair share road impact fee credit applicable to the added
through lanes,
H, The project entry from Immokalee Road is located along its eastern boundary and aligns
with the present median cut and traffic signal on Immokalee Road at the entrance to The
Strand PUD, The entry was designed so that it is interconnected to and is used by the
developments that are located to the east of the project and west of 1-75, The inter-
connection and use of the entryway by adjoining landowners is pursuant to an existing
cross use or cross easement agreement.
Revised 3/19/07
5-1
r
Agenda Item No, 88
June 12, 2007
Page 122 of 123
I. Roads will be private, The developer has created the Juliet Boulevard Roadway
Association, Inc" which is responsible for roads, streets and drainage improvements and
maintenance of Juliet Boulevard,
5,3 OPEN SPACE REQUIREMENTS
The total project Is 17,7 acres requiring a minimum of 5,3 acres to be retained as open
space,
5,4 NATIVE VEGETATION RETENTION REQUIREMENTS
A minimum of 15% of the native vegetation present shall be preserved within the project.
The total native vegetation existing on the site is approximately 16,3 acres and a
minimum of 2.4 acres of native vegetation shall be preserved within the existing and
proposed preserve areas as indicated on the CPUD Master Plan, Areas that fulfill the
native vegetation retention standards shall be set aside as preserve areas and shall be
protected by a permanent conservation easement. A management plan shall be
submitted to identify actions that must be taken to ensure that the preserved areas will
function as proposed, The plan shall include methods to address control and treatment
of invasive exotic species and maintenance of permitted facilities,
5.5 CLEARING AND FILL STORAGE
Fill storage is generally permitted as a temporary principal use throughout the Gaspar
Station CPUD until buildout of the project. Fill material may be transported and stockpiled
within areas which have been disturbed, Prior to stockpiling in these locations, the
developer shall notify the Community Development and Environmental Services
Administrator. The following standards shall apply:
1, Stockpile maximum height: forty five feet;
2, Fill storage areas in excess of five feet in height shall be separated from
developed areas by fencing, excavated water bodies or other physical barriers if
the side slope of the stockpile is steeper than 4 to 1,
5,6 LITTORAL SHELF PLANTING
Wet detention ponds shall have a littoral shelf with an area equal to 7% of the pond's
surface area measured at the control elevation and be planted with native aquatic
vegetation,
Revised 3/19/07
5-2
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flgencla Item No, 9A
June 12, 2007
Page 1 of 22
EXECUTIVE SUMMARY
APPOINTMENT OF MEMBER(S) TO THE AFFORDABLE HOUSING COMMISSION
OBJECTIVE: To appoint I member to fulfill the remainder of a vacant term, plus a full term,
expiring on October I, 20 I 0 and I member to fulfill the remainder of a vacant term expiring on
October], 2009, to the Affordable Housing Commission,
,-
CONSIDERA nONS: The Affordable Housing Commission is a 9 member committee
created by Ordinance 9]-65 as amended to monitor the implementation of the Affordable
Housing Task Force's recommendations, and the goals, objectives, and policies of the Housing
Elements of the County's Growth Management Plan and the City's Comprehensive Plan;
investigate the feasibility of tax increment financing for infrastlUcture for site development of
affordablc housing for low income households; develop means or mechanisms to encourage a
voluntary program in which Realtors, and other holding deposits such as escrow accounts of
eamest money deposits or security for rentals would deposit these in a selected bank where such
bank would contribute to the Housing Trust Fund a gift calculated on the average collected
balance for the month; investigate a plan for any linkage and inclusionary zoning
recommendations; review and detelll1ine the effect of proposed ordinances of affordable housing
and make recommendations to the Board of County Commissioners and the Naples City
Council; and investigate any other relevant areas so directed by the Board of County
Commissioners, The Board of County Commissioners will appoint 8 members, including the
alternate member, two of which must live in the Rural Area (East of Collier Boulevard), and one
of those must be a resident of Immokalee, The City of Naples will appoint 2 members, The
commission shall be comprised of members rrom the county-at-Iarge, the City of Nap les- at-
large, the development community, affordable housing providers, financial institutions, the legal
profession and realtors, Tenns arc 3 years, A list of the cun'ent mcmbership is included in the
backup,
We currently have 2 vacancies; ] seat was declared vacant on April 24, 2007 and Christine D,
Straton resigned on March 5, 2007, A press release was issued and resumes were received from
the following 4 interested citizens:
APPLICA'lT
CATEGORY
DIST ELECTOR ADV, COMM,
Stephen 1. Hruby Architecture: Affordable Housing 4 Yes None
Development
Robert W, Deeks Community BcttcJ1l1cnt; Education 2 Yes None
Association
Mary Judith Garland Vocation training for disabled & poverty I x'es None
Brian L. Goguen Business ManagC111ent, EDC, Urban Land 3 Yes None
Institute
COMMITTEE RECOMMENDATION: Steve Hruby- tcnn expiring on October], 20]0
Brian Goguen - term expiling on October I, 2009
.--
CITY OF NAPLES: On April 28, 2007, Corn1ac Giblin was appointed (resolution included in
backup) to represent the City of Naples on the Affordable Housing Commission,
Agenda Item t\Jo. SA
June 12.2007
Page 2 of:22
FISCAL IMPACT: NONE
GROWTH MANAGEMENT IMPACT: NONE
RECOMMENDA nON: That the Board of County Commissioners consider the
recommendation for appointment, appoint 2 members, and direct the County Attorney to prepare
a resolution confinning the appointments,
Prepared By: Sue Filson, Executive Manager
Board of County Commissioners
Agenda Date: JUNE 12,2007
lIemNumber:
Item Summary;
Meeting Date;
COLLIER COUNTY
h.C1ellj", item NQ. ~jA
. ,2 2007
:: of 22
rage I of I
BOAf,L OF COUhiTY COMMISSiONU~S
~!,L
,. ppoil ':11>''': J' 'n,'r'.')Y!rS tC' 'nh :,ffc:.:1dl.,lrj HCIIslr:o :o!i'nm'!c'lon
(;/~2,2~ fj7~' ()(' ')Ci f'M
Prepared By
Excc"tivl' Maoaucr10 thf.' BCC
[late
SUDFilSOO
[;oard a/County
Commissioners
BCCOffi<;1!
Co"nty Manager
['ate
AllJlroved By
J~me$ V. MUdd
BGi1rd of County
CommiS5roncrs
Coullty M~oa>ler's Of/,el!
5/29f200712a6PM
Aa~nda Item No. 9A
- June 12.2007
?2;:)8 4 of 22
Memorandum
To:
From:
Date:
Subject:
Sue Filson, Administrative Assistant to BCC
Marcy Krumbine, Director of Housing and Human Services
May 14, 2007
Affordable Housing Commission
The Affordable Housing Commission has received and reviewed the four
applicants for two vacancies on the Commission,
The Commission is recommending the appointment of the following applicants to
the Affordable Housing Commission:
Steve Hruby- Expertise in Architecture, community consensus building,
affordable housing development, community revitatlization, Member of
Economic Development Council and Urban Land Institute, Term to expire on
October 1, 2010,
Brian Goguen - Expertise in Business Management, Member of the Economic
Development Council, Southwest Florida Urban Land Institute, Term to expire on
October 1, 2009,
Other candidates:
Robert Deeks - Long term resident of Collier County, Served on Community
Betterment. Member of Collier County Education Association, Pelican Bay
Rotary and Collier Harvest
Mary Judy Garland - Expertise in providing vocational training for the disabled
population and those living in poverty, New to Collier County,
-<P'"
, '
Affordable Housing Commission
Name
Work Phone Appt'd
Home Phone DateRe-appt
Exp, Date
2ndExpDate
i\genda Item No, 9A
June 12, 2007
Page 5 of 22
Term
2nd Term
021l3/07
2 Years
Mr. James Al Pusateri
4971 Carromar Drive
Naples, FL 34112
E-Mail: jpusat6700@aol.com
District: 1
Category: Attorney and Judge
775-7029
Mr. VACANT
Naples, FL
E-Mail:
District:
Category:
Mr. Miguel A, Castillo 598-7565 09/12/06
6481 Autumn Woods Blvd, 566-7176
Naples, FL 34109
E-Mail: miguel.castillo@wachovia.com
District: 2
Category: Finance/County - AL TERNA TE
Mr, George R, Smith
509 Courtside Drive
Naples, FL 34105
E-Mllil:
District: 3
Category: Rloanarranger@aol.com
226-7479 09/12/06
263-4434
Ms, Esmeralda Serrata 657-3649 OS/24/05
603 Nassau Street, Apt. 4 657-5838
Immokalee, FL 34142
E-Mail: cchatl@aol.com
District: 5
Category: Collier County Housing Authority
Monday, May 14, 2007
Page] of3
1 % 1/09
1 % 1/07
10/0 1/07
10/0 1/09
] % 1/08
3 Y cars
1 Year
3 Years
3 Years
l\:;enda item ~~o. 9A
" .JeJC1e 12. 2D07
Page 6 of 22
Affordable Housing Commission
Name Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
Mr. John Barlow 649-6380 02/13/07 10/01110 3 Years
4351 Gulf Shore Blvd" N, # 19N 649-6380
Naples, FL 34103
E-Mail: johnbarlow@lerivage,net
District: 4
Category: Safelite auto Glass
Mr. Larry H, Fleming 659-6464 05/09/06 04/18109 3 Years
563 Park Shore Drive 434-2120
Naples, FL 34103
E-Mtlil: NaplesRealEst@aoLcom
District: 4
Category: City ."J"
~'I' .;Q
Ms, Mary Strutz \ 6' \"(\ 11/19/03 11/18/06 3 Years
271 Aqua Court, P,O, Box 1646 263-0697 11/19/06 11118109 3 Years
Naples, FL 34102
E-Mail: mary,strutzf@gmaiLcom
District: 4
Category: City of Naples
Mr, Kenneth Kelly 435-0014 03/28/06
4260 16th Street, N,E, 354-2021
Naples, FL 34120
E-Mail: ken@kellyroofing.com
District: 5
Category: Roofing Contractor - Resides East of 951
10/01/07
1+ Year
Ms, Christine D, Stmton ',IJ 6,IJ'\
4260 Montalvo Court ce~\'j,./
Naples, FL 34109
E-Mtli/: chrisstraton@yahoo,com
District: 3
Category: COUNTY - REGULAR
OS/24/05
597-8649 09/12/06
10/0 1/07
I % 1/09
2 + Years
3 Years
Monda."'.. May U. }()07
I)age 2 of 3
---r-
Agenda Item No, 9A
June 12, 2007
Pa,J8 7 of 22
Affordable Housing Commission
Name
Work Phone
Home Phone
Appt'd
DateRe-appt
Exp, Date
2ndExpDate
Term
2nd Term
This 9 member commission was created on July 23, 1991, by Ordinance No, 91-65, to monitor
the implementation of the Affordable Housing Task Force's Recommendations, and the goals,
objectives, and pOlicies of the Housing Elements of the County's Growth Management Plan and
the City's Comprehensive Plan, Terms are 3 years,
Amended by Ordinance No, 2005-69: the BCC will appoint 8 members, including the altemate
member, two of which must live in the Rural Area (East of Collier Boulevard), and one of those
must be a resident of Immokalee, The City of Naples will appoint 2 members, The commission
shall be comprised of members from the county-at-Iarge, the City of Naples-at-Iarge, the
development community, affordable housing providers, financial institutions, the legal profession
and realtors,
On 12/14/04 the BCC adopted Ordinance 2004-77 to add 1 Alternate member to be appointed by
the BCC, The Alternate member shall serve in a voting capacity only when a regular member is
absent from a meeting,
On December 13, 2005, the BCC approved Ord, No, 2005-69 changing the composition of the
committee, 9 members and 1 alternate, The BCC will appoint 8 members, including the alternate
(2 of which must live in the Rural Area (East of Collier Boulevard), and one of those must be a
resident of Immokalee) and the City of Naples will appoint 2 members,
Jessica Rosenberg, Deputy City Clerk 213-1015
FLSTAT: none
St~fJ:
CUIlI,06 CieliA, IIL'I: 183-~.3S6
f1brc'j I<rv;n b,ne; '7'7Lf; ~t(If:0
Monday, May /4, 2007
Page 3 of3
4,nsncJa item No. 9.A.
-' J1JrJe 12. 2007
Page 8 of 22
MEMORANDUM
DATE: May 7, 2007
FROM: Sue Filson, Executive Manager
Board of County Commissioner
TO: Elections Office
RE: Voter Registration - Advisory Board Appointments
The Board of County Commissioners will soon consideI 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,
COMMISSION DISTRICT
AFFORDABLE HOUSING COMMISSION
Mary Judith Garland
238 Torrey Pines Point
Naples, FL 34 1 13
~
d
J
-3
Stephen J, Hruby
1800 Gordon Drive
Naples, FL 34102
Robert W, Deeks
7095 Pond Cypress Ct., #101
Naples, FL 34109
Brian L. Goguen
6210 Golden Oaks Lane
Naples, FL 34119
Thank you for your help,
" .---.---.----~~~.-."'..&-.,^T.
04/19/2007 l2:18
2392131025
CITY CLERl<
PAGE 01
.i\genda Item No, 9A
June 12, 2007
Page 9 of 22
If ~
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To'7 rJ~
Apri] 19, 2007
OFFICE OF CITY CLERK
Transmitted Via Fax to 774.8865 - 6 pages
Ms, Sue Filson
Executive Manager
Board of County Commissioners
Collier County Government Center
330] East Tamiami Trail
Nap]es, FL 34112-49]7
Dear Sue;
At yesterday's meetins.. tile City Council voted to recommend Cormac Giblin for the
vacancy in the Mfordab]e Housing Commission, Attached is Mr, Gib]in's application
and an unsigned cqpy of the reso]utian, We will forward you a copy of the signed
Council resolution .;..hen it is finalized,
Sincciroly,
-j ;
.
'/
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~RolIcnberg
Deputy City Clerk
'i.
FA.CSIMtLE (239) 213-1025 TELEPHONE (238) 213-1015 SUNCoM 717.1015
7.15 EIGHTM STREET, SOUTH. NAPlES, FlORIDA Ml02-67M
04/19/2007 12:16
2392131025
C ITV CLERK
PAGE 02
/\qenda item ~~o. 9,.'\
~ J~me12 2007
Page 10 of 22
Agenda Item ll-c
Me.ting of '/18(07
RBSOLUTION 07-11616
A RESOLUTION APPOlMTlNG QKR CITT RBPRZSRHTATIVR TO rKR CITY/COOWTY APPORDADLII
1l0l1S1JIG COImXIISJ:ON J'OR '1'11II BALABCll 01' llJI tlKlIXPllUW TllDI CONCIiUDIW NOVWIIBIIR
18 . 2 009, AND PRov:rDXIW A!I llJ'J'IICTlVll DA~.
WHBRKA9 ~
a vacancy exist8 on the City/County Affordable Housing Commission
due to the resignation of Mary Strutz on January 17, 2007J and
WRllRXAS .
pursuant to Sect ion 2 -4 02 of the Code
~aples has conducted a recruitment
ascertain qualified candidates;
of Ordinances,
and interview
the Ci ty of
process to
NOli, THJ:UPOKZ, >>. rr "KSOLV'BD BY Tn CO'Oll'CI:L 01' THB C:I'l'Y OP W&PLBS. 7'LOIUDA:
Section 1.
That Cormac Giblin is hereby appointed as a City representative
to the City/county Affordable Housing Commiesion for tbe balance
of an unexpired term concluding November 18, 200~.
Section a.
This resolution shall take effect immediately upon adoption.
PASSED IN OPkK AND R.GULAR SESSIOK OF THE C~TY COttRCXL or TK& CXTY or .APLBS,
WLOKIDA, TB%8 ~8TH DAY or APRIL, ~001.
Bill sarnett, Mayor
Atte5t;
Approved as to form and legality:
Tara A. ~orman, City Clerk
KI\Rar\OOUNC~\RRP\~007\07-1161'
Robert D. pritt. city Attorney
Date filed with City Clerk:
,
04119/2007 l2:lB
2392131025
CITY CLERK
PAGE 03
REC E4MEiEJtem No, 9A
June 12. 2007
MAR 0 7 200Tage 11 of 22
m-
..,... City Or Naples
== Application for Volunteer Service
Name (1,~M A t" ~it~
E-mail c.oaAU~./;..A)\JJ;/s........llIt~. (;.9,..
Home Address -r70 F;"..A....".I..&.t> l......e.
Businm V1Ji Is,...,/I'I;lftO
Business Address "3 ,.:;1 0 0
CITY OF NAPLES
CITY QLmRK
Home Phone
~v,,- ~ I~
Fnl( ;;;u; 3. a ~"f I
Nlft-.., Fe ,?C//':]
Business Phone t;; "., - '10 <{ 0
Board or Committee Applied For
~:JJ2-
-'- :I SI/oS"
Affordable Housing Commission
Momber Category (ihpplic:&ble)
What other volllnteer positions are you interested in?
An you a City reside1ll?-->-~ lfso. how long? 10 of '1#c Resistered voter? ..,_
Do you now hold public Ottee? A1 d If so, what is that office? -
Are you employed by the City of Naples or 8IIY other governmental body? "No
Are YOll rclaled to anyone employed by the City ofNaples'l ~
Please list any City of Nap lei boards or committees on which you have previously served:
-
Please mwclltc any City ofNaplca board or collUnittee on which you currentlv serve:
'?.._.......:Js: ----",........ f
Do you serve on a board or comminee of Collillr COWlty or other government? A'~
If so, what is that board or committee? _ '
Plc.u.list YOIIf community activities (Clvic clubs, neighborhood II5llOCiatiolUl, ctc, )
~~:':~~- ?--" ~,,_u \.L.-,~ --~ 4-M~
C-".,.....-.....- "'-'1Iuft.:_,<" 9.,....by ..wAJ/I ~~.J ~...~""-.~ C&..-J+t;~
Pl.", m.elo}'ll'" ~J".' "rRI ,..viII, 1M """'. _ _,.,.,
II/ . 1oaI11,,,lhUluIli ",hI> e". """"... ,..., Nckpo.,,1I ,,"11
o:p.,i."e., "'II WIle""." d.M1d ../.....'..lId I. II.. City
CIa,k', ogre., 71$ EI,Io,,, SIred Sou'h, NfIIIl... F/Drid"
14]OJ-6796.. If"." wI,It, F-' fIDe }>II'" fIII,lictnlD" '0 lIt.
-",I.. IIJ' '10. ell}' a"." .. ZlP.I1J-J02f. '2u.'o".
....uM .. tlir...,.VI " Z!lP-21J-JO]J, 77,,"''')'fI'' 10' }'fJfI,
willi""",.. '" b. of"'""" '" yo", '....""'/y.
1'It_ Nolc: ThO., appoinltd 10 C;,y boord.,
r;ommincCl or .uthoririe. ma)' not reprelenr
...rill., b.m CiIy ;OVCrlllllCIl' p",ceeding. or
ltlIY DOt do bUliAes. >"ill> the City, eidu:r <i....ctly
or ilIdi,octIy, '" copy of the City'. Cod. of
Ethic. (Alticle IX ot the CocJc at Or.m..ncc,)
will be provided oy 111. ell)' Clorll;', 01'&. ~poo
'"'luest, Pl.... C&lI239-213.\015
Confizm back(lrOund IJ'lt A;Poricoct.tth: ::ra t, ~t.,:;; tf--4t>....... ;.-I...~ ~~~' c.....J., ~.
(Ad<lr...) ;r. G"r. ;...A, ""~4.... ~u04 AI.. ,r.-I- -<Pbon.) u: z: '
M:\lW'\BO^I\l)S'I'OAAlSW!'l.C'lW" ,R!VlSf:P lOO6,lJOC
04/19/2007 l2:18
2392131025
CITY QERK
PAGE 04
Agenda Item No. 9i4,
June 12, 2007
Page 12 of 22
COrDIac: Giblin
770 Fountainhoad Lane
Naples. FL 34103
Day: 239,649-4040
Ev=ning: 239,649,8918
E-mail: CormacGiblin@Wil50nMilIcll:.com
WDrk Expt!rierJCI
Project Manaeer, WilsonMiller, Inc, March 2007 to Present
Dun.
. Provide professional plannin~ desiJII. and con~u1ting services to a multitude of
private md public sector cliQllS,
lIollsing aDd Grants MaDacer, Collier County, Oct. 2004 to Feb, 2007
Duties
. Supervise program activities and staff 10 implement the HousinS Element of the:
Growth ManaJement Plan (GMP), the Land Development Code (LDC), the
Houstus Assistance Plan (HAP). Hl.JD Consolidated Plan. and the: HUD &l1IIual
Action Plan
. Meet aIld n<:>gotiatc with land owners and eitizens relative to affordable: housing
activities, guidin& many developments from concept to c()mpletion
. Review DIU's, PUD's, rerones, ~itc development plans,md other development
oId~ for compliance with all applicable Colll\ty replalion.
. Manage, direct,lInd evaluate an assigned staff'of 12 employees, procc:ss employee
concc:ms and problems. direct work, counsel, discipline, and complete employee
pmormance appreisala
. Advise senior management, including the County MJDagc:r and the Bow of
County Cc;mu:nissioners, on issues related to afford.1hle housing, grant programs,
1011& range and CWTcct p1annin&
. Direct and supervise staff and consultants in the process of developing and
imple:menrin& the Housing Element of the GMP and LDC
. Provide management and oversight of the Community Development Block Grant
(CDBO) entitle:ment progTarn, the HO:!\.{E entitlement program. the ADDI
entitlement pIOgram, the COC enlltlement program, the SHIP program, and the
ESG entillernenl progTBm 8Jld c:mure 1heir complilUlCc: with state and federal
requirements
. Interpret laws, regulations, and guidelines as they pertain to housing programs
. P.ovide oversight [0 the COWlty'S affordable housing acti~ities as a whole and
supervise compliance with the Florida Housing Finance Col]lQration, Along with
local, state, and federal government requir=enlS
. v... ,~go.
-
---
H1r
04/19/2007 12:18
PAGE 05
Corrrllr!!~~tem I~o, 9A
PagO of.Jle 12, 2007
Page 13 at 22
. Direct additional depllrUllental ~snuns. such as i~pact fee waiver and d~forraJ
programs for affordable hol15ing, t'aat-track p=lItlna. down payment asSlstlnce
programs and homeo1Wcrship rcbabilitatiOll programs
. Develop, 'admiuistcr, ~ dcfm4 the ~eplllUllent.a~ ~&et of over $9 million per
year and provide input 111 the prl:paratlOD of the di V1SI~na1 bud:et ,
. Identify the fllteCut of funds needed for staffing. eq1l1pment! proil'ams, strategies,
and special projects, as well as monitor and approve expenditures
. ReCl'\lit, evaluate, and select qualified staff
. Coordinate and/or initiate respoDSes resulting from BCC direction
. Present; explain, and comment on tie!llrtmentaJ programs, plllllS, and objectives to
various iI'OUPI. including the Board of County ConunisaioDCl1, senior
management, COUllI)' ArtOlDey, financial institlllJons, employers. civic
associr.tions, lOQial service agencies, and the general public
· MaintaillliaisoD5 wiUt officials and representatives I)f sta1e, environmental,
Je\'elopmeru. and citUcens' organizations
· Supmrise and condUct public meetinp of the Affordable HOUliing Commission,
Workforce Housing Advisory Comrnitu:c, and Citizen Advisory Taskforce
· Advise these commissions concerning all of the County's grant programs.
procedures, and regulatory requirements
. Review and r.ssure quality control of staff reporlli and leSponaes to a<lministrati "e
actions
· Oversee, prepare, develop, rcvio:w, and evaluate highly technical studies, reports.
and analysis,
2392131025
CITY CLERK
Manlier of Houlling Developmeot, Collier County, Jan. 1999 to Oct. 2004
Duties
. Direct, oveIllec, and participate in the development of affordable bousing through
the department
. PI~t, explain, and comment on departmental programs, plans, and objectivctl to
various groupii, including the Board of County Commissioners, financial
institutions, employers, civic: associations, and media
· Identify the forecllllt of fundt n&edecl for staffing. equipment, programJ, strategies.
and special projects
· Implement, lltJlend. draft, and upclate the County's Affordable Housini ordinallce
· Create, recommend. and implement new progrB[1lt and policies to meet the
COWlty'S affordable boWling goals and objectives and then establish and
administer proiflllll policics and objectives
. ~t as aenior liai5Dn to, coordinate meetina:s for, and provide staff for the
CIty/County Affordable Housing Commilisioll
. An~lyZe and provide recommendations regarding IcqUestB for dc:I1sity bonuses.
waIVers and/or deferral ofunpaet fees, and down payment assistance to make
affordable housing economically f~ible
· Administer and implement the progrum and policies identified in the Collier
County Housin, InCentive Plan
. V". I>>
"""
I
I
I
I
I
,
I
04/19/2007 12:18
2392131025
CITY CLERK
PAGE 06
CI)~~{l4\1tHem f\lo. d.A.
Page J t!/J'fle 12, 2007
Pa~Je 14 of 22
. Update the Housing Element of 1M Collier Count)' Growth ManaleIIlcmt Plan for
approval by SUle regllllton
PlanDer II, Collier County. July 1997 to Jan. 1999
Duties
. Administer tbe SHIP Down Payment & Closing Cost AssisWlce and lUsidmtial
Rehabilitation Program, for the mJl Deparnncnt
. Wmk with individual bomebuyers and bomeav.nc;rs in applying for assistance
to plJ1'Chase aDd! or rcDOvate their homes
. Coonhnate with other ColUlty dcparunenlll, private banks, mortgage, and title
companies ensllrins smooth transactions
. Act as project manager for rehabilitation jobs doing everything from ereatill&
the work writs up, sllndina: jobs Ollt for bid by contractors, ncgalillung
contractS, and ill9?c;ctingfinal work,
Fixed Asset Coordiaator, City of Naples, July 1996 to June 1997
Dlltiell
. Various special projocts and reports, inCluding a physical inventory of all Public
Works Department fixed assets
. R.eported directly to the Public Wor!:. Director
EDUCATION
SachtJor of ArUm Political Scie.c:e. Public Adml.btnUoD
The University of Flori<la. Gainosvillc, FL; 1996
Certified Public MlUlacer, Le\-elll Certificate
Florida Stale University, Tallahassee, FL; 2000
Leans 10 Lead Certifiease,
The UniveI'!lity of Floride-ExlClllJion, Naples, FL; 2004
CIVIC INVOL VEMENT
. Cllrrent President, Park Shore Aisociatiou
. Past-President. PlIrk Shore AS!IOcietion
. Pasl Vice-President, Park Shore Associlllion
· Chairman City/CoWlty Affairs SlIbeouunitleo, Park Shore Associatioa
. Chainnau Disaster Preparedness Subcommittee, Moorings Presb>'lerian Church
.....,..,""
~-
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MEMORANDUM
.6.genda Item ['<0, 9/"
June 12, 2007
Page 15 of 22
DATE:
May 7, 2007
TO:
Marcy Krumbine, Housing and~services Director
Sue Filson, Executive Manager j
Board of County Commissioner ,
FROM:
RE:
Affordable Housing Commission
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:
Stephen J, Hruby
1800 Gordon Drive
Naples, FL 34102
Robert W, Deeks
7095 Pond Cypress Ct., #101
Naples, FL 34109
Mary Judith Garland
238 Torrey Pines Point
Naples, FL 34113
Brian L. Goguen
6210 Golden Oaks Lane
Naples, FL 34119
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
filson_s
Page I of2
Agenda Ilem No. 9A
June 12.2007
Page 16 of 22
Advisory Board Application
From:
sh ru by@architectsunlimited,com
Friday, May 04,200712:15 PM
filson_s
.t:
~:
Subject: New On-line Advisory Board Application Submitted
Advisory Board Application Form
Collier County Government
3301 E. Tamiami Trail
Naples, FL 34112
(239)774-8999
Application was received on: 5/4/2007 12:14:47 PM.
Name: IStephen], Hruby! Home Phone: ~39-430-80111
Home Address: 11800 Gordon Drivej
City: !Naple~ Zip Code: 134]021
Phone Numbers
Fax: ~39-430-300~ Business: ~39-430-30051
. e-Mail Address: Ishruby(<1)architectsunlimited,comj
Work Place: !Architects Unlimite~
How lon~ have you lived in Collier County: [IQI
Have you ever been convicted of any offense a~ainst the law? ~
Are you a registered voter in Collier County? ~
Board / Committee Applied for: !Affordable Housing Commission!
Category: !Not indicatedj
Do you currently hold public offfice? ~
Do you currently or ever served on a Collier County Board or Committee? ~
. Please list our communi activities:
rganization and Community Activities: Member of the American Institute of Architects (AlA),
ember of National Council of Architectural Registration Boards (NCARB), Member of National
ssociation of Housing and Redevelopment Officials (NAHRO), Member of Urban Land Institute
ULI), Member of Collier County Economic Development Council (EDC), Member of Executive
5/7/2007
.,.
Advisory Board Application Page 2 of2
- Allenda Item N ,9A
ounci! of Southwest Florida District Council of ULI. Chair of the Attainable Housing comm,iilili~o . 007
e SWF ULI. Mentor to ULI/EDC Work Force Housing Demonstration Project, Member offilJ)(J 7 f 22
ommittee on Collier Coun Housin Stimulus Pro am.
"
~)
Ex erience:
xperience: Mr, Hruby is a founding principal of Architects Unlimited, a 25 year old architectural,
ban design and town planning firm, and President of that fmn's affiliate, AU Consulting which
cializes in housing and development consulting, The firms were established in New York City and
elocated their corporate offices to Naples, Florida in 2002, They engage in a national practice with a
rimary focus on housing and community revitalization, Mr, Hruby is a nationally recognized
specialist in housing with a particular emphasis on affordable housing, mixed income communities an
ommunity revitalization, He has extensive experience with the public administration of large
ommunity revitalization programs and funding grants which he has gained through more than 30
ears of experience in master planning, mixed finance funding, program management, strategic capital
lanning and administration, zoning, and land use. Mr, Hruby is highly skilled in community
articipation and consensus building and is noted for his ability to achieve consensus among
takeholders with varying priorities, Mr, Hruby has been in charge of numerous community
evitalization projects involving mixed-income, mixed-finance housing and mixed use developments
ough out the country, He has overseen the master planning, and or program implementation of
OPE VI and mixed finance developments in Memphis TN, Baltimore MD, Orlando FL, Dallas TX,
ontiac MI, Springfield OH, and Cincinnati OH among others, Mr, Hruby is a distinguished authority
n both the physical design aspects of community revitalization and the funding mechanisms, such as
oca! and State, and Federal grants and Tax Credits which make his vision a reality, His most recent
ccomplishment was a 6-year long revitalization of the Uptown Neighborhood in Memphis TN which
urrounds the renowned St. Jude Children's Hospital, Mr. Hruby was responsible for the overall
eighborhood revitalization master plan, and functioned as the program manager throughout the
'mplementation of the project. Financing mechanisms included federal HOPE VI grants, local
ontributions, Low Income Housing Tax Credits, bond fmancing and Tax Increment Financing, A
ommunity Revitalization Authority was established, overlay zoning was crafted and overall design
dards and prototypes were developed for affordable and market rate housing, A sizeable property
semblage was accomplished for construction of infill housing, Code enforcement was revamped and
frastructure improvement programs were implemented, Mr, Hruby has served as Director of Capital
mprovements and Development for the housing agencies of Memphis TN and Camden NJ undcr
rivatization contracts AU had with those cities, These experiences formed his consummate
derstanding of the complexities and challenges faced by municipalities in developing and managing
ordable housing, Mr, Hruby has developed numerous strategic housing plans for capital
provement and development in some of the largest cities in the nation. He crafted the underlying
trategies fOI the housing revitalization policies in Baltimore MD, Washington DC, Newark NJ, St.
Louis MO, and East St. Louis IL among others, His plans remain the guiding principals for community
evitalization and affordable housing development in those cities to this day, Mr, Hruby was a member
f a Housing and Urban Redevelopment (000) Target Team established by then Secretary Henry
isneros to improve the troubled housing agency in New Orleans, LA. Mr, Hruby was in charge of
eveloping the overall capital investment, community revitalization and affordable housing
evelopment strategies for the city's housing agency to achieve HUD's goal of improve housing
onditions in the city. Mr. Hruby has also conducted training programs for municipal housing agencies
, strategic capital and development planning though out the nation, Mr, Hruby is a registered
rchitect in 6 states, includin Florida and holds a national accrediation.
....
5/7/2007
Do.reI o( COli II., Conaml..ionel'8
>>lit F_ T.....' TNn
NapI.., JIL JeU,
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FbI tDt) '7'7~
F',::,GE 02
Agenda Item [\Jo. 9A
clune 12, 2007
Pa~e 18 of 22
05/B412007 10:0&
23'32032135 14APLES LIQUOR
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Application for Advisory Comm.tteeslBoarda
Name: 2$C/Lr tv ~t';"~ H_......e:D1-.2>Y-?r.s-z,
/1 ;//4 P&5
1J0meAddrea: ?o<j!) 'f-O,vO t7vhrio;; ,.;T-#/6/ Zip Code: ~ '-/jP'l
,
FuSo...:JtS-2/9''''--llusie_PbODe: 26?:- ~r:.5- _lIil...w.-~-r.k~ Q uPe-fllj,~
~ .it/e-7"
Place of ElIIp/0y8_I: Yfi~~ ).7 l)(J.....s: +- II&="",-o".e ~..& ) '7 1/(OA-5
Board or Co....ittee Applied for: rlr;;;:'...OAit; )/f!vS/",~, ~,-#?:<;<,;',J
./
Category (If applicable)
1:.......: Co....... ~ De,""'I'~"~'" ...........
Ho.. 1011II hne YOIIIl"ocI ill Collier County: Y """ 1/~ MOlItlu 1_
Are you a reglatered ....tv In Collier Coua 1)': Y.. V.,No
Do you <lIrreod,. ....... public offil'e1 Yet
If so. ""at i. !hit oIIkoT
No
.---
.
ant you e\'er beeD collricteel of Dy ofJ'_ a&1lia.' 'H La",? Yell ./' No
rr",.. eJploin: I S-,P"",,, ,.u-. ""I,~~
/
Do:ftHl "".. _ or h_ _..er _, .. . CoIIior c.....,....... or _....! ".. v' No
11.);... plea.. fi.llI. .-1IIi-.1>earda:
(~:;/;::;:+;JJ,,"rrV'1I. ~~ .....,</<- - :::J-,D.;'-' "<>.rrT-J>:::'
Please list ,our .....
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t-->-
Advisory Board Application
filson_s
Page I of2
Agenda Item No, 9A
June 12,2007
Page 19 of 22
- ."--~---"-------'-----"--~'~------,--",_._~---~-----~-'----"----'----~---'---'-~-~---------------_._~---~--
-'-rom: mjgfgg@earthlink,net
~t: Thursday, May 03, 20079:04 AM
~: filson_s
Subject: New On-line Advisory Board Application Submitted
Advisory Board Application Form
Collier County Government
3301 E. Tamiami Trail
Naples, FL 34112
(239)774-8999
Application was received on: 5/3120079:04:06 AM.
Name: /M'ary Judith Garlan~ Home Phone: ~39-417-843~
Home Address: 1238 Torrey Pines Poin~
City: lNaple~ Zip Code: ~
Phone Numhers
Fax: ~am~ Business: ~am~
) e-Mail Address:lmjgfggia)earthlink.ne~
Work Place: ISelf employed consultan~
How lon~ have you lived in Collier County: II]
Have you ever been convicted of any offense a~ainst the law? ~
Are you a registered voter in Collier County? ~
Board / Committee Applied for: !Affordable Housing Cornrnissionl
Category: IN ot indicatedj
Do you currently hold puhlic offfice? ~
Do you currently or ever served on a Collier County Board or Committee? ~
~ Please list our communi activities:
recently became a permanent resident of Collier County, moving from Michigan, In Michigan, I was
e administrator of a non-profit organization that provided vocational training to people with
isabilities and those living in poverty, Affordable housing is an issue for those populations, as well as
taffwho work with them, My community activities included chairing the local economic development
5/4/2007
Advisory Board Application Page 2 of2
. Aoenda :tern t,~o. A
gency in Mt. Pleasant, Michigan, chairing the state association of community rehabilitition!pJ:{)gr;am 7
serving on the speaker's bureau for United Way, working on numerous committees for the C"n'.mlber if 2
ommerce, and servin as Vice-Chair of the Michi an Women's Commission,
.
.
5/4/2007
Education:
!Graduate of Marshall University, Huntington, wvj
Ex erience:
uch is listed above, I was the Chief Executive Officr of MM!, a non-profit organization providin
ervices to eo Ie with barriers to em 10 ment for 24 ears,
.
r'
Advisory Board Application
filson_s
Page I of2
Agenda Item No, 9A
June 12, 2007
Page 21 of 22
,... -- -- .-.-------------...--------..--------------.----------------~.-
~..""7rom:
bgoguen@barroncollier,com
Wednesday, May 02, 20076:32 PM
filson_s
~t:
~:
Subject: New On-line Advisory Board Application Submitted
Advisory Board Application Form
Collier County Government
3301 E. Tamiami Trail
Naples, FL 34112
(239)774-8999
Application was received on: 5/2120076:32:24 PM.
Name: !Brian L Goguen! Home Phone: ~39-513-06631
Home Address: ~21 0 Golden Oaks Ln!
City: !Naplesl Zip Code: 1341191
Phone Numbers
Fax: ~39-263-333~ Business: ~39-262-260~
') e-Mail Address:/bgoguenlalbarroncollier.coml
Work Place: !Barron Collier Compan~
How lon~ have you lived in Collier County: []]
Have you ever been convicted of any offense a~ainst the law? ~
Are you a registered voter in Collier County? IY d
Board / Committee Applied for: !Affordable Housing Commissio~
Cate~ory: !Not indicated!
Do yon currently hold public offfice? IYesl
Do you currently or ever served on a CoUier County Board or Committee? ~
... Please list our communi activities:
outhwest Florida Urban Land Institute - Vice Chair Economic Development Council of Collier
ount - Board Member
Education:
5/4/2007
Advisory Board Application Page 2 of2
11,.....an'-.l;:l Item t.~o. 9.A.
lGulfCoast University - Executive MBA Rensselaer Polytechnic Institute - BS in Managementle 12, 2007
r-age 22 of 22
.
Exoerience:
have spent a significant amount oftime over the past year learning about the challenges of
roviding workforce and affordable housing in Collier County, I assisted in organizing and
worked closely on the workforce housing program that the EDC fULl presented to the Affordable
Housing Commission,
.
.
5/4/2007
,
Agenda Item No, 98
.June 12, 2007
Page 1 of 7
EXECUTIVE SUMMARY
RECOMMENDATION TO DECLARE A VACANCY ON THE PARKS AND RECREATION
ADVISORY BOARD
OBJECTIVE: To declare a vacancy on the Parks and Recreation Advisory Board,
CONSIDERA nONS: Ordinance No, 2001-55, Section 8, reads as follows: "It is the intent and
strong desire of the Commission that there be full attendance of advisory Board members at all
meetings of the Boards, recognizing, however, that it may be necessary for Board members to be
absent from a meeting due to unusual or emergency circwnstances, Ncverthe]ess, full attendance at
Board meetings is encouraged and necessary for the proper operation of the Boards and in
furtherance thereof the following requirements are established: A, Any Board member who is absent
tor more than one-half of the Board's meetings in a given fiscal year shall be deemed to have
tendered his or her resignation tix such Board, The Commission shall, as soon as practicable after
such resignation, declare the position to be vacant and shall promptly fill same pursuant to the
provisions of Section Six herein, The Board member shall not serve at any meetings after his or her
position is declared vacant by the Commission, B. ]n the event that any Board member is absent
from two consecutive Board meetings without a satisfactory excuse acceptable to the Board
chairman, the Board chairn1an shall state such fact at the next regularly scheduled Board meeting and
shall thereafter notify, in writing, the Executive Manager to the Commission of the Board member's
failure to attend without satisfactory excuse, The Commission shall review the Board Chairman's
notification at a Commission meeting and shall declare the Board member's position to be vacant if
the Commission concurs that the Board membcr was abscnt from two consecutive Board meetings
without a satisfactory excuse and shall promptly fill same pursuant to the provisions of Section Six
herein, The Board member shall not serve at any meetings after his or hcr position is declared
vacant. C. A member or a Board shall be deemed abscnt from a meeting when he or she is not
present during at least 75'Yo of the meetings,
Included in the backup is a memorandum from thc Chairn1an of the committee requesting that the
Board of County Commissioners declare a vacancy on the Parks and Recreation Advisory Board,
Beth Bm1h appointed on July 25, 2006, has 3 unexcuscd meetings and has vcrbally resigned,
FISCAL IMPACT: NONE
GROWTH MANAGEMENT IMPACT: NONE
RECOMMENDA nON: That the Board of County Commissioners consider the recommendation to
declare a vacancy on the Pm'ks and Recreation Advisory Board and direct the County Attorney to
prepare a resolution declaring the position vacant.
Prepared By:
Sue Filson, Executive Manager
Board of County Commissioners
Date:
JUNE 12, Z007
COLLIER COUNTY
BOARD DF COUNTY Cor\1~~ISSIONERS
Item Number:
'B
rtemSummary:
Meeting Date:
ri8COp,rtlellClahm le:j' clme ,'I va;;;mc\, ,m the r:-'iJrk~; ,3nd Ren,"dtIDrI .4,cJvlsory EDmd
Cl12!:'()07 ,'()(J ()OF,M
I'rcp:lrcu By
Sua Filson
EX()G~Jtive Manager to lIw Bee
Date
80ardofSoun\y
Comm,ssioners
Bce OffIce
ApproVl'u By
J~mcsV_Mudd
Cout1tyMJm,ger
Date
BCla,clorC<lllnty
CommissiOrlE:cs
County Manager's Office
5,'3()120079:31 AM
n,,,,,,,,, ",_"V""""...,,,,., ""'AT>". ~~"""^"-'~n''''''',-,. '"' '.T"H
Aqenda Item [\10. 98
- June 12. 2007
"age 3 ~f 7
MEMORANDUM
DATE:
May 16, 2007
TO:
Sue Filson, Executive Manager
Board of County Commissioners
FROM:
Tona Nelson, Senior Administrative Assistant
Department of Parks and Recreation
RE:
Parks and Recreation Advisory Board Vacancy
Mr. John Ribes, the Chairman of the Parks and Recreation Advisory Board has
requested that I write this memo, He is requesting the Board of County
Commissioners to declare the seat held by Beth Barth vacant.
She has missed (3) three unexcused meetings, The last meeting she attended
was on February 21, 2007,
We have received a verbal resignation by phone,
If you need any more information, please call me at 254-4031,
filson s
.1\genda Item No, 98
June 12, 2007
Page 4 of 7
From:
Sent:
To:
Cc:
Subject:
NelsonTona
Monday, May 07,200710:41 AM
filson _ s
Williams Barry
Beth Barth - Parks and Recreation Advisory Board members not attending meetings
Sue-
Barry just talked with Beth and she said that she had resigned, He asked for an email to confinn the resignation and she
would not commit to sending an email or letter and then hung up,
Question is can we take Barry's verbal conservation with her as a resignation and have the seat vacancy advertised?
Tona
Agenda :tem No, 9B
J~Jne 12, 2007
t="!age 5 of 7
( -
Parks and Recreation Advisory Board
Name Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
Ms, Sarah Geroy 261-0185 12/12/06 12/31/10 4 Years
1917 Holiday Lane 793-7141
Naples, FL 34104
E-Mail: kerry,geroy@nationalcity,com
District: 4
Category: Urban
Mr, Timothy D, Toole 643-1844 03/08/05 12/31/05 9 months
1819 Princess Court 597-8690 12/13105 12/31/09 4 Years
Naples, FL 3411 0
E-Mail: tim@naplestitle,com
District: 2
Category: Urban \ ~eJ
Mr, John MacDougall r>>10~/o1 370-3304 10/22/02 12/31/03 I Year
~- 598-4105 02/1 0/04 12/31/07 4 Years
( 9809 Whitehall Street 3,f}
Naples, FL 34109
E-Mail:
District: 2
Category: Urban
Mr, John p, Ribes 261-4007 10/24/00 12/31/03 3 Years
218 W oodshire Lane 02/1 0-04 12/31/07 4 Years
Naples, FL 34105
E-Mail:
District: 4
Category: UIban
Mr, Frank Donohue 597-4575 OS/28/02 12/31/02 7 months
5961 Westport Lane 353-8584 12/12/06 12/31/10 4 Y cars
Naples, FL 34116
E-Mail: emeraldladyyacht@aol.com
District: 3
Category: Urban
Thursday, December 14. 2006
Page I (lf3
r
Agenda Item No, 9B
June 12, 2007
Page 6 of 7
Parks and Recreation Advisory Board
Name
Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
Mr, Edward Olesky
600 I Lake Trafford Road
Immokalee, FL 34142
E-Mail:
District: 5
Category: Immokalee
.\ .\41~
Ms, Beth Barth ve~ riI'
1746 Knights Court \t"'j
Naples, FL 34112
E-Mail: jbarth28@comcast.net
District: 1
Category: Urban
657-2401
OS/26/98
12/12/06
12/31/98
12/31/10
7 Months
4 Yrs,
, ,1,r7
Y bi""',, ,-(,
{, 'J
~ )
'\
~ 793-5798
07/25/06
12/31/09
3 Years
l
Th~rsdd;; Decem';;;' 14, 2006'
.'".:c-,>,
Page 2 of3
Agenda Item ~Io, 9B
June 12, 2C107
Page 7 of 7
(
Parks and Recreation Advisory Board
Name
Work Phone
Home Phone
Appt'd
DateRe-appt
Exp. Date
2ndExpDate
Term
2nd Term
This 7 member committee was created by Guidelines established on 11/25/75 and confirmed by
Ord, No, 93-81 to advise the Board of County Commissioners on any matters conceming
acquisition, development and programs involving parks and recreation facilities in Collier County,
Membership consists of 1 member from the Immokalee Community Park District, and 6
members from the Naples and Urban Area Community Park District. Terms are 4 years,
(
FLSTAT
Staff: Tona Nelson, Parks and Recreation: 353-D404
Thursday, December J 4, 2006
Page 3 of3
EXECUTIVE SUMMARY
Agenda Item No, 9C
June 12, 2007
Page 1 of 14
APPOINTMENT OF MEMBER(S) TO THE PARKS AND RECREATION ADVISORY
BOARD
OBJECTIVE: To appoint 2 members to fulfill the remainder of vacancies representing the
Naples and Urban Area Community Park District; I expiring on December 31, 2007 and I
expiring on December 31, 2009, to the Parks and Recreation Advisory Board,
CONSIDERATIONS: The Parks and Recreation Advisory Board has 2 vacancies due to
resignations, Representation on this board consists of I member from the Immokalee
Community Park District, and 6 members from the Naples and Urban Area Community Park
District. This 7 member board advises the Board of County Commissioners on matters
pertaining to the acquisition, development and programs involving the County's park facilities,
Terms are 4 years, A list ofthe current membership is included in the backup,
Mr. John MacDougall resigned on March 31, 2007 and Beth Barth resigned some time ago but
refused to submit letter of resignation, A press release was issued and resumes were received
from the following 3 interested citizens:
APPLlCAI'T
CATEGORY
DIST ELECTOR ADV, COMM,
Barbara F. Buehler Naples and Urban Area 5 Yes None
Bart Zina Naples and Urban Area 2 Yes None
Thomas D. McCann Naples and Urban Area 2 Yes None
COMMITTEE RECOMMENDA nON: Applicants ranked in the following order:
I, Bali Zino
2, Barbara Buehler 2, Thomas McCann - not present for interview
FISCAL IMPACT: NONE
GROWTH MANAGEMENT IMPACT: NONE
RECOMMENDA nON: That the Board of County Commissioners consider the
recommendation for appointment, appoint 2 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: JUNE 12, 2007
Page' or
,o<wnd:i ltun
. ,lune 12
f':qr-;:;'JI
COLLIER COUNTY
8DARD OF COUNTY corM,1ISSI0NEP.S
Item Number:
Item Summary:
Meeting Date;
;,'pr Qlnr'Tlent of ,llernbt'rs tu H+ Pij,.k& and ~~"" ITia\lor, f'.dvISQI\' 2nu-d
,):'~ ~i20Di 9.0[j':m AM
Prepared By
Sue Fil~on
!::xecu:<ve ManJgerto t!1oo Bee
Date
BClMdofCounty
CDmmi~s,oners
BccomCB
ApprII\'cd By
J"mC5V, Mudd
County Manager
DJte
Bo~rd of County
CDmmisslOners
County Mafwger's Off,ce
51301200110,11 AM
""L.II"_\. ~~..L.7'
... ~~\n. ..... .,>/""","'1" "'I""""""",,,,,, "/"'I"nr.. nro."'''''''r.l~'' "'I{vv"\~ n.T'r"
,l1,ge;lda item f'.Jo. 9C
June 12, 2007
Page 3 of '4
COLLIER COUNTY DIVISION OF PUBLIC SERVICES
Parks and Recreation Department
15000 Livingston Road. Naples, Florida 34109' Phone (239) 254-4000. FAX (239) 514-8657
Website: colliergov,net
MEMORANDUM
DATE
May 16, 2007
TO
Sue Filson, Executive Manager
Board of County Commissioners
FRorvl:
Tona Nelson, Senior Administrative Assistant
Department of Parks and Recreation
HE
Parks and Recreation Advisory Board
At the regularly scheduled meeting of May 16, 2007 the Parks and Recreation
Advisory Board members interviewed the applicants for the two Advisory Board
vacancies and ranked the applicants as follows:
1, Bart Zino
2, Barbara Buehler
2, Thomas McCann -
Barbara Buehler and Thomas McCann received the same number of votes,
None of the applicants are incumbents,
If you need any more information, please call me at 254-4031,
c
o
1~':'
e
r C
o
u
n
t
y
~
~
Agenda Item No. 9C
.June 12.2007
Page 4 of 14
Parks and Recreation Advisory Board
Name
Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
Ms. Sarah Geroy 261-0185 12/12/06
1917 Holiday Lane 793-7141
Naples, FL 34104
E-Mail: keny.geroy@nationalcity.com
District: 4
Category: Urban
\
!
Mr. Timothy D. Toole
] 819 Princess Court
Naples, FL 34110
E-Mail: tirn@naplestitle.com
District: 2
Category: Urban , J
f'&
Mr. John MacDougall >>\0\/01
9809 Whitehall Street rs ,rr
Naples, FL 34109
E-Mail:
District: 2
Category: Urban
643-1844 03/08/05
597-8690 12/13/05
370-3304 10/22/02
598-4105 02/10/04
Mr. John P. Ribes 261-4007 ]0/24/00
218 Woodshire Lane 02/10-04
Nap]es, FL 34105
E-Mail:
District: 4
Category: Urban
Mr. Frank Donohue 597-4575 OS/28/02
5961 Wes1port Lane 353-8584 ]2/12/06
Nap]es, FL 34]]6
E-Mail: cmera]d1adyyacht@aol.com
District: 3
Category: Urban
{-.
12/31/10
4 Years
12/31/05
]2/31/09
9 months
4 Years
] 2/31/03
]2/31/07
1 Year
4 Years
] 2/31/03
]2/31/07
3 Years
4 Years
12/31/02
]2/31/10
7 months
4 Years
Th:~;~d;;y:T5~~~;"b~';~;4:2Bo6~=~'~:'2?:r~'~,'v-~,O\:"'<; ":'-:'~"""~-':"'''''~~~=''~T~{.~p;;~~:l;J3~"::.?'C-')",,~-'-~--',-~;-;"
'!C'-;".H:l:;;::;;T'-:;;:=':;.,:-;::-7,'~-";~
Agenda Item No. 9C
June 12. 2007
Page 5 of 14
( " Parks and Recreation Advisory Board
Name Work Phone Appt'd Exp. Date Tenn
Home Phone DateRe-appt 2ndExpDate 2nd Term
Mr. Edward Olesky OS/26/98 ]2/31/98 7 Months
6001 Lake Trafford Road 657-2401 ]2/12/06 ]2/31/] 0 4 Yrs.
Imrnoka]ee, FL 34]42
E-Mail:
District: 5
Category: Immokalee
.\ ,~
Ms. Beth Barth ~efP 07/25/06 ]2/3 ]/09 3 Years
1746 Knights Court \€ ~'0 793-5798
Naples, FL 341]2
E-Mail: jbarth28@comcast.net
District: 1
Category: Urban
c
c
Ti;l'~-;sd~y: jj"'e~;:b~~'Y:{'2006-'~"~"'- -.- - ,.c_; ::--?o-'__~.
" "c-",,"r_:.'~.~~ '<.~" _",
Page 2 of]
--
r
\.
(- .
Agenda Item No. 9C
.June 12, 2007
Page 6 of 14
Parks and Recreation Advisory Board
Name
Work Phone
Home Phone
Term
2nd Term'
Appt'd Exp. Date
DateRe-appt 21ldExpDate
This 7 member committee was created by Guidelines established on 11/25/75 and confirmed by
Ord. No. 93-81 to advise the Board of County Commissioners on any matters concerning
acquisition, development and programs involving parks and recreation facilities in Collier County.
Membership consists of 1 member from the Immokalee Community Park District, and 6
members from the Naples and Urban Area Community Park District. Terms are 4 years.
FL STAT
Staff: T ona Nelson, Parks and Recreation: 353-0404
'.'~--:-e.o~:__'.:'_,_""".'.,",-___.,,:-,.':,,,,,_,,_,,__,,,,,::__,::~
17;u;;d~y~ ij~c;~b;;' j 4, 2006 A .. ~
c ...,,0 ~':"~:-::,,--~'~;OC."Y;0 ',,-,:: 'c.''" 'c',,-~~._ ::;;',.., .'.~~.'_ '."._:~_ "..'",-,_..C-:...,.
Pagel of 3
/-'\genda Item No. 9C
J~_ms 12. 20U7
P3ge 7 of 14
MEMORANDUM
~~";'\
DATE:
April ] 6, 2007
Elections Office j
Sue Fi]son, Executive Manager J'
Board of County Commissioners
TO:
FROM:
RE:
Voter Registration - Advisory Board Appointments
The Board of County Commissioners will soon consider the following individuals for
appointment to one of the county's advisory committees. Please let me know if those listed
below are registered voters in Collier County.
A]so, please list the commission district in which cach applicant resides.
PARKS AND RECREATION ADV BD
COMMISSION DISTRICT
BarbaraF. Buehler
3989 Bishopwood Ct., W#102
Naples, FL 34]]4
5
~
0\
Bart Zino
] 13 Heritage Way
Naples, FL 34] 10
Thomas D. McCann
709 Pitch Apple Lane
Naples, FL 34108
Thank you for your help.
. ,..-
MEMORANDUM
Agenda Item No. 9C
.June 12. 2007
Page 8 of 14
DATE:
April ] 6, 2007
TO:
Tona Ne]son, Parks and Recre~ai
Sue Fi]son, Executive Manager
Board of County Commissioners .
FROM:
RE:
Parks and Recreation Advisory 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:
Barbara F. Buehler
3989 Bishopwood Ct., W#102
Naples, FL 34]]4
Bart Zino
113 Heritage Way
Naples, FL 34110
Thomas D. McCann
709 Pitch App]e Lane
Naples, FL 34108
Please let me know, in writing, the recommendation for appointment of the advisory committee
within the 4] 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
filson _ s
Page] of2
Aosnda Item No. 9C
'-" ,June 12, 2007
Page 9 of 14
Advisory Board Application
From Robert. buheler@comcast.net
-'t:: Monday, April 09, 2007 5:13 PM
To: filson_s
Subject: New On-line Advisory Board Application Submitted
Advisory Board Application Form
Collier County Government
3301 E. Tamiami Trail
Naples, FL 34112
(239)774-8999
Application was received on: 4/9/20075:13:02 PM.
Name: !Barbara F. Bueh]erj Home Phone: ~39-4] 7-]84]1
Home Address: 13989 Bishopwood CT W #]021
City: lNaple~ Zip Code: 134] ]41
Phone Numbers
Fax: I Business: I
_ e-Mail Address:lRobert.buheler(aJcomcast.nc~
Work Place: IRetire~
How long have you lived in Collier County: I[@J
Have you ever beeu convicted of any offense against the law? ~
Are you a registered "oter in ColIier County? IY e~
Board I Committee Applied for: !collier County Parks and Recreation Boar~
Category: 1N0t indicate~
Do you currently hold public offfice? ~
Do you currently or ever served on a ColIier County Board or Committee? ~
-
Please list your communi activities:
olunteer Guardian Ad Litem 6 Yrs Volunteer Physicians Regional Medical Center-Collier Boulevard
since it's 0 enin
Education:
4/] 0/2007
'~
Advisory Board Application Page 2 of2
A onda Item No 9C
1960 Graduate of Bradley Bourbonnais HS Bradley n ] 970 Graduate of Co! of Advance .June 12, 2007
rans ortation Chiea 0 n Page 10 of 14
~
,...,
.
4/10/2007
Ex erience:
anager of Transportation @ Swift & Co Bradley I16 Years Transportation Manager@Bunge Food
rad]ey IL ] 8 years also Warehouse Manager at same. Responsible for inbound crude oils for edible
efine and delive of finished roducts to Customers Retired from Bun e in March of 2000
filson_s
Page I of2
Agenda item No. 9C
.June 12,2007
Page 11 of 14
Advisory Board Application
From: Bzino@Pbscontractors.com
et: Thursday, March 29, 2007 9:49 AM
To: filson_s
Subject: New On-line Advisory Board Application Submitted
Advisory Board Application Form
Collier County Government
3301 E. Tamiami Trail
Naples, FL 34112
(239)774-8999
Application was received on: 3/29/2007 9:48:59 AM,
Name: !Bart Zinol Home Phone: ~39-593-04241
Home Address: I] 13 Heritage Way!
City: iNaple~ Zip Code: 134] 101
Phone Numbers
Fax: ~39-643-10801 Business: tz39-643-65271
. e-Mail Address:!Bzmo!a)Pbscontractors.com!
Work Place: !professional Building System~
How lon~ have you lived in Collier County: !more than 151
Have you ever been convicted of any offense a~ainst the law? ~
Are you a registered voter in Collier County? !yd
Board / Committee Applied for: IParks & Recreation Advisory Boar~
Category: !Not indicate~
Do you currently hold public offfice? ~
Do you currently or ever served on a Collier County Board or Committee? ~
.
Please list our communi activities:
urrent Leadership Collier Class of2007 Chairman of the Farm City Bar B Que Bonita Springs Paint
our Heart Out Board of Directors for the North Na les Little Lea 'ue
Education:
3/29/2007
'Jr. .~....~.,._._~._.,.._- "'1
Advisory Board Application
!High School Some College State Contractors Licens~
C-l
~
3/29/2007
Page 2 of2
Agenda Item No. 9C
,June 12, 2007
Page 12 of 14
~
Ex erience:
have always been heavily involved in Litt]e Leagues and youth sports. I have served on Consumer
d Contractor Advisory boards in NY, and represented national trade and business groups as well. M
ommunity involvement here in Collier County has grown over the last 9 years. I have worked
xtensive]y with Joe Delate, Murdo Smith, Tony Ruberto, Mary Ellen Donner and Barry Williams on
ommunity and professional issues many times, and feel that I have a better than average
derstanding of Parks and Recreation in Collier County. As the father of three boys (] in college, 1
raduating high school and ] fmishing elementary school), I think I have a good feel for the needs of
e outh of the communi , and can offer in ut from that se ment of the ulation.
.
.
.
Board of County Commissioners
33(11 East Tamiami Trail
Naples, FL 34112
(239) 774-8097
Fax: (239) 774-3602
Agenda item No. 9C
June 12, 2007
Pape 13 'Jf 14
t.
Application for Advisory Committees/Boards
Name:_Thomas D. McCann
Home Phone: 239-254-8331
Home Address:_709 Pitch Apple Lane, Naples, FL
Zip Code:_34108_
Fax No._239-254-8331_ Business Phone:
e-mail address:TMcCann24@Comcast.net_
Place of Employeement:_Retired
Board or Committee Applied for: Parks and Recreation Advisory Board
Category (ifapplicable):_Lay Person_Naples and Urban
Area
Example: Commission District, Developer, environmentalist, lay person, etc.
How long have you lived in Collier County: Years_6
Months_6_
Are you a registered voter in Collier County: Yes_X
No
Do you currently hold public office? Yes
If so, what is that office?
x
No
Have you ever been convicted of any offense against tbe Law?
If yes, explain:
Yes
No X
Do you now serve, or have you ever served, on a Collier County board or committee? Yes
If yes, please list the committees/boards:
No_X_
Please list your community activities (civic clubs, neighborhood associations, etc. aod positions held:_
Elected Town Councilman in Westchester County, NY. Elected to Richmond, MA Planning Board.
Vice-Chair (2 yrs) and Chair (3 yrs) of Berkshire County, MA Regional Planning Commission.
Served as Berkshire County representative on Mass. Dept. of Transportation's_Metropo6tan Planning
Association.
Chaired the Parks, Recreation and Conservatiou Commission of Westchester County, NY
for 10 years. Member ofthe Board of the State University of New York at Purchase, NY for eight years.
Currently Member ofthe Board oftbe Naples Botanical Garden and the Boys and Girls
Club.
Educatioo:_BA (1962) Marquette Univ. JD (1965) Georgetown Univ. Law Center
Experience:_1 served for 8 years on my MA Town Planning Board aod for 5 years as Chair or Vice-Chair
ofthe Berkshire County (MA) Regional Planning Association. 1 also served on the Massacbusetts
Metropolitan Planning Association and Cbaired Ibe Westcbester County (NY) Parks, Recreation and
~,~_.~..~...-._.. "--'--"--r--".~""~-
'"
-)
~
Agenda 11em No. 9C
.June 12, 2007
Conservation Commission for ten years.. In the various positions I held, I worked with professionllolJge 14 of 14
staIT planners and state Planning, Conservation and Transportation officials.__
As Chair of the Westchester County, NY Parks, Recreation and Conservation Commission, I was involved
with all aspects of park planning, acquisition and oversight. _We operated six golf courses, numerous pools and
parks ranging from small urban pockct parks to the 4000 acre Ward Pound Ridge
Reservation.
PleJISe attach any addltiorud information you 1m pertirrent. This t1ppUcation should beforwarded tD Slit! Filsoll, Eucutive. Manager to
the Board of County Commissioners, 3301 East Ttuniami Trail, Naples, FL 34112. If you wish, plea-ve fax YOMr application to
(239) 774.3602 or e-mail tosuefil.mn(ii:cfJl/ier[Wl.. "el. Thank you for volunteering to serve the citizens of Collier Coun(V.
EXECUTIVE SUMMARY
Agenda Item No. 90
.June 12, 2007
Page 1 of 11
APPOINTMENT OF MEMBER(S) TO THE ENVIRONMENTAL ADVISORY COUNCIL
OBJECTIVE: To appoint 1 Alternate member to serve a 4 year term, expiring on April 13,
20] I, to the Environmental Advisory Council.
,......
CONSIDERATIONS: The Environmental Advisory Council is a 9 member (plus 2 alternate
members) council acts in an advisory capacity to the Board in matters dcaling with the
regulation, control, management, use or exploitation of any or all natural rcsources within the
County, and the review of all land development petitions which require an environmental impact
statement (ElS) per section 10.02.02 A of the Code, all developmcnts ofregional impact (DR!),
lands with special treatment (ST) or Area of Critical State Concernl Special Treatment zoning
overlays, areas of the county covered by interlocal agrecments, any petitions which cannot be
resolved between the applicant and staff. The membcrship will include technical and non-
technical members. Technical members shall demonstrate evidence of expertise in one or more
of the following areas related to cnvironmental protection and natural resources management:
Air Quality, Biology (including any ofthe sub-disciplines such as botany, ecology, zoology,
etc.), Coastal Processes, and Estuarine Processcs, Hazardous Waste, Hydrogeology, Hydrology,
Hydraulics, Land Use Law, Land Use Planning, Pollution Control, Solid Waste, Stormwatcr
Management, Water Resources, Wildlife Managemcnt, or other representative areas deemed
appropriate by the Board such as, but not limited to, a representative of the development
community. Alternate EAC mcmbers will be rcquested to attend meetings when regular EAC
members have notified staff that they will be absent. Altcrnate members will participate in
discussions and vote when replacing a regular member. Alternate mcmbers must be technical
members that can demonstrate expcrtise in environmental protection and natural rcsource
management. Tcrms are 4 years. A list of the currcnt membcrship is included in the backup.
Ordinance 91-102 was amended on Deccmber 14,2006 to add 2 Altemate positions to this
council. One Alternate membcr was appointed on April 24, 2007. A press release was issued
and] additional resume was received from the fDllowing intcrested citizen:
APPLICANT
CATEGORY
[)[ST ELECTOR ADV. COMM.
I Mark Fenton
I Technical
~ None
COMMITTEE RECOMMENDATION: Quasi-judicial - no recommendation
FISCAL IMPACT: NONE
GROWTH MANAGEMENT ]MPACT: NONE
RECOMMENDATION: That the Board of County Commissioners consider the request for
appointmcnt, appoint 1 Alternate member, and direct the County Attomey to prepare a resolution
confirming the appointment.
Prepared By: Sue Filson, Executive Manager
Board of County Commissioners
Agenda Date: JUNE 12,2007
Page 1 of 1
!\\1'JWJFJ 11",rn r~O ~iO
JI;ne 12 2UU7
PeJ:)P:' of 11
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
tJ,')
Item Summary:
Meeting Date:
;<p:::()In~ll1ent elf lTIerntler to the c_nVI10nrn("1falll.:JvI' Jry C~'lI"cil
b.'12/L'J07!J 0(1 ()uAM
Prepared By
Sue Filson
Execu\''/e Managcrtotilf.' ReG
D~te
BOMdofCoumy
Commissioners
SeCQlfice
Approvcl.l By
J"mcsV_ Mudd
County Man~ger
Date
r50,H-d of County
Commiss,oners
County ManJqc:-sOff,ce
5130/2007925AM
_ _ _"''',,''' 11/"""""""'"'' Il/"""r. A nT'<n'''''r~T:'n'''''''r.l n.'T""
A.QE::nda item ~--Jo. 9D
.June 12,2007
Page 3 or 11
@<>
if:JC
N.
Memorandum
From:
Sue Filson, Executive Manager, BCC
Summer Araque, Senior Environmental Specialist. Environmental Services
Department
To:
Cc:
Barbara Burgeson and Susan Mason, Environmental Services Dept.
Date:
May 23, 2007
Subject:
EAC applications
I have reviewed the application from Mark Fenton for the vacant "Alternate" EAC
position. The following is a brief outline of the applicant's qualifications. The application
and email conversations were used to provide the following information.
Mark Fenton is a qualified technical applicant. He has lived in Collier County 3 years
and currently works as a Financial Planner for Lincoln Financial Advisors. He has a
Bachelor's of Science in Chemistry from John Carroll University. He also has a
Master's Degree in Polymer Science from Case Western Reserve University. Mr.
Fenton has a background in a combination of technical, business, and financial
experience. His technical career was focused in medical and health care product
development. He was a manufacturer in Ohio which required him to be familiar with the
EPA air and ground quality regulations for hazardous waste generation.
Call me at 530-6290 if you have any questions. Thank you very much.
Environmental Services Department
Community Development & Environmental Services Division
11'
Agenda Item r\!o. 9D
.June 12,2007
Page 4 of 11
Environmental Advisory Council
Name
Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
Mr. Richard W. Miller 03/13/07
6067 Fairway Court 594-8640
Nap]es, FL 34]] 0
E-Mail: RWMCnsltg@aol.com
District: 2
Category: Technical- Science; engineering geology
04/13/] 0
3 Years
Ms. Judith M. Hushon
] 659 Chinaberry Court
Naples, FL 34105
E-Mail: judyhushon@aol.com
District: 4
Category: Technical - Bio]ogy
04/13/04
04/13/08
4 Years
643-8222
Mr. Nick Penniman 04/] 2105 04/13/09 4 Years
t~ 6] ] Portside Drive 261-7292
Naples, FL 34103
E-Mail: ngpn@aol.com
District: 4
Category: Technical-Environmental
Mr. William W. Hill ] 1/29105 04/13/1 0 4+ Years
5928 Cranbrook Way, D205 774-4412
Naples, FL 34] 12
E-Mail: billhill44@aol.com
District: ]
Category: Technical - Professional Engineer
Mr. Roger Jacobsen 213-7121 01/09107 04/13/11 4 Years
] 46 San Salvador Street 642-9618
Nap]es, FL 34] 13
E-Mail: rjacobsen@l...-naplesgov.com
District: ]
Category: Non- Technica]
~- ~'i'_T-::-'-:' ..,-.~,:.' '.,,_.,,",.~. ...,:J;;;,._.~_; -,.~> ~.' -.
Wednesday, April 25, 2007 lof3
(
AOE:mda Ilern No. 90
" June 12. 2007
P8ge 5 of 11
Environmental Advisory Council
Name
Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
Mr. William W. Hughes 435-1188 04/13/03
450] Rosea Court 435-3923 04/24/07
Naples, FL 34104
E-Mail: YvonneHughes@comcast.net
District: 4
Category: Technical-Water Treatment & Hazardous Waste
Mr. Llewellyn Williams, Ph.D. 04/24107
3824 Jasmine Lake Ct. 592-9852
Naples, FL 34]]9
E-Mail: vegasllewell@comcast.net
District: 3
Category: Technical-Environmental Scientist
(
Mr. Michae] V. Sorrell 353-5932
2335 Wilson Boulevard, N. 571-7781
Naples, FL 34]20
E-Mail: viww.colliersportsman@botmail.com
Di.~trict: 5
Category: Non- Technical - Owner Lawn Service
06/11/02
04/24/07
Mr. Lee Horn 287-5044 01/1 ]/05
2225 Malibu Lake Circle, #621 287-5044
Naples, FL 34]] 9
E-Mail: sportslem@aol.com
District: 3
Category: Non-Technical - Business Finance and Marketing
Mr. David Bishof 340-0593 04/24/07
9672 Litchfie]d Lane 566-1251
Naples, FL 34]09
E-Mail: dbishof@cte.cc
District: 2
Category: Technical - AL TERNA TE
(,
Wednesday, April 25, 2007
Page 2 of3
04/13/07
04/13/11
4 Years
4 Years
04/13/09
2 Years
04/13/03
04/13/1 ]
]0 Mos.
4 Years
04/13/08
3 Years
04/13/1 ]
4 Years
H1!"'
Agenda item No. 9D
.June 12. 2007
Page 6 of 11
Environmental Advisory Council
Name
Work Phone
Home Phone
Appt'd
DateRe-appt
Exp. Date
2ndExpDate
Term
2nd Term
This 9 member council acts in an advisory capacity to the Board in matters dealing with the
regulation, control, management, use or exploitation of any or all natural resources wrthin the
County, and the review of all land development petitions which require an environmental impact
statement (EIS) per section 10.02.02 A of the Code, all developments of regional impact (DRI),
lands with special treatment (ST) or Area of Criticai State Concern! Special Treatment zoning
overlays, areas of the county covered by intertoeal agreements, any petitions which eannot be
resolved between the applicant and staff. The Board should consider a membership guideline of
six (6) technical and three (3) non-technieal members. Technical members shall demonstrate
evidence of expertise in one or more of the following areas related to environmentai protection
and natural resources management Air Quality, Biology (including any of the sub disCiplines
such as botany, ecology, zoology, etc.), Coastal Processes, Estuarine Processes. Hazardous
Waste, Hydrogeology, Hydrology, Hydraulics, Land Use Law, Land Use Planning, Pollution
Control, Solid Waste, Stormwater Management, Water Resources, Wildlife Management, or
other representative areas deemed appropriate by the Board such as, but not limited to, a
representative of the development community. This is a Quasi-Judicial Committee. After initial
appointments, terms are 4 years.
I.
On December 14, 2006, the BCC approved Ord. No. 2006-83 adding 2 Alternate positions to the
EAC. Alternate members will participate in discussions and vote when replacing a regular
member. Alternate members must be technical members that ean demonstrate expertise in
environmental protection and natural resource management. Terms are 4 years.
FLSTAT:
Staff: Summer B. Araque, Senior Environmental Specialist: 530-6290
c.
"'-.:' : "__ c.... .." '-_--,~' c- -.. '__"'_'.,';"'.. ..~.-
ri'ed~esd~. Ap;U 2j: 2007~
Page 3 of3
Agenda Item No 90
.June 12.2007
F'age 7 of 11
MEMORANDUM
DATE:
April ] 6, 2007
FROM:
Elections Office :!j
Sue Fi]son, Executive Manager ' ,
Board of County Commissioner
TO:
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.
ENVIRONMENTAL ADVISORY COUNCIL
COMMISSION DISTRICT
Mark Fenton
3085 Windsong Court, #903
Naples, FL 34] 09
c9
Thank you for your help.
'It'
MEMORANDUM
!\aenda Item No. 9D
- .June 12, 2007
Page 8 of 11
DATE:
April ] 6, 2007
TO:
Summer B. Araque, Scnior En~', ,ntal Specialist
Sue Filson, Executive Manager
Board of County Commissioner .
FROM:
RE:
Environmental Advisory Council
As you know, we currently have] 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:
Mark Fenton
3085 Windsong Court, #903
Naples, FL 34109
Please let me know, in writing within the 4] 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
.
.
.
Ao-::nda Item No. 90
J June 12. 2007
Pa"e9of11
''11
Namc: II/IMI' fGwo,J HomePhone:ZJ'1-~-'71-1'77.f
Home Address: 30.f'1-- W/l-.dJ-~"r Cr. $<('-'3 Zip Code: 3'{109'
.
Fax No. g(,1,' ,):;0- 7"l.:lSBuslness Phone:;l39~ S:-'!I- :1'17.f' e-mailaddress:f~""fD.,t')r? <&<rtLl!'i.!<,";;y'-
"
Place of Employment: cI,,, <",-If: '1'?;,.'''< ,.,y /1Jv/'rad
Board or Committee Applied for:
€Av"M:.v,;.~'i~.....;t~ /f:lt....i'1:.'.'y
/
/1 ,~,
LOo.-f;"\.c'1
Category (if applicable):
Example: CommislIioD District, Developer. environMentalist, lay person, ttc.
How long bave you lived in Collier County: Years
.3
V"
No
Months
Are you a registered voter in Collier Connty: Yes
Do you currently hold public office? Y co
If so, ",bat is that Om"?
t../
No
Have you ever been convicted of any offense against the Law?
If yes. explain:
v/
No
Yes
Do you now serve, or bave you ever served, 00 a Collier County board or committee! Yes
If yes., please list the committeesJboards:
N. v'
I'leaBe list your community activitiCl! (civic clubs, neighborhood associations, ele. and positions
beld: R ,,_j ItVI+.tv _ f'j,zf4.cc. PI' M"'-'.'n>- S.,. Cd/'",- (''''''-7
Wi.....,.el tf'-f . V ~ --".~ ,. , -Mr.~ ~ t:i e. 4.....1-IV Ci,.>......,uA-c.,..~;.
tf'~.....:-~,....,"'c. ;ky~1. (c....""c/.-r"'F C.c -r/o/,-;-"'~ c"fY" C.:-..-vt 1+'f;'fI<"es _
I "...v.l<:."'- '-<
Experience:
ft1<<":"..zP' Uk.! ft...jJ,i'/ e:;,,-e, /,f7!.I'-'Lff deve-/.?..._<e>.:s:r.-
~. Ii! .~t'HG-<:'- ~ iFl'A A,'; d-J i':,.~...-.:/ ' ",;;. '
.., , 6 ..... _'"r' __.1 "':'r1 " ,L,7C r 'i'
,S
PJetzse attflCh 411)' tulditJolUlllnjormolitm yoIl f<<l pertblDIt. This appIic8Iio. s/roukJ belDl'Wal1led to Su F'lIIon, F.:u:crI:tin MII1t4/J6' to
ihL Board of Cbllllly ~ 3301 &at TIl1nionIi Tmil. NilpILs, FL 341 i 2 Ifyflu wish. pletae faxYONT dpplictllioft Ii)
(239)774-3602 or e-mail1tJ Thlllfkyoufol'~ ID senetM dtiu", ofColJier CowI(J'.
-"-T-
, -
filson_s
Page] ofl
Agenda Item No. 90
June 12. 2007
Page 10 of 11
-"rom: Fenton Business Solutions [fentonbiz@earthlink.net]
~t: Monday, April 02, 20071:24 PM
~: filson_s
Subject: Environmental Advisory Council
Attachments: res1.18.doc; EnvirAdvCouncil app.tif
I am submitting an application for a position on the Environmental Advisory Council.
My background is a blend of technical, business and financial experience. Undergraduate major was in chemistry with heavy
biology coursework (pre-med) including ecology; Master's Degree in polymer science from an engineering school. My technical
career was focussed primarily in medical and health care product development. As a manufacturer in OH, I was familiar with the
EPA air and ground quality regulations for hazardous waste generation, and I enjoyed a good relationship with those local
departments. And as a business owner, I appreciated being able to have dialog with goverment compliance groups in a non-
adversarial manner.
My interest in doing this is in supporting efforts to maintain the quality of life and beauty and natural resources that attract
residents and visitors to Naples and Collier County. Growth is essential to the long term economic growth of a region, so long as
there is a balance so that the reasons people come here are preserved.
Please call me with any questions. I look forward to discussing this with you in greater detail.
Regards.
Mark Fenton
Home/Office: 239-591-3978; cell: 239-404-<5750; fax: 866-220-9925.
.,
At
4/2/2007
Aaenda Item No. 90
~ .June 12. 2007
P3ge 11 of 11
.
Mark D. Fenton
3085 Windsong Ct. #903
Naples, FL 34109
Home phone 239-591-3978
Cell phone 239-404-8750
Email fentonbiz@earthlink.net
Objective
To promote new business development within an organization by analyzing opportunities,
developing marketing strategies, and executing with a successful sales program.
Professional Profile
Solid technical, management, marketing and sales expertise encompassing over 25 years of
successful entrepreneurial business development Responsibilities have included:
'Analyzing customer needs and goals
'Planning creative business solutions
'Developing innovative products
'Creating and executing sales and marketing programs
'Establishing mutually beneficial partnerships.
Employment History and Accomplishments
Business Development Consultant, Fenton Business Solutions (2003- Present)
Assisting companies in all types of industries with creating, marketing and selling their products or
services to achieve new business growth goals. Also serving as a sales and marketing
organization for client products and services.
.
Financial Planner, Lincoln Financial Advisors (2006 - Present)
Financial Planning for individuals, estate planning, business succession planning, investment
management.
Financial Advisor, Morgan Stanley (2005 - 2006)
Creating financial solutions for indiViduals and businesses.
President, Medco Labs, Inc. (1987 - 2004)
Founded this company to develop and manufacture custom coated and laminated materials for
industrial adhesive tapes and medical wound care products; also consumer products such as
transdermal patches and cleansing wipes. The company gained a reputation for innovation and
excellence in the markets served, and eamed the loyalty of a prestigious list of customers world
wide.
Market Development Specialist, National Starch and Chemical Corp. (1984 -1986)
Identified opportunities for specialty adhesives and coatings, and marketed the new industrial,
medical and pharmaceutical products.
Scientist, Kimberly-Clark Corp. (1982 - 1984)
Designed nonwoven fabric disposable medical products, now commonplace in hospital wards
and operating rooms.
Production Manager, Marlen Manufacturing Co. (1977 -1982)
Developed and supervised manufacturing of plastic and rubber fabricated parts for medical
devices.
.
Education
M.S., Polymer Science, Case Western Reserve University, Cleveland Ohio, 1977
B.S., Chemistry, John Carroll University, Cleveland Ohio, 1974
1r
EXECUTIVE SUMMARY
j'oenda Item No. 9E
.. .June 12, 2007
Page 1 of 11
DISCUSSION AND POSSIBLE DIRECTION FROM BOARD OF COUNTY
COMMISSIONERS REGARDING AMENDING ORDINANCE 200J -55
OBJECTIVE: To discuss and possibly give direction to the County Attorney to amend
Ordinance 200]-55, as amended.
CONSIDERA TIONS: Ordinance 200]-55, as amended, states that "No member of any County
Board shall become a candidate for an elcctive political otftce and continue to serve on such
Board during his or her candidacy."
Ordinance 200]-55. Section Five (E) has implications with respect to the County Government
Productivity Committee, the Tourist Development Council, thc Collier County Coastal Advisory
Committee and even possibly the Southwest Florida Regional Planning Council. It is my
recommendation that we review this ordinance to deternline if it is necessary and consider
revoking that section of the ordinance if there is no beneticial purpose served by requiring
candidates to resign from advisory boards.
FISCAL IMPACT: NONE
GROWTH MANAGEMENT IMPACT: NONE
RECOMMENDATION: That the Board of County Commissioners consider amending
Ordinance 200]-55 as amended, specifically revoking Section Fivc (El and direct the County
Attorney to prepare an amendmcnt to the Ordinance.
Prepared By: Sue Filson, Executive Managcr
Board of County Commissioners
Agenda Date: JUNE 12, 2007
,'.""
').34567 9
/, 70
~ ~ /) ~~..
~ ~ ~
~ ,~ ~~~ c:.
~ \ V::..\~~ i RDINANCE ESTABLISHING STANDARDS FOR CREATION
"1>, \-.\} "'\) AND REVIEW OF COUNTY BOARDS AND PROVIDING FOR
:l1;>"~1;" O'tf>~" A POLICY DECLARATION; PROVIDING DEFINTIONS;
a-ZZ\. PROVIDING FOR CREATION OF NEW BOARDS;
PROVIDING EXEMPTION; PROVIDING QUALIFICATIONS
AND REQUIREMENTS FOR MEMBERSHIP; PROVIDING
PROCESS OF APPOINTMENT; PROVIDING TERMS OF
OFFICE; PROVIDING AlTENDANCE REQUIREMENT;
PROVIDING SCHEDULE FOR REVIEW OF BOARDS;
PROVIDING FOR REPEAL OF ORDINANCE NO. 86-41, AS
AMENDED; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF
LAWS AND ORDINANCES; AND PROVIDING FOR AN
EFFECTIVE DATE. .'0
~l:\~
\'"-:'
ORDINANCE NO. 2001-
Agenda Item No. BE
.June 12. 2007
Page 2 of 11
<;r;
-;;;
e-
n ....1
~ ,-
NOW, THEREFORE, BE IT ORDA]NED BY THE BOARD QF: CQ!JNT!::
COMMISSIONERS OF COllIER COUNTY, FLORIDA, that: '~~, '?: '~
SECTION ONE: Policy Declaration. ';;:.\ ,,-"
-;tip (...)
It is hereby declared to be the policy of the Board of County commiSjJ'ohelS' of
Collier County, Florida, to promote economy, efficiency and improve service in the
transaction of the public business by County 80ards. Nothing In this Ordinance shall be
construed to prohibit or restrict the County Commission from amending or abolishing, at
any time, any Board currently In existence or thereinafter created.
SECTION TWO: Definitions.
The term "Board" is defined to Include every agency, advisory board, regulatory
board, quasi-judiciai board, committee, task force or any other group created and
funded in whole or in part by the 80ard of County Commissioners.
The term "Commission" Is defined as the 80ard of County Commissioners of Collier
County, Florida,
SECTION THREE: Creation of New Boards.
A. All Boards created after the effective date of this Ordinance shall be created by
ordinance only, except for Ad-Hoc or Task Force Committees. Such ordinance shall set
forth the Board's purpose; functions; powers; responsibilities; jurisdiction; membership
requirements and restrictions; terms and conditions of appointment to and removal
from the Board; and the specific staff support necessary to prepare an annual report,
either oral or written, to be presented to the Commission.
B. Prior to the advertised public hearing held for the adoption of said ordinance,
the County Manager shall submit to the Commission a report setting forth following
Information concerning the proposed new Board:
1) Whether the establishment of the board will create sufficient betterment to
the community to Justify the Commission's delegation of a portion of Its authority.
2) Whether another Board, either public or private, already In existence, could
serve, or is serving the same purpose.
~
_..--_.~<<~------'-"--
Aaenda Item No. 9E
~~ June 12, 2007
3) The costs, both direct and indirect, of establishing and malntalilf.1g'ttie hew
Board.
4) Whether creation of the new Board Is necessary to enable the County to
obtain state or federal grants or other financing.
5) Whether the 80ard should have bonding authority.
6) Whether creation of a new Board Is the best method to achieve the benefit
desired.
SECTION FOUR: Exemption to Ordinance Requirement: Ad Hoc Committees
and Task Force Committees,
The Commission may, by resolution, appoint an Ad-Hoc or Task Force Committee
for a specific project, if the duration of the Committee does not exceed three (3) years
duration. The resolution must set forth the duties and responsibilities of the Committee
and contain language that automaticaliy dissolves the Committee within the specified
year from the date of adoption of the Committee members by the Commission.
SECTION FIVE: Qualifications and Requirements for Membership on Boards.
A. All members of County Boards shall be permanent residents and electors of
Collier County and should be reputable and active in community service. The foregoing
requirement may be exempted, however, if an ordinance creating a board specifies the
need for membership outside Collier County's boundaries. In addition, all Board
members should have demonstrated an interest in the activity or service, which Is the
purpose of the Board. The provisions of this paragraph may be exempted, however, if
an ordinance creating a board specifies the need for membership outside Collier
County's boundaries.
B. Any member of a County Board who ceases to be a resident of Collier County
during his or her term of office shall Immediately advise the Commission of such change
in status. Upon such notice, the Commission shall declare the position to be vacant and
shall promptly fill same pursuant to the provisions of Section Six, herein.
C. The Commission's primary consideration In appointing Board members shall be
to provide the Board with the technical, professional, financiai, business or
administrative expertise necessary to effectively accomplish the Board's purpose.
Categories of expertise referenced by County Boards' Ordinances as qualifications for
Board membership are considered to be primarily directory and not mandatory.
D. No person shall serve on more than two County Boards simultaneously. If
application Is made for service on a third Board, the applicant must resign
simultaneously from one of hiS or her current Board positions, or the application for a
third Board shall be disqualified. This provision, however, may be waived to allow for
service on additional Boards provided the Commission votes unanimously to waive such
provision.
E. No member of any County 80ard shall become a candidate for an elective
political office and continue to serve on such Board during his or her candidacy. Shouid
any County 80ard member become a candidate for an elective political. office, such
2
T'
r'
Agenda Item No. 9E
.June 12. 2007
candidacy shall be deemed a tender of resignation from such Board and tne.l5oat-ll si\all
Immediately advise the Commission in writing of said resignation. The Commission
shall deem the position vacant upon receipt of written notice of said resignation. The
Board member shall not serve at any meetings after his or her position becomes vacant
pursuant to this Ordinance.
F. The commencement of a legal challenge by a Board member as a plaintiff In a
lawsuit against Collier County shall constitute a conflict of interest with Collier County
and shall be deemed a tender of resignation from such Board. The County Board
member's position shall automatically be considered vacant and the Commission shall
promptly fill same pursuant to the provisions of Section Six, herein.
G, No member of any County Board, as defined herein, shall print or create, or
have printed or created, or use or distribute any business or informational card
depicting the County logo or In any way representing such Board member as a
representative of Collier County or as a County Board member. The County Manager or
his or her designee may, upon request and prior approval In writing, authorize the
County Board members to obtain a County photo Identification card Identifying such
members as a County advisory 80ard member.
SECTION SIX: Process of Appointment.
A. Vacancies occurring on any 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 and the County Government Center.
8. Prior to making appointments to Boards, staff shall provide the Commission
with a list outlining the qualifications and demographic background of each candidate
for Board membership, along with a list detailing the qualifications and demographic
backgrounds of present members seeking reappointment on each board to which an
appointment Is being made.
SECTION SEVEN: Term of Office.
A. Terms of office shall be staggered.
B. Terms of office for Board members shall be limited to two consecutive terms of
service on anyone Board; provided, however, that appointment of a Board member to
an Initial term of one year shall not be considered a "term of office" for purpose of the
limitations set forth in this Section, and such members shall be entitled to serve two
additional terms if so appointed.
C. Appointments to fill a vacancy for the remainder or balance of a term of office
shall be considered a term of office for the purpose of the limitations set forth in
Section Seven 8, above, only if the remainder of the term to be served exceeds fifty
percent (50%) of the full term.
D. By unanimous vote of the Commission, the limitations set forth in Section
Seven B above may be waived.
E. Nothing set forth In this Section shall prohibit any individual from being
reappointed to a Board after a hiatus of two (2) years.
3
-11
Ag,:mda Item No. 9E
.June 12,2007
F. All members of Boards created by the Commission shall serve at ~lllJI'ISai'ur~ of
the Commission and may automatically be removed by a majOrity vote of the quorum of
the Commission.
SECTION EIGHT: Attendance Requirement.
]t is the Intent and strong desire of the Commission that there be full attendance of
advisory Board members at all meetings of the 80ards, recognizing, however, that It
may be necessary for Board members to be absent from a meeting due to unusual or
emergency circumstances. Nevertheless, full attendance at Board meetings is
encouraged and necessary for the proper operation of the Boards and in furtherance
thereof the following requirements are established:
A. Any Board member who is absent for more than one-half of the Board's
meetings in a given fiscal year shall be deemed to have tendered his or her resignation
from such Board. The Commission shall, as soon as practicable after such resignation,
declare the position to be vacant and shall promptly fill same pursuant to the provisions
of Section Six herein. The Boa,d members shall not serve at any meetings after his or
her position is declared vacant by the Commission.
8. ]n the event that any Board member is absent from two consecutive meetings
without a satisfactory excuse acceptable to the 80ard chairperson, the Board
chairperson shall state such fact at the next regularly scheduled Board meeting and
shall thereafter notify, In writing, the Executive Manager to the Commission of the
Board member's failure to attend without a satisfactory excuse. The Commission shall
review the Board chairperson's notification at the Commission meeting and shall declare
the 80ard member's position to be vacant if the Commission concurs that the Board
member was absent from two consecutive Board meetings without a satisfactory
excuse, and shall promptly fill same pursuant to the provisions of Section Six herein.
The 80ard member shall not serve at any meetings after his or her position is declared
vacant.
C. A member of a Board shall be deemed absent from a meeting when he or she Is
not present during at least seventy five percent (75%) of the meeting.
SECTION NINE: Review of Boards.
Each 80ard shall be reviewed In the following manner:
A. All Boards shall be reviewed every four (4) years from the year the Board was
first established.
B. The County Manager or his designee shall provide notice to the Board prior to
Its date of review. On or before January 15'" of the year in which a Board Is to be
reviewed, its Chairperson shall submit to the County Manager a report setting forth the
following Information regarding the Board:
1.) Whether the Board Is serving the purpose for which It was created.
2.) Whether the Board Is adequately serving current community needs.
3.) A list of the Board's major accomplishments for the preceding twelve month
period.
4
f
T-
"'f'-
Aaenda Item I~o. 9E
" .June 12, 2007
4.) Whether there Is any other Board or agency, either public or;:p;j}!ateDWhlch
Is serving or would better serve the purpose for which the Board was created.
5.) Whether the ordinance creating the Board should be amended to allow the
board to more adequately serve the purpose for which It was created.
6,) Whether the Board's membership requirements should be modified.
7.) The cost, both direct and indirect, of maintaining the Board.
C. On or before February 15th of the year In which a Board is to be reviewed, the
County Manager shall deliver to the Commission the report submitted by the
Chairperson of each Board, pursuant to Section Nine (B) of this Ordinance, together
with any recommendation or comments the County Manager may have. In order to
assist the County Manager and the Commission in the evaluation of the Chairperson's
report, the County Manager and Commission may review applicable minutes of
meetings of the Boards. All Boards shall be required to forward the minutes of all
Board meetings to the Commission in a timely manner.
D. During March of the Year in which a 80ard Is to be reviewed, the Chairperson
shall make an oral presentation to the Commission. Said presentation shall be based
upon the report submitted to the County Manager pursuant to Section Nine (B) of this
Ordinance. At the conclusion of said oral presentation any Commissioner may request
the formation of a subcommittee consisting of three (3) members of the Commission.
Said subcommittee shall evaluate the Chairperson's report, the County Manager's
recommendations and any other Information it deems relevant to determine whether
the Board shall continue In Its present form. The subcommittee shall report to the
Commission not later than within ninety (90) days after their initial meeting.
E. At the conclusion of this review process, the Commission shall determine
whether to abolish, continue, consolidate or modify the Board for the ensuing four
years.
SECTION TEN: Repeal Df Ordinance ND. 86-41, As Amended.
Collier County Ordinance No. 86-41, as amended by Ordinance No. 92-44, 98-46,
and 2000-24, Is hereby repealed in its entirety.
SECTION ELEVEN: Conflict and Severability.
]n the event this Ordinance conflicts with any other ordinance of Collier County or
other applicable law, the more restrictive shall apply. If any phrase or portion of the
Ordinance Is held invalid or unconstitutional by any court of competent jurisdiction,
such portion shall be deemed a separate, distinct and Independent proVision and such
holding shall not affect the validity of the remaining portion,
SECTION TWELVE: IncluslDn In the Code of Laws and Ordinances.
The provisions of this Ordinance shall become and be made a part of the Code of
Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be
renumbered or relettered to accomplish such, and the word "ordinance" may be
changed to "section," "article," or any other appropriate word. All references In the
5
j'..,oenda Item f\lo. 9E
- ,June 12,2007
Code of Laws and Ordinances to Ordinance No. 86-41 and Its amencfi'~~"!!:s7 S11alf! be
changed to reflect the number assigned to this Ordinance.
SECTION THIRTEEN: Effective Date.
This Ordinance shall become effective upon receipt of notice from the Secretary of
State that this Ordinance has been filed with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Floridathls:.ciZ.3~ day of October, 200l.
"",UIl/"I/II'II{ .",
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David C. Weigel
County Attorney
h:publlc/kay/ordlnances
I
T'.
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA.
~.~
JAMES . CARTER, Ph.D., Chairman
This ordinance 1i!f'd with the
Secretary of ~!.l;l.t~ Office the
<i!~ay of~_.~_
and acknowledgement of that
filing received this ,;z~ cloy
of ~'?!;,~;..i~.{ .~~
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: \\.k\1\"U _-:! Board of County CommIssioners
% DINANCE AMENDING COLLIER COUNTY ORDINANCE NO.
"-"<>s 1,"'1.. 001-55, THE COUNTY'S GENERAL ADVISORY BOARD
~t>z€Z't ORDINANCE; AMENDING SECTION FIVE, QUALIFICATIONS
AND REQUIREMENTS FOR MEMBERSHIP BY AMENDING
SUBSECTION E TO ALLOW FOR EXEMPTIONS AND WAIVERS
FOR CERTAIN CANDIDATES; PROVIDING FOR CONFLICT
AND SEVERABILITY; PROVIDING FOR INCLUSION IN CODE
OF LAWS AND ORDINANCES; AND PROVIDING FOR AN
EFFECTIVE DATE.
ORDINANCE NO, 2006-...d2.-
lI.genda Item No. 9E
H~0BlitED
Paae b of 11
AUG D 7 2006
WHEREAS, on June 20, 2006, the Board of County Commissioners approved an
amendment to Collier County Ordinance No. 2001-55, which amendment would allow
for certain Committee members who become candidates for elective office to be able to
remain an their current committee during their candidacy.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: Amendment to Section Five, Qualifications and Requirements
for Membership on Boards.
Section Five, Subsection E, of Ordinance No. 2001-55 is amended to. read as
follows:
SEmON FIVE: Qualifications and Requirements for Membership on
Boards.
A. All members of County 80ards shall be permanent
residents and electors of Collier County and should be reputable and
active in community service. The foregoing reqUirement may be
exempted, however, if an ordinance creating a board specifies the
need for membership outside Collier County's boundaries. In
addition, all Board members should have demonstrated an interest in
the activity or service, which is the purpose of the Board. The
provisions of this paragraph may be exempted, however, if an
ordinance creating a board specifies the need for membership
outside Collier County's boundaries.
B. Any member of a County 80ard who ceases to be a
resident of Collier County during his or her term of office shall
immediately advise the Commission of such change in status. Upon
such notice, the Commission shall deciare the position to be vacant
and shall promptly fill same pursuant to the provisions of Section Six,
herein.
C. The Commission's primary consideration in appointing
80ard members shall be to provide the 80ard with the technical,
professional, financial, business or administrative expertise necessary
to effectively accomplish the Board's purpose. Categories of
,A.genda Item No. 9E
June 12. 2007
Page 9 of 11
expertise referenced by County Beards' Ordinances as qualifications
for 80ard membersh',p are considered to be primarily directory and
not mandatory.
D. No person shall serve on more than two County 80ards
simultaneously. If application is made for service on a third Board,
the applicant must resign simultaneously from one of his or her
current 80ard positions, or the application for a third Board shall be
disqualified. This provision, however, may be waived to allow for
service on additional Boards provided the Commission votes
unanimously to waive such provision.
E. No member of any County Board shall become a
candidate for an elective political office and continue to serve on
such Board during his or her candidacy uniess such Beard
member/candidate is runninq unoooosed for a non-remunerative
elective Dosition or an elective Dosition receivino nominal
remuneration. such as the Mosquito Control District 80ard or a fire
QJ$trlct board. Should any County Board member become a
caABidatc comoete for an elective non-remunerative political office
or a nomlnallv-remunerative oolitical office on the date aoolications
for candidacv exoire. such candidacy shall be deemed a tender of
resignation from such 80ard and the Board shall immediately advise
the Commission in writing of said resignation. No Board member
shall be reauired to resian ar deemed to have tendered his or her
resianation uniess such candidacv is beina aODosed. The
Commission shall deem the position vacant upon receipt of written
notice of said resignation. The BDard member shall not serve at any
meetings after his or her position becomes vacant pursuant to this
Ordinance.
F. The commencement of a legal challenge by a Board
member as a plaintiff in a lawsuit against Collier County shall
constitute a conflict of interest with Collier County and shall be
deemed a tender of resignation from such Board. The County Board
member's position shall automatically be considered vacant and the
Commission shall promptly fill same pursuant to the proviSions of
Section Six, herein.
G. No member of any County 80ard, as defined herein, shall
print or create, or have printed or created, or use or distribute any
business or informational card depicting the County logo or in any
way representing such Board member as a representative of Collier
County or as a County Board member. The County Manager or his
2
Words underlined are added; Words C,lfHOk threHgR are deleted.
T
'.
/\aenda Item No. 9E
~ .June 12, 2007
Page 10 of 11
or her designee may, upon request and prior approval in writing,
authorize the County Board members to obtain a County photo
identification card identifying such members as a County advisory
Board member.
SECTION TWO: Conflict and Severability.
In the event this Ordinance conflicts with any other ordinance of Collier County or
other applicable law, the more restrictive shall apply. If any phrase or portion of the
Ordinance is held invalid or unconstitutional by any court of competent jurisdiction,
such portion shall be deemed a separate, distinct and independent provision and such
hoiding shall not affect the validity of the remaining portion.
SECTION THREE: Inclusion in the Code of Laws and Ordinances.
The provisions of this Ordinance shall become and be made a part of the Code of
Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be
renumbered or reiettered to accomplish such, and the word "ordinance" may be
changed to "section," "article," or any other appropriate word. All references in the
Code of Laws and Ordinances to Ordinance No. 86--41 and its amendments shall be
changed to refiect the number assigned to this Ordinance.
SECTION FOUR: Effective Date.
This Ordinance shall become effective upon receipt of notice from the Secretary of
State that this Ordinance has been filed with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this,:;)5"tl1 day of July, 2006.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS,
COLLlER COUNn, FLORIDA.
~
By: '::;C"....:.;. ~a ...-
FRANK A. HALAS, Chairman
By.
AtU u '" ::l'.. \N.alI'lJepUty Clerk
Ii C:Hlt\,1rte , on1 1I
Approved as to form
and legal sufficiency:
&~--lV Jt,v~&,~
David C. Weigel
County Attorney
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COLLIER COUYfY
r-S:)ArW ()F COUNTY COMMISSIONERS
Item Number;
Item Summary:
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Page 1 of
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Agenda Item No. 9F
June 12, 2007
Page 1 of 3
EXECUTIVE SUMMARV
APPOINTMENT OF COMMISSIONERS TO SERVE ON THE VALUE ADJUSTMENT
BOARD AND SET THE DATE FOR THE ORGANIZATIONAL MEETING
OBJECTIVE: To appoint 3 members and 2 alternatcs (County Commissioners) to serve on the
Value Adjustment Board (V AB).
CONSIDERA TIONS: Each year 3 County Commissioners and 2 School Board members are
chosen to serve on the V AB to reccive recommcndations from the special magistrates who are
appointed to hear appeals on property assessments, exemptions and classifications.
At the time of this writing, staff is attempting to schedule the organizational meeting for the 2007
V AB for week of July 23,2007. The purpose of the organizational mceting is to re-appoint the
returning Special Magistrates for upcoming valuation adjustment proceedings, to amend the
Va]ue Adjustment Board Rules of Procedure, as is done annually, and discuss general matters of
business, primarily relating to the V AB process.
~
The Propelty Appraiser's Office is targeting August 13, 2007, as thc mailing date for the
assessment ("TRIM") notices. The actual mailing date will detern1ine the time period in which
the Special Magistrate Hearings must be held. Based on the anticipated TRlM notice date and
the statutory time requirements, the Special Magistratc hearings will commence in September
with its due cause hearings and continue through November, if neccssary. After the
organizational meeting in July, the V AB will meet again in early October, but no latcr than
October 12,2007. The final V AB meeting will bc schedulcd sometime in late November or
early December, after all Special Magistrate hcarings have been conductcd and recommendations
completed. Because of an anticipated increasc in petitions due to real estate market conditions,
it is expected that the final V AB mceting will be held in early Oecemhcr. The actual date for
the final V AB hearing can be finalized at the organizational meeting.
FISCAL IMPACT: NONE
GROWTH MANAGEMENT IMPACT: NONE
RECOMMENDATION: That the Board of County Commissioners appoint 3 members and 2
alternates to serve on the V AB, authorize the Executive Manager to BCC to contact the School
Board to request the names of their reprcscntatives, and schedule thc V AB organizational
meeting.
Prepared By:
Date:
Sue Filson, Executive Managcr to BCC
JUNE 12,2007
/""""
Page 1 of 1
A[l'-~m~d !terTi No_ 'W
Jura:: 1~~ 2007
F'agEi2 ()1J
COLLIER COUI\TY
BOARD OF COUNTY COMMISSIONERS
Item Number:
lIemSummary:
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Meeting Date:
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Prepared By
Sue Fil~of1
E)le~utivc- Mal1ager10 IIw Bee
Date
BOdrdofCoLJnty
Commissioners
B(;COff,ce
Approved By
James\' MlJdd
C{)~lIlty M:JnJger
Date
Bc:~rd of Cout)ty
Commissioners
COUtlty Manager's OHice
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RESOLUTION NO. 2007-_
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS SUPPORTING THE EFFORTS OF THE
JUDICIAL SYSTEM TO ELlMINA TE IDENTITY THEFT
WHEREAS, identity theft represents a threat to the citizens and taxpayers of Collier
County: and
WHEREAS, it has become increasingly common for criminals who have committed
illegal acts to use an alias Of borrowed name to remain anonymous; and
WHEREAS, as a result of inaccurate records, reflecting false identities, defendants are
often treated as firsHime offenders. even though they may have multiple arrests; and
WHEREAS. names used as aliases may belong to innocent citizens. creating a situation
in which a criminal act is attached to their name - alleged crimes of which they have no
know ledge; and
WHEREAS, many criminals guilty of using aliases are also illegal immigrants and the
costs of their apprehension, trial. and incarceration are borne by local governments and
taxpayers.
-
NOW. THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COllIER COUNTY. FLORIDA. that: the Board supports the efforts of
the Court, the Sheriff's Office, the State Attorney's Office and the Clerk's Office to work
together to find a solution to these illegal activities.
This Resolution adopted this 12th day of June, 2007, after motion, second and majority
vole.
ATIEST:
DWIGHT E. BROCK. CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUl\iY. FLORIDA
By:
By:
JAMES COLETIA. CHAIRMAN
Approved as to form and legal sufficiency:
~~g'11~t
County Attorney
-
.4genda item No. 9G
.June 12, 2007
Page 1 of 2
Page I of
J'.qenda liarn ;'10
JunE:
p:qc
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
,'S
Meeting Date:
T~lis item t~, ce heard at 11~5 <,un F050;ution supporllrlg Ihe etforts of the Judlclai Syslen' to
(h'Tllnat() J.wnlity 'H::f~ :;o~mls510r'el DOI",nb "'cLen
r:.;11:i20'.j:',OO OG\M
Prepared By
Kenclru Hustings
Executiv02AltlelotllU Bc:e
Date
Bo;'\nlofC:ounty
Commissioners
Bee Office
5125120073:14:03 PM
Approved By
Sue Filson
Executive Managnrto tlw Bee
Out!!
Board of County
COmmISSIoners
Bee Office
5131120072:15 PM
Arproved By
JamesV. Mudd
C<Junty Manager
Date
Board of County
CommlssiollPrS
County Manager-s Off:ce
6111200710:09 '>.M
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.A.genda Item No. 9H
.June 12, 2007
Page 1 of 24
EXECUTIVE SUMMARY
FOR THE BOARD OF COUNTY COMMISSIONERS TO DISCUSS AND CLARIFY
THE STORMWATER FUNDING POLICY FOR THE CAPITAL IMPROVEMENT
PROGRAM - ADOPTED ON JUNE 22, 2004. (COMMISSIONER HENNING)
OBJECTIVE: For the Board of County Commissioners to discuss and clarify the Stormwater
Funding Policy for the Capital Improvement Program previously adopted on June 22, 2004,
Agenda Item lOG.
CONSIDERATIONS: On May 22, 2007, Agenda Item ]6B8, the Board of County
Commissioners approved "the Transportation Division to spray herbicide on vegetation in the
bottom of a swale/canallditch that drains approximately ] ,000 acre basin that includes The
Boyne South PUD and some agricultural property north and south of US41." Part of this
proposed maintenance will be performed on private property; this action is contrary to the
Board's Stormwater Funding Policy.
FISCAL IMPACT: Unknown.
~
GROWTH MANAGEMENT IMP ACT: No Growth Management Impact foreseen.
LEGAL CONSIDERATIONS: None.
RECOMMENDATION: The Board direct staff that no item shall be placed on any future
agenda that is contrary to the Board's current policies or ordinances. Furthermore, that the
Stormwater Funding Policy be officially placed into an ordinance [91-27, amended with added
policy] and that it shall include all maintenance of storrnwater and shall have a minimum
requirement of an easement for maintenance on private property.
Prepared by: Commissioner Tom Henning
~
Page 1 of I
4.gen~;-:1 Il~nl r~(J ':1H
12. ~~[;07
:lof:='4
COLLIER COUNTY
SOARD or COIJIHY COMMISSIONEF~S
Item Number:
?H
Item Summary:
F~,,:(;ucS~; ,r ~ec;,"mldwatlol" o~ IkmIC[Je ;"Glr. ~r-w ,"',ay ::2 :CUD' f1(~C: 1v1~etlng w:'l'ch 'Ga1
F:C'cornnlenda:lof' 10: 111E' B:;arc u1 Counry C;orlHf'lssiDrF"rs \[) d're~,'. ;h(- ROd::! 311d ~rldde
::}e:.\JrlmentoltllcTr3'lSj)o'Wlion::)ivislu,',tosprElylle:bicldeonv'igcl,,'IGI'II'.:llebmtD!nofa
swal")IC8n~lfdit::h :fLal Oldln<, approxlrnatety 1000 8cr(! t;Clsin 11131 includes The Boyne SUdth
PUO a pl.l'tIOf' Of 1...,'.',; 41 imd ~(l"19 dgrr':LlITwal proper\, no,-:h "no SCLI'.h oj US 41 {$::,')COI
'-CClTlrTli%,::w,w Hen'lI~g'l
Meeting Date:
F'i1;;')OC,;C;')00G,'1v1
Allprovl"d By
JalTlesV. Mu<ld
CO<Jnt~ MiH",per
Date
Board of County
C;DIl,mi"sicw,>fs
CClImtyM;mager'sOfhce
616120074;21 PM
,Aaenda Item No. 9H
o ,June 12. 2007
?age 3 of 24
EXECUTIVE SUMMARY
Recommendation for the Board of County Commissioners to authorize spraying herbicide on
vegetation in the bottom of a swa]e/canallditch that drains approximately a 1,000 acre basin that
includes the Boyne South pun, a portion of US 41, and some agricultural property north and
south of US 41.
OBJECTIVE:
To authorize the Road and Bridge Department of the Transportation Division to spray the ditch that
conveys runoff south between Sections 28 & 29 of Twp 5] S, Rge 27 E with herbicide prior to the
onset of this year's rainy season so that the capacity of the ditch to convey watcr is improved.
CONSIDERA TIONS
The swale that flows south from the southeast comer of the Boyne South PUD project, currently
known as Royal Palm development, along the prcviously described Section Line straddles the common
property line between Fiddler's Crcek to the west and National Park Service property to the east. The
swale does not sit on Boyne South property and we could find no clear spccific maintenance easement
that exists in anyone's favor. The ditch appears to be an old farm ditch that historically existed for
decades. A historic right to continue using the easement for drainage probably exists, but the upstream
properties have no common maintenance entity in place.
Boyne South's Lake 25 is thc lake that receives the discharge from the rest of the projcct. Lake 25 is a
long rectangular lake that runs the entire length of the south boundary of Boyne South. The lake
discharges at its southeast comer toward the south into the swale in question. Discharge was, until
recently, through a 48" corrugated metal pipe (CMP) that was reccntly removed and replaced with an
open swale. The advantage of this is that the flow path is now larger and visible at all times.
The representative from Fiddler's Creek, Mark Strain, has givcn pennission to herbicide the half of the
swale on Fiddler's Creek prope11y, and the Park Service's manager, Chad Lach, has given pennission
for Collier County to spray the half of the swale on Park property (see attached e-mail) bascd on Road
and Blidge's listing of the hcrbicidcs that thcy propose to use.
FISCAL IMPACT:
The Road and Bridge Dcpartment of the Transportation Division estimates that the cost of the spraying
operation will be approximately $2.500.
GROWTH MANAGEMENT IMPACT:
None.
STAFF CONSIDER<\TIONS:
COlnmunity Development and Environmental Services staff agrees that the herbicide spraying of the
vegetation in the ditch will improve the capacity of the ditch to convey the flow of water.
1
Agenda Item No. 9H
.June 12, 2007
Page 4 of 24
LEGAL CONSIDERATIONS:
These matters are typically not reviewed by the Office of the County Attorney.
STAFF RECOMMENDATION:
That the Board of County Commissioners authorize spraying the swale in question with herbicide.
PREPARED BY: Stan Chrzanowski, r.E., Engineering Review Manager, Engineering Review
Services
2
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.Agenda Item No. 9H
.June 12 2007
Page 5 of 24
--
EXEcunVE SUMMARY
Recommendation to adopt a Stormwater Funding policy for the Capital Improvement
Program to ensure adequate flood protection and water quality,estimated fISCal impact
of $140 millIon from Coiner County with a totI!I of $348 million oV$rtha next 20 years.
OBJECTIVE: To obtain BOard of County Commissioners direction on the
establishment of a Stormwater Funding POlicy to provide an adequate level of flood
!)rotectiOrt and stormwater discharg& quality throughout the CoUnty.
CONSlDERAnONS: Colli!;!r County has over 30() miles of CartEl/$, 5~watat lavel
control structures. and 3 pump stations that ara operated and maintained by the County
in partnership with the Big Cypress Basln Board of the South florida Water
Management District. Addltionally, the network of roadside drairtaga facirltiEls within
County and State Transportation aasemants are operated and maintalned as part of the
storrnwater colleC/ion system. The County ctivers an area of approXimately 2,025
square miles.
The County currently does not have a specific funding source to fund their stormlVater
capita/Improvement program, management Qperations, which includes campllance
costs for the Implemenlatio n of a Stormwater M8!'Tsgement Plan. In essence, the
General Fund supports stormwater management activities. With the increaSing costs,
especially as they relate to compliance with the County's Nationa/Pollutant Discharge
Elimination System (NPDES) permit, funding is not only a burden on the General Fund,
but limited resources are readily available to prope~y implement the Stormwater
Management Plan and comply wiih permit requirements.
The key to determining just exactly who benef1ls from a community's stormwater
management funding plan is the concept of "burden.. Virtually all property owners have
the potential for generating stormwater runOff, arid hence the accumulated or aggregate
runoff must be managed in an organized and systematic manner if OWners are. 10 enjoy
the use of their property with ,some degree of reliability. Additionally the dtlzens want to
be able 10 use the County's Transportation network unimpeded during the rainy season.
The burden of tha managament of this cumulating storm water fa/Is to thEl community.
Stormwater s~stems and facilities must be constructed aroj maintained to reduce the
Undesired impacts of accumUlated runoff.
Whll$ most communities spilt the responsibility of managing WI bordan of runoff
between the parcel owner (developer} and the community (hydrologio drainage design
criteria), the responsibility' for managing stormwater runoff thatexceecfs on-site design
reqUirements is clearly the responsibility of thectitnmunity. The l:\mount-of runoff .
geneYliled by a parcel and sent ta a storJ!IWateJ'system repres$r\ts its proportionate
share of the burden of creating and maintalrtlng thestormwater sy$tani, Therefore, the
costs of the stormwater management program' are a tangible, aggregate measure of Ihe
management of the burd&n of runoff generat&d by each parcel.
I
I
Ii
I
I!
Agenda item No. 10C;
June 22, 2004
Page 1 of 19
~
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,
Agenda Item No. 9H
.June 12, 2007
Page 6 of 24
Executive S11lUnll:rY. Stonnwater Funding Poliey
Page ,2
There are many options for funding the stormwater management program; the Florida
Constitution provides authority for counties to:
q Create a stormwaler utility (Chapter 403)
q Adopt utility fees that are adequate to plan, operate and maintain stormwateT
systems (Chapter 403) .
q Create stormwater management benefit areas within which properly owners may be
assessed a fee related to the benefits received by their property (Chapter 403)
q Establish and administer programs for flood and erosion control and drainage
(Chapter 125);
q Creala MSTUs and MSBUs to provid& stormwater services in onincorporated areas
(Chapter 125);
q Provide drainage services to any municipality/special district through agrMmenlS
(Chapter 125);
q Power to levy and collect taxes and special assessments for municipal services
(Chapler 125)
The recommended plan is outlined in Table 1 with the County share of $140 million, Big
Cypress Basin $75 million, MSTU's $67 million, and Grants for $65 million (see
attached for detailed budget).
~
TABL.E 1
CaDilal Proiccts FuIl<liaQ Salll I Coo.a.lY Fmided .
$200.000,000 113 Coufttv $67.000 0001 $67.000.000
1/3 BCB S67 000.0001
1/3 MSTU $67.000.000
Tertia" STSUm r........
$130.000.000 112 County $6$.000.000 565,000,000
[12 G""''' $65.000,00
Tidal Receivinp Arells
516,000.000 In Co.n;;; 58,00<};llOO 58.000.000
112 BCB 58,000,000
MSTU" .
Couot\' 5140.000.000
BGB 575.000,000
MSTU 567.000.000
GR.AN1"S u. S6~,000,000
. County Punded ~ via ;15 milS' ad mom'll ,. $7.0 milliontyr x 20 ....~I40 milliM
". MSTU ~ At\et initial rehtbiJitatiop-ofthe tidal areas MSTU'lIfwil] be
responsibla. for Onf>.J':3.bon and main'teoance
... Grants - With a dediCating funding SOQU;(: there will be InQte. opportunity
to liecurC. crrn'll (undin.. for ClP
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Agenda Item No. 10G
June 22, 2004
Page 2 of 19
Agen:::a Item No. 9H
June 12, 2007
Page 7 of 24
Executive Summary, SIOIJJ1w~1et Funding Policy
Page 3
FISCAL IMPACT: Source of funds would be ad valorem taxes with a dedicated millage
to a Stormwater Management Utility.
GROWTH MANAGEMENT IMPACT: The Stormwater Capital Improvement program is
in accordance with the intents of the Drainage Sub-element
RECOMMENDATION: That the Board of County Commissioners review and discuss
the establishment of a Stormwater Management Funding Policy with .15 mils ad
valorem dedicated solely for the Storm water Management Capital Improvement
Program. Additionally, that the Board concur as to the overall funding program as
outnrled in Table 1.
Next Board action at a future meeting will be to pass an updated Ordinance 91-27 for
the establIshment of a Stormwater Utility with. 15 mils dedicated from ad valorem to
fund the Utility.
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Agenda Item No. 10G
June 22, 2004
Page 3 of 19
Agenda Item No. 9H
June 12. 2007
Page 8 of 24
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
10G
Item Summary
Recommendation to adopt a Stomlwater Funding policy for the Capital
Improvement Program to ensure adequate f!oodpro1ection and water quality,
estimated fiscal impact of $140 million from Collier County whh a total of $346
million over the next 20 years.
Meeting Date
6/2212004 9:00:00 AM
Approved By
Sharon Newman
Accounting Supervisor
Dato
Trnn~port.lon Services
Transport:tUon Administration
6114/2004 2:31 PM
A pproved By
Norm E. Feder. Ale?
Transportation Division Adm!n~5tr3tor
Date
Transportion Services
Transportation Services Admin.
6/14120044:46 PM
_ Approved By
Otane Perryman
ExeclltlyQ Secretary
Date
Transportion Services
Transportation Services Admin.
5/15120048:07 AM
Approved By
Pat lehnhard
Administrative Assistant
Date
County Manager's Off!ce
Office of Management & Budq-et
611512004 8:54 AM
Approved By
MichaelSmykowskl
County Manager's Offlca
Management & Budget DIrector
Date
Office of Managoment & Budget
6/15.1200410:25 AM
Approved By
J,>mes V. Mudd
Board of County
Commissioners
Co.unty Managor
Date
County Manager's Office
6115i20041:46 PM
~
Agenda Item No. 10G
June 22, 2004
Page 4 0119
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S200 000.000 l/3eoui1tY' S67 000000 $67.000.000
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1/3 MSnJ $61.000 000
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BCB S75.OOO.OOO
MSnJ 567.000.000
GRANTS .... 565.000,000
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Agenda item No. 9H
.June 12, 2007
-Page 10 of 24
Agenda Item No.1 OG
June 22, 2004
Page 6 of 19
Agenda Item No. 9H
.June 12, 2007
Page 11 0124
OROINANC~ NO. 'L-~
AN ORDINANCE OF COLLIER COUNTY, FLORIDA
RELATING TO STORMWATER HANAGE:MENT IN. THE
COUNTY AND CREATING A STORMWATER UTILITY;
STATING AUTHORITY; GOVERNIKC BOARD, POWERS AND
DUTIES; STATING FrNDINCS, PURPOSB AND DECLARA-
TIoN OF BENEFIT; PROVIOING TITLE AND CITATION;
PROVIDING FOR APPLICABILITY OF ORDINANCE;
PROVIDING DEFINITIONS J eSTABLISHMENT OF A
STORHWATER UTILITY; ESTABLISHMENT OF A
STORHWATER UTILITY ENTERPRISE FUND; PROVIDING
FOR ISSUANCE OF BONDS; PROVIDXH~ FOR DEVELOP-
MENT, rKPLEHENTATIOK"AND APPLXCATIOH ,OF
FUNDING; OPERATING BUDGET; REQtJI:Rm LEVELS OF
RATES FOR STORMWATER UTILITYFBES AND ASSESS-
MEHTS; IHPOSITIOH 0' SToltMWATER UTILITY FE~;
ESTABLISHING AREA 07 OPERATION, BENEPIT AREAS
AND UTILITY nzs; NOTICB REQUXREME:N'l'S FOR
RESOLUTIONS ESTABLISHINC OR MODIFYING AREA OF
OPERATION BENzrI'r AR.EAS AND SB'rTING OR HODIFY-
INC RA'fES; ASSESSHEN'l"S AND trl'ILITY FEES;
CREDITS AGAINST UTrLITY FEES AND ASSESSMENTS;
BILLING AND PAYMENT OF STORHWATER UTILITY FeES
OR ASSESSMENTS I ADJUSTMENT OP UTILITY FeE AND
ASSESSHENTS~ CORRECTIONS; PENALTIES; ADJUST-
MENTS 1 AOJUSTKEJrfT OF t1'l"ILITY FEE AND ASSESS-
HEHTS; COIUtEC'l'IOHS; CREATION OF A COMPR.EHEN-
SIVE STORHWATER MANAGEMENT trrILITY CODE:;
CONFLl C'1" AND SEVERABILITY 1 AND 2lTECTlVE DATE.
WBEaEa8, Collier County (the "County") is responsible for the
conservation. management, protection, control~ use and enhancement
of water resources and management, maintenance, and improv~ment o!
the stornwater systems in the unincorporated areas ot the county;
and
VBEaBAS~ the County has adopted a Compreh~nsive Grow~h
Management Plan whi~h identities water resource needs and
objectives; and
VKER2A8, the Growth Manag.~ent Plan dir~cts the County to
adopt stormwater utility service charges as the primary method of
tlnancing the sys~e. ImprovRmants outlined in the capital
Improvement Element; and
WHEREAS, the Federal Clean Water Act as anended by the Water
Quality Act ot 1987 (JJ U.S.C. 1251, ~ ~.) and rules to be
pro~ulgated ~y the United States Environmental Protection Agency
require that political entities having populations ot greater than
-1-
Agenda Item NO.1 OG
June 22. 2004
Page 7 of 19
Agenda Item No. 9H
.June 12. 2007
Page 12 of 24
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100,000 persons develop. implement, and fund suormwater manaqcmen~
proqra.s and obtain discharge permits for certain outfall~ from
stormwater systems; and
l1BEJlEAS, the Board" of county commissioners (the "Board") has
authorized the prapa~ation 0: a prOfessional engineerinq and
manaqemant analysis of the storDWater" systems and the stor~water
Danagement-pr~ble.s, needs,-qoals,' operational and capital
requirements, bnd"fUnding oppor~un~ties in the County; and
WH2R2AB,' thB professional engineering and man.~e.ent analysis
has been prepar~d and delivere4 to the Soard and has been
examined, ~~viewe~, dls~~;.ed_and adopt~d as a blueprint ror
impl..entati~n by th~ Board and ha. been subject to public
~eeting. and.discussions 'in the cQunty, and
WUERZAS,' the. analysis indicates that substantial stormwater
manoqement'bperatlnq proqra~, regulatory, and capital improvement
needa exist-in Collier County; and
WHEaEAI, tnc County has concluded that it wi~l be necessary
and essential to undertake a comprehensive stormwater management
program (the "prograa") to. construct improv...nts to its Q~iGtin9
stOrDwatsJ:.manageme.nt system..wnich has bel!n dl!ve~oped over iI
nu.ber o~ years tor th. purpose of collection, storage, treatment
and conveyance or stormwater, to ensure that the collection and
disposa1 or stormwater within the county adequately protects the
health. safety, and wellare ot the citlzen~ or the county,
WBERZAS, 1n developing the proqram, the county has concluded
that it is necessary to fund the Program by exercising its
prerogative under Florida law to create a Stormwater utility to
collect Utility Pee., to make as.e8~ment$ and borrow monies
sufticlent to plan, construct, improve, operGte and maintain the
Program, and to set Aside any other funds for purposes of funding
the progrlllll..
NOW, THEREPORB, DB rr OltDAINBD BY THB BoARD OP' COUNTY
COKMIBSIONERS 07 COLLIER COUNTY, FLORZDA that:
-2-
Agenda Ilem No.1 OG
June 22, 2004
Page 8 of 19
Agenda Item No. 9H
.June 12,2007
Page 13 of 24
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8ECTXON ON~: AUTHORITY
The Board'is authorized by the cons~itution and laws at the
State ot Florida, includinq Chapter 125, Florida statutes and
S.cti~Qr~D3_0893. Plorida Statutes to construct, reconstruct,
improve, an~. extend. stormwater manag&ft8nt systems, or create
s~ornwater utilitiea and to 1ssu. bonds and other obligations to
finance'.!n whole, or part. the cost of' such systens and to establish
just and. equitable ratesl fees, and charges for the s.rvicGS and
facilj~t8b~providedby such systems;
BEC~XON TWO; CO~EANrNQ BOARD; POWERS AND DUTIES
,:;. The Board,'of, County .cOIllID.i.ss1onera ot Collior COuntYI Florida
as' tha-qovarn1nq body or,Collier county 1s Ex-ofrieio the
Governing Board of the sto~ater utility established hQraby with
the paw_r-and duty-to conduct the atra1rs or the Utility as
prescribed l:Iy. P'lorida." law.:
SEe'l"l'ON TH'RI!:E: i"nmruoB; I'URPOS8 AJm D2CLAJU.'1'I:OK OJ' BZNEJ"l:'1'
The Board does-hereby make the tollovinq findings:
~(a) The professional enqineerinq and manaqemant analysis
submitted to and adopted by the Board on August 27. 1990
properly_ defines the stormwater management "..ds of the
county.
(b) The stormwater manaqement needs or the county dirfer
troD area to area and that stornwater management service
a~Bas' are definable on the basis or such ditteranees 1n
service needs ~nd contribution to the overall problem.
(e) The ability of the County to ettectively conserve,
manage, protect, control, use, and enhance tho water
resources of tha County ia dependent on the prOVision o~
adequate,
equitable
and
stabla funding
for the
stormwater management progrom.
(d) Tho
stormwater
management
system, inclu~ing
tho
components which provide for the col1ectionot and
disposal of stormwater and r@gulation of groundwater, is
-J-
Agenda Item No. 10G
June 22. 2004
Page 9 of 19
Agenda Item No. 9H
.June 12, 2007
Page 140f 24
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,
ot ~enerit ~nd provides services tor the welfare of the
county
and its
residents
including property not
presently served by th_ physical elements thereot.
.(e) "The formation ot a 5tormwater utility, the establishment
,of a separate enterprise fund tor accounting of the
.O;,:..,:....."f ~'. revenues, elCpendlt.ures, il:!iSe.ts, and earnings of the
utility, ahd adoption ot various rates, tees, charges,
'rentals, tinea, and penalties are nec.ssar~ to m..t the
needs identifi8d in the professional engineering and
." ,.....:.. ..... IlanaQQ1'l1ent 'analysis.
;;:.;ll~.'.
I~ is:the tntene-ot the county that in addition to other
available monies. stormwater utility Fees and Assessments shall
fund: the. costs of Operat-!on and Maintenance,' Extension and
Replacement and Debt Service ot ~he stormwater Nanaqement system.
u. ..:-It- 111 therefore the purpolill8 of this Ordinance to provide tor
th.~h.alth".sat'et:Y"imi:~f.weltare ot the citizens of collier county,
?lorida.by providing for thlill con~Qrvation, management, protection,
eontrol, us. and- enhancamBnt, maintenance and improve~ent ot the
stormwater.systems in the unincorporated areas of tha county.
It is"hereby declared and de~ermined by the Board of County
commissioners that the storawater management services provided
pursuant to this ordinance and the establishment of a stormwater
utility constitute a benefit to the properties within the Area of
Operation equal to or in excess o( the costs of providing such
stormwBter .anagement sarvicea.
SEC'.rYON' 70UR:
TITLB AND CIT~TION
This Ordinance shall be known and may bB cited as the
"collier county StorBIWater Utility Ordinance-.
BEefiOR l'YV1U
API"LICABD.In
Thi. Ordlnanc8 shall apply to ~n~ be enforced in all the
unincorporated area ot Collier county.
-4-
Agenda Item No.1 OG
June 22, 2004
Page 10 of 19
Agenda Ilem No. 9H
.June 12. 2007
Page 15.0!- 24
S1!:CTTOH' SIX:
OET:INI'1'ION9
For the purpose of this Ordinance, all capitalized, undefined
terms used in this Ordinance shall have the following ~eanings:
A. "Area ot operation" means tnat area designated in any
resolution o! the Board as provided herein as the area within
which the System shall. be operated and in Which a Utility Fee is
imposed.
8. "Assessment- mean. a per acreage ree ~uthori~ad by the
terms of Section 403.0893{~) Plorida Statutes, as amended. and
this Ordinance, to be assessed for funding such COgt. of operation
and Maintenance. Debt Service and Extension and Replacement
attributable' to a Ben.rit Area that the Board may determine hy
resolution" or the Board~as provided harsin.
C. "Benefit Area" means any portion or portions of a.n area
vi thin or without an Area or Operation, designated by resolution
of the Board as provided herein as a nenetit Area for purposes or
detQruining Utility Fees and/or Assessments to be payable in such
area.
-- o~.
"Board- ....an. th_ Board of County COmD.issioners or
Collier county, Flor1da.
E. "Bonds. means revenue bonds, as.se.ss.erit bonds, nates,
loans or any other debt obligations issued or incurred to finance
the Costs or Construction.
F. "Co.sts of Construction" lIleans costs reasonably incurred
in Connection with providinq capital improvements to the Syste~ or
any portion thereat, including but not limited to the costs of
(1) acquisition ot all property, real or personal, end all
interasts in connection therewith including all rights-of-way and
easements therefor, (2) physical construction, installation and
testing, including the costs of labor, s@rvices, permittinq,
materials, supplies and utility serviCes used in connection
therewith, (3) architectural, engineering, legal and other
protession~i services, (4) insurance premlu~s tQken out and
-5-
Agenda Item No. 10G
June 22, 2004
Page 11 of 19
t
Agenda Item No. 9H
June 12. 2007
Page 1'6 of 24
M. "operating Budget" means the annual utility operating
Qudqet adcpte~ by the county tor the succeeding Fiscal Year.
N." ItOperations. illnd Maintenance" lfIeans the current expenses,
paid o~ accrued, of operation, maintenance and current repair at
the System, a8 calculated in accordance ~ith sound accounting
prac.tice', and includ.e.a, without limiting the generality of the
!oreqoinq, insurance premiums. admini$trative expenses. lODor,
execative compensation, the cost ot materials, equip.ent and
Supplies used tor current operations, and charge. tor the
accumulation ot appropriate reserves for current "expenses not
annually inourred, but whichar. sucn as may reAsonably be
expeoted to be incurred in accordance with sound accounting
practice.
o. "Property Appraiser" means thG Property Appraiser ot
Callier county, Florida.
,.P. "'Revenues" means all rDte:s, fee5, a5SeS5JI:lfitnts, tAX'es;
rentals or other charges or other income received 'by the Utility,
in connection with the manaqeaent and operation of the System,
including amounts received from tha inVestment or deposit of
moneys in any tuna or account and any amounts contributed by the
county, all a.calculated in accordance with sound accountinq
practice.
Q. .stormwater Management Systemn or "system" means the
existing stormvater manaqement ot the county and all i~prov@mants
ther~to which by this Ordinance are constituted as the property
amt responsibility of the Utility, to he (,pp:::-al:ed as an enterprise
tund to, among other things, conserve water, control discharges
necessitated by rainfall events, incorporate ulethod.s to collect,
convey, store~ absorb, inhibit, traAt, U~~ or reuse water to
prevent or reduce flooding, over-drainage, environmental
~eqradation and water pollution or otherwise ~rfect the quality
~nd quantity ot discharge fro~ such System.
~
-7-
Agenda Item No.1 OG
June 22, 2004
Page 12 of19
A,genda item No. 9H
..June 12, 2007
Page i i"bf 24
',- --"-""'--,"",::"'~''-'''-''--
R. "StOt'lftWAter Utility" or "Utility" means the enterpri!;;e
tund utility created by this Ordinance to operatep mftintnin and
improve the sy~tem.
s. "Stormwater.utillty Fee" mBans a Utility tee authorized
by Florida law and thig Drdinan~e whlch is 9st~blished to pay
operations -and Maintenance. Extension and Replacement and Debt
Service. .
.T. -Tax Colleator- ..ana the Ta~ Col1aetor or Collier
county, Florida.
SEe'l':rOH 82VElf:
2S~ABLXBBHZHT or ~ S~ORKWATER UTrLXTY
The Boa-rd bereby a8tabllshaa a stonDwater Uti~ity, Which
shall-be responsible tor the conservation, management. protection,
control, use, and enhancement ot water resources in the county and
the manageaentp operation, maintenancep and improv..ant ot the
public stormwater system.p and which Utility shall operate as a
Section ot the Water Hanaqement Department within the
Environmental services D1viKion ot the county.
B!:C'l'ION ZJ:GH'I':
ZrrUU811KBn 0" A 8TOIllf1Q'l'D trrXLJ:TY
mr.t"DPltISB l"UND
The Board hereby establish.. a stD~water Utility Enterprise
Fund. tor the accounting or all revenues, expenditures, assets,_ and
earnings ot the utility, in which all revenues trom the stormwater
.Utility shall be deposited. Monies in said Fund shall, in
priority or order, pay the costs ot (1) Operations and
Maintenance, (U) Debt Service and (iti) Extension and
Replacement.
BEcorroN HYDE:
188UANcm or BONDS
The stormwater oti~ity may issue Bonda tor the purposes
described herein pursuant toa resolution of the Board authorizing
the issuance thereot. Except as herein otherwise expressly
provided or in any resolution ot the Board authorizing the
issuance o~ Bonds, all Bonds shall be payable solely out of the
revenue and receipts derived from th~ Syste~ or or any portion
-6-
Agenda lIem No. 10G
June 22, 2004
Page 13 of 19
Agenda Item No. 9H
.June 12, 2007
Page 18 of 24
-
therQo!j provi4ed, that notes is~ued in anticipation of the
issuance or Bonds ~ay be retired out ot the prcce.~s ot such
Bonds:.
SZC'TroN' 'l'EH:
OZV:r;LOl'KEH'l', IK.LEMEN't~T:ION, 1UfD APPLIC:n.T:IOJJ OF
rmmUG
."' .. .
The Board shall provide for the developaent, implementation,
......,.,'......:".:.... !r. '.: "1:..:..
an4 application 0' variou8 tund1n9 .ethoa. includinq but net
limited to the service charg_., special ascessmant~. non ad
valorem asse.8~nts, tees ror services or in-lieu ot re9Ulatory
requirements, fines, penalties, impact tees, and such other
.- .........' '.... ,.
r~~di~q methods a~- the County may be authorized to usa as it
determines by subsequent resolution.
Bl!lC"l'l:OH KLEVEN I 0I'ERA'J'%'UO DtJDOII'1'
The Board shall adopt an operatinq Budqet not later than the
tlrst day ot each Piscal Year. The operatinq Budqet shall set
forth for such Fleeal Year the es~~ated Revenues ana the
estimated costs for Operations and Maintenance. Extension and
Replacelllent and
i";:';::_ '.'. ..__
BE~i::O!f--TwELVB:
Debt Service.
REQUIRED LBV"BLS 07 RATES FOR BTORKWA'1'ER UTILITY
7ZES AND ASIZS.HBNT8
The Board shall require that adequate Revenues are-generatea
to provide tor a balanced Operatinq BUdget by setting sufficient
levels o~ Stormwater O~ility Fees and.As&Qsa~ent..
BEC7rON THZRTE~N:
IKPOSXTXOH OF STORMWATER UTILITY FEeS
The Board hereby authorize. th_ imposition ot stor~water
Otility Fees on all property within the Area ot Operation wnlch
shall be established or llIodltied by Board regolution as provided
herein. Additional utility Fees D8y b. .stabli&he~ by Board
resolution as provided herein.
8'RC'1'rON P'OU1i't'EEH: BS'1'ABLISKnfG un O. OPERATIOH, BBifE'7IT AREAS
(1) Area ot Oneration.
(8) The Board shall describe and establish the initial
Area or Operation and shall .ake such mgditications as it
determines by subsequent resolution as provided herein.
-.-
Agenda Ilem No. 10G
June 22, 2004
Page 14 of 19
Aaenda item No. 9H
~ June 12, 2007
Page 19 of 24
(2) Benefit: "rea~.
(a) The Board may degcribe and establish Benefit ^reas
within or without the Area of operation and may establish
add1t1bnaL Benefit: Areas and n.~. .sucn.moditications as it
determin~s by subsequent resolution as provided herein.
aE~ION prPTEBK:
NCTICB REQUIREKENTB FOR RESOLUTIONS
B8'f~LISJU1fG 0" HODIJ'nNQ un or OpeR.A~IOU,
BENEFIT UEA8. AJn:) 8ETTXNG OR HODII'Y::[NQ RATES
A pub1~c hearinq shall be held prior to adopting resolutions
eatab~iShin9 or .odifyinq an Area of operation. 5en$fit Areas, or
sRttinq or modi~yinq stormwater Utility Fees and Assessments.
Notice of the public hearing shall be published 15 days prior to
t~~_~earinq in a newspaper of general circulation in the County.
,"-",'.-",""'-
BECTTON aT~EZH: ,ASSBSSMENTS AND UTILrTY F~Ea
The Board ~ay, by resolution. establish a Benefit Area and
impos. a par. acreaqe te8 on real property located in the Bonefit
Area. Benefit Areas may be charged an Assessment in additIon to
utility Yeas.
"~~__i~) _ Assessments. Assessnen~3 shall be established by this
O~d~nc~ .or" by Board' ~esolution as provided: he:re1n. which shall
set forth (1) the Benetit Area to which the Assessment applies and
(iU.'what portion or the Assessment will be use<1 tor the costs of
operations and Maintenance, Extension and Replacement and Debt
Sek.vi_c:e.~: The. Board in its discretion may deterllline that
Assessments should vary by Benefit Area based on its review ot the
!acts, inclUding benefits received, burdans produced and services
renderEd.
(2) Utility Fees. Utility Fees shall be inltially imposed
and may be later moditied by Board resolution as provided herein.
Any Board resolutions iaposinq or modityinq Utility Fees shall set
forth (1) the Area of Operation or Benefit Area to which the
Utility Fee applies (ii) what portion of the Utility Fee will be
used tor the costs of Operations and Mainten~nce, Extension and
Replacement and Debt Service and (iil) the Utility Fea rate. it
-10-
Agenda Item No. 10G
June 22, 2004
Page 15 of 19
~
-'
Agenda Item No. 9H
,June 12, 2007
Page 20 of 24
.
applicable. The B08rdin its discretion may dQtermine ~hat
Utility Fees should vary. by Benefit Area b~s&d on its review ot
the facts inclu~inq benetits received, burdens produced and
services. rendered. ..
SECTION SEVEHT~EN;. .CREDITS AG~!NS! UTILITY FEBS AND A8SEBBHERTS
-_:...."':..~pr:oplU'~y.!.owners"jl:lay. racaive_credit al)ai.nst utilit.y Fees .and
3:'!',._::':, ';." .::l.; ,T ~.. . ".,. . .:' "
Assessaents in amountxrap~roved. by, the Board tor past or future
expenditur.. dee.rained by the Director to benetit the sy.tem.
Such. determination shall ba made in accordance with the quidelinq&
/'
ser forth in resolutions est.ablishing an Area at Operation.
Benetit Ar.~ or setting utility Fees and Assessments.
SeCTYOK ~TaRTBEN:
BILLING AND PAYMENT 07 OTZLITY 7BBS OR
188BBSKBNT8, PE~TXE8; ADJV8~8
The Board shall, by resolution, est~blish the method of
collecting stcrmwater Utl1i~y Fees and Asse&s~.nts and may provide
tor any re=edies permitted under Flo~ida law for collection of
payments, inclu4inq liens and penalties and any remedies set forth
in the provisions contained in 540~.oa9J, Florida Statutes, as
amended.
S~CTYOH ~EEH:
ADJUI~EHT or UT~LITY rES AND ASSESSMENTS;
CORUC"r:IONS.
(1) OWner-Initiated Adiustments. Request5 for adjustment of
the utility FQe or an Assessment ~hall be submitted to the
Director, who shall have authority to adjust the util~ty Fee or
'Assess.ent pursuant to tha procedur~s 3nd standards as established
her.in~ No or edit shall be qivan fo~ ~he installation or
(~cl1itie. required by County ordinances cr applicable laws. The
tOllowing procedures shall apply to all adjusthent requests of the
Utility Fee or an Assessnent:
(0) Any owner who believes the utility Fee or
Assessment is incorrect maYi subject to the limitations set forth
herein, submit an adjustment request to t~e oireetor.
(b) The adjustment request ~hall be 1n writing and set
forth, in detail. the grounds upon ~hich tho correction is sought.
-11-
Agenda Item No. 10G
June 22, 2004
Page 16 of 19
.
Agenda Item No. 9H
.June 12. 2007
Page 21 of 24
(c) The adjustment request of a Utility fee or
Assessm@nt must be #ade within thirty (30) days after tha date of
its first class mailing. The adjustment request will be reviewed
by the. Director within three (J) months trom the date of filing or
the";".dgustDumt..request.:< corisidol!ration by the Director ot tha
owner!:s request., for. /'ld.justment shall not relieve the owner or the
abliqat10n to make. timely payment of the utility Fee or
Assessment. In the event an adjustment is granted by the Director
which decreases the Utility F.. or an Assessment, the owner shall
be entitled to credit tor the excess Utility Fee or Assessment
paid. If the Utility Fee ar Assessment is placed on the real
prop'~uty~taX'bill. the_credit shalL be so noted on the respective
ovner's real property tax bill.
(d) The owner requesting the adjustment may be
required, at his own COEt. to provide supplemental information to
the Director includinq. but not limited to, survey data approved
by a professional land surveyor and engineering reports approved
by a professional engineer. Failure to provide such information
~e!_~~aUl~ In the denial ot.the adjus~ment request.
-'......._..~_..
(e) The granting or denial ot an adjust~ent to a
utility .Fee or an Assessment will be turn.ished to the owner, in
writing, by the Director. It the Utility Fee or an Assessm_nt is
placed on the real property tax bill, the document grantinq an
adjustment to a Utility Fee or an Asses~nent will also be sent to
tha TBX Collector.
r2) Rioht o~ Rpvlp-v hv Rn~rd. The owner has the right to
appeal tho decision of the Dlrec~or to the Board. The appeal must
be made within thirty (30) days ot receipt ot such de~ial. The
Board shall turnish. in writinq. its determination within sixty
(60) days or receirt ot the request for review. It shall set
~orth the reasons for the decision based on the criteria containea
in this Section.
~12-
Agenda Item NO.1 OG
June 22, 2004
Page 17 of 19
,
-
-
Agenda Item No. 9H
.June 12, 2007
Page 22 of 24
1
(3) County-Initiated ~d;u~~ments. It the Ut111ty Faa or an
Assessment is placed on the Tax Bill, any error~ in ths utility
Fee or an A5ses~ment or failure to charge a utility Fee or an
AssesSftent~BY b. corrected by ~h. Tax Collector. It the utility
Fe. or:an~As5essmen~~B nor placed on the Tax Bill. any errors in
the: Uti.lit-y. Fee or an::Asses:ullent or failure to cherq. a Utility
Fee. or" AsseSsUlent lIIay be corr.ct~d by the Director. correction.
whl~result in an increase in a utility Fee or an Assessment
can"ot~b.. imposed until the owner has consented in writing to the
increase. or has been given at l.ast ten (~O) day. notica by
certitied mail and an opportunity to be heard by the Board. Once
the. adjustment is finalized, the Oirector shall send documentation
reflecting the adjustment to th_ owner and, it the UtilityFea or
Atiuie.S:lIlent i.. plac::ecl on the Tax B'illr t.he documentation vil1 a1eo
be sent to the Tax Collector.
91!lC'l'ION !rW!!NTY:
CREATIOU or ~ COKPREHENBZVB BTORKWATER
MAN~GEHEHT UTILITY CODB
The Board may ereate and adopt a ~~~pr~h~n&lve stcrmwater
Management Utility code for the county.
BECTYOK TWENTY-ONE:
CONFLICT AND SEVERADILXTY
In tha event this Qrdinanee conflicts with any other
ordinance ot Collier Coun~y or other applicable law, tha more
restrictive shall apply. If any phrase or f:'ortion of this
Ordinance is held invalid or unconstit~ti~:~al by any c:ourt ot
co.petent jurisdiction. such portion shall be dee~ed separate,
distinct and independent provision and such ~oldinq shall not
affect the validity ot the ramalninq portion.
SECTION '1'1n:Jl'1'Y-'1'WO: El'rZOTXVB DATZ
This Ordinance shall become 8rtecti~s ~po~ receipt or notice
fro. the Secretary of State that this o~dinn~ce has been riled
with the Secretary of Stat..
-13-
Agenda Item No. 10G
June 22. 2004
Page 18 of 19
Agend3 Item No. 9H
.June 12. 2007
Page 23 of 24
PASSED AND DULY ADOPTED by the Board of County Commissionera
ot Collier County, Florida this .LL- do!lY of :?%-.:...::"L 1991..
.,
"~ ATT~T:.. .
.. .: JAM~ c. Grt.~s., Clerk
~:4:'~ ~, ,,~ 0".
:: /" :: "'. ., 't-. ' '" '... I
. .
, .
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, PLDRTDA
,. , ~, '~"'. ,~.:,:, . .
BY, P~:,:_Q~~
PAT CIA ANN! GOO G
Chairp.rsDn
.nd
rxd/~/nal
Thll ordl""-' ,.,.... ""Iln tn.
~telStory v ...~<fjc. tho
a.t&dav otJ~ ,J..:!.!1L
and OCk.llO~'C~. 'f...."';"! :::f ""::1
fIIi"" "C'i"d~ '01
,t7/~ '
,-'/~
_c
-...-,,-..
-14-
Agenda Item No. 10G
June 22, 2004
Page 19 of 19
v
Agenda Item No. 9H
.June 12. 2007
Page 24 of 24
_, mudd.J
From:
Sent:
To:
Cc:
Subject:
henning_t
Thursday, May 31, 2007 9:37 AM
muddj
weigeL d
FW: Reconsideration 16 B 8
County Manager:
For clarification and sufficiency, the County Attorney has advised me that I need to state that I would lfke this item to
appear on the June 12, 2007 BCC agenda for reconsideration.
Respectfully,
Commissioner Henning
From:
sent:
To:
CC:
SUbject:
hennirqJ
Friday, May 25, 2007 5:03 PM
mudd.j
Feder _N
ReconsideraMn 16 B 8
County Manager
I have concems how this item reach the Boards agenda and knowing how full the regular agenda was I did not want to
pull more off the agenda. I have met the Boards ordinance for reconsideration therefore I wish to place this item on the
next agenda for reconsideration. Respectfully. Commissioner Henning
1
EXECUTIVE SUMMARY
Agenda Item No. 91
June 12, 2007
Page 1 of 30
APPOINTMENT OF MEMBER(S) TO THE FIRE REVIEW TASK FORCE
OBJECTIVE: To appoint 9 members to the Fire Review Task Force to serve one year, expiring
on June] 2, 2008.
CONSIDERATIONS: The FIRE REVIEW TASK FORCE was created by the Board of
County Commissioners on April 24, 2007 by Resolution No. 2007-] 05. This 9 member
committee will be comprised of 3 fire district board representatives (Individuals appointed to
represent the fire district boards shall be based on recommendations of the fire districts'
boal'ds.); 2 members from the Development Services Advisory Committee; 2 members affiliated
with the Collier Bui]ding Industry Association; and 2 members affiliated with the American
Institute of Architects. The purposc of the committee is to discuss concerns related to fire review
and inspections associated with the building plan rcview and permitting process; review building
review and permitting procedurcs related to fire review and provide the Board of County
Commissioners with recommendations for practical revisions to the Collier County Fire
Prevention and Protection Ordinance.
A press release was issued and resumes were received from the following 8 interested citizens:
APPLlCA,"lT
CATEGORY
DIST ELECTOR ADV. COMM.
..--
Gary R. Beaumont CBIA 2 Yes None
William Lawrence Schreck CBIA I Yes None
Dalas Disney DSAC 4 Yes DSAC
William 1. Varian DSAC 5 Yes DSAC
Bradley William Schiffer American Institute Architects 2 Yes CCPe: Bd Bldg Adj & Appeals
James E. Boughton American Institute Architects 2 Yes DSAC
J. Christopher Lombardo N. Naples Fire Board 3 Yes None
Pamela Nickell Does not meet criteria** 5 NO None
**NOTE: Resolution No. 2007-105, Section Two states: 'The Task Force membcrship shall be
comprised of nine (9) members, including. hut not limited to..."
COMMITTEE RECOMMENDATION: New Committee - no reconuncndations
FISCAL IMPACT: NONE
GROWTH MANAGEMENT IMPACT: NONE
RECOMMENDATION: That thc Board of County Commissioners consider the requests for
appointment, appoint 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: JUNE 12, 2007
Page 1 of J
Ag'~nda Item No. 91
June 12. ::007
Pil;W 2 of:JO
COLLIER COUNTY
BOAfW Of COUNTY CDMr,~ISSIONEP.S
Item Number:
'~I
Item Summary:
Meeting Date:
A,PPolntr' 'jr;tuf'nC'rnIJers to the FirE' Review Tc.sk F(lrSe
",i12/2DG, 900 ot: AM
Prepared By
Sue Fih,on
E~ccul;vt Manager to the BCe
D.1te
Board otCounty
CQmmissioners
BCCOffiGI1
Appr()n~d By
James V, Mudd
County ~'lana9"r
Date
Board ()fCounty
COmmig5ioncrs
County M:mllgcr'5 01(1<:e
611120071024 AM
It8m r~0. 91
.June 12, LOC)?
3:Jf 30
Co~r County
----...~-~ -
II
MEMORANDUM
II
DATE:
May 30, 2007
TO:
Sue Filson
FROM:
Bill Hammond, Director Building Review and Permitting
SUBJECT:
Applications to _rYe on tile Fire Review Task Force
The following named persons are acceptable candidates to serve on the
subject named board;
Gary Beaumont, member Collier Building Industry Association
William Lawrence Schreck, member Collier Building Industry Association
Dalas Disney, member Development Services Advisory Committee
William J. Varian, Development Services Advisory Committee
Bradley William Schiffer, member American Institute of Architects
James E. Boughton, member American Institute of Architects
J. Christopher Lombardo, member North Naples Fire Board of
Commissioners
The following named person is not considered an acceptable candidate to
serve on the subject named board;
Pamela Nickell, discussion by staff with the Executive Directive of CBIA
reveals Ms. Nickell is not a voting member of CBIA and therefore not an
eligible candidate.
Cc: file;
Fire Review Task Force file
Joseph Schmitt, Administrator CDES
T
RESOLUTION NO. 2007-10S
PCf'r;::'\r-
,,-."...... 1::0
MM } ? 2aD7
jO,-irtlOfCr'llI:tYGDmrnr::Sio.1ers
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLUER COUNTY, FLORIDA, TO ESTABLISH A FIRE
REVIEW TASK FORCE; PROVIDING FOR CREATION;
PROVIDING FOR APPOINTMENT AND COMPOSITION;
PROVIDING TERMS OF OFFICE, ATTENDANCE AND
FAILURE TO ATTEND MEETINGS; PROVIDING FOR
OFFICERS, QUORUM, AND COMPENSATION; PROVING FOR
FUNCTIONS POWERS AND DUTIES OF THE TASK FORCE;
AND PROVDING FOR DISSOLUTION.
WHEREAS, on March 19, 2007, the Board of County Commissioners held a
joint workshop with the Fire Districts; and
WHEREAS, at the workshop, the 80ard considered creating a task force to
review issues relating to fire code provisions, plan review, inspections, and
building review and permitting; and
WHEREAS, on April 24, 2007, staff presented the 80ard Of County
Commissioners with a recommendation for the creation of this task force.
NOW, THEREFORE, 8E IT RESOLVED 8Y THE 80ARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, flORIDA, that:
SECTION ONE: Creation of a Fire Review Task Force.
The Fire Review Task Force is hereby established to assist in the review of
Infonrnation and issues related to fire control and development, and to report to
the Board of County Commissioners with recommendations for revisions to the
Collier County Fire Prevention and Protection Ordinance.
SECTION TWO: Appointment and Composition.
The Task Force membership shall be comprised of nine (9) members,
including, but not limited to:
Three (3) fire district board representatives;
Two (2) members from the Collier County Development Services Advisory
Committee;
Two (2) members affiliated with the Collier Building Industry Association;
and
Two (2) members affiliated with the American Institute of Architects.
Individuals appointed to represent the fire district boards shall be based on
recommendations of the fire districts' boards. If an appointed fire district board
representative is not able to attend the meetings in accordance with the
provisions of this Resolution, the affected fire district shall recommend to the
Board of County Commissioners a replacement representative.
The Collier County 8uilding Official and the Collier County Fire Official shall
attend all meetings as liaisons to the Fire Review Task Force.
Agenda Item No. 91
.June 12. 2007
Page 4 of 30
/l,oenda Item t\!o. 91
~ June 12. 2007
Page 5 of 30
SECTION THREE: Terms of Office; Attendance; Failure to Attend
Meetings.
The Fire Review Task Force is hereby created as an ad hoc task force for a
period to expire one year from the date of the resolution appointin9 its members.
Membership of the Task Force shall be sought and appointed in accordance with
Collier County Ordinance No. 2001-55, as amended or its successor ordinance,
and shall serve the full term in accordance with said Ordinance.
The Fire Review Task Force shall adhere to all attendance requirements and
failure to attend meetings as set forth In Collier County Ordinance No. 2001-55,
as amended or its successor ordinance,
SECTION THREE: Officers; Quorum; and Compensation.
A Chair and Vice Chair shall be selected at the first meeting of the Fire
Review Task Force. The Chair and Vice Chair may serve in an on-going capacity
during the term of this Task Force.
The presence of a majority of the voting members shall constitute a
quorum, The Task Force shall adopt rules and procedures for the transaction of
business and shall keep records of meetings, findings and determinations.
The members of the Task Force shall serve without compensation, but may
be reimbursed for travel, mileage and/or per diem expenses only if approved, in
advance, by the Board of County Commissioners.
SECTION FOUR: Functions, Powers and Duties of the Task Force.
The functions, powers and duties of the Task Force shall include but not be
limited to:
A. Discuss issues and concerns of the public, the County, the fire control
districts and the development industry related to fire review and inspections
associated with the building plan review and permitting process;
B. Review building review and permitting requirements and procedures
related to fire review; and
C. Provide the 80ard of County Commissioners with recommendations for
practical revisions to the Collier County Fire Prevention and Protection Ordinance.
All meetings shall be open to the public and shall be governed by the
Florida Government in the Sunshine Law. All meetings shall be held after
reasonable publiC notice is provided as to the location, time and subject matter
of the meetings.
SECTION FIVE: Dissolution of Task Force.
At the conclusion of one (1) year from the date of the resolution appointing its
members, the Fire Review Task Force's services shall be dissolved; however, if by
resolution the Board of County Commissioners extends the term of the Task Force,
dissolution shall occur at the end of the extended term.
This Resolution adopted after motion, second and majority vote.
2
lr
r'
DATED: April 24, 2007
ATIEST:
j;lWlGHi"1E.8ROCK, Clerk
..;,.> . ',,'
~@J(1 \t{Q0~l\c
<:f t~es t !~.. to ChI t....... ,
,lljMti,N. ",,1'
Approved as to form and
legal sufficiency:
~~C/*~
David C. Weigel
County Attorney
Agenda Item No. 91
.June 12, 2007
Page 6 of 30
80ARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: ~
JAMEte6L , amna
3
Item# ~
Agenda Ii r "J It1-
Dale ~
~~' 11 !?D!D 1-
w' n,t \It
GputyClerk
..
~
Aaenda Item No. 91
" .June 12.2007
Page 7 of 30
MEMORANDUM
DATE:
May 29, 2007
Elections Office ~
Sue Fi]son, Executive Manager '
Board of County Commissioners' "
TO:
FROM:
RE:
Voter Registration - Advisory Board Appointments
The Board of County Comnrissioners 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.
A]so, please list the commission district in which each applicant resides.
FIRE REVIEW TASK FORCE
COMMISSION DISTRICT
Gary R. Beaumont
625 Myrtle Road
Nap]es, FL 34104
cJ
3
J. Christopher Lombardo
6470 Hunters Road
Naples, FL 34109
Bradley William Schiffer
520 Sugar Pine Lane
Naples, FL 34]08
William Lawrence ScHeck
] 06 Muirfield Circle
Naples, FL 34] 13
D(
d(
Jltl
; ,
Pamela J. Nickell
680 6th Street, S.E. . /
Naples, FL 34] ] 7
I'J'~
./-
r
NR
William J. Varian
2]031" Street, N.W.
Naples, FL 34120
5
~
Dalas D. Disney
4745 Stratford Ct. #2303
Nap]es, FL 34]05
---,r"-
Agenda Item t~o. 91
.June 12,2007
Page 8 of 30
James E. Boughton
760 Clarendon Court
Naples, FL 34109
~
Thank you for your help.
filson s
,Agenda Item No. 91
.June 12. 2007
Page 9 of 30
From:
Sent:
To:
Subject:
Barbara Kornek [BKornek@northnaplesfire.com]
Tuesday, May 29, 20072:25 PM
filson s
Fwd: -advisory board application
>>> Barbara Komek 5/29/2007 ]2:02 PM >>>
Hi Sue!
Hope you had a great weekend! I spoke to you last week about the application for J. Christopher Lombardo for
the Fire Review Task Force Advisory Board and you were going to hold the application for me.
Please DO NOT submit this application! The Fire Service Steering Committee will meet again next month and
I am hopeful they will provide more input then.
Thanks!
Please confirm receipt of this email.
Barbara
Barbara Komek
Office Manager
North Naples Fire Control & Rescue
] 885 Veterans Park Drive
Naples, Florida 34] 09
(239) 597-3222 ext. 302
bkomek@northnaplesfire.com
>>> Barbara Komek 5/22/2007 ]0:35 AM >>>
Hi Sue!
J. Christopher Lombardo is a Commissioner for the North Naples Fire District. He submitted an online
application for the Fire Review Task Force Advisory Board. The application was submitted too early, please
either hold the application of throw it out.
The Fire Service Steering Committee meets on Thursday evening and they will then make a recommendation to
the BCC for application to this advisory board.
Please confirm this. Thanks for your help with this!
Barbara Komek
Office Manager
1
T"
r '
North Nap]es Fire Control & Rescue
] 885 Veterans Park Drive
Naples, F]orida 34]09
(239) 597-3222 ext. 302
bkomek@northnaplesfire.com
Agenda Item r,o. 91
.June 12, 2007
Page '10 of 30
2
MEMORANDUM
Agenda Item t~o. 91
.June 12, 2007
Page 11 of 30
DATE:
May 29, 2007
TO:
Judy Puig, CDES Operations ~
Sue Fi]son, Executive Manager
Board of County Commission v
FROM:
RE:
Fire Review Task Force
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:
Gary R. Beaumont
625 Myrtle Road
Nap]es, FL 34104
J. Christopher Lombardo
6470 Hunters Road
Nap]es, FL 34109
Brad]ey William Schiffer
520 Sugar Pine Lane
Naples, FL 34108
William Lawrence Scheck
] 06 Muirfield Circle
Naples, FL 34] 13
Pamela J. Nickell
680 6th Street, S.E.
Naples, FL 34] 17
William J. Varian
2]03]" Street, N.W.
Naples, FL 34]20
Dalas D. Disney
4745 Stratford Ct. #2303
Naples, FL 34105
James E. Boughton
760 Clarcndon COlli-t
Nap]es, FL 34109
T
'1"
Agenda Item No. 91
.June 12. 2007
Page 12 of 30
Please let me know, in writing, the recommendation for appointment of the advisory committee
within the 4] 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
Page] 0[2
Agenda Item No.91
June 12,2007
Page 13 of 30
---. ',... - ---....---..-----------,.-- ----.-----... -_.._-------_.,-~-_._-_._-~_..._-.- ----"._._---'----_.__._~------_.~_._-_._----"._-
From: GARYBEAUMONT@EARTHLlNK.NET
6t: Friday, May 25,20074:16 PM
~: filson_s
Subject: New On-line Advisory Board Application Submitted
Advisory Board Application Form
Collier County Government
3301 E. Tamiami Trail
Naples, FL 34112
(239)774-8999
Application was received on: 5/25/20074:15:37 PM.
Name: IoARY R. BEAUMON'Ii Home Phone: 123951477551
Home Address: 1625 MYRTLE RD.I
City: /NAPLEs! Zip Code: 134]041
Phone Numbers
Fax: 1239643 ]2621 Business: ~3925344341
. e-Mail Address:/GARYBEAUMONT(a)EARTHLINK.NE.Ii
Work Place: !BEAUMONT ELECTRiC CO. INC.I
How lon~ have you lived in Collier County: !more than ] 51
Have you ever been convicted of any offense a~ainst the law? ~
Are you a registered voter in CoUier County? ~
Board I Committee Applied for: !FIRE REVIEW T ASKj
Category: /Not indicated)
Do you currently hold public offfice? ~
!COLLIER COUNTY LICENSING BOARDI
Do you currently or ever served on a CoUier County Board or
. Please list your community activities:
I
~
Education:
!HIGH SCHOOL DIPLOMA] 1/2 YEARS COLLEGE!
5/29/2007
-1'''-
Advisory Board Application
!HIGH SCHOOL DIPLOMA 1 1/2 YEARS COLLEGE!
Page 2 of2
.Agenda Item t~o. 91
clune 12, 2007
Page 14 of 30
Ex erience:
WNER AND PRESIDENT OF BEAUMONT ELECTRIC AND FCl
-4 OMES
..,
..
5/29/2007
Advisory Board Application
filson_s
Page] of2
Agenda item No. 91
.June 12, 2007
Page 15 of 30
From:
jclombardo@wpl-Iegal.com
Friday, May 18, 20074:09 PM
ftlson_s
,t:
0:
Subject: New On.line Advisory Board Application Submitted
Advisory Board Application Form
Collier County Government
3301 E. Tamiami Trail
Nap]es, FL 34112
(239)774-8999
Application was received on: 5/18/20074:08:54 PM.
Name: ~. Christopher Lombardo! Home Phone: ~39-59] -13801
Home Address: ~470 Hunters Roadj
City: iNaplesl Zip Code: 1341091
Phone Numbers
Fax: 1239-649-734~ Business: 1239-649-65551
. e-Mail Address: nc1ombardoia)wpl-legal.comj
Work Place: !woodward, Pires & Lombardo, P.A.[
How lonl: have you lived in Collier County: !more than 151
Have you ever been convicted of any offense al:ainst the law? ~
Are you a registered voter in Collier County? ~
Board I Committee Applied for: !Fire Review Task Force Boardl
Catel:ory: Not indicate~
Do you currently hold public offfice? ~
Do you currently or ever served on a Collier County Board or Committee? ~
.
Please list your community activities:
!chairman, North Naples Fire Cointrol Rescue District Scoutmaster, BSA Troop 200] Advisor,
!venture Crew 200] Former Governor, Florida Bar Board of Govenors
Education:
5/18/2007
.,.
Advisory Board Application
IucF ] 980 FSU ] 983 College ofLa~
Page 2 of2
Agenda Ilem No. 91
.June 12. 2007
Page 16 of 30
Experience:
.- I
..
,
"
5/18/2007
Agenda Item r,o. 91
.June 12, 2007
Page 17 Df 30
.
brad schiffer/T AXIS, inc.
Architects and Planners
AA COOO600
520 Sugar Pine Lane
Naples, Florida 34108
239.254.0285
May 17, 2007
Please accept the attached application and vita as a request to be considered for appointment to
serve as a member of Fire Review Task Force.
As a member, and chair, of the Florida Fire Code Advisory Council and a member of the Florida
Building Commission Fire Technical Advisory Committee I have an understanding of both codes
and their overlap.
.
Feel free to call with any questions.
Brad Schiffer A]A
.
r
! '
..
,
..
Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
(239) 774-8097
Fax: (239) 774-3602
Agenda Item No. 91
.June 12, 2007
Page 18 of 30
.
Application for Advisory Committees/Boards
Name:
Bradley William Schiffer AlA
Home Phone: 239.254.0285
Home Address: 520 Sugar Pine Lane, Naples Florida
Zip Code: 34108
Fax No. 239.254.0417 Business Phone: 239.254.0285 e-mail address: brad@TAXIS-usa.com
Place of Employment: brad schiffer I Taxis inc.
Board or Committee Applied for: FIRE REVIEW TASK FORCE
Category (if applicable): Architect
How long have you lived in Collier County: Years 6 Months 7
Are you a registered voter in Collier County: Yes
Do you currently hold public office? No
If so, what is that office? NA
Have you ever been convicted of any offense against the Law? No
J(yes. explain: NA
Do you now serve, or have you ever served, on a Collier County board or committee? Yes
If yes, please list the committees/boards:
Planning Commission
Board of Building Adjustments and Appeals
Please list your community activities (civic clubs, neighborhood associations, etc. and positions held:
see attached vita
Education:
Bachelor of Architecture from The Ohio State University
Experience:
see attached vita
P!eas~ altllCh any additio"cl information you fed pertin.ent This application should beforwarded to Sue FiJsGii, Exec.five Manager to
the Botlrd of County Commissioners, 3301 Em TamiamJ Trail, Naples, FL 34112. If you wish, please fax your applicutWn to
(239)774-3602 or e~maiJ /i) ,mf'filwmo;cnflif'T!!Ol'.fll!l. Thank you/or volunteering to serve the citizens ofCo/lier County.
.
.
.
BRADLEY W. SCHIFFER
brad schifferrrAXIS. Inc.
Architecture & Planning
520 Sugar Pine Lane
Naples, Florida 34106
239.254.0285
Registrations:
Registered Arch~ect in Florida, #AR-0007134, 1976-Present
Professional Occupation:
brad schifferfT AXIS Inc. FL#AA-COOO600 1978-Present
Academic Qualifications:
Ohio State University, Bachelor of ArcMecture, 1972
Academic Appointments:
Adjunel Professor, Miami-Dade College, 1988-2001
Advanced Computer~Aided Design and Modeling
Environmental Technology
Professional Associations:
American I nslitute of Archijeels
Intemational Code Council (ICC)
National Fire Protection Association (NFPA), 1985-Present
Member of the Technical Committee of Building Construction
Member of the Technical Committee of Fire Safety Symbols- Chainnan
Florida Fire Marshals & Inspeelors Association
Florida Association of Fire and Life Safety Educators
Member of National CADD Standard Project Committee
Nationallnstrtute of Building Sciences (NrSB), 1999-Present
Foundation for Modem Arch~ecture, Inc., 1992-Present
Member of the Board of Directors
Civic Associations:
Collier County Planning Commission, 2003-Present
Florida Building Commission Fire Technical Advisory Committee, 2005-Present
Florida Fire Code Advisory Council, Chairman, 20Q4-Present
Collier County Building Board of Adjustments and Appeals, Chairman, 2oo1-Present
Collier County Ardlitectural Standards Review Committee
Concept House, Inc., a residential substance abuse facility
Member of the Board of Directors 1978-2000: President, 1996-2000
Professional Competitions:
Honorable Mention, "Brickell Avenue Bridge Competition,n 1990
Coordinating Architects with Principal Architect KenzoTange,"Dade County Administration Building," July 1978
Honorable MentIDn, "Biscayne VVest Competition,n Paul Rudolph and Harry Weese, Judges, 1975
First Prize, "Architecture 1980 Competition," R. Buckminster-Fuller, Judge, 1972
,t,genda It~m r'-lo. 91
June 12, 2007
Page 19 of 30
<..'~''''-''
filson_s
Page] of2
Agenda Item 1-<0. 91
.June 12, 2007
Page 20 of 30
Advisory Board App]ication
."'rom: bschreck@webild.com
Thursday, May 17, 2007 4:06 PM
filson_s
Subject: New On-line Advisory Board Application Submitted
.,t:
Advisory Board Application Form
Collier County Government
3301 E. Tamiami Trail
Naples, FL 34112
(239)774-8999
Application was received on: 5/17/2007 4:05:32 PM.
Name: IWILLIAM LAWRENCE SCHECK! Home Phone: ~39-793 50]~
Home Address: 1106 MUIRFIELD CIRCLE!
City: !NAPLESI Zip Code: IiIill
Phone Numbers
Fax: ~39-732-676~ Business: ~39-732-66691
-~ e-Mail Address:jbschreck(ciJwebild.coml
Work Place: [The Henning Group Lcj
How long have you lived in Collicr County: !more than] 51
Have you ever been convicted of any offense against the law? ~
Are you a registered voter in Collier County? ~
Board I Committee Applied for: [Fire Review task forcel
Category: ~epresenting CBIA.I
Do you currently hold public offfice? ~
Do you currently or ever served on a Collier County Board or Committee? ~
~ Please list our communi activities:
AST PRESIDENT CBIA. YMCA SWIM TEAM BOARD OF DIRECTORS MEMBER
OT ARY REFEREE OPTIMIST YOUTH SOCCER
Education:
51] 7/2007
Advisory Board Application Page 2 of 2
!J ~'o"~a item r'.)o. 91
ACHELOR OF SCIENCE OF CIVL ENGINEERING CASE INSTITUTE OF ~ J.tne 12. 2007
ECHNOLOGY ] 960 GENERAL CONTRACTORS LICENSE CGC 033033 SINCE] 985 age 21 of 30
Ex erience:
. 0 YEARS CONSTRUCTION BUINESS CLEVELAND OHIO AND NAPLES F
.
.
5/1 7/2007
.<.. 'T""~'~-"'-'" ,.., ."
filson_s
Page 1 of2
,Agenda Item No. 91
.June 12, 2007
Page 22 of 30
Advisory Board Application
- --_.,-~--"--'-'_."--~'._---- ^ ---.~--_.._._-_._~._-,---,._-,------_._--_._~--_._------,..---.-----.-.-----------
'fit:
Pnickel\@webild.com
Thursday, May 17, 2007 3:33 PM
filson_s
C'-"'om:
Subject: New On-line Advisory Board Application Submitted
Advisory Board Application Form
Collier County Government
3301 E. Tamiami Trail
Naples, FL 34112
(239)774-8999
Application was received on: 5/17/20073:32:45 PM.
Name: !pamela J. Nickelll Home Phone: 1239 353-20131
Home Address: 1680 6th St S~
City: iNap]esl Zip Code: ~
Phone Numbers
Fax: 1239 732-676~ Business: ~39 732-666~
) e-Mail Address: !pnickell(a)webild.comj
Work Place: !The Henning Group!
How long have you lived in Collier County: jrnore than] 51
Have you ever been convicted of any offense a~ainst the law? ~
Are you a registered voter in Collier County? Iy e~
Board I Committee Applied for: \Fire Review Task Forc~
Category: iNot indicate~
Do you currently hold public offfice? ~
Do you currently or ever served on a Collier County Board or Committee? ~
-1
Education:
trraining in all areas of Victim Advocate Work including 24 Hour Crisis Hotline Management
51] 7/2007
Advisory Board Application
jEducati'i;g Public on Crisis Intervention Administrative Functions
Page 2 of2
~!\genci~ Item 1"0. 91
.I me 12, 2007
PaJe 23 of 30
.
Experience:
I
.
.
5/17/2007
._, '-~'-----"""- ,,~-
filson_s
Page] of2
Aaenda Item No. 91
" ,Iune 12,2007
Page 24 of 30
Advisory Board Application
...o;:rom: wjv1992@aol.com
~t: Saturday, May 12,20076:06 AM
"'If'r: filson_s
Subject: New On-line Advisory Board Application Submitted
Advisory Board Application Form
Collier County Government
3301 E. Tamiami Trail
Naples, FL 34112
(239)774-8999
Application was received on: 5/12/2007 6:06:26 AM.
Name: IWilIiam J. Varian, CGR CAPsl Home Phone: ~39 352 73921
Home Address: ~] 0 3] st St Nwj
City: /Naple~ Zip Code: 134]201
Phone Numbers
Fax: ~39 732 08201 Business: ~39 28980131
.-.., e-Mail Address:lwiv1992(aJ.aol.coml
Work Place: /WID. 1. Varian Construction Co., In~
How lon~ havc you lived in Collier County: Imore than ] 51
Have you ever been convicted of any offense a~ainst the law? ~
Are you a registered voter in Collier County? IYe~
Board I Committee Applied for: !Fire Review Task Forcd
Category: InSAC membe~
Do you currently hold public offfice? ~
IDSAC 2004-2005 DSAC- 2006 to present and 2007 Chairman Board of Adjustments and Appeals
Do you currently or ever served on a Collier County Board or Committce? IYe~
-4 Please list our communi activities:
BIA past president Saint Elizabeth Seton School Board- member Florida Home Builders- Director
ational Assocaition of Home Builders- Director
Education:
5/14/2007
Advisory Board Application
Education:
!College Graduate, Certified General and Roofing Contractor,1
Page 2 of2
~,genda Item No. 91
.June 12, 2007
Page 25 of 30
.
.
.
5/14/2007
.. ""......"..11"..."
.
Board of County Commissioners
33(H East Tamiami Trail
Naples, FL 34112
(239) 774-8097
Fax: (239) 774.3602
Agenda Item No. 91
June 12,2007
Page 26 of 30
..
Application for Advisory CommitteeslBoards
Name: DaIas D. Disney
Home Address: 4745 Stratford Ct. #2303. NaDles
Home Pbone: 239-455- 2384
Zip Code: 34105
Fax No. 239-596-2874 Business Pbone: 239-596-2872
e-mail address:daIas@disneyarcbitect.net
Place of Employment: Disney & Associates. P .A.
Board or Committee Applied for:
Fire ReYiew Task Force
Category (if applicable): DeyelODmentaI Services AdYisory Committee Member
Example: Commission District,. Developer, euviroomentalist, lay person,. etc.
How long baye you Iiyed in Collier County: Years 18
Months
Are you a registered voter in Collier County: Yes
X No
Do you currently bold public office? Yes
H so, what is that office?
) Have you ever been convicted of any offense against the Law?
If yes, explain:
No X
Yes
No
x
Do you now serve, or have you ever served, on a Collier County board or committee? Yes
No
x
If yes, please list the committees/boards: Current member of tbe Develonment Services Advisorv Committee.
Nominated as Member Renresentative (Chairman 2000l
Please list your community actiYities (ciYic clubs, neighborhood associations, etc. and positions beld:_
American Institute of Arcbitects
Education:
See CV
Experience:
See CV
..
Pkas~ attach any additional info17lUltion you feel pertinf!llL This application slwllld be ftJl"tll1lU'dU tQ Sue Filsotl, Executive MdNlger to
au Board of County Commissioners, 3301 East Tamkuni TnUl, Naples, FL 34112. If you wish, please fax your application to
(239)774.3602 or ~-mail to sucfilsml@colli!'r1!(J\'.IIcl. Thank you/or volunteering to serv~ the citizens afCollier County.
Agenda Item No. 91
.June 12, 2007
Page 27 of 30
.
CURRICULUM VITAE
DaJas D. Disney, AlA
Disney & Associates, P.A.
1865 Veterans Park Drive, Suite 301
Naples, Florida 34]09
(239) 596.2872
PROFESSIONAL
Registered Architect
State of Colorado, 1983
State of Florida, ] 987
National Council of Architectural Registration Boards, 1987
Code Inspector
Florida Department of Education, Uniform Building Code Inspector
Certified Inspector, 1990, 1994
Professional Member
American Institute of Architects, 1978
Florida Educational Facility Planners Association
Current Member
Development Services Advisory Committee (DSAC). Collier County. Appointed 1993
Fonner Member
St. John Neumann Catholic High School, School Board, Naples, Florida
EXPERIENCE
April 1994
. 1993 to 1994
Disney & Associates, PA, Architects and Planners, Naples, Florida
Latavish, Disney & Associates, P.A., Architects, Naples, Florida
Principal
1988 to 1993
Interim Director, Office of FaciJities Planning and Construction, School Board Architect,
and Project Manager, Collier County Public Schools, Naples, Florida
1986 to 1988
W. R. Frizzell Architects, Fort Myers, Florida
Principal, Director of Construction Administration
1985 to 1986
The Mulhern Group. Denver, Colorddo
Director of Construction Services and Project Manager
1984 to 1985
C. W. Fentress and Associates. Denver, Colorado
Project Architect and Construction Administrator
1981 to ]983
The Luckman Partnership, Los Angeles and Denver
Project Captain
1978 to 1981
IDlCP Architects, ]nc., Maitland, Florida
Project Captain
1973 to 1978
W. R. Frizzell Architects, !--,)Jt Myers, Florida
Job Captain and Architectural Draftsman
.
<-'~"-T'
.
....,
Agenda Item No. 91
.June 12, 2007
Page 28 of 30
CURRICULUM VITAE
Dalas D. Disney, AlA
continued
AWARDS
1985
Broadview Animal Clinic. Aurora. Colorct.do
Veterinary Economics Merit Design Award
1986
One DTC, Dever. Colorado
Western Region/AIA Merit Design Award
and
Pacific Coast Builders Conference Gold Nugget Award,
Best Commercial Building
2006
Sand Dollar Award, CHIA, Commercial Clean-up
Best Commercial Building
EDUCATION
Continuing Education
Edison Community College, Fort Myers, Horida
Community College of Denver, Denver, Colorado
Certificate
Fort MyerslLee County VocationallTechnical School, 1970
Architectural and General Drufting
~
OUALIFICATIONS
Mr. Disney earned his professional Architectuml License through direct experience, motivation. intensive study. and
extensive state board examination. His extraordinarily extensive and varied background in all aspects of project
management, contract documents. specifications. and construction administration, includes work on major projects
ranging from offices and banks to correctional institutions and recreational projects. Recently his specialization has
been in educational facilities.
Highlights of his work experience include the following projects:
ST. PETER THE APOSTLE ROMAN CATHOUC CHURCH
Master plan, programming, site planning and Architect of Record for u new, permanent church in Naples, Horida. The
innovutive design has been recommended by the Building Commission in Venice to serve as u 'prototype' and example
of preferred site design for future work in the Diocese of Venice in Florida.
ORANGE COUNTY CONVENTION CENTER
Involvement in all aspects of major convention center project from end of design development pha<re through
construction documents and into construction phases.
WALT DISNEY WORlD. EPCOT CENTER PAVllJONS
Team member involvement in three high-visibility entertainment pavilions ut Walt Disney World, Horida; the
American Adventure Puvilion for World Showcase, and the Land und the lmuginution Pavilions for Future World.
Working with u Muitland, Horida firm for the first und with a Los Angeles firm on the laner two, responsibilities
included coordinution, research. and technical documentation for the three show piece pavilions at the EPCOT
complex.
Aaenda Item No. 91
" June 12. 2007
Page 29 of 30
.
CURRICULUM VITAE
Dalas D. Disney, AIA
continued
EXHIBITIONS
Architecture as Art, Lee County Alliance of the Ans, 1988, One DTC Office Building
RELATED PROFESSIONAL ACTIVITIES
Member, Professional Regulation Committee, Florida Southwest Chapter, American Institute of Architects
Member, Contractors Examining Board - 1992 City of Naples, Florida,
Member, Development Services Advisory Committee - 1994 Collier County, Florida (Vice Chair 1999/ Chairman 2000)
American Institute of Architects - Florida Southwest Chapter - Treasurer - 1995 Naples/Fl Myers, Florida
CONTINUING EDUCATION
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>-
>-
)>
>-
.
Public Construction in the Southeast: Preventing Problem'i and Resolving Disputes. National Construction Law Center,
Inc., Atlanta, Georgia, 1993
Wind Resistance in Low Rise Construction, Florida Department of Educational Facilities, Boca Raton, Florida, 1993
Energy Conscious Architecture, 1997
Indoor Environment 1997
Subsurface Conditions, 1998
Fire Safety in Buildings, ] 998
Wind Forces, 1999
Low Slope Roofing, 2001
Florida USe/Structural Technical Core Training, 2001
Professional Conduct - NCARB, 2003
PGT Wind-Borne Debris Protection, 2004
Fabric as Building Product, 2004
Principles of Waterproofing, Preventing Cladding System Failures. 2004
Cracking the Codes I - NCARB, 2005
Cracking the Codes II - NCARB, 2005
Crime Prevention Through Environmental Design (CPTED), 2005
Specifying Pews for Worship Facilities, 2005
2(Xl4 Florida Building Code Core Course - AlA, 2006
Designing for Hurricane Protection - AlA, 2006
Three Building Envelope Construction Methods - AlA, 2006
T
r.....
.4
"-'
~
Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
(239) 774-8097
Fax: (239) 774-3602
Agenda Item No. 91
June 12. 2007
Page 30 0130
.
pplication for Advisory Committees/Boards'
Name: James E, Bou!!bton
Home Pbone: 239-592-1787
Home Address:760 Clarendon Court Naples. Florida
Zip Code: 34109
Fax No,239-596-7825
Business Phone: 239-596-7800
Email address:iirnUi:ihoue:htonarchitects.com
Place of Employment: Bou!!bton Arcbitects. Ine.
Board or Committee Applied for: Fire Review Task Force
Category (if applicable): Arcbitect
Example: Commission District, Developer. environmentalist, lay person, etc.
How long bave you lived in ColIier County: Years~ Montbs
Are you a registered voter in Collier County: Yes
Do you currently bold publie office? No
If so, what is that office?
Have you ever been convicted of any offense against tbe Law? No
If yes, explain:
Do you now serve, or have you ever served, on a Collier County board or committee? Yes
If yes, please list the committees/boards: City UrN.Dles Code Enforcement Board for 6 years and DSAC for one year.
Please list your community activities (civic elubs, neighborhood associations, ete. and positions beld:
NaDles North Rotarv Club. Moorinl!s Presbyterian Church. America Institute of Architects. and TEe
Education:
1976 Bacbelor of Arcbitecture Kent State Universitv
Experience: Jim Bou!!bton bas over 29 vears of experience in tbe desi2n profession and bas been a ree:istered
arcbitect sinee 1980. The first ten vears of bis professional career was spent in Dallas. Texas wbere be served as
project arcbitect and associate witb a national arcbitectural firm witb major empbasis on commercial and
educational arcbitecture. In 1987. be relocated to Naples. Florida as a member of one of tbe lal'l!est
arcbitectural firms in Collier Countv, Durin!! tbat neriod. be was responsible for the desi2n and mana!!ement
of a wide ran!!e of projects ineludin!! elaborate residences. rmancial institutions. skilled nursin!! facilities and
reliszious proiects.
Please attach any additiolUll Uifonfflllion)'Oll fed pertinent. This app/ictItion slwald bt!forwarded to Site F"1bon. Execlttive MtuUIgU lO
the Board of County Commissioners, 3301 East Tamiami Trail, Naples, FL 34112. If you wish, please ft!X your applicaticn to
(239) 774-3602 or e-mail to.mefil.wn.ii.nlllil.r!!OI..Ill.LThankyoulorvolurrturingtoservethecitizensolO.//ier County.
Page 1 of 1
A<::enc:lCl Item No, 'iJ
- June 12, 2007
Page 1 of1
COLLIER COVI'iTV
B()AF~[; OF COUNTY CO:M,'[SSIU~JFRS
Item Number:
').1
Item Summary:
~):~; U$~"iu" !"',[i:J:"J:r,g ",cd:l:cr',:o" ~1..'lnl'lg ~:;r pe':;c:i 'Eo Ir",'..-0' >D !,,;:<~ ,;; ,,'~,' i,md \",,/,),;1": n'Jl',Jn
'c"gr,rJW[:t3ir" Q"",:WG':r1ua: 'wvr.;:,,:g'I(I'-'s i'~('!nrn!s";n:pr r <1'1' e:alc,\';)
Meeting Date:
C/L';'U;J- ''j('()( .M
Prqlllretl By
SlJe Fil"on
E'()~"HV'" l\~an~9()r to' tbL E;CC
DJle
Beard (>fCounty
E;::C Off;~e
CommI5~jon"r5
Approved By
JamesV_Mudd
C~',mty r"an"\Jer
C:me
Board of County
CommIssioners
CCl"nly 1,1:1f)~lJe"'o Office
6141200710:20AM
~
.-.
EXECt:TIVE SUMMARY
Agenda Item ~~o. 0K
June 12. 2007
PagB 1:lf 7
RECOMMENDATION THAT THE BOARD ESTABLISH THE PROCESS FOR THE SELECTION
OF A COt:NTY ATTORNEY
OBJECTIVE: To establish the process for the selection of a County Attorney.
CONSIDERATIONS: The selection process for a County Attorney can be accomplished in a number of
ways. What follows is a broad outline of three possible approaches:
1) Process to be handled by professional search firm hired by Board of County Commissioners.
a) Using a professional search firm may take slightly longer as there must be a selection of
the firm itself. To minimize delay, the Board may determine that it is in the best interests of the County to
waive the Purchasing Policy requirements and direct the Purchasing Department, with any necessary assistance
from the Human Resources Department, to go directly to several search firms with expertise in finding
candidates for such positions. There will obviously be out-of-pocket cost if the Board retains a search firm.
The fiml, however, would be familiar with the various publications in which such positions run; have
information about the current market for such candidates; and would likely have access to potential candidates
who may currently be employed, who might be a good fit and can encourage these individuals to consider the
Collier County position. It would be expected that the breadth and quality of the pool of applicants may be
better using a professional search finn.
b) A professional search firm would, with Board direction, likely follow the same general
steps as outlined below in (2) a through f. Of course, the search firm would also have to adhere to applicable
Sunshine Law requircments.
2) Process to be handled by ad hoc advisOlY committee.
a) The Board of County Commissioners could create an ad hoc advisory committee and
direct the advisory committee to accept applications, rcvicw the applications to determine which applicants
meet the minimum criteria of the job posting, interview a group of applicants and rank them in order of most
qualified for the position, all of which will be performed in accordance with the Sunshine Law. Clearly, there
will be some delay with this approach, especially in light of the pending summer break. However, this
approach perhaps allows for broader community participation.
b) The advisory committee would then provide the list to the Executive Manager to the
Board of County Commissioncrs who will create an Executive Summary identifying the number of applications
received and attaching a copy of each, as well as the list of recommended candidates produced by the advisory
committee.
c) The Board of County Commissioners would discuss the Executive Summary and findings
and direct the Executive Manager to the Board of County Commissioners to contact the identified candidates to
schedule and interview at a regularly scheduled Board meeting or a Special Board meeting.
d) After interviews, the Board of County Commissioners would rank the applicants in the
order in which they would like to negotiate a contract and will either negotiate as a Board or direct the
Chaimlan to negotiate a contract.
e) If the direction is given to the Chairman to negotiate, it will be necessary to do the
negotiations in accordance with the Sunshine Law and the Chairman would then have to bring the contract back
to the Board of County Commissioners for approval.
f) If the Board negotiates in open session and sets terms in specific enough detail, they can
Jirect the contract be prepared for the Chairman's signature without the document having to come before the
Board of County Commissioners again.
f\oenda item r~o. SK
~ c;une 12, 2C107
Pof:i8 2 of 7
3) Process to be handled by Board of County Commissioners.
a) The Board of County Commissioners could direct the County Manager through the
Human Resources Department to determine a timeframe within which applications will be accepted and
establish criteria for the position; advertise the position in appropriate publications; accept applications and
provide copies of each to each Board member; and complete reference checks, including but not limited to The
Florida Bar and other Bars of which the applicant is a member.
b) Each Board member would review the applications received and make a list of applicants
they would like to see interviewed and provide that list to the Executive Manager to the Board of County
Commissioners. The Executive Manager could then create an Executive Summary identifying the number of
applications received and attaching a copy of each Board member's list identifying nan1es of applicants they
would like to see interviewed along with a copy of the applications.
c) At a regularly scheduled Board meeting or a Special Board meeting, the Board of County
Commissioners could discuss which applicants to interview and direct the Executive Manager to the Board of
County Commissioners to set interviews at a regularly scheduled Board meeting or a Special Board meeting.
d) Steps d, e and f are the same here as set forth above in (2)d, e and f.
It is also suggested that the Board go through a process of establishing the skills and characteristics that
are being sought regardless of how the searchlhiring process is conducted. This will help focus the search to the
right short list of candidates for ultimate interviews, irrespective of whether a search firm, a committee or the
Board handles the selection process. A copy of a current job description is attached and this could be updated
and enhanced at the Board's direction.
LEGAL CONSIDERATIONS: The Sunshine Law requirements will make most of the selection and
hiring process subject to open meetings. "Meetings of a public board or commission at which personnel matters
are discussed are not excmpt from the provisions of s. 286.0 II, F.S" in the absence of a specific statutory
exemption." Times Publishing Company v. Williams, 222 So, 2d 470 (Fla. 2d DCA 1969), disapproved in part
on other grounds, Neu v. Miami Herald Publishing Company, 462 So. 2d 821 (Fla, 1985). As the court in that
case recognized, personncl matters are not legally privileged or insulated from legislative control. In this
regard, the Sunshine Law also plainly applies to advisory committees created by an agency to assist in the
search and selection process and would likewise apply to a search firm, See Wood v, Marston, 442 So. 2d 934
(Fla. 1983), and IDS Properties, Inc. v, Town of Palm Beach, 279 So, 2d 353, 359 (Fla. 4[h DCA 1973), certified
question answered sub nom., Town of Palm Beach v. Gradison, 296 So. 2d 473 (Fla. 1974).)
GROWTH MANAGEME],>;T IMPACT:
Executive Summary,
There is no growth management impact associated with this
FISCAL IMP ACT: The cost of the search depends on the approach selected, In the case of a professional
search firm, the out-of-pocket cost will obviously be greater and will vary depending on the time expended
searching, and method ofpay1TIent to the search firm (for example, a commission basis or exclusive basis for a
fixed fee). Standard advertising costs will also apply when advertising the position in the early stages of the
process, and will also vary depending on number of publications, type of publications and time the ad runs.
RECOMMENDA TlON:
County Attorney,
That the Board of County Commissioners establish the process for selecting a
Prepared by:
Michael W. Pettit, Chief Assistant County Attomey
04.I3CC-Ol199/690
2
Page J of]
Ii 8m '-'Ie. ;lK
COLLIER COUNTY
80A!:D OF COUNTY COMMISSIONt:PS
Item Number;
Item Summary:
'f<
F:< ;;0r11i'<l<<ndat'Qr- tnm \hE 8(J8i';t cs;:JtJI ,;~i tne pIT)cn", for :11[, ~;f'i"cL01' :)i a C:oc;nty ':;!1oriley
if: )r,'I",,~;;oner ,ldlTleS (:ol"ttai
Meeting Date:
E.;i~:'i2~'f.r,' 8 JOue, /\M
Prepared By
Suer,lson
E~(!(;u~ive M"na,,~, to ~~H; BCe
D~te
Bo~rd or County
ECCOf/lce
Commi>>s;oners
Approve-d By
jamesV.Mudd
Coullty ".'~n~ger
PH.,
8c,,;.-001 County
CQmm;$SiOf1Drs
CDtJllty ~~anager's Office
(;i!i/2o(l7 :1:27 11M
.I~oenC~:3 :iem No. 9K
,)J~ie 12, 2C!!J7
?af}e 4- of 7
COUl'ITY ATTORNEY
PURPOSE OF CLASSIFICATION
To plan, direct and review the activities and operations of the Office of the County Attorney; to act
as legal advisor and counsel for the Board of County Commissioners, advisory boards and
committees, County Manager and his agencies; to represent the County in litigation; to coordinate
activities with other divisions and departments; and to provide professional, effective and efficient
public service assistance to the general public.
ESSENTIAL FUNCTIONS
The following duties are normal for this position, The omission of specific statements of
the duties does not exclude them from the classification if the work is similar, related, or a
logical assignment for this classification. Other duties may be required or assigned.
Develop, plan, Implement and administer office goals and objectives as well as policies and
procedures necessary to provide assigned legal services. Approve new or modified programs,
systems, policies and procedures.
Direct, oversee and participate in the development of the office's work plan; assign work activities,
projects and programs; monitor work flow; review and evaluate work products, methods and
procedures.
Coordinate office activities with those of other divisions and departments, and outside agencies
and organizations; provide staff assistance to the Board of County Commissioners and County
Manager; prepare and present staff reports and other necessary cDrrespondence.
Render legal opiniDns to the BDard Df CDunty Commissioners, advisory boards and committees,
County Manager and division heads as required.
Analyze legislatiDn affecting the CDunty.
Review propDsed cDntracts, bond and financing papers, insurance pDlicles and other documents
affecting the County.
Monitor and contrDlliability claims and lawsuits.
Attend meetings of the Board Df CDunty CDmmissioners and other CDunty boards and committees
as may be required, and render legal advice Dn agenda items.
Prepare Dr review drafts and assist in the negDtiation Df prDpDsed agreements; prepare or review
ordinances, resolutions, deeds, pleadings, contracts and other legal documents.
Appear before CDurts and administrative prDceedings to represent the County's interest as
required.
Prosecute for civil remedies tD enforce County ordinances, abate public nuisances, reCDver for
damages to County property, condemn property for public purpose and other matters.
Direct the develDpment and administration Df the Dffice's budget; direct the fDrecast of funds
needed for staffing, equipment, materials and supplies; monilor and approve expenditures; make
mid-year corrections.
, .
Agenda Item No. 9K
June 12, 2007
Page 5 of 7
Select, train, motivate and evaluate personnel; provide or coordinate staff training; work with
employees to correct deficiencies; implement discipline and termination procedures.
Participate on a variety of boards and commissions; attend and participate in professional groups
and committees.
Respond to and resolve difficult and sensitive citizen inquiries and complaints.
Communicate effectively, both orally and in writing.
Organize, interpret, and apply legal principles and knowledge of complex legal problems;
effectively apply legal knowledge and principles in court.
Present statements of law, fact and argument clearly and logically.
Prepare and present difficult cases in court.
Conduct research on complex legal problems and prepare sound legal opinions.
Properly interpret and make decisions in accordance with laws, regulations, and policies.
Select, supervise, train, and evaluate professional and support staff.
Develop and administer a budget.
Maintain effective working relationship with the general public, staff, committee members, and
public officials.
Assist those contacted in the course of duty in an effective, efficient and professional manner.
Perform related duties as assigned.
Knowledge of:
Modern and highly complex principles and practices of public law.
Methods of public agency administration.
Principles of personnel administration, supervision, and training.
Organization, duties, powers, limitations, and authority of County government and the County
Attorney's office.
Legal principles and practices, including civil, criminal, constitutional, and adrninlstratlve law and
procedures.
Ordinances, statutes, and court decisions relating to public corporations.
Judicial procedures and rules of evidence.
Methods of legal research at State and Federal levels.
Established precedents and sources of legal reference applicable to county activities,
Assist those contacted in the course of work in an effective, efficient and professional manner.
!tem No. 9K
J~Jne 12. 2::107
?CJ]eoof7
ADDITIONAL FUNCTIONS
Perform related duties as assigned.
MINIMUM QUALlFIECATIONS
Any combination of experience and training that would likely provide the required knowledge and
abilities is qualifying. A typical way to obtain the knowledge and abilities would be:
Experience:
Ten years of responsible professional legal experience, preferably including trial experience; or
five years of increasingly responsible professional legal experience in county or other
governmental law.
Experience preferred in governmental litigation at federal as well as state level.
Trainina:
A Juris Doctorate from an accredited law school.
License or Certificate
Membership in the State Bar of Florida required.
Membership to, or the ability to, within a reasonable period time, become a member of, the Middle
Federal District of Florida.
PERFORMANCE APTITUDES
Data Utilization: Requires the ability to synthesize and integrate data for predicting, anticipating,
and planning for future events irnpacting the organization. Includes determining strategic and
tactical decisions at the highest organizational levels of authority and responsibility. Requires the
ability to analyze a wide variety of legal issues and provide thoroughly researched clear, concise
responses utilizing appropriate, acceptable legal principles and practices, including civil,
constitutional, and administrative law and procedures.
Human Interaction: Requires the ability to function in an attorney / counselor capacity for a major
organizational unit requiring significant internal and external interaction.
Eouioment. Machinery, Tools, and Materials Utilization: Requires the ability to operate,
maneuver and/or control the actions of equipment, machinery, tools, and/or materials used in
performing essential functions.
Verbal Aptitude: Requires the ability to utilize legal, consulting and advisory data and information,
as well as reference, descriptive and/or design data and information as applicable.
Mathematical Aotitude: Requires the ability to perform addition, subtraction, multiplication and
division; ability to calculate decimals and percentages; may include ability to perform
mathematical operations involving basic algebraic principles and formulas, and basic geometric
principles and calculations.
Functional Reasonino: Requires the ability to apply principles of legal, logical or scientific thinking
to implement both intellectual and practical relationships. Involves responsibility for consideration
and analysis of complex legal and organizational problems of major functions.
.
Agenda Item No. 9K
June 12. 2007
Page 7 of 7
Situational ReasoninQ: Requires the ability to exercise judgment, decisiveness and creativity in
critical andlor unexpected situations Involving moderate risk to the organization.
Leadership:
Customer Service:
Financial Accountabilitv:
ADA COMPLIANCE
Phvsical Abilitv: Tasks require the ability to exert light physical effort in sedentary to light work,
but which may involve some lifting, carrying, pushing andlor pulling of objects and materials of
light weight (5-10 pounds). Tasks may involve extended periods of time at a keyboard or work
station.
Sensory Requirements: Some tasks require the ability to perceive and discriminate sounds and
visuai cues or signals. Some tasks require the ability to communicate oraiiy.
Environmental Factors: Essential functions are regularly performed without exposure to adverse
environmental conditions.
Collier County is an Equal Opportunity Employer. In compliance with the Americans with Disabilities
Act, the County will provide reasonable accommodations to qualified individuals with disabilities and
encourages both prospective and current employees to discuss potential accommodations with the
employer.
EXECUTIVE SUMMARY
Agenda Item No. 9L
June 12, 2007
Page 1 of 11
APPOINTMENT OF MEMBER(S) TO THE COLLIER COUNTY COASTAL ADVISORY
COMMITTEE
OBJECTIVE: To confirm the appointment of a member representing the Naples City Council
to serve a 4 year term, expiring on May 22,2011, to the Collier County Coastal Advisory
Committee.
CONSIDERATIONS: The Collier County Coastal Advisory Committee had I tenn expire
on May 22, 2007. This 9 member committee was created by Ordinance 2001-03 to assist the
Board of County Commissioners with its establishment of unified beach erosion control and inlet
managemGnt programs within the unincorporated and incorporated areas of Collier County, and
to advise the Board of County Commissioners and the Tourist Development Council (TDC) of
project priorities with respect to funding sources that are available to Collier County for
restoration and protection of its shoreline. The committee is composed of 3 members from the
unincorporated area of Collier County, 3 members [rom the City of Naples and 3 members from
the City o[Marco Island. Selection for membership on this committee will be based upon the
applicant's familiarity with coastal processes, inlet dynamics, coastal management programs, or
demonstrated interest in such programs; relevant education and experience; leadership and
involvement in community affairs; and willingness to attend meetings and to unde11ake and
complete assignments. After initial appointments, terms will be 4 years. A list of the current
membership is included in the backup.
The term for Ronald M. Pennington expired on May 22, 2007.
CITY OF NAPLES: David Buser
FISCAL IMPACT: NONE
GROWTH MANAGEMENT IMPACT: NONE
RECOMMENDA TION: That the Board o[ 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: JUNE 12, 2007
""-
Page 1 of
t;)8ndiJ Il~ml
JI~'18 ; 2.
~-':1;J(', ;,
COLLIER COLNTY
BOAf~D OF CQUIHY COMMISSI(nlt3~S
Item Number:
Item Summary;
Meeting Dale:
::L
PP'JIn 'nnrl~ oj 111"1111,8' 1.<:: th~ Cell,"1 County Co,',st"f ,\(ivl,;nry CGrr );\,tlee
t'ue DC: '\[;1
Prepared R~'
SU(! Fit~on
EX()(;lltiVC" 1::J"~9"" 1C ti1~ Bce
DJ!e
BDard 01 County
Commlss,oners
8CCOff,ce
Approved Uy
JJrn()sV. Mudd
COU:1t} f:a"~g()r
D~,(?
Bo,lrdofCounty
Commissioners
COUllty M"nag"r'~ Ofnco
&/<;/20074,09"M
eG/eG/2ee7 e9:31
2392131 e25
CITY CLERK
PAGE e1
!-\jsnda 112lTl No. 9L
,iuneI2.2D07
Pa;J8 3:)f 11
OFFICE OF CITY CLERK
June 6, 2007
TRANSMITTED VIA FAX
Sue Filson, Executive Manager to Bee
Board of Collier County Commissioners
3301 East Tamiami Trail
Naples, FL 34112-4971
Dear Sue:
Attached is a copy of Resolution 07-11644 endon;ing the appointment of David Buser as
the City's representative on the Collier County Coastal Advisory Committee, It was
enacted at today's Clty Council meeting. I will send you a signed copy when it is
available. I have also included his reswne and application as indicated in the resolution.
Sincerely,
QA~~
fes:~- ~. -Rosenberg
Deputy City Clerk
FACSIMIL,E (Z~Ii) Z13-10ZS TELEPHONE (239) 213-1alS SlJNCOM7t7.101S
736 ElBHT'H SffiEET, SOUTH. NAPLES, FlORIDA 34102.8716
Visit u.s 011 the ~b at www.fl;:;lfJlc$80v.com
,
I'
85/85/2887 8S:31
2392131825
C ITV CLERK
PAGE 82
Agenda Item No. 9L
June 12, 2007
Page 4 of 11
"van"e Xlo... 26
X.eloing of 6/6/07
RSSO~VTIOW 07-~~6..
&. lU!lSOLtIT:rOIl ZIlIlORSXIIG A CAIIXlXDATB TO UPRIISIIN'1' T1III CXTY 01' NAPLB8 011 TH8
COI.L:EBR COVJ1'rY COAS'l'AL ADv:rooaY COIOIXT'1'BB, DXRIICTu.Q 'rIrAT Tml
APPLXCATION/JtBSIJ1d SlJIIID:T'1'J:1l BY SAID CAJlDXDATB B. 70RlIAIUlBD 0'0 'l'mI BQAJU) 07
COLLXBa COURTY COMNXBSX~R8, &SD PBOV1DXBG AM Br7KCTIVB DA~.
WKlUur:AS,
the four year term of Ron
representative on the Collier
expire~ on May 22. 2007; and
pennington as a City of Napleo
County coastal Advisory Committee
'NDllaa.s,
pursuant to Section 2 -402 of the Code:
Naples haa conducted a recruitment
ascertain qualified candidateGi
of Ordinances,
and interview
the Ci ty of
process to
"OW, TK&UroRII. 118 IT IUIS0LVJ:D BY TUB COtlJICXL or THB CITY or IU.PLBS. PLORIO&.,
Section 1.
That David Buser i~ hereby endorsed for appoinement as a City of
Naple-s representative on the Collier County COAstal Advisory
Committee.
S.c::t:iOD 2.
The Ci t.y Clerk is
along with the
candidaee. to the
consideration.
hereby directed to forward this resolut.ion,
application/r~sum6 of the above referenced
Board of Collier County commissioners for its
S.ctiOA 3.
This reuolut1on shall take effec~ immediately upon adoption.
PASSBD X~ OP" AHD RBGOLAR S.SSXO. or TUB CXTY COu.cIL or TUB C:tTY or HAPLBS.
PLOR IDA , TBXS 6'r11 CAY OP JtIJlII, ~007.
Bill Barnett, Mayor
Attest ~
Approved as to form and le9ali~y:
Robert D. Pritt. City Attorney
Tara A. Norman. City Clerk
.:\RZ'\~IL\REB\a007\07-116..
Date filed with City Clerk,
06/06/2007 0g:31
23g2131025
CITY CLERK
PAGE 03
[},"1on:-l.,~. ~ I.Jom NO... .ClL
RECEhfcED2l07
Paqe 5 of 11
APR - t' 2007
~
~
Name
City .r N.,...
Application for Volunteer Service
a~/ .I/q~,,- HomePhone :?.J9'-..Jhf-fP$
=-:"';;;;1j;:t~.vAte F~;:;~~:7;~.r
/P7,4 Business Phooa #"$
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CITY CL811lK
BWlincss
BusiulIIl Address
/rt#
Board or Committee Applied For L
Member CateSOJ")' (ihpplic;able)
What other volunl.eer poaidolla are you inlcrcstod in?
Collier County Coastal Advisory Committee
d
.
Are you a City resident? J't!!./ lrso, how long? / ~ Regifl.ered vocer? /8_ f
Do you now hold public o~ce? ~ If so, whet i.lhal of'liOe7 ~/A
Arc you employed by the: City of NaplCl or any 0Ihcr 10",,_4001 body? /?~
Are you related to anycme employed by the City oCNaples? AL:1
Please list IUlY C~~les boards or committees on whic:h you "'WI nrevioualy llCl:Ved:
Please UwIicalc any City of Naples board or committee on which you eunently aervc:
/JbA"-
Do you .ervc on a board or commiftlcc of Collier CoUllI)' or other sovcrnment? /} d
If so, what is that board or~?
Please list yw ~ty aetivitics (civic Ql~ acillhborhood ~lItIOIlll' etc, )
/"~J r s'~~ I. ~--~ur'OI rn~ ...
c7:
1'1_ _elt YfJI" ,a_ 11II" ,..vIM._ ._ .... ..,..,
D,/ . local _.",. ....... COUI CMI.fin- ~"'" #HIckll"""" .-
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J410U.,.," If,volI ..1$". ,-/u~' .,Ur~'" N> ",_
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...U,-.-.. ,... 01"'""" '" ,_, <_II/q.
PIoooIe NoI., l\GIe "PlNd.d w City boonIs,
oummiu..'C. at ...1IlorI1lo. /IUIY ""t r._
otItitic. t>elOrc Cily SO_I ~. 0'
may aot do ~. with tho ell)', either direetJy
or iDdlIeetIy. A copy 01' tho CWy'. Code of
Elhi.. (Article IX of .. Code of 0rtIIn.0IIce.)
win be prcMded by tile City Clerk-. OIl'ice lll>OlI
requosL 1'..... ""n 239-2U-IOI~,
=.~""""""_""""ieao<.w;dt:__~ Ai,..~::Z' ~. ~.. 6-:J.rr
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05/05/2007 0~:31 23~2131025
CITY CLERK
PAGE 04
Agenda ltem No. 9L
June 12. 2007
Page 6 of 11
Curriculum Vitae
David BUler, MDt MSt F.A.C.O.G.
December, 2006
Washington Univenity St. LoWs, Missouri
Baehelors of Science 1985 Double Major Biology & PsycbolOlY
University orIDinoit Champaign Urbanamnois. Mastcn of
Science, Jan. 1988
Research: Performanco of receptor bindina assays analyzing effects of
cocaine on dopamine re-uptake in Vemral Tegmental and Nuc:leua
Accumbcns.
Research wu p8l't of a large project published by White et aI.,
analyzing etTecta of cocaine on neural reward pathways.
Southern Illinois UDiversity, Sprlncfteld Olinols, Doctor of
Medicine, 1992
St. Jobn. Mercy Medical Center, St. Louis Missouri, Residency
in Obstetrics and Gynecology, 1996
Publication: A Randomized Comparison Between Misoprostil and
Dinoprostone for Cervical Ripening and Labor Induction in PatWnts
With Unfavorable Cervices. Buser, MD, Mora, MD. Arieu, MD, PhD.
Obstetrics and Gynecology Vol. 89, No,.t. April, 1997,
Private Practice Obstetrics and Gynecology, Napl. Florida,
1996-2002.
Practice focused on Obstetrics and Oynecolo&ic aurgcry, with an
emphasis on advanced procedures for the tteatmcnt ofurirwy
incontinence.
Prior to injury, performed between 3().4() deliveries a month.
In the top 20 overall surgeons for numbers of cases at Naples
Community H08pital.
Zd ~(:Le 9ee~ ef 'urr
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BS/BS/2BB7 B9:31 2392131e25
C!TV CLERK
PAGE e5
118m No. 9L
JJn8 12. 20CJ7
P?Jge 7 uf i 1
Covered own call with one partner.
Current Unrestric:ted Florida LieeDSe ,lace 1'"
Board Certified Ameriean Board Obstetrics aad Gynecology,
certifted 1998-1008
Written exam passed 1996, first attempt.
Oral exam passed 1998, first lIltempt.
Junior Fellow American College Obl'etl'iel .ad Gynecology
1996.
Fellow American College Obstetrics and Gynecology, 1998-
present.
Medical Staff Naples Community HOlpitall996-200J
Vice Chairman, Department ofObttetries and Gyneeolo8Y
2001-2001.
President and Co-Counder, FoundatioD for WOlDen. Healtb
2000-1001
Private foundation established to provide free care to low income
patients without insurance for pr:enatal care and delivery services.
Organized a group ofloca1 ObIltet.ricians to provide care for the large
population of uninsured obstetric patients in Collier County.
Personally funded the staI1Up of the Foundation to entice other
physicians to participate.
Opened Foundation for Women's HealthcMe clinics at the public
health d~twC!lt in Naples and at the hospital clinic in the inland
community of hnmokalee.
The: Foundation for Women's Health has provided care to tbol.ll8tlds
of obstetrics patients since ill inception, and now is actually
financially.upporting the priVIt.e practices oftbole ph)'Sicians
participating in the program.
[d Wt:1t7SZ :,-e gee~ 81 'uPf
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00/00/2007 09:31 2392131025
CITY CLERK
PAGE 06
Agenda Item No. 9L
June 12, 2007
Page 8 of 11
Member, ADlerieaD Medical Association
Member, Florida Medical Auoeiation
Suffered aa:ident in 2002 which severed 100% ofVInar nerve and
70"/0 ofMeclim nerve riaht proximal forearm. After 2 years of
extensive physical therapy, officlally classified II disabled from
practice of Obstetrics ancl Gynecology.
Despite injury, Florida License bas been matotained and is
eurrently aetin.
Medleal licente status and history o( DO dileiplinary .diODS
takeD acainst my license can be verifted oaline at
myflorida.com by searc:biDg medical professionals by Dame.
I'd .Itl~ :L0 ~ at 'u"I
'ON >.1::1..
: wo~,!
;\;:.anda ItEm ~Jo. 9L
.!Uil8 12 20(;7
P8J8 gaf 11
/"r
I Collier County Coastal Advisory Committee
Name Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndE>.pDate 2nd Term
Mr. Anthony P. Pires, Jr. 649-6555 OS/22/01 OS/22/05 4 Years
209 Madison Drive 05/1 0/05 OS/22/09 4 Years
Naples, FL 34110
E-Mail: apires@wpl-lega1.com
District: 2
Category: Collier County
Ms. Heidemarie Kulpa 777-2594 09/21104 OS/22/07 3 Years
766 Wiggins Bay Drive 566-8389 05/08/07 OS/22/11 4 Years
Naples, FL 34110
E-Mail: HeidiKulpa@msn.com
District: 2
Category: Collier County
Mr. Maurice James Burke OS/22/07 OS/22/11 4 Years
C 5801 Glencove Drive, #508 598-3140
Naples, FL 34108
E-Mail: therightperson@msn.com
District: 2
Category: Collier County
Mr. Ronald J. Minarcini 05/1 0/05 OS/22/09 4 Years
4000 Royal Marco Way, Apt. 927 393-0615
Marco Island, FL 34145
E-Mail: rminarcini@ao1.com
District: I
Category: Marco Island
Councilman E. Glenn Tucker 394-5151 04/1 1106 OS/22/07 I Year
800 Chestnut Court 394-5708 05/08/07 OS/22/11 4 Years
Marco Island, FL 34145
E-Mllil: friartuck3725@cs.com
District: 1
Category: Marco Island
( "n. ...:..:.W _._.:"_. . _.. _,._,..._...".._ .---
~--- WednestUly, May 23, 2007 Page 1 of3
---._-
----..-,""'11"',....."
Aaenda Item No. 9L
" June 12. 2007
Page 10 of 11
Collier County Coastal Advisory Committee
Name Work Phone Appt'd E\.p, Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
l\1r. Paul W. Sullivan 06/08/04 OS/22/08 4 Years
1330 Caxambas Ct. 393-9125
Marco Island, FL 34145
E-Mail:
District: I
Category: Marco Island
Mr. Murray H, Hendel 05/11/04 OS/22/08 4 Years
4301 Gulf Shore Blvd., N. 262-0738
Naples, FL 34103
E-Mail: murrp2h@aol.com
District: 4
Category: City of Naples
Mr, Ronald M, Pennington OS/22/0 I OS/22/03 2 Years
3430 Gulf Shore Blvd., N., Unit 2F 263-6935 02/10/04 OS/22/07 4 Years
Naples, FL 34103
E-Mail:
District: 4
Category: City of Naples
Councilman John F. Sorey, III 213-1015 03/09/04 OS/22/05 I Year
735 Eighth Street, South 05/1 0/05 OS/22/09 4 Years
Naples, FL 34102
E-Mail:
District: 4
Category: City of Naples
(.
- . ~ -""O';~..'.':r'.'.'''':;'-'',''
Wednesday, May 23, 2007
,'..,.'.
Page 2 af3
(
(
(
, "
Item No. 9L
J ne 12 2007
P?~e 11 ,Jf 11
Collier County Coastal Advisory Committee
Name
Work PhO/,e
Home Phone
Term
2nd Term
Appt'd
DateRe-appt
Exp, Date
2ndExpDate
This 9 member committee was created on February 13, 2001 by Ordinance 2001-03 to assist the
Board of County Commissioners with its establishment of unified beach erosion control and inlet
management programs within the unincorporated and incorporated areas of Collier County, and
to advise the Board of County Commissioners and the Tourist Development Council (TOG) of
project priorities with respect to funding sources that are available to Collier County for
restoration and protection of its shoreline. The committee is composed of 3 members from the
unincorporated area of Collier County, 3 members from the City of Naples and 3 members from
the City of Marco Island. Selection for membership on this committee will be based upon the
applicant's familiarity with coastal processes, inlet dynamics, coastal management programs, or
demonstrated interest in such programs; relevant education and experience; leadership and
involvement in community affairs; and willingness to attend meetings and to undertake and
complete assignments" After initial appointments, terms will be 4 years.
City of Naples- 213-1015
Marco Island - 389-5000
FLSTAT:
Staff: Gary McAlpin, Tourism Office: 530-5342
Wednesday, M~;: 23,2007
Page3 of 3
.,.
il,genda Item No.1 Oil,
June 12. 2007
F'age 1 of 24
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approve the stated recommendations
relative to the Job Creation Investment Program, the Advanced Broadband Infrastructure
Investment Program, the Property Tax Stimulus Program, and the Fee Payment Assistance
Program for each of the Board approved applicants.
OBJECTIVE: Recommendation that the Board of County Commissioners (BCe) approve the
following recommendations for each previously BCC approved economic incentive applicant relative
to the Job Creation Investment Program, the Advanced Broadband Infrastructure Investment Program,
the Property Tax Stimulus Program, and the Fee Payment Assistance Program.
CONSIDERATIONS: On November 18, 2003, the BCC adopted Ordinance No. 2003-59, which is
Code of Laws Chapter 49, Article V, establishing the Advanced Broadband Infrastructure Investment
Program; Ordinance No. 2003-60, which is Code of Laws Chapter 49, Article III, establishing the Job
Creation Investment Program; Ordinance No. 2003-61, which is Code of Laws Chapter 49, Article II,
establishing the Fee Payment Assistance Program; and Ordinance No. 2003-62, which is Code of
Laws Chapter 49, Article IV, establishing the Property Tax Stimulus Program. The programs are
available to targeted companies that desire to relocate or expand within specified areas of Collier
County and are designed to reduce the economic effects of increased development fees as well as
relocation and/or expansion costs and to diversify our economy. The Programs have specific
.~ eligibility requirements including the number of full-time jobs to be created and retained, tbe average
wage of the jobs, timing of the jobs being in place and the type of business being proposed.
Staff presented the Annua] RepOli of the four economic incentives at the regularly scheduled
December 12, 2006 BCC meeting and the board unanimously voted to accept the repOli. However,
Commissioner Henning requested that certain non-responsive companies be removed from the
progran1s and that the BCC take this action given the BCC initially approved the companies' requests
to participate in these programs. The BCC also stipulated this requirement in their vote as shown in the
attached minutes.
The attached company summary identifies each of the current approved thirteen applicants and is in
the same sequence as the table below. The summary provides the specific incentive program(s) the
BCC approved for each of the companies, the value of those incentives, the current status of the
applicant, and staffs recommendation of BCC action for each of the applicants. The requested actions
are as fo nows:
c-
COMPANY RECOMMENDED BCC ACTION
March Perfom1ance Audit verifies 40 jobs created above required average wage.
Recommend approval of $40,000 incentive.
Radiology Regiona] Center, PA Audit revealed investment decision made prior to BCC
approval. Recommend removal from qualification.
Audit confinns 20 jobs created above required average
wage. Recommend approval of job creation extension and
Advocate Aircraft Taxation Company approval of request to be removed from Property Tax and
Broadband incentives.
Guadalupe Center Recommend aPlJrova] of annlicant's request to withdraw
from the Broadband incentive and approve theiJ'~~~~e'~t~W~
Job creatIOn extensIon oftnne.
Recommend the applicant be required to reapply to the
BCC for incentives approval. Applicant tS 8 months
Mobile Internet Technology delinquent in obtaining building permit, failed to create 36
jobs by Dec. 3], 2006 and complete Broadband by Sept.30,
2006.
Nap]es Diagnostic Imaging Center, Ltd. Recommend approval of applicant's request to be removed
from the Broadband program.
Audit revealed broadband expenditures made pnor to
NCH Healthcare System application date to BCC which IS prohibited by the
ordinance. Recommend removal of NCH Healtbcare from
the Broadband incentive program.
Applicant IS ]8 months delinquent in plan submission.
Sano and Associates, Inc. Recommend removal of applicant from incentive program
and require reapplication to the BCe.
Hole Montes, Ine. Broadband records audited and agreement executed for
pavment. No BCC action requested.
Recommend approval of the applicant's request for a one
Training and Manufacturing Institute year delay in creating the jobs required by tbe Fee Payment
Assistance Program and approve the applicant's request to
be removed from the Job Creation Investment Program.
Recommend approval of the applicants request to extend
Salazar Machine & Steel, Inc. the Fee Payment Assistance and the Job Creation programs
as requested. SDP is in resubmittal stage.
Broadband costs verified u1rou"h audit. Recommend
<>
Pace Center for Girls approval of the applicant" s request for Job Creation
extension of time and reduction in the number of jobs
created.
Lucy Hair Design Recommend approval of applicant's request for a one year
extension of time to create the required jobs.
Aaenda Item NI) 10A
FISCAL IMPACT: The only incentive to actually have payouts this liscal year is the Fee Payment
Assistance Program. The total payouts from this program will not exceed $608,842, well within this
year's total incentive budgct of $] ,488, I 00.
GROWTH MANAGEMENT IMPACT: The Economic Incentive programs are consistent with the
Economic Element of the Growth Management Plan, specifically Objcctive 1.3 that states: "Collier
County will support programs which are designed to promote and encourage thc recruitment of ncw
industry as well as the expansion and retention of existing industries in order to diversify the County's
ecoDOlnic base."
LEGAL CONSIDERA nONS: The applications for the projects above have prcviously been
determined to meet the applicable program requiremcnts set forth by Chapter 49 of the Collier County
Code of Laws and Ordinances, as a Targeted Industry expanding within Collier County.
."<genda Item No.1 0."<
RECOMMENDA nON: That the Board of County Commissioners approves the reeb~f,-ne:'Hj'ft;jl7
..c f h b . 1 d h , be' [ Ph. 3,,18301 .4
actIons lOf each 0 tea ove c011lpamcs re atc to t e. 0 reatlon nvestment rogram, t e Auvaneed
Broadband Infrastructure Investment Program, the Propeliy Tax Stimulus Program, and the Fee
Payment Assistance Program [or the incentive period through November 28,2006.
Prepared by: Denton Baker, Director, CDES
Agenda 11em No. 10A
June 12.2007
Page 4 oi 24
STATUS OF ECONOMIC INCENTIVE APPLICANTS AS
OF MAY 2007
1. March Performance. Inc.
a) Job Creation approved March 23, 2004 for 40 jobs over a three year
period with] 3 jobs to be created by September 30, 2006.
b) Tota] value of incentive: $40,000
c) Status:
i) Audit verified all forty jobs created above the required average
wage of$54,570 as of March 3], 2007.
d) Requested Board Action:
i) Approve the creation and incentive payment for the forty positions
created by March 3], 2007.
2. Radiologv Regional Center. P A
a) Broadband approved June 22,2004
b) Total value of incentive: $25,000
c) Status:
i) Audit revealed their broadband investment decision was made
prior to application approval by the BCe. This is contrary to the
ordinance, thus their incentive award is denied.
d) Requested Board Action:
i) Approve removal of Radiology Regional Center from the
Broadband Incentive Program.
3. Advocate Aircraft Taxation Company
a) Broadband, Property Tax, and Job Creation approved December 14,
2004.
b) Total value of incentives; $225,400
c) Status:
i) Application required 20 jobs by December 31, 2005, 15 jobs by
December 31, 2006, and 25 jobs by December 31, 2007.
ii) Audit verified applicant created 20 jobs exceeding the required
wage of $62,000 by December 31, 2006.
iii) Applicant is requesting that the job creation deadlines be delayed
by one year due to company relocation delays beyond their control.
DBaker
5/21/200711 :30:54 AM
Agenca Item NO.1 O.A
cluliG ~2. 2DD?
P2ige 5 of 24
iv) Applicant has also requested to be removed from the Property Tax
and Broadband programs.
d) Requested Board Action:
i) Approve the requested delay in the job creation program by one
year to December 31, 2006, December 31, 2007 and December 31,
2008.
ii) Approve the removal of Advocate Aircraft from the Property Tax
Stimulus Program and the Broadband programs.
4. Guadalupe Center
a) Job Creation, Broadband, and Fee Payment Assistance approved by
the BCC on January 25,2005.
b) Total value of incentives: $173,999.
c) Status:
i) Fee Payment Assistance Program paid $73,999 of impact fees.
ii) Audit verified applicant created five jobs at a wage exceeding the
required 50% of the average wage by December 31, 2005 as
required by the Fee Payment Assistance Program.
iii) Applicant is requesting that the Job Creation timeline be extended
such that all qualifying twenty-five jobs can be created by
December 31, 2009 rather than the now required 8 by December
3],2005, 13 by December 31,2006, and 4 by December 3],2007.
iv) Applicant requests to be removed from the Broadband Program.
d) Requested Board Action:
i) Approve the job creation time extension requested by the applicant
and remove the applicant from the Broadband Program.
5. Mobile Internet Technologv
a) Job Creation, Broadband, and Fee Payment Assistance approved by
the BCC on June 14,2005.
b) Total value of incentives: $472,7] 1.
c) Status:
i) Applicant committed to pull building permit by September 30,
2006, have Broadband completed by September 30, 2007, and
have 36 new jobs created by December 3], 2006, 24 by December
3],2007, and 33 by December 31,2008. The applicant's SOP has
been rejected 4 times as of May ] 0, 2007 with the latest review
having 3 departmental rejections.
DBaker
52],,'200711 :30:54 AM
I'
Agenda Item No.1 OA
June 12, 2007
Page 6 of 24
d) Requested Board Action:
i) Consider the applicant's approved request void due to delinquency
and require the applicant to resubmit application for Board
approval with current information.
6. Naples Diagnostic Imaging Center. Ltd.
a) Broadband incentive approved by the BCC on June 14,2005.
b) Total value of incentive: $50,000
c) Status:
i) Applicant has requested to be removed from this program.
d) Requested Board Action:
i) Approve the removal of this applicant from the Broadband
program.
7. NCH HeaIthcare System
a) Broadband incentives approved for three locations by the BCC on
July 26, 2005.
b) Total value of incentive: $75,000
c) Status:
i) Audit revealed their broadband expenditures were made prior to
application date in violation of the ordinance, thus their incentive
awards are denied.
d) Requested Board Action:
i) Approve removal of NCH Healthcare System from the Broadband
Incentive Program.
8. Sano and Associates. Inc.
a) Job Creation, Broadband, and Fee Payment Assistance approved by
the BCC on July 26,2005.
b) Total value of incentives: $511, 5800,
c) Status:
i) The applicant's approved application stated construction would
begin by December 1, 2005 with a completion date of December 1,
2006. 24 jobs were to be created by December 31, 2007, 20 by
December 31, 2008, and 19 by December 31, 2009.
ii) Applicant has not submitted plans.
DBakcr
5.''21/200711 :30:54 AM
,b,'::J-2rlrJa item No.1 OA
- June i 2 2007
Page 7 of 24
d) Requested Board Action:
i) Consider this approved application void due to delinquency and
require the applicant to resubmit application for Board approval.
9. Hole Montes. Inc.
a) Broadband Incentive approved by the BCC July 26, 2005.
b) Total value of incentives: $25,000.
c) Status:
i) Applicant audited in February 2007.
ii) Records in order, agreement executed and recorded for three
payments each year beginning in October 2007.
d) Requested Board Actio/,:
i) None
10. Traininl! and Manufacturinl! Institute
a) Job Training and Fee Payment Assistance approved by the BCC July
26,2005.
b) Total value of incentives: $245,684.
c) Status:
i) $185,684 of impact fees paid on behalf of the applicant
ii) Project CO'd April 23, 2007.
iii) Must create five jobs by December 31, 2007 to qualify the Fee
Payment Assistance
iv) Job Creation Application stated 5 jobs to be created by December
31,2006 and 15 jobs by December 31,2007.
v) Applicant has requested that all five jobs related to the Fee
Payment Assistance Program be delayed one year from December
31, 2007 to December 3 I, 2008 and also request to be removed
from the Job Creation Investment Program.
d) Requested Board Action:
i) Grant the one year extension to the Fee Payment Assistance job
requirement from December 31, 2007 to December 31, 2008 and
approve the requested withdrawal from the Job Creation
Investment Program.
DHah:r
5/21''2007] I :30:54 AM
,
Agenda Item No.1 OA
June 12, 2007
Page 8 of 24
11. Salazar Machine and Steel, Inc.
a) Fee Payment Assistance and Job Creation application approved by
the BCC September 27,2005,
b) Total value of incentives: $146,000.
c) Application stated that construction of the project was to begin in
2006 and also be in operation in 2006, The application stated 5 jobs
were to be created by December 31, 2006, 5 by December 31, 2007,
and the last 5 by December 31, 2008.
d) Status:
i) SDP submitted April 24, 2007 for first review.
ii) Applicant has requested an extension of time for the Fee Payment
Assistance Program with occupancy not later than May 31, 2008
due to uncontrollable delays.
iii) Applicant has correspondingly requested a one year extension of
time to create the 15 jobs as follows: 5 jobs by December 31,2007,
5 more by December 31, 2008, and the final 5 by December 31,
2009.
e) Requested Board Action:
i) Approve applicant's request for extension of time.
12. Pace Center for Girls
a) Job Creation and Broadband incentive programs approved by the
BCC on October 11,2005.
b) Total value of incentives: $49,000.
c) Application stated expansion project to be completed by June 2006
with 5 new jobs created by December 31, 2006, 1 by December 31,
2007, and 2 new jobs by December 31,2008.
d) Status:
i) New building CO'd April 3, 2007
ii) Applicant has requested to change the 5 jobs to be created by
December 31, 2006 to two jobs by December 31, 2006, 3 jobs by
December 31,2007, and one job by December 31,2008.
iii) An audit of broadband costs has been completed and the applicant
has satisfactorily met the requirements for the $25,000
reimbursement.
e) Requested Board Action:
i) Approve the extension of time requested by the applicant.
DBaker
5/21/200711 :30:54 AM
/,Ci2nda item i~o. 10.1\
~ June 12, 2D07
Page 9 of 24
13. Lucv Hair Design
a) Fee Payment Assistance and Job Creation approved by the BCC
November 29, 2005.
b) Total value of incentives: $36,078,
c) Application stated construction was to begin in December 2005 and
completion in February 2006. Three new jobs were to be created by
December 31,2006 and 2 more jobs by December 31,2007.
d) Status:
i) SOP approved in December 2006.
ii) Fee Payment agreement executed and recorded.
iii) 50% of Road Impact paid in the amount of $4,71 0.75.
iv) Applicant has recently changed general contractors and no plans
have been submitted.
v) Applicant has requested a one year extension of time to create the
first 3 jobs by December 31, 2007 and the remaining two jobs by
December 31, 2008.
e) Requested Board Action:
i) Approve the applicant's request for an extension of time to
December 3], 2007 and December 31,2008.
D]-j(lkcr
521200711 :30:54 AM
Agenda Item 1'0. 10A
June 12. 2007
Page 10 of 24
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May 1, 2007
Denton Baker
EDC
Horseshoe Drive
Naples, FL 34104
Re: Request for Extension of Time for Job Creation Grant
Dear Mr. Baker:
Based on the fact that we couldn't move into our new office space until December of2005, we
are hereby requesting an amendment for an ex:tension of time to the job creation grant reflecting
jobs created in the years 2006, 2007 and 2008. We have established lUld proven the creation of
20 jobs in 2006. We are on oourse to have 15 additional jobs in 2007 and are anticipating 25
additional jobs in 2008,
Secondly, we also would like to vvithdraw the Broadband Infutstructure Grant l!Ild Property Tax
Stimulus Incentives.
Thank you.
Sincerely,
Mark Meiners, PHR
Director of Human Resources
Advocate Consulting
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3073 H~ I>riv< _ Suite 210. Napk..,P'L 34H)4
(888) 325-1942. Far (239) 213-(;689
March 12, 2007
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11 of 2L1
Mr, Denton Baker, Director
Collier County Housing and Grants Section
2800 N, Horseshoe Drive
Naples, FL 34104
Dear Denny,
Your recent audit shows that the Guadalupe Center met the requirements for the
Fee Payment Assistance Program by creating five new jobs at the required
wages by 12/31/05.
The application for Broadband Infrastructure was withdrawn as Time Warner
advised us that the cost to operate the system would be in excess of $1,000 per
month, and Guadalupe Center determined that it would be cost-prohibitive for
us.
The Job Creation application required that we have 21 jobs created by 12/31/06
at the required wage. This was based on the Phase II construction being
completed in 2006. Because of mold problems that were discovered, and
because of structural issues with the existing building, the Board of Trustees
voted at the June 2006 meeting to demolish the existing building and construct a
new facility in its place. The original plan called for five additional classrooms in
the existing building. The new facility will have eight additional classrooms,
Even though the second phase of construction has not begun, we have already
created 13 of the 25 positions required. We will need a minimum of two
teachers in each of the new classrooms so that means at least 16 jobs will be
created once Phase II construction is completed, So, not only will we meet the
original total of 25 new positions but we will create at least 4 more positions.
We understand that we have missed the 12/31/06 deadiine for positions to be
created, but ask that you and the Board of County Commissioners grant us a
postponement due to changes in the original plan. We now anticipate that the
positions will all be created by 12/31/09,
Thank you for your consideration. Please contact us if you need additional
information.
S~~ erely,
, I' ,.,
. \ ,.
~~ V\ 'Gu~~,
Stanley H.~oynton, '~sident!CEO
The Guadalupe Center of Immokalee
509 Hope Circle. Immokalee, FL 34142.239.658.1999. Fax 239.657.7712. '\.\'ww.guadalupeccnter.net
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Agenda Item r~o. 10.L\
,June 12. 2007
Page 12 of 24
March 6, 2007
Collier County Housing and Grants Section
2800 N. Horseshoe Drive
Naples, FL34104
Attn: Mr. Denton Baker, Director
Dear Denny:
In 2005, we met with Time-Warner to discuss the installation of the broadband
infrastructure. Because it would be cost-prohibitive for us to maintain on a
month-to-month basis, we would like to formally withdraw our application for the
Broadband Infrastructure Investment Program.
Sincerely,
(jfoUJ
Gloria Crosby, CFO
The Guadalupe Center of Immokalee
509 Hope Circle. ImmokaJee, FL 34142.239.658,1999. F:n: 239.657.7712. www.guadalupecen.er.ne.
It!::rn 1',10. 10A
J~!ilC:; 12. :::JG7
13 ,of 24
TMI
Training and Manufacturing Institute, I ne
T radeport T echllo logy Park
2050 Commerce Ave
1mmokaIee, FL 34142
May 7, 2007
Mr.Dcnton Baker, Director
Community Development and Environmental Services Division
Collier County
2800 N. Horseshoe Drive
Naples, FL 34104
Subject: TM1, 1mmokalee FL: Project pemnt # 20060] 2863
]. Ex1ension Request: Agreement for Fee Payment Assistance, 2/1 0/206
2. Job Creation Incentives: Economic Stimulus Program
Dear Mr. Baker,
I. I would like this letter to be our formal request to eJ..iend the job creation
timeline of our contract, as stated on page two (2) "A minimum of five new jobs
will be created aIld retained as a result ofthis project;" - by December 2007. We
have invested a substantial amount of time and over $3,000,000 in building
costs to complete the Construction Phase (C of 0 April 24, 2007) of our project.
And we are now proud to 52Y that we received our Certificate of Occupancy on
April 23, 2007, albeit our occupancy is eight months later than our planned date
in September 2006.
Our time and dollars now need to focus on bring jobs and business h'1tO
lnunoka1ee. This will take tinle. We are not in violation of our present
agreement: however, with only 30% of our spaces leased and our occupancy
eight il10nths delayed, Vie are requesting (hat the job creation requirement of our
agreement bc extended one year to December 31. 2008.
2. Our Job Creation Incentives as out lined in our" Economic Stimulus Proi,,'l"am"
Appli,'ation, dated May 4,2005 is no longer realistic, since it calls for jobs to
be in place by December 31, 2006. Therefore we would like to make a formal
request to vl"ithdraw or current request for the Job Creation Investment
Progrmn, but rctain our privilege to reapply, for future Job Creation Incentives
when there is a future opportunity.
Agenda Item No.1 OA
June 12,2007
F'age 14 of 24
Our original Mission Statement and a picture of our completed building is
enclosed.
We are grateful for your consideration and the Board of Count Commissioners'
consideration of our request.
P:e!Y! If ~~
~)b".if:l",'[Y.0
:J';"'V:~J. ~'?
,..j",LlJl,,,l
cc. Susi Winchell@ EDC
Ij~rriNo.10~
.1:'1:,8 ~2, 20CJ7
15of:?4
150 Airpark Blvd., #109 I Immokalee, FL 34142 I P: (233) 557-2325 I F: (239) 658.2513
May 17, 2007
Mr. Denton Baker, Director
Community Development and Environmental Services Division
Collier County
Naples, FL 34104
O"ar Mr. Baker,
The Board of County Commissioners approved our application for the Fee
Payment Assistance Program and the Job Creation Investment Program
on September 27, 2005. It was our original intention to occupy our new
building at the Immokalee Regional Airport in 2006 and to create five
jobs by December 31, 2006, five by December 31, 2007 and the final five
by December 31, 2008.
Development at the Immoka!ee Regional Airport h"d to be put out to
competitive bid because of a requirement within Florida State Statues
governing County owned Airports. This unanticipated delay took
approximately eight (8) months,
Our site developer, URS Corporation, was developing two other companies
at sites located at the Immolcalee Regional Airport. The three projects
had to be grouped together within the same SDP because only one SDP
amendment can be submitted at a time. Unfortunately. the other two
compani,:=s have since backed out of their development plans at the
Airport. This significantly delayed the overall project. Other delays
involve panther mitigation and water management
\\'e are requesting an e>:tension of time for the Fee Payment Assistance
Program to occupy OUf new building not-later-than l/;2Y 31, 2008 and to
extend the job creation ti:-nelrne by one year to December 31, 2007, and
2008, and 2009.
I
I
jI,aenda Item No.1 OA
" June 12, 2007
PEige 16 of 24
These incentives are a very important part of our fiscal plan to expand
our business. We are presently operating in two locations with limited
space requiring us to operate outside and incur weather delays,
especially during the rainy season. Our new facility will allow us to
become more efficient and to continue our growth, thereby creating more
jobs for our Immokalee community,
Thank you for your approval of this request.
Sincerely,
v~~~
Pete Salazar III
President
Copy:
Tammy Nemecek, me
May 7, 2007
,..... '........'...~."......<l!..i'..i....>;;rr.w:.'".:.
ftjI-e
~~'g in girls
f~gsrJ(Ja li.?:n I~o. lOA
,IU:18 12, 2007
Po:-"ge 17 .)f 24
Collier County Commissioners
3301 E. Tamiami Trail
Naples, Florida 34112
Dear Commissioners,
PACE Center for Girls, Collier at Immokalee was approved by the County
Commissioners in 2005 for the Economic Stimulus Program in Job Creation credits and
Broadband Infrastructure incentives, When PACE applied for the program, we were in
the process of permitting a new facility located at 160 N. First Street in IrnmokaJee. I
would like to give you an update as to the status of our project and request an extension
of time to create the jobs outlined on the original application.
PACE Center for Girls planned a new facility that went through a very thorough review
and Penuit process which took almost two years, We were issued our permits on March
29, 2006, Many of these delays were caused by revamping some products due to a
shortage of items after Hurricane Wilma. Construction is now complete and a Certificate
of Occupancy was issued on April 3,2007.
Due to the limited space in our old building, we could not add the five new positions we
had originally committed to, We were "maxed-out" in that facility. We did add two new
positions. Our new building does have Broadband which has allowed us to partner with
the Collier County Public Schools to have fiber optics, Invoices for the cabling are
included with this report.
I am requesting permission to alter my Job Creation by the following:
December 3 I, 2006- create 2 new jobs (Business Education teacher and Social
Services Coordinator)
December 31, 2007- create 3 new jobs (Academic Manager, Teacher and Cook)
December 31,2008- create 1 new job (Counselor)
This is a chan.ge fTOm my original application for 8 new jobs because I now feel L>,at with
Worker's Compensation and the cost of insurallce, we would do better contracting the
Janitor and Lawn Service jobs out to private companies instead of hiring full time staff.
Please advise if this meets your approvaL PACE is thankful for your support and truly
appreciates your assistance in mal;:ing our dreal'n of a new facility a reality. We would
like to invite you ,md all of the County starr to our Open HouselRibbon Cutting
ceremony on June 15,2007 at 11 :OOarn.
Sincerely.
,i.'!! .
'::'II\;.n",^ \.A/lIL(lO~,
/'... "",, \.' L:':"';"'<.)~QL...._ ,t r-'"-
'-'. hreasa Miller
~;;~:~:i;\'(: },:.'~:Ci::-;l
160 North 1" Street. Immokalee, FL 34142
tel: 239.657.2400 fax: 239,657.2409
www.pacecenter.org
.
65/11/2007 10:49
239557B3E5
FRONT DESK
Ms. Lucy Zuniga
33/ Adams Ave
fmmokalee, FT. 34f.12
Pho"I! (239) 657-5757
Fax (23<)) 657-8365
!z.c. IIt.~1i~.':om.
."..,....-- .~......._...._,._..,.
May 11, 2007
Collier COlIl/ly Gm'cmme1l1
SIIildlng Depar7/11ml
AI/II: Deml).' Baker
2800 Norlh Horseshoe Dr
Naples, l-L 34/04
To W'oom 1/ A4{!}~ ('o;u:eri1:
1 am rcquestifl~ all C!Xh!?tsfOt1/or fhe jon aeatjon prOWam. The reason
bdflt ihal my.mlon has /101 ""'on twill yol. r was having Ir01tble wirk 1M
general comraclor. He was moving Iou .rIm.' ami /101 doing Things righl.
TMr(fore. I am illfhe p:"ocess qf chtmging conlra..'"forsfmm Walco
CC!1Islnlcli('m, il/c.la CrccyC<"'SlnIcliol'1 &D!!Vc!opmenl, fllc. JWQlIidll'kc
10 hcn'e i( ,'X/ended "mil Decem""r 20C7. Hopef"Uy fry Iltcl'll will have
creafed three !U.~".i()hs, / really appn.:ciale YOU! working with me on ti'?t.f,.
Sincerely.
::9;~~r ;{/~)!~?d
Ms. Llfcy ZUlliga
Aaenda Item No. j OA
,~ PA~e ~l?~ig~07
Page 'I 8 of 24
Page 10U
/\:-:2il:38 iL::iTl f\J'J. l UA
~ Jc1il3 12 2'JC.;7
~ 9 elf .24
December 12-13. ~
THE JOB CREA nON INVESTMENT PROGRAM. THE
ADVANCED BROADBAND INFRASTRUCTURE INVESTME
PROGRAM, THE PROPERTY TAX STIMULUS PROGRAM,
AND THE FEE PA YMENT ASSISTANCE PROGRAM _
APPROVED W/STIPULA nONS
MR. MUDD: Commissioner, that brings us to 8 -- excuse me.
That brings us to a four o'clock time certain, and this is lOB.
This item to be heard at foW" p.m., December 12. 2006. Ifs a
recommendation that the Board of County Commissioners accept tf:
annual report on the activities related to the Job Creation Investmen
Program, the Advanced Broadband Infrastructure Investment
Program, the Property Tax Stimulus Progn:uI4 and the Fee Payme- <
Assistance Program.
Mr. Denny Baker, your director of operations for community
developments' environmental services, will present
Several commissioners asked why this was a four p.m. time certain.
had to do also with C- Tech, which has been continued now, which
was lOC, and it was because Ms. Tammie Nemecek. your director 0
EDC, wasn't at the board - at the board meeting at the time that the
C-Tech was heard last board meeting.
And in order to give them the opportunity. the business
conununity, to be here in order to speak in front of the board, that's
why you have four p.m.
Mr. Baker?
MR. BAKER: Hi. Good afternoon, Commissioners. For the
record, Denny Baker. Director of Community Development.
The BeC approved. our four economic incentives in November of
2003. The four incentives were the job creation, the advanced
broadband, the property tax stimulus and the fee pa.yment assigtan(.;.~,
You know. the nurno~ nfth~ nrlfinSll"""'''' <>.... tn ......,.......""4-0 ~~~-~_:-
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.
Agenda Hem No. 1~ toft
.June 12, 2007
Page 20 of 24
Decem.ber 12-13, 20l
they're an established firm. Why should we give them the ability for
broadband? I think it's just money that's .- I've got some real concen
with that.
MR. BAKER: Well, the - we have to a.pply the ordinance as
written, Commissioner, and the ordinance does not prohibit these
well-established companies from applying for this at this point in tilT
As a matter of fact, Naples Community Hospital has three locations
that they have - their plan is broadban~ too. And Tammie can talk
the reasons, why we wanted to do that at the time. But -- Ta.mmie,
would you like to come up?
MR. MUDD: No, I want to make sure you clarify something,
Denny. I don't t:.hink you've said this on the record today.
Every one of these applications that are on this chart, this board's
approved. Every one oftbem bas come in front of this board to get
approval. and it talked about NCH being an established company.
And I remember that:Mr. Morton was here and he talked about that
particular issue, about why he needed it in order to do that Denny i
just reporting back what's there.
Commissioner Henning has a good point in the fact that, hey,
we're holding money and it's obligated with a firm. because they put
an application, the board has approved it, and they haven'4 in good
faith, perfonned like they said they were going to perform.
How long do we obligate those dollars before we recirculate it in tli
pot of money in order to get it done? But Denny's just basically
giving you a snapshot ofwh~s already been approved by this boart
in an annual report.
MR. BAKER: T'hafs correct. That's correct, Jim.
And I might add to that tllere are several companies that we a.ctuall~
pulled the applications and voided the applications because they we
non-responsive. They had been. .- they had come to the board, beer
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?ag'3 21 ,~ :::4
December 12-13, 201
Weare sensitive to the fact that those funds are there because they Sf
limited and work closely with these companies to make sure that the~
are coming forward in a timely manner.
We do have an issue with regards to additional funding for theBl
programs. And if we were to have companies come forward that
would deplete the funds, the question to the Board of County
Commissioners would be -- is whether or not these funds would be
replenished in that particular fiscal year.
And that -- that would be either something that might need to bt
brought back or something that might possibly could be discussed h,
today as far as whiat we would like to do with these incentive dollars
going forward aj"1d whether or not we'd like to keep those fimds
available for businesses that we'd like to either help expa."1d here (1'-
recruit to the community.
CHAIRMAN HALAS: Thank you very much.
Commissioner Henning?
COMMISSIONER HENNrnG~ Thank you. Mr. Baker, I like
your recommendations and I like the recommendations to hold offtl
the next budgeting season to reevaluate the process.
I also would like for - and I don't know if you need it -- as far
a motion, I don't like the fact that we have some monies holding for
people and there hasn't been any response. Can we give you directi
on that, or do you need that in the motion?
MR. BAKER: I just need direction that we take a more
aggressive approach and provide a drop-dead date, if you will, to th
companies to respond. And especially with the budgeting cycle, yo
know, just around the comer, fd like that direction and-
COMMISSIONER HENNING: Well, there's different things
here, because you have, like SDP, or have -- has not requested an
audit.
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Agenda Item No. 1~1of1
June 12. 2007
F\age 22 of 24
Decembe-z 12-13, 201
two different issues. I donlt know how to address that, except for the
SDP. You know, if they haven't submitted within a year-.
MR. BAKER: Right.
COMMISSIONER HENNING: -- it goes back in the kitty.
That's part of my motion. The rest of my motion is to accept your
presentation and recommendations under that. You know, put that
back into the pool and come back in next yeats budgeting season an,
give us recommendations on that.
But I don't know if I need to put it into the motion about these
requesting for audits for like broadband or job recreation or whateve
:MR. BAKER: Well. I could do it a couple different ways. I ca
put together a proposal to County Manager or back to the board
suggesting that certain companies be removed from the program if
they have not responded within a particular amount of time.
COMMISSION"ER HENNIN"G: Tbats part of my motion.
COMMISSIONER FIALA: Okay. I'll second.
MR. BAKER: J De Schmitt is saying that we should bring it ba
to you since the board -.
MR. MUDD: You approved it this way, If you're going to de
it because of lack of perfon:nance or - ~ you need to be the persc
to do it.
COMMISSIONER HENNING: And that hasnt happened in tJ
past as far as I understand.
:MR. BAKER: No, it has not.
COM1vfiSSIONER HEN'NlNG: Okay.
MR. BAKER: Commissioner, let me clarifY that. We have h2
companies voluntarily remove themselves because v.>e've pressured
them, if you will. to respond.
COMMISSIONER HENNING: Okay.
MR. BAKER: And there have been several voluntarily remo"
"
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item No. 1 ':?age lof1
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23 uf 24
December 12-13. 2()(
that.
MR. BAKER: Yes.
CHAIRMAN HALAS: Okay. We have a motion on the floor t
Commissioner Henning, second by Commissioner Fiala.
MR. BAKER: Mr. C~ could I ask Commissioner
Henning to also address the issue of the pooling of the dollars?
COMMISSIONER HENNING: Yes. That's -- was a part of m;
motion -
MR. BAKER: Okay, thank you.
COMMISSIONER HENNING: - is to pool those dollars,
MR. BAKER: Thank you.
CHAIRMAN HALAS: Okay. Commissioner Coyle?
COMMISSIONER COYLE: That was going to be my
clarification.
CHAIRMAN HALAS: Okay. Any other discussion?
COM1v1ISSIONER COLEIT A: Other than, did the second
agree?
CO~lISSIONER FIALA: Yes. thank you.
CHAIRMAN HALAS: Okay. Not hearing any further
discussio~ rn caU the question.
All those in favor. signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HALAS: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNlNG: Aye.
CHAIRMAN HALAS: Opposed, by like sign?
(No response.)
CHAIRMAN HALAS: Motion carries.
MR. BAKER: Thank you.
i!ttp://-.deItt.c:oIIier.flllS/WEBU1IV /I~~ .., L: ,11. IE S1'1 .!. "".. I -'.pI. 4/25/2007
.
Page 1 or
:';10
COLLIER COU'ITY
GOAF:D OF COUray CCir:.rv1ISSloNEr~s
Item Number:
,],c,
Item Summary;
-'1.' :;pd Jk trl\) fWJllJ<J' eU)f1on',Ic Inc(~ntlvf' rerurt pE;'';('~le(: to :1',[ ,iCe: 11'\ Hie F' a;' of ~<:{J6
: J(:"ept, r: Sell,.',,!I, i'~Jrnlr',lst,';',to' :::'OrlllTIUlitv uC'vc,i()("y';)r( ,,\ F: r~'":ra'H'l"';'::,,i SQ1'PC(:S,
'-:,VISI(lll)
Meeting Date:
C', ";'~.(f' 90D.OC> i'.M
Prellllred B~'
Denton Baker
Fm..ncl<l1 A<Jtl\in& Housrng Dln":tor
DJle
Comlnunity Developinent&
ErW'rDnmenlaiServic.es
Finane,al Adrr"n. <>- HOlls",g
5/21i200711.2517AM
Apprun'dBy
Slls~n Rossi
l\dmirllstrat,v€.A5sisl~nt
Dale
Community DevelDpment &.
EnvironmenlalServiees
(;::lFSOperations
51~1!2007 1133 AM
Approvcd By
MJrlen~ Stewart E~ecut;ve SecrelMY
Date
Community De"'~if.)pmenl & Community D~vcl()pment S
EIWlronmunta! S"rJl ;es E-nviron'lIImtal Serviq:,'. {,clmin.
5'21i200"l1:::3S PM
Appn,,'cd By
.Jucl;'Puig
Operations A"~lyst
Date
Comn'LlfIily P'ov81ol'meni 8-
EnvlronmHnl<lIS "Vlces
Co",munity Del/ckprn"nt&
[nviro"mentaISe'Vlce"Admin
51;t1i2G07 12,~-l PM
Appro\'cd By
J05cph 1<., Schmitt
C()mml""I~ D(>vtdc.pment&
D~te
fen,'ironment,,! Serv,e'",b A,lnlin~tcRtor
Cor)'mu',il.\, DeVU0pment &.
[n',..ironmcnta; S()rvi~"s
Cc_"mnu,-,;!y De,,('lc.prnent &
f:nvironm0:-1w!Serv,cPf-i-\;lrnm
S..:::31?Ci0733f- PM
A[Jproved By
or,~b C()()n!in~tQr
O,~8 ::':c-'.>rri:,,,,lcor
;.JJle
County t,1Jnm,,,,',.. DflY,IC
Ulfiu,,,! p,[Jt1,1Jt.",!Cnt 1> e("!:l~t
5125/21'07 J:~~ PM
Appron'd By
f,~ .-,n' !', n d, ,.;on
[;llr1pU,';nJI/st
U;:Hc'
County r,1;)n~\)H'S Ollie.:
()ifir" 01 M.1n.oqEm,mt i: Eml,w:
(,14iJOW' ~,:n "M
Allpnrvcd By
j~nHJ~ \'. ~'",id
Cc>untyl/JnJger
::;<<t..
Board", C,,,,n\;
Cc.ur;tl' ~,.1Jna",fs O!hr:e
(,1~{~()07 ~,,51 .",
Ccnwli-:;'I',nurs
Agenda Item No.1 DB
June 12, 2007
Page 1 of 6
EXECUTIVE SUMMARY
Recommendation to disapprove institution of an Ordinance to allow use of golf carts
on the County roadways of the Isles of Capri community.
OBJECTIVE: That the Board of County Commissioners disapproves instituting an
Ordinance that would allow the use of golf carts on County roads within the community of
Isles of Capri.
CONSIDERATIONS: On May 8, 2007, at the regular meeting of the Collier County
Board of County Commissioners a request was brought forward under Public Petitions as
Item 6.A. to allow the use of golf carts on the County roadways within the community of
Isles of Capri. Under Florida Statute F.S. 316.212:
316.212 Operation of golf carts on certain roadways,uThe operation of a golf cart upon the
public roads or streets of this state is prohibited except as provided herein:
--
(1) A golf cart may be operated only upon a county road that has been designated by a county,
or a municipal street that has been designated by a municipality, for use by golf carts. Prior to
making such a designation, the responsible local governmental entity must first determine that
golf carts may safely travel on or cross the public road or street, considering factors including the
speed, volume, and character of motor vehicle traffic using the road or street. Upon a
determination that golf carts may be safely operated on a designated road or street, the
responsible governmental entity shall post appropriate signs to indicate that such operation is
allowed.
Field review and analysis of the County roadways within the community of Isles of Capri
by Traffic Operations Depaliment staff disclosed conditions (repOli attached) such that, in
consideration of safety for motorists, pedestrians, and golf cart operators, staff cannot
recommend allowing the use of golf carts on the roadways of the community.
FISCAL IMPACT: There is no Fiscal Impact to the recommended aetion.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated
with this Executive Summaty.
RECOMMENDA T10N: That the Board of County Commissioners continues to prohibit the
use of golf carts within the Isles of Capri community and disapprove the enactment of an
Ordinance to allow such use.
Prepared By: Robert W. Tipton, P.E., r.T.O.E., Traffic Operations Director
Attachment: Field Review RepOli
--
Item Number:
Item Summary:
Meeting Date:
Page] or 1
COLLIER COUNTY
BOARD or COUNTY COMMISSiOI~EP.S
lCB
r.'ccm-nITI<,''18::ltIQIi to (jiSdpproVI' ;ns:ij;J\lor' 01 ar DrdIWII1C8' t,,; al!lJw U&P oi ~(jl~ Cilr~s lJn tile
~:ClIJntv 'U,;(JWiJVS 0: tile i;les 01 eaerl communltv <:Hot:, Tipton Traffic :.JDHiitiGnS D!re~tor)
'iI12';!00i 9.00 0~' 11M
Traffic Oper,JllOn~ Director
Date
Prepared By
RoberlW, Tipton,P.E.
Transportat,on Servi~e5
lr~ffic Oneraliorls
5!22.'200712:0\';22PM
ScottR.Teoch
Ass,slilnt (:ounty Atton1ey
Dille
Approved By
County Atlorney
Counly Al\orne\, Otfice
5122/2007107 PM
f,obertW,Tipton,PE
TraflicOpl!rationsD'rector
Date
Apprll,'cd Hy
TrJnsrort~tion Services
TratfrcOpNJtions
s/n,,20074:11PM
ApprondBy
Sharon T\;ewm~n
T,ansportalionScf\/ic('s
AccmmLngSupcrvi"or
Date
Trans;>ort~tiDn :;:'ervlces!\dmin
5/22,'20078'44 PM
NorrnE, Fede",AICP
TrarlSp0rtalion DivIsion t.dministra\or
DJ.te
.\ppruved Ry
TranEp"rt~tinn S"rvir.es
TrJn5POrt.alior Servicc3 Admin
512312ll0710:(;4!',M
Appro,,,,d By
Pat Ldlnhard
TrJnsportationSe",;ces
Exu:utivcSccrctary
Date
T"<I'"port<ltlonS(,rvice'ifJ,dmin
::;C:':,2007 ~45 PM
CJI,;[{SoonJlni1tor
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C)~,ln CoordiniltM
Coun\;' Mlln<!,,""~ Offl,~e
C)lfl~0 o' Man:q"ment & [~u(iJCI
S:;:SJ2()Ci4C9;-'T/
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Approved By
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C'Jul1l) r,~ar;",J(" s 0Hicc
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Appro\ell Uy
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B"~:-,, D! ';:ou"ty
C"mllliss,c,nHS
County 1;:a""i[l""" Office
6i;::20:lT ",3!1 PM
,~g9nda 11sm r\!o_ 108
June 12,2007
Page 3 of 6
Traffic Operations Department Operations Review
Isles of Capri Boulevard Golf Cart Use
May 22, 2007
In response to requests from a group ofresidents of Isles of Capri for institution of a
County Ordinance that would allow the use of golf carts on the roadways of the Isles of
Capri, a field review was perforn1ed by staff of the Traffic Operations Department to
determine the appropriateness of the area for allowing the use of golf carts on the same
roadways as general vehicular traffic. Field reviews were perfonned on May 3 and 21,
2007, and vehicular traffic counts and speeds were recorded on May 4 and 5,2007
Review of the community disclosed that travel from or to almost anywhere within the
island chain requires travel on or across Isles of Capri Boulevard, the main street of the
islands comprising the community. Isles of Capri Boulevard is fairly nan-ow, with 10
foot lanes in places, no pavcd shoulders at most locations, and has a number of curves,
five of which are 90 degree curves spaced closely together in the commercial center of
the community. (Photos attached) The roadway does not have a great deal of sight
distance around these 90 dcgree curvcs. Directly south of the southernmost 90 degree
curve is a parking area from which autos, vans, and trucks back into the street from the
diagonal parking spaces. The entire length of Isles of Capri Boulevard is markcd 30 mph
after cntering thc community and is appropriately marked for "NO PASSING" by a
double yellow centerline. A pathway adequate for bicyclists and pedestrians runs next to,
but unattachcd to, Isles of Capri Boulevard for most of its length, providing a safe area
out of the roadway for the bikc/ped traffic within the community. A speed study
perforn1ed at two locations on Isles of Capri Boulevard disclosed that at the nOl1h end of
the community the median speed is over 40 mph and on the south end the median speed
is over 30 mph. Review of the vehicular crash rep0l1s for 2005 and 2006 discloses five
crashes within the community, one of which was a vehicular/bicycle crash.
Given the nan-ow lanes of the Isles of Capri Boulevard which creates a lack of passing
opportunities of slow moving vehicles without crossing a double yellow centerline near
curves, the speed of vehicular trat1!c on the roadway, and the limited sight distance
around numerous curves, it the recommendation of the Traffic Operations Departmcnt
that the use of golf CaI1s on the roadways within the community be continued to be
prohibited in order to assure the safety of motorists and cart operators alike.
Additionally, although a separate bike/ped pathway does exist along the boulevard the
pathway is not wide enough to safely allow golf carts to pass by pedestrians or cyclists
without forcing one or the other ofT of the pathway. Therefore, the use of the pathway for
golf carts is considered a risk for pedestlians and cyclists.
r
~
Volume = 1254
Speed Limit = 30mph
NB 50% = 32.4 mph
SB 50% = 30.5 mph
Volume = 2757
Speed Limit = 30mph
EB 50% = 40.9 mph
WB 50% = 42.2 mph
Isles of Capri
Isles of Capri Blvd. approaching a 90 degree curve.
Agenda l(,"m No.1 03
~!une ~2. 2007
Page 5 of 6
Isles of Capri Blvd. restaurant parking.
-_ I
Isles ofCapn Blvd. typical section.
I
Agenda Item No.1 OB
June 12, 2007
Page 6 of 6
Isles of Capri Blvd. with parallel Bike/Ped Pathway.
Isles of Capri Blvd. typical section.
Agenda Item No.1 OC
June 12, 2007
Page 1 of 15
EXECUTIVE SUMMARY
Recommend the Board of County Commissioners consider a course of action in
response to the Florida Department of Community Affairs Statement of Intent to
find a portion of the EAR-based Growth Management Plan Amendments Not in
Compliance
OBJECTIVE:
Recommend the Board of County Commissioners consider a course of action in response
to the Florida Department of Community Affairs (DCA) "Statement of Intent" to find a
portion of the Evaluation and Appraisal Report (EAR) based Growth Management Plan
(GMP) Amendments Not in Compliance.
CONSIDERATIONS:
_.
On January 25, 2007 the Collicr County Board of County Commissioncrs (BCC)
conducted a Special Mecting and votcd unanimously to adopt EAR-based GMP
Amendments. Subsequcnt to that adoption, the Florida Department of Community
Affairs issued a "Statement of Intent" finding a portion of said EAR-based GMP
Amendments not in compliance (see attached). Although in most instances a finding of
not in compliance would appear to be a major stumbling block to growth management in
Collier County, the inconsistcncies notcd by DCA in its Statcment of Intent wcre limited
in scope to two specific arcas ofthe GMP.
First, the DCA found the GMP Future Land Use Map series related to Section 24 in North
Belle Meade and the associated text amcndments not in compliance. Second, the DCA
found the response to the Objections, Recommendations and Comments (aRC) report
related to the Capital Improvement Element (CIE) not in compliance.
The issues associated with finding Section 24 relatcd GMP provisions not in compliance
are very straightforward and succinct. In summary, the amendments pertaining to Section
24 were found not in compliance as the best available data indicated that Section 24
contains Red Cockaded Woodpeckers, that the section should be designated Sending
Lands, and that Collier County has failed to conserve, appropriately use and protect
wildlife habitat. The DCA cited Rule 9J-5.005(2)(a). Florida Administrative Code as the
legal basis for the detelmination of not in compliance.
-
It should be noted that the Florida Wildlife Federation and the Collier County Audubon
Society have filed a "Petition For Leave To Intervene" with respect to Section 24. The
process for resolving disputes is set forth latcr in this section with other issues discussed
in the "Growth Management Section" of this summary. Please note that e-mail
correspondence was received from the Petitioner's attorney Thomas W. Reese, Esq.
According to Mr. Reese, "[sJettlement can promptly occur ifthe county agrees to adopt
the Environmental Advisory Council's recommendation which modifies/designates
Section 24 on the FLUM to Sending except for the American Fal111s, golf courses, and
.A..;jend8 Item NO.1 DC
June 12. 2007
Page 2 of:5
built out lots which would remain designated as Neutral." Therefore, a recommendation
is set forth below that requests that the BCC direct the County Manager or his assigned
designee to pursue the applicable course of action to determine if it is possible to enter
into a compliance agreement with regard to Section 24. Furthern10re, the County
Attorney's Office (CAO) will discuss this issue with additional specificity in the "Legal
Considerations" section of this summary.
Next, the inconsistent provisions and suggested remedial actions associated with the
Capital Improvement Element may appear more complex than the reality in addressing
these inconsistencies raised by DCA. Please note that Collier County in its EAR-based
GMP Amendments is essentially serving as one of the first counties to undergo the DCA's
strict review, evaluation and financial analysis of what constitutes financial feasibility in
the context of the ClE. In the past, what was essentially acceptable from a project
synopsis format with associated revenues was no longer deemed acceptable by DCA. No
local government could have anticipated what DCA would eventually detennine to be
consistent with Senate Bill 360 provisions related to financial feasibility and CIEs. As
the process evolved after DCA issued its Objections, Recommendations and Comments
Report (aRC), it became apparent the direction DCA was headed with regard to this
issue. Therefore, staff began to supply DCA with items prior to the issuance of the
"Statement of Intent". However, staff was unable to meet the moving target of DCA's
direction prior to the issuance of the "Statement of Intent".
At this point in time it would appear that the target may still move a little bit more.
Regardless, the Comprehensive Planning Department, with the assistance of numerous
divisions and departments, has provided to DCA the bulk of the infonnation related to the
deficiencies cited in the statement of intent and anticipates only a few more requests for
supplemental infonnation.
According to DCA, the inconsistencies associated with the ClE are easily resolvable.
Quite frankly the work undertaken by all staffs involved to this date would indicate that
the issues are resolvable but by no means have the tasks been easy as there has been an
inordinate amount of staff time expended to date. Regardless, Comprehensive Planning
Department staff has already provided the majority of the cited deficient items to DCA
per the remedial actions cited on pages 4 and 5 of the "Statement of Intent". The word
"majOlity" was used as the target continues to move a little bit and it is anticipated that
DCA will require some additional data and analysis. Therefore, with some minor
tweaking of the stafT's response to date, it is mostlikcly that Collier County will be able
to enter into a compliance agreemcnt with DCA to remediate the inconsistencies
applicable to the ClE. However, the growth managcment implications associated with
HB 7203 (not signed into law by the govemor as of 5-29-07) and the upcoming property
tax special session must be carcfully considered. Those growth management and
property tax implications are set forth below in the "Growth Management" section of this
executive sumnlary.
Section I 63.3184( 16), Florida Statutes sets forth the paramcters for entering into
compliance agreements when the local government, DCA and if any affectcd person who
AJenda Iteni ~~o. 10C
June 12. 2007
Page 3 of 15
intervenes have reached an agreement regarding specified inconsistency issues. More
specifically. Section 163.3184(16). ES. states that "[a]t any time following the issuance
of a notice of intent to find a ... plan amendment not in compliance..., the state land
planning agency may voluntarily enter into a compliance agreement to resolve one of
more of the issues in the proceedings. Affected persons who have initiated a formal
proceeding or have intervened in a formal proceeding may also enter into the compliance
agreement."
It would appear that the inconsistencies related to the CrE as of today are resolvable. If
so, and the DCA voluntarily agrees to enter into a compliance agreement, statT is seeking
guidance from the BCC to pursue this statutory mechanism to bring the ClE into
compliance. It should be noted that the BCC would have to act on the Compliance
Agrecment and a subsequent implementing GMP amendment.
Unlike the CIE, the inconsistencies sUlTounding Section 24 are more ditlicult to resolve
as the interveners have expressed positions that not only contrary to the BCC's policy
directive, but are also in contlict with the position of another party that chose not to
intervene. Therefore, stafT is seeking guidance from the BCC regarding resolution of the
dispute. Pursuant to section 163.3184( 10) (c), "the state land planning agency [DCA]
shall afford an opportunity to mediate or otherwise resolve the dispute." Although the
statutory provision exists pertaining to dispute resolution, staff would seek guidance from
the BCC to meet with all affected parties separately to ascertain if there would be any
benefit to attempt to mediate or otherwise resolve the dispute.
If the dispute is incapable of being resolved, then the provisions of Sections 163.3184(10)
and (11) are applicable. The notice of intent would be forwarded to the Department of
Administrative Hearings. The parties to the hearing would be DCA, Collier County and
the affected parties (interveners). No new issue may be alleged as a reason to find the
plan amendment not in compliance unless the party asserting the new issue can show
good cause for not alleging the issue in the prior allotted statutory time frame. "The local
government's detem1ination shall be sustained unless it is shown by a preponderance of
the evidence that the comprehensive plan or plan amendment is not in compliance." The
matter will then be set for hearing before an Administrative Law Judge who will then
conduct the requisite hearing in Collier County. The Administrative Law Judge will then
render a recommended order to the Administration Commission for final agency action.
If the Administration Commission tinds that the plan amendment is not in compliance,
then the commission will specify remedial actions that bring the plan amendment into
compliance. The Administration Commission can also direct state agencies to withhold
state funding trom various sources.
FISCAL IMPACT:
The County Attomey's Office and the Comprehensive Planning Department will
coordinate with the Florida Department of Community Affairs with the preparation of a
compliance agreement for the Capital Improvement Element items found not in
Aaenda Item !,o. 10C
~ June 12,2007
Page 4 of 1 5
compliance. The compliance agrcement for tins item will be undertaken within the
context of the existing budget. The compliance issues associated with Section 24 may
require additional costs depending on whether a compliance agreement can or cannot be
entered into among all the parties. If not, the CAO will have to assess whether this
matter can be undertaken by in-house counsel. If so, the costs will be absorbed by the
CAO. If not, there will be attendant costs with hiring outside counsel. In addition, the
Comprehensive Planning Department would have to absorb any costs if this item must
proceed thru the Administrative Hearing process. A preliminary estimate of the costs
would be a minimum of $1 0.000 upward to the $50,000 range depending on the expanse
of the proceeding and the necessity for outside counsel and expert witnesses. It should be
noted that this expense is not included in the Comprehensive Planning Department's
FY08 budget.
GROWTH MANAGEMENT IMPACT:
The growth managemcnt impacts associated with Section 24 can be stated simplistically.
In summary, will the BCC concur with DCA's assessment that the data and analysis
supports changes to applicablc land arcas in Section 24 to Sending Lands? If so, what
would be the attendant ramifications? Conversely, if the BCC does not concur with
DCA's assessment that the data and analysis supports changing certain land areas in
Section 24 to Sending Lands, thcn what would be the attendant ramifications? It should
be noted that the Florida Wildlife Federation and Collier County Audubon Society have
filed a "Petition for Leave to Intcrvene" in support of the DCA's position. The attendant
ramifications for both scenarios would be explored in conjunction with meeting with the
two interveners with a subsequent recommcndation on how to proceed with this matter at
a future meeting of the BCe.
As noted above it would appear that the inconsistencies related to the CIE are resolvable.
Furthermore, if the issues are easily resolvable and the DCA voluntarily agrees to enter
into a compliance agreement, staff would n0l111ally be secking guidance from the BCC to
pursue this statutory mechanism to bring the ClE into compliance.
As noted above, under nonnal circwnstances staff would be adamantly pursuing the
BCe's direction to pursue applicable actions to enter into a compliance agreement as the
issues noted in the ORC and the "Statement of Intent" should be easily resolvable.
However, what appears to be easily resolvable on the surface may be adversely affected
by extraneous factors that did not exist at the time of the ORC and have recently come to
light during this past legislative session. As a result, the "Statement of Intent" and the
requested remedial measures which appear to be relatively halmless on the surface have
the potential of Collier County walking into the proverbial minelield where financial
feasibility as it relates to CtmCUll'ency may not be attainable.
House Bill 7203 contains provisions that allow a govel11ment to pursue a long term
eoncun'eney management system wherein that govel11ment does not have to be
financially feasible in any given year as long as financial feasibility is attained dming the
last year of the ClE's concutl'ency management system which can be 5, 10 or 15 years,
Agenda Item No. I DC
June 12, 2007
?age 5 of 15
Collier County currently has a 5 year CIE with con'espondence from DCA which allows
the county to retain its existing concurrency managcmcnt system.
However, the new statutory provisions applicable to any 5-year CrE allows a local
government to fail to meet the financial feasibility requirement in any given year as long
as financial feasibility is achieved in year five. Please note that the obvious solution to a
situation where there is a failure to meet financial feasibility in ycar five would then be to
establish a long telm concurrency management system of either 10 or 15 years. The
BCe's policy direction is no long tenn concun'ency management system is acceptable.
At this time, Collier County has revised its CIE and is fairly confident that DCA will find
the "Statement of Intent" remedial actions required to meet the financially feasible CIE
requirements have been substantially complied with although there may need to be some
minor tweaking of the final document. Under norma] circumstances the BCC would see
a forthcoming compliance agreement with a staff recommendation to approve the
compliance agreement.
However, these are not normal circumstances related to growth management. The State
of F]orida's Legislature will mect in Special Session from June 12th through the 22nd to
consider possible changes to the cxisting ad valorem property tax methodology. ]n
conjunction with considering changes to property taxes, it is also possible that the
Legislature may make recommendations that could affect the County's impact fee
assessments for various public facilities.
Therefore, what would most likely be a financially feasible CIE today under the existing
statutes and the implementing Florida Administrative Code may become a financial
infeasible C]E with projected revenue sources either eliminated or adversely affected.
Collier County is required to provide alternative funding sources if projected revenue
sources no longer exist.
If Collier County is required to modify its existing ad valorem property tax structure and
impact fees, it is most like]y that the funding for prospective projects in the CIE will
likewise have to be modified. The sound financial planning associated with the AU]R
that fonned the basis for the CIE may no longer be valid. Potentially there could be
revenue shortfalls for capital projects in water, sewer, parks, drainage and solid waste
dming the next five ycars.
FUl1hcnnore, the long range plans for transportation, all public utilities, drainage and
parks will have to be re-cvaluated to ascel1ain financial feasibility beyond year five.
Please note under the CUITent CIE Collier County is not under a long term concurrency
management system and statT is not recommending that alternative. However, if changes
to the existing ad valorem propel1y tax structure and impact fees become a reality during
the Legislature's Special Session, it would be prudent to enter into a major planning study
to detennine how this ]ocal government will meet the Level of Service requirements for
regulated capita] facilities and services, and more importantly how these facilities and
services will be funded by Collier County.
Agenda Item NO.1 DC
June 12. 2007
PagE:: G of 15
LEGAL CONSIDERATIONS:
Subsection 163.3184( 1 O)(c), Fla. Stat. provides the authority for alternative dispute
resolution (ADR) as a result of a finding by DCA that a GMP amendment is not in
compliance and any issues raised by any interveners in such a case. Subsection
163.3184(16), Fla. Stat. authorizes compliance agreements between DCA, the local
government and any affccted persons who are granted intervener status. By utilizing the
ADR process to achieve a settlement agreeable to all parties, costly and uncertain
litigation can be avoided.
RECOMMENDATION:
I. That the BCC direct the County Manager or his assigned designee to pursue the
applicable course of action to determine if it is possible to enter into a compliance
agreement with regard to Section 24.
2, That the BCC direct the County Manager or his assigned designee pursue the
applicable course of action to detem1ine if it is possible to enter into a compliance
agrecment with respect to the ClE with the caveat that no compliance agreement is
entered into if the action taken by the Florida Legislature results in a situation
wherein the CrE is no longer financially feasible or prospective revenue is
uncertain.
3. That the BCC direct the County Manager or his assigned designee to take the
following immediate remedial action if the FlOlida Legislature creates a situation
during the upcoming Special Session where the County's CIE is no longer
financially feasible and the long tern1 prospectus for financial feasibility cannot be
detern1incd with absolute celiainty:
a, That staff prepares altemative financially feasible AUIRs and CIEs based
on reductions in the projected revenue that may occur as a result of
proposed property tax legislation and possible changes to the County's
impact fee ordinances.
b. That stafC if deemed appropriate, develop an RFP, which includes a
detailed scope of services, for the employment of a planning consultant to
determine if the goals and objectives of the proposed financially feasible
5-year C1E can be met while evaluating county long range plans for
individual capital facilities/services to detcnnine if financial resources will
be available to fund all items included in the long range plans..
c. That the CAO draft a countywide planning moratorium ordinance, to be
considered by the BCC at future meetings with the requisite public
hearings, that will be applicable to all county issued development orders
until it can be determined with absolute certainty that the County will be
able to meet its adopted levels of service for all capital facilities and
services set fCllih in the AUJR, the CIE, and adopted county long range
plans for certain capital facilities/services.
Prepared by Randall J. Cohen, A1CP, Director, Comprehensive Planning Department
Agenda Item No.1 DC
June 12. 2007
Page 7 of 1 5
Item Number:
Item Summary:
Meeting Date:
COLLIER COV"iTY
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Agenda Item No.1 OC
June 12, 2007
Page 9 of 15
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
IN RE: COLLIER COUNTY
COMPREHENSIVE PLAN AMENDMENT
07-IER AMENDING FUTURE LAND USE Docket No, 07-ER-NOI-II Ol-(A)-(N)
ELEMENT MAP AND TEXT, THE CAPITAL
IMPROVEMENTS ELEMENT,
STATEMENT OF INTENT TO FIND
COMPREHENSIVE PLAN AMENDMENTS
NOT IN COMPLIANCE
The Florida Department of Community Affairs (Department), pursuant to Rule 9J-
11.012(6), Florida Administrative Code, hereby issues this Statement oflntent to find the Collier
County Comprehensive Plan Future Land Use Map series relating to Section 24 in North Belle
Meade and the associated text amendments to the Future Land Use Element adopted by
Ordinance Number 07-18, on January 25, 2007 not "in compliance", and also finds the Capital
Improvements Element, adopted by Ordinance Number 07-07, on January 25, 2007, not "in
compliance" based upon the Objections, Recommendations and Comments Report issued by the
Department on July 28, 2006, which is hereby incorporated by reference, The Depaliment finds
that the Amendments al'e not "in compliance" as defined in Section 163.3l84(1)(b), Florida
Statutes, because they are not consistent with Chapter 163, Part 11, Florida Statl/tes, the State
Comprehensive Plan (Chapter 187, Florida Statutes), and Rule 9J-5, Florida Administrative
Code, for the following reasons:
L CONSISTENCY WITH CHAPTER 163 FLORIDA STATUTES, AND RULE 9J-5,
FLORIDA ADMINISTRATIVE CODE
A, INCONSISTENT PROVISIONS
item t-Jo. 10C
June 12, 2007
?aoe 10 of ':5
1. Ordinance No, 07-18; Future Land Use Element and Map Series Amendment: The
inconsistent provisions of the Future Land Use Element and Map series pertain to changes to
North Belle Meade Overlay as follows:
Natural Resource Protection: The Future Land Use Map as it pertains to Scction 24,
and the text changes on page 45 of the strike through and underline version of the plan as
it pertains to Section 24 are not in compliance because:
1. It is intemally inconsistent with the provisions of B I .d, on page 44 of the
strikethrough and underlinc version. pertaining to Rcd Cockaded Woodperkers
(RCW) because the best availablc data indicatc that Section 24 contains RCW habitat
and thercfore should be designated as Sending Lands consistent with the definition of
Sending Lands in the County's comprchensive plan. According to thc
Comprchensive plan Sending Lands "are thosc lands that have the highcst degrce of
environmental value and sensitivity and gencrally include significant wetlands,
uplands, and habitat for listed species".
2. The Future Land Use Map as it pCJ1ains to thc Section 24 is also inconsistent with
Rule 9J-5.0 13(2)(b)4 which requircs the County to conserve, appropriately usc and
protcct wildlife habitat. This is becausc the best available data indicate that RCW
habitat is prcsent on Section 24 and as such thc propcrty should be designated as
Sending Lands.
3. FUl1henllore. these amendments arc not "in compliance" because they fail to respond
appropriately to the best available data regarding enviroJUllenta] characteristics of
Section 24. Rule 9J-5.005(2)(a) FAC, rcquires the comprehcnsive plan, as well as
plan amendmcnts to be bascd upon relevant and appropriate data and analyses.
2
T
Agenda Item No.1 OC
June 12, 2007
Page 11 of 15
[Chapter 163.3177(6)(a), (d), & (8)., Florida Statutes (F.S.); 9J-5.005(2) and (5), 9J-
5.006(3)(b)4., (3)(c)1., & 6.; 9J-5.013(2)(b)3., & 4., & (2)(c)5., 6., & 9., Florida
Administrative Code (FAC)].
2. Ordinance #: 07-07: Capital Improvements Element Chan2es: The inconsistent
provisions of the Amendment under this subject heading are as follows:
1. The Schedule of Capital Improvements covers four years instead of five years as
required. This is inconsistent with the requirement that local governments adopt and
maintain as part of their comprehensive plan a Five-Year Schedule of Capital
Improvements.
2. The funding sources for the identified improvements are not stated per year of
improvement. Instead, it is stated for all the projects listed on the schedule for each type
of capital facility. For example, in the case of roads, revenues will come from gas tax,
impact fees, bond, carry forward, grants, developer contribution (i.e., Ave Maria), general
fund, and transfers. As a result, it is not possible to determine if the project is funded by
committed or planned sources in order to demonstrate the financial feasibility of the
schedule. State law requires that projects be funded with committed sources of funds for
years I through 3, and willl committed and or planned sources in the 4th and 5th years.
3. The projected revenues for each of the identified sources are not provided; as a result, it
is not possible to demonstrate and deternline the financial feasibility of the schedule, i.e.,
to detennine that the County will indeed generate the funds from those sources to pay for
the improvements.
[Chapter 163.3164(32), 163.3177(2) & (3)(a), I 63.3177(6)(a), (c), (8), & (IO)(e), F.S.,
and 9J-5.005(2)(a), (c), & (e), 9J-5.006(2)(a), 9J-5.011(1)(b), (1)(1), (2)(b)1. & 2., &
(2)(c)l., and 9J-5.016(1), (2), (3)(b)l, 3,4,5, (3)(c)6, & 8, and (4), and 9J-5.019(4)(c)I.,
F.A. C]
3
AGenda Item NO.1 DC
- June '12, 2C)07
Page '12 of 15
B. Recommended remedial actions: The above inconsistencies may be remedied by taking the
following actions:
I. Ordinance No. 07-18: Fntnre Land Use Element and Map Series Amendment:
Revise the North Belle Meade Future Land Use Overlay Map to change the land use
designation for Seetion 24 from Neutral Lands to Sending Lands in order to be consistent
with the Sending Lands provisions of the Plan, as well as with amended Section of the
plan pertaining to Red-Cockaded Woodpeckers (RCW), (page 44) of the revised Future
Land Use Element (strikethrough and underline version). At the same time, the County
should delete the additional requirements and limitations imposed on development in
Section 24 (page 45) of the revised Future Land Use Element (strikethrough and
underline version) and treat the Section 24 Sending Land the same way as other Sending
Lands in North Belle Meade.
2. Ordinance No. 07-07: Capital Improvements Element Chan!!es:
I. Revise the Five -Year Schedule of Capital Improvements to cover five years as required.
2. Indicate the funding sources for each improvement included on the schedule for every
year listed for that improvement. If the funds are coming li'om multiple sources, indicate
the percentage of the funds for that project that will come from each stated funding
source. lf a project is to be funded by State, County, or private conlIibutions, the
schedule should indicate that, and in addition show the percentage that will come from
each contributor. For private contributions, the agreement between the county and the
private contributor that guarantees the funds should be referenced in the schedule and
included as an attaclm1ent. For the lirst three years the funds must come from committed
4
r
Agenda Item No.1 OC
June 12, 2007
Page 13 of 15
sources while for the remaining two years it could come from committed and or planned
funding sources. You could use abbreviations to denote the funding sources and provide,
as a footnote, the meaning of each abbreviation.
3. Provide data and analysis projecting the revenues and expenditures of the County for
each ofthe sources that will be used to fund the capital improvements listed on the
schedule and covering the duration of the schedule. The projections should include a
brief historical perspective of the County's ability to raise money from each source and
based on that provide a projection of funds for the future. The analysis should show that
thcre are sufficient funds, aftcr the expenditures are removed, to pay for the capital
improvements listed on the schedule.
II. CONSISTENCY WITH THE STATE COMPREHENSIVE PLAN
A Inconsistent provisions. The Amendment is inconsistent with the State
Comprehensive Plan goals and policies set forth in Section 187.20], Florida Statutes, including
the following provisions:
l. Natural Systems and Recreation Lands Goal (9)(a), Policy(b)l., 3., 4., regarding the
protection of wildlife and wildlife habitats, with respect to Ordinance No. 07-] 8; and
2. Land Use Goal (I5)(a), Policy(b)2., regarding the development of a system of incentives
and disincentives which encourages a separation of urban and rural land uses while protecting,
among other things, wildlife habitats, with respect to Ordinance No. 07- ]8; and
3. Public Facilities Goal (17)(a), Policies (b)6, & 9, regarding the provision of public
facilities, with respect to Ordinance No. 07-07.
B. Recommended remedial action. These inconsistencies may be remedied by revising
the Amendment as described earlier in this statement of intent.
5
Agen:Ja Item No.1 DC
J~jne 12 2007
~"J(1ge14of15
CONCLUSIONS
I. The Amendment is not consistent with the State Comprehensive Plan.
2. The Amendment is not consistent with Chapter 9J-5, Florida Administrative Code.
3. The Amendment is not consistent with the requirements of Chapter 163, Part II, Florida
Statutes.
4. The Amendment is not "in compliance," as defined in Section 163.3184(1 )(b) Florida
Statutes.
5. In order to bring the Comprehensive Plan amendment into compliance, the County may
complete the recommended remedial actions described above or adopt other rcmedial actions
that eliminate the inconsistencies.
Executed this ~ day of May 2007, at Tallahassee, FIOlida.
Mike McDaniel, Chiet~
Comprehensive Planning
Division of Community Planning
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
6
.
Agenda Item No.1 OC
June 12. 2007
Page 15 of 15
7
Agenda Item No.1 00
June 12, 2007
Page 1 of 5
EXECUTIVE SUMMARY
Providing requested information about potential for contributing $500,000 from
Conservation Collier funds to assist the City of Naples in building trail and bridge on City
-owned land as part of the Gordon River Greenway.
OBJECTIVE: To determine the potential for contributing $500,000 from Conservation Collier funds to
assist the City of Naples in building a trail and bridge (public access amenities) on city-owned lands as
part of the Gordon River Greenway (City of Naples conceptual plan - Figure 1).
..-
Questions/Answers:
o Can Conservation Collier Program (Program) funds be used for development of public amenities
on lands not owned by Collier County7 The Conservation Collier ordinance (2002-63) does not
contemplate providing funds for deveiopment of amenities on lands not acquired by the Program.
The ordinance does allow the Program to acquire and manage iands jointly with municipalities in
accordance with an approved mutual written agreement! management plan(Sec 6. 3.. h) (Section
14.6). Placement of public access amenities and corresponding expenditures by Conservation
Collier could be approved by the Board in a management plan.
o . Can a mangement plan be approved for lands not owned by the Program? The ordinance does
contemplate cooperative management arrangements with other agencies and entities in keeping
with the goals of Conservation Collier. It does require that all approved management plans be
consistent with the purposes identified in the ordinance. City lands within the Gordon River
Greenway have zoning designations variously as conservation, public and semi-public institutina/
and leasedAirport lands (City of Napies Zoning map-Figure 2). Future land use maps identify
these lands as Conservation, Pianned Development, Public Service and Airport (City of Naples
Future Land Use map - Figure 3). It is not known whether uses of these lands can be made
consistent with the Conservation Collier ordinance.
o Could Collier County acquire an easement over lands owned by another entity and provide
management in order to develop a management plan and use Conservation Collier funds for
amenities? This may be possible.
o Could a unified management plan for the Gordon River Greenway be used for Board approval to
use management funds? This may be possible barring any restrictive covenants placed on lands
owned or controlled by the City of Naples that are part of the Gordon River Greenway.
o Which Trust Fund - Land Acquisition Trust Fund (172) or Management Trust Fund (174) - could
potentially be used, if any, to pay for public access amenities under an approved management
plan? The Land Acquisition Trust Fund (172) would be used to provide public access or public
recreational facilities (Sect 6.3.e.).
FISCAL IMPACT: The proposed cost of the contribution by Conservation Collier is $500,000. The Land
Acquisition Trust Fund (172) currently has approximately $24 million available and another $8 million in
reserves.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
Executive Summary.
LEGAL CONSIDERATIONS:
..-.
RECOMMENDATION: That in order to offer potential for funding from the Conservation Collier Land
Acquisition Trust Fund for public access amenities on City-owned lands within the Gordon River
Greenway, the Board of County Commissioners first determine willingness on the part of the City of
Naples to place these lands under conservation easement in favor of Collier County and to also place
these lands under one unified management plan for the entire Gordon River Greenway consistent with
the goals of the Conservation Collier Program, to be administered under a cooperative arrangement by
the City of Naples and Collier County.
PREPARED BY: Alexandra J. Sulecki, Sr. Environmental Specialist, Facilities Management Oept.
Agenda Item No.1 00
June 12, 2007
Page 2 of 5
Figure 1 - City of Naples Conceptual Plan
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J "ne j 2. 2007
Pc!ge 3 of 5
Figure 2 - City of Naples Zoning Map
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Figure 3 - City of Naples Future Land Use Map
Agenda Item No.1 00
June 12,2007
Page 4 of 5
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Agenda Item NO.1 OE
June 12, 2007
Page 1 of 14
EXECUTIVE SUMMARY
Request to Continue Growth Management Plan Amendment Petitions CP-2005-3 and
CP-2005-4 from the 2005 Cycle of Plan Amendments to the 2006 Cycle.
OBJECTIVE:
For the Board of County Commissioners to consider a request by the petition agent, Tim
Ferguson, to continue the petitions from the 2005 cycle of Plan amendments to the 2006 cycle.
CONSIDERATIONS:
At the May 23, 2007 carryover of the May 22 BCC hearing, Mr. Ferguson requested the BCC to
continue the two referenced Growth Management Plan (GMP) amendment petitions to the next
[2006] GMP amendment cycle - despite having clearly withdrawn both petitions at the March 5,
2007 CCPC hearing, as noted later - and suggested that he was "forced" by the CCPC chailman
to withdraw the petitions, or have them acted upon at the March 5 hearing. After input from
County Manager Jim Mudd, the Board directed staff to return at June 12 BCC hearing to provide
full details.
The referenced GMP amendment petitions were submitted to the Comprehensive Planning
Department in April 2005. Petition CP-2005-3 was for a 5.17-acre parcel located at the
southeast comer of Immokalee Road and Wilson Blvd. The request was for a maximum of
40,000 square feet of commercial uses (oftice, retail and service uses), and also included
conditional uses of the residential zoning districts. Petition CP-2005-4 was for :t5 acres located
at the northeast comer of Livingston Road and Golden Gate Parkway. The request was for a
maximum of 40,000 square feet of office uses. Agents for both petitions were Ron Nino of
Vanasse Daylor and Tim Ferguson of Ferguson Law Group.
After thorough review, staff prepared the CCPC staff repOli for each petJtJon. Both were
recommended for denial based upon several factors, including inadequate data and analysis to
support the requests as required by the Florida Administrative Code. It is, and always has been,
the petitioner's burden to provide adequate data and analysis to justify and suppOli the petition.
[attached, please find a doeument titled Comprehellsive PiLl/! Amelldmellt Data alld Allalysis
Requirement]
/"".
The petitions were advertised for the March 5, 2007 hearing before the Collier County Planning
Commission (CCPC). At that March 5 hearing, Mr. Ferguson requested a continuance of both
petitions to the next cycle of GMP amendments. In response to the CCPC chairman, staff
advised that such a request would be viewed as a withdrawal. The CCPC chaimlan asked Mr.
Ferguson if he wished to withdraw the petition or have it heard that day. Mr. Ferguson replied
the changes to the petitions would be minor, implied the petition fees paid should be adequate to
cover the expense for the new staff reviews, and stated there was inadequate time to respond to
the staff reports, Joe Schmitt, CDES Administrator, advised that Mr. Ferguson could request the
petitions be continued to a later hearing date for the 2005 cycle petitions, so long as any changes
to be made were not substantial (due to the volume of petitions, several CCPC hearing dates
were set aside for the 2005 cycle; the CCPC held hearings solely on the 2005 cycle on March 5,
22 and 29). Mr. Ferguson did not request such a continuance to a later March date, and
Aaemia item No. '!OE
- June 12, 2007
Page 2 of 14
specifically responded to the CCPC chainnan, "if there's going to be no continuance, we'll
withdraw." Subsequent discussion revealed clearly that Mr. Ferguson withdrew both petitions,
and he even noted withdrawal was requested in an email to staff (though stafT notes the email
requests both a continuance to March 22, and to a later GMP amendment cycle), Staff does not
agree that the agent was "forced" to withdraw the petition, [attached, please find pages 4-8 of
the March 5, 2007 CCPC minutes; alld, a 3/5/07 email fi'om Ralldall Cohell, fiJrther articulatillg
staff's position that a continuance to another cycle is viewed as withdrawal, which includes a
3/2/07 email fi'om Mr. Robin Meyer at Vanasse Daylor requesting continuance to March 22
CCPC hearing if continuallce to another cycle cannot be done] Note: Unlike rezone petitions
and other land use petitions routinely reviewed by the BCC, and sometimes continued for a
period of a few weeks and/or remanded back to the CCPC for review, GMP amendments such as
these are statutorily restricted to two adoptions per year; thus, a simple continuance for a few
weeks is not an option, all such GMP amendment petitions must be adopted on the same date as
a single cycle.
Staff notes the County's fee resolution includes no provlSton for full or partial refund.
Historically, staff has issued a [full] refund if a petition is withdrawn prior to staff commencing
the mandated review for sufficiency; prior to that review, minimal staff time is expended in
processing a petition (i.e., assigning a petition number, preparing a fee receipt, preparing a
processing letter), Staff also notes there were dozens of persons in attendance at the March 5
hearing interested in (and we believe opposed to) most of the seven GMP amendment petitions
for properties in Golden Gate Estates; both petitions are for properties located in Golden Gate
Estates, Specific to petition CP-2005-4, there was a large tUl110ut at the Neighborhood
Infonnation Meeting and most of those that voiced an opinion were opposed.
In April 2007, petition CP-2005-3 was re-submitted by the same agents for the 2007 cycle of
GMP amendments requesting the same uses and standards but with some updated and/or
additional data and analysis, and Mr. Ferguson noted that the petition fee was paid under protest.
The BCC has three options:
1. Take no action, The effect would be petition CP-2005-3, re-submitted in the 2007 cycle,
would be reviewed in that cycle and the 2007 fee kept by the County to cover costs for
that review; petition CP-2005-4 could be re-submitted as a new petition, with
new/updated suppOli data, in the next (2008) or some other future cycle, including the
required fee.
2. Agree to the petitioner's request and allow the "un-withdrawal" of the two petitions and
"continue" both petitions to either the 2006 or 2007 or 2008 cycles, allow new/updated
data and analysis to be submitted and other petition changes, and not require new fees. In
effect, this would allow new petitions to be submitted but without payment of petition
fees.
3. Same as #2 - in effect, allow late submittal for either 2006 or 2007 cycle - except require
payment of petition fees.
Due to the backlog of amendment petitions, a "continuance" to, or allowed late submittal in,
either the 2006 or 2007 cycles would not delay either amendment cycle.
FISCAL IMPACT: Options #1 and 3 above would have no fiscal impact as the petition fees
would be submitted as required. Ifthe BCC grants a continuance of these petitions per option #2
2
Agenda Item No.1 OE
June 12.2007
Page 3 of ~i4
above, meaning the petitioner is not required to submit new petitions with fees, then the iiscal
impact would be the GMP amendment petition fees of$33,400 ($16,700 x 2 petitions).
GROWTH MANAGEMENT IMPACT: This policy decision has no GMP impact.
LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed this Executive
Summary. This is a policy decision within the Board's discretion.
RECOMMENDATION: That the Board not grant the request for a continuance; that is, not
choose option #2, rather choose either option #1 or #3.
Prepared by: David Weeks, AICP, Comprehensive Planning Manager
Comprehensive Planning Department, CDES Division
CP.05-3&4 ExSum 6-12-07 Bce - request for continuance to next GMPA cycle
G: Camp/Camp Plan GMP Data/Camp Plan Amendmenls\2005 petitions
dw!6-1-07
3
Page 1 or I
AqendilltOri 1\)0
12
.1of14
COLLIER COUNTY
EOARO OF COUN1Y Car"MISSIOljEF~S
ltemNumber:
Item Summary:
')E
j:::Cqu<:'SI tu C.:::rlll',ue Growth 1/dn;)g,,!TH]ll~ Piow A:'" WJiTl8nl PHi'_'~n5 CF',,~'UO,;.:: a:ld AIUJm
InE- =OO~; C:'1Cie of rJlclrl j,'ll<,;~dlllen'5 In Ih:; :'CC-6 Cj'l:ie iloSE':Jh f< SC~i:lllt: i,jrr;II!'Str8tor
Meeting Date:
::D:nrrlun,'y l.level'~prn,'ntJ
(:'11:.','200'7;'00 OC {,M
Prepared By
David Wed''', Ale?
ChiofPianner
D~te
Community DevcloplTlOnt&
Envirt!l1m"ntaIS"n.Ilces
CO'llprehe!1sl-,ePlanning
5/31/2007 5461f, PM
Approved By
J05PphK, Schmitt
Cammunily Duvelopment &
E,1VlrOlltlwntai Servjees Adminstrat"r
D"le
Community Development &
EnvironmernalServlces
Community DevelDllment &
Environmental S"rvice"Admin.
61112Cl072 WPM
Approl'pd 8y
OMB Coorclin~tor
U~mCoNdinator
Dat"
COlmtyl,1~n'.ger'" onic"
Gt!<ceof',1arl"gelnent & Bud(let
\i/~:2007 3.38 Plc1
Appruved By
hllUY '$~ckS()r1
Budgel Analyst
Date
CDunty Mar139"(s Office
omc," of r-/Lll!1:lg~l1l!!nt & 8Lld!J"t
fi/S:2J0710,52 ,1M
Approved B)'
J;,mesV Mudd
County M,m:!ger
D.1te
BoardofCqunty
Co"""i,Sloner,.
C "u nly t{ a na (I'" r'~; Offl CB
51&120071.54P'.1
AGENDA TRANSMITTAL SLIP I
~
/".<~enda Item ~~o, 1 JE
- JurE:; '12. 2007
PAGe:=;!)f 14
Agenda Item
#10
Date Submitted: 5/31/07
Requested Agenda Date: 6/12/07
APPROPRIATE HEADING (CIRCLE ONE)
(1) Invocation and Pledge of Allegiance (2) Agenda and Minutes (3) Service Awards
(4) Proclamations (5) Presentations (6) Public Petitions
(7) Board of Zoning Appeals (8) Advertised Public Hearings (9) Board of County Commissioners
X -.J (10) Count Manaqer's Report (11) Public Comments on General Topics 12) County Attorney's Report
L (13) Other Constitutional Officers (14) Airport Authority (15) Staff and Cornmission General
Communications
(16) Consent Agenda I U (17) Summary Agenda
Requested by:
Date: 5/31/07
Reviewed by:
Date:
5/31/07
David Weeks, AICP,
Com prehensive Planning Manager
Division Head:
Date: 5/31/07
Randall Cohen, AICP,
Comprehensive Planning Director
County Manager:
Date:
Joseph K. Schmitt, CDES
Administrator
Item Title: COMMISSIONER REQUEST TO OPEN THE 2005 CYCLE OF GROWTH MANAGEMENT PLAN AMENDMENTS TO
ALLOW A 2006 CYCLE PETITION TO BE MOVED INTO THE 2005 CYCLE,
List of Documents Attached:
1. Executive Summary (required)
3. March 5, 2007 CCPC Minutes
5.
2. Data & Analysis Requirements for GMP Amendment
4. March 5, 2007 Email
AGENDA TRANSMITTAL SLIP I
~
Agenda Item
#
Date Submitted:
Requested Agenda Date:
APPROPRIATE HEADING (CIRCLE ONE)
(1) Invocation and Pledge of Allegiance (2) Agenda and Minutes (3) Service Awards
(4) Proclamations (5) Presentations (6) Public Petitions
(7) Board of Zoning Appeals (8) Advertised Public Hearings (9) Board of County Commissioners
(10) County Manager's Report (11) Public Comments on General Topics (12) County Attorney's Report
(13) Other Constitutional Officers L (14) Airport Authority (15) Staff and Commission
GeneralCom mun ications
U (16) Consent Agenda U (17) Summary Agenda
Requested by:
Date:
Reviewed by:
Date:
Division Head:
Date:
County Manager:
Date:
Item Title:
List of Documents Attached:
1. Executive Summary (required)
3.
5.
2.
4.
,
Agenda Item NO.1 OE
June 12. 2007
Page 6 of 14
COMPREHENSIVE PLAN AMENDMENT DATA AND ANALYSIS
REQUIREMENT
Chapter 9J-5, Florida Administrative Code (FAC), "Minimum Criteria for Review of
Local Government Comprehensive Plans and Plan Amendments, Evaluation and
Appraisal Reports, Land Development Regulations and Determinations of Compliance"
sets forth the minimum data and analysis requirement for compreh~nsive plan
amendments. More specifically, Section 9J-5.005 "General Requirements" delineates
criteria for plan amendments in sub-section 9J-5.005 (2) "Data and Analysis
Requirements."
Sub-section 9J-5.005(2) states in part that "All goals, objectives, standards, findings and
conclusions within the comprehensive plan and its support documents, and within plan
amendments and its support documents, shall be based upon relevant and appropriate
data and analysis applicable to each element. To be based upon data means to rcact to it
in an appropriate way and to the extent necessary indicatcd by the data available on that
particular subject at thc time of adoption of the plan or plan amendment at issue.. . the
Department will review each comprehensivc plan [amendment] for thc purpose of
dctem1ining whether the plan [amendment] is based on data and analyses dcscribed in
this Chapter and whethcr data were collccted and applicd in a profcssionally acceptable
manner."
It is incumbent upon all applicants requesting comprehensive plan amendments to
provide supporting data and analyses in conjunction with any relevant support
documents. It is not the responsibility of Collier County staff to gcnerate data and
analysis for the applicant, although it is staffs responsibility to identify any obvious
shortcomings in the data and analyscs during the sufficiency rcview proccss and to
request additional infom1ation that is deemed essential in the review of the submitted
request for a plan amendment, e.g. a missing market study. Any outstanding deficiencies
with rcspect to data and analyses that may remain at the timc of any rcquisite public
hcaring arc the rcsponsibility of the applicant. A detailed synopsis of the adequacy of the
data and analysis for the subject plan.
All petitioners should be well awarc of the data and analysis requirements for
Comprchensive Plan Amendments. It is not up to staff to detcnnine why an agent would
submit inadequate data and analysis with an application for a plan an1endment. In some
instances adequatc data and analysis may not cxist. In others it is possible that the
petitioner was unable to complete the requisite data and analysis and submitted the
application hoping for approval as submitted or with thc intent to supplement the
application prior to the adoption public hearings. Thc last possibility is a petitioner may
not be aware of what constitutes adequatc data and analysis. With respcct to the last
possibility, it is not up to slafT to explain to an uninformcd or inadequately prepared
petitioner thc requirements of 9J-5, F AC. Rule 9J -5, F AC contains legal provisions and
comprehcnsive planning staff cannot providc what might be construed as legal advice.
The last thing that needs to transpire is for comprehcnsive planning staff to be accused of
the unlicensed practice of law and sanctions by The Florida Bar.
~.gencta Item NO.1 OE
JJ:l8 12. 2007
Page 7 of 14
Regardless of lhc three aforemcntioned possibilities with respect to data and analysis, it is
not incumbent on staff 10 detcrmine what a petitioncr thinks is adequate data and analysis
and why the petitioner has not submitted adequate data and analysis. The law regarding
adequate data and analysis is quite clear and has been for 22 ycars. In 1985 thc state
enacted lhe "Local Government Comprehensive Planning and Land Development
Regulation Act." As codified in section 163.3177(6) (a), the rcquirement for future land
use elements and maps are quite clcar whcrein lhe plan and thus future amendments must
be based upon studies and data regarding the arca. Subsequenl to the passing of the Act
in 1985, Rule 9J-5.005(2) (a), Florida Administrative Code was enacled 10 implement the
Acl wherein this provision explicitly states thal plan amcndmcnts must be based upon
relevant and appropriale data and analysis.
The interpretation of what constitutcs sound dala and analysis evolved with the initial
submittal of Comprehensive Plans for the early submittal county and its citics in 1988.
That county was Brcvard County. In 1989 the rest of the counties and municipalities in
lhe state submitted their rcspective comprehcnsivc plans. Therefore, lhere is 18 years of
DCA's guidancc as to what constitutes acceptable data and analysis.
Several petitioners and a few mcmbers of the eepc intimated lhat it is staffs
responsibility to advise petitioners when their data and analysis is inadequate. That
position articulated by the CCPC is perplcxing as the guidance is already set forth in the
Florida Administrative Code. Sometimes pctitioncrs go above and beyond 10 providc
dala and analyses for a petition for a land use plan amendment in ordcr to justify the
requcsled change. County stafT has no idea what a petitioner has available with respect to
dala and analysis and certain petitioners and some members of the CCPC were in esscnce
asking staff 10 step into the shoes of the pctitioncr.
The staff is a revicwer and by no means should thc staff be required 10 go back and forth
in perpctuity to address pctitions lhat do not have adcquate data and analysis. This is
unfair to other petitioners that have eonfon11ed wilh the Florida Administrative Code, and
pcrpetual revicw would delay lhe process and not afford thc counly to establish
transmittal and adoplion dates wilh ccrlainty.
The assertions by ccrtain petitioners and a fcw mcmbers ofthc cepc intimating that stafT
should be stepping into the shocs of an applicant are not warranted. Moreover, any
petitioner blaming the staff 1(". its inadequale submittal data and analysis cannot blame
the staff as the requiremcnls have bccn establishcd per the Florida Adminislrative Code
as set forth above.
GMPA Data and Analysis Requirements 5-31-07
G: ComplComp Planning GMP OATAIComp Plan Amendments
rc-dw/5-31-07
I
Agenda Item NO.1 OE
June 12, 2007
MarcFff''5',2160''7
If we get through those seven today, thosl are the only seven that
will be heard tQday. So if you're interested i,~ny of the others, and
there are 16 Qf them cQming thrQugh at thi~lime, those after that
number seven will start to be heard on the.'22nd of March.
Now, with that in mind, we'll gQ on/o the changes that have
occurred. And the first one, the four-acre change to commercial on
the CQrner Qf Weber and GQlden Gate Boulevard. And I'll need staff
to just acknowledge the record that this is consistent with what I
believe I received, That Qne has bee{l withdrawn, It will not be heard
x
today. And the staff member who ;was in charge was Mike BQsi. And
Mike, I dQn't see him here. Is thet'e any debate on that, Mr. Schmitt?
MR. SCHMITT: We recei{ed notification from the applicant.
The applicant's agent is here, I;lb can confirm that. But I will confirm
receipt in e-mail that it's beep' cancelled and withdrawn from this
cycle. That's CP-2005-1. if
CHAIRMAN STRAIN: Mr. Hernandez is the applicant's
representative. If either. fie or some other member would like to just
.
cQnfilID on the mic thai that is the case. I understand you're on
crutches. If you canjt;st yell, we can hear it.
MR. HERNAJ'4DEZ: Yes, sir, it's been withdrawn.
CHAIRMAN STRAIN: The court repQrter -- thank you.
I was approached by the agent for applicant -- the application
number three and number four, the one for Wilson and Immokalee
Road and the one for Golden Gate Parkway and Livingston Road.
The applicant has asked for a continuance. The applicant's agent has.
And that was Mr. Ferguson. I'd like Mr. FergusQn to approach the lruC,
if he could.
MR. FERGUSON: For the record, Tim Ferguson.
CHAIRMAN STRAIN: Can you repeat what you'd like to see
happen with items three and four?
MR. FERGUSON: My request for items three and fQur is they
be continued tQ the next cycle.
Page 4
P.gsnda !t~m No.1 OE
J~J:le 12, 2007
MarclrB,92D07
CHAIRMAN STRAIN: Okay. Now, as far as staffs reaction to
that, county attorney's reaction, if any. I need to understand from
staffs perspective what kind of impact that has and what it means to
staff. And the timing as well.
MR. WEEKS: For the record, David Weeks, planning manager
in the comprehensive planning department.
Commissioners, a continuance to the next cycle is viewed by
staff as a withdrawal. New data will have to be submitted. The
petition will have to be reviewed completely all over again. In our
opinion, it would be completely inappropriate for the taxpayers to
have to pay for that. That's should be the petitioner's.
CHAIRMAN STRAIN: Mr. Ferguson, are you willing to -- do
you want to withdraw then or do you want to continue it today?
MR. FERGUSON: Well, in response to that comment, you
know, my client's paid $16,800 to have this reviewed. The
applications will be substantially the same as they already are. Minor
changes to the application.
We believe that after two years of wait that we should have the
same two years to be able tQ get this done. I mean, we've had two
days since -- we had two days to respond to the staff reports in two
years, and we just think that's a lack of due process.
And we n with all due respect, we understand staffs, you know,
problems with being able to, you know, get to these. But on the other
side we think that it's only, you know, fair and due process to allow us
to continue to the next cycle.
CHAIRMAN STRAIN: Well, we're going to stmt taking apart
your comments piece by piece so we can understand how it applies,
Now, as far as staff and the county attorney, I'm assuming that
the request -- that this becQmes a withdraw is something you agree
with from staffs perspective?
MS. STUDENT-STIRLING: I dQ agree with that. I -- because it
would have to be reevaluated again, and this isn't like a rezone or
Paoe 5
to
, !'
Agenda Item I~o. 10E
June 12 2007
Maretil'5; CWlJ7
really a quasi judicial thing, so I'm not sure hQW due process gets
involved.
This is something that the planning commission and the board,
upon the planning commission's recQmmendation, looks at the PUD in
our legislative document, which is our comprehensive plan. And I can
certainly understand that conditions change over time and staff would
have to have another look and revaluation of it, so I'm in agreement
with staff.
CHAIRMAN STRAIN: Okay, Mr. Schmidt, Corby Schmidt,
member of staff, can you tell me when you sent the staff report to the
petitioner?
MR. WEEKS: I can answer that.
CHAIRMAN STRAIN: Okay, Mr. Weeks?
MR. SCHMIDT: Or Mr. Weeks.
MR. WEEKS: They were sent on Monday, I believe that was the
26th of February.
CHAIRMAN STRAIN: The same day we received them.
MR. \VEEKS: You received them that day. We sent ours by
e-mail, so instantaneous. One or two I think was sent on Saturday, but
most were sent on Monday, which would be exactly one week from
tQday.
And I need to be clear, I'm specifically refelTing tQ the first seven
agenda items.
CHAIRMAN STRAIN: When you said Saturday, you mean the
Saturday prior to last Monday, not Saturday two days ago.
MR. WEEKS: COlTect.
MR. SCHMITT: Mr. Chairman, can I offer?
CHAIRMAN STRAIN: Yes, sir.
MR. SCHMITT: If the petitioner does not want to wait till the
next cycle, they can continue it for a hearing later in this cycle. Of
CQurse we dQ have subsequent hearings scheduled later in March. But
if there is a substantial change to this, and I think the -- I WQuld ask
Page 6
Ac-end-3 li<:::'ill r'Jo. 10E
~ JUri-S 12.2007
MarEhJ5; 2'OCf7
the petitioner what is going to change and if it's a substantial change, it
is in fact a reapplication.
CHAIRMAN STRAIN: The other issue I need to ask the
applicant then is are you wanting to withdraw this, or are you still
wanting -- think you're going -- you're not going to continue it with
this meeting here today, you want to withdraw it?
MR. FERGUSON: If there's going to be no continuance, we'll
withdraw.
CHAIRMAN STRAIN: Okay. Are you speaking on behalf of
CP-2005-3 and CP-2005-4?
MR. FERGUSON: That's correct.
CHAIRMAN STRAIN: So you're withdrawing both three and
four.
Ms. Student, is that sufficient enough for a withdraw?
MS. STUDENT-STIRLING: I believe it is. I'll ask staff if it's
sufficient for their purposes.
Are the statements on the record sufficient for staffs purposes to
constitute a withdraw, or do we also want to have that followed by
something in writing? I think: maybe it would be good to also have a
letter to follow that up from the applicant's agent.
MR. WEEKS: I think it would be preferable to have it in writing
from the agent.
MR. FERGUSON: Well, we already have an e-mail to you. Is
that going to be sufficient?
MR. WEEKS: Is that for the same two petitions, three and four?
MR. FERGUSON: Yes.
MR. \VEEKS: That would be sufficient, thank: you.
CHAIRMAN STRAIN: So for the public's benefit, what has just
now happened, we have three out of the seven that will not be heard
today. We will not be talking about Weber and Golden Gate
BQulevard, it's been withdrawn.
We will not be talking about Wilson and ImmQkalee Road, it's
Page 7
T
Agenda Item NO.1 OE
June 12, 2007
P\lqP 10 oJ: 1"
Marcri 5, Lu07
been withdrawn.
And we will not be talking about Golden Gate Parkway and
Livingston RQad, that has been withdrawn. ThQse three applications
are no longer on the table, they're off the agenda, they're not at this
time applied for as a comprehensive plan amendment.
So if you're here for any of those items, we will not be hearing
them.
And as soon as the room has time to clear, will give it a few
minutes and we'll continue. ,/
Okay, now we can go on with the rest of tIte agenda. We still
have four petitions left. /
The first one that we will hear is CP-200S-2, and it is for Golden
Gate BQulevard and Wilson. It's an amendment to the Golden Gate
Area Master Plan for an additional 60,000 square feet at the
intersection of Golden Gate Boulevard and Wilson on an
approximately seven-acre site,
Mr. Weeks, what's the normal way you'd like to proceed in this?
I'm assuming you want the applicant's presentatiQn first?
Occasionally staff has an overall discussion they want tQ provide to
us. It's your latitude at this point.
MR. WEEKS: Thank you. And I would like to make a few
general comments before we proceed with specific petitions.
And Commissioners, your protQcol is that the petitioner would go
first in presenting their request, and then staff would present the staff
report, and of course question~:and dialogue throughout the process.
First is just to make sure that everyone is aware, and most
particularly the audience, that specifically the purpose of today's
hearings are to discuss Grmvth Management Plan amendments,
rezoning for conditional uses or other types of petitions that typically
are on your agendas.
SecQndly, this is the transmittal hearing. Growth Management
Plan amendments such as these go through two sets of hearings:
Page 8
;\q2nda f<i\MJvof:'t
~ June 12,2007
Pa;i8 12. of i ,4
weeks_d
-..---..--..---------- .-. _.__._-,~ -- --~--- _._.~ . .---., _...__._--~_.-
From: Cohen Randall
Sent: Monday, March 05, 2007 7:45 AM
To: weeks_d; MoscaMichele; SchmidtCorby; 'rmeyer@vanday.com'; 'ferglaw@earthlink.net'
Cc: SchmlttJoseph
Subject: RE: Continuance Request Part" CP-2005-3 & 4
David:
You are correct that these items \,....ould require a new submittal and new fees if withdrawn. Mr. Meyer needs to
specify his intent as action will be taken by the CCPC to either withdraw the pefltions or to continue the review by
the CCPC to a date specific. His correspondence first indicates that he would like to withdraw the petitions and
then he notes the possibility of a continuation until March 22, 2007. Our meeting dates for the cepc are static
with specific BCC transmittal public hearings that are cast in stone. Thus, these petitions cannot be indefinitely
continued or continued to a date that is convenient to a petitioner if it adversely affects the BCC transmittal public
hearing dates or the anticipated schedule of the cepe with regard io the review of the 05 amendments. As you
are aware the 06 cycle is 110'.'.1 closed which would resu!l in the agent for tlie subject properties having to
resubmit. With any new submittal, which will have a change in circumstances that will occur associated with time,
new studies. etc., there are attendant costs livhich you enumerated be)mv lJ'I'hich would run with the review and
presentation of the petitions that would be forthcoming in a future cycle. By no means will this be treated as a
continuance to a new cycle. If the applicant chooses to Withdraw his petition Collier County should be notified
acccrdingly. Your points are well taken that from a review perspective that the staff r-eview would be starting over
and aJ! casts will be incurred by any future applicant in a GMt=' amendment cycl-9.
Randy
From: weeks_d
Sent: Sunday, March 04, 2007 3:41 PM
To: r"'oscaMichele; SchmidtCorby; 'rmeyer@vanday.com'; 'ferglaw@earthlink.net'
Cc: Cohen Randall
Subject: RE: Continuance Request Part II CP-200S- 3 & 4
~obin,
On 3/5 y'ou mEY request 2 GCHlti:luancc to r/iarch 22; It is up to cepe to ac:t on such a request - sia.ff cannot gra.nt
It.
Continuing to a future cycie would be viev_'ed by staff 23 a wlthdr'3wal, therefore requiring new submittal and new
fees. In the new cycie, even if proposed text and/or map chang2s to th"3 GfviP sre not revised from the present
submittal, the petition would have to be revised to include latest envil.onmental and traffic impact iniormation,
corn'l n,;-eds assessment/mal'ket stud;l, possibly Other data and analysis updates, ne'lv sufficiency reviews by staff.
new sutlslantiv'3 reviews by staif, nel:\! r.JII\~ meeting held, new legal ads for cepe & Bee hS3rings, new staff
reviews and report prepar3tlon, etc. - st':-:li1lng all over. The costs for the s~aff ~svie\f/s, elc. in that next c}'cle
should be covered by pei:iicmer, not g-3n'2ral i2):;:'2yers. t\~J, thjs is not spelled out in any Drjinance or other
adopted cocument that j kn,;)v,' of.
David Weeks, AJCP, Planning M2n~ger
Collier County Government
Community Development & Environnlsntal Serv'~~~ Di\'lSion
Comprehensive Planning DC~}2rtmeilt
2800 North Horseshoe Drive
l~aples, FL 34104
phone: 239-403-2306
fax: 2:19-2-13-2946
emai 1: d,'i'J c;r",--" Ii. T>:'f.
5/31/2007
I
Agenda li'~eNbofck
June 12. 2007
Page 14 of 14
From: MoscaMichele
Sent: Friday, March 02, 2007 4:32 PM
To: weeks_d; SchmidtCorby
Subject: FW: Continuance Request Part II CP-200S-3 & 4
It appears that a continuance is being requested rather that a re-submittal wi required fees.
From: Robin Meyer [mailto:RMeyer@vanday.com]
Sent: Friday, March 02, 2007 1:39 PM
To: MoscaMichele; ferglaw@earthlink.net
Cc: Jayne Bradbury
Subject: Continuance Request Part II
Michele, please add this email as an addition and part and parcel of my previous email sent earlier today as it
relates to the Gonzales CP-200S-3 and Townsend CP-2005-4 GMP amendment applications. When i said I
wanted them continued to the 2007 or 2008 cycles I meant which ever comes first. Second. I am not aware of
any statute, ordinance. rule or regulation that would preclude us from making and being granted the request that I
am making. If there is any limiting language please bring it to my attention immediately. I am also requesting the
right to add these applications to the March 22 hearing. at the end of the agenda, if there is any problem that
would bar the request to continue these applications to the next cycle. Thank you.
Robin D. f'/leyer, AiCP
Direcior of Planning and Design
VanasseDaylo:
i 27:3J H(~v,!
8ouieVL;,:'j. SUlt<:: CoCi(J
Fe:-!
r~t1. 2~'.9-i,3f'2Ei:;1
Fi.\)( 2::.'9<537 .:{:;36
~:mc;i:: <.C:T1
5/3112007
Agenda Item No. 12A
June 12. 2007
Page 1 of 10
EXECUTIVE SUMMARY
Recommendation to approve a proposed settlement relating to Pareel 132 in the
condemnation lawsuit styled Collier County v. Panther Key, LLC, et al., Case No. 06-1456-
CA (County Barn Road Project No. 60101). (Fiscal Impact $746,050.00)
OBJECTIVE: That the Board of County Commissioners approve the proposed settlement
memorialized in the attached Stipulatcd Final.ludgment for payment of full compensation, expert
fees and costs for the taking of Parcel No. 132 in the lawsuit styled Collier COlfllZV v. Pallther
Key, LLe. et al., Case No. 06-1456-CA(eounty Barn Road Project No. 60101).
.-'
CONSIDERATIONS: Respondent, Panther Key, LLC ("Owner") owned a 9.62 tract of
unimproved land fronting on County Barn Road. 4.36 acres of this tract were needed for a pond
site for the County Barn Road project. In March 2006, stafT made its statutory offer to purchase
Parcel 132 (4.36 acres) for the sum of $959,200. A copy of an aerial showing the whole tract
and outlining the take area is attached. The Owner rejected lhe offcr, but otTered to sell the
entire site to the County for 2.3 million. Although interesled in lhe purchase, the right-of:way
staff were unable to find other departmenls or programs willing to sharc in the acquisition of the
entire 9.62 acre tract and movcd forward with condemnation of the property. The County
acquired Parcel 132 on December 1, 2006, by depositing its good faith eslimale of value in the
amount of $837,500 pursuant to a Stipulatcd Order of Taking cntered by the court. The case was
set for a 4-day tIial starting on August 28, 2007.
Both the County and the Owner's appraiscrs have concluded lhat the remainder property has
been damaged by the loss of frontage and the 45% reduction in size resulting from lhe taking.
Accordingly the property's highest and best use has changcd from a multi-family (29 unit)
residential development to two single-family lots. The primary diffcrence between (he two
appraisers' opinions is the value of the remainder propcrty, which inversely affects the amount of
sevcrance dan1ages. The Owner sccks compensation and damages in the amount of $1,540,000.
Although the County's appraiser's initial estimate of compensation is $837,500, this value is
expected to rise upon completion of a revised appraisal report for lrial.
,-'
A mediation was held on ApIiI 25, 2007, where lhe Owner, after facloring in attorney's fees,
costs and interest, made a tolaI claim of $1,806,740. An impasse was rcached. Subsequcntiy,
the County and Owncr, through its attorney, were able to negotiate the purchase of the cnlirc
9.62 acres tract tor $1,400,000, as a means of resolving the litigation. This sum is significantly
lower than the pre-take appraised value and the Owner's original demand. (The Counly's
appraiser valued the entire property at $1,731,600, and the Owncr's appraiser valued it at
Sl,972,100.) By purchasing the cntire site, the Counly can dispose of all claims for
compensation and damages arising out of the taking of Parcel 132 at a reasonable cost and
acquire additional land at a significantly reduced value to be cither used for future mitigation or
surplused and sold. When reaching this scttlcment, staff considcred its overall exposure at trial,
including the County's litigation expcnses, the prospects and cost of success at trial and the
appraised value (between $433,950 and $894,000) and potential future use of the 5.26 remainder
property. Comparing the worst and best casc scenario, an Owner's verdict at tria] would cost
Aaenda Item No. 12A
~ June 12 2007
Page 2 Df 10
the County an estimated SI.9 million (compensation/damages of $1,540,000, attorney's fees of
$165,200, defense costs of $80,000, statutory interest of$58,OOO and County litigation expenses
of$60,000). On the other hand, a County verdict would still cost lhe County an estimated $] .18
million. For an additional $200,000, the County can acquire propcrty valued in excess of
$433,950.
After consideration of the foregoing, staff recommends approval of this scttlemcnt. Attached is
the proposed Stipulated Final Judgment, which memorializes this settlement. If approved, the
County will pay the following costs:
. Additional Compensation:
($1,400,000- $837,500)
. Expert Witness Fees:
. Statutory Attorney's Fees:
TOTAL
$562,600.00
$ 50,000.00
$] 30.200.00
$742,800.00
FISCAL IMPACT: Antieipatcd closing costs, including lille insurance, are estimated at
$3,250. The cstimated fiscal impact is $746,050.00. Funds in the amount of $746,050.00 are
available in the FY 2007 adopted budget. Source of funds are Impact Fees and/or Gas Taxes.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDA nON: That the Board of County Commissioners:
I. Approve lhe proposed settlcment as memOlialized in the attached Stipulated Final
Judgment as 10 Parcel No. 132;
2. Approve the cxpenditure of funds as stated.
3. Authorize stafTlo take all necessary steps 10 insure that good and marketable title
is conveyed and all appropriate instruments are recorded; and
4. Accept the 5.26 acre remaindcr property upon recording.
PREPARED BY: Ellen T. Chadwell, Assistant County Attorney
2
Item Number:
Item Summary:
Meeting Date:
(-'lSl01
COLLIER COUNTY
BOAlW OF CQurHV C()IV1MISSIONEF~S
1::,1;.
"E',- ..rrmlel!J8t'U:: tc 8pprov~ OJ pcoposed ~elllelnerl\ r€lat!I-,g to f'ilrr.e' 13:' In t'\8
~mUerlFU1IQ'-" I,w-,~'uii s~ylcd Col!:er COU'lty v F\wmH kuy. LLC. et ,'11 CdS" "ju 00-14:;6-
_,f", 'CoUI-,iy 3an- Road f 'eject No [jD1Ul) ;'iseal in:pa<:1 S~,,~C USfL::-1
,112.':CD~' <:; DC un i"M
!\Sbistan1 Countyl\ttorney
Date
Prepan'd By
Ellen T. Chadw!,1I
::-.ountyAttorney
CNJflly Attorney Olf;ce
5i4/2rJ074:4G:l5PM
As"istant County Atwrney
D~le
Approvt'd R~'
Ellen T, Cllauwflll
Count)'Atlorney
County Atlorn"y Office
51l1/200711:4L AM
Tr~n~portation Division Administrator
Date
Approved By
Norm E. Feder,AICP
Transportatiort5ervjees
rr~nsportationServiee&Admin
51'0.'2007 7:4t AM
r,'lanJ>,cmenllS"dgdAnalyst
Dme
Approved By
L'silTilylar
TransDort,ltion Serv;ce~
TritnsjJortationAdministration
5110/2007 B,S:AM
Di,..,ctor
Dote
Ap[lrun>dUy
Naj(,tl/Jhmad
Transportntion S"rvi~es
Transportation Enginocring &
Construction Management
5/181200710,17 AM
ck,te
Allpro\'cd By
Kr,,,,,, t-j~ndricl<s
Tril:1Spor!nhOr1Sc-,'iec&
Ri;;hl or W"y Acq\Ji~ll,(!n M.1n"ger
n:crr,.R:)W
51"entiO:- 2:0, PM
Apllro\'l'd Uy
Accc.urltlnn SUf.'E-rvi,.oor
DJte
Sharon ~j.,wmilrl
Tr;a'~p()rt"!lon ""rvle\'&
r'riln"I'",~.di",) Se."'lce,j.\dmin
Si22,'1()07'7", PM
C""nt,'/,(("rney
Dilte
Appru,'cd Uy
coav,dC. \'/elgel
County Attnr,,,,l'
C""nt,.AUonw"C'Jlfice
5.':;0'1007 83[ id'l1
O;'i~a :::,_,urdinator
r},~te
Appro'cd Uy
Ul>,~B Coordinator
CDunly r'~ilnJgCt S Or,iClOe
(Wice Q~ !,1,:r"'9,:ment & 8u6g('(
(;1'.'2007 0, 1~ ,~M
i\pl'ru\'cd B)
D"le
';;"~J" U',h",r
County ;,o1'"age- S O~tice
"ern", ri-Jn;;fjt:'\1(,"i;n"C,1Ci ;'."I~;"S\
Office c~ ':.~n~\)"rnem Ii. a'H!g"t
fi,"f?(l0711:2\J'.M
r/.:1I1Jge,r'em& Budget Director
::J,,\e
ApprO\l.d By
~"ichae! Srnykow"ki
Coullty M1lIl~ge(o Office
Office of MJnag<cmenl & B\Jc'!;Iet
6,1'i2Q{j712:HPM
D:1t"
AppnlH'd By
J2n,es V, \1u;id
S""cd QfCuunty
C0rnmIS~d">l1',r~
('Jurt,.. ~1Jnaqcr
Count', r.1ar.;,g""~' Ofji<:e
"jl,nC7 12' '-'I'~
!'",Clenda Item r\!o. 12A
~ ,1~:18 2,2.007
PaJE: 4 of '10
AERIAL
Collier COllllty v. Panther Key, Parcel 132
(Panther Key property highlighted in yellow, Parcel 132 take area identified
by purple lines)
l
rW,1lW=
. ...
,.
'""""".'''t'':'''''''-'._~''''''''~
1*>-:'_ >: '.
T
Agenda Item No. 12A
June 12. 2007
Page 5 of 10
IN THE CIRCUIT COURT QF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER CQUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, FLORIDA, a
political subdivision of the State of Florida,
Petitioner,
Case No. 06-1456-CA-CAE
v.
PANTHER KEY, LLC, et aI.,
Parcel: 132
Respondents.
/
STIPULATED FINAL JUDGMENT
TillS CAUSE having come before the Court upon Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondent, PANTHER KEY, LLC, by and through their
undersigned counsel, for entry of a Stipulated Final Judgment as to Parcel No. 132, and it appearing
to the Court that the parties are authorized to make such Motion, the Court finding lhat the
compensation to be paid by Petitioner is the full compensation due the Respondent, PANTHER
KEY, LLC, and the Court being olherwise fully advised in the premises thereof, il is thereupon
ORDERED AND ADJUDGED that Respondent, PANTHER KEY, LLC, have and recover
from Petitioner, COLLIER COUNTY, FLORIDA, the sum of One Million Four Hundred
Thousand and No/lOO Dollars ($1,400,000.00), which includes the good faith estimate of value of
$837,400 deposited by Petitioner for Parcel No. 132, as full payment for the property interests taken
as Parcel No. 132 and for damages arising therefrom, business damages, statutory interest, and for
the Respondent's conveyance of lhe remainder property; it is further
ORDERED that Petitioner will be entitled to a credit for the good faith estimate of value
previously deposited in lhe amounl of $837,400; it is further
item ;-Jo. 12A
JU:;8 :2. ~~:f~i7
6 ~;f 10
ORDERED that Respondent shall receive pursuant to Florida Statutes ~73.092(1), as a
reasonable attorney fee, the sum of One Hundred Thirty Thousand Two Hundred and No/lOO
Dollars ($130,200.00), based on a benefit of $440,800. No other attorney's fees shall be awarded in
connection with this cause; it is further
ORDERED that Respondent shall receive as full settlement of any and all claims for expert
fees and costs the sum of Fifty Thousand and No/lOO Dollars ($50,000); it is further
ORDERED that Respondent shall convey good and marketable title to the 5.26 acre
remainder property idcntified in Exhibit "B" attached hercto to Petitioner by Warranty Deed wilhin
forty-five (45) days of entry of this order; it is further
ORDERED that within forty-five (45) days of entry of this order and conditional upon
receipt of a properly executed Warranty Deed conveying good and marketable title to the remainder
property, Petitioner shall pay the total amount of Seven Hundred Forty-Two Thousand Eight
Hundred and No/IOO Dollars ($742,800.00) made payable to The Boatman Law Firm, P.A. Trust
Account, c/o James A. Boalman, Esquire, 1415 Panther Lane, Suite 340, Naples, FL 34109, for
proper disbursement in accordance with lhis order; it is furthcr
ORDERED lhat title 10 Parcel No. 132, in fee simple, being fully described in Exhibit "An
attached hereto and incorporated herein, which vested in Pctitioner pursuant to the Stipulation to
Order of Taking dated Novcrnber 20, 2006, and the deposit of money herctofore 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 4099, Page 949 of the Public Records of Collier County, florida be
dismissed as to Parcel No. 132; and it is further
ORDERED that pursuant to Scclion 74.051(3), F.S., the Clerk of Courts shall disburse the
interest earned on the funds on deposit in the amount of
to Collier County Board of
T
I'
Aaenda Item No. 12A
'-' June 12. 2007
Page 7 of 10
County Commissioners, c/o Ellen T. Chadwell, Assistant County Attorney, Office of the County
Attorney, 3301 East Tamiami Trail, Naples, FL 34112; it is further
ORDERED that this Stipulated Final Judgmenl is to be recorded in the Official Records of
Collier County, Florida; it is further
ORDERED that this Court retains jurisdiction to enforce the terms of this Stipulated Final
Judgment; it is therefore
DONE AND ORDERED in Naples, Florida, this _ day of
,2007.
Cynthia A. Ellis
Circuit Court Judge
conformed copies to:
Ellen T. Chadwell, Esquire
James A. Boalman, Esquire
E. Glenn Tucker, Esquire
Kevin Hendricks, Trans/ROW A
Accounting
JOINT MQTION FOR STIPULA TED FINAL JUDGMENT
The Parties hereby stipulate and respectfully request this Court to enter the foregoing
Stipulated Final Judgment.
Dated:
Dated:
JAMES A. BQA TMAN, JR.
Florida Bar No. 130184
The Boatman Law Firm, P.A.
1415 Panther Lane, Suite 340
Naples, FL 34109
(239) 591-6757 - Phone
(239) 236-0376 - Facsimile
ATTORNEY FOR RESPONDENT,
PANTHER KEY, LLC
ELLEN T. CHADWEL
Florida Bar No. 0983860
Assistant County Attorney
3301 East Tamiami Trail, 8th Floor
Naples, Florida 34112
(239) 774-8400 - Phone
(239) 774-0225 - Facsimile
ATTORNEY FOR PETmONER
EXHIBIT-.f\_
PageL of2.
'ct SIMPlE
INTEREST
1 OAgenda 11em No. 12.11,
C JCJne 12. n07
P9g9 8 of '10
SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLUrR COUNTY, FLORIDA
PARafL NO. "/flctL \32
PROPtRrr OWNER: "Atmml K!'Y l' "
BOUNDARY.I< 7OPo::RA"HIC SUR\EY OF ALL '!HAT P...IIT or
Tl-E SOUlHWC:ST 1/04 01" SECT1~ 17 TOWNSHIP ~o NORTH
"-ERJJlGE25EAST,COLUERCOUIIT'rf'tOFllDJ,
55 NOU
!ii! I<
=::- aNDACE..-
hotOKlalW~..p.......~.ltlo.n.O........,.,...
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^ b
Y ~
~
N~ !'j
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FOUND 4X4 i
CONC.~ETE"
N10NU/JalT l!!
STAMPED ~ ~
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"'
1J+Qll~:::,:
",.~
SAND 8~G
HEAOWAU
(FJdUNG)
.'
(wrTh'ESS CORNER)
FOUND 4XoI- CONCRF:TT:
lAONUMDii
5TI4I.1PF:[) LS 154.3 PriM
$O(JTH.JO.2,'
[AST O..J5'
JIltlQ?M!Rf" u.KE a..ue
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FOUND 4X4 f
CQ'ICRETf
COLUER
MONlMENT
1I.E:Ff:RENCF::~opc~o
BENCHMARK C8R-6.A.
N 65H<JJ.76
E 415588.00
ill E'~"Y. - f/S4
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r- (100 R.OoIt) SURw:-Y E/A-<:;ruNE
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CORP O.R. l.uf, PC, 2121
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Mir:rTHE,stoF THES:lOF7HE:
S!'$ OF THf: Sit' :l OF SfC1IDH a.
r.sos. R2f$E; LESS THE liEST ::50'
FlIT ANC 'THE soum .)0' flIT.
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L:GAL D:::S~RIPnON AND SKETCH SKEET 1 OF 2
DESCRIPTION; PARCEL \32
CUEN,: COWER C8UNT'r lRANSPOR1A1l0N DIVlSIJN
ev,
GEORGE. W. HACI<NEY, P.S.M. NO. 5506
SCALE: 1".. ll'ln' DAlE: J,/LI</ R ?OO/;
DRAWN ay,~ PROJECT NO,,~
ACADND:~ P~ENO:~
,
EXHIB~T-A-
Page .1 of ,.,
~-
1 ngenda Item No. 12A
U f' June 12. 2007
\J Page 9 of 10
ct, SIMPlE
INTEREST
PARCEl. NO PIJtcr! 132
PROPERTY OI\NER: P~>lTHFJt KI"\' II ~
SECTION 8, TOWNSHiP 50 SOUTH, RANGE 26 EAST
COWER COUNTY, fLORIOA
RefERENCE:: nit T77(l pc .n
LEGAL DESCRIPT!ON OF PARCEL 132
All THAT PART OF THE SOUTHWEST '/4 0'" SECll0N B.
TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLUER CQUNlY
fl.DRIDA. BEING MORE PARTICULARLY DEjSCRIBED 'AS
FOLLOWS; ,
"THE WEST HALF OF THE SOUTH HALF OF n;E SOUTH
HALF OF "THE SOUTHEAST QUARTER OF THE SOUTI-HVEST
QUARTER OF SAID SECTION B LESS THE WEST 50.00 FEET
THERE OF FOR COUNTY BARN ROAD RIGHT OF WAY
PURPOSES AND lESS THE SOUTI-fERLY .30.00 FEET
lHEREOF.
CONTAINING 4.35 ACRES OF LAND MORE OR LESS;
SUBJECT 10 EASEMENTS AND RES"JRICTl(1..jS OF REcORD;
AGNOll. BARBER AND BRUNDAGE, fNC
PROFESSIONAL ENGINEERS, PLANNERS & SURVEYORS AND
MAPPERS
r:i'NrRAI Nn-rr<;.
1. DIMENSiONS ARF: ,N fEET ANI) DE"CIAIALS 1HEREOF'.
2. CUf1YE" DIMENSiONS ARE" AS FOL,lOI\$:
0. .. OEt TA ANGL~. R .. RADIUS. A - ARC DISTANCE,
C/'/ _ CHOND DISTANCE" .vm CHB .. CHORD 8E.ARJNG
.! P.D-B. _ POINT or BE"GJNNING.
." P.O.c... POINT OF CDMMQlCD.iDlT.
S. BEARINGS ARE BASUl ON
l.CiiQ!Jl
. = SET IRON ROD/CAP
@ "" fOUND Pi< NAIL d: DISC
m :: IRRIGA nON CONmot.. BOX
Jill" WA TER M~rrn
[!).. UNlrrD TrrEPHONE SYSTEMS RISER
......:: WATm VALVE
. = BACK FLOW PREVENTER
:Q:.. CL~ANOUT
8::ll.1ND),R"l' fL TOPOGRAPHIC SJR\1:"l' O,.l.LL 1J.JAT PART Of
THES~1Hv.EST1/4OFSEC'lTON17TO'l!NSH)fl'50NOR1H
mEw.FWiGE:25EAST.t:OLUERCQUNTYftORlOA
I:: au
jjiu. "'.
III... At::!:.-
p,."1..dooD&l~pJ.o__"',,,J&...(~..
____...-'___..SO..__I1l1
....------ --..........---
.._~-..-...._- ....(---
~GAL DESCRIPTlDN AND SKETCH SHEET 2 OF 2
DES::::i<JPTION: PARCEL 1.12
CUENT; COUJ::R COUNTY 1RANSPOR1A nON DIVISION
BY;
GE:ORGE W. HACY,NE:Y, P.S.M. NO. 5506
SCAL.E; 1'.. 100' DAlE: ,IAN!) '7006
DIlAV,N BY;-...Ill.A ?ilOJ<CT NO.:~
ACADNOoQV'''''<; F1L'ENO,~
item r'Jo. 12.A.
cLHl8 "12. 2}~:'7
10 Dr 10
EXHIBIT "B"
Leeal Description of Remainder Propertv
THE EAST 'Iz OF THE SOUTH Y2 OF THE SOUTH Y2 OF THE SOUTHEAST 'I.. OF THE
SOUTHWEST 14 OF SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER
COU!\TTY, FLORIDA, PLUS THE SOlHH 30 FEET OF THE WEST Y2 OF THE SOUTH '/2
OF THE SOUTH 1/2 OF THE SOUTHEAST 14 OF THE SOUTHWEST 14 OF SECTION 8,
TOWNSHIP 50 SOUTH, RANGE 26 EAST, LESS THE WEST 50 FEET THEREOF FOR
COUNTY BARN ROAD PURPOSES.
CONTAINING 5.26 ACRES OF LAND MORE OR LESS.
r' I'
Agenda Item No. 12B
June 12, 2007
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation to approve the Offer of Judgment in the amount of
$1,250,000 as to Parcel 132 in the lawsuit styled CC v. Panther Key, LLC, et
al., Case No. 06-1456-CA (County Barn Road Project No. 60101). (Fiscal
Impact $505,300.(0) (THIS ITEM IS COMPANION ITEM TO PANTHER
KEY PROPOSED SETTLEMENT TO BE CONSIDERED IF
SETTLEMENT IS REJECTED).
OBJECTIVE: That the Board of County Commissioners approve and authorize the making of
an Offer of Judgment pursuant to 9 73.032, Fla. Stat., to Respondent, Panther Kcy, LLC
("Respondent"), in the amount of $1 ,250,000, as full compensation, exclusive of attorney's fees
and costs, for the acquisition arising out of thc condemnation of Parcel 132 in CC v. Panther
Key, LiC, et al.. Case No. 06-1456-CA (County Barn Road Project No. 60101).
CONSIDERATIONS: On Deccmbcr 1, 2006, Collier County deposited $837,400 into the
Court Registry and acquired title to Parcel 132 in accordance with the Stipulated Order of Taking
entered on November 21,2006. This case has been set for trial slarting on August 28, 2007. The
parties have reached a tentative settlement in this case that is being considered by the Board of
County Commissioners simultaneously with this item. If the Board rejects the proposed
settlement, the County Attorney's Office would like to make an Offer of Judgment in the amount
of $1 ,250,000, as full compcnsation for lhe property taken, exclusive of attorney's fees and costs.
Sce attaclunent. Rcspondent asselts a compensation claim in lhe amount of $ 1,540,000. The
making 0 f the Offer will require Respondent to carefully assess thc likelihood of success at trial.
If the offer is not accepted within thirty (30) days and Respondent fails to recover more than
$1,250,000 through jury verdict, the County will not be required to pay any costs, including
appraisal and other expert fees, incun'ed by Respondent aftcr the date of the ofTer's expiration.
Should the Respondent accept, the County will be required 10 pay as follows:
. Additional Compensation for Parcel
. StatutOlY Attol11cy's Fees
TOTAL COST:
$412,600.00
$ 92.700.00
$505,300.00
Additional information regarding the relative positions of the parties on damages can be found in
the executive summary to the proposed settlement and stipulated final judgment as to Parcel 132
in Collier COllntv v. Panther Kev, LLC,
FISCAL IMPACT: Funds in the amount of $505,300 are available in the FY 2007 adopted
budget. Source of funds are Gas Taxes and/or Impact Fees.
GROWTH MANAGEMENT IMPACT: None.
--
RECOMMENDA TION: That, in lhe event the proposed scttlcment and Stipulated Final
Judgment as to Parcel 132 is rejected, the Board of County Commissioners:
I. Approve and authorize scrvice of the Offer of Judgment;
Agenda Item '"0. 128
June 12. 2007
Page 2 of 5
2. Approve entry of a Stipulated Final Judgment and expenditure of the funds, if the
offer is accepted.
PREPARED BY: Ellen T. Chadwell, Assistant County Attorncy
2
Item Number:
Item Summary;
Meeting Date;
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONSF:S
1~6
rh's :t8mlS CalT1parllOn \0 Item 1:>", Pannier Key Pr(JD:Js8(', Senlcm8'lL to be ConsldNbd if
SBWi'm-,entlsReJeC\8d, ReCOrTl'lWndallontoapprovetl",eClfferolJlJd,::rTler,tinthe:ml:Jurllof
31 :'~(:,OUO de. to f'2l~Cei 132 Ir, t!l€ 10wsuI' sly led CC" Paniher f'8y LC ei al C,1se 1';0
;)c;,,14"+.'~i-'- iCoul~!Y U,nl RoM Project I~o [;0101: r:iSG~-1IIil~p8::;' S~;(J5 300 ;]:J)
6/1:'!20Qi8,OCOOi\M
Assist anI County Attorney
Dale
Prepared lly
EIi8nTChadwtOll
CuuntyAtlnrney
CcuntyAttorl1l!Y OIfice
511U!20ll7 10:~i):14AM
^ssistallt CoulltyAttorIley
OM"
Approvedlly
Ellen T. Cll<ldwell
County Atbrn",y
County "'-.ltorner Off,ce
5118120071.14 PM
R,gl1t Of Way Acquisition Manager
Dale
ArprowdBy
Kevin Hcndricks
Transportation$ervices
TECM.ROW
5118!20013:11O PM
LisaT.\ylor
M<1nag'wl<"nti8mlgotAnalyst
Date
Approved lly
Transportation Services
Transr-'G,-tationAdministralion
51::2/2001 tL51 AM
Approved Ity
r.Jar-mE_Fcder,/',I:';P
TmnsportatiorrS"rv'cl!s
Transportalion Division Adm;nlslr;llor
Date
Transportation SnrvI<::es A"min
SI22i20G71(UDf,M
D,roct,'Jr
Dole
ApprondHy
rJ;;'Jdlh!lmad
Trar,spo,tationSNviccs
TransportalionEIl>pneui:ig&
Construction Mall,'cJ"nwnt
51:'2!2()()72G4PM
Acc,)"nt,ngSupt'rvisor
::-mte
Apprncd n~'
SI1;:l!'onr')CI'!man
1r<lr;~.P"rt':tiGn SCf "::C$
lrar,"'porn,tio... S~"v'c'-'s Admin
5122!20n7 s,n PM
COUllt\"!\ttum,,y
Date
ApprHvcd Hy
O~vidC, W<'"lcl
CGunty Altorn~y
CD,,"ty ~~tt()rn('y Off,ce
Sr:1ni2007 93~ t\M
C,,1SG()AdinJl0r
D~te
Approved Hy
OME! Cc(}rrJ!n~lor
Cour>lv ~,\anf.ge"~ Cflicl!
(JIf'CGofrtan.1qcrnenlf.8mitict
tl1,'2Q07 9:23 A.M
Clate
Appn,,'('d lly
Sus,m Uslwr
County iI\~nape"'s Office
$~nior r'.':a"'J~'cm<?'l1:8urtge: "nul)',.t
Office of MJn"flelT1en~ t. 8ungat
GI1/20G7 1~,3L PM
MichdC: Smy~cw~ki
MJrwge'11cn\ Ii. 8lHiO':'t O!r"~\or
D:ne
ApproHdHy
County Marwger's Office
OlficecfMJnJgelT1ent& Budpet
i3r1120071on PM
Approved Hy
.!anws\/"h,dJ
8GHdGiS'''IIl(Y
C"iT1m,~;siorV'!'s
Count~ Managef
D;Jte
L'lunty r.1"n"ger'5 Ofice
p/:;20J71.55;OM
.",--~"-"--"""-'-- ""',~~,,-,'-~.~,~,_. -------
Agenda liem ND. 128
,rune 12, 2007
Page 4 of 5
IN THE CIRCUIT COL'RT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR CQLLIER CQUNTY, FLQRlDA
CIVIL ACTION
COLLIER COUNTY, FLORIDA, a
political subdivision of the State of Florida,
Petitioner,
Case No, 06-l456-CA-CAE
v.
PANTHER KEY, LLC, et aI.,
Parcel: 132
Respondents.
/
OFFER OF JUDGMENT
TO: Panther Key, LLC
c/o James A. Boatman, Jr., Esq.
The Boatman Law Firm, P.A.
1415 Panther Lane, Suite 340
Naples, FL 34109
Petitioner, COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Florida
Statutes, and Fla. R. Civ. P. 1.442, does hereby make this binding offer of judgment in tfuis
action to the Respondent, PANTHER KEY, LLC, for all compensation, including severa'1ce
i
damages, busincss damages, costs 10 cure, together with the value of the laking, statutory
I
interest, and any other claims of Respondent, PANTHER KEY, LLC, arising out of the taking,of
I
Parcel 132, in the total amount of One Million Two Hundred Fifty Thousand and No/lOO
,
Dollars ($1,250,000,00), for Parcel 132, which includes the amount of $837,400 which was
deposited pursuant to the Stipulated Order of Taking datcd November 21, 2006.
There are no non-monetary lerms or other relevant conditions to this offer except that tris
offer does not include attorney's fees and costs.
r
I
i
Agenda Item t<o. 12B
June i 2. 2007
pa~e 5 of 5
The construction plans and specifications for the project on which the offer; is
based have been previously and continue to be made available for the Respondenls' review uphn
I
reasonable notice of such a request.
Dated this
day of
,2007.
I
OF8CEOFTHECOUNTYATTOR~Y
Harmon Turner Building
3301 East Tamiami Trail
Naples, Florida 34112
(941) 774-8400 - Telephope
(941) 774-0225 - FacsimjIe
BY: I M
ELLEN T. CHADWELL, ESQU~E W
Florida Bar No. 09838~0
ATTORNEY FOR PETITIONER
CERTIFICATION OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing Offer of Judgment has
been furnished by U.S. Mail 10 all parties listed below, on this _ day of ,2007.
I
ELLEN T. CHADWElL. ESQ~
Panther Key, LLC
c/o James A. Boatman. Jr., Esq.
The Boatman Law Firm, P.A.
1415 Panther Lane, Suite 340
Naples, FL 34109
Collier County Tax Collector
c/o E. Glenn Tucker, Esquire
Rhodes, Tucker & Garrettson
P.O. Box 887
Marco Island, FL 34146
Agenda Item rjo. 14A
June 12, 2007
Page 1 of 21
EXECUTIVE SUMMARY
This item to be heard at 4:00 p.m. Recommendation for the Collier Connty Community
Redevelopment Agency (CRA) to authorize the Bayshore Gateway Triangle CRA
Executive Director to negotiate a closing date extension to a purchase contract for certain
real property within the Bayshore Gateway Triangle Community Redevelopment Agency
and authorize the CRA Chairman to sign the extension. (David Jackson, Executive
Director, Bayshore/Gateway Triangle CRA)
OBJECTIVE: Recommendation for the Collicr County Communily Redevelopment Agency
(CRA) to authorize the Bayshore Gateway Triangle CRA Executive Director to negotiate a
closing date extension to a purchase contract for certain real property within the Bayshore
Gateway Triangle Commtmity Redevelopment Agency and authorize the CRA Chairman to sign
the extension.
-
BACKGROUND: On March 27, 2007 the CRA Board and Board of County Commissioners
approved the purchase of 1.66 acres of commercial land (1807 Tamiami Trail East; Folio #
00386840007) in the Davis Triangle (mini-lriangle) for $3.5M. The contract has a due diligence
expiration date of July 10,2007 and a closing date of July 30, 2007. Also on that date, the CRA
Board authorized the Executive Director to coordinate with the Purchasing Department to
advertise an Invitation To Bid (ITB) to financial institutions for a CRA $9M Line of Crcdit to be
used to purchase the above parcel. The ITB has been coordinated though Collier County's
financial advisor, Public Financial Managcmcnt, and bond counsel, Nabors Giblin & Nickcrson
P .A., and is ready for release and attached for refercnce.
CONSIDERATIONS: The Invitation To Bid cannot be advcrtised for banks to submit bids until
the Collier County Comprehensive Annual Financial Report (CAFR) has bccn completed. The
CAFR is a docwnent required by financial inslitutions to detcrn1ine their response to the ITB.
The CRA has to make a non-refundable deposit of $\ 00,000 at lhe conclusion of the due
diligence period on July 10, 2007, and there are sufficient funds in the budget to do so.
Continued delay in the CAFR's release will jeopardize the time to advertise the lTB, receive
bids, award the $9M line of credit contract and make a $3.5M draw bcfore the July 30, 2007
closing date. July 24, 2007 is the CRAJBCC's only meeling before the closing date in which 10
award lhe bid to the selected bank and two working days to coordinate the draw. The next date
lhe CRAJBCC is in session to authorize and sign bid contracts is not until Septcmber 11, 2007.
FISCAL IMPACT: Sufficient budgel is available in lhe Bayshore/Gateway Triangle Fund (187)
to cover the $100,000 earnest money deposit for the 1.66 acrc parcel. There are insufficient
reserves to independcntly cover thc $3.5M purchase pricc. Annual CRA lax increment revenues
are sufficient to cover projecled debt service payments on the all CRA debt requirements.
Budget amendments will be necessary to set up the required debt service reserve and
acknowledge draws on the new line of credit.
-
Agenda i1>:3rn ~Jo. 14A
June 12, 2007
Page 2 of 21
GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of the
Growth Management Plan states that redevelopment plans may be developed for specific areas
within lhe County, including the Bayshore Gateway Triangle CRA.
LEGAL CONSIDER-\TlONS: Once a bank is selected through the invitation to bid process,
bond counsel together with staff from administralion and the county attorney's office will
prepare all of the necessary loan documentation which will be presented to the CRA and the
BCC for approval. The financing will be done under the authority of Chaplers ] 25 and 163,
Florida Statutes.
RECOMMENDATION: Recommendation for the Collier County Community Redevelopment
Agency (CRA) to authorize the Bayshore Gateway Triangle CRA Executive Director to
negotiate a closing date extension to a purchase contract for certain real property within the
Bayshore Gateway Triangle Community Redevelopment Agency and authorize the CRA
Chairman to sign the extcnsion.
Prcpared by David L. Jackson on May 31,2007
Executive Director, Bayshore Gateway Triangle CRA
Agenda Item No. 14A
June 12. 2007
Page 3 of 21
EXECUTIVE SUMMARY
Recommendation for the Collier County Community Redevelopment Agency (CRA) to
authorize the Bayshore Gateway Triangle CRA Executive Director to coordinate with all
appropriate entities to secure and structure a loan in an amount not to exceed $9,000,000
from a commercial lender selected via Invitation To Bid (Bank ITB) to purchase certain
real property within the Bayshore Gateway Triangle Community Redevelopment Agency,
and to negotiate and prepare for subsequent approval all required enabling documents to
pledge CRA funds as the loan repayment source; authorize the CRA Chairman to execute
the real estate contract and execute a commitment letter with the selected bank lender; and
authorize all necessary budget amendments. (David Jackson, Executive Director,
Bayshore/Gateway CRA) (Companion item to 10D)
OBJECTIVE: Recommendation for the Collier County Community Redevelopment Agency
(CRA) to authorize the Bayshore Gateway Triangle CRA Executive Director to coordinate with
all appropriate entities to secure and structure a loan in an amount not to exceed $9,000,000 from
a commercial lender selected via Invitation To Bid (Bank ITB) to purchase certain real property
within the Bayshore Gateway Triangle Community Redevelopment Agency, and to negotiate and
prepare for subsequent approval all required enabling documents to pledge CRA funds as the
loan repayment source; authorize the CRA Chairn1an to execute the real cstate contract and
execute a commitment letter with the selected bank lender; and authorize all necessary budget
amendmcnts.
BACKGROUND: Florida Statute 163.358 - "Exercise powcrs in carrying out community
redevelopment and related aClivities" - gives the CRA power to approve the acquisition of
property, and Florida Statute 163.370 - "Powcrs; counties and municipalities, community
redevelopment agencies" - delincates other powcrs necessary to carry out the purchase and sale
of property.
Collier County Ordinance 2000-42 establishes the Redcvclopment TlUst Fund and appoints the
governing body of the Community Redevelopment Agency (the BCC) as the trustee of the
Redevelopment Trust Fund and states that funds shall be disbursed from the fund as provided by
thc CRA agency.
On July 25, 2006 the CRA Board signed CRA Resolution 2006-197 that approved a non-
revolving Line of Credit with Wachovia Bank as a rcsult of a CRA advertised Invitation To Bid
(ITB), and the BCC signed BCC Resolution 2006-198 that approved the CRA's Line of Credit
with Wachovia Bank.
CONSIDERATIONS: The Community Redevelopment Agency Local Advisory Board has
identified several pieces of property important to the proactive development of the Gateway
Triangle sector of this CRA. This tract of land is identified in thc CRA Master Redevelopment
Plan as a potential site for a catalysl redevelopment project - Exhibit A. CRA acquisition of
targeted parcels within the mini-triangle will provide the CRA an opportunity to achieve many of
the objectives stated in the CRA Master Redevelopmcnt Plan.
/\oenda item No. 14A
~ June 12, 2007
Page 4 of 21
After months of discussions and negotiations with the property owners in the mini-triangle area,
the Local eRA Advisory Board recommends that the CRA Board purchase 1.66 acres of
commercial (C-4) land: 1807 Tamiami Trail East; Folio # 00386840007. An assignable real
estate purchase contract for $3.5 million for this parcel is attachcd for the CRA Board to review
and approve for the Chailman to sign. The contract has a due diligence expiration date of July
10, 2007 and a closing date of July 30, 2007.
The Bayshore Gateway Triangle eRA Trust Fund docs not have the cash reserves to purchase
the land; however, the CRA does have the financial strength in its nF growth projections to
incur anothcr line of credit up to $12 million - Exhibit B "PFM's Mcmorandum: Funding
Options and Debt Capacity oflhe eRA".
Bascd upon discussions with lhe County's Finance Committce, indepcndent financial advisor as
wcll as bond counsel, the preferred borrowing vehicle is a commercial bank loan procured via
invitation to bid. Since a significant portion of this real estale may be sold to a developer, this
transaction does not meet federal tax law requiremcnts for a tax-exempt debt issuance.
Therefore, convcntional tax-exempt municipal debt or commercial paper cannot be used.
Securing a taxable loan provides the best approach for a timcly and cost effective financing.
Since CRA tax increment revcnues are pledged to pay debt service, notification to all affected
taxing bodies will be necessary no less lhan 1i11een (15) days bcfore closing lhe transaction.
Due to lhe high cost to acquire largc sums of financing, an additional loan amounl ovcr the
purchase plicc of this parcel is requested as a set-aside for the future acquisition of olher parcels
within the mini-triangle and surrounding the idcntified site, to cover the cost of site
preparation/demolition, future infrastructure improvements and incurrcd administrative costs.
The Collier County Finance Committee reviewed Exhibit B and the requcst 10 advertise for
second bank line of credit. By motion, the eommittee recommended that wilh approval of the
CRA Board and BCC, thc CR/\ should proceed with an Invitation To Bid for $9 million.
The county's financial advisor and bond counsel indicate that the invitation to bid process
together with closing on the loan proceeds can bc completcd wilhin thc conlractual timelincs.
FISCAL IMPACT: Sufficient budgct is available in the Bayshore/Gateway Triangle Fund (187)
to cover the $100,000 earnest moncy deposit for the 1.66 acre parcel. CRA tax incrcment
rcvenues are sufficient to cover projected debt scrvice paymcnts on thc S9M financing and all
other CRA debt requiremcnls. Budgct amendmcnts will be necessary to set up thc required dcbt
service reserve and acknowledge draws on the linc of credit.
This financing will require the pledge of eRA tax incrcment revenucs as the dcbt repayment
source as well as other ministerial language required by statute. It is envisioned that all enabling
documents will be ncgotiated and prepared for subsequcnt Bee and CRA approval assuming the
Bec and eRA authorize this acquisition to proceed.
,
Agenda Item r-Jo. 14A
June 12. 2007
Page 5 of 21
GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of the
Growth Management Plan states that redevelopment plans may be developed for specific areas
within the County, including the Bayshore Galeway Triangle CRA.
LEGAL CONSIDERATIONS: Once the Bank is selected through the invitation to bid process,
bond counsel together with staff from administration and the county attorney's office will
prepare all of the necessary loan documentation which will be presented to the CRA and lhe
BCC for approval. The financing will be done under the authority of Chapters 125 and 163,
Florida Statutes.
RECOMMENDATION: Recommendation for the Collier County Community Redevelopment
Agency (CRA) to authorize the Bayshore Gatcway Triangle CRA Executive Director to
coordinate with all appropriate entities to secure and structure a loan in an amount not to exceed
$9,000,000 from a commercial lendcr selected via Invitation To Bid (Bank ITB) to purchase
certain real property within the Bayshore Gateway Triangle eommunity Redevclopment
Agency, and 10 negotiate and prepare for subsequent approval all required enabling documents to
pledge CRA funds as the loan repayment source; authorize the CR.A Chairman to execute the
real estate contract and execute a commitment letter with the selected bank lender; and authorize
all necessary budget amendments.
Prepared by David L. Jackson on February 11,2007
Executive Director, Bayshore Gateway Triangle CRA
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BA YSHORE/GA TEW A Y TRIANGLE
COMMUNITY REDEVELOPMENT AGENCY
COLLIER COUNTY, FLORIDA
REQUEST FOR COMMITMENT
LINE OF CREDIT
Issue Date:
Due Date:
Agenda Item No. 14A
June 12. 2007
Page 7 of 21
Agenda Item No. 14A
J~me 12,2007
Page 8 of 21
T ABLE OF CONTENTS
I. Introduction
Page
A. Objectivesm
B. Bidding Instructions
I. Sealed Bids
------------------------------ -+----------------------------------------------------.+-------
2. Bid Response.uu......muu......mu.............mmu....m.....u...u....mu........u...l
3. Questions, Additionallnfonnation
2
4. Tentalive Schedule 2
C. Draw Schedule 2
---------------------------.----------------------------.-------------.-----------------------
D. Security for LOC...m........mm....mu
3
E. Structure of thc Financing.
3
G. Conditions
----------..----------------- ------------ --.-----------------.-----------.---------- ---------------
4
II. Evaluation of Proposals - eriteria.......m
4
III. Instructions to Offerors
5
IV. Other Infonnalion
6
2
,
Agenda Item No. 14A
June 12, 2007
Page 9 of 21
REQUEST FOR COMMITMENT
LINE OF CREDIT
BAYSHORE GATEWAY TRIANGLE
COMMUNITY REDEVELOPMENT AGENCY
COLLIER COUNTY, FLORIDA
I. Introduction
Collier County
Collier County, Florida ("County") was established in 1923 by legislation from portions
of Lee and Monroe Countics. The County is the largcst counly in Florida. The County is
located on the southwest coast of the Florida peninsula west of the Miami-Fort
Lauderdale area. According to the US Census for 2004, the County's population is
292,466. The County is governed by the Board of County Commissioners ("BOCC").
The BOCC is comprised of five members elected by districts within the County for a
term of four years.
Community Redevelopment Agency
On March 14,2000, the BOCC established the Bayshore Gateway Triangle Community
Redevelopment Agency ("CRA") and declared the Board of County Commissioners to be
lhe CRA Board. The section states that members of the governing body may be members
of the Agency, but such members constitute the head of a legal entity, separate, distinct,
and independent from the Board of County Commissioners.
A. Objectives
The objective of this request for Commitment (the "RFC") is to identify the institution
that can provide the CRA with a five-year taxable (either a revolving or non-revolving)
Line of Credit ("LOC") at the lowest overall borrowing cost, pursuant to certain
conditions. The LOe, not exceeding $9 million, will be used to fund CRA projects. The
LOC will be structured with intcrest payments only, with a balloon principal payment
due at or prior to the maturity of the LOC. Tbc LOC will be secured by tax increment
proceeds received by the eRA, proposed land sales within the CRA and the proceeds of
any indebtedness syubsequently issued to refund draws under the LOC.. Any other
financing options that may be proposed will also be reviewed for considcration in the
best interest of the County and the CRA.
The intended use of the $9M LOC is to continue the proactive redevelopment of blighted
and underused commercial and residcntial properties within lhe CRA boundary. When
the CRA purchases land and/or buildings for redcvelopment, the CRA can offer certain
economic incentives to investors and developers to get development projects designed
and built. The properties acquired with LOC funds will be sold to or acquired by the
private sector once the projects have becn identified and approved. Redeveloped sites
will have a higher property tax base thus increasing the Tax Increment Financing (TIF)
revcnues to the CRA. TIF will be the funding source to pay the LOC interest until the
funds from sold prope11ies are available to pay down the principal.
1
.Auenda Item No. 14A
" June 12.2007
Page 10 of 21
The CRA will also pursue certain CRA Board approved public infrastructure projects lhat
will incrcase the operation and functionality of the area. Projects may include but not be
limited to street and road improvcments, storn1water and drainage improvements,
landscaping and beautification, buildings and/or parking facilities, and cultural and
rccreational facilities. Once these types of public infrastructure projects are built, they
may be collectivcly assembled into a single tax-exempt bond at a future date to pay the
principal of the any existing taxablc debt.
B. Bidding Instructions
I. Bids
Copies of lhe response to this RFC should be submitted on or before 2:00 P.M. on
, 2007 per thc following directions:
Michael Hauer Kelly Ryman, Senior Managing eonsultant
Purchasing Acquisilions Administration
ManaQer
Collier County Purchasing Department Public Financial Management, Inc.
Bldg"G" 13350 Mctro Parkway, Suite 302
3301 Tamiami Trail East Ft. Myers, FL 33966
Naples, FL 34112
239-774-8965 239-939-3009
239-53-6699/fax 239-939-1220/fax
111 ikehauer(a 'coil i cr~ov .nct rVll1ank(apfill.COIl1
(Three Copies) (Three Copies)
The eRA reserves the right to reject any and all proposals, to WaIve any
inforn1aIilies or inegularities not involving price in any proposals received, to
readvcrtise for proposals, or lake any olher such actions that may be deemed 10 be
in the best inlerest of the eRA.
2. Bid Response
Each bid should address all pertinent arcas and be specific. Any conditions should
be clearly stated.
The failure to disclose substantive terms, conditions and covenanls may be
considered causc for thc offeror's proposal to be rejectcd by the CRl\.
3. Questions, Additional Information
Offerors, their agents and/or associatcs shall rcfrain from contacting or soliciting
any member of lhe eR/\'s Board of Dircctors or the eRA's Financing Team
regarding this RFC during lhe selection process. Failure to comply with this
provision may result in the disqualification of lhe otTcror. All rcquests for
clarifications or additional information should be dirccted to Public Financial
2
.
Agenda Item No. 14A
June 12. 2007
Page 11 of 21
Management, Inc., the County's/CRA's Financial Advisor no later than
2007.
4. Tentative Schedule
The CRA will attempt to adhcre to the following schedule:
To Be Determined
RFC Issued
To Be Determined
Written responscs due prior to 2:00 P.M.
To Be Determined
Commitments analyzed and
recommendation made
To Be Dctennined
Recommendation to CRA for Approval
To Be Determined
Closing on LOC
The CRA reserves the right 10 alter scheduled dates if necessary.
C. Draw Schedule
The CRA anticipates making an initial draw on the LOC to reimburse itself for certain
project costs at closing of approximately $3.5 million. The CRA may draw a pOliion of
the remaindcr of the balance available under lhe LOC on a periodic basis through April,
2012.
D. Security and Additional Parity Debt for LOC
The LOC will be secured by tax increment proceeds received by the CRA, any proposed
land sales within the CRA and the proceeds of any indebtedness syubsequently issued to
refund draws under lhe LOe.. The CRA currently has a non-rcvolving taxable LOC
outstanding with Wachovia Bank with a not 10 exceed approval amount of $7 million.
The outstanding balance as of May 30, 2007 is $4,916,000 with 5\2,084,000 remaining in
available (unused) credit.
The currently outstanding LOC's $4.566M initial draw was used to purchase 17 acres of
undeveloped land to be advcrtised to the private sector 10 develop as a mixcd use catalyst
dcvelopment for the CRA. The site will be advertised in a Request for Proposals (RFP) in
2007 for a design-build team to purchase and build a $50-75M project with incentives
from the CRA.
The $350,000 second draw was used to purchase blighted residential parcels in the
vicinity of the other purchased 17 acres as part of a residential infill project. The fee-
simple single-family lots will be subject of a CRA RFP process for home builders to bid
construction of new homes. The land and homes will be sold to qualified home owners.
The residential RFP will be advcrtised late 2007 after all available and qualified
3
/\Clencja Item No. l4A
" June 12. lOCl7
Page 12:Jf 21
properties have been acquired. Expected nF increases after new construction IS
completed are three to five times more lhan the cun'ent tax value per parcel per year.
The CRA expects 10 make additional draws to purchase other identified blighted lots in
connection wilh lhe same residential infill project.
E. Structure of the Financing
The CRA expecls to take out the LOC with fixed-rate, long-term financing. Until such
time as a permanent financing, the CRA intends to cstablish an additional LOC for up to
$9 million for a tenD not to exceed five years, against which funds would be drawn for
construction costs, capital equipment purchases and rcimbursement as required. The
LOC will be structured with interest only, with the principal due at maturity of the Line.
The CRA anticipales paying interest qUaJierly, with the balloon payment of principal
relired with the long-term financing.
Thc following describes the CRA's requirements in establishing a LOC:
1. Amount: Up to $9 million.
2. Tern1: Five Ycars
3. Rate: Adjustable, taxable basis. The ratc quoted may not exceed the maximum
rate permitted under Florida Statute 2] 5.84, applicable at the time of sale.
Provide rate for both a revolving and non-revolving instrument.
4. Rcpayment Provision: Interest on the funds activated by draws against the LOC
will be paid qUaJicrly each year. The principal amount of thc Line is currcntly
anticipaled to be repaid !i'OID proceeds of lhe pennanent financing on or before lhe
tern1ination date of thc LOC. Thc CRA rcserves the right to rcpay principal and
intcrest, in whole or in part, at any time, without penalty or premium.
5. Draws: Amounts drawn will be peliodic in naturc, at a minimum of $50,000 and
in increments of S5,OOO, without restlictions as to timing or amount.
6. NOlice: Five business days will be given of the CRA's intent to make a draw.
G. Conditions
The CRA will not acccpt proposals with reserve requirements, ml111mUm coverage
requirements beyond what is alrcady in place (see attached Additional Information) or
other restrictions 10 pledged revenues or requirements to maintain minimum balances in
any bank account as a condition for the Loans. The CRA will not accept responses that
are subject to credit review. All responses should bc commitments to loan.
4
,
Agenda Item No. 14A
June 12, 2007
Page 13 of 21
The CRA will not accept proposals that require the offeror's approval before additional
debt may be issued.
In addition, the CRA will not accept proposals which obligate the payment of interest on
the unused portion the LOC.
II. EV ALVA nON OF PROPOSALS - CRITERIA
Proposals will be evaluated on the basis of cost and compliance with the proposed structure
and terms of the LOC as outlined in this RFC.
A. Proposal Format
In order to assist the CRA in reviewing proposals, each proposal shall be prepared
ulilizing the following format and headings:
I. Contact Inforn1ation - State the legal name of the financial institution or finn,
current principal business address, contact person, telephone and facsimile
numbers and e-mail addresses.
2. Interest Rate - State the adjustable rates being proposed for the LOC as follows:
Taxable - Payable solely from and secured by the proceeds of the issuance of a
permanent, fixed-rate financing and a subordinated lien of the CRA's tax
increment financing revenues.
Said rates must be a function of an idcntifiable indicator LIB OR as stated in the
Wall Street Journal). The rate shall be reset every 90 days based upon the
identified indicator. Intcrest will be payable quarterly, calculated on a 360-day
basis and will be based only on thc used pOliion of the LOC.
Provide the basis of the interest rate and interest paymcnt calculations and provide
a detailed example of such calculations. Provide infol1nation so that the indicalor,
intercst rate, and calculations can be vcrified as of April 3, 2007.
3. Fees and Expenses - Describe in detail all fees and expenses which the CRA will
be responsible to pay. The amounts stated in the Commilment shall represent the
maximum amounts payable 10 the offeror by the CRA. All fees and expenses in
cxcess of those stated in thc Conunitment shall be the sole responsibility of the
offeror and will not be paid or reimbursed by the CRA. All legal documentation
associated wilh the LOC will be provided by the County's Bond Counsel, Steve
Miller, Nabors, Giblin & Nickerson.
4. Conditions - Providc a listing of all condilions, terms or restrictions, other than
those specified in this RFC, which would be included in your commitment to
provide the LOC. Include any legal requirements of the CR.i\..
5
Agenda Item No. 14A
June 12, 2007
Page 14 of 21
III. INSTRUCTIONS TO OFFERORS
A. Offerors shall thoroughly cxamine and be familiar with the bid specifications. Failure
of any ofTeror to receive or examine this documcnt shall in no way relieve any offeror
of obligations pertaining to this bid or the subsequent contract.
B. Any modifications from the service requirements can result in the rcjection of the bid as
not bcing responsive to this RFC.
C. The responsibility for delivering the proposal to the eRA on or before the specified
date and time will be solely and strictly the responsibility of the offeror. The CRA will
in no way be responsible for delays causcd by the United States Post Office or a delay
caused by any othcr OCCUlTence.
D. The response deadline shall be strictly observed. Under no circumstances will a
proposal delivered after thc time specified be considercd. Such RFC's will be returned
10 the offeror unopened.
E. Offerors will not be allowed 10 withdraw or modify their bids for a period of sixty (60)
days after thc opening timc and date.
F. The eRA reserves the right to rcject the bid of any offeror who has previously failed in
the proper performance of a contract or to deliver on time other contracts similar in
naturc, or who is not in a position 10 pcrforn1 properly under this contract.
G. The eRA reserves the right 10 inspect all facilities of lhe offeror in order to make a
detern1ination as 10 their capabilitics.
H. Fedcral, state, county and local laws, ordinances, rules and rcgulations lhat in any
manner affect the items covered hcrein apply. Lack of knowledge by the ofTeror will in
no way be a cause for relief fi'om responsibility.
I. No succcssful offeror may assign any portion of thc contractual agrecment between the
partics without prior wlittcn aulhorization by the eRA.
J. Changes to the RFC may bc made by and at thc sole discretion of the CRA.
K. WaITanties - The offeror, in submission of its proposal, warrants to the eRA lhat it will
comply with all applicable fcderal, state and local laws, regulations and ordcrs in
providing lhe scrvices undcr the proposed documents.
6
.
Agenda Item No. 14A
June 12, 2007
Page 15 of 21
IV. OTHER INFORMA nON
A. The CRA reserves the right to accept or reject any and all bids, to waive any
irregularities or informalities in any bid or in the bidding, and to accept or reject any
items or combinalion of items. The award will be to lhe institution whose response
complics with all of the requirements set forth in this RFC and whose bid, in the sole
opinion of the eRA, is best taking into consideration all aspects of the offeror's
response.
B. In the event that the successful offeror does not execute a contract within a timeframe
acceptable to the CRA, the eRA may give notice of intent to award the bid to the next
most qualified offeror or to call for new bids and may proceed to act accordingly.
7
Agenda Item No. 14A
June 12,2007
Page 16 of 21
ADDITIONAL INFORMATION
Parity Debt Lan2uage from current loan agreement
SECTION 2.07. ISSUANCE OF ADDITIONAL AGENey DEBT. No Agency Debt payable on
a senior basis with respect to the Draws or Master Nole shall be issued without the written
consent of the Bank. No Agency Debt payable on parity with (he Draws or Master Note then
outstanding pursuant to this Agreement, shall be issued by the Agency except upon the
conditions and in the manner provided in this Section 2.07. No such additional Agency Debt or
any Draw hereunder shall be issued unlcss (1) no Event of Default (as specified in Section 5.01
hereof) shall have occurred and be continuing hereunder, and (2) the following conditions are
complied with: (a) Except as othcrwise provided in Section 2.07(b) hercof, there shall have been
obtained and filed with thc Agency and the Bank a celiificate of an Authorized Officer: (I)
stating that he or she has examincd the hooks and rccords of lhe Agency relating to the
Increment Tax Revenues which have bcen reccived by the Agency; (2) setting forth the amount
of such Increment Tax Revenues receivcd by the Agency during the immediately preccding
Fiscal Year; and (3) stating that the amount of such Incrcment Tax Revenues received during the
aforementioned Fiscal Year equals alleast 1.50 limes the Maximum Annual Debt Scrvice on all
Agency Debt then outslanding and such addilional Agency Dcbt with respect to which such
slatement is made. Such celiificate by the Authorized Ofticcr may be partially based upon a
certification of celiain matters related to lhe calculalion of the Maximum Annual Dcbt Servicc
by the Agency's financial advisor.
For pUI1Joses of calculaling Maximum Annual Debt Scrvice on any Draws made hereunder, such
Draws shall be assumed to be amoliized over 19 years on a level debt scrvice basis and thc
interest rale on such Draws shall be assumcd 10 he the highcr of 7.50% and the actual interest
rale home by such Draws during the month immcdiately preceding the date of calculation. In
addition, in calculating the Maximum Annual Dcht Service on Draws hereundcr, the principal
amount of such Draws shall be assumed to be the sum of lhe principal amount (hat is thcn
outstanding hereunder plus the principal amount thal the Agency may lhen Draw hercunder
pursuant to lhe provisions hereof. For purposes of calculating lhe Maximum Annual Debt
Service on any othcr Agency Dcbl, the Agcncy shall considcr the actual debt service on such
Debt. (b) In the event any additional indehtcdness securcd by or payable f"0111 the Increment Tax
Revenucs is issued or incurred for lhe pUJ]Josc of rcfunding or refinancing any Agcncy Dcbt, the
conditions of Scction 2.07(a) hereof shall not apply, provided that the issuance or incurrence of
such addilional Agency Dcbt (1) is applied to refinance Draws outstanding hercunder, (2) shall
nol result in an incrcase in the annual debt servicc for Agency Dcbt secured by or payable from
Increment Tax Revcnucs in any Fiscal Ycar, or (3) the issuance or incuITcnce of such additional
indcbtedness shall result in all Draws and then outslanding hcreunder bcing paid in full.
SECTION 2.08. RATE COVENANT. Wilhin 180 days of lhe end of cach Fiscal Year, the
Agency shall provide lhe Bank with a certificate of an Authorized Ofticcr; (1) stating that he or
she has cxamined the books and records of the Agency relaling (0 the Increment Tax Revenues
which have been reccived by thc Agency; (2) setting fOlih thc amount of such Incremcnt Tax
Revenues reccived by the Agency during thc immediately preceding Fiscal Ycar; and (3) stating
that the anlount or such Increment Tax Revenues received dUlillg the aforenlcntioned Fiscal Y car
8
.
Agenda Item No. 14A
June 12. 2007
Page 17 of 21
equals at least 1.50 times the Annual Debt Service for such Fiscal Year on all Agency Debt
outstanding as ofthe end of such Fiscal Year.
Financial Information
CRA Tax Increment Financinl! (TIF) Calculations (Section 163.387(1), Florida Statutes):
I. The annual funding of the redevelopment trust fund shall be in an amount not less than
that increment in the income, proceeds, rcvenues, and funds of each taxing authority
derived from or held in connection with the undertaking and carrying out of community
redevelopment under this part. Such increment shall be determined annually and shall be
lhat amount equal to 95 percent of the difference between:
(a) The amount of ad valorem taxes levied each year by each taxing authority, exclusive
of any amount from any debt service millage, on taxable real property contained
within the geographic boundaries of a community redevelopment area; and
(b) The amount of ad valorem taxes which would have been produced by the rate upon
which the tax is levied each year by or for each taxing authority, exclusive of any
debt service millage, upon the total of lhe assessed value of the taxable real property
in the community redevelopment area as shown upon the most recent assessment roll
used in conneclion with lhe taxation of such propeliy by cach taxing authority prior
to the efTective date of the ordinance providing for the funding of the trust fund.
CRA TIF Revenues:
Below, the CRA's annual taxable values and TIF collections are tabulated for review:
Tax County Other Total
Year Taxable Base Year Increment Millage Millage Millage TIF Revenue
1999 288,081,106
2000 317,372,765 -288,081,106 29,291,659 3.5028 0.8425 4.3453 $ 120,917.00
2001 344,028.693 -288,081,106 55,947,587 3.9077 0.8425 4.7502 $ 250,582.00
2002 388,101,306 -288,081,106 100,020.200 3.8772 0.8069 4.6841 $ 445,079.00
2003 431,519,296 -288,081,106 143,438,190 3.8772 0.8069 4.6841 $ 638,285.00
2004 475,282,882 -288,081,106 187,201,776 3.8772 0.8069 4.6841 $ 833,028.00
2005 557,503,167 -288,081,106 269,422,061 3.8772 0.8069 4.6841 $ 1,198,900.00
2006 752,488,224 -288,081,106 464,407,118 3.5912 0.8069 4.3981 $ 1,940,383.00
9
Agenda Item No. 14.'1
,luna 12, 2007
Page 18 of 21
Bayshore Gateway Triangle eRA TIF
$2,500.000.00
$2,000,000.00 ---
I
Inn
I I
$1,940.383.00
--r ---1---
'"
~ $1,500,000.00
'"
>
'"
a::
!:!: $1.000.00000
I--
I
I
- I
I
I
$833.02800
$-
$500,000 00
2000
2001
2002
2003
Tax Year
2004
2005
2006
I ------ -------- -- --- --,
-+-Bayshore Gateway Triangle eRA TIF,
CRA T1F Proiections:
I. Projected CRA TlF revenues in the 2000 eRA Rcdevclopment Master Plan werc
exceedcd in 2004. In June 2006 the 2006-2030 TIF projections were updated using
the 2005 tax rolls and known development projects that were cither underway,
approved or planned. The FY2007 TIF cxceeded these projections; howcver thc
annual budgets are still planned on lhe basis of thc "Medium Scenario" of the June
2006 TIF study.
2. Thc June 2006 nF projcctions 2006-2030, the "i\1cdiull1 Sccnario" table is included
for revicw.
10
.
Agenda 11em r;Jo. 1~A
June 12. 2007
Page 19 of 21
Table 2
Estimated Tax Collections Anticipated In Bayshore Gateway Trian{lle eRA, 21)06-2G30
Medium Scenario
Year
Estimated
Taxabie Value of
eRA for Tax
Purposes
Less: Base
Year
Subject to Tax
Increment
Calculations!
,..1illrige
Co! Ie :::tion$
for Gen eral
Mill3ge Fund
Collections
for MSTO
Estimated
Increment
Collections
198e
20::m
::W:J1
20:12
20:3
201:4
20;'::.
2D:.6
2D:'7
20:e
2'):9
l'J1G
2011
2012
2')13
2014
201=-
2015'
2,)17
2'J1S
2J13:
2]::
2'J:1
::D:'::
2]:3
20:'~
20:~
2'J:::
2')::7
''"''"'Q
_'..1_...
20:&
2'J::
s:::ge,.D81, :06
5317.2.72.765
S~4.D:8"693
S39B,101.306
~31,!:,19_296
s.4 7!:',::62..832
S::5,6Bl'?:9
SE:::~.6::1"~31
S71!?.4::.6_~71
SS2::.8:::'_~I~I?
~;~7.1:0..201
31,:::3'1'::';:-0_929
81, 17e-.::4~lA,=;3
:31 ,:3~.C'51_t3~(4
31 ,37~ ,~S~..CIl37
31,~er:,712_":25
Sl.~~9.4f.4.',::'5
Sl.e3E.5E'E'_679
:31,7:'=,2.~.1.778
.31, ~:L.~.'e,E.7..j.O
.31.22:::.7['::::%
S'::.:2?E,:::8..:;~,3
S2,1.:::.e.E.2,5. :~t2
32.::3.:::724713
32.?'=:.Eq4~1t32
52.:1:.[-::.7.745
.32.:::.::-.:-.2.,:;::',2
.32,7a:.7C'E'.2t34
32.?L?2E'A,22;1
33,1 ::.:'E'4 0'6
~3.:S~A ~.:UI.39
33 ,,,-,:: 3.::.2.4 ,6S::'
His:o"ical T<1): E,:)!:==-
$28,3,0-31,1:'6
$288:J81,1:6
$:8".0..31,1:6
$:8.3.0.31,1:6
$28-9.0.31,1::6
$25.3.0.31,1:6
$28,9.0,31.1:6
S2t~,'3,D,3' 1 ,1 ::::;:.
$28,'3,D-31 1:6
:1;28-3.03'1,1:6
$283.03'1,1-:6
$28.3.0,31,1:6
526-3.031,1::::6
S2Ci-3.'J.31, 1::::6
$26.3.'),31,1:6
$26.3.0.31,1:6
S28'3.'J81,1:e,
S2(;3,].31, l:e.
S25-3.'J3'1 ,1 :;:,
S::,:;,3D31,1::e.
S2,:;3:J31.1:6
S28,3.C131, 1:6
$2.:;3.0.31,'1:e.
S2;3-3,031, 1:6
$::.:,3,']31.1:6
S2.:.3,.J31.1::::E.
S::::,3,D31.1:e.
S2.:.,3,'],31.1 :E,
$2.:,.3.0-31.1:e.
S22:.3.031,1:6
S22:,3.:J31, 1::::6
Average Al1nual Rate of Gro.....1h. 2006.2030
Total Taxable
Value
S29.281.'.3:9
S55.947,S9-7
$100,02(1,2:IC
SI43.43.3.1.J
S187.201,775
S267,600:313
S24:.540,O:::
~>4:;'1.405.2S=,
~.~44.;342..38:}
S;E-59,,02:J.O~5
S793.;:;07,.323
Se.90. 7" 6.3,3 g:;
~.8~1:5,,970.5~g
1.C'90.57.3:;I'31
l,i7o.1331,019
1.26~<~e;3.023
'.24;35~,3.573
1.440.270.S73.
1.!:,:;.t)..o2;5:334
:.f..2'o.621.1-38
1.7~5.743.727
1.::,55.5::.4,025
1.F7S.';~11.37:
::.('::'7,':;83.356
::.:::1397>3:3::?
::,::.1:,2,771.723
::.~.C'S,j32:3.159-
:.(:S59-3.'12:,
::.e.: 4D~2.-:Jl:
:.t'2,O~',~,3.33:
2."5:5.::',03,5.17
s~ ~ :;'.5.3.5
S216.349
S367.-350
S556,213
S72S,'31a
Sl.c'376.30
S.-1)24.:3::\7
S! .E,7286':1
S::, i '12.74-3
S::.:55..530
S3.D75.164
~.2.A S4" "') 50
S::..C.62.0'~5
S4.::::,O.':>J4
S4.570A01
S4.e.g',.230
~,5.::29. 'j 77
~.:.'::':::4.8-36
~,::..::'58,1312
Se,}54, ~ 14
~.6.76SIS25
S7.::06.SL::2
S7.E,::-,9233
~.e,.; ~)S04S
~.::..E,:::,:3.5~i2
~.tj.;132.','.F
~.0. -:., G" ~i 24
:O.:';i,3S37
; D.S'~ ',0::154-
1 ~ .::.568]]
~ :.:35.::,34
T::t[.;1
S23.E.2.5
.s':::':..-144
598.706
3'11:,740
31:1,0::,3
321E.K7
3:7:,::.2.9
3348,lD1
.3'::'3&.1:,2.4
35'31.171
SSL:.E.::4
371 ~,7E-l
38:3,E48
333::::.::::6
.3&51,0::.7
S1.017,310
S1.oe~.1::D
S1.162.1::.4
.31.2LD,112,
S1.3::.=[<~'
S1.4:~,54~,
:31.4?~.2E,7
S1.53:,72.::
S1 :3?2,7~1~
01,7" ,,47
.31.;1:2.:::1
.32,0:1 ,7E'~
-32,1":'3.:::-.6
32.:27:.:::7
S2.4:"::'.~2,i
S2.:,..:.e.:"4
':::'r.nU<1 L.';'-e~J',;J.; :'::::,', e3~:'.:
::'['13-'::'~,O
Subject tD
In:::rement
$~30,359'
$:4.3.9%
$44.5,129
$83,3.356
$333,121
S1.;~IO.927
$1.5;9,9-36
$1.9;9,::+21
S,2424,'6-3
5:;'::,,932,936
5,;3.532,754
$2',8134,266
S4A.32,457
~4,,::,54.313
S.:..245.3'37
:::.!:..13:3.S45
~,e,oo. ,432
~'.E-409.i'35
SE-.E,~,9.73-;
S7,,2~12.:D2
S.7,713~~.2'31
5..;:..2r.23.3
~.;:,"7~IO.37;J
S~.~,~,6,444
~,E'Sl.O.:112
8.' [5",5.253
S:.; 1 ',5~ ,']2,J
$~ 1.0'9,347
So ~ :. 5::::~. 452
S12'.26.:,'345
~.1J-.042 323
S~::,2..072,1';l2
~.6' ::':.33':
Estimated
Increment
Collections
7.0%,
8~t"::o
II
83%
}'>,genca Item i'Jo. 14A
.Lme 12. 2007
Page 20 of 21
CR4. Audited Budget FYO - FY06:
Revenues Iistcd as Transf. Gcn. Fund (001) and Transf. MSTD Gen. Fund (Ill) are TIF
revenues as delailed in the eRA TIF Revenucs paragraph citcd earlicr.
FUl\ll: BAYSHOREGATEWAY lRJ......'0LE REfJEVELOl'MI:.~T (lS7)
FY 03/04 IT 04/05 FY 04/05 FY 05/% FY 0.106 FY 05/06
AcruaJ Adopted Forecast Current Expanded Total
Appropriation Unit ExplRev Budp,et Exp/Rev Service Service Budget
Personal Services 34,974 83,Roo 80,100 120,300 104,500 224.800
Operal~g Expenses 132.322 91,400 330,000 312,400 5,00.0 317,400
C.pH.IOutlay 6.289 0. 0 177,000 5.000 182,O()()
Remjttance~ ((rrams & Aid) 1,760 a 200,00.0 10.0.0.00 a J 00.0.0.0.
R esr;rvcs 0 J.594.WO 0 1.841,400 0 1,841,40.0
Transfer (111) 85.700 a 0 0. a a
.-"--- ----~
Total Ap?fopriations 26 J ,0.45 1,770.00.0 610..100. 2,551.100 114.500. 2,665.60.0
~_t'VCI1~:
Transf Gen. Fund (00 I) :' 28,300 689,500 Wi.50') 992,400. 0 992,40.0
Transf. MSTD Gen. FWld (II J) 110,000 J43,500 143500 20n,oOO 0 20G.GOO
Interest 16.532 5,500 J 1.500 \5UO U 5.500.
Carryfof\\'ard 8.14,412 931.80Q 1,227,000 1,346.QOO 1l4,jOO 1.461,400.
Re\'enue Rtscrvc a (3lXI) 0 1)001 0 (3001
--'.-.'_. ------,~,- ----. -----
Total Rc\'enue 1.489.244 1.770,000 !.O71.~OO 2.55 1.1 0.0 114,500 2.665.600
12
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Agenda Item 1\.]0. .16,1:",1
June 12, 2007
P3;:;81 :Jf 6
EXECUTIVE SUMMARY
Recommendation to approve final acceptance of the water and sewer utility
facilities for Quail West, Phase 3, Unit 6
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 facililies.
CONSIDERATIONS:
1) The Developer of Quail West, Phase 3, Unit 6, has constructed the water and sewer
facilities wilhin dedicated easements to serve this development. See attached
location map.
2) Preliminary acceptance of these utility facilities was approved by the Engineering
Services Department staff on February 9, 2005. At that time, the value of these utility
facilities (assets) was $43,563.96 for the water facilities and $71,795.78 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 Engineering Services Department staff, and these facilities have
been found to be satisfactory and acceptable.
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 $115,359.74.
GROWTH MANAGEMENT IMPACT: Approval of this Executive Summary will have no
growth management impact.
LEGAL CONSIDERATIONS: No additional legal review from the County Attorney is
required to complete this final acceptance.
..-.
:t9:1: ~'JO. i Cd;'" 1
JLne 12,2007
2 elf ,3
RECOMMENDATION: That the Board of County Commissioners, Ex-Officio the
Governing Board of the Collier County Water-Sewer District, authorize final acceptance
of these water and sewer utility facilities for Quail Wesl, Phase 3, Unit 6, and authorize
the County Manager, or his designee, to release the Utilities Performance Security (UPS)
to the Project Engineer or the Developer's designated agent.
PREPARED BY: Jodi Pannullo, Engineering Technician
Item Number:
Item Summary:
Meeting Date:
Page 1 of" 1
,--',(!s.:-;.:),';
COLLIER COUNTY
B~fUW Qf' :>:::lUN1Y CCJtM,'~!!;:;I:H;Cr:S
',",'-'1
r".;;,,:>;'TI.r(ldt-cnkJ;'r"l',C'
'('pl,nJoftne,;.;,n0
iel Q ii'lIl
"(,W('f ;J',I;I\
'st. ~'I',,'i' (,' 3 Urll16
-:.'.'}':,''j- 0.:,," ()C) i.,M
Adn.ir"~lrJbv," A',~r5t~rl!
DEte
rrepllrctl By
JodiF-armu!!o
Comn)unily D~~el()pm"nt S
En."rorlmentaI5ervi<.:es
CDES E:rrgineeritlg Ser~ic"s
S.'8!20Q7104e.39AM
ApprrlVt'u B)'
Ct1ES FnQ;"el'ring Se"v,~<;e, ['.r,-,ctur
D!lte
Thomas E,hur,k P.E
CornrnunityDeveloprnenl&
Lnvironrn.",taiServices
CDESf"g;rreering S"r,'ices
51$.'2007 J:45fM
Pm-ncln Li~by
V',jJlerOpe,~li()n' MErJ1'9Ur
D~te
Apprn\'l'll By
r'.JblicU\ilities
\.'.J "~("
":9.'~OJ7 i; 2:, I M
AppruH,ll By
f'.l": k\,lit'hJ',r:h
~'l.iU;C Utiliti"s
W~~G-" Dm"G~"r
D~l~
Water
519,~(J()7 lQ4L i\M
\!."35l<:W""tB'Colk'GtIQTO<, M~n"'1"r
Cate
Approved Uy
Skp'1'"n1.. !\'21\'
PUf;I,<;U\ilit".s
\"iJ~t".WnlN
5nD.'2D077;Sfif,r"
'\Ilpron>ll By
time
M~rI",,(, S1(-"!;1['\ L~~', "li'I" S"'c'c;~ry
Ccmmu,-,ity C')p'T'o;m'",'r ~ & C"'ml'lullily [J"v'olrmn',' ,-,1 :.
fJi4/;:Y;: 3.~iE ,,~"
Approvt'd By
"P"''')c'''i,,'r;t~' Sf': ...'n.[' ":i""r'-')[Hnc,rt~1 S"rv,r:c,~ t.('in,in
D.1\e
,Jlld',,-P,,,:(] C'I-"H,:ioom,/,:':o'\".'l
Approved By
,:(" 'mLl' ", ~-'Vh C;Jl'i,UL i'. C'."""'""i!\, [)'.'",":::.' tn,'I',t 2-
fn',,"'-"'l'-'-'~n:al :~I ,,'ief:S En'_''''onrmlh~al S ',',Ien'. i>.'!min.
, '~;';:'SG7 10';':' L,M
r;'C;V D. /;"d(.r~on F,E
,'l.'l,ii(; !f,Ir:'l~S ,,_'-,gil1'.',,'ind t. ,.-,<I.cH
Ude
ruclicUl::itl-."S
hJbl" tll,ii~i" "",:"ncl',.;ng
$;1 Ei:;~ l7 .~: :'~ r-'M
Appru\'l'tl By
G (',':'u ,I'" ~'i;ll\iJl_
,"',nw,:;liti',"
'c'i; Ul.'/idlC' Uin:',' ,or
[hi"
'\ppnl\'<:d II)'
..Sl."lc\"'-
-.., S"~(1[j~ 5 -';:'; ::.1\ ~
J"~',rh ,; ~>c: Ic"itt
_nl~ :J::lt\ ii.", ,t}['l1U;t So
'C "'.-",-C1l1~lE "t~1 :,crv<<>F (,Iin ,m;tr"L"
Lre,'\)
t:l1v:rr: "',cnt~1 ,; )"",(.<:,$
c.om,'." ":1" .'e\,( IDIJ' ,cd 3. ":'n>;lHln't;' DC" ("IOPMl.' :t &
~o,,','iwrl'm "t.11 S~rv,',"c, ;'.Clll';n.
$":'2C~()7 4:"; PiA
Appro\'l'll By
CHiS Co'C"(i \~,
C C' LJ n:,' r.1 J nJ y:,' I' '~,'fl'; "e,
"~:r);!',,,
DJtt,
:jff'rcr (J' 1\~""'2CjC "cr.t (;, ;:<."I('"t
5,2',i20C'" 3 ~, "M
0',,",I('('--I;..<1;1h'$1
CJ".~
Appro'ed By
Y:.ri-. !:-,"~kS(',f)
Cou;,t,' r/~r;?(;':'" Ufhu:
Uffice' "I ~""'l",KJ1I,,,r, Ii 8\"I;1'::t
,y,"'Oj74S:'
.\ppnweuBy
",n<v r/J''ii1{j'2I'
DMc
J,JH~'~, V. hu;:id
BC;fd ,;',j C'",'n!'i
C ':' I :.";,',, '~i C' It: r~'
r:;-'cmtyP. ,'nn,-'t:r's Jfh,,,,'
'-',"1,2()()~ 1:2!1 ~'r"
-~ ,--- ,:..;)
<2,-;::
;e~~~
:;:'..J Q)
-,...,.- ::n
~-~~
6) :3
=,
1l
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1i
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<(
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L
TIll [ITT7"~ ~--~:roJ:rru/;')rll;1 /\ .
. - LL)'<dIrII:=;,.Y'~ v.:J11 ~(
-rc./ ~-~rr ~1Jfi!j\ ,[, \ D 'I'H
'~J.J.lJi', . .--(0)U .~ H i,~
1IJ:Uj,@J jT'\!\.sr~\\J))\--- H.] \
t, '. ./.JJJJ I "\ ul~ "'8s. ~~ I
d' ~ r~~~' .~IH
b/"~, .,.. 5 -j }.L\..l./ P:1 -c it
! W~ PJJ11IIIII;~_~lIITI i I j L~I ,I
f~~--4~.}'f1~TI~JJIrJIi(~._ T1 \~~(
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'S:~ C)C07
CERTIFICATION OF CONTRIBUTORY ASSE ~ . COUNTY' :c. zff~
Quail West, Phase 3, Unit 6
PROJECT NAME:
LOCATION: All that portion of Section 7. Township 48 South, Range 26 East lying East of 1-75 Right of Way,
less the North 60' thereof, and the West Y, of Section 8, Township 48 South, Range 26 East,
less the North 60' thereof, Collier County, Florida
NAME & ADDRESS OF OWNER:
Quail West limited, 6289 Burnham Road, Naples, Florida 34119
TYPE OF UTILITY SYSTEM: Potable Water (Materials Only)
lITEM SIZE QUANTITY UNIT COST TOTAL
PVC DR18 CL150 8" 1062 If $4.99 $5,299.38
PVC DR14 CL200 8" 31 If $6.31 $195.61
PVC DR18 CL150 10" 2345 If $7.55 $17,704.75
PVC DR14 CL200 10" 152 If $9.53 $1,448.56
Gate Valve & Box 8" 1 ea $634.48 $634.48
Gate Valve & Box 10" 7 ea $958.72 $6,711.04
22 Y, Degree Bend 8" 16 ea $134.87 $2,157.92
Single Water Service 2 ea $256.39 $512.78
Double Water Service 15 ea $512.78 $7,691.70
Permanent Bacterial Sample Point 2 ea $603.87 $1,207.74
TOTAL COST $43,563.96
I do hereby certify that the quantities of material described above are true and accurate representation of the as-
installed cost of the system.
CERTIF)'I~G: d
vJi!J4t---
Hank Morvan
of Naples Road Building Corporation
STATE OF FLORIDA )
}ss:
COUNTY OF COLLIER )
The foregoing instrument was signed and acknowledged before me this d.'7Ih day of JLl f'1
Mn./r fflf'lr lInn who is personally known to me and who did nol take an oath.
SEAL:
,2004, by _
fJb?to ~)
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C_UION OF CONTRIBUTORY ASS~
!t~:.:r::, n:J. fA 1
UNTY
~~~~ij,~
\QJ~)7
PROJECT NAME:
Quail West. Phase 3. Unit 6
LOCATION: All that portion of Section 7. Township 48 South, Range 26 East lying East of 1-75 Right of Way, less the
North 60' thereof, and the West Y. of Section 8, Township 48 South, Range 26 East, less the North 60'
thereof, Collier County, Florida
NAME & ADDRESS OF OWNER:
Quail West Limited, 6289 Burnham Road, Naples, Florida 34119
TYPE OF UTILITY SYSTEM: Sanitary Sewer (Materials Only)
liTEM SIZE QUANTITY UNIT COST TOTAL
PVC Sewer Pipe (0-6') 8" 865 If $3.07 $2,655.55
PVC Sewer Pipe (6' - 8') 8" 1133 If $3.07 $3,478.31
PVC Sewer Pipe (8' - 10') 8" 392 If $3.07 $1,203.44
PVC Sewer Pipe (10' - 12') 8" 484 If $3.07 $1,485.88
Manhole (0-6') 4' 4 ea $1,175.54 $4,702.16
Manhole (6' - 8') 4' 4 ea $1,547.60 $6,190.40
Manhole (8' - 10') 4' 3 ea $1 ,984.32 $5,952.96
Manhole (10' - 12') 4' 1 ea $2,104.10 $2,104.10
Service Laterals 6" 880 If $1.74 $1,531.20
Single Clean Outs 6" 12 ea $111.87 $1,342.44
Double Clean Ouls 6" 10 ea $223.75 $2,237.5(
PVC Force Main CL150 DR18 Pipe 4" 803 If $1.64 $1,316.92
PVC Force Main CL200 DR14 Pipe 4" 135 If $2.11 $284.85
Plug Valve 4" 1 ea $345.59 $345.59
Pump Station 1 ea $36,964.48 $36,964.48
TOTAL COST $71,795.78
I do hereby certify that the quantities of material described above are true and accurate representation of the as-installed
cost of ~ system.
,.
R I G/
/
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
The foregoing instrument was signed and acknowledged before me this 2/:HJ:L day of :full' ,2004, by
who is personally known to me and who did not take an oath. \\'l\"\\H1iJiiilll; I
"\.\~_Cli\a Heman';'''..::;..
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.
,!:\,c;snda I tsrn 1\]0. 16,L\2
" JJn.o 12. 2007
F:age 1 of 5
EXECUTIVE SUMMARY
To accept final and unconditional conveyance of the water facility for Royal Cove
Plaza
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
the water facilities.
CONSIDERATIONS:
1) The Developer of Royal Cove Plaza has constructed the water facility within
dedicated easements to serve this development. See attached location map.
2) Preliminary acceptance of this water utility facility was approved by the Engineering
Services Department slaff on February 17, 2005. At that time, the value of this utility
facility (assets) was $4,155.50 (see attachment[s]). Final Acceptance is in
accordance with Ordinance 2004-31, as amended.
3) Staff has 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 facility has 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 Engineering Services Departmenl staff and this facility has been
found to be satisfactory and acceptable.
6) The Utilities Performance Security (UPS), in the form of Cash Bond in the amount of
$8,990, will be released to the Project Engineer or the Developer's designated agent
upon the Board's approval of this Executive Summary.
7) The water utility infrastructure connected beyond the master meter is owned and
maintained by the owner.
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 Districi receiving unconditionallitle to the utility facility, which al the time of
preliminary acceptance, had a total (undepreciated) value of $4,155.50.
GROWTH MANAGEMENT IMPACT: Approval of this Executive Summary will have no
growth management impaci.
..........
!tE::;I ~'JO. '[ GA2
June ~2, 2C)07
:: ~)j 5
LEGAL CONSIDERATIONS: No additional legal review from the County Attorney
was required to complete this final acceptance.
RECOMMENDATION: That the Board of County Commissioners, Ex-Officio the
Governing Board of the Collier County Water-Sewer District, to accept final and
unconditional conveyance of the water facility for Royal Cove Plaza, 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
ttemNumber:
Item Summary:
Meeting Date:
Page] of]
.t\~1(;11;:!' It, [1', r-Jc, 'fA2
J' r;( 12 ~:UC7
. '~it ;0;
COLLIER COUNTY
BOARD:;r (GUIlTY CO:"1i,lL:;SIOI,trs
iEA::'
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CDES EnqinoNing Service"
~!j4,-2()07 3,21 21 PM
CDES E:"gin<oerollg Sf"V'C"~ Din,Clor
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Tllornas E. huck. "'_E.
CCi\1rnllnily D<evelapmenl &
Epv,ronmcntill S~r/ices
CD!::SF."Jine",rjng Scn"ccs
"i14,'100i 3~" PM
r,1ulent Slew~rt
ExeClJ!ivc Sacretnry
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ApproHdBy
'\I'pnf\'cd fly
Community l"IVelopment & Community Development &
E"Vlrq"'\lPllt~~ S<:rvica~ Adr'r,m.
5115.'2001 ::'04 PM
En ;iromnel~t~1 Seevie,;s
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;:,.' ~.: 2e: C:;- <'; 41; f' ~.,~
Appro\'ed By
'>'.,F; C"Grc;',.,,,1c
v.,J01:\,\\,,,,,,qc(,-Ci'r,c,
'A,.-if:::, r,;,n;,lWf
r:"te
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~:l:;:;,'2i:iJ7 ~G' f'M
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CJiite
AllpnJY[.d B)'
1":.'!I'kl",'cl"--,011
C"uniy ~.'i'>r:c'.J"r'" Olne'l
r:'~'fic" ,,~ M"""!,, r',<:rH 2. S"dc"-'\
i:."'~'i[j7 :'1:" M
Approved By
".""n~v I':.",,~(wr
~\'.e
-1,"7"" Pi",:!tl
!':",,<r<J '.)f'~(wn'y
c",,,,,, '~'-i,W"''''',
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j of 5
CERTIFICATION OF CONTRIBUTORY ASSETS - COUNTY
PROJECT NAME: Roval COile Plaza
LOCATION: 13230 -13250 Tamiami Trail North
Section 15, Township 485, Range 25E
NAME & ADDRESS OF OWNER: Philip Gytierrez
3471 Bonita Bay Blvd.
Bonita Springs, FL 34134
TYPE OF UTILITY SYSTEM: POTABLE WATER (MATERIALS ONLY)
I ITEM SIZE QUAN. UNIT COST TOTAL I
Tapping Sleeve and Valve 12"x8" 1 EA $1,347.00 $1,347.00
DR 14 Pipe 8" 98 J' ~ $4.75 $465.50
Fittings 8" 1 LS $952.00 $952.00
Riser to Fire Backtlow 6" 1 LS $400.00 $400.00
ARV 1" 1 EA $521 .00 $521.00
Service 2" 1 EA $470.00 $470.00
TOTAL COST $4,155.50
I do hereby certify thatlhe Quanmies of material described above are a true and accurate
representation of the system being contributed to Collier County Utilities, Inc.
CER:;Z:
I
, r(~~
v
OF: Sun Coast Underground Utility Construction Corp.
STATE OF FLORIDA )
) SS:
COUNTY OF COLLIER )
The foregoing instrument was signed and acknowledged Defore me this 30th day of June,
2003 by Robert LaForce who is personally known to me and who did not take an oath.
~---
SEAL:
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I'.aeflda Item 1'0. 16A3
" JUrle 12,2007
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation to approve final acceptance of the sewer utility facility for Royal
Cove Plaza
OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of
the Collier County Water-Sewer District, to accept the conveyance of the sewer facility.
CONSIDERATIONS:
1) The Developer of Royal Cove Plaza, has constructed lhe sewer facility within
dedicated easements to serve this development. See altached location map.
2) Preliminary acceptance of this utility facility was approved by the Engineering
Services Department staff on October 1, 2004. At that time, the value of this utility
facility (asset) was $3,510 (see altachment(s)). This Final Acceptance is in
accordance with Ordinance 2004-31, as amended.
3) Staff has 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 sewer facility has 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 lhe Engineering Services Department staff and this facility has been
found to be satisfactory and acceptable.
6) The Utilities Performance Security (UPS), in the form of Cash Bond in the amount of
$5,738.14, will be released to the Projecl Engineer or the Developer's designated
agent upon the Board's approval of this Executive Summary.
FISCAL IMPACT: Approval of lhis 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 utility facility, which at the time of
preliminary acceptance had a total (undepreciated) value of $3,510.
GROWTH MANAGEMENT IMPACT: Approval of this Executive Summary will have no
growth management impact.
LEGAL CONSIDERATIONS: No additional legal review from the County Attorney
was required to complete this final acceptance.
-
item ~\fo. ~ CA3
June 12. 2007
:2 D': 5
RECOMMENDATION: That the Board of County Commissioners, Ex-Officio the
Governing Board of the Collier Counly Water-Sewer District, to accept final and
unconditional conveyance of the sewer facility for Royal Cove Plaza, and authorize the
County Manager, or his designee, to release the Utilities Performance Securily (UPS) to
the Project Engineer or the Developer's designated agent.
PREPARED BY: Jodi Pannullo, Engineering Technician
Item Number:
Jtem$ummary:
Meeting Dale:
Page] of I
',q m;l;; il,,~:; r Jo
Jl;rIE;12
::';q( :-5
COLLIER COUNTY
80M:D OF c:our;n :::Or,1kHSC;ICHH:PS
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i,(jmlnl~t,,,livl: P",sl:;l~flt
D~le
Prepared By
JOd,P'Hlnulic
('.omnluflltv Dc.yclGprneni &
fn"lronmem.)rs(~r'!lu"s
C[\E;;E.'qinef,rir,y 5e,'J;cc-s
5.'14.'2:)07 }c2f; JOf'M
Tl)om~5 E. Kuck. P.E
CUES E"3i""Ni';q SN\i'CC'~ Direnor
O,ne
APllrHv('d By
Con,mu,-,ily D{)\,('lopme,,1 &
E"viron",,,,ntaIServices
CDES En)in(",rir,g S.,,\;,CCS
5141~O()7 345 PM
Mariene St(-w~rt
Excca,tivl Secm\ary
Dure
Appro\led By
Environm,);l!niS,''''.,iccs
Cmllrnunity Develcpmcr.; II. C,_)t-.-.oFUf;:\y Devehpm()tlt &
E'nvlron'nen\~1 SnrVi(0-i. p',cimin
511512I)J7 2::0' PM
Approncl By
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Of"er"tlot1S Anal\'sl
D"ie
EnVlfon,',enlal S>-',viGes.
CctTlmurlity ,.l'ovciG;Jment & c.o,rlllunlly Oevcr'-,pme,','"
f.:w;rcn",entaIS8rv,c,:,,/i.:lmin
511';,'2007 9 V:' AM
Approved By
SkphcnL.!!i1gy
hi bile LJ~il;t'e~.
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\,j"~;tr'\Inter
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Aaenda item No. 16A3
- June 12, 2007
Page 5 of 5
CERTIFICATION OF CONTRIBUTORY ASSETS - COUNTY
PROJECT NAME: Royal Cove Plaza
LOCATION: 13230 -13250 Tamiami Trail North
Section 15, Township 48S, Range 25E
O;~,"l '.
i.. " ,~i;
~"/14L
NAME & ADDRESS OF OWNER: Philip Gytierrez
3471 Bonita Bay Blvd.
Bonita Springs, FL 34134
TYPE OF UTILITY SYSTEM: SANITARY SEWER (MATERIALS ONLY)
liTEM
Tapping Sleeve & Valve
Direction Drill DR 11
DR 11 Carrier Pipe
DR14
Fittings - 45 degree bend
ARV
4"x4"
8"
4"
4"
4"
2"
QUAN.
1
30
35
40
4
1
UNIT COST
EA $686.00
LF $20.00
LF $4.00
LF $2.25
EA $102.00
EA $1,586.00
TOTAL I
$686.00
$600.00
$140.00
$90.00
$408.00
$1,586.00
size
TOTAL COST
$3,510.00
I do hereby certify that the quantities of material described above are a true and accurate
representation of the system bein9 contributed to Collier County Utilities, Inc.
OF: Sun Coast Underground Utility Construction Corp.
STATE OF FLORIDA)
)SS:
COUNTY OF COLLIER )
The foregoing instrument was signed and acknowledged before me this 2nd day of Augus~
2004 by Robert LaForce Jr. who is personally known to me and who did not take an oath.
M0
SEAL:
. MAR[WORCl!
"'otayPubic-S1rrlB of_
ie ,:$. MvCorrr'i".v-.rr~>'f!b19.7CD5
.. , :!'., {"',.nI".......:.....:'V' '1r-.--o-:ry1.A:1 .
...;.;..r
Agenda lt2m ~,Jo. 16,A.4
June ~,2. 2007
Page 1 '016
EXECUTIVE SUMMARY
Recommendation to approve final acceptance of the water and sewer utility
facilities for Stratford Place - Carriage Homes
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 facililies.
CONSIDERATIONS:
1) The Developer of Stratford Place - Carriage Homes, 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 Engineering
Services Department staff on March 12, 2004. At that time, the value of these utility
facilities (assets) was $53,683.90 for the water facilities and $83,145.00 for the sewer
facilities (see attachment[sJ). This final acceptance is in accordance wilh 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 lhan, the required one (1) year warranty
period.
5) A final inspection to discover defects in materials and workmanship has been
conducted by the Engineering Services Department 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.
6203624, will be released to the Project Engineer or the Developer's designated
agent upon the Board's approval of the Executive Summary.
7) The water utility infrastructure connected beyond the master meter is owned and
maintained by the owner.
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 $136,828.90.
,.......,
GROWTH MANAGEMENT IMPACT: Approval of this Executive Summary will have no
growth management impact.
!:'~ill I\b. 1G!\4
J~)ne "12, 20C7
? .:,lge :2 (.'it 6
LEGAL CONSIDERATIONS: No additional legal review from the County Attorney is
required to complete this final acceptance.
RECOMMENDATION: That the Board of County Commissioners, Ex-Officio the
Governing Board of the Collier County Water-Sewer District, authorize final acceptance
of these water and sewer utility facilities for Stratford Place - Carriage Homes, and
authorize the County Manager, or his designee, to release the Utilities Performance
Security (UPS) to the Project Engineer or the Developer's designated agent.
PREPARED BY: Jodi Pannullo, Engineering Technician
Item Number;
Item Summary;
Meeting Dilte:
Page I of 1
l\'qe r ,dill f r:~ rJ Co 1~, L\4
w' :,007
f",':l' n;6
COLLIER COU/o;TY
BOi\F~D QF r.:ourHY COt,lf,liS$I:)NO::?S
':,4
F'r., o;",m ',,-jdIIGI' je) d;;prOVE,' f,:lal ,I~':"r~a",:"c of IF Ie '';,',",\1'' );',d :,,,-"',,,
for
:3lralbIJ' lace (_',YrriJge H01 ,~s
- ::.'2(;<;- ',:-;(; r-;C, ,~~
tuirnini5\r:<l'Vl: A~sistallt
n"te
I'repared By
Jod:f'Jnnulfo
Comrnur"tyOevcl'Jprnt'nf,&
EnvirQrnnentHISuviCl!S
CDES Etlg;tle"rrt1~ Services
t,!~":()1i7 0J~:27 AM
Thorn"5 t:. Kucv. r,E
CDE'S En,;!i""",rin\! St'rvIC"'i-Ulr",ctor
Date
Approved By
Community D'J'lFloprn"r.\ 8.
Environmental S,"r'Ji~"s
CDESE'r']inoerillg Services
5'f,;2D07 !l:55 t.'M
\'J~l"rOp(-)rJtionsMJnJ("H
DMe
l\pprll"CU By
P~fTIela L;bh)-'
Put,I;"Uttl;li(!S
WattH
5m,'~Ofl"1 r,2;:'I,M
W~\~r D'r"r-tQr
D.:llE'
Approvl'd By
Pa\JIr>,',,,rtall,,ch
PuLli,cUl1lit1!'S
WHter
5!~:2(l07 10:49 f,M
,",te
Approved By
St"I"~,,,n L.. I; Jg y
r'ublicUbiTes
\'j;'sle".-~I"r Ctd!', ellOn'. M~n')cWr
"'J,\St(,l'.'aler
1C'!CJD;" 7!j, "J~
'-:;"steW~!er[)i"'''t0r
O"te
Approwd By
G Gr;",'g(,Ytlmal
f"ut>lir- Utiliti~',
'.!Jc,~I(''.'''~I''r
5:1V:UO,j':jP,;,
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Approved By
f.~,'r")I1(: :;!!,'w"rt 'eet:,',''- "'~~r""~~)-'
""':i:n07 J;:!,- "M
ApprOI'l'd By
(:Gr',mu' '1', G"vClJrlll~n' & Commun'\y L-'cv,dNm,\.>r:t &
En"'iro"m.:',-;',,.: :" ''V'"'''' [',;'I\'rr,;)',n'''''\J~ :o.,",vi"p";'dm'n
D~l'.)
Jutl',:c-,'g :::Jnc..",.ic<;',:;t"l;.I'.'st
ApproH'd By
;:orHlT1U litv D ""JOpLTtC'" & C0l;1murl!ty L}(.'v~'nimIP!1t &
[-:"'''':'",w,~'nta ~~,.-"'/I~","S i'.1l,,'irQnmc,,'1.u! S""'i";():; icrlmin
5'1':',::DD7:J47 '-',1
P'''l'bfmC1,..rc,('nF.E.
r,,~,ji~ .~)j'lllw,
r-u:Ji.~ lh:li:,,-,~ t:,'<Vw 'rin;:; [lor"Clor
""
PUil!iC Uili,~i~s 2:"q'''~",'; 1<;1
4 2~ FiM
,,' nrnu,',ej') [1(; "'1";-,,-' ~q; &
Approved By
_'~,'(;pL r r,,"<1 'itl
""'m""l~\'li 2", .'-IC~i' Ac!",,' ;t",l:""
En''''0~m0ntrrl: ;" ,,', ,"'5
CQ:l1mU'1I'~: f}, "plPnn("nt & CO~lH'.unit)' DC>Il,I()pme": &
CO'!l'.'irc"""c..f'tal ~,c;r"ic~" A'tmin
5f:~2:2;l~ri" ~44 PM
'),..-':J C"\C' i'''' d:n
(1I',",':'C0;';-G':;;1<l1
l'mlG
Apprnnd By
en "nf,' '.,1" oR .," ~; (1Hi:e
':;fft~.., c:.' ',",~n''':IU11(:nt S B(Jd\mt
"i2S:::00'" 3:~'7" ' M
Approved By
Pt;....~ Ie,. (:v.~'o"
CeLlnt,;, i/~"nger'\ ':Hh;'"
!:-',i'~>Je\ /.-,;li\ ;,~t
r:.';'~
")'ti~._' of ("(;11 ,,,<:1' rn0m 5. eud(lQt
t.,1112GJ, ,,::if' I'M
,:::,_,,,pc\'r';'il"'.,,,,,,,
Dde
'\Ilproved By
,ir,n'," Ii, )Ac",tJ
fj'),o"j0' C'c,un\y
C'OfTI,,,<,,,;ju,,,,,s
'::("J_~l;' ~i, ,111a"v-' '
U.l,'20n7 1,.S? ,~M
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02/06/2004 16:44 FAX 239 947 0375 Q Grady Minor & AssoC.
CElmtATION OF CONTRIBUTORY ASSETS. ANTY
Ii!Iuuo
/\aenda item ~~o. 16A4
~ JU:i8 :2,2007
Page 5 of 6
PROJECT NAME: STRATFORD PLACE (COVENTRY - CARRIAGE HOMES)
LOCATION:
Section 18, Township 49 South, Range 26 East
Collier County, Florida
NAME & ADDRESS OF OWNER:
Pulte Homes Corporation
9148 Bonita Beach Road, Suite 102
Bonita Springs. FL 34135
iYPE OF UTILliY SYSTEM: POTABLE WATER (MATERIALS ONLY)
Item Size Qtx, Unit Cost TOTAL
WatJ3r SerVice 2" 15 EA $435.00 $6,525.00
Water SeNice w/4" PVC casing 2" 14 EA $465.00 $6,510.00
PVC Water Main (CL 200) DR14 8" 130 LF $7.60 $988.00
PVC Water Main (CL 200) DR18 8" 3.359 LF $7.10 $23,848.90
Gate Valve & Box 8" 10 EA $497.00 $4,970.00
PVC Water Main DR 14 (road crossings
for hydrants) 6" 280 LF $7.05 $1,974.00
Permanent Bacterial sample Point nla 2 EA $535.00 $1,070.00
Permanent BIowoff w18" Gate Valve nla 1 EA $1,123.00 $1,123.00
PVC Tee 8" 3 EA $365.00 $1,095.00
45 MJ Bend 8" 1 EA $186.00 $186.00
11.25 MJ Bend 8" 28 EA $186.00 . $5,208.00
90 MJ Bend 8" 1 EA $186.00 $186.00
TOTAL COST I $53,683.90 I
I do hereby certify thai the quantities of material described above are a true and accurale
representation af the system being contributed to Collier County Utilities, Inc.
CERTIFYING: Freel Russell, Vice President
/?)Guymann ~.nS3)
'--r~ ~
STATE OF FLORIDA )
)S5:
COUN1Y OF COLLIER)
7! 1.
The foregoing in&lIUmenl was signed and acknowledged before me this 9 day of J ~
2004 by rj;ef) !?qSS(// who is p8rsonalv known to me and who did notteke an oath.
~ BowrlYR.""'"
! . My~OO"7003
. SEAL.: 'Vi..';; ~Jan_".2()O'
~;(J/~
( . tary Public
2/8I2004-Whipp Strat\Urll Qed\Condos\Strarlbrd PI Covemry CondomInium COSt Cenlftcallons-ConP1b A88eta PQt WBter
Page 1 of1
-'
02/06/2004 16:44 FAX 239 947 0375 Q Grady Minor & Assoc.
CERTATlON OF CONTRIBUTORY ASSETS - _NTY
PROJECT NAME: STRATFORD PLACE (COVENTRY - CARRIAGE HOMES)
lfIJuuo
I "1"', ~'~C). 1 S,L4
,JL: ,,2 i 2 2GCi 7
c~ of;)
LOCATION:
Section 1B, Township 49 South, Range 26 East
Collier County, Florida
NAME & ADDRESS OF OWNER:
Pulte Homes Corporation
9148 Bonita Beach Road, Suite 102
Bonita Springs, FL 34135
1YPE OF UTlLI1Y SYSTEM: SANITARY SEWER (MATERIALS ONLY)
!ltin ~ QtL Unit Cost TOTAL
Pump Station (Flygt) 1 EA. $74,835.00 $74,835.00
PVC Sanitary Sewer (14-16' cut) 8" 330 LF. $3.60 $1,188.00
Manhole (14-16' cut) 2 EA $2,990.00 $5,980.00
Force Main 4" 15 LF. $1.80 $27.00
Cheek Valve 4" 1 EA. $1,115.00 $1,115.00
TOTAL COST I $83,145.00 I
I do hereby certify that the quantities of material described above are a true and accurate
representation of the system being contributed to Collier County Utilities, Inc.
CERTIFYING: Fred Russell, Vice President
~uYmannConsto~
_n-'\I~__
STATE OF FLORIDA )
)55:
COUNTY OF C~ER)
The foregoing instrument was signed and acknowledged before me this c; t! day of j ~ < (y
2004 by rUj) ;("55r// who is personaly known to me and who did notta"e an oath.
~c;( /I~
SEAL:
,...~_R.H_
!"~ . M'I CommiSlion 00251003
,\C7f-,/ c_~_'.'2<lO.
.." ~..
2/&I2004-W'1ipp Strat\UtU Oed\Condos\Slratfgrd PI Coventry Condominium COst Cortific:atlOns-cont~ Sewer
Page' Of ,
I
r'-
j'J..oenda It8m No. 16A5
~ June 12. 2007
?a;:p 1 ~,f 6
......._,
EXECUTIVE SUMMARY
Recommendation to approve final acceptance of the water and sewer utility
facilities for Stratford Place Townhomes
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 Stratford Place Townhomes, 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 Engineering
Services Department staff on June 8, 2004. At that time, the value of these utility
facilities (assets) was $103,635.85 for the water facilities and $48,117.60 for the
sewer facilities (see attachmenl[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 Engineering Services Department staff, and these facilities have
been found to be satisfactory and acceptable.
FISCAL IMPACT: Approval of this Executive Summary will have no specific financial
impact. However, approval of this Executive Summary will resull in the Collier County
Water-Sewer District receiving unconditional title to the utility facilities, which al the time
of preliminary acceptance, had a total (undepreciated) value of $151 ,753.45.
GROWTH MANAGEMENT IMPACT: Approval of this Executive Summary will have no
growth management impact.
LEGAL CONSIDERATIONS: No additional legal review from the County Attorney is
required to complete this final acceptance.
~.
I1,gen,::;a It':lrn h]o. ~i 6A5
clune ~!2. Z)CJl
2 C)f 6
RECOMMENDATION: That the Board of County Commissioners, Ex-Officio the
Governing Board of lhe Collier County Water-Sewer District, authorize final acceptance
of these water and sewer utility facilities for Stratford Place Townhomes, 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
Item Number:
Item Summary:
Meeting Date:
Page 1 of I
""Jew;:-;: C'fll ',~,f',5
'jl'(' ;'( \)7
,'? Ie "16
COLLIER COLNTY
[:OARD OF CmmTY CQ~M,liSSi~),"E:r:S
II_;}-,
p, ';r: ,,.',cl1::iaiio~, ie, :mi:,ru,n" ~"Ik "C,(~pt3",~(" of ',i'(: W(ltP.~ ;;;'l(,j s"",'cr ,-,'!',ly ~'bC' ,1\' 'iar
Sl~2t;(:-rc! :'!aceTnymll:)'lPS
1;/.' )'1 O:JOC;dv1
AdrTlll1i',trutiyIC A~'''sl~nt
D~le
Prepared By
Jodi P~nr."n[)
Commun'IY Development &
E.nvironment,1IServices
CDr.SE.ngmonif\gS(!rVICCS
518!200710.3643!cM
Approved By
sass Engineering Servlcns Dirlcclor
Dale
Thom<l~ E. Kud-:, P,E
Community Development &
El1vironmenlaiScrJ'ceS
CDES Engine~ril18 SerVln,-!;
Wli20071Dc43(,M
Approved By
W"ter Opc'J(ion~ M"rwger
Dat,-
PamdJUbby
f'utll1cl![,lit",s
\,\iel{-)r
51')0007 f23A\1
'\pproved By
V',aterDn-ccter
C)~te
P<lUI ~I'atl~\I,;(,h
Public Uti;it,,,s
\\",I(Jr
Sl')i20071():47 'M
\"J~Sl"w"lr,r ;:;,,;1, ,.;ti0'15 1"Jn;J~,,'r
'),,(D
Approwd B)'
SIf'phon L h:agy
r'ub:ic ,Hilil1e~
W~sl"I"hder
S:10/2D07 75[.!IM
\Se~tl:Ni;ner Di',ct"r
8,to
Approved By
G. (i,oO'ge ',-;lm~z
PutiicUtilit,es
v\l"ste\\i;><-er
'^;j1t1i2,jQ7:::4::::"r,1
E':)(:\J!''l[ St'~r('t:'lrY
[,~\"
,-\Ilprovcu By
Mariene 5t[":";.,'1
En"lrc>nrn~n;a!Spr'JicH;
'::Gmm",,;t,' [",v:o, opmen: If. C-)'-"IlHlrl!!\' Db'ti"nrnnd &
E:r;'i,,'onrr;(,'1\~! S",n',ces4drrin
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CERTaTION OF CONTRIBUTORY ASSETS -aNTY
Agenda Item I~o. 16A5
June 12, 2007
Page 5 of 6
PROJECT NAME: STRATFORD PLACE (Townhomes)
LOCATION:
Section 18, Township 49 South. Range 26 East
Collier County. Florida
(g(Q)[P)W
NAME & ADDRESS OF OWNER:
Pulte Home Corporation
9148 Bonita Beach Road
Suite 102, Bonita Springs. FL 34135
TYPE OF UTILITY SYSTEM: POTABLE WATER (MATERIALS ONLY)
!!!!!! ~ ~ Unit Cost TOTAL
Water Main (DR 14) 8" 90 L.F. $7.60 $684.00
Water Main (DR 18) 8" 4,540 L.F. $7.10 $32,234.00
Water Main 6" 97 L.F. $7.05 $683.85
Gate Vaive 8" 11 EA. $497.00 $5,467.00
Air Release Valve 2 EA. $895.00 $1.790.00
Pennanent Bacterial Sample Point 2 EA. $535.00 $1.070.00
Single Water Service wI casing 2" 1 EA. $435.00 $435.00
Double Water Service wI casing 2" 40 EA. $465.00 $18,600.00
Double Water Service 2" 75 EA. $475.00 $35,625.00
B" X 8" MJ Tee 3 EA. $365.00 $1,095.00
8" 45 MJ Bend 13 EA. $186.00 $2,418.00
B" 11.25 MJ Bend 19 EA. $1 B6.00 $3,534.00
TOTAL COST $103,635.85
I do hereby certify that the quantities of material described above are a true and accurate
representation of the system being contributed to Collier County Utilities, Inc.
CERTIFYING: Fred Russell, Vice President
c:Yrc:9ion
OF:
STATE OF FLORIDA)
)SS:
COUNTY OF COLLIER )
The foregoing instrume~ was signed and acknowledged before me this .$' day of /lJ~,
20c#by F'1e-€ D A'w SS t' // who is personaly known to me and who did not take an oath.
I~ ~II~
SEAL:
~ '^' ....rIy R H_
e r~ . My Comml..ion 00261003
'\,~j _"""'1'/,0,2000
...--- " -~"
CEReATlON OF CONTRIBUTORY ASSETS .UNTY
PROJECT NAME: STRATFORD PLACE (Town homes)
LOCATION:
Section 18, Township 49 South, Range 26 East
Collier County, Florida
NAME & ADDRESS OF OWNER:
Pulte Home Corporation
9148 Bonila Beach Road
Suite 102, Bonita Springs, FL 34135
TYPE OF UTILITY SYSTEM: SANITARY SEWER (MATERIALS ONLY)
llim! Size 9!l!. !!!!!!
PVC Sanitary Sewer 8" 3,841 L.F.
Manhole (0-6') 4' 5 EA.
Manhole (6-8') 4' 2 EA.
Manhole (8-10') 4' 3 EA.
Manhole (10-12') 4' 1 EA.
Manhole (12-14') 4' 2 EA.
PVC Double Sewer Service (<60') 6" 87 EA.
PVC Single Sewer Service (<60') 6" 57 EA.
TOTAL COST
I do hereby certify that the quantities of material described above are a true and accurate
representation of the system being contributed to Collier County Utilities, Inc.
CERTIFYING: Fred Russell, Vice President
---@r"""'" C,""ru~
OF:
:jern !.h. "j 6l'-5
.1~me -:2 20'J7
r'>dqe 0; of 6
(G(Q)~W
Cost
$3.60
$760.00
$1,130.00
$1,520.00
$1,940.00
$2,360.00
$130.00
$100.00
STATE OF FLORIDA)
)ss:
COUNTY OF COLLIER )
The foregoinjl instrument was sijlned and acknowledged before me this JI day of /?J~
200jfbY Pte.e 1) 1''1 SS~ II ::::ho is personaly known to me and who did not take an oath.
!~t.II~
SEAL:
~ _RH_
. '::1\ '" Comm"._ [)0251003
...!!'f j ExpifOI.JlInuary 10.2000
....."
"n.'''''''A u,....__ .,.._"".:, .....__ll"._..__... T_..._,-_..__ r"__. ,...._~""~_,,___
- -,.
I'
TOTAL
$13,827.60
$3,800.00
$2,260.00
$4,560.00
$1,940.00
$4,720.00
$11,310.00
$5,700.00
$48,117.60
A~enda !tern No. 16A6
June 12. 2007
Page 1 of 4
EXECUTIVE SUMMARY
Recommendation to approve for recording the final plat of "Marquesa Royale"
OBJECTIVE:
To approve for recording the final plat of "Marquesa Royale", a subdivision of lands located in
Section 36, Township 48 South, Range 25 East, Collier County, Florida, following the alternative
procedure for approval of subdivision plats pursuant to Resolution 99-199.
CONSIDERATIONS:
Engineering Review Staff has cornpleted the review of the construction drawings, specifications,
and final plat of "Marquesa Royale". These docurnents are in cornpliance with the County Land
Developrnent Code and Florida State Statute No. 177. All fees have been paid. There are no
required subdivision improvements associated with this plat.
Engineering Services Department recommends that the final plat of "Marquesa Royale" be
approved for recording.
FISCAL IMPACT:
~
The County will realize revenues as follows:
Fund: Community Development Fund 131
Agency: County Manager
Cost Center: 138327 -- Engineering Project Review
Revenue generaled by this project:
Total: $1030.00 pial review fee
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 sile 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
immedialely stopped and the Collier County Code Enforcement Department contacted.
---
itEiTi r'~o. ~! SAG
.Jun.? -: 2, ~2CCi7
2 e!f t4
LEGAL CONSIDERATIONS:
The County Attorney's Office has reviewed and approved the plat and associated legal
documents for legal sufficiency.
RECOMMENDATION:
That the Board of County Commissioners approve the final plat of "Marquesa Royale" for
recording.
PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department
~ ....
flag!.; 1 of 1
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COLLIER COl'NTY
bOAR!) OF COUNTY CQI,~M:SS[ONEr:S
Item Number:
1':>'6
Item Summary:
T:'II~ I ('rT, 1',','JlW',)S I!-',ai ';x pa~T(' d;~CIOSU'8 be pro'r!e-'d hy ::>:nlnl'<,~'ur' !J]iJrT,t,w<. SI-,c',~,I(j il
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Meeting Date:
~ :'i:'C:)c:,L DC;:;Ii
Preparcll By
,iohll HOlJidswortll
SeniorE:n[JII1"er
D.1te
Community Development &
E(1vironmt:ntaIS"rvices
".tlgi[H.'e'ing Servlcp.~
511412007 S,G:: (7 AM
Appruvl'd By
Tllomas E_ Kuc~ P_E,
CDES Enginecnn(; Scrvi~e~ Director
Date
Community D(!vclopment &
Environmental Services
caES Engmeocritlg Ser\!lces
5/14/20078:59 I,M
Approved Bf
Marlene Stewart
f)<eculivcS"neta'y
O"te
Cornmup;ty Devclcpmenl & Community Development &
Enviwnm'JlllaISer'iic",;
E.nviron<rwntal :'''rvi(:e~ Admin.
5123::n07 S30 AM
Apprond By
Judy P~'ig (\pcr;;liotls Al1alyo;t
Dale
COrnnlUrllty DfOV' 10pl1l(>0' & CommlJ,dy Dc:v"lvpmrom &
environment"! S",v,c"',,, [nvirormIDn~al S"r'."",,!> {,drnin
G/2:::20079.3c '.M
Allpro\'ed B)'
JosephK.Schon,tt
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A[i"ncla Item r"o. 16A7
June 12, 2007
1016
EXECUTIVE SUMMARY
Recommendation to approve for recording the final plat of "Silver lakes Phase Two-G"
OBJECTIVE:
To approve for recording the final plat of "Silver Lakes Phase Two-G", a subdivision of lands
located in Section 10, Township 51 South, Range 26 East, Collier County, Florida, following the
alternative procedure for approval of subdivision plats pursuant to Resolution 99-199.
CONSIDERATIONS:
Engineering Review Staff has completed the review of the construction drawings, specifications,
and final plat of "Silver Lakes Phase Two-G". These documents are in compliance with the
County Land Development Code and Florida State Statute No, 177. All fees have been paid,
There are no required subdivision improvements associated with this plat.
Engineering Services Department recommends that the final plat of "Silver Lakes Phase Two-
G" be approved for recording,
FISCAL IMPACT:
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: $1,085.00 - plat review fee
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,
,,-'~
IL~;T'! t--jo. GA?
,!'_j:-'3 ~ 2, :20C,7
2 :y[ I::)
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 "Silver Lakes Phase Two-
G" for recording,
PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department
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Item Number:
lIemSummary:
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- June 12, 2007
Page 5 of 6
HastingsKendra
From: on behalf of fiala_d
To: LABOOK904@aoLcom
Subject: RE: Silver Lakes/Conquest Development
Dear Mr, Bach,
Thank you for your email regarding Silver Lakes,
The Board started their meeting one hour early today so she was unable to see this. I will pass along your e-mail
to her when she takes a break, for her to review,
Sincerely,
K-endrtl /Ttlst[ngs
Kendra Hastings
Executive Aide to Commissioner Donna Fiala
Phone: 239-774-8097
Fax: 239-774-3602
Email: kendrahastings@collieraov.net
From: LABOOK904@ao1.com [mailto:LABOOK904@ao1.com]
Sent: Tuesday, May 22, 2007 5:42 AM
To: fiala_d
Subject: Silver Lakes/Conquest Development
Dear Mrs, Fiala:
Currently we have a problem with the Developer bringing Silver Lakes into compliance with the Health
Department as it relates to our pools and the required water flow, I have been in contact with Mr. Rech of the
Health Department he in turn has been working with the Building Department to resolve this issue. We are
concerned that Conquest Development may not bring the pool into compliance, Can this issue be addressed
today at the plat hearing? I know this is very short notice and I apologize for that. Mr, Rech has been in contact
with Mr, Hammond and Mr, Schmidt and is trying to tie any CO to resolution of the water flow issue, We have had
this problem for over seven years without a concrete solution,
I am the president of Silver Lakes, We would appreciate any input you may have.
You can call me if you would like at 630-258-0002 this is my cell phone.
Jim Bach
See what's free at AOL.com,
5/22/2007
Ite;-il No.1 (!JAY
,j'Jij8 12, :20CJ7
6 of 6
COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES
ENGINEERING REVIEW SECTION
TO: Joseph K, Schmitt, Administrator
FROM: John R, Houldsworth, Senior Engineer
DATE: May 30, 2007
RE: Silver Lakes Phase Two-G / Addendum to Executive Summary
Approval for the final plat of Silver Lakes Phase Two-G has been continued to the June
12, 2007 BCC meeting. Silver Lakes community representatives had contacted
Commissioner Fiala regarding concems they had regarding sizing of the community pool
in relation to the number of residents within the community. This issue is being resolved
between the Health DepUl1mcnt and Building DepUl1ment Section of Community
Development and Environmental Services.
There appears to be no reason to delay the approval of the final plat.
cc: Bill Hammond, Director Building Department
Ken Reeh, P.E" Health DepUI1mcnt
Stan Chrzanowski, P.E., Engineering Review
I
Aaenoa item No. 16A8
" June 12,2007
F'age 1 oi 6
EXECUTIVE SUMMARY
Recommendation that the Collier County Board of County Commissioners approve
a budget amendment of up to $13,488 from FY07 Fund 186 adopted budget to cover
a gap in salary for the Immokalee Weed and Seed Coordinator position. (Companion
item to the Community Redevelopment Agency (CRA) approval of expenditure under
16G)
OBJECTIVE: The approval of a budget amendment by the Collier County Board of
County Commissioners (BCC) totaling $13,488 from FY07 adopted budget, to cover a
gap in salary for the lmmokalee Weed and Seed Coordinator position,
CONSIDERA TIONS: Attached is a copy of the February 28, 2006 Executive Summary
which formed the basis for CRA approval on February 28, 2006 of $24,000 from the FY
06 Fund 186 adopted budget to cover a gap in salary for the Immokalee Weed and Seed
Coordinator position. The CRA agreed to use the S24,OOO to cover the Weed and Seed
position from April 1, 2006 or whenever the new grant started.
The Empowerment Alliance was the fiscal agent at the time of the original CRA approval
of funds in 2006 and the Empowerment Alliance used $ I 0,5 1 2 of the $24,000 to cover
the salary and fringe from April 1 though June 30, 2006. On July l, 2006 the
Coordinator, Terrie Aviles, switched to the payroll of the Workforce Development Board
(WDB) which became the new fiscal agent. The new Weed and Seed grant did not start
until September or October, but had an official start date of July l, 2006, The WDB did
not bill the CRA for the remaining funding gap ($13,488) until January, 2007, and was
advised that the money had not been eartied over into the FY07 Fund 186 adopted budget
for this purpose.
FISCAL IMPACT: The CRA redevelopment effOlts are funded primarily through Tax
Increment Financing (TlF) revenue, In practice, revenue for this CRA is generated from
a rate applied against the captured assessed value ineremcnt. This assesscd value
increment is the differcnce betwecn the base assessed valuation within the
Redevelopment Area, established in 1999, and the new higher assessed valuation. It is
anticipated that the assessed value increment will increase each year during the
Redevelopment District's life providing for moderate tax revenue increases used to
finance redevelopment initiatives.
.-
CONSISTENCY WITH ADOPTED REDEVELOPMENT PLAN: Assisting the
Immokalee Weed and Seed program by funding the Coordinator's gap in salary is
consistent with the implementation of the County's Redevelopment Plan, According to
Section 4.4 of the Plan (Community Objectives), the enhancement of the community
image and the perception of the community as a safe town arc emphasized in the area in
order to "increase community policing activities; maximize current recreational activities;
create an incentive program for litter control and neighborhood cleaning," Also, Section
4,7 (Redevelopment Area Goals), neighhorhood stability is encouraged through the
/\;j'3!lda :~Brn ~~O. ~ G.:-8
.'lms i 2, ,.:.'JJ7
:2 rJf G
implementation of additional streetlights, sidewalks, and landscaping throughout the
community."
GROWTH MANAGEMENT IMPACT: Policy 4,7 of the Future Land Use Element of
the Growth Management Plan states that redevelopment plans may he developed for
specific areas within the County, and may consider alternative land use plans,
modifications to development standards, and incentives to encourage redevelopment.
LEGAL CONSIDERATIONS: The proposed expenditure is e('l1sistent with hoth the
Collier County Redevelopment Plan and Chapter 163, Florida Statutes; therefore it is
legally sufficient for Board consideration and approval.
ADVISORY BOARD RECOMMENDATION: At the lmmokalee Local
Redevelopment Advisory Board meeting, held on May 16, 2007, a representative from
the Sheriffs Office appeared on hehalf of the Weed and Seed Program to request the
allocation of the remaining S; 13,488 in order to provide for the gap funding for the
Coordinator to complete this 5-year program, The lmmokalce Local Redevelopment
Advisory Board, during its May 16, 2007 meeting, unanimously recommended to the
CRA that the remaining $13,488 of the originally approved S24,OOO of funding he
approved.
STAFF RECOMMENDATION: That the BCC approve all necessary budget
amendments, up to $13,488 in tax increment funds, from the FY07 adopted budget, to
cover the remaining gap in salary for the lmmokalee Weed and Seed Coordinator
position, dependent upon approval of the expenditure hy the Community Redevelopment
Agency,
Prepared by: Thomas Greenwood, Principal P]anner~ Comprehensive Planning Department
Item Number:
Item Summary:
Meeting Date:
Page 1 of
,v,,;<ldC:;t,;)!i'Ju
,1'110
,[e!i. C
COLLIER COLNTY
E('M~D OF C::UrHY COr,1MlS51~li'iEPS
1'-'Oi
'J[(JT~ln1E""d;)Um In,,: t1W ~;DIII(J C:xmtl' [;;'81 Jot ::. .h' ", ({)'THrl.',o.:(lr,(~" <W~,I()'",' bu(jJot
)rllCClTllerll D: up Tel S1:, .:,'2 I'WT, ;O''''Ci Flirl'; '18(.. adD' te-:! t.ud'JE': 'rl ~"'v"r" ;:<3:: II :,,[IU,y
::1' We' 'Ill' ,:Ji",,",')(' '., 'e'~:J a:l:J SHld '~~oDrdjldlcr ",l)i"II(l'1 <.:l'IWWI')r I'e.v' 1(' ~:"" ::.~. vrl~,H",:jy
'~'~,,\. ' -r;'lTIf'r1t ; ',!enc.,' ,::",;,'; a~;,V(J',.()! o! ";<.pm',,jj'lIl\' ur,'j;1r 11': -; 1 )
'~ ~'.:2:,)[!i " :jG DC' J,M
r'rrnc,p;j:PI""nu
J~te
Pn'parcd By
Tt1om,JS GC(-)enwo'.,d
Commur"ty Df'lIelopmen1. &
Envirot)"'enl~t Scr ,tC~S
C",npr(-'h~"$'v(: PI.1nnjtl9
5/17:2lJQ720S;al<!l
Approved By
RJfldalIJ. Cohen
Community Ciel'f.'lopm"n! &
E"'/irormwnlJ.IS",,,ices
Cornmwimy F'I"nning~nd
Hcde"etoF,n"nll~"n"grir
D~i.e
COnlprcllcn5ive PI"f1ning
5.'21120077:02....M
:)"to
ApprllYt'd By
M~""m: St"v;ar1 E';x:.,culiv.: SeCrCl!lry
5::?:li2()()71C.2( ;:',M
Appruntllly
Community Dec'€'IOflm~r: & C:!,nmun"y D",vL'icpm~~:'" &.
(nv,ronmental,',erv,ees [n','iro"",enlJI S"n'ic"" Adm",.
judyP"'iJ
'')i,,,r;lli,,,,~ /1.1"iJly~1
[1,"le
C(,mallJ",I\' De.-/,i"prncr1' & '>'>'n,nt;r 'I' ~;,-,,'t'!()pmc'l't.
!::n",wn,,,'ml,,IServ,cos
".n'jicon"""ni.i,1 S";Fv;~,',-.Adl1lm
5i~:.'2Cl07 12:1 F'M
Ddle
Apprnvetl Uy
r,1Mi"nt; r,'.. S;"d(; ,'.Sllfling ;-,5!;hL<'l' Count,' ':.Il<;m"y
5'2,i20071:,,";'1,1
AppfOHdBy
C".U"'I' {,!tu""V Cnmt:, t'tlo,nc,- Ufflc,-.
~',ii\(: [;,'5;. Ai':::;P
p,.,rlC'i'~! r'.'I.1"""r
~;;1te
:,".(lrTlrl1lJnity :l"""_'I,,p~,en' r:.
En",r(Jl1r,,,r;t~1 5e,\ JCC5
Zm,in<;J,:LDnd[lc,^'eI:,p'l,,'n:F:cvi,,'W
D.':!.'J:~Ij,Tr >O!'- c'r,~
Approved II)'
JO:',"lJhl<'..ScIHnltt
:;mmnuniry D'-''',':Oflmprt: <>
"'''VVOP ,.,.:,,,~! ,~u\..ic-~,. A,jm:ly,lr~hr
0)10
;;u""n",-,'t'i De\! .Io"n ~n'. &. C"'l1T'UfHly ['w',," ;.-"-,,n,.-,;- &
ccnvjrn:"""c',1(D! Se,',i~(," ft.d'l1l<1
"u,~..", 07 '1 ~ ,..'; r,M
Sp','i,'''nrn~'':<;: :;('rvi<;p~
Ol,,~ri Conn;ir;<:wr
','h':G Co,,,'dl,,,,t,,,
~~le
Appro\'l,t1l1y
':.'.(!U",\,r,""'1"\""'<")ffi,,,,
,-"'~,;:,. ~',~"'''",(-n', .nl. g, !:',ud;"t
:-':,~!;:r ='7 4()~ F'l,
ApproH'd By
M"rk Ic.;g;:"c,n
C"'.lntV r,\d ':1?'C"s Of",cc'
f;ud:.wtl"V\I'jsl
~Ji:C
OH,c(.' of :';;J";;'~" :n""1 S B,";';wt
t/2':'C.'G, 124S PM
i;;me", \ ~/"jd
:."IJ; t\ !""~""'S~"
[.','Ie
ApproH'd By
ho<:rd:;:C,[>.,m!v
C"t1)m".~i('<lt'rs
:;VlJ 'II' :ian~;"""~ :)f[,,,.,
;:;;:::/::07:J 43 ,M
[10m ["-Jo. -; '3:\3
,Lj;-,8 12. 20C?
Pa::12..:i Df '3
EXECTTIYE Sl":\I:\L\RY
Rf'COIrlIniE'lHlatiou tlt:lt thE' Collier Crmuty BO;1nl of CoulIty Commi<;<;irlUfll'<; ;tPIn.on' .a
burlgf't ;llnelldmt>llt of up to S~.f.,OOO. from FY06 Fuud 186 ;ulnpted IJllngH~ to con"l. :I gap
ill ",ab.t-y fOJ' thi' Immok:ll(>(?- 'Y('(>d and S{<{<d Coordinator po:;ition.
tComp:lllioll itE'ln to the Community RE'deYE'lopltlf-ut _\gency (CR...\.) :lpproY;J.I of
ex[JE'llflitul'f' luHler 16 G)
OBJICTn-E: Th~ :!ppro',.a1 of a bud?::-t .:unendmem by- the Collier COUnty Bo~u-d of C(lU~l,Y
COlllumsioIl::'fS I,BeC} tOtJI1:lg ~~-iD80. fre-Ill FYC)6 FU:1d 186 <1d0pl::>d budget. ro c~"Y::-r a gnp 111
sal~ry i'or the- h:.unokale-oC' \\'r:'"e-d and St"e-d Coordmaro1 pC\~ilioIl_
CO~~SID[RA TIO:\""S: Th-:- 1;\',:,,=,d ;'Iud S<:-~d pr,,:'1gom 1" J CC'llllillllliry-base-d ,>rraregy s.lx,n:,ored
by rhe C.:~_ Dep;1.nm':'llt (,f Jus:l,:e (DO}} .:t:ld o",.ers-:-e'll [.,' t11e DO] COnUl1Ul:1TY C(llx'.::ir~'"
D-:ydopm~m 0:T1'::(" "reDOL TO prC'",'c'llt. cOnTmL Cind a'duce ':lo1",nt ::rime. cirug ~bme. fl:::hl
:;,mg flctn.1ty in d~;igll.1t'~d bigh<:-ime n::"lghbofhood~ ':Kr...;~s the (OU:lrn-. The ~.tr,negy a1;0
fO::(:);?l::Z::S tl:e ::~lpomm:e cf lll',.oh-:ng community f<:'sidents 1l11d:'1:tl:fying :;111 SO>,-illg problem.,
v:~~hil1 tb::ir r1<:'ighb.xhoo:ls. '\'Feed .lnd ~eed IS a c~"mpr~he-ll~i',-e l:llllri.al.:'lK\" app:l.."hl:h to 1,1\\.
enforceI:1C'"IlL crim.e ;)rc:--,'';-l1t:ml, and lle:gbberho0d leqCl:,ltl~ll1
..L:1.\": -:-ntl):c::-n1:-:lr ~genci~r; ;1.11d pf0Se-cutO:'s ::(10p~r:1t;:o in 1nv:o'fi.'E: 01'; ~:iol<:,m c:-imlll::h :'lld dn:g
"bus':-f.;. <1ud public Cig:e:lci::,,; :1l1d ('l'llll:1UI~.irY-~.lCl,>ed prj''-<1Ie' ;)rganiZi111C'1l; co:bbori1t;:o ,0 ::c~.~'
IlIlKh-ne:"df'd hUlll.lll S:"lYl~'C',>_ lII::';llchng pl::,-,'~:1:1'~'IL :l:[".,TC'1]li('11 rr~:Jlm:""nL [llld llt'"i~'hh;)rhoCln
re'sroE'.U<:~ll l.11c..'gr:',!:1':. ...;. commulllry-ont'lltr:-d pc,l:cmg: C('llIp':1:1~1l1 blld,~e-,:> rhe \Yt':,diug :t:Hl
<-('-edit,? ~ lClll:":U< .
Il::- Im:l101:a.l::;:o \\'e:>d 3.:1(i S:-ed S:l-:- (c,yer", ~~l squ,lre- :llIle:, ',,;:rl:.:n Ihe COll11mUW', of
Ira:ueoi:lllee- 2l1d ;,':as ::1,':a.rded C\ 5-Ye~1f Offl:!.,l Re:ogJ.:iLie'll ck-~l~nat10n in t~le ssrili';: of .2(1(12.
Th::-re ::1"1:' 111,m:,' bye:-s to the- IUllllc,k.nle'i:" \r<:>e-d a:H1 S'='l':'d Pr~1~f.:!.1:1 It:s IK't ':'Impl:,' a 'i:';-i1111. '~1U: ~
P:'(lgU11ll "\':llh fl :~lr DUg-lOg S:r:~[<:-~x P:"l1. re~~U!rln? ~lle 111',-~lh't'1nel:1 <-If l:lany pb:,ers :ncbd11lg 11
full STt'"t'"fI:l:? CC~lJ:llitT<"~ ~unlpns:"d i,f ,1:1 :>>ct::-d offiC:<11 icu:TC'llr\ C('I1lHn:;';lclll:"r .T:m ("ol:"tl:~).
r-:'''lcl::-:l7S. k,cal ~f".:'11cies. the ShcL:T~ Offlce. t1:e l:S .-\nomey's c:IicC'. the Sdwl~l :Jl:,r:Kt. J,~ld
st:'yer,11 COU':l~Y de~J'111!:1e-nts I?Mks 8:: R<:"cf:"":..:lo11, Code :i:::nr0l"Cen:::'"nt. ,"md COlliiJfeLensl':e
P1.:Hlllil~~) T:.e :';tr:l:egle Pl.:l:l l'll'_.o c.:J11:. fa :'le~''-Y in',-(':,:,:m::"LH :1":'1l1 T:-;1.1i'oP':-f"7JTlon ~rl,~d
lXi".-i.ng. s1d~,":Jlh. EghlS. .:'rc.l. HOllS1:1~ 'LOlhing re-h,tb :U::! C('1l;T:11,:ll01l), S,c,hd \\",ue IT..:!.~h
cl~anup ilnd e-du<::uic,nL COl:nty Pr'):~ill1011 ,lnd ctho:-r S'[C\;C' .:Jl1d f:,d~fclll:l\\ ~:lt0r:-C'me-l1i: ~lp':l':le;
('U:.;,l(~~ or'rht" C~l::lJ[Y S:l::,:iff~, Off!:.:::> [1:'='1"::' ;1.:t'" i"llsQ :~ll::"l::-Ill:y ,:.':C'I.-e-:';:l ,:u:.'-pr:);:il!1l" ',':11tUIl t11::,
Iu:nc';.:.nk;:> P:-OglZU:l. lll('illdll:g l:lt'"lltL-'ling and :,\"mh :::::.mlJ progr::mh Jd' tLll!llng. e-rc ",beh ,lre
!lL111.:Jge-i through sub :J.g:.e-e-m~:l::.. COlllr:t(!S ..':i~h 10c:d :;g::':lCj~S in Iall:ilok:-de-:- Addirjon:',ll:,'.
eTt'"~y "\\"eed .:Iud Se~d "ile- i~ re-quir::-d 10 e-:,rJbbh il SJ.fe- :-1."l''-O:l1. 2. lln;lti-'.:,::-r.:ice ce-:nef OtT::"11
lwused in :1. scl:c'ol 0f ce,num::c.;:y ':-:lller. iyh~r~ :U:l:1Y ''-(fll~h ;1.:ld C'ldult o~ie:1:~j Se[~.T:es .1re
ddl,,-::-:~~d. I1:ulld:r.:e-C" s :-:':;i~ :-Lr\'C'1l (-:nl::,: pr0y:J::,,~ J.:l't.J::'nll:':: mron:lg. lll::,ntC1"l!1:? 1"::':1 ::'<11:0:1.
<1t1:1er1::'-". pe1"fo:-nEtHCe .:-Iud <1ppLed .]l-~~. pfc'~r;~:l1s. J.nd J Sl:lamo:-r dZi~' ::<'.l:'lj)
FUlHL:ng :~Of th~ \";;,:,d ti:1d S::-~d Cl":)rdlll<1t(o~ CllrI;;:dy 111:1'> tl:r('lug-b ~,'bfCb 31. ~()CI6 Ahhl~l:?h
lilt' CU!T::-IH ?r~1I11 !1[1~ b::-::'ll e:.~t::"l:~:~'d unnl S::"pr:"mbt'"r ':CI()(1, 1h::- D~'p:1!":m::-llt ('1' )llsttC;; IS llllilbl::- to
',.J.i:1 5..:nG.s :1'0111 progrJL::.1S (',r ser':lCfS t(1 ((,',.er The- C)(ll(h':l.:i~~~r.s ~:l.1;1.1Y. T:'lr:' nev; ,11)pliciUi':':1
.
Agenda item No, ~16A8
.June 12. 2007
Page 5 of 6
cycle for tile llext ti':l-cal year will be applied for 1n April or ~fay and funding is expected to be
l"e-cei'\-ed liO l~ter than Septeulber 2006. The time frame for funding to be receiyed aftel the grant
L'lpplic.:nion i<:> ,::ubmirred can be as linle as 3 months, (presenting a Sl~.OOO s.daf)' gap for the
Coorduu'ltor\. "alnr::-'). or up to 6 months, (j)reo:,entillg <l S.24.000 '-'alar)" g~p for the Coordinator'''i!
~alilry)" The'1e-fore, the Inullokalee \\'eed .:t:ld Set:'d prograIllls n::-que,rillg a max.imum ofS24_000
from the Imll10kalee CRA.'s; tax increment financing (TIF) fund:; TO continue the \Veed <loud Seed
Coordmator position.
The DOJ may re-imhurs.e the entity funding the CoordiuJtor\. ~alary for the g<lp time once- the
grant lS approyed, hov.-e\'e'r. there i~ no gnMantee that the grant \;;i11 be C1pproyed, and Ult is, If
the grrtllt \\..ill p.ay the- full r"alary since it \ya~ ah,-ay":. the mtemiOl1 that the COllU1lUllity._ progra11l,
and:or fir;ci."ll J.genL \'vould eyentu<'I11y co'.-er the Coordinator." :;alary.
The \'.eed "lld S-eed Steering Committee is meeting "inth the Im,mokalee Local Redevelopment
Ach-io:,ory Bo:ud 011 Fdlll.lJ.lY 15_ ::006, to requt',.r a .::-r:-ce,mmc-ndi.111On for the funding of the
52-LOOO TO conr:nne the \\~eed and See-d Coordinaror po~iriolL
\\~~thin the 1<1o,t.3 )'c-ars. the "'\Veed and Seed gram has proyicled the 11l1111ok..1.1ee COlnnmnity ',\"1\b.
5613_700 in fund111g. and during rhe next fi<;cal year. -it is expected to rec;:-lve an .n.dditional
S2~5.000. Throughout 1:he 5-ye,u' Inunol:ale-e \\"'~t'd lli"lcl Seed designation p:;:-riod. this grant
\\.oulc1 ha',e contributed a total of SS.3S_700 fOf lav.- C't:.forcem~nt. community policing,
neighborhood rcstor2.tioll_ pl-:".\~ntio:l, int::>r-','encioll. Clud treatlncut pr,-~gralllr; for the- hlllllc,kJ.lee
COlmlll~1l1r~'_
FISCAL [\IPACT: CF~~ rede-I-elopment effoTI'" aft' pnman.1y fllW::l-:-d :lUDl~gh Tax Tncre-ment
FillZlllci:lg (TIF) fe"yenue. In practice. re"',elll1e I0f this eRA is gel1r:r<'..t~d f10m a rate .::ppli::-d
Ol,?-"~ill~t the c::pmr.ed a~ses:.ed .,a:'lle illcrem~nt_ This ass-=,>se-d yalu-= increment i-s the difference
be:\y:=en the base a.,c,essed -,-aluation "\'.-it11111 the ReJe\"e-l(lpm~nt )..,rea. e,:"w~JEsht"d i:1 1999. n;1d
rhe 110:'\\' h:gher as.:,C',:>sed Yl1Jutltion, In PSJ...:tlce_ it is J:11ti:ip<lted that the J.ss.C'o,,:>ed yalne ilKH'ment
"\\"111 111;:rt';'I"'-:" each Y~il.r dllnng: the Rede...-doprnent D1Str1Ct" s life ?ro~,-ld111g for ll1oc1t'"rJ.re ttiX
[eyenue increase., used to tllD.1Ke fo:-deydopme-nt mitiari';es_
CO.\"SISTE.\TY WITH ADOPTED REDEYELOP-'IE.\"T PL.\..'\;: Assming the
Inlmokalec \Veed and Sec-d program by fundj~lg: the Coo:rdinator's g:a1} l!l c;.,a1ary' i;
coosi:src-llt 1.'::<:11 the 11l1pleme"llt<i!iol1 of the COltll'LY'o; Rede-Yc-1opluent Plan. According to
Section 4.-+ cf the Plan (Cor:'lnlUluty Ob_iecti',es\ ,he- c-nhau:emtnt (''1f the conn::.ltu:ity
imag;;> and the- perc::'p:ion of t:'1::' cOlll1m~nity .1; ~ '>t\fe tOT':11 arc emphn')~z.:-d in the rlre:[l i;1
order to "Ul21ea<,e cor:.ummity po It-:1llg: :'Ic(1\-i:i-:-:-:.: lllaxnm.ze current fec-re<1~H..-"lld actr;:tit's;
cre.,re ail l;1cen,i~:e plogr3.1:1 for Etter co:urol il.fld nt':.ghborhood cJ.eaning:... .~J';.o, t1llde-r
SectiClll 4.7 I:Rede~,'d0p11le:1t Are<i Goal-:.}, nelghhorhood .,rability IS enc:)l~rZt;ed :-hrough
the l111pll:""mem.mC"1l ....-,f addnwll:tI ;~rrC"ethglrs. ~ldEl':['tl}.-;:s. and l...ud~caplUg rhrot:gllQut the
COll11l1Ulllt\'
GROWTH -'L\.\"AGE-'lE.\"T DIPACT: Poky ~.7 of the Future b.nd U;e Element of the
Grm'\"th 1vbtlJ.gt"1lle-nt Pbn <,tare-s (hat f::"de-ye1opm::-:1t P:l1US- may be d::-";:eloped for"p';:"cific l1.Iea':i
\nthin the- C0Ullty, <\:lei lll.JY cOlls:.d;:r alre-mr:.tl\"C" land u::,e plans. Illo;:hftcatlOlls to dc-..-elopme:iJ.t
<.tand.1.rd:;. and incr:"nti~:e-" t..') C'llCI.')umgf' f-c-dE'~,elopmC'nL
i ~t';in rr:).16.!\3
..J,-;ii2 12, 2D07
Fagc; {3 ':if G
LEGAL CO:\"SIDERATIO);S:
Red-e\.t'lopmellr ?lan and Chapte-r
Board co~,>ic!erati('1n and appro~,aI.
The pmpos.ed expen:hnlre 1S. COllS.1St~1lt ~:nrh both the
163. FlDrid.a Stlnltes: there-fore. it is It'g.:1l1y ,>ufficieut fOf
ADYISORY BOARD RECO'lJ:\IE);DATIO);: At the 11llllloblee Lo"ol Rde-dopmenr
Ad-,ir,ory Board meeting:_ held on F.;:-ont.1.:}' 15. ~006. 1'::-prec,entJ.ti-.-::-" fi-(1Ill the Im,raok.n.lee T~l,,':"ed
rmd Seed Steering COllunmee pre:;em<:-d the fnr.dmg f('que:;t for ~.~-+.OOO to (cyer (l gap:ll "><ilm~!
fe'l' Th~ h:lll1,~kale:: ~.\~eed find S..::-e.i Ce'on::m<lror paSHIO:1- ru:: 11111l1cl:'.:l1~e LClc<'Il .:tede~,-::"lopme:lt
Ad',l"ory Board 11l<1de tlllwrit....n to <1P';tfO'''-:- rlus request ~d 1t v;.a:; pm:.~j Ullr'..1111110Us.ly.
STAFF RECO~nIE.:\"TIATIO:\': Th:n the Bee <1p~)ro'\':." alllleces."':u~' bu:lget iilUt"ndmcnts. up
to S2~.OOO, ill rax illcre1l1~nr funds :~rom F:{06 Fund IB6 adopred bucge-L to (oYer OJ g<Jp ru ;;.al<1ry
for the Itll:lloknlee \\'ee-d <lnd Secd C0ordin2lfor PO;:t10!1
P:-epared by' )Eco:e Ferna.ndez. 'SC'llior Planu:'L COlllprehell,>.::~,.e ?lanmng !)e-panmcnt
.
Aoenda Item ['.Jo. 1681
~ June 12, 2007
Page 1 of 9
~.
EXECUTIVE SUMMARY
Recommendation to approve a Resolution to reduce the speed limit on Collier
Boulevard (CR 951) from the current speed limit of fifty-five miles per hour (55 MPH) to
fifty miles per hour (50 MPH) from 1500 ft. north of Rattlesnake Hammock Road to 750 ft.
south of Lcly Cultural Blvd.
OBJECTIVE: That the Board of County Conmlissioncrs approve a Resolution to reduce
the speed limit on a section of Collier Boulevard (CR 951) from ]500 ft. north of Ratllesnake
Hammock Road to 750 ft. south of Lely Cultural Boulevard.
CONSIDERATIONS: On March 9, 2007, Traf1ic Operations staff performed a speed
study and field evaluation of Collier Boulevard (CR 951) from] 500 t1. north of Rattlesnake
Hammock Road to 750 ft, south ofLely Cultural Blvd. The subject is a four-lane divided highway
in a commercial and residential area. The current speed limit on this segment of Collier Boulevard
is tifty-five miles per hour (55 MPH),
~
Analysis of the speed study and ticld evaluation pcrfonned by a Professional Engineer, licensed in
the State of Florida, concluded that a speed limit reduction to Jifty miles per hour (50 MPH) was
appropriate along the section of Collier Boulevard (CR 95]) from 1500 ft. north of Ratt]esnake
Hammock Road to 750 ft. south of Lcly Cultural Blvd, This recommendation is made in
accordance with procedure set forth in FDOT manual 750-010-002, as prescribed by Florida
Statutes, Chapter 316, and will keep traffic flowing smoothly and safely,
FISCAL IMP ACT: The estimated cost of installing the 4 necessary '"Speed Limit" signs
is approximately $500. Funds are budgeted in the Traffic Operations Department operating
fund 101.
GROWTH MANAGEMENT IMPACT: There IS no Growth Management Impact
associated with this Executive Summary,
RECOMMENDA TION: That the Board of County Commissioners approve the Resolution to
reduce the speed limit on the section of Collier Boulevard (CR 951), authorize the Chainnan to
execute the Resolution, and authorize the County Manager or his designee to erect the appropriate traffic
control signage.
Prepared By: Steve Yu, P.E., Senior Engineer, Trame Operations
Attachments: (I) Resolution; (2) Speed Limit Study on Collier Boulevard (CR 951) & Map of
Area; (3) Original Documents Checklist & Routing Slip
,~
Item Number;
ltemSummary:
Meeting Date:
Page 1 or 1
"\'Jew811sn jfji31
Juw
:; ;,r. ~j
COLLIER COlll'\TY
P~il"r:D O~ COUNTY C():,..1:,'!SStOI';ET~S
'([11
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tt c "Jt~r cf ._-,:.I}' 5,:IL:r0l1
h0UI"-'''I,"':I1
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D~le
Prcllllrel.l By
Ann,a(Jrl,-'ga
Trnll~p"rt,JliQr1 Sorvices
Traffic Dp~rat'ons
5111.'200710:11:01 AM
Appro\'el.lR)'
AUm;ni$tr,1liv~AssistJnl
Date
Anni<lOrtega
Tran~flortJli()" S""J<ccs
T,.~ffic Op".atio"~
5/1112007 2G7 'M
V,~n<'gf"r''''nl..'8ud9i:'l An,11';5t
n1ll,"
Apprll\'el.l R)'
8Jm~ra LaP,er.",
l'"ar15florlJlionSurvrccs
Tr~ffic op",,~ttOns
$;11.'2(10724}PM
i\pprll\'l"dlly
T;-~n~rorUI'on Dw ",ion Adminislrator
DNe
NO'111 E-. fe-de.. ,~"IC:P
T.3nf>portmi"" ~" rIdC<.'S
lr;Jnsp'-,rtc,tiur) S~<rviG"s ~Jnlin
5i1,,;ZCG7 I?,~l' "'M
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~,~ffic Ol,'c'r"\;"w, ,>c"e",.
~),.te
Approved By
"!C;J'l';pur\al;on:c'v,ces
TrMl,c Or".",,~i"",s
SI1'~:2007 S,~1 /),1.1
:;,cal1 R. 'j""ch
l,':;Si,-,i3nl(.ounty Attorn'c'y
DJ-,e
Approv....d By
C(,u>,tvAttcmcy
COU'llvAtlO,ne}' np':v.'
511G,'20GT11:1,AM
Appro\'l:l.l Uy
Shnr-ur) r'JL"'."~_ilt--.
1 r,-.",-"wr~;J\ltI'
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nOT 7"" N~
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Dalc
Appru\'cd By
r'~; If,'II'.ilJ,-d
T-~m,;""rt"t'lJ' '-"r't:ees
"n''''''-''iliC)fl,;''.,cvi,,-,,'''.'1nn'
~:::i' 2n07 :" -~ o'iI'~
CO<Y:Ji,,"tut
[J~te
Approycl.l By
()!.I;E' C\1():",.n"tc',
County Ma""~'-'r ~ Sf/,e"
Uffic," ".' ~'~iJ;'tqnIHJn~ '" E;c;,Jpn
5. 25'2('[C7 J:% PJlt
rJ'.'r,'i"d;vN'
[ll;(;98","J'/,,1
"'.1::0
A[lprovcd By
C;"'Fl''; 1;,,,,""c::c'"C\'ti
()":c;.' 'Of '/,;"";p,' '",nt& bunp"!
Cit,':,QC~ ~ I,' ;');'
Ap[lrovel.l By
JUTlCsvr/"tid
80MO cf::;Out]ly
C"rl1',";<.:,',',:',,,r,
''::ounlJ,i':,an2ger
;;3]0
'.O"'-'~j. ';'''n!;W~ ,; ')ffiroo
U~i:(lC7 45:' "M
",....",,.., "''''',V',H',,.,,, r B',..,",--...--",.....~~,CT'h,,..,,,. ,--..~.~;~ ". ~~
i~;:':01 [,!:]. .1C81
..!~:t';9 "12,2007
3 of 9
Men10randu111
To:
Robert p, Register, P,E., PTOE, Traffic Engineer
From:
Steve Yu, P,E, Senior Engineer
Cc:
Robert VII, Tipton, P,E., PTOE, Traffic Operations Director
Date:
March 23, 2007
Subject:
Speed limit review on CR 951 between Rattle Snake Road and Lely Cultural
Boulevard
A speed limit study has been conducted at the referenced location, The findings and suggestions are
as follows:
1. The existing speed limit on the specified roadway section is 55 MPH for both directions,
On Collier Boulevard, the speed limit increases from 45 MPH to 55 MPH just south of
Cedar Hammock Boulevard and remains at 55 MPH until just before US41, Between
these limits, there are three signaUzed intersections. Southbound, the first one is at
Kattlesnake Hammock; the second one is at Lely Cultural Bouleva'd; and the third is at
Verona Walk/Lely Resort. The distances are approximately three miles, a half mile and
one mile respectively.
At the northwest quadrant at Rattlesnake Hammock, there is a Pubiix Shopping Center,
and at the northeast quadrant at Lely Cultural Boulevard Is Physicians Regional Medical
Center.
2. The speed data was collected on the section between Rattlesnake Hammock Road and
Lely Cultural Boulevard.
3, Roadway test drives have also been conducted as a part of the study,
4, The data collected from the roadway shO\vs that the 85th percentile speed is 51.7 milh
for the southbound traffic and 52,7 milh for the northbound traific. The 10 MPH pace is
42-52 milh for both directions,
5. The FOOT document "Speed Zoning for Highways, Roads, and Streets in Florida", which
governs speed limits 'Nithin Flor.ida states: A speed Emit should not differ from the 8SU1
percentile speed or upper limit of the 10 mi/h pace by mare than 3 mi/h and it shall not
be less than 8 milh, (FDOT Manual Number 750-010-002, 1997 Edition)
5. Analysis: According to the DOTs requirements, the measured 85th percentile speed of
51.7 mi/h in the southbound and 52.7 milh in the northbound will result in a 50milh
speed limit. The roadway test drives assured a comfortable travel speed of 50 mi/h on
bO',h directions,
Transportati:m Selvicf"S Division
Transportation Operations Oepa:1ment
Traffic Operations Section
,
!\ge:lda Item No. 1681
JJne 12_ 2007
Page 4 of 9
7, Recommendation: Based on the traffic speed data collected and field evaluation, It is
recommended that the speed limit on the section from 1500 ft, north of Rattlesnake
Hammock Road to 750 feet south of Lely Cultural Boulevard (both directions), a
segment of approximately 4500 feet, may be reduced from 55 mph to 50 mph to reflect
the change of the traffic condition,
Attached are the Vehicle Spot Speed Study and speed data collected in the field.
Transportation Services Division
Transportation Operations Department
Traffic Operations Section
S1^k OF r:.OHJD.... Di':PARTMEliT Of r';(1"~l':;PORr"'Tl::,)r~
VEHICLE SPOT SPEED STUDY
LOCATION ID C R. 'It: /ca) /3:ifvef+1 I:?:r:ftt:. ::,',v,l:e SECTIDN:
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POSTED SPE~D (Ii)iih): ~- 1) cour'-lTY: ~~! f e ~
DATE: 7!"t!-;ucv -r PAVEMSIITCONDrTION: G;C'O:Id
OBSERVER: ::/i".f'V.l \./J1 T1MEr-Rm..t Tlt'J!ETO:
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R~CYCLED PAPER @
Aqenda item No. 1681
~ .June ~,2 2007
Page 6 of 9
'7:~"'-- /1,'f';,f-u,.
FIELD SPEED MEASUREMENT TABLE '51'1/<:7?- J.'f S.,
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.
RESOLuTION NO, 2007._
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,
FLORIDA, AUTHORIZING A SPEED LIMIT REDUCTION ON COLLIER BOULEVARD (CR
951) FROM THE CURRENT SPEED LIMIT OF FlFTY.FIVE MILES PER HOUR (55 MPH) TO
FIFTY MILES PER HOUR (50 MPH) FROM 1500 FT NORTH OF RATTLESNAKE
HAMMOCK ROAD TO 750 FT SOUTH OF LEL Y CULTURAL BLVD.
Agenda item No. 16B1
June 12, 2007
Page8of9
WHEREAS, Chapter 316, Florida Statutes, pennits the Board of County Commissioners (Bee) to alter
established speed limits on roads under its jurisdiction; and
WHEREAS Section !30-1(e) of the Code of Lavl"s and Ordinances of Collier County authorizes the Bee
to establish and/or alter all speed limits on county-maintained roads by resolution; and
WHEREAS, Collier Boulevard (CR 951) falls under the jurisdiction of the BCe and presently has a fifty-
five miles per hour (55 MPH) speed limit; and
\\/HEREAS, in accordance 'vvilh Section 316, Florida Statutes and Collier County Code Section 130-2(c),
the Bee may alter such existing speed limits as may be appropriate upon the basis of an engineering and traffic
investigation; and
Vv'l-IEREAS, the results of the County's engineering and traffic investigations indicate that changing the
current speed limit on Collier Boulevard to fifty miles per hour (50 MPH) from 1500 ft north of Rattlesnake
Hammock Rd to 750 ft south ofLe]y Cultural Blvd is reasonable and safer under the conditions found to exist and
that it conforms to criteria promulgated by the County and the Florida Department of Transportation (FDOT).
NOW, THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA. THA T:
(1) rhe BCC does hereby establish a fifty miles per hour (50 MPH) speed limit on Collier Boulevard
(CR 95]) from 1500 ft north of Rattlesnake Hammock Rd to 750 ft south ofLely Cultural Blvd, a distance
of approximately 4500 feet, and directs the County Manager or his designee to erect appropriate speed limit
signs along this segment of Collier Boulevard giving notice of this change.
(2) A copy of this Resolution shall be fOf\varded to the Collier County Sheriffs Office for proper
enfiJrcernent of tile established speed limits for Collier Boulevard within the designated segments.
(3) The effective date of the speed limit reduction shall be at1er written notification to the Sheritrs
Office and upon the posting of appropriate signage.
This Resolution adopted after motion, second. and majori1y vote favoring same this ___ day of
,2007.
ATTEST:
DWIGHT E. BROCK. Clerk
BOARD OF COuNTY COMMISSIO'iERS
COLLIER COUNTY, FLORIDA
BY:
BY'
, Deputy Clerk
Chainnan
Approved as to ti.mn and legal sulliciency:
Scott R . Teach
Assistant County At(orney
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f
,L\'genda Item ~~o. ~16B2
June 12, 2007
F'age 1 of 22
,-
EXECUTIVE SUMMARY
Recommendation to accept an amendment to a funding agreement with the South Florida Water
Management District to share a portion of the construction cost of the Lely Area Stormwater
Improvement Project and to approve a budget amendment recognizing $395,000 of revenue
appropriating same amount as an expense into the project, Project No. 511011.
OBJECTIVE: To receive Board approval to accept an amendment to an agreement with the South
Florida Water Management District, Agreement Amenment No, OT060483-A01, increasing funding
assistance for construction of Phase I of the Lely Area Stomlwatcr Improvement Project in the amount
of $395,000.
CONSIDERATIONS: In 2006 and 2007 the South Florida Water Management District (SFWMD)
received funding from the Florida State Legislature for watershed restoration projects under the Naples
Bay Initiative. Within the Naples Bay Initiative several projects have been identified which address
important water restoration and management issues in Collicr County, The Lely Area Stormwater
Improvement Project (LASIP) was listed as one such project.
SFWMD eannarked $400,000 of FY 06 State Legislative funds for LASIP and on February 14,2006
the Board of County Commissioners executed Agreement No, OT060483 (Item 16B9) with SFWMD
for the same amount.
In FY 07 SFWMD eamlarked an additional $395,000 of State Legislative funds again for the Lely
Area Stonnwater Improvement Project. Agreemcnt Amendment No, OT060483-AO I, thc subject of
this executive summary, increases the original amount by $395,000 bringing the total agreement
amount to $795,000,
After years ofplanning and pcrmitting three (3) segmcnts of LASIP are cunently under construction:
1. A one mile long section of Phase I just north of Rattlesnake Hammock Road cast of Saint
Peters Catholic Church ($2,538JJOO);
2, Approximately 3,500 linear fcct of box culveli associated with the Rattlesnake Hammock
Road six lane improvement project ($3,100,000);
3. Removal of exotic vegetation from 109 acres of mitigation lands located west of Collier
Boulevard, north of Rattlesnake Hammock Road ($668.000).
The funds received in accordance with this agreement will be used to sharc in tJle construction cost of
Phase 1 of this project. Phase 1 has been split into three (3) construction segments: segment 1 is the
project cunently undcr construction listed as item I above; segment 2 is improvement of
approximately 1,900 feet of the Lely Main Canal from the nOlih side of US 41 to the south side of
Rattksnake Hammock Road (2008 const. - $1,900,000 est.); and segment 3 is construction of the
Treviso Bay Lely Manor East Outfall Canal, approximately 7, I 00 feet in length, This includes a seven
(7) acre spreader lake located at the downstream (southern) end of the project and a sto111lwater
pumping station located at approximately the canal's midpoint (2008 const. - $4,734,000 est.).
__ In addition to this agreement the Board of County Commissioners recently executed a second funding
agreement with the Big Cypress Basin of the SFWMD, On April 10, 2007 the BCC approved
Agreement No. 4600000625 (Item lOB) providing $1,190,000 of SFWMD funds also appropriated to
share in Phase 1 construction costs,
jl,genc3 !t6:l1 No, H3B2
June -; 2, 2007
2j 22
FISCAL IMPACT: Total revenue of $1 ,590,000 from the two original funding agreement amounts
was previously recognized and appropriated into the project during approval of the Stormwater
Depaliment FY 07 hudget. A hudget amendment is needed to recognize the additional revenue from
the agreement amendment in the amount of 5395,000 and to appropriate it into the project, Project No,
511011, Fund 325. Matching funds are available in the same project numher and fund.
GROWTH MANAGEMENT IMPACT: The Lely Area Stol111\vater Improvement Project is in
accordance with the goals and objectives of the Drainage Sub-element of the Growth Management
Plan.
RECOMMENDATION: The Board of County Commissioners:
1. Accept the attached South Florida Water Management District Funding Agreement Amendment
No. OT060483-AOl providing an additional $395,000 of matching funds to be utilized for
construction ofthc Lely Area Stormwater Improvcmcnt Project;
2, Direct the Board Chairman to sign the agreement;
3. Approve the necessary budget amendment.
Prepared Bv: Jcrry Kurtz, P.E., Principal Project Manager, StOInlwater Department,
TranspOliation Division
Attachments: 1. SFWMD Funding Agreement Amendment No. OT060483-AOI
2, Budget Amendment
"",.'.
2
Item Number:
Item Summary;
Meeting Date;
Page 1 of 1
i\',y'n jiJ IluT ~~c:' 1C~ 2
iUfIE'12
P;'(JE':u:
COLLIER COUNTY
,'Ot.RD OF CO\JtHY (:QW<1:SSI::)NEI:S
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G"r~ld Kurtz
Transportati'lnS",,'icns
S\"rmVJ~tnrM"'nagemcnt
5/11!2007 5:12. ;)) PM
"Ilprovcu By
SenJiJr!';nqineer
DJtc
Gerald Kurtz
hansporttltion Se",I~"s
S\{)rfT\w~tm M,m,ll""ment
~111J2(j07 5:11 H~
E"ge,v" (;aTvert
P"""ipai Project r,\~nJ(!'"
Dme
Approved By
Tr<""'f"H~~ti"n~ '~C'rJlC"S
T'"nc,po:1(jtioll ErlY'ftef.'ring and
5;14,'200,7,07 \M
(:O:lstr"cl<on M~r'''',wm(,:ll
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T"3""p.:>rtAionSer\i,ccsAdmin
511!;.'2Q078,GJAM
I\~~;stan\ ';ounty ,'\t:erw."y
[l,J\e
Allprond By
SenU R. T""ch
Co<mtyAttorn"y
c",.mty /;tlO"'~\' on"".
5/1 G;2J l'7 1,. ~.', r r~
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Arprol'l'd By
8o;:rd ,,[County
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S/Ci'lDOi C:06PM
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P3D8 4 of .:::'2
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AMENDMENT
OT060483-AOI
SAP 3600001071
AME:'\OMENT :'\0. 01
TO COJ\TRACT NO. OT060483/SAP 3600001()71
BETWEEN THE
SOUTH FLORIDA WATER MANAGEMEl\'T DISTRICT
AND
COLLIER COlJ:"iTY
This AMENDMENT 1\0. 01, entered into (lll
that COi\lTRACT (bted .'\]1ril 17. ~006. belweell "Ihe Parties,"
~1anagt'l11ent District (DISTRICT). and Collin County ICOli\'TY),
, 10
the South F]orida Water
WlTNES,SETII T!IAT:
\VIIEREAS, tbe CONTRACT l11"V k amended \\i1h the prior wrinen appr()nl of the
partic's; and
WHEREAS, the parties wish 10 amend the CONTRACT in order 10 increase funding;
and revise the Payment and r)('livlT:lbk Schedule:
WHEREAS. the Governing Iloard (lflhe DISTRICT at its /\pri] ] 2, ~(l07 ml'cling,
approved C'l1tcring into this AJ\lE:\Dl\lENT NO. 01 \',ilh Ihe COCNTY; and
~;O\V Tl ]EREFORE, the IHSTRICT and the COUl"TY. in consideration of the mutual
benefits f]c)\villg il'om c:1ch 10 th-c other, do hereby agr('l' a:-; f{J!lo\\'s:
], This AMEJ\D\lE'\T 'i0. 01 sh"l] be cffecliw upon the cble of ewe uti on by the panics,
2. The lnOnc1:lJ) cOEsiclero.tion f~Jr the CONTRACT is hereby increased by an amount llot-
to-C\cecd Three Hundred Ninety 1'i\'(' Tlwl!sc1l1d dollars (~?q5,(I(I(I,(I(I). for a toLd rc'\'ised
CO:'l'TRACT amoll11t 11ot-to-cxcccd Seven Huudrc'd Ninety fiVc' Thousand elc,llars
1$795.000(0)
Amendment No, 01 ((1 OTII60483 /SAP 3611111111107]- -- Page] 01"2
f
Agenda Item f\)o. '1682
J~)I-le 12 2007
PagE: 5 of 22
SOUTH FLORIDA WATER lVIANAGEMENT DISTRICT
AMENDMENT
3, The Payment & Deliverable Schedule is also hereby revised in accordance with Exhibit
"D 1 ", attached hereto and madc a part of this AMENDMENT NO. 01.
4. All other terms and conditions ofthe CONTRACT. as amend cd, rcmain unchanged
IN WITNESS WHEREOF, the panies or their duly authorized representatives hereby
execute this AMENDMENT NO. 01 on the date first written ahove,
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
BY ITS GOVERNING BOARD
Dy:
Franl" Hayden, Pr(lcuJ"ement Din:ctor
SFW;\lD l'RucyrTr-,ll:~H ,\\']JrwVU)/~i
i/k ,'/'"',-1// '
f" ,.... \", '" ,/1 --
; --" ./' ~. ,'I -"t"',p' '"
By: _~~Ar{A.,.___r :::i.:.~~-:'-4-...-:::~~__~__
D,lt:::
I, -? '--) ".
.j'.... -';;!/ ..... .,;':'iC'07.
,:.,1'fJ.tL./
COLLIER COUNTY.
DF.TED:
('. S;'i ~
") CHi t~ ~ [2;, f{C;(I< ,
,""! t' f).~'"
I".,..,l.l(.;"
By:
..~--
"",,,,,-,,,,,,,,,,,~..,,
Board of Collier County Commissioners
James Coletta, Chairman
Dat.:.:::<
,i\
AmendmentNo. 0] to 01'060483 ISAP 360000]071- -- Page 2 of2
i:0T1 ~'J.J.;CB
J,-,;-,eI2. 280
6 of.2
EXHIBIT "Dl"
PA Y!\1ENT A'-ID DELlVERABLES SCHEDlTLE
. A summary deliverable and payment schedule associated with this project is set forth
below including specific deliverables associated with each task and due dates for all
dcliverables.
. All deliverables submilted hereunder are suoject to rcview and acceptance by the
District. Acceptability of all work will be based on the judgment of the District that
the work is technically complek and accmate,
. Payment shall be made following receipt and acceptance by the District of project
invoices in accord'Jl1ce with the schedule set j()j'lh below, A.]I invoices shall be
accompanied by adcqmte documentation to demonstr"te completion of each task in
accorcbnce with Exhibit "C" Statement of Work requirements,
. Total payment by the District for all activities hC'fCunder shall not exceed the "mount
of $795.000. fotal project cost is estimated to be $5,1 ]0.000. The District's cost
share "mount shall not l'''cced 50% of the total project cost.
. If the total consideration fur this ACiRFE\lF:NT is subject to IllU]ti-Yl'ar funJing
~ljJOc'ltions. funding I(lr c:tch 'IPplicable fiscal year ,,1' this A(;REEMENT will be
subject 10 (Joyerning Board budgctJry approprialion. In Ih~ e\'ent the DISTRICT
docs nul :'1'pwvc funding j()f any subsequent fisc,,1 yc:tr. this ACJRELME'\iT shall
tcrnlinute upon C\jlC1H.fiturc (If the ::.~urrCl1t J"ullding, l101wilhst<1nding uther pr()\'IS10ns
in this j\GREF,\1F,~T to the contrary.
Task DcIi\'erables Due Date" I District Not-
(From contract to- Exceed
execution) Payment
Task 1: Construction (lC l\)olice lu Pf(lcccd 'I \veL'k $50JIOO
Lell' Br:mch Canal Ill,S, .5 0 n,() C,1J11p]ctio)1 Cl'njfic~llion Il1D1l1hs 1$745.000
41 to Kings L.~t1\e)'!"i: 15
Cunstruction Suh~;bI11i(d I 10 1110nths I n'3 ,
I
Completion Certification
I
I
I~---~-----'-'
--------.___--.L_~ I
'\!OT-TO-EXCEED I'ROJECTJOTALj $7~)_5.00(J__l
':' All dates ~UT refcn:-l1ccd hum the cbtc of ex('culinl1 of this amendmcnt and are
estimuted.
** PPJgrcs51x1ymcnt in\oiccs fur C(JIlst;.l!ction actiyitics JlW)' be submitted on ,I qlJ;:Jrlcrl~
basis
Agreement OT060483-A01---SAP #3600001071---Page 1 of 1
f
OR8tS'jt~b~~~~
P80e 7 of 22
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AGREEMENT
THE SOUTH FLORIDA WATER MANAGEMENT This number must appear on all Invoices and Correspondence
DISTRICT (hereinafter referred to as DISTRICT) HEREBY
ENTERS INTO THIS AGREEMENT WITH:
Name: COLLIER COUNTY OT060483
Address: 2885 Horsesboe Drive Soutb MBE PARTICIPATION: 00/0
Naples, FL 33104 COST SHARING INFORMATION
Project Manager: Jerry Kurtz, PE Total Project Cost: $ 1,400,000.00
Telephone No: 239-239-213-5860 COUNTY Contribution: $1,000,000.00
Fax No: 239-659-5790
Hereinafter referred to as: COUNTY
PROJECT TITLE: LEL Y STORMW A TER IMPROVEMENT PROJECT (LASIP)
The following Exhibits are attached hereto and made a part of this AGREEl\1ENT :
Exhibit" A" - Not Applicable Exhibit "H" - Not Applicable
Exhibit "B" , General Tem15 & Conditions Exhibit "I" - Not Applicable
Exhibit "e" - Statement of Work Exhibit "J" - Not Applicable
Exhibit "D" - Payment and Deliverable Schedule Exhibit PlK" - Not Applicable
Exhibit "E" - Not Applicable Exhibit "L" - Not Applicable
Exhibit "F" - Not Applicable Exhibit "Mil - Not Applicable
Exhibit "G" - Not Applicable Exhibit "N" - Not Apnlicable
I TOTAL DISTRICT CONSIDERATION: $ 400.000 AGREEMENT TYPE: Not-to-Exceed
Multi-Year Funding (If Applicable)
FY : 2006 $400,00000'
*Subject to District Governin~ Board Annual Budget Approval
TERM: Two (2) Year'i EFFF,CTTVF. DATF.: r.ast Date of Execution bv the Parties
District Project :l\1anager: Elizabeth Abbott District Contract Specialist: Patrick Wiener
Telepbone No: 239-338-2929 XT 7730 561-682-6220
Fax :'>10. 239-338-2936 Fax No.: 561-681-6275
SUBMIT INVOICES AND NOTICES TO THE DISTRICT AT: SUBMIT NOTICES TO THE COUNTY AT:
South Florida V.later Management District Collier County
330] Gun Club Road 2885 Horseshoe Drive South
West Palm Beach, Florida 33406 Naples, FL 33104-
Attention: Procurement Department
I Attention: County Manager
IN WITNESS WHEREOF, the authorized representative hereby executef> this Contract on this date, and accepts all Tem1S and Conditions under
which it is issued.
COLLIER COUNTY . Board of ~U"ty SUl'TlI nORID"- WATER ,~'f.\r'AGD]["n DISTRICT
commiSSione~ l~~,orida BY ITS GOVER'\I;\G BOARD
'\cccp1d Hy: I , , r>>/ (
Accepted Bv: ~ ~
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D~Itr.:. C <>.['t,'<.. I'l.;l\, \ ",1r-"'...t;.,., ,. ",;j,',J//,"(
Title: Frank Halas. Chairman -- . ---_.-"~
--_._..~_..~
Date: ;;>'-i7-n0 _ r/
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Da,ted:
ATTEST:
DWIGHT E. BROCK. C1c'rk
'1Dttc. f\'l\U \,~ ~(h .--d ".b.e
--t:::....--x:'-:-~ ~ II to ~dl:'lll!l"
sl~tt!l"t 0111,.
Assistant County Attorney
ilsm :'~o. 'iG32
SOUTH FLORIDA W <\TER MANAGEMENT DISTRl~T2 2007
... . ;"""'::1;."9 8 of 22
EXHIBIT "B" 0
GENERAL TERMS AND CONDITIONS
ARTICLE] - STATEMENT OF WORK
l.l 'The COUNTY shall, to the satisfaction of the
DISTRICT, fully and timely perform all work items
described in the "Statement of Work," attached hereto
as Exhibit "C" and made a part of this AGREEMENT.
1.2 As part of the services to be provided by the
COl.:NTY under this AGREEMENT, the
COUNTY shall substantiate, in whatever forum
reasonably requested by the DISTRICT, the
methodology, lab analytical examinations, scientific
theories, data, reference materials, and research
notes, The COlJ!.lTY shall also be required to
substantiate any and all work completed, including
but 110t limited to, work completed by subcontractors,
assistants, models, concepts, analytical theories,
computer programs and conclusions utilized as the
basis for the final work product required by the
AGREEMENT. TIlis paragraph shall survive the
expiration or termination of this AGREEIVIENT.
1.3 The parties agree that time is of the essence in
the performance of each and every obligation under
this AGREEMENT.
1.4 In tile event COUNTY employees or hired
workers are authorized by Exhibit "C" to perfom1
services on-site at DISTRICT facilities, the COUNTY
hereby agrees to be bound by all applicable DISTRICT
policies and standards of conduct listed in Attachment
1, "Contractor Policy Code Acknm....lcdgement" to
Exhibit "e" and shall require each individual
pl:rforming such on-site work to execute the
Attachment 1 [01111, It is the COUNTY's responsibility
to advise its employees or hired workers of the mJnlre
of the project, as described in Exhibit "C". TIle
COVNTY shall detcrmine the method, detarls and
means of perfom1ing the services, within u1e parameters
cstablished by Exhibit "C", 111e DISTR1CT shall
provide additional guidance and instmctions to
COUXTY's employees or hircd \vorkers where
necessary or appropriate as detclTIlincd by the
DISTRICT.
ARTICLE 2 - COMPENSATIONI
CO"'SrDERATION
2. 1 The total consideration for all work required
by tbe DISTRICT pursuant to this AGREEME"'T
shall not exceed the amount as indicated on the
cover/signature page of this AGREEMENT. Such
amount includes all expenses which the COUNTY
may incur and therefore no additional consideration
shall be authorized.
2.2 Non.vithstanding the foregoing, the amoWlt
expended under this AGREEME"'T shall be paid in
accordance .with, and subject to the multi-year funding
allocations for each DISTRICT fiscal year indicated on
t.he cover/signature page of this AGREEMENT.
Funding for each applicable fiscal year of this
AGREEMENT is subject to DISTRICT Goveming
Board budgetary appropriation. In the event the
DISTRICT does not approve funding for any
subsequent fiscal year, this AGREEMENT shall
terminate upon expenditure of the current funding,
notwithstanding other provisions III this
AGREEMENT to the contrary, The DISTRICT will
notify the COLNTY in writing after the adoption of the
fmal DISTRICT budget for each subsequent fiscal year
if funding is not approved for tillS AGREEMENT.
2.3 111e COtJNTY assumes sole responsibility for
an work which is perfonned pursuant to the Statement
of Work, Exhibit "C". By providing funding hereunder,
the DISTRICT does not make any warranty, guaranty,
or any representation wh;)tsocver regarding the
correch1ess, accuracy, or reliability of any of the work
performed hereunder.
2.4 The COL'NTY by executing this
AGREEMENT, certifies to truth-in.negotiation,
specifi:::ally, that '\'age rates and other factual unit costs
supporting the considerJ.tion are accurate, complete,
and cunent at the time of contracting. The COVNTY
agrees rhat the DISTRICT may adjust tile
consideration for this AGREEI\.fENT to exclude any
significant sums by \\'hich the consideratlon \\"as
increased due to inaccurate, incomplete, or non-current
wage rates and other fJctual unit costs.
The DISTRICT shall tnake any such adjustment within
Page 1 of 10, Exhibit "B"
I
Contract File:\County.doc 12/19/05
Agenda !tem ~~o. 1 GB2
SOUTH FLORIDA WATER MANAGEMENT DISTlU~~:29 ;~g;
EXHIBIT "B"
GENERAL TERMS AND CONDITIONS
one (1) year following the expiration or termination of
this AGREEMENT.
ARTICLE 3 - INVOICING AND PROMPT
PAYMENT
3.1 The COUNn?'s invoices shall reference the
DISTRICT's Contract Numher and shall be sent to the
DISTRICT's address specified on the cover/signature
page of this AGREEMENT. The COUNTY shall not
submit invoices to any other address at the DISTRICT.
3,2 The COUNTY shall submit the invoices on a
completion of deliverable basis, pursuant to the
schedule outlined in the Payment and Deliverable
Schedule, attached hereto as Exhibit "D" and made a
part of this AGREEMENT, In the event the
schedule does not specify payment on a completion
of deliverable basis, all invoices shall be
substantiated by adequate suppOliing documentation
to justify hours expended and expenses incurred
within the not-to-exceed budget, including but not
limited to, copies of approved timesheets, payment
vouchers, expense reports (including approved travel
costs, if applicable), receipts and subcontractor
invoices. Any authorized travel shall be reimbursed
in accordance with Chapler 112, Florida Statutes.
3.3 it is the policy of the DISTRICT that payment
for all goods and services shall be made in a timely
manner and that interest payments are made on late
payments. In accordance with Florida Statutes,
Section 218.70, Florida Prompt Payment Act, a
"proper" invoice is defined as an invoice that
conforms to all statutory requirements and all
DISTRICT requirements as specified in the
AGREEMENT for invoice submission. The time at
which payment shall be due from the DISTRICT
shall be forty-five (45) days from receipt of a proper
mvoice and acceptance of services and/or
deliverables, based on compliance with the stahltOl)'
requirements set forth in Section 218.70, F.S. and
upon satisfaction of the DISTRICT conditions as
detailed in the AGREEMENT,
Failure of the COUNTY to follow the instructions
set forth in the AGREEMENT regarding a proper
invoice and acceptable services and/or deliverables
may result in an unavoidable delay in payment by the
DISTRICT. All payments due from the DISTRICT
for a proper invoice and acceptable services and/or
deliverables and not made within the time specified
in this section shall bear interest from thirty (30) days
after the due date at the rate of one percent (1%) per
month on the unpaid balance, The COUNTY shalI
invoice the DISTRICT for payment of any accrued
unpaid interest.
Any disputes regarding invoice payments which
cannot be resolved by the appropriate department of
the DISTRICT shalI be concluded by final written
decision of the DISTRICT Leadership Team not
later than sixty (60) days after the date on which the
proper invoice was received by the DISTRICT.
3.4 Unless otherwise stated herein, the
DISTRICT shalI not pay for any obligation or
expenditure made by the COUNTY prior to the
conunencement date of this AGREEMENT.
ARTICLE 4 - PROJECT MANAGEMENT!
NOTICE
4.1 The parties shall direct all technical matters
arising in connection with the performance of this
AGREEMENT, other than invoices and notices, to the
attention of the respective Project Managers specified
on the cover/signature page of tlle AGREEMENT for
attempted resolution or action. .The Project Managers
shall be responsible fur overall coordination and
oversight relating to the performance of t..'-1is
AGREEMENT. 1110 COUNTY shalI direct all
administrative matters, including invoices and notices,
to the attention of the DISTRJCT's Contract Specialist
specified on tbe cover/signature page of the
AGREEMENT.
All formal notices between the parties under this
AGREEMENT shalI be in writing and shall be
deemed received if sent by certified mail, return receipt
requested, to the respective' addresses specified on the
cover/signature page of the AGREEMENT. The
COUl\:TY shall also provide a copy of all notices to the
DISTRICT's Project Manager. All notices required by
this AGREEMENT shall be considered delivered upon
receipt. Should either party change its address, v,rrittenp
Page 2 of 10, Exhibit "B"
Contract FJle:\County,doc 12/19/05
Q'::;rjC~.3 :i0;;n 1')0. "j 682
SOUTH FLORIDA WATER MANAGEMENT DISTRIK."f'~; 2?~!
, (:;':j..... 1\.., c), .;..2
EXHIBIT "B"
GENERAL TERMS AND CONDITIONS
notice of such new address shall promptly be sent to the
other party.
All correspondence to the DISTRICT under this
AGREEMENT shall reference the DISTRICT's
Contract Number specified on the cover/signature page
of the AGREEMENT,
ARTICLE 5 - INSURA:\CE
5.1 The COUNTY assumes any and all risks of
personal injury, bodily injury and property damage
attributable to the negligent acts or omissions of the
COU~TY and the officers, employees, servants, and
agents thereof. The COUNTY warrants and
represents that it is self-funded for \Vorker's
compensation and liability insurance, covering at a
minimum bodily injury, personal injury and property
damage with protection being applicable to the
COUNTYls officers, employees, servants and agents
V\..'hile acting within the scope of their employment
during performance under this AGREEMENT. T11e
COUNTY and tile DISTRICT further agree that
nothing contained herein shall be construed or
interpreted as (1) denying to cither party any remedy
or defense available to such party under the laws of
the State of Florida; (2) the consent of the State of
Florida or its agents and agencies to he 5ued; or 0) a
waiver of sovereign immunity of the State of Florida
beyond the waiver provided in Section 768.2.s,
Florida Statutes.
5.2 In the event the COU"'TY subcontracts
any part or all of the work hereunder to any third
party, the COUNTY shall require each and every
subcontractor to identify the DISTRICT 3S an
additionnl insured on all insur;:mce policles as
required by the COUNTY. Any contract awarded by
the COUNTY for work lInder this AGREEMENT
shall include a provision whereby the C01JNTY's
subcontractor agrees to indenU1ify, and pay on behalf,
and hold the DISTRICT harmless from all damages
ariSing lTI cOlmection with the COUl'TY's
subcontract.
ARTICLE 6 - TERMINATION/REMEDIES
6.1 It is the policy of the DISTRICT to
encourage good business practices by requiring
contractors to materially perform in accordance with
the terms and conditions of the DISTRICT
AGREEMENT. In accordance with DISTRICT
Rule 40E-7, Part II, F,A.C., "material breach" is
defined as any substantial, unexcused non-
performance by failing to perform an act that is an
important part of the transaction or performing an act
inconsistent with the tenus and conditions of the
AGREEMENT.
If !he COUNTY materially fails to fulfill its
obligations under this AGREEMENT, the
DISTRICT will provide wrinen notice of the
deficiency by forwarding a Cure ~.Jotice citing the
specific nature of the material breach. The
COUNTY shall bave thirty (30) days to cure the
breach. If the COUNTY fails to cure the breach
within the thirty (30) day period, the DISTRICT
shall issue a Tcmlination for Default Notice. Once
the DISTRICT has ootified tile COU1'iTY that it has
m3t~ri81ly breached its contract \viIh the DISTRICT,
by sending a Ternlinalion for Default Notice, the
DISTRICT's Governing Board shall detennine
whether the COUNTY should be s.uspended from
doing future 'A'ork \vith the DISTRICT, and if so, for
what period of time. The DISTRICT~s Governing
BOllrd will consider the factors detailed in Rule 40E-
7, Part II, F.A.C. in making a determination as to
whether a COUNTY should be suspended, and if so,
for what period of time. Should the DISTRICT
tcrminaie for default in accordance with this
provision, the DISTRICT shall be entitled to recover
reprocurement costs in addition to all other remedies
under law and/or equity.
6,2 The DISTRICT may terminate this
AGREEI\1EJ\'T with or \vithout cause at any time for
convenience upon thil1y (30) calendar days prior
written notice to the COUNTY. The penomunce of
work Imdc:r this AGREEI\fENT may be tcmlinated by
the DISTRICT in accordance \vith this clause in
whole, or from time to time in patio whenever the
DISTRICT shall determine that sllch lemllnation is in
the best interest of the DISTRICT. Any such
tennination shall be effected by delivery to tlle
COUNTY of a Notice of Termination specifying tile
extent to which perfolTI1ance of work under the
AGREEI\1ENT is tenninated, and the date upon which
Page 3 of 10, Exhlblt "B"
I
Contract File:\County.doc 12119/05
__J
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;\genda It9nl [,10. 1 CB2
JUlie 12, 2007
?age 11 of 22
i:s;n i'b 6!:::
SOUTH FLORIDA WATER MANAGEMENT DISTRf:Cr',2; 2~C:
r c~'c '.c- '.J, ..::
EXHIBIT "B" -
GENERAL TE~"1S AND CONDITIONS
such termination becomes effective.
In the event of termination for convenience, the
DISTRICT shall compensate the COUNTY for all
authorized and accepted deliverables completed
through the date of termination in accordance ,vith
Exhibit "C", S1lltement of Work. The DISTRICT sball
be relieved of any and all future obligations hereunder,
including but not limited to lost profits and
consequential damages, under this AGREEMENT.
The DISTRICT may withhold all payments to tile
COUNTY for such work until such time as the
DISTRlCT determines the exact amount due to the
COUNTY.
6.3 In the event a dispute arises which the project
managers cannot resolve benveen themselves, the
parties shall have the option to submit to non-binding
mediation. The mediator or mediators shall be
impartial, shall be selected by the parties, and the
cost of the mediation shall be borne equally by the
parties. TIle mediation process shall be confideIltial
to the extent pennitted by law.
6.4 The DISTRICT may order that al] or part of the
work stop if circumstances dictate that this action is in
the DISTRICT's best interest. Such circumstances
may include, but arc not limited to, unexpected
technical developments, direction given by the
DISTRICT's Governing Board, a condition of
immediate danger to DISTRICT employees, or the
possibility of damage to equipment or prop(:rty. TIlis
provision shall not shift responsibility for Joss or
damage, including but not limited to, lost profits or
consequential daITlJges sustained as a result of sllch
delay, ITom the COVl'iTY to the DISTRICT. If this
provision is invoked, the DISTRICT shall notify the
COUf\;TY in writing to stop work as of a certain date
and specify the reasons for the action, which shall not
be arbitnJl)' or capricious. The COlJNTY shall then be
obligated to r.;uspend all work efforts as of the effective
date of the notice and until further writte'fl direction
from the DISTRICT is received. Upon resumption of
\~'/ork, if deemed appropriate by the DISTRICT, the
DISTRICT shall initiate an amendment to this
AGREEMENT to reflect any changes to E;.;.hibit "C",
Statement of\Vork andior the project sck:dule.
6.5 TIle DISTRICT anticipates a total project cost
as indicated on the cover/signature page, with the
balance of matching funds and/or in-kind services to be
obtained from the COUNTY in the amount as specified
on the cover/signature page of this AGREEMENT. In
the event such COUNTY matching funding andlor in.
kind services becomes unavailable, that shall be good
and sufficient cause for the DISTRICT to temllnatc the
AGREEME:'<lT pursuant to Paragraph 6.2 above.
ARTICLE 7 - RECORDS RETENTlON/
OWNERSHIP
7, I The COUNTY shall maintain records and tile
DISTRICT shall have inspection and audit rights a.s
follows:
A. I\faint~JlancLof _R~~iJrds_~ TIle COUNTY
shall maintain all fmancial and non-fmancial records
and reports directly or indirectly related to the
negotiation or performance of this AGREEI\1ENT
including supporting docun1entation for any service
rates, expenses, research or reports. Such records shall
be maintained and made available for inspection for a
period of five years from completing perfonnance and
receiving final payment under this AGREE"MENT.
B. :E:X<im!l).L!.ti9nQ[J~,e<::.QrLis.: TIle DISTRICT
or its desigmted agent shall have the right to examine in
accordance witJ1 generally accepted governmental
auditing standards all records directly or indirectly
n:lated to iliis AGREE1\lENT. Such examination may
be moce onJy within five years from the date of fmal
payment under this AGREEJ\.fENT and upon
reasonable notice, time and place.
C E~tendt'd___~\'ai1abili:!:Y.-Q.[B_~ords il2!" IJee:?l
!2!s.Qutes: In the event that the DISTRICT should
become involved in ;1 legal displlte \\'ith a third party
arising from perfOl111allCe under tIns AGREEIHENT,
the COUNTY shall extend the period of maintenance
for all records relating to the AGREEJVIE!\T until the
final disposition of the legal dispute, and all such
records shall be made readily available to the
DISTRICT.
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Page 4 of 10, Exhibit "8"
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Contract File:\County,doc 12...'19/05
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Agenda It{:::ill i~o. 1682
SOUTH FLORIDA WATER MANAGEMENT DISTR~~r\23 ;ygi
EXHIBIT "B" ~
GENERAL TERMS AND CONDITIONS
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7.4 Any equipment purchased by the COUNTY
with DISTRICT funding under this AGREEMENT
shall be returned and title transfclTed from the
COIINTY to tlJe DISTRICT immediately upon
tennination or t:xpiratiun of this AGREE1\-IENT
upon the written request of the DISTRICT not less
than thirty (30) days prior to AGREEMENT
expiration or termination. Equipment is hereby
defined as any non-consumable items purchased by
the DISTRICT with a value equal to or greater than
$1,000,00 and with a normal expected life of one (1)
year or more. The COUNTY will maintain any such
equipment in good working condition while in its
possession and will return the equipment to the
DISTRICT in good condition, less nonnal wear and
tear. The COUNTY will use its best efforts to
safeguard the equipment throughout the period of
performance of this AGREEMENT, However the
DISTRICT will not hold the COUNTY liable for
loss or damage due 10 causes beyond the
COUNTY's reasonable controL In the event of loss
or damage, the COUNTY shall notify the
DISTRICT in writing within five (5) working days
of such occurrence.
7.5 The DISTRICT has acquired the right to use
cenain software under license from third parties. For
purposes of this AGREEMENT, the DISTRICT
may permit the COUNTY access to certain third
party owned soft\varc on DISTRICT computer
systems, The COUNTY acknowledges the
proprietary nature of such software and agrees not to
reproduce, distribu1e or disclose such software to any
third party. Use of or access to such sofhvare shall
be restricted to designated DISTRICT ovmed
systems or equipment. Removal of <lIlY copy of
licensed softv...'are is prohibited.
ARTICLE 8 - STANDARDS OF
COMPLIANCE
8.1 The COUNTY, its employees, subcontractors or
assigns, shall comply '.\rith all applicable federal, state,
and local hnvs and regulations relating to the
perii:nmance oftlJis AGREEMENT, The DISTRICT
undertakes 110 duty to ensure such compliance, but \vitl
attempt to advise the COIJNTY, upon request, as to
any such laws of which it has present knowledge.
8.2 The COUNTY hereby assures that no person
shall be discriminated against on the grounds of race.
color, creed, national origin, handicap, age, or sex, in
any activity under this AGREEMENT, The
Page 5 of 10, Exhibit "Bll
Contract File:\County,doc ] 2/19105
1!:=;>1l I',!o.~ CS2
SOUTH FLORIDA WATER MANAGEMENT DISTR~~::r1_~4;r~;
EXHIBIT "B"
GENERAL TERMS AND CONDITIONS
COUNTY shall take all measures necessary {o
effectuate these assurances.
8.3 The laws of the State of Florida shall govern all
aspects of this AGREEMENT. In the event it is
necessary for either party to initiate legal action
regarding this AGREEMENT, venue shall be in the
Fifteenth Iudicial Circuit for claims under state law and
in the Southern District of Florida for any claims which
are justiciable in federal court.
8.4 The COUNTY, by its execution of this
AGREEMENT, acknowledges and attests that neither
it, nor any of its suppliers, subcontractors, or
consultants who shall perform work which is intended
to benefit the DISTRiCT is a convicted vendor or has
been placed on the discriminatory vendor list. If the
COUNTY or any affiliate of the COUNTY has been
convicted of a public entity Clime or has been placed on
the discriminatOlY vendor list, a period longer than 36
months has passed since that person was p18ced on the
convicted vendor or discriminatory vendor list. TIle
COVi'TY further understands and acc('Pts that this
AGREEMENT shall be either vOld by the DISTRICT
or subject to immediate tcnmnation by the DfSTRICT,
in the event there is any Dllsrepresentation or lack of
compliance with the man(btes of Section 287.133 or
Section 287.134, respccti\'e1y, Florida Statutes. 1ric
DISTRICT, in the event of such tcnnination. shall not
incur any li<ibilily to the COUNTY for any work or
materials fumished.
8.5 The COUNTY. by its execution of this
AGREEMENT, acknowledges and attests th3t
neither it, nor any of it..:;; suppliers, subcontractors, or
consultants \yho shall perform '.vork which is intended
to benefit the DISTIUCT 15 included on the list of
Specially Designated Nationals and Blocked Persons
(SDN List) which is administered by the U.S.
Depaltment of Treasury, Office of ForeIgn Assets
Control. TIle COUNTY further understands ~ll1d
accepts that this AGREEMENT shall be either void
by the DISTRICT or subject to inmlediate termtnation
by the DISTRICT, in the event there is any
misrepresentation. The DISTRICT. in the event of
such termination, shall not incur any liability to the
COU1'\TY for any work or materials furnished.
8,6 The COUNTY shall be responsible and liable
for the payment of all of its FICA/Social Security and
other applicable taxes resulting from this
AGREEMENT,
8,7 The COUNTY warrants that it has not
employed or retained any person, other than a bona fide
employee working solely for the COUNTY, to solicit
or secure this AGREEMENT. Further the COUNTY
warrants that is has not paid or agreed to pay any
person, other than a bona fide employee working solely
for the COUNTY, any fee, commission, percentage,
gi~ or other consideration contingent upon or resulting
from tile awarding or making of this AGREEMENT,
For breach of this provision, the DISTRICT may
terminate this AGREEMENT without liability and, at
its discretion. deduct or otbcr\\'ise recover the full
amount of such fee, commission, percentage, gift, or
other consideration.
8,8 TIle COUNTY shall allow public access to all
project docwncnts and materials in accordance with the
provisions of Chapter 119, Florida Statutes. Should the
COUNTY assert any exemptions to the requirements of
Chapter 119 and related Statutes. the burden of
establishing such exemption, by \vay of injilllctive or
other rehef as provided by Jaw. shall be upon the
COCNTY
8,8,) Pursuant to Sections 119,07(3)(0), and
1004.32 Florida Statutes, data processing software
obtained by an agency under a Iicen~e
AGREEMENT which prohibits its disclosure and
which soft\vare is a trade secret, as defined in
Sections 812.081(c). Florida Stannes is exempt from
the disclosure provisions of the Public Records law.
However. the parties hereto agree th3t if a request is
made of the DISTRICT, pursuant to Chapter 119,
Florida Statule, for public disclosure of proprietary
property bemg licensed 10 the COUNTY (Licensee)
hereunder, the DISTRICT shall advise the
CoOl:]',"ry (Licensee) of such request and. as
betv.'een the DlSTRJCT and the COUNTY
(Lic('nsee), it shall be the COUNTY's (Licensee's)
sole burden and responsibility to immediately seek
and ontain snch injunctive or other relief from the
Coul1S and to inmlediately serve notice of the same
Page 6 of 10, Exhibit "B"
.
Contract File:\County.doc 12/1 9/05
,L,genda item No. "1 (3B2
SOUTH FLORIDA WATER MANAGEMENT DISTR1CT'2 2Ci9?
j'''lg~ 15 of LL.
EXHIBIT "B"
GENERAL TERMS AND CONDITIONS
upon the Licensor to protect the Licensor's claimed
exemption under the Statute.
8.9 The COUNTY shall make reasonable efforts
to obtain any necessary federal, state, local, and other
governmental approvals, as well as all necessary
private authorizations and permits, prior to the
connnencement of performance of this
AGREEMENT. A delay in obtaining permits shall
not give rise to a claim by the COUNTY for
additional compensation. If the COUNTY is unable
to obtain all necessary pennits in a timely manner,
eIther party may elect to terminate this
AGREEl\fENT, each party to bear its own costs,
notwithstanding other provisions of this
AGREEMENT to the contrary.
8,10 Pursuant to Section 216.347, F.S., the COUNTY
is prohibited from the expenditure of any funds under
tins AGREEMENT to lobby the Legislature, the
judicial branch or another state agency.
8.11 The DISTRICT is a governmental entity
responsible for performing a public service and
therefore has a legitimate interest in promoting the
goals and objectives of the agency. The work under
this AGREEMENT involves a project consistent
with these goals and objectives. Consequently, the
DISTRICT is desirous of satisfactorily completing
and successfully promoting this project with the
cooperation of its COUNTY. TIlerefore, the
COUNTY assures the DISTRICT that the
COUNTY, its employees, subcontractors and assigns
will refrain from acting adverse to the DISTRICT'S
legitimate interest in promoting the goals and
objectives of this project. The COUNTY agrees to
take all reasonable measures necessary to effectuate
these assurances. In the event the COUNTY
detcnnines it is unable to meet or promote the goals
and objectives of the project, it shall have the duty to
irrmledialely notify the DISTRICT, Cpon such
notification the DISTRICT, in its discretion, may
terminate this AGREEMENT.
ARTICLE 9 - RELATIONSHIP BETWEEN
THE PARTIES
9.1 The COUl'l'TY shaH be considered an
independent contractor and neither party shaH be
considered an employee or agent of the other party.
Nothing in this AGREEMENT shaH be inteIpreted to
establish any relationship other than that of independent
contractor between the parties and their respective
employees, agents, subcontractors, or assigns during or
after the performance on this AGREEMENT. Both
parties are free to enter into contracts with other patties
for similar services.
9.2 In the event that tile COUNTY is providing staff
who will be working on-site at DISTRICT facilities, it
is further understood that the COL'NTY shaH he the
employer of the staff provided pursuant to the
AGREEMENT for aH pUlposes under state and federal
law and tilat the COUNTY's staff shaH not be eligible
for any benefit programs the DISTRICT offers to its
employees, AH henefits available to the COUNTY's
staff shaH be exclusively provided by the COUNTY or
by the COUNTYls employee.
TIre COUNTY is solely responsible for compliance
with all labor and tax laws pertaining to officers, agents
and COUNTY employees and shaH rndemnify and
hold tile DISTRICT hannless from any failure hy tlle
COUNTY ro comply with such Jaws, TIle
COlJNTY's duties with respect to such personnel shall
include, but are not limited to, the following:
9.2.1 Billing, collection. payroll services and tax
withholding, and any other related services
9.2.2 Providing insurance coverage pursuant
to Article 5 of this AGREEMENT.
9.2.3 Providing any and all employment
benefits, including, but not limited to, annual leave,
sick leave, paid holidays, health insurance, retirement
benetits and disability insurance.
9.2.4 Complying with the Fair Labor Standards
Act, 29 USe. 201, el.seq" including payment of
overtime in accordance with the Act.
9.2.5 Providing employee training for all
activities necessary for job perfonnance, except those
fWlctions tilat are unique to the DISTRICT, in which
Page 7 of 10, Exhibit "B"
Contract Filc:\County.doc 12: 1 t)i(lj
/\,!f;nc:a i\(.'):T, :\)0. "1C32
SOUTH FLORIDA WATER MANAGEMENT DISTRle.ri,~, 20~7
,-"h:e I'.J ~Jf ,,-2
EXHIBIT "B" -
GENER..l,.L TERMS AND CONDITIONS
event, the DISTRICT, in its sole judgment and
discretion, may provide training.
9.3 It is the intent and underst:mding of the Parties
that this AGREEMENT is solely for the benefit of the
COUNTY and the DISTRICT. No person or eonty
other than the COUNTY or tbe DISTRICT shall have
any rights or privileges under this AGREE:MENT in
any capacity whal'iOever, either as third-party
beneficiary or otherwise.
9.4 'The COl7NTY shall not assign, delegate, or
otheJ'VI.'ise transfer its rights and obligations as set fOlth
in this AGREEMENT ",ithout tllC prior written
consent of the DISTRICT. Any attempted assignment
in violation of this provision shall be void.
9.5 The COUNTY shall not pledge the
DISTRICT's credIt or make tlle DISTRICT a
guarantor of payment or surety for any
AGREEI\;1E~T, debt, obligation, judgement, lien, or
any fOffil of indebtedness.
9.6 'nle DISTRICT assumes no duty with regard to
toe supervision of tlle COUNTY and the COUNTY
shall remain solely responsihle for compliance with all
safety requirements and for the safety of all persons and
property at tile site of AGREEMEl'T perfonuanee.
ARTICLE 10 - MBE PARTICIPATION
10, I The COU"TY hereby acknowledges that
no I'vlinority Business Enterprises (MBE)
participation level has been est;::blishcd for this
AGREKMENT; howevcr, both parties agree to
provide the other advance notice of competitive
contracts thut may result from this AGREE1\tENT
along with timelines for public notice and award of
slIch contracts. In the c\'ent subsequent competitive
contract a\vards do result in "[\,lIRE participation, sllch
participation shall be reported to the other parry.
Both the COUNTY and the DISTRICT will C'nsure
compliance with the provisions of their respective
program, laws, ordinances and policies and ",'ill
support the other's initiatives to the extent al10wecJ by
law.
ARTICLE 11 - GE'iERAL PROVISIONS
11.1 Notwithstanding any provisions of this
AGREEMENT to the contraIY, the parties shall not he
held liable for any failure or delay in the perfonnance of
this AGREEMENT that arises from fIres, floods,
strikes, embargoes, acts of the public enemy, unusually
severe \veather, outbreak of war, restraint of
Government, riots, civil conunotion, force majeure, act
of God, or for any other cause of the same character
which is unavoidable through the exercise of due care
and beyond the control of the parties. Failure to perfonn
shall be excused during the continuance of such
circumstances, but this AGREEMENT shall othcrn'ise
remain in effect. This provision shall not apply if the
"Statement of \Vork" of this AGREEMENT specifies
that performance by COUNTY is specifically required
during the occurrence of any of the events herein
mentioned.
11.2 Any incol15istency in tllis AGREEMENT shall
be resolved by giving precedence in the following
order:
(J) Exhibit "A" Special Provisions, if applicable
(b) Exhibit "B" General TemlS and Conditions
(c) Exhibit "C" Statement of Work
(d) all other exhibits, attachments and dOClm1ents
specifically incorporated herein by reference
11,3 FallLrrcs or wat\'crs to msist on strict
perfom1ance of any covenant, condition, or provision of
this AGREEMENT by the patties, their successors and
assigns shan not be deemed a waiver of any of its rights
or rcmedJes, nor shall it relieve the other party from
pcrfomling any subsequent obligations strictly in
accordance with the tCffilS of this AGREEl\iENT. No
waiver shan be effective unless in wrinng and signed by
the party against whom enforcement is sought. Such
w<liver shall be limited to prOVIsions of this
AGREE1\lENT specifically referred to therein and
sbdl not be deemed a wCliver of any other provision.
No \\'<livcr shall constitute a continuing \"aiver unless
tll:: '\Tiring states othenvise.
11.4 Should :Iny term or provision of this
AGREEJ\1E:\'T be held, to any extent, invalid or
unenforcc~b]e, as ngainst any pt'rson, entlty or
circumstance during the term hereof, by force of any
:;t:ltutc, 1m>,:, or mling of any forum of competent
jUlisdictlon, such invalidity shall not affect any other
Page 8 of 10, Exhibit HB"
,
Contract File:\County.doc 12119105
p,g~;nda Item No. 1682
SOUTH FLORIDA WATER MANAGEMENT DlSTRIJf;,;t2 2097
"o"~17Qf22
EXHIBIT "B"
GENERAL TERMS AND CONDITIONS
---~'
term or provision of this AGREEMENT, to the extent
that the AGREEMENT shall remain operable,
enforceable and in full force and effect to the extent
permitted by law,
11.5 This AGREEMENT may be amended only
with the written approval of the parties hereto.
11.6 11lis AGREEMENT states the entire Wlder-
standing and AGREEMENT between the parties and
supersedes any and all written or oral representations,
statements. negotiations, or contracts previously
existing between the parties with respect to the subject
matter of this AGREEMENT. The COUNTY
recognizes that any representations, statements or
negotiations made by DISTRICT staff do not suffice to
legally bind the DISTRICT in a contractual
relationship unless they have been reduced to \vriting
and signed by an anthorized DISTRICT representative.
111is AGREEMENT shall inure to the benefit of and
shall be binding upon the panies, their respective
assib'11S, and successors in interest.
ARTICLE 12 -SAFETY REQUIREMENTS
12, I The COUNTY shall require appropriate
personal protective equipment in an operations where
there is exposure to hazardous conditions.
122 The COUNTY shall instmct employees
required to handle or use toxic materials or other
harmful substances regarding their safe handling and
use, including instruction on the potential hazards,
personal hygiene and required personal protective
measures. A Material Safety Data Sheet (MSDS)
shall be provided by the COUNTY to the
DISTRICT on each chemical product used.
12.3 111e COUNTY shall comply with the
standards and regulations set forth by the
Occupational Safety and Health Administration
(OSHA), the Florida Deparnnent of Labor and
Employment Security and all other appropriate
federal, state, local or DISTRICT safety and health
standards.
12.4 It is the COUNTY's sole duty to provide safe
and healthful working conditions t.o it.s employees
and those of Ule DISTRICT on and about the site of
AGREEMENT performance.
12.5 The COUNTY shall initiate and maintain an
accident prevention program which shall include, but
shall not be limited to, establishing and snpervising
programs for the education and training of employees
in the recognition, avoidance. and prevention of
unsafe conditions and acts.
12.6 The COUNTY shaH erect and maintain, as
required by existing conditions and performance of
the AGREEMENT, reasonable safeguards for safety
and protection, including posting of danger signs and
other warnings, against hazards.
12,7 The COUNTY shall take reasonable
precautions for safety of, and shall provide
reasonable protection to prevent damage, injury, or
loss to:
12.7.1 employees on the work and other
persons who may be affected thereby; induding
pedestrians, visitors, or traveling public;
12.7.2 the work, materials, and equipment to
be incorporated therein; whether in storage on or off
the site, under care, custody or control of the
COUNTY, or the COUNTY's subcontractors; and
12.7.3 other properties at the site or adjacent
thereto; such as trees, shrubs, la~'I1s, walks, utilities,
pavement, roadways, structures, building, vehicles,
and equipment not designated for removal, relocation
or replacement in the course of work.
12,8 The COUNTY shall provide first aid services
and medical care to its employees.
12,9 The COUNTY shall develop and maintain an
effective fire protection and prevention procedures
and good housekeeping practices on the work site
throughout the AGREEMENT.
Page 9 of lO, Exhibit "B"
Contract File:\County.doc 12/19/05
:i"::;iYl ~'JD. 'iC32
SOUTH FLORIDA WATER MANAGEMENT DISTRJ'C:t,2~ 2i;7
. U~I~ ,'..1.], _2
EXHIBIT "B" ~
GENERAL TERMS AND CONDITIONS
12.10 Emergencies: In emergency affecting safety
of persons or property on or about the site or as a
result of the work; the COUNTY shall act, timely
and with due diligence, to prevent threatened
damage, injury, or loss.
12,11 Environmental: When the COUNTY,
COUNTY's contractors, or subcontractors, use
petroleum products, hazardous chemicals, or any
other chemicals used on or about the site, the
COUNTY shall be responsible for handling these
chemical constituents in accordance with federal,
state and local regulations during the terms of the
AGREEMENT. For accidental discharges or
releases onto the floor, air, ground, surface waters,
ground waters, it shall be the COUNTY's sole
responsibility to respond immediately to clean the
site, at his expense, to the complete satisfaction of
federal, state, 10c.l regulatory agencies and to the
DISTRICT requirements.
12,12 The DISTRICT may order the COUNTY to
halt operations under the AGREEMENT, at the
COUNTY's expense, if a condition of immediate
danger to the public and/or DISTRICT employees,
equipment, or property exist. This provision shall
not shift the responsibility or risk of loss for injuries
or damage sustained from the COUNTY to the
DISTRICT; and the COUNTY shall remain solely
responsible for compliance with all federal, state and
local safety requirements, provisions of this section,
and safety of all persons and property on or about the
site.
Page 10 of 10, Exhibit "Bu
Contract File:\County,doc 12/19/05
I
f'\genda Item 1\10. 1 C3B2
,june i 2. 2007
Page 19 of 22
EXHIBIT "C"
STATEMENT OF WORK
LASIP Phase 1
Lely Branch Canal (U.S. 41 to Kings Lake)
1. INTRODUCTION
For Fiscal Year 2006, the District received funding from the Florida State Legislature for
implementation of watershed restoration projects in Southwest Florida called the Naples Bay
Initiative via SAl7l7A of the General Appropriations Act. Under this Initiative are several
projects addressing important water restoration and management issues in Collier County. The
goals of the Initiative are to:
.
Construct stormwater treatment structures/facilities that improve polluted runoff and
Improve the hydrology (quantity, timing and distribution) associated with freshwater
discharges to the estuaries.
.
One of the locations in Collier County that would greatly benefit from improved stormwater
management is the Lely Area, The Lely Area is approximately bounded by Radio Road to the
north, Rookery Bay National Estuarine Research Reserve to the south, Airport-Pulling Road and
a theoretical southward extension of the same to the west and CR 951 to the east. The Lely Area
Stormwater Improvement Project (LASIP) area is shown below. The LASIP system will provide
a comprehensive stormwater outfall systcm for this area of East Naples formerly known as Water
Management District #6 which has experienced an increasing level of drainage related problems
as growth has continued in the area. The drainage area of LASIP consists of about 11,135 acres
and consists of two sub-basins known as the Lely Canal Basin (LCB) system and the Lely Manor
Basin (LMB) system, The Lely Canal Basin discharges into an estuarine coastal zone along the
intercoastal waterway near Dollar Bay. The Lely Manor Canal discharges into an estuarine
coastal zone near the headwaters of Sandhill Bay and eventually into Rookery Bay.
Due to the lack of a comprehensive drainage outfall system in the LASIP area, continued
development of the area has impacted flood levels as well as water quality. Available data
indicates that water quality is generally good at present but could be expected to deteriorate
unless an improved water management outfall system for the area is developed, This agreement
provides funding to Collier County to construct stormwater management system improvements
to mitigate flooding and provide surface water quality improvements associated with a portion of
LASIP Phase 1. That portion is the Lely Branch Canal from V,S, 41 north to Kings Lake.
2. OBJECTIVES
The purpose of these stormwater management system improvements is to mitigate flooding by
providing enhanced conveyance capabilities while improving water quality through the addition
of a spreader lake to be constructed in cooperation with the Sabal Bay Community associated
with the Lely Main Canal portion of LASIP (not included in this agreement). The
implementation of these projects will result in tangible improvements to flood mitigation and
stormwater quality in the East Naples/Lcly Area,
Exhibit "e", Agreement No. OT060483 Page I of3
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3. SCOPE OF WORK
The first portion of the LASIP Phase 1 construction is currently scheduled to begin in 2006
within the Lely Canal Basin. The scope of work for this cooperative agreement is to construct
the Lely Branch Canal from U.S. 41 north to Kings Lake portion of LASIP Phase 1, This project
consists of reconstructing and enlarging an existing canal to the required cross section, This
portion includes approximately 1,500 feet of the Lely Main Canal from U.S, 41 north to 300 feet
Exhibit "e", Agreement No. OT060483 Page 2 of 3
r
,A.gemia itf2m r'~O. oj GB2
Jllne12,2007
?2ge 21 of 22
south of Rattlesnake Hammock Road and 5,500 feet of Branch Canal from 300 feet south of
Rattlesnake Hammock Road north to the south boundary of the Kings Lake Community. The
flow capacity of both canal segments will be increased. The canals will be reconstructed within
County drainage easements. All necessary SFWMD and USCOE permits have been issued for
this portion of the project.
Improvements to the Main Canal south of US. 41, downstream from this subject location, will
be completed as a separate project through cooperation with construction of the Sabal Bay
Community. This work will include reconstruction of the existing canal and construction of a
spreader lake with an approximately 1,100 foot long control berm at elevation of2.5 NGVD to
eliminate current over drainage, salt water intrusion, and provide a broader distribution of fresh
water instead of the existing concentrated point discharge, This portion of LASIP is not included
in the scope of this agreement.
As part of its cost share, Collier County developed the design and obtained the necessary pennits
for this project. This agreement provides funding support for the constmction and construction
management of the stormwater management system improvements associated with LASIP Phase
I, Lely Branch Canal from US. 41 north to Kings Lake.
4. WORK BREAKDOWN STRUCTURE
The County shall be responsible for the satisfactory completion of this project and may retain a
consultant to provide the professional services needed to assist the County during construction.
The County shall be responsible for project management, budget management and quality
control and public outreach. The County shall be responsible for reviewing and approving
deliverables from its construction contractor(s) to ensure that the project objectives are met.
4.1 Task 1: Construction of Lely Branch Canal (U.S. 41 to Kings Lake)
The County shall be responsible for the reconstructing and enlarging portions of the existing
Lely Branch Canal and Lely Main Canal to the required cross section in accordance with
approved plans and permits which shall include, but not be limited to, construction, project
management, and engineering oversight of all construction, These portions inclnde
approximately 1,500 feet of the Lely Main Canal from US, 41 nonh to 300 feet south of
Rattlesnake Hammock Road and 5,500 feet of Branch Canal from 300 feet south of Rattlesnake
Hammock Road nOlih to the south boundary of the Kings Lake ConU11Unity,
Task 1 Deliverables: One copy of the Notice to Proceed, one copy of the 50% Completion
Certification and one copy of the Construction Substantial Completion Certification
Exhibit "C", Agreement No. OT060483 Page 3 of 3
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EXHIBIT "D"
PAYMENT AND DELlVERABLES SCHEDULE
. A summary deliverable and payment schedule associated with this project is set forth below including
specific deliverables associated with each task and due dates for all deliverables.
. All deliverables submitted hereunder are subject to review and acceptance by the District. Acceptability of
all work will be based on the judgment of the District that the work is technically complete and accurate.
. Payment shall be made following receipt and acceptance by the District of project invoices in accordance
with the schedule set forth below. All invoices shall be accompanied by adequate documentation to
demonstrate completion of cach task in accordance with Exhibit hC" Statement of Work requirements,
. Total payment by the District for all activities hereunder shall not exceed the amount of $400,000. The
District's cost share amount shall not exceed 50% of the combined total project cost.
Task DcliverabJes Due Date* District Not-
(From contract to- Exceed
execution) Paymcnt
Task I: Construction of Notice to Proceed 13 months 1$50,000
Lely Branch Canal (U.S. I
41 to Kings Lake)** 50% Completion Certification i 8 months 1$350,000
I
Construction Substantial 16 months in/a
Completion Certification I
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NOT -TO-EXCEED PROJECT TOTAL: $400.000-.-J
* All dates are referenced from the date of execution of this agreement and are estimated,
** Progress payment invoices for construction activities may be submitted on a quarterly basis
Exhibit "D" Agreement No, OT060483 Page 1 011
I
Agenda Item No. 1683
June 12, 2007
Page 1 of 7
EXECUTIVE SUMMARY
Recommendation to authorize the expenditure of $64,090 for a para-transit vehicle
through the Florida Department of Transportation procurement process using a
combination of $46,553 in Rural Capital Grant reimbursement dollars, $17,000 in
insurance reimbursements, and $537 in local dollars from Fund 427 Project 314271;
to recognize the Rural Capital Grant money and insurance reimbursements and
approve the necessary budget amendments; and to use the FY07 Florida Vehicle
Procurement Program and waive the competitive purchase process.
OBJECTIVE: To authorize the expenditure of $64,090 for a para-transit vehicle through
the Florida Department of Transportation procurement process using a combination of
$46,553 in Rural Capital Grant reimbursement dollars, $17,000 in insurance
reimbursements, and $537 in local dollars from Fund 427 Project 314271; and to
recognize and approve budget increases to Fund 427 Project 314721 in the amount of
$46,553 for the rural capital grant reimbursement and $17,000 in insurance
reimbursements, to authorize the purchase of a Florida Bus Turtletop Paratransit vehicle
from the FY07 Florida Vehicle Procurement Program, and to waive the competitive
purchase process,
CONSIDERATION: Collier County's Paratransit system maintains a capital
replacement schedule for vehicles. The purchase of this vehicle will replace a paratransit
vehicle that has approximately 250,000 miles and was recommended for replacement by
Fleet Management.
Each year for the past nine years, the Florida Vehicle Procurement Program has assisted
transit agencies in purchasing transit vehicles in the most economic way possible. This
procurement program is managed by the Florida Department of Transporation (FDOT)
and administered by the Center for Urban Transportation Research (CUTR). For Fiscal
Year 2007, FDOT approved the purchase of a fleet of Chevrolet vehicles that meet State
Specifications.
FISCAL IMPACT: A budget amendment is needed to recognize the revenue of
$46,553 rural capital grant reimbursement and $17,000 insurance proceeds and that the
balance of$537 will come from local funds project 314271.
GROWTH MANAGEMENT IMPACT: Consistent with Objectives 10 and 12 of the
Transportation Element of the Growth Management Plan.
RECOMMENDATION: That the Collier County Board of Commissioners approve a
waiver of the competitive purchase process and authorize the purchase of a Florida Bus
Paratransit vehicle from the FY 07 Florida Vehicle Procurement Program and approve all
necessary budget amendments,
Prepared by: Sue Faulkner, Principal Planner, Alternative Transportation Modes
Item Number:
Item Summary:
Meeting Date:
Page lofl
Agenda Item No. 1683
June 12, 2007
Page 2 of7
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
1663
To authorize the expenditure of $64,090 fora para-transit vehicle through the Florida
Department of Transportation procurement process using a combination of $46,553 in Rural
Capital Grant reimbursement dollars. $17,000 in Insurance reimbursements, and $537 in
local dollars from Fund 427 Project 314271 ; to accept the Rural Capital Grant money and
Insurance reimbursements and approve any necessary budget amendments; and to use the
FY07 Florida Vehicle Procurement Program and waive the competitive purchase process
6/12/20079:00 DOAM
Dilte
Prepared By
Sue Faulkner
Transportation Services
Principal Planner
Altemative Transportation Modes
5/18/20075:04:04 PM
Date
Approved By
BarbaraLIlPierre
Transportation Services
MllnagementlBudgetAnalyst
Traffic Operations
5122/200710:1DAM
Dm
Approved By
Diane B. Flagg
Transportation Services
Director A TM Director
AlternativaTransportation Modes
5/22/20072:49 PM
Date
Approved By
Norm E. Feder. AICP
Transportationservicas
TransportationOi\!isionAdministrator
Transporta.tionServicesAdmin
5f23/200710:03AM
Data
Approved By
MarleneJ. Foord
Administrative Services
Gr"ntsCoordinator
Administrative Services Admin.
5123/200711:1JAM
Dale
Approved By
Sharon Newman
Transportation Services
Accounting Supervisor
Transportation Services Admin
5/23/20076:28 PM
Date
Approved By
Pat Lehnhard
Transportation Services
Executive Secretary
Transportation Services Admin
S1241200710:53AM
Date
Approved By
OMB Coordinator
County Manager's Office
OMBCoordina.tor
Office of Management & Budget
5/25120074:07 PM
D"te
Approved By
Markisackson
County Manage(s Office
Budget Analyst
Office of Management & Budget
6/4/20076:00PM
DM'
Approved By
James V. Mudd
BoardofCouflty
Commissioners
CountyMllnllger
CoufltyManager's Office
6I412007654PM
-Fil...//r'\Ao..nrl<lT..",tlF<vnnrtIRd... l'Jn..o/"'J01'J O/n'JO'JOO7l1 h o/"'JorrYI\NP}"IT'O/n")O I::. r;p}..1T'l I::. \ 1':;;l1
,:;;/,:;;nf'\f'\7
,47if-J. Lrz.
CO//ler Co.
Agenda Item No. 1663
June 12, 2007
Page 3 of 7
Florida Department of Transportation
Public Transit Office
Order Packet
EXHIBIT B
ORDER FORM
FVPP-03-SC-1
- 9-
July 2003
.
Agenda Item No, 16B3
June 12, 2007
Page 4 of 7
Florida Department 01 Transportation
Public Transit Office
Order Packet
ORDER FORM
FVPP-03-SC-1 (Small Cutaway Type Vehicles)
Florida Bus Unlimited.
AGENCY NAME: (t./I,e.,r to
CONTACT PERSON:
DATE:
P.O.:
7
Apr 200
Item Unit Cost Quantity Total Cost
Base vehicle: Chevrolet 3500 $47,956.00 I 479.5-6
Engine (Gasoline) size: 6.0L V-8 Make: Chew Standard
Manufacturer: Chevrolet
Engine (Diesel) size: 66L Make: Duramax $7,664,00 I 7b0'1
I Manufacturer: Chevrolet
Alternator - Penntex PX420G $92000 I 920
Chevrolet OEM Alternator Standard
Stainless Steel wheel inserts $250,00
Spare TireNVheel $250.00
Seat Belt Extensions $20,00
Driver Seat A $450,00
Driver Seat B $400,00
Altro Flooring $505.00
Public Address System $250.00
I AMIFM Radio $195.00 I /'15
TOTAL PAGE 1
I i 56 73~
FVPP-03-SC-1
- 10 -
Jul2003
Agenda Item No, 1683
June 12, 2007
Page 5 of 7
Florida Department of Transportation
Public Transit Office
Order Packet
ORDER FORM (cont)
Item Unit Cost Quantity Total Cost
Help bumper rear Standard I 0
Side Wheel Chair Lift (Braun NN 917) $3,275,00 / " 27 "'"
:) :::>
Side Wheel Chair Lift (Rican S - 5010) $3,325.00
Side Wheel Chair Lift (Maxon WL - 733L) $3,59800 I
Rear Wheel Chair Lift (Rican KV 5010) $3,325.00
Rear Wheel Chair Lift (Braun NN 917) $3,275.00
Sure-Lok Restraint System (per position) $40000
Q - Straint Restraint System (per position) $400.00 2 'C'O{)
Sure-Lok SoLo Restraint System (per position) $58000
Q - Straint Slide Lock Restraint System (per position) $414.00
I
I Standard seat (per person) $170.00 q. {",Bo
I Flip-type seat (per person) $250.00
:
i Fold away seat (per person) $30000 b /80(,>
i Child seat (per person) $220.00 I~
, 711"d sk"js I 200 ,
Paint scheme 1 Cjl'tIV $200.00 /
Paint scheme 2 $20000
Paint scheme 3 $200.00
) t/ /etteo'FI I I i,QO
6ree"1 _,?f('ipc
,
TOTAL (Total Page 2) 735-5
-------------~
I 51;735
i
I TOTAL (Total Page 1) -------------
GRAND TOTAL (Total Page 1 and Total Page 2) 0c.j () 10
----.{---------
FVPP-03-SC-1
- 11
Jul2003
r
I'
Agenda Item No, 1683
June 12, 2007
Page 6 of 7
Florida Department of Transportation
Public Transit Office
Order Packet
CHOICES FORM
SEATING AND FLOORING CHOICES
Seating Colors:
(circle one)
c8>
B
#1
blue
tan
Flooring Colors:
(circle one)
blue
tan
black
Paint Scheme:
/, i' t
Gfdy<;{C!l 5
Agencies will select two (2) colors for the background and stripe when orders
are placed, If an agency requires a paint and lettering scheme that is NOT
GENERALLY covered by one of those listed, they may make separate
arrangements with Florida Bus Unlimited to provide these
services, Base price reflects white base coat.
(circle one)
#2
#3
WHEELCHAIR LIFT CHOICES
REAR:
(Br~u~
Ricon
Maxon
Ricon
Wheel Chair Lift:
(circle one)
SIDE:
Braun
SECUREMENT DEVICE CHOICES
WIC securement (circle one)
STANDARD: sure-LOk~)
LOW-PROFILE: Sure-Lok Q'Straint
Planned Usage
PLANNED SERVICE REQUIREMENT .__,
(circle one) Fixed Route /~:~:ndResp:~
Radio works with
TWO-WA Y RADIO WIRING SETUP
(circle one) Ignit;:n~
Ignition On or Off
FVPP-03-SC-1
-12.
July 2003
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Agenda Item No. 1684
June 12, 2007
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation to approve the pnrchase of three (3) para-transit vehicles through
the 5310 grant that only require a 10% match through the County.
OBJECTIVE: To approve the use of local money from Fund 427, Project 314271 for a
10% local match in the amount of $26,185.70 for the purchase of three para-transit
vehicles.
CONSIDERATION: Collier County has been awarded a Federal Transit Administration
(FT A) FY2007-2008 5310 grant to purchase three para-transit vehicles that require a 10%
County match. Prior BCC approval was received on January 9, 2007 to accept the FT A
FY2007 -2008 5310 grant to purchase vehicles, if awarded. The County is only required
to write a purchase order equaling 10% of the total cost of the vehicles. The remaining
costs for the three vehicles (equaling 90% - 80% Federal and 10% State) are covered by
purchase orders written by FDOT using the awarded FT A FY2007-2008 5310 grant
money.
The Para-transit system maintains a capital replacement schedule for vehicles. The
purchase of these vehicles will replace para-transit vehicles that have approximately
250,000 miles and were recommended for replacement by Fleet Management. The three
paratransit vehicles will be purchased through the Florida Department of Transportation
(FDOT) Vehicle Procurement Program using a combination of FY07 FT A 53] 0 grant
money and the ] 0% local matching money.
Each year for the past nine years, the Florida Vehicle Procurement Program has assisted
transit agencies in purchasing transit vehicles in the most economic way possible. This
procurement program is managed by the FDOT and administered by the Center for Urban
Transportation Research (CUTR).
FISCAL IMPACT: The County match in the amount of $26,185.70 will be expended
from Fund 427, Project 3 ]4271.
GROWTH MANAGEMENT IMPACT: Consistent with Objectives 10 and 12 of the
Transportation Element of the Growth Management Plan.
RECOMMENDATION: That the Collier County Board of Commissioners authorize
the use oflocal money from Fund 427, Project 31427] in the amount of $26, 185.70 for
the purchase of three para-transit vehicles from the FY 07 Florida Vehicle Procurement
Program.
Prepared by: Sue Faulkner, Principal Planner, Alternative Transportation Modes
Attachment: FDOT Letter
Item Number.
Item Summary;
Meeting Oate;
Page lofl
Agenda Item No, 1684
June 12, 2007
Page 2 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
1684
Rewmmenctation to approve Ihe pUfchase of three (3) para-lransitv ehicles lhrough the 5310
grant that only require a 10% matclllhrough IheCounty ($26,185_70)
6/12f20079 00:00AM
Prepared By
D~,
Sue Faulkner
Transportationservicell
Principal Planner
Alternative Transportation Modes
5/18/20076;53:12 PM
D~,
Approved By
Diane S. Flagg
Transportation Services
DirectorATM Director
AltemativeTransportatlon Modes
5/22/20073;38 PM
Date
Approved By
MarleneJ.Foord
Administrative Services
Grants Coordinator
Administrative Services Admin.
5/22/20074:33 PM
Date
Approved By
Nonn E. Feder, AICP
Transport..tionServi~es
Transportation Division Administrator
Transportation Services Admin,
5/23/200710:0E>AM
Date
Approved By
Sharon Newman
Transportation Sarvices
Accounting Supervisor
TransporlationServicesAdmin
5123/20076:22 PM
Date
Approved By
Barbara LaPierre
Transportation servi~e$
Management/Budget Analyst
Tratfic Operations
5/24/20078:38AM
Dale
Approved By
Pst Lehnhard
Transportation Services
Executive Secretary
TransporlationServicesAdmin
5/24/20071:34PM
Dale
Approved By
OMS Coordinator
County Managers Office
OMS Coordinator
Office of Management & Budget
5/25120074:08 PM
Date
Approved By
Mark Isackson
County ManagersOmce
Budget Analyst
Office of Management & Budget
6/4120076:07 PM
Date
Approved By
JamesV. Mudd
Board of County
Commissioner!!l
County Manager
County Manager's Office
614/20077:t8PM
filf':.jj("\A9'f>nrhTf><lt\Fvnnrl\R4- 11111..0.;.,"(11., o;,..,rO{)(l7\ 1 f" OI...,nento.,T<;:l=n\ITO/h.,n A nl=<l<..m A \ 1 hP:
hfhnflfl'7
Agenda Item No. 16B4
June 12, 2007
Page 3 of 5
CHAR(,fE CRIST
GOVERNOR
Florida Department of Transportation
STEPHANIE c. KOPELOUSOS
SECRETARY
May 4, 2007
Ms, Diane Flagg, Director
Alternative Modes Department
Collier County Transportation Services Division
2885 South Horseshoe Drive
Naples, Florida 34 t 04
RE: NOTICE OF GRANT AWARD DETERMINATION: FY 2007/2008 FEDERAL
TRANSIT ADMINISTRATION SECTION 5310 PROGRAM
Dear Ms, Flagg:
Congratulations! The Florida Department of Transportation, District One has selected Collier County as
a Fiscal Year 2007/2008 grant award recipient under the Federal Transit Administration Section 5310,
"Elderly and Persons with Disabilities Program." This award is based on your agency's application dated
January 12, 2007, The Department is funding fully Collier County Transportation Services Division
Alternative Modes Department's request.
The Department's grant application review committee encountered a challenging task ranking
applications and selecting grant award recipients this cycle due to limited funding and meritorious
applications. Department staff and the community representative who served on the grant application
evaluation committee followed grant award criteria and were constrained by limited funding, District
One, comprised of twelve Counties, received thirteen (13) funding applications in this grant cycle for
$2,808,478 in total requests, an increase of 20% more funding requested when compared to last year. Of
the total amount agencies requested, the total of the combined State and Federal shares is $2,527,630,
The Department is able to meet $1,687,530 in total funding requests, of which the total of State and
Federal shares available is $1,518,777, We are unable to meet $1,120,948 (at 100% value) in applicants'
needs,
This letter contains important steps that your agency should be aware of:
I. The Notice of Grant Award is enclosed, It contains the capital equipment description and specific
amount awarded to your agency, pending Federal approval of the State's Program of Projects,
An authorized local grantee signatory must expcditiously sign and return to me the Acceptance of
Grant Award in order for the grant award process to be completed.
2. Your agency's project must be listed in the Metropolitan Planning Organization's (MPO)
Transportation Improvement Program (TIP) if your agency is in an urbanized county. Please be
sure to coordinate with your local MPO representative on this requirement.
District One, lntennodal Systems Development Office
801 North Broadway Avenue * Post Office Box 1249" Bartow, FL 33831-1249
(863)519-2656* (863)534-7172 (Fax) 4" MS 1-36
,
Agenda Item No, 16B4
June 12, 2007
Page 4 Df 5
Ms. Diane Flagg
May 4, 2007
Page 2
Florida Vehicle Procurement Program (FVPP) staff advised us about a price increase this year for base
vehicle and diesel engine option prices, and new Environmental Protection Agency (EP A) diesel engine
emissions standards, We have increased the amount of the grant award for Collier County to cover the
increase in costs.
Weare in the process of organizing a special technical assistance workshop to be held in May 2007 for
agencies that operate small buses. FVPP staff will be present to discuss diesel engine price increases, the
updated emissions standards at the Federal level, and implications for fleet management such as potential
added preventive maintenance requirements and use of anticipated new low-sulfur diesel fuel.
Should you have any questions, please feel free to contact Ms, Julia B, Davis, AICP, the Department's
project coordinator for transit matters in Collier County, at 239-461-4300,
Sincerely,
-r~ 13 ' I><-~
Terry Beacham
District Modal Development Administrator
TWB/RPS/JBD/sbs
Enclosure
cc: Norman Feder, AICP, Collier County Transportation Services
Sue Faulkner, Collier County Alternative Transportation Modes
Kay Luango, Collier County Metropolitan Planning Organization
Brandy Otero, Collier County Metropolitan Planning Organization
Hank Cusack, Center for Urban Transportation Research, Florida Vehicle Procurement Program
Cindy Wooten, Center for Urban Transportation Research, Florida Vehicle Procurement Program
Richard P. Shine, Florida Department of Transportation, District One
Julia B, Davis, AICP, Florida Department of Transportation, District One
Agenda Item No. 16B4
June 12, 2007
Page 5 of 5
FLORIDA DEPARTMENT OF TRANSPORTATION
NOTICE OF FTA SECTION 5310 GRANT AWARD IFL-16-0032
Based on the Application for Federal Assistance under U,S,c. Section 5310 dated January 12, 2007, on
file at the Florida Department of Transportation, District One, p, O. Box 1249, Bartow, Florida 33831-
1249 offices, the Department hereby makes the following grant award under the Section 5310 Program to:
Collier County Transportation Services Division
2885 South Horseshoe Drive. Naples. Florida 34104
Project Description and FVPP Code
Total
Estimated
Value
Estimated
Federal
Funds
Estimated
State
Matchiug
Funds
Estimated
Local Matching
Funds Required
3-25' wide body Buses with two wheelchair
securement locations and the number of
seats for ambulatory persons to be
determined
FVPP-05-CA-4
$261,857,00
$209,485,60
$26,185,70
$26,185,70
Collier County staff is advised to contact the Department's vehicle procurement program contractor, the
Center for Urban Transportation Research, Florida Vehicle Procurement Program at 813-974-9771 or
wooten(aJ,cutr.usf.edu to arrange the purchase.
FLORIDA DEPARTMENT OF TRANSPORTATION
Date:
A ward Approved by:
(Signature)
Typed Name and Title: Terrv Beacham. District Modal Development
Administrator
ACCEPTANCE OF GRANT AWARD
(To be completed and sil,'lled by the recipient and returned to the FDOT District Office)
The undersigned Recipient hereby accepts the above described grant award. The Recipient agrees to
comply with the stipulations and requirements contained in the assurances to FT A and FDOT as stated in
Exhibits F, G, and H of its application, The Recipient also agrees to use and maintain the grant awarded
equipment in accordance with the federal and state program requirements, and for the services described,
in its approved application, The Recipient agrees to submit the local matching funds as approved, and
requests that the awarded equipment be delivered by
RECIPIENT:
Date:
Accepted by:
(Signature)
Typed Name and Title:
.
Agenda Item No. 1685
June 12, 2007
Page 1 of 8
EXECUTIVE SUMMARY
Recommendation to approve a change order in the amount of $122,010.00 to CH2M Hill,
Inc. amending contract #05-3774 Gordon River Water Quality Park (project No. 510185)
Engineering Design contract.
OBJECTIVE: To add services to existing contract #05-3774 by change order to assist the
Transportation Services Division, Stormwater Management Department in the design of the
Gordon River Water Quality Park.
CONSIDERATIONS: The Gordon River Water Quality Park Engineering Design project
includes the preparation of construction plans and permitting for the construction of a 50-acre
water quality park to be located east of Goodlette-Frank Road and north of Golden Gate Parkway
within the City of Naples. The project includes water quality improvement and flood protection
within the Gordon River Watershed. This project will also create an aesthetically pleasing
passive educationaVrecreation park facility, which not only minimizes environmental impacts,
but helps create a natural habitat where flora and fauna can flourish.
Additional design services include a supplemental water supply system from the Gordon River, a
standard Gopher Tortoise relocation permit and Indigo Snake Management and Restoration Plan
and project management and coordination. Under the original scope of services, these items
were to be developed under a separate amendment to the contract.
FISCAL IMPACT: Funding in the amount of $122,010.00 is available in Fund 325 Gordon
River Water Quality Park Project (Project No. 51(185). The source of funding is ad valorem
taxes.
GROWTH MANAGEMENT IMPACT: This request is in accordance with the goals and
objectives of the Drainage Sub-element of the Growth Management Plan.
RECOMMENDATION: That the Board approve a change order for the "Gordon River Water
Quality Park-Design" in the amount of $ I 22,O]().OO with CH2M-Hill, Inc,
Prepared By: Margaret A. Bishop, Senior Project Manager, Transportation Services Division,
Stormwater Management Department
Item Number:
Item Summary:
Meetlng Date:
Page 10f1
Agenda Jtern No. 1685
June 12, 2007
Page 2 of 8
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
1685
Recommendation to approve a change order in the amount of $122.010.00 10 CH2M Hill, Inc
amending conlract#05-3774 Gordon River Water Quality Park (project No 510185)
Engineering Design contract
6112f20079:00.00AM
Date
Approved By
MargaretA. Bishop
TranaportationServlces
Project Manager
Stormwater Management
6/51200711:55 AM
D.,.
Approved By
Eugene Calvert
Transportations Services
PrinciplIl Project Manager
Transportation Engineering and
Construction Management
6f5/200712:00 PM
Date
Approved By
CaroHneSoto
Transportation Services
AdministraliveAssistant
Transportlltion Engineering and
Construction
6151200712:03PM
Date
Approved By
NajehAhmad
Transportation$(,rvices
Director
Transportation Engineering &
Construction Management
615f20072:36PM
Date
ApprO\led By
Sharon Newman
TransportationServicll$
Accounting Supervisor
Transportation Services Admin
6/5/20073:30PM
Date
Approved By
Rhonda Rembert
AdministrativeSenliees
ContractSpeeiatist
Purchasing
615120073:37 PM
Date
Approved By
Steve Garnell
Administrative Services
Purchasing/General Svc$Director
Purchasing
615/20073:43 PM
Date
Approved By
JamesV. Mudd
Board of County
Commissioners
County Manager
County Mllnager'sOffice
6/5120075:53 PM
JO;l..../I('.1 ^..,....rl"T..".II:~~,..,.....rt\QA 1........01_"')(\1"') 01.."')(\"')(\(\'7\ 1"- OI.."')flrrl-""H;'C-""fT'O/""')flAl:c-,..,rnAll,<;U
f.1(;,l"'lflWT
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No, 1685
June 12, 2007
Page 3 of 8
PROJECT NAME: Gordon River Water Qualitv Park - Enqineerinq Desiqn
PROJECT #: 510185
BID/RFP #: 05-3774 MOD #: 7 PO#:4500046366 WORK ORDER #:N/A
DEPARTMENT: Stormwater Manaqement
Original Contract Amonnt:
$ 599.850.00
(Starting Point)
Current BCC Approved Amount:
$1.154.607.00
(Last Total Amount Approved by the BCe)
Current Contract Amount:
$1.269,672.00
(Including All Changes Pnor To This Modification)
Change Amount:
$122.010.00
Revised ContractlWork Order Amouut:
$1.391.682.00
(Including This Change Order)
Cumulative Dollar Value of Changes to this Contract/Work Order: $791.832.00
Date of Last BCC Approval 1/10106 Agenda Item # 16B2
Percentage of the change overlunder current contract amount 20.53 %
Formula: (Current Amount I Last BCC approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCe on
Purchasing report, For specific information regarding work order thresholds, please refer to the Contract
Administration Procedures, Section III.CA.
CURRENT COMPLETION DATE (S):ORIGINAL: 7/2/07
CURRENT: 1012/07
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. The purpose of this change order is to
add $122,010,00 as additional services stated in the original scope of services approved at the BCC May 24,2005
meeting to include a supplemental water supply system, Goodlette.Frank Bypass Road drainage improvements, a
standard Gopher Tortoise relocation permit, Indigo snake management and restoration plan specified by SFWMD
and project management and coordination,
JUSTIFICATION FOR CHANGE (5): What value or benefit do these changes provide to the project?
Complete the request for additional information from the SFWMD,
PARTIES CONTACTED REGARDING THE CHANGE: Stormwater Manaqement Director. CH2M Hill Inc.
Purchasinq Contract Specialist
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A)
l Proposed change is consistent with the scope of the existing agreement
l Proposed change is in fact an addition or deletion to the existing scope
l Change is being implemented in a manner consistent with the existing agreement
l The appropriate parties have been consulted regarding the change
l Proposed prices, fees and costs set forth in the change are reasonable
PROJECT MANAGER RECOMMENDATION: This form is to be signed and dated.
,
~;'.f:J '
,A,w..J",,0
j
and
APPROVE BY:
Pr
REVIEWED BY:
e n r
Date:
~ -S-- c' 7
Date:
t;r 5.tf/'7
Revised 4/25/2005
.
CHANGE ORDER
Agenda Item No. 1685
June 12, 2007
Page 4 of 8
CHANGE ORDER NO,
7
CONTRACT NO, 05-3774
BCC Date: 5/24/05
Agenda Item: 16B7
TO: Mr. Thomas A Spriqqs, Ph,D
CH2M Hill, Inc.
4350 West Cypress Street, Suite 600
Tampa, FL 33607
DATE: Mav 22,2007
PROJECT NAME:
Gordon River Water Quality Park - Enqineerinq Desiqn
PROJECT NO.:
510185
Under our AGREEMENT dated November 17, 2006
You hereby are authorized and directed to make the following changers) in accordance with
terms and conditions of the Agreement: The purpose of this change order is to add $122,010.00 to be
considered additional services stated in the original scope of services approved at the BCC May 24,
2005 meeting to include, a supplemental water supply system, Goodlette-Frank Bypass Road
drainage improvements, a standard Gopher Tortoise relocation permit, Indigo snake management
and restoration plan and project management and coordination,
FOR THE (Additive) Sum of: one hundred twenty two and ten dollars ($122,010,00)
Original Agreement Amount
$599,850,00
$669.822,00
Sum of Previous Changes
This Change Order (Add)
$122,010.00
Present Agreement Amount
$1,391,ep.oo
The time for completion shall be increased by~ calendar days due to this Change Order.
Accordingly, the Contract Time is now (846) calendar days, The substantial completion date is
September 2, 2007 and the final completion date is October 2, 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: .J lM') e.
CONTRACTOR:
CH2M Hill, Inc,
\
,2007
OWNER:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
'\ l'
By: /IJ~L~'~ ( ~ .
Margaret A, BiMhop, P.E., Sr. Projec Manager
By: .~ dLr-
Eu ne C. Calvert, P.E" Director
By:
-
By:
Norman Feder, AICP, Administrator
Agenda Item No, 1685
June 12, 2007
Page 5 of 8
SCHEDULE A
05-3774 Gordon River Water Quality Park - Engineering Design
Supplemental Agreement No, 6 - Scope of Services
Transportation - Engineering Design Additional Services
Task E Alternatives and System Proposal
Task E4: Engineering Design
Supplemental Water Supply System
In response to comments from the South Florida Water Management District
(SFWl'\'ID) regarding securing a supplemental water source for dry season hydration
of the wetland system, CH2M HILL shall modify specific portions of the design,
drawings and specifications, and secure additional services to collect pertinent data
for later use in the project drawings to respond to their request. Additional scope
items shall include the following:
. Provide a signed and scaled bathymetric survey of the Gordon River on 25 ft
transects encompassing approximately 1,000 lineal feet of the river (800 ft
north and 200 It south of Golden Gate Parkway) adjacent to cast property line
. Acquire Gordon River, or an equivalent \-",Iter system, fIo,.\' data from
SFWMD or Collier County sources. Model the river flow to estimate the
maximum allowable withdrawal rate to provide adequate flow to the
constructed vvetlands to hydrate and maintain miniInum gro\vth in the
wetland system during the dry season
. Prepare design draVl'ings sho\vi.ng at a minnnum: bathymetric survey, pump
and piping details, power 5111'ply and requirements, control system design,
site/ civil piping plan, and update the project estimate
. Provide coordination with Collier County and SFWlv!D regarding the
supplement water supply improvements, Assumes one (1) phone meeting
with SFVVMD by the Project Manager, Design !\1anager, and Professional
Engineer will be required to coordinate permit and dravling review \vith
both agencies to gain their concurrence regarding the revised dra'iA.rings and
modeling results prior to permit modification submittal.
Subtask Lump Sum Fee:
$ 66,450
Cri2M HILL COST _ADJUSTMENT_NO 6_SCHED'JlE_A_ REv~ DOC
PAGE i OF 3
.
Agenda Item No. 1685
June 12, 2007
Page 6 of 8
Standard Gopher Tortoise Relocation Pennit Application and the Indigo Snake
Management and Restoration Plan
. Provide permitting services (prepare and submit permit) for relocating up to
10 Gopher Tortoises (GTs) onsite. The Standard GT Relocation Permit is
required for relocating over 5 GTs either on or offsite.
. Provide drawings and maps as required for The Standard GT Relocation
Permit, including:
. Site Plan with GT existing burrow locations and GT survey transects
. Site Plan showing proposed 25-foot radius protection zones around
burrows that will NOT be disturbed during construction, temporary
holding pen(s) location (if required), excluder fencing locations, and final
relocation area(s)
. Vegetation (FLUCCS) and soils map
. Location/Vicinity map
. Develop request for proposal (RFP) from sub-consultant(s) specializing in GT
relocation. RFP v\Till require a letter indicating required services, drawings
and figures indicating proposed 25-foot radius protection zones around
burrows that will NOT be disturbed during construction, temporary holding
pen location(s), if required, excluder fencing locations, location map, and
final relocation area(s).
. Provide "Standard Protection Measures for the Eastern 1ndigo Snake"
guidelines. Additionally, an eastern indigo snake protection/ education plan
will be developed for all construction personnel to follow, This change
follows a recent sighting of the snake during a wildlife survey as requested
by the SFWMD. Since the indigo snake was not observed during previous
survey events, it had been assulned to not be surviving onsite based on the
low number of burrows previously observed.
. Provide coordination with Collier County and the Florida Fish and Wildlife
Conservation Commission (FFWCC) regarding relocation of 10 GTs onsite.
Assumes one (1) site visit will be required by CH2M HILL to accompany one
or both of these agencies for their concurrence regarding the newly located
GT burrows and relocation plan. Permitting servic(~s shall be limited to the
newly designed and undisturbed areas of this project site only and not areas
previously designed, disturbed, or constructed on by others,
. Provide coordination with Collier County and the USFW5/U5ACE regarding
eastern indigo snake observed onsite. Assumes one (1) combined site visit
will be required by CH2M HILL to accompany one or both of these agencies
for their concurrence.
Subtask Lump Sum Fee:
Lump Sum Fee - Task E:
$ 36,350
$ 102,800
CH2M HILL COST _ADJUSTMENT_NO 6_SCHEDUlE_A_REV4.DOC
PAGE 2 OF 3
Agenda Item No, 1685
June 12, 2007
Page 7 of 8
Task F Proiect Management and Coordination
. Project management and design coordination for additional services within
CH2M HILL
. Project Manager will meet once with the County Project Manager, in the
Collier County Transportation office, to review design progress, schedule,
and drawing updates. This task assumes up to three (3) monthly phone
meetings will be held,
Lump Sum Fee - Task F:
$ 19,210
Total for Tasks E & F:
$ 122,010
CH2M HILL COST _AOJUSTM~NT _NO 6_SCHEDULCA_REV4.DOC
PAGE30F 3
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Agenda Item No, 1685
June 12, 2007
Page 8 of 8
Agenda Item No, 16C1
June 12, 2007
Page 1 of 16
Executive Summarv
Recommendation to approve a Change Order in the amount of $217,000 for the
electrical work at Pelican Bay Wastewater Decommissioning plant and the
associated Budget Amendment, Project 72501.
OBJECTIVE: To obtain Board approval for a change order in the amount of $217,000
for electrical work at Pelican Bay Wastewater Decommissioning plant. This public
purpose is to improve the level of service of the County irrigation quality water system
by converting the existing Oxidation ditch to a Ground Storage tanle
CONSIDERATIONS: This Project is consistent with the 2006 Wastewater Master Plan
Update adopted by the Board of Collier County Commissioners on June 6, 2006, under
Item 10(B). This project as referred in the Master Plan under section 8, page 5 of 5, Line
121. The project will help provide additional storage for irrigation quality water during
the off season,
In accordance with the procurement policy of Collier County, under Contract # 00-3119,
Professional Utilities Engineering Services, dated April 10, 200 I, staff approved a work
order to Hazen and Sawyer, to provide engineering services related to the design, and
permitting services for the Pelican Bay Decommissioning Phase I and II of the project,
Phase I of the project was to disinfect the existing concrete tanks, filters, disconnect the
pipes, and other related clean up of the facility. This project was completed in July 2005.
Phase II is the final project phase,
Phase II general construction was approved by the Board on February 27, 2007, under
item] OH to Mitchell and Stark Company for $997,252,00, In order to avail the grant
award of $224,000 from South Florida Water Management District (SFWMD) and since
the electrical plans were not yet complete, staff recommended separating the bid for
general civil construction and electrical construction. This action accelerated the general
construction schedule for phase II of this project. Currently the general civil construction
is on schedule and on budget. By adding this work, the contract would have to be
extended 120 days. This will not impact availing the SFWMD funds,
In March 2007, staffrequested cost proposals from five of the electrical contractors under
Contract 07-4083- Electrical repairs on call and new install. However, none of the listed
electrical contractors submitted a responsive, responsible proposal. Subsequently, staff
requested Mitchell and Stark to submit a proposal and they submitted the lowest,
qualified and responsive proposal for this work. The proposal amounts we received
from the contractors are as follows:
~
ComDanv Total
Mitchell & Stark $217,000
Harts Electrical Inc No quote
Mizpah Electrical Inc No quote
Executive Summary
Approve change order
Pelican Bay Wastewater Plant Decommissioning Phase II
Page 2
Agenda Item No. 16C1
June 12, 2007
Page 2 of 16
American Electric of Miami $225,000 with the exception of
Instrumentation and programming work as
specified in the plans.
Southwest Electric Inc No quote
EB Simmonds No quote
Mitchell & Stark Original Work Order amount....,.. $997, 252,00
Change Order No. 1..................... $217.000.00
Total Work Order amount.... .......... $1.214252,00
The Engineer's estimate for this work is $247,000,00. The design professional's
recommendation letter dated May 18, 2007, is attached. Given that none of the firms
under the annual electrical repair and new install contract were able to provide a
responsive price quote and given that Mitchell and Stark is already mobilized on site
performing work on this project, staff requested and received a proposal from that
contractor to perform additional work as a change order to previously-approved work
order. This change order results in a cost savings due to no additional
mobilization/demobilization costs of a new contractor. It would also preclude
coordination issues between two contractors. Also, since we did not get a good response
from the listed electrical contractors under Contract 07-4083, it is not certain that if this
electrical work is procured through open competitive bid, we will get a better bid
considering the fact that Engineer's estimate is higher than the bid we received from
Mitchell and Stark. However, it is certain that the project will be further delayed, if
procured through open competitive bid. Purchasing Department has approved of this
acquisition strategy.
FISCAL IMPACT: The total amount of funds required for this obligation is $217,000,
A budget amendment in the amount of $2] 7,000 is necessary to fund this project. Funds
in the amount of $217,000 are available in project 73970 for this budget amendment.
The source of funds is Sewer User Fees Fund 414. This Project is consistent with the
FY07 Capital Budget approved by the Board on September 21, 2006.
GROWTH MANAGEMENT IMPACT: This project meets current Growth
Management Plan standards to ensure the viability of public facilities.
RECOMMENDATIONS: That the Board of County Commissioners, as Ex-officio the
Governing Board of the Collier County Water-Sewer District approve and authorize the
County Manager or his designee to execute the change order and associated budget
amendment in the amount of$217,OOO,
Prepared By: Shanthi Sridhar, Project Manager, PUED.
Item Number:
Item Summary:
Meeting Date:
Page 1 of I
Agenda Item No. 16C1
June 12, 2007
Page 3 of 16
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16C1
Recommendation to approve a Change Order In the amount of $217,000 lor the electrical
work al Pelican Bay Wastewater Decommissioning plant and the associated Budget
Amendment, Project 72501
6/12/20079:00 00 AM
Project Manllger
DM'
Prepared By
ShanthlSridhar
PubllcUtllltie$
Approved By
William D. Mullin, PE
Public Utilities
Approved By
ThomasWides
PuolicUtilities
Approved By
G. GeorgeYilmaz
PubliC Utilities
Approved By
Roy S. Anderson, P,E.
PublicUtillties
Public Utilities Engineering
5/211200710:54:06AM
Pr;ncipal Project Manager
Date
Public Utilities Engineering
5/23/200710:32AM
Operations Director
Date
Public Utilities Operations
5/23120071:03 PM
WasteWater Director
Date
WasteWater
5/23/20071:15PM
Public Utilities Engineering Director
DM.
Public Utilities Enginooring
5/24/20078:07 AM
Approved By
Contract Specialist
Date
Dianna Perryman
AdministrativsServices
Purchasing
5/24/20078:35AM
SteveCamell
Dale
Approved By
AdministrativsServices
Purchasing/General SvcsOirector
Purchasing
5/25120072:15 PM
Approved By
JamesW. DeLony
Public Utilities
Public Utilities Administrator
Date
Public Utilities Administration
5125120072:38 PM
OMS Coordinator
Date
Approved By
OMBCoordinator
County Manager's Office
Office of Management & Budget
5125!20073:55PM
Susan Usher
Date
Approved By
County Manager's Office
Senior Management/Budget Analyst
Office of Management & Budget
6/5/20075:18 PM
Approved By
Jll.mesV. Mudd
Board of County
Commissioners
County Manager
D,,.
County Manager's Office
6/5IZ0075:39PM
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Agenda Item No, 16C1
June 12, 2007
Page 5 of 16
CHANGE ORDER
TO: Mitchell and Stark Constroction Co. FROM: Collier County Government
6001 Shirley Street 3301 East Tamiami Trail, PUED B\d;~ H.
Naples, FL 34109 Naples, Florida 34112
Project Name: Pelican BayWasrewater Decommissioning Project
Construction Agreement Dated: W.O, No.: UC-280
Change Order No.: I Date: 03/14/07
Change Order Description: To add electrical work to the contract.
Original agreement amount .............................................................. $997,252.00
Sum of previous change orders amount ........................................... $ 0.00
This Change Order Amount [add] .................................................... $217,000.00
Revised Agreement Amount........,.............................,....................... $1,214.252.00
Original contract time in calendar days................................................ 125 days
Adjusted nwnber of calendar days due to previous change orders ..... 0
This change order adjusted time is ...................................................... ] 20 days
Revised Contract Time ill calendar days .............................................245 days
Original Notice to Proceed date ......................................................,.. April 2, 2007
Completion date based on original contract time................................ August 6, 2007
Revised complelioll date..,................................................................., ,December 4, 200i
Your acceptance of this change order shall constitute a modification to our Agreement and
will be perfonned subject to all the same terms and conditions as contained in our Agre':ment
indicated above, as fully as if the same were repeated in this acceptance. The adjust11l'mt, if
any, to this Agreement shall constitute a full and final settlement of any and all claim~ of the
Contractor arising out of, or related to, the change set forth herein, including clai ms for
impact and delay costs.
Recommended by:
4wr ~~
Shlnthi Sridhar Project Manager
Public Utilities Engineering Department
Date:
5/1 ~l t.~7
Accepted by:
Date: ,!? I, g! O,~
Reviewed by:
CA ~ "H.JV"
Ku Pfeffer, Project Manager
Hazen and Sawyer Inc.,
Date: sf/ t I...!.~ '7
Reviewed by:
Lu ~ ~~ Date:
William D. Mullin, P.E Principal Project Manager
Public Utilities Engineering Department
<f.,.(L~7
Mitchell and Stark Construction Co.
Page 1 of2
Change O,der No.1
Agenda Item No. 16C1
June 12, 2007
Page 6 of 16
Pelican Bay Decommissioning
Change Order No, t
Page 2
Reviewed by:
~-
Ro Anderson P,E, Director of PUED
Public Utilities Engineering Department
Date: o/2.-~a:,
Reviewed bY;::-
-= .-~ ~ ~ate: ;Ay?-
George Yilmaz, Ph,D, P.E, Director of Wastewatcr Oepartment
Public Utilities Division
~Q~
Tom Wides Director of Operations
Public Utilities Engineering Department
Date:
sk~}
, /'..
Reviewed by:
Reviewed by:
Date:
Jim DeLony, P.E Administrator PUED
Public Utilities Division
r
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FOAM
Agenda Item No, 16C1
June 12, 2007
Page 7 of 16
....ROJECT NAME: Pelican Bay Wast~ater Plant Decommissioning PROJECi #:
72501
BID/RFP #: _ MOD it: 1
DePARTMENT: PUED
PO#: 4500077787 WORK ORDER #:
UC-280
CONTRACTOR/FIRM NAME: Mitchell 8, Stark Construction Co. Inc
Original Contract Amonnt:
$ 997.252.00
(St~rting Poirll)
Cll't't"t:nl Bee Approved Amount:
$ 997.252,00
(tMI Total Art'lount AP1'"w~d by Il'~ BCC)
Curre.nt Contt"act Amount:
$ 997.252.00
(lncludtn[!: 1\11 Chnn~s Prior To ihi.. Modif'lc.:nlon)
Ch;tnge: Amo,ml:
$ 217.000 ,00
Revised ContractlWot"k Order ^mount:
$ 1.214.252.00
(Including Thi~ Ch:mgc Orde.r)
Cumubltiv~ DoUst Va'uc of Changes to this Colltrn~tM'ork Order: $
1.214.252.00
Date of last BCC Approval
Fob 27. 2007
Agenda Item #
10 (H)
Percentage of the change over/under current contract amount
Formula; (Revised AmOu~t I Last ace approved amount}-1
21,75
%
R~ulta and AciiOn!l.' Contr;\t:Uo; lithe ohangl'l ~8d!l 10% Qf!no current ece am::llJllL t/'I91"l Bee apPlOvtll I'l, required SQlrtll 10 or lE!'as tnM 1~
reporteClIQ Bee by In'!! 1'11rehulng deptlr\fTlML OCNA Work Orders: For :ill work ord~r$ IMl Q~C8er:l .$:;!OQ,OOO where 1M eMngo doea noll'lllCned
'0% or $10,000. the98 ct1Mgo!lererspol'l~C1 by ItIEl PurctJlI-;il"lg Oepartment 10 the ecc nCln'linl!':tratlvaly. Chnr'lClor~ to these WOtk orders that Em::O('!(!
tho~/!lIlUesllcldll reQl);rt'J prior BCC npprOV31. NON.CCNA Work Order$;; IF 1M chanpe 9~C/"rl~ 1 0%, of the currAnt ecc amount, then ece appr~1 IS
r9qLl;roCl. II In Clo.}l;l\. eonract your conlr:<lct epeclo.liSt. For more specifiO information ta(J~ltllng warl< order ~r~.110IrJ8. plaElSe rt'llllr to the Proovrl'lmem
IWmlnlStrEulon PrOCaIur8B. Sectl.-.n rV3.d.
;URRENT COMPLETION DATE (S):ORIGINAl: Auoust6,2007
CURRENT: Oocmmber 4. 2007
SUMMARY OF PROPOSED CllANGE (S): Identify the changes. To' ~et tl,e electrical work and
instrumentation work comnlctcd rOT rhe MOV to operate. This work would rake 120 cxtr~ days to comolete
inclucine: ocrmiu;n2' and !!ct the orokct constructed and closed out as jntended in the conslnlction olrmB.
JUSTIFICATION FOR CHANGE! (S): What value or benefit do these changes provide to the proJect?
The electrical work W/il.S seoarated from the ote.n~ In order to avail the SF\NMF. This accelereted the
schedule to invoice tor the oroiect bv the contractor. After the electrIcal olans were read\' it was our intention to
use the electrical contractors in the e.ooroved list bv the County. HOWelJer. none of the contractors were able to
ClIve us a resoonslble cuat€!. Mitchell end Stark were able to aive uS the lowest auote.
PARTIES CONTACTED REGARDING THE CHANGE!:
Mr. Bill Mullin. Mr, Jim D.Lonv at the PFlB
IMPLEMENTATION STEPS (Verify each before proceeding wilh change using Y, N or N/A)
-X.... Proposed c:hange is consistent with the scope 01 the existing agreement
-2L Proposed change is in fact an additIon or deletion to the existing scope
-2L Change 1$ being implemented ;n a manner consisteni with the exlsiing agreement
..2L The approprla~e parties have been consulted regarding the change
..lL Proposed prices, fees and costs set forth in the change are reasonable
PROJECT MANAGEJ![:;~NDATION: This form is to be signod and dated.
APPROVE BY; ~ Date: dZJ/07
ProjeCT: Manager
REVIEWED BY:
Contract Specialist
Data:
Che.:k JJ~, fnr?SWD
PnJ:t'l (lrl
O:ltl:: ""':Ly HI.200?
Environmental Engineers & Scientists
Agenda Item No. 16C1
June 12, 2007
Page 8 of 16
Hazen and Sawyer, P,C.
2101 NW Corporat. Boulelillrd, Suite 301
Boca Raton, FL 33431
S61 997-8070
Fax: 561997-8159
HAzEN AND SAWYER
May 21, 2007
Ms. Sandy Sridhar, Project Manager
COLLIER COUNTY
PUBLIC UTILITIES ENGINEERING DEPARTMENT
3301 Tamiami Trail East
Building H
Naples. Florida 34112
,I
Pelican Bay WWTP Decommissioning - Phase II
County Project No. 72501
Engineer's Recommendation to Award
Electrical Chance Order to Contract
Dear Ms, Sridhar:
We have reviewed the change order proposal from Mitchell & Stark Construction for electrical
and instrumentation work related to this project, The work includes installation of electrical
power and control panels. conduit and wiring, as well as controls programming for the motorized
valves and level sensors required to integrate new Ground Storage Tank NO.4 into the existing
Pelican Bay reclaimed water distribution system. Mitchell & Stark's proposed change order of
$217,000.00 is less than the Engineer's estimate of $247,000.00. As such, it is fair and
reasonable and we recommend the County approve the electrical change order to this contract.
Please call if you have any questions.
Very truly yours,
HAZEN AND SAWYER, P.Ctt",-
~4PN}A--
Kurt A. Pfeffer, P.E.
Project Manager
c: File 41010-008
O:41010.()(J8LOO2
NawYoD:. MY. Am:Of1l(, NY' Ri\JTISey, NJ.Detrolt, 1111. PhltadeJpnia, PA. iUlleigh. NC. CIlar101te, NC'Fa~ VA.-Atlanta, llfloHoEywood, Fl-BocaRakn, FL. FM Pice, FL. JackslnJiIe, 1\.. Miami, FloSnsata. FL olalT1Ja FL
,
Agenda Item No, 16G1
J 1f'l~e21 Q'i0il
Page 9 of 16
SridharSandy
From: Mike Westhafer [mwesthafer@mitchellstark.comj
Sent: Thursday, April 19, 20073;06 PM
To: SridharSandy
Cc: 'Pfeffer, Kurt A:; 'Bob Newton'
Subject: Pelican Bay Decommissioning Electrical Proposal
After review of the electrical plans and specifications we offer to perform the work described therein at 1I,e Pelican
Bay Reuse site for the lump sum of $217,000. This price includes the Division 16 electrical work and t,e Section
16850 Instrumentation and Control System work.
We do not include the building permit fee or any fees associated with the Utility Company.
Please let us know If you wouid like to include this work via change order to the existing decommissioriing
contract. Also let me know if you have any questions.
Thanks,
Michael p, Westhafer, P.E.
Mitchell 8. Stark Construction Company, Inc.
ph, (239)597-2165 axt.26
fax (239)566-7865
cell (239)450-2885
5/15/2007
Agenda Item No, 16C1
June 12, 2007
Page 10 of 16
From: Terri Hart [hanselectrical@yahoo,com]
Sent: Tuesday, March 06, 2007 8:32 PM
To: SridharSandy
Subject: Re: Pelican Bay Decommissioning
Sandy,
Thank you for sending the prints for the new MOV at the pelican bay services
site. I'm sorry I cannot bid this work at this time. Would have responded soomr,
but I did not know that I had to pass on this before you could get this out to othe.r
bidders. I am just learning the ins and outs of the county procedures. Thank
you, John Hart, Hart's Electrical, Inc.
----- Original Message ---.
From: SlidharSandy <SandySridhar@colliergov.net>
To: hartse1cctrical@yahoo,com
Sent: Monday, March 5, 2007 8:21:52 AM
Subject: RE: Pelican Bay Decommissioning
John: I had sent you the plans and specifications iast month. Pi ease send me your p,roposal ,In
or before March 9'h 2007. If I do not hear from you on or before 5:00 PM on March 9 h 2007, I ~'i11
go ahead with the second bidder in the contract. Thanks. Sandy.
From: SrldharSandy
Sent: Friday, February 2.3, 2007 1:33 PM
To: ' hartselectrical@yahoo.com '
Subject: FW: Pelican Bay Decommissioning
John: Here are the plans. Thanks. Sandy.
From: Pfeffer, Kurt A. [mailto:kpfeffer@hazenandsawyer.com]
Sent: Tuesday, February 13, 2.007 3:15 PM
To: SridharSandy
Subject: RE: Pelican Bay Decommissioning
Sandy:
Here are the electrical draWings. SpeCifications and draft permit applications just set in a
separate email. Please call if any questions, and if no questions, let me know when the
preconstruction conference is scheduled.
Thanks,
Kurt A. Pfeffer
HAZEN AND SAWYER, P.C.
Phone: 561.997.8070
Fax; 561.997-B159
kpfeffer@hazenandsawyer,com
-<;ridharSandy
From:
Sent:
To:
SubJect:
amaral@bellsouth.nat
Monday, April 30, 2007 4:06 PM
SrldharSandy
PELICAN BAY ELECTRICAL
Importance:
Attachments:
High
pelican bay valve hook up,doc
~.
~
pelican bay valve
hook up.doc ...
SANDY, heres the quote for pelican bay
1
Agenda Item No. 16C1
June 12, 2007
Page 11 of 16
-
t:hanks
Agenda Item No. 16C1
June 12, 2007
Page 12 of 16
11371 S.W. 208 ))r.
Miami, FL 33189
(305) 253-9131
Fax (305) 253-4608
Date: 4/3010'/
Contract No.:
R.P,Q. No:
Procurement:
TO: Sandy Sridhar
PROPOSAL
PROJECT: Pelican Bay Wastewater Treatment Plant
SUBJECT: Electrical Valve Hookup
Includcd in scopc:
1. Supply and install manholes and duct bank
2. Supply and install 3pole breakers
3, Supply and run cxposed conduits to existing equipment
4. Pull wire and cable for valves
5, Hook up power wire for valves and mount termination boxes
6, Permits for electrical
Exclusions from scope:
L Price does not include any instrumentation work and modifications 1:0 the pIc cabin'~lS
2. No concrete or ashphalt restorations
3. No transmitters for instmmentation
4. No programming of instruments or transmiucrs
Total $225.074,57
Chris Church
American Electric ofMiami,1nc.
.
Agenda Item No, 16C1
Jlllng4:?J. 'tif(j1
Page 13 of 16
SridharSandy
From: E. S. Simmonds Electrical, Inc, [ebSimmondselectrical@earthlink.net]
Sent: Friday, May 11,20074:12 PM
To: SridharSandy
Cc: William L. Overbeek P .E.
Subject: RE: Pelican Bay Decommissioning
Sandy,
I am very sorry that I was not able to speak to you prior to you leaving. I looked at the plans today thin (Ing that I
could whip some prices together and after reviewing it is my view tMt the project is way over my head from
wiring standpoint, and it would be unreasonable to the County and to E,8. Simmonds Inc. for me to pr,.sent a
proposal with my background. The low vollage portion of the project would be handied by EMA which could give
of a quote. It is possible that by the end of next weeK enough research could be completed to give 'lot: a number
but it would not be official until Bernie returned at the end of the month,
I feel bad for the county and for Simmonds electric because the company is very capabie of completing a project
of this magnitude and are currently doing a similar project at the Tamlami Wells it is just that I cannot !lIve you the
quote, Please give me a call Monday so we can discuss,
Thank You
Wilson
E, B. Simmonds Electrical, Inc,
4406 Exchange Ave" Suite' 05
Naples, Florida 34104-7024
V(239) 643-2770
F(239) 643-6673
!!12.~!mm9ndselectric"J@,"'j;,[l.b.!inKcn,,.!
---- Original Message __m
Frorn:~ri~barS_~Cld~
To: ebsimmonds!,lectrl<.:al@earthlinK.net
Sent: 5/2!2ooi12:4!f:oij'PM ~--,-- ,-
SUbject:
Wilson:
It was a pleasure to talk to you, Please review the plans and send us your quotes ASAP, Please Ie' me
know if you are interested in the worK or not Please call me If you have any questions.
Thanks
S'tmdy Srilhar
Project Manager
Phone:(239) 530.5345
Fax: (239) 530-6449
sandvsridhar@collieraov.ne.1
5/15/2007
SridharSandy
Agenda Item No. 16C1
J~6a iilllU7
Page 14 of 16
From: PARAGONELE@aoLcom
Sent: Tuesday, May 15, 2007 10:12 AM
To: SridharSandy
Subject: Re: Pelican Bay Decommissioning
Thank you lor the opportunity, but at this time we are not interested In bidding this work.
Thank you,
Randy Dunwody
Paragon Electric Systems Inc.
Office 239-277.0376
Fax 239-277,1341
See what's free at AOL.cQ..rTl.
5/1512007
.
Agenda Item No, 16C1
June 12, 2007
Page 15 of 16
,ridharSandy
-
From:
Sent:
To:
Subject:
SridharSandy
Wednesday, May 16. 2007 8;37 AM
'SOUTHWEST ELECTRIC SOUTHWEST ELECTRIC'
RE: Pelican Bay Decommissioning
So far I have not seen your proposal. Time is running out and I need to move )n. Thanks
for your consideration.
Sandy Sridhar
projece Manager
phone: (239) 530-5345
Fax: 1239} 530-6449
sandysridhar@colliergov.net
-----Qriginal Message-----
from: SOUTHWEST ELECTRIC SOUTHWEST ELECTRIC (mailto:zouthweste1ectric@hotrnail.oom]
Sene: Monday, May 14, 2007 11:25 AM
To: SridharSandy
Subject; RE: Pelican Bey Oecommissioning
will send proposal comorrow 05/15
:>Frorn: nSridharSandy" <SandySridhar@col1iergov.net>
>To~ <SouthwestElectric@hotmail.com>
>S~Dject: RE: Pelican Bay Decommissioning
>Daee: Mon, 14 May 2007 10:26:27 -0400
>
>
Are you still interested, in t.his project and going to send me a
>proposal? Please reply on or before May 15r 2007 so I can move on.
>Thanks.
>
>Sandy Sridhar
>
>project Manager
>
>Phone: (239) 530-5345
>
>Fax: (239) 530-6449
>
>sandysridhar@coll:i.er.gov.:n.et:
>
>
:>
>From: SridharSandy
>Sent: Tuesday, May 01, 2007 4:06 PM
>To: 'SouthwestElectric@hotmail.com'
~Subject: FW: Pelican Bay Decommissioning
>
>
>
>Ron:
>
>
>
>1 apologi2e. I ~ent you the wrong specs. Here is the correct: one.
>Thanks.
>
"",,4
Sandy Sridhar
1
Agenda Item No. 16C1
June 12, 2007
Page 16 of 16
>
>project Manager
>
>Phone:(2391 530-534,
>
>Fax, (239) ,30-6449
>
>sandysridhar@colliergov.net
>
>
>
>From: Sridhar Sandy
>Sent: Tuesday, May 01, 2007 2:54 PM
>To: 'SouthwestEJ.ectric@hocmail.com'
>Subjece: ~elican Bay Decommissioning
>
>
>
>Ron: Here ar.e the specs for your use. Looking forwf.!,rd for your
>proposal.
>
>
>
>Thanks
>
>sandy Sridhar
>
>Project Manager
>
>Phone, (239J 530-53~5
>
>Fax: (2391 530-6449
>
>sandysridhar.@col1iergov.net
>
>
,.
Catch suspicious meS$agee before you open them--with Windows Live Hotmail.
http://imagine-windowslive.com/hoCmail/?locale~en-
us&ocid=TXT_TAGHM_rnigration-H~ini-pr.otection_OS07
2
.
Agenda Item No. 16C2
June 12, 2007
Page 1 of 9
EXECUTIVE SUMMARY
Recommendation to approve Change Order 2 to Agreement 06-3939 for Program
Management and Oversight Services with Malcolm Pirnie Inc., in the amount of
$169,342 related to the Northeast Facility, Project 75012.
OBJECTIVE: To meet the demand for water and wastewater services in the northeast
area of the Water and Sewer District service area. This action will continue program
Management Services from July 11,2007, through September 30, 2007, for the Northeast
Facilities,
CONSIDERATION: On December 14, 2004, agenda item 10E, the Board of County
Commissioners (Board) approved Contract 04-3673 for Professional Engineering
Services with Carollo Engineers, to design Phase 1 of an expandable 10-mgd Water
Treatment Plant, and an expandable 4-mgd Water Reclamation Facility. These facilities
will replace the existing Orangetree Utility facilities, and serve new customers in the
northeast area of the District
On June 20, 2006, agenda item 16C 4, the Board approved a Professional Services
Agreement 06-3939, with Malcolm Pirnie Inc. for Program Management & Oversight
Services for the Northeast Facilities. This Change Order will extend the contract and
services from July 11, 2007, through September 30, 2007, (Scope of Services attached).
These projects are consistent with the 2005 Wastewater and Water Master Plan Updates
approved by the Board on June 6, 2006, as Agenda Item 10 (B) and can be found in Table
8-2, page 2 of 5, line item 44, and in the Wastewater Master Plan Table 8-2 Page 2 of 5,
line item 40.
The Program Management work to be completed during this contract extension includes
an extension of the existing services at the same level of effort, and to align the annual
negotiated services under this contract with the County's fiscal calendar.
Staff recommends the total cost of $169,342 for this work as fair and reasonable. These
Program Management and Oversight Services will assist the County in properly planning
and managing all aspects of the Northeast Facility Program.
FISCAL IMPACT: Funding is available in and is consistent with the FY 07 Capital
Improvement Budget approved by the Board of County Commissioners on September 21,
2006, agenda item 2H. Current appropriations are identified in the Water and
Wastewater Impact Fee Funds 411 and 413, Project 75012.
GROWTH MANAGEMENT IMPACT: This project is consistent with and furthers
the Goals, Objectives, and Policies of the Collier County Growth Management.
,-
RECOMMENDA nON: That the Board of County Commissioners, as Ex-Officio the
Governing Board of the Collier County Water-Sewer District:
Agenda Ilem No. 16C2
June 12, 2007
Executive Summary Page 2 of 9
Northeast Facility - Page 2
. Approve a change order to the Program Management and Oversight Services, to
extend the existing Contract 06-3939 to September 30,2007, in the amount of
$169,342 with Malcolm Pimie, Inc., Project 75012,
. Authorize the County Manager or his designee to execute the cbange order.
Submitted By: Alicia Abbott, Public Utilities Engineering Project Manager
Item Number:
Item Summary:
Meeting Date:
Page 1 of 1
Agenda Item No. 16C2
June 12, 2007
Page 3of9
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16C2
Recommend to approve Change Order 2 to Agreement 06-3939 for Program Management
and Oversight Services with Malcolm Pirnie Inc in the amount of $169,342 related to the
Northeast Facility Projects 75012
6/12/20079,00:00 AM
Project Manager
om
Prepared By
Alicia Abbott, E.!.
Public Utilities
Public Utilities Engineering
4119/20079:20:16 AM
Principal Project Manager
Date
Approved By
William D. Mullin, PE
PublicUllhtiss
Public Utilities Enginaering
5/21/20071:39 PM
Date
Approved By
SteveCamell
Admin;strativeServices
Purchasing/General Svcs Director
Purchasing
5/23120078:20 AM
PUblic Utilities Engineering Director
Date
Approved By
Roy B. Anderson, P.E.
Public Utilities
Public Utilities Engineering
5f24t20077:50AM
G. George Y;Jmal
WasteWater Director
Date
Approved By
Public Utilities
WasteWater
5/24120079:08 AM
Approved By
Paul Maltausch
Public Utilities
Water Director
Date
Water
5/24/200711:10 AM
Date
Approved By
ThomasWides
PubJicUtilities
Operations Director
Public UlilitiesOparations
SI24J20071:29PM
Date
Approved By
JamesW. DeLony
Public Utilities
Public Utilities Administrator
Public Utilities Administration
5/JOI20079:14AM
Date
Approved By
OMS Coordinator
County Manager's Office
OMB Coordinator
Office of Management & Budget
611120079:16AM
Susan Usher
Date
Approved By
County Manager's Office
Senior MllnagementlBudget Analyst
Office of Management & Budget
615120073:57PM
Approved By
Michael Sll1ykowski
County Manager's Office
Management & Budget Director
Date
Office of Management & Budget
6/5/20074:23 PM
County Manager
Date
Approved By
JllmesV. Mudd
Soard of County
Commissioners
County Manager's Office
6/5f20074:54PM
fil~./lr'\AO'f'11rlI'lT~"lt\FYnnrl\R.a...I,mf"%?Ol? %?0?007\ 1 f\ %?OrnN"FNTO/"?OA(~FNf)A \ 1 f\r
f\1f\n007
~
Agenda Item No. 16C2
_._JunR 12~2
Page 4 of 9
Date: May 25. 2007
Project Name: Nor1Iu:ast Facility I'rognIm Management
Project Number: 75012
BJDIRFP #: 06-3939
E-Mailed To BoIIIIie:
Gohatr To the BCC
Mod #: 2
PO#: 4S000643562
wort OrderNmnber:
ContractorIConsu1lant: Malcolm Pimic. IDe.
0rigina1 Coa1ract Amow1t: S 'l53. 77S.IIO
(~Point)
Cumat BeC Approved Amouat:
S 75J. '775.lIlI
(Last Total Amouot Approved by the BCC)
5753.775.00
(Including All ~ Prior To This Modification)
Cumat Coa1ract Amount:
ChaDgc Amount:
S .6JU'tM
Revised ConttactJWoJIc Onl<< Amount: S m.J.17.111
(Includiog This ChaDgc 0nIcr)
CumuIaIive Dollar Value of~ to dIis ConttactJWoJIc Order: S 18 ~-
Pcn:ad8gC Oflbc ChaDgc OverIUoder Cumat Caa1I8cl Amount: ~
0nnI0n0 01__ To _ cooImct to provide for .....nn....g __ .......Ir""'". profcssiooaI seMces up to oew fiscaJ
=:-~~~mcr--~01
DoIa En1Iy Information:
Type of 01anll": Coolnlcl
Project Monager. Alicia Abbott
Department: PUED
ChaDgc CoIegory Type. Circle One BcIow:
1. Planned or Elective
2. Uo1'oreseeo Conditions
3. Quantity AdjllSbDClllS
4. Com:otion ofEnon
s. VlllaeA.......
6. Scbcdulc AdjuslmelllS
Revised 7/11/05
r
CONTRACTIWORK ORDeR MODIFICATION
CHECKLIST FORM
Agenda Item No. 16C2
June 12. 2007
Page 5 of 9
BIDIRFP III:
08-3939
MOD #: 2
PO#: 45000643582
75012
WORK ORDER #:
PROJECT NAME:
North Eaet PfOll",m Management PROJECT #:
DEPARTMENT, Public Utllltlee Engineering Department
CONTRACTOR/FIRM NAME:.Malcolm Pirnle, Inc.
Original ContI'lIct Amount:
$ 753,775
(Starting Point)
Current BeC Approved Amount:
$ June 20, 2008
(Last Total Amount Approved by the BeC)
$ 753,775
(Including All Changes Plior To This Modification)
Current CDntI'lIct Amount:
Change Amount:
Rev..... ContractlWork 0nIer Amount:
$
1l19,342
$ 923,117
(Including This Change Order)
Cumuldve Doller Value of Q1angee to thIe ContractIWork Order: $ 189,342
Date of Laet BCC Approval June 20, 2006
Agenda ltam # 16C4
Percentage of the change over/under currHt contract amount 22..48 %
Formula: (Revised Amount I Last BCC approved amount)-l
Results and Actions: Conlracte: lithe change exceeds 10% of the cummt BCC amount. then acc approval is required;
equal to or less then 10% reported to BCC by the purchll8ing department CCNA Work Ordere: For all work orders that
exceed $200,000 where the change does not exceed 10% or $10,000, these dlanges are reported by the PurchIIslng
Department to the BCC administratively. Changers to these worIc orders thet exceed those thresholds require prior BCC
approval. ~CNA Work Orderll: II the change exceeds 10% of the current Bce amoun~ then BCC approval is
required. If in dou~ contact your contract Specialist For more specific information regarding work order thresholds,
please refer to the Procurement Administretion Procedures, Section IV.3.d.
CURRENT COMPLETION DATE (S):ORlGINAL: July 20, 2007
CURRENT: September 30, 2008
SUMMARY OF PROPOSED CHANGE 151: identify the chana...
Malcolm Plmle, Inc. will provide additional Pros",m Manasement..rvlc.. through September 30,2008
JU5TIFlCA TION FOR CHANGE (51: What value or beneflt do then c/langH provide to tile project?
In order to ellgn with the fiscal yeer budg~ the.. eddlttonel ..rvlcee will extend Malcolm Plmle'e cont~
through September 30, 2008
PARTIES CONTACTED REGARDING THE CHANGE: Bill Mullin, Roy Andereon, George Yllmaz, Paul Mettauech
IMPLEMENTATION STEPS (Verify each before pIVCHdIng with chenge uelng Y, N or NtAI
[81 Proposed change Is consistent wtlh the scope of the exl&1lng agreement
o Proposed change is in fact an addilion or delelion to the existing scope
[81 Change is being implemented In a manner consistent wtlh the existing agreement
[81 The appropriate parties have been conllUlted regarding the change
[81 Proposed prices, fees and costs set forth in the chenge are reasonable
May 25, 2007
Dille: May 25, 2007
Agenda Item No. 16C2
June 12, 2007
Page 6 of 9
CHANGE ORDER
TO: MaIcaIm PImIe, IDe.
FROM: CoIIIer.CoaIrty GoVl!I'II1IIeDt
"
Project Name: Nortbeast Regional Utility Facility Program M8DlIFment and Oversight Agn:ement:
CllIlInIcl 06-3939 Dated: June 20. 2006
Change Order No.: 2 Date: May 24, '2JX1T
CJumae Otder n-ripli...
Provide CODlinuing Program Management Services to support Collier County plnll8Dl to the Provisions of
"Northeast Regional Utility Facility Program ~r.n.8"_ and Overaight Services" - ContractlJ6..3939 dated
June 20. 2006 betw<lCl\ CoUierCounty, Public Uti1ItieaEngineering~IIIdMalcolmPimie, IDe. Work
will be performed 88 a lump swn (LS) or lime and material (l'&:M) aDIOIIIIt paid monthly on completed work in
accordance with the task amounts 115 follows:
TasIr. I: Exteud general program man.vment""""ices 10 ~ 30,2007 LS
TasIr. 2: AIIowmce for Unknown Services T &M
Total AmtnuII ofC1lmtp 0rtUr
$153,947-00
$ 15,395.00
$169,34z.oo
0riginaJ Agreement Amount
Sum of pIlOvious Change Orders Amount
Cbange Order 2 Amount
Rer1iutl CoJltrod Ammutt
$ 753,775.00
$0.00
$ 169,342.00
$ 923,ll7.oo
Original Contract Time in calendar days
AlljU&lal number of calendar days due to previous €bange Orders
This 0Iange Order adjusted time is
Revised COIIt1'act Tl_ iIt caieIrdar tiDy.
0riginaJ Notice to Proceed Date:
Completion dale based OIl original Contract Time:
Revised completiOft dok:
365
o
82
447
July II. 2006
July 1 0. '2JX1T
~n\be{ 30. '2JX1T
MaIcolm Pirnie's ......"..""" of tbia Change Order shall constiture a modification 10 the Agreement and will be
performed subject 10 aU the same tenns and conditions 115 contained in the Ag.eelloout. as if the same were
repeaIcd in tbia "',eeptaoee. The adjUlltmerJla. if any. 10 the ~_ shaJI constiIute a full and flnaJ settlement
of any and all claims of the Contractor and the County arising oat of, or related 10, !be change oct forth herein,
including claims for ~ and c;r.r c,?slSil _
Prcporedby: QJj.C; C. . ~ Date: ~-Z"- t>,
Alicia Abbott, PUB Project Manager
AccepII:d by:!2 Li11. 1-L-
Malcolm Pimie Inc" Inc.
Date: S-ZS-O)
,
Agenda Item No. 16C2
June 12, 2007
Page 7 of 9
Approved by: OJ) ~
William Mullin. PUB PriDcipIl Project Manager
Dale:
S-(t-l/O'"
Approved by:
. Roy nderson. PUE Direclor
~ V ,17.
Date:
~/.,,~J.7
/ I
Approved bY:- :-.. - .--.c..- -:? ,~.
George YiImaz, Wasrewater Director
rDate: ru;!+-
-,,/~-??
ul allauscb, Water Director
Dale:
~~,fr?
~
1t~o'\ Approved ~amcs W. DeIony, Public Utilities Director
Date:
(For use by Owner: PUDd 411 8JlCi 413, Cost Centor: 263614, Object Code: 631400, Project Number: 750121 SlId 750122)
Agenda Item No. 16C2
June 12, 2007
Page 8 of 9
Collier County Northeast Program
Program Management and Ovenigbt Services Contract
Extended Services Agreement
Revised OS/25/07
On June 20, 2006, Collier County executed a Program Management and Oversight
Secvices Contract with Malcolm PUnie (Contract). A notice to proceed for the Contract
was issued on July 11, 2006. In order to align the schedule of the Contract with the
County's fiscal calendar, the scope of services outlined below have been prepared for the
time frame of July 11,2007 through September 30, 2007.
Scope of Senrlces
Task 1. Coutinue General Program Management Services
Malcolm Pimie will continue to provide the standard program management services as
outlined in Schedule A of the Contract. This laskis for services provided between July
11, 2007 and September 30, 2007.
Task 2. Allowanc:e for Unknown Servic:es
This task n:pRSCIlts an allowance for services related to the Northeast Facility that IIle
currently unknown but may be required during the prosecution of this Change Order 2.
This Allowance must be authorized in writing, in advance of the work by the Project
Manager. This lask is for services that may be provided between July 11, 2007 and
September 30, 2007 and may be up to the amount shown below on a time and material
basis.
Fees
The total hunp swn and T &M fees for the tasks described above IIle summarized in the
table below.
l.l"l, 1(( I 'pl Hud:.!i.!
2
Lump Sum
Time and Material
$153,947
15,395
IFIll! ...., \(1().1,~~
Note to Task 1: The lump sum fee for Task 1 i. the pro-raIa exteDsion of the base contract
IlmOWlt from the first year as follows: ($685,250 I 365) X 82 days.
Note to Task 2: The Allowance for Unknown Services represen15 10% oftbe base contract
extension amount.
Page Ion
,
Agenda Item No. 16C2
June 12, 2007
Page 9 of 9
CoWer County Northeast Program
Program Management and Oversight Services Contract
Extended Services Agreement
Revised OS/25/07
On June 20, 2006, Collier County executed a Program Management and Oversight
Services Contract with Malcolm Pimie (Contract). A notice to proceed for the Contract
was issued on July II, 2006. In order to align the schedule of the Contract with the
County's fiscal calendar, the scope of services outlined below have been prepared for the
time frame of July 11,2007 through September 30, 2007.
Scope of Services
Task 1. Continue General Program Management Services
Malcolm Pimie will continue to provide the standard program management services as
outlined in Schedule A of the Contract. This task is for services provided between July
II, 2007 and September 30, 2007.
Task 2. Allowance for Unknown Services
This task represents an allowance for services related to the Northeast Facility that are
currently unknown but may be required during the prosecution of this Change Order 2.
This Allowance must be authorized in writing, in advance of the work by the Project
Manager. This task is for services that may be provided between July II, 2007 and
September 30, 2007 and may be up to the amount shown below on a time and material
basis.
Fees
The tota1lmnp sum and T &M fees for the tasks described above are summarized in the
table below.
I 1,1, I, ( l' I" I:lld_, I
I
2
Lmnp Sum
Time and Materia1
SI53,947
15,395
I, I ,j ',j(ll)., C
Note to Task I: The lump swnfce for Task I is the pro-rata extcnsion of the base contract
llUlOunt from the first year 88 follows: (5685,250 I 365) X 82 days.
Note to Task 2: The Allowance for Unknown Services Iepl"CSCDts 11l"A. oftbe base contract
extension amount.
Pace 1 oft
Agenda Item No. 1601
June 12, 2007
Page 1 of 7
EXECUTIVE SUMMARY
Recommendation to approve a limited use license agreement between the
Board of County Commissioners and the Naples Junior Chamber of
Commerce, Inc., approving use of specified county-owned property for
conducting a July 4th fireworks festival.
OBJECTIVE: To provide a means for the Collier County Community to
recognize and celebrate the nation's independence through a community 4th of
July Festival.
CONSIDERATIONS: The Naples Junior Chamber of Commerce, Inc. (Jaycees)
has partnered with the County to provide a free 4th of July event for the
community for several years. Through this agreement the County will provide a
$25,000 contribution that will be used to support the event and will be paid, as is
standard practice, through a reimbursement method. The event as proposed this
year, will again be a family-oriented event with musical entertainment, food
vendors, and fireworks at dusk. The agreement requires that the Jaycees have
and make arrangements for appropriate levels of law enforcement personnel, fire
department and Emergency Medical Services presence, and specific insurance
coverage for the event as prescribed by the County's Risk Management Office.
The agreement has been negotiated through the Parks and Recreation
Department and has been reviewed and approved by the County Attorney's
office for legal form and sufficiency.
LEGAL CONSIDERATIONS: License Agreement confers no property interest.
GROWTH MANAGEMENT IMPACT: There is no growth management plan
impact associated with this event.
FISCAL IMPACT: The cost of this agreement will be $25,000, funds for which
have been included as part of the FY 2007 Sugden Regional Park 001-156361
Budget within the Parks and Recreation Department.
RECOMMENDATION: It is recommended that the Board authorize the Chairman
to execute the attached Limited Use License Agreement between Collier County
and the Naples Junior Chamber of Commerce, Inc. to produce a free Fourth of
July Festival at Sugden Regional Park,
Prepared by:
Murdo Smith, Region 1 Manager
",....~~
Agenda Item No. 16D1
June 12, 2007
Page 2 of 7
LIMITED USE LICENSE AGREEMENT
AGREEMENT BETWEEN THE BOARD OF COUNTY
COMMISSIONERS, COLLIER COUNTY, AND THE NAPLES JUNIOR
CHAMBER OF COMMERCE, INC., A NOT-FOR.PROFIT FLORIDA
CORPORATION, APPROVING USE OF SPECIFIED COUNTY-
OWNED PROPERTY FOR CONDUCTING A JULY 4TH FIREWORKS
FESTIVAL.
This is entered into this _day of ,2007 by and between the
Board of County Commissioners, Collier County, Florida, whose mailing address is
3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "Board", and
Naples Junior Chamber of Commerce, Inc. (Naples Jaycees) not-far-profit Florida
corporation, whose mailing address is Post Office Box 10416, Naples, Florida 34101,
hereinafter referred to as "Organization".
WHEREAS, the Organization requests the use of County-owned land for the
purpose of holding activities for conducting a Naples Jaycees July 4lh Festival and
Fireworks Display to be held on July 4, 2007.
WHEREAS, the Board is willing to approve the use of County-owned land for
such purposes as are specified herein:
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
1. The Board hereby approves the use of a portion of County-owned property identified
as Sugden Regional Park as shown in Exhibit "A" attached hereto and made a part
hereof, hereinafter referred to as the "Property" for the purpose of holding activities
for a July 4th Festival, hereinafter referred to as the "Event". The Board hereby
grants the Organization the right to photograph, record, televise, broadcast,
distribute, exhibit, advertise and promote the Event. The Board has rights to use
pictures for promotion of this program. Use of the Property by the Organization shall
be from July 3" through July 5th. The park will remain open to the public during
these times. The day of the event only pedestrian public traffic will be allowed to
enter the park
2. The organization shall be responsible for all on and off-site Event operations and
revenue as well as the administration of all revenue derived from the Event. The
Organization shall have the sole right and responsibility with respect to the granting
of concessions (such as food, beverages, programs), sponsorship and
merchandising rights and the revenue therefrom subject to approval of the Public
Services Administrator.
3. The Organization shall monitor, control and assume responsibility for all activities,
vendors, licensees, and invitees associated with holding of the Event, such
responsibility not being limited to trash collection and clean-up of the Property.
Repair of damaged areas will be at the expense of the Organization. Board shall not
be obligated or required to improve, repair, or maintain the Property or any part
thereof in any manner whatsoever.
4. The Organization shall acquire all permits required by Collier County and any other
governmental entity to conduct such an event and related activities on the Property.
The Organization shall ensure clean up of the Property by close of business on July
5th.
5. Prior to making any changes, alterations, additions or improvements to the Property,
the organization shall provide to the Parks and Recreation Department, in writing. all
proposals and plans for alterations, improvements, changes or additions to the
Property. The Organization covenants and agrees in connection with any
maintenance, repair work, erection, construction, improvement, addition or alteration
of any authorized modifications, additions or improvements to the Property, to
observe and comply with all present and future laws, ordinances, rules, regulations,
Agenda Item No. 1601
June 12, 2007
Page 3 of 7
and requirements of the United States of America, State of Florida, County of Collier,
and any and ali governmental agencies. AIi permanent alterations, improvements,
and additions to the Property shali, at once, when made or instalied, be deemed as
attached to the freehold and to have become the property of Coilier County and shali
remain for the benefit of the County at the end of the term set forth in this agreement
in as good order and condition as they were when instalied, reasonable wear and
tear excepted; provided, however, if Board so directs, the Organization shall
promptly remove ali portable and non-permanent additions, improvements,
alterations, fixtures and instaliations which were placed in, on, or upon the Property
on behalf of the Organization, and repair any damage caused to the Property by
such removal.
6. Organization agrees that the Event wili be managed in such a way as to comply with
ali other Coliier County ordinances, codes and Parks and Recreation Department
policies. in particular, the event noise, except the fireworks themselves, wili be
managed to limit any sound amplification to meet the Coilier County Noise
Ordinance. There shali be no on-site sales, promotion, or consumption of, alcoholic
beverages within the park boundaries. There shali be no on-site sales and
promotion of any tobacco product within the park boundaries.
7. Organization agrees to:
A. Provide the Parks and Recreation Department and appropriate Development
Services staff an application for a special events permit. A logistical schedule of
events (e.g. deliveries, set-up, clean up, etc.) will be included within the special
events permit application package.
B. Meet on the Property on or before June 4, 2007 with representatives from the
Collier County Parks and Recreation Department, the East Naples Fire Control
District, the Coliier County Sheriffs Department and Coliier County EMS. The
Organization will have or wili have provided in advance of the meeting:
1. Fire Retardant Certificates and safety inspection for all tents to the East
Naples Fire Department;
2. A copy of the certificates of all insurance required by this agreement,
3. A security, parking and pedestrian crossing plan agreed to in writing by the
Coliier County Sheriffs Department,
4. Written confirmation for on and required off-site fire protection from the East
Naples Fire District and/or other authorized County Fire Districts,
5. Written confirmation for on-site Emergency Medical Services from the Coliier
County EMS Department, and
6. A copy of the organization's "Chairman's Planning Guide".
C. Coliier County reserves the right to add additional entertainment. Any
entertainment will be discussed in advance with the JC's prior to event.
8. Organization agrees to manage the Event as outlined within the Chairman's
Planning Guide prepared by Organization. Such plans shali be made a part of this
Agreement. Revisions to the Chairman's planning Guide after the meeting of June
4,2007 referenced in paragraph seven (7-B) wili require the review and approval of
the Public Services Administrator. Should inclement weather require cancellation of
the event on July 4th, such a decision wili be made in conjunction with the
Organization and the Public Services Administrator as agreed to by the Organization
and the Public Services Administrator, July 5, 2007. All subsequent dates of this
agreement wili be adjusted accordingly.
9. The Organization agrees that all persons involved with the handling of fireworks wili
be qualified personnel and ali persons involved with the igniting of fireworks will be
licensed pyro-technicians. In addition the Organization agrees that a professionally
produced fireworks show with a minimum value of $25,000 will be provided.
10. Organization shall indemnify, defend and hold harmless Board, its agents and
employees from and against any and ali liability (statutory or otherwise), damages,
2
,
Agenda Item No. 16D1
June 12, 2007
Page 4 of 7
claims, suits, demands, judgments, costs, interest and expenses (including, but not
limited to, attomeys' fees and disbursements both at trial and appellate levels)
arising, directly or indirectly, from any injury to. or death of, any person or persons or
damage to property (including loss of use thereof) related to (A) Organization's use
of the Property, (B) any work or thing whatsoever done or any condition created
(other than solely by Board, its employees, agents or contractors) by or on behalf of
Organization in, about, on or with the Property, (C) any condition of the Property due
to or resulting from any default by Organization in the performance of Organization's
obligations under this Agreement. and (D) any act, omission or negligence of
Organization, its agents, contractors, employees, subtenants, licensees or invitees.
In case any action or proceeding is brought against any of the above by reason of
anyone or more thereof, Organization shall pay all costs, attomeys' fees, expenses
and liabilities resulting therefrom and shall defend such action or proceeding if Board
shall so request, at Organization's expense, by counsel reasonably satisfactory to
Board, except where such damage or injury is the result of the gross negligence or
willful misconduct of the Board or its employees
11. The Organization accepts the property "as is." The Board shall not be liable for any
injury or damage to any person or property caused by the elements or by other
persons on the Property, or from the street or sub-surface, or from any other place,
or for any interference caused by operations by or for a govemmental authority.
12. The Board shall not be liable for any loss of property, including loss due to petty theft
of any property occurring on the Property or any part thereof. The Organization
agrees to hold the Board harmless from any claims for damages, except where such
damage or injury is the result of the gross negligence or willful misconduct of the
Board or its employees.
13. (a) Organization shall provide and maintain speCial event general liability and
property liability insurance policy (ies), approved by the Collier County Risk
Management Department for not less than One Million Dollars and No/Cents
($1,000,000) combined single limits during the term of this Agreement.
(b) Collier County shall be listed as additional insured on the commercial general
liability policy. Evidence of such insurance shall be provided to the Collier County
Risk Management Department, 3301 East Tamiami Trail, Administration Building,
Naples, Florida, 34112, for approval prior to the commencement of this Agreement;
and shall include a provision requiring ten (10) days prior written notice to Collier
County clo County Risk Management Department in the event of cancellation or
changes in policy (ies) coverage. Board reserves the right to reasonably amend the
insurance requirements by issuance of notice in writing to Organization. Upon
receipt of such notice, Organization shall have ten (10) days in which to obtain such
additional insurance.
14. This Limited Use License Agreement shall be administered on behalf of the Board by
and through the Collier County Parks and Recreation Department.
15. It is the responsibility of the Organization to properly notify the general public of
closed roads and designated parking areas. In particular notification shall be
provided to all homes located on Outer Drive, Lombardy Lane, Dale Avenue,
Pineland Avenue, Cindy Avenue, Mohawk Place, Mindi Avenue, Rose Avenue, and
Poplar Way. The Organization shall ensure that the park and all park facilities
remain open and accessible to the public.
16. This Agreement is not assignable. Any attempt to assign shall be void ab initio.
17. The Rental Rate for the festival is $800. The Board of County Commissioners will
accept in-kind services a payment for the rental rate in the form of advertising of a
value equal to or greater than the rental rate. Specifically, "Collier County" or the
Collier County Logo is to appear on all printed promotional materials related to the
event, and Collier County is in all instances to be recognized as a co-sponsor of the
event
3
Agenda Item No. 16D1
June 12, 2007
Page 5 of 7
18. This Agreement represents a bare license for the Organization's use of the property
and does not convey any estate in the Property or create any interest therein
whatsoever.
19. The Organization represents and warrants to the Board that no hazardous materials
will be discharged to the air, grounds, sewer, or to any septic system on the
Property except fireworks are planned to be discharged in the air and on the ground
according to plan.
20. The Organization shall be responsible for paying all taxes and charges associated
with or resuiting from the holding of this Event.
21. Pursuant to this Agreement, the Board shall provide twenty-five thousand dollars
($25,000) for the Festival. The funding is to be used for permit fees, park fees,
entertainment fees, sheriffs department fees, carnival fees and/or fireworks fees.
Funds wiil be paid on a reimbursement basis upon the submission of copies of paid
invoices. All invoices will be signed by the President or Treasurer of the Naples
Junior Chamber of Commerce attesting that the goods are services indicated by the
invoice were received.
22. This Agreement is governed and construed in accordance with the laws of the State
of Florida.
IN WITNESS WHEREOF, the parties hereto have made and executed this Limited Use
License Agreement as of the day and year first above written.
AS TO THE ORGANIZATION:
NAPLES JUNIOR CHAMBER OF COMMERCE,
INC.
By:
, President
Witness (signature)
(print name)
Witness (signature)
(print name)
AS TO THE COUNTY:
ATTEST:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
DWIGHT E. BROCK, Clerk of Courts
By:
Deputy Clerk
By:
Jim Coletta, Chairman
Approved as to form
and legal sufficiency:
Robert Zachary,
Assistant County Attorney
4
Agenda Item No. 16D1
June 12, 2007
Page 6 of 7
5
Item Number:
Item Summary:
Meeting Date:
Page ] of I
Agenda Item No. 16D1
June 12, 2007
Page 7of7
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
1601
Approve a limited \Ise license agreement between the Board of County Commissioners and
the Naples Junior Chamber of Commerce. Inc, approving use 01 specified cOuflly"owned
property for conducting a July 4th Fireworks Festival ($25000)
6/12/20079 00:00 AM
Approved By
Jeffray A. Walker, CPCU,
ARM
AdministrativeServlce$
Risk Management Director
Date
Risk Management
5/29/.20079:52 AM
Date
Approved By
BarryWillillms
Public Services
Director
Parlls and Recreation
5/29/.20072:11 PM
Date
Approved By
Barry Williams
Public Services
Director
Parks and Recreation
5/29/20072:11 PM
Date
Approved By
Linda Best
Administrative Services
Contracts Agent
Purchasing
5!2!l/2001.2:17 PM
Date
Approved By
MurdoSmith
Public Services
Beach and Water Superintendent
Parks and Recreation
5/30/20074:17 PM
Dale
Appro,.ed By
Scott Johnson
Administrative Services
Purchasing Agent
Purchasing
5130120074:28 PM
Date
Approved By
Steve Carnell
Administrative Services
PurchasinglGeneral SvcsDirector
Purchasing
5/31/20079:34 AM
Date
Appro\ledBy
OMBCoordinator
County Managers Offica
OMBCoordinator
Office of Management & Budget
611120079;39AM
Date
Approved By
RobertNlachary
County Attorney
Assis!ant County Attorney
County Attorney Office
6/1/20014:06 PM
Da!e
Approved By
Sherry Pryor
County Managers Office
Management & Budget Analyst
Office of Management & Budge!
615/20071:38PM
Date
Approved By
Michael Smykowski
County Managers Office
Management & Budge! Director
Office of Management & Budget
6/5/20072:30 PM
Date
Approved By
JamesV Mudd
Board of County
Commissioners
County Manager
County Managers Office
615120074,49 PM
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f:.1(.,n(l('17
Agenda Item No. 1602
June 12, 2007
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approves, and authorizes the
Chairman to sign, a lien agreemeut with Eurique Galvan Ramirez and Ana M. Galvan
(Owners) for deferral of 100% of Collier County impact fees for an owner-occupied
affordable housing unit located at Lot 94, Independence, Phase II.
OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the
Chairman to sign, the attached lien agreement with Enrique Galvan Ramirez and Ana M.
Galvan for deferral of 100% of Collier County impact fees for an owner-occupied affordable
housing unit.
CONSIDERATIONS: Article IV of Chapter 74 of the Code of Laws and Ordinances
established a program to defer impact fees for qualified affordable housing. Pursuant to this
program, an application for defennent was submitted by Enrique Galvan Ramirez and Ana M.
Galvan, which application, after staff review, was detennined to qualify for the program. Legal
status has been verified and documents are on file at the office of Housing and Human Services.
The property is located in the Independence Phase II subdivision in Imrnokalee.
The ordinance requires that a lien agreement be entered into with the applicant as a condition of
deferral of the impact fees. Section 74-401(3) of the Code authorizes the County Manager to
sign deferral agreements with applicants qualifying for impact fee deferrals for affordable
housing, which has long been the practice. The ordinance, however, gives the County Manager
discretion in whether to enter into the Agreement. Accordingly, in keeping with recent
discussion and direction by the Board, the County Attorney's Office has detennined that until
directed otherwise by the Board, these agreements be placed on the Consent Agenda for the
Board's review, approval and Chainnan's signature.
FISCAL IMPACT: This agreement defers $8,166.25 in impact fees, Although it is expected
that the County will ultimately collect these deferred fees (generally upon the sale of the
residence), there is no guarantee as to if, or when, this would occur.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: The proposed Agreement is fully consistent with the intent
and purpose of Section 74-401 of the Code of Laws and Ordinances of Collier County. JAK
STAFF RECOMMENDATION: That the Board approves and authorizes the Chairman to
sign the attached Lien Agreement for Deferral of 100% of Collier County Impact Fees for
Owner Occupied Affordable Housing Dwelling Units for Enrique Galvan Ramirez and Ana M.
Galvan for property located at Lot 94 Independence, Phase II.
_.
PREPARED BY: Frank Ramsey, SHIP Program Coordinator, Housing and Human Services
Returftto
Agenda Item No. 16D2
June 12, 2007
Page 2 of 5
Marcy Krumblne
Collier County fiKS
3050 N. Horleslwe Drlvt
Naples, FL34I04
File# 07-029-IF
This space for rewrdina
LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT
FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS
This Agreement is entered into this L day of May, 20~7, between Collier County, a
political subdivision of the State of Florida (COUNTY) and Enrique Galvan Ramirez & Ana M.
Galvan (OWNER), collectively stated as the "Parties."
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is mutually acknowledged, the Parties agree as follows:
t. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of
Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance"
(Ordinance). In the event of any conflict with this Agreement, the tenns of the Ordinance
shall apply.
2. The legal description of the dwelling unit is attached as Exhibit "A."
3. The term of this Agreement is ITom the date set forth above until the impact fee is repaid.
4. The amount of the impact fees deferred shall be paid to the COUJ\TY in full upon: a) the
sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead
exemption; or d) the first occurrence of any sale or transfer of any part of the affected real
property, and in any such event the deferred impact fees shall be paid in full to the COUNTY
110t later then the closing of the sale, or not later then the effective date of the transfer. As set
forth in Exhibit "B," the amount of the deferred impact fees is Eil!ht Thousand. One Hundred
Sixtv-Six dollars and 25/100 ($8,166.25). Repayment shall include any accrued interest.
Interest shall be computed at the rate of five percent (5%) per annum, but in no event shall it
exceed twenty-five percent (25%) of the total fee amount.
5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien
may be foreclosed upon in the event of non-compliance with the Ordinance or with this
Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall
terminate upon the recording of a release or satisfaction of lien in the public records of the
County. The deferrals of impact fees and this Agreement shall run with the land, and neither
the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise
conveyed. Except as provided by law, regardless of any foreclosure on the first mortgage or
other security interest, this lien shall otherwise be superior and paramount to the interest in
the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this
lien shall be on parity with any lien for County taxes.
6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record
any necessary d~cumentation evidencing same.
7. In the event the O\VNER is in default under the Ordinance or this Agreement, and the default
is not cured within 30 days after written notice is provided to the OWNER, the COUNTY
. -.-- --- --------- ---------- ----~---_._-_._. _._--~-------
Agenda Item No. 1602
June 12, 2007
Page 3 of 5
may, at its sole option, collect the impact fee amount in default as set forth in the Ordinance,
or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are
then in default and immediately due and payable. The COUNTY shall be entitled to recover
all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing
this Agreement, plus interest at the then maximum statutory rate for judgments calculated on
a calendar year basis until paid.
8. This Agreement is the sole agreement between the parties with respect to the subject matter
herein, and shall be binding upon the OWNER's successors and assigns in interest.
9. This Ab'Teement shall be recorded in the official records of the COWlty at no cost to the
COUNTY.
IN WITNESS \\!HEREOF, the Parties have executed this Agreement on the date and year first
above written.
Attest:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORlDA,
By:
By:
, Deputy Clerk
JAMES COLETTA, CHAIRMAN
OWNER:
Vv'itnesses:
"--Cnld.JJ.G J"). 0 \iC-I.-O.AO
Print Name \1\ Cl< "I"\A. .(\ \ "crC(l:>
y f-71r/(iJ," C A LVIJ?:' RA7l?'re2-
/ 'Enrique Galvan Ramirez
Witnesses: I
/jfi;,h~1.{:'~ C-'1f(_f1A
Pfint Na J." H. r, <~ (,.of-
Il ,I
$
STATE OF FLORIDA)
COUNTY OF COLLIER)
OWNER:
n.,~ he vCn G,. I, ('.n
Ana M. Galvan
!
The foregoing Agreement was acknowledged before me this ~ day of // // {fLY ,
2007, by Enrioue Galvan Ramirez & Ana M. Galvan, who is personally knoWnto~me (pi has
produced __ as proof of identity.
/ /
,/ i //"""
//.. ,-/7:, / /' "
/ ~0 / {r .U<"^,,C.&'i.6L--
Si~:~:nature of Person Taking Acknowle(}.-iment
/
"""'l. AGNES ME ZA
:uJ~' MY COMMISSION # D0594447
..~ EXPIRFS:Sq>temberl2.2010
L....~l.oorAAV Fl Notlo'yllisoauotAsoc.Co.
Ap oved as
and
Recommend Approval:
Mdd-L~
Director
Collier County Housing and Human Services
Jeffr
Man 6ing A
ow
istant COilllty Attorney
.
EXHIBIT "A"
Agenda Item No. 16D2
June 12, 2007
Page 4 of 5
LEGAL DESCRIPTION
Lot 94, Independence, Phase II, according to the plat thereof,
as recorded in Plat Book 43, Pages 64 through 66,
inclusive, of the Public Records of CoUier County, Florida.
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type of Impact Fee
A. EMS Impact Fee
Amount Owed
TOTAL IMPACT FEES
$100.59
$109.17
$192.37
$632.43
$631.40
$1,778.00
$4,489.00
$150.24
$83.05
$8,166.25
B. Correctional Facilities Impact Fee
C. Library Impact Fee
D. Community Parks Impact Fee
E. Regional Parks Impact Fee
F. Educational Facilities System Impact Fee
G. Road Impact Fee
H. Government Buildings Impact Fee
I. Law Enforcement Impact Fee
JAKAppmved_I_I_
Item Number:
Item Summary:
Meeting Date:
Page 1 of 1
Agenda Item No.1 GD2
June 12, 2007
Page 5 of5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
1602
Recommendation that lhe Board of County Commissioners approves, and authorizes the
Chairman to sign, a liart agreement with Enrique Galvan Ramirez alld Ana M, Galvan
(Owners) for delerral of 100% of Collier Courtly impact fees for an owner-occupied affordable
housmg unillocaled at Lot 94 Indepelldellce, Phase II in Immokalee
6112/20079:0000AM
Date
Prepared By
M:arcyKrumbine
PublicSclVices
Director
Hou!".ing & Human Services
4/201200712:01A3PM
Date
Approved By
Marcy Krumbine
Public Services
Director
Housing &Human Services
5/17120075:55 PM
D~,
Approved By
JeftKlatzkow
County Attorney
Assislant County Attorney
County Attomey Office
5118/200711:09AM
Date
Approved By
Mar1aRamsey
Public Services
Public Services Administrator
Public Services Admin.
512212007324 PM
Date
Approved By
OMB Coordinator
County Manager's Offiee
OMBCoordinator
Office of Management & Budget
5125120073:54 PM
Date
Approved By
Sherry Pryor
County Manager's Office
Managemenl & Budget Analyst
Office of Managemenl & Budget
611120072:35 PM
Date
Approved By
JamesV. Mudd
Board ofCounly
Commissioners
CounlyManager
County Manager!". OHice
611120073D9PM
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(.,!(.,n007
.
Agenda Item No. 1603
June 12, 2007
Page 1 of 2
EXECUTIVE SUMMARY
Recommendation to approve budget amendments in the amount of $113,428 to ensure
continuous fuuding of the Alzheimer's Disease Initiative grant.
OBJECTIVE: To amend the Alzheimer's Disease Initiative (ADI) operating budget at FY06-07
continuation funding levels to allow for uninterrupted support services to Services for Seniors'
frail, elderly clients.
CONSIDERATIONS: Collier County Services for Seniors has been providing case
management and facility respite services to Collier County's frail eldcrly for the past 17 years
through the Alzheimer's Disease Initiative. Historically, Collier County Services for Seniors
receives the continuation a!,'feements during the latter part of June, for the upcoming grant cycle
which runs July I, 2007 through June 30, 2008. This continuation grant in the amount of
$113,428 for the period July 1,2007 through June 30, 2008 will allow for the delivery of respite
care and case management services to the County's frail elderly preventing premature and costly
institutional placement. This grant enables victims of Alzheimer's disease to remain in their
homes with help. The grantor agency, Area Agency on Aging of Southwest Florida, has
guaranteed that funding will be received at no less than the FY06-07 allocation. When final
contracts are received in late June 2007, budget amendments will be prepared to reflect the actual
allocation.
The total grant amount of $113,428 is funded from the State of Florida grants and aids
appropriation. Budget amendments in the amount of $113,428 need to be approved to recognize
the grant revenue. Of the total !,'fant award, $200 will require a budget amendment for case
management. The remaining $113,228 will be budgeted to pay the local facility respite service
providers.
FISCAL IMPACT: FY07 budget in Services for Seniors fund (123) will increase by $113,428.
This grant requires no local matching funds.
GROWTH MANAGEMENT: There IS no growth management impact from this
recommendation.
RECOMMENDATIONS: Staff recommends that the Board of County Commissioners approve
the necessary budget amendments to ensure continuous funding of the Alzheimer's Disease
Initiative grant.
Prepared by: Terri Daniels, Accounting Supervisor, Housing and Human Services Department
~.
Item Number:
Item Summary:
Meeting Date:
Page 1 of 1
Agenda Item No. 1GD3
June 12, 2007
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
1603
Recommendation to approve budget amendments in the amount of $113,428 to ensure
continuousfundingoflhe Alzheimers Disease Initiative grant
6/12/20079.00:00AM
Grant:sCoordinator
Dol.
Prepared By
Terri A. Daniels
Public Services
Housing & Human Services
5/23120073:43:15 PM
Marcy Krumbine
Director
D...
Approved By
Public Services
Housing & Human Services
5IZ8/Z0Q71Z:5f,PM
Approved By
Barry Williams
PublicSllrvices
Director
Date
Parks and Recreation
5/29/20071:40PM
OMS Coordinator
OMBCoordinator
Date
Approved By
County Manager's Office
Office of Management & Budget
611/20079:32 AM
Approved By
Sherry Pryor
County MaMger'sOlfice
Management & B>ldgel Analyst
Date
Office of Manllgement & Budget
6/1120072:33 PM
MichaelSmykowski
Management & Budget Director
Date
Approved By
County Manager's Office
Office of Management & Budget
614/20071.33PM
Approved By
James V, Mudd
Board of County
Commissioners
County Manager
Date
County Manager.sOffice
614120074,10 PM
file:l/C:\AQendaTest\Exnort\H4-Jllne%2012%202007\ 1 n. %20CONSFNT%?OAGFNDA \ InT)
n/nl?n07
Agenda Item No. 16D4
June 12, 2007
Page 1 of 2
EXECUTIVE SUMMARY
Recommendation to approve a budget amendment in the amount of $7,099 to ensure
continuous funding of the Home Care for the Elderly grant.
OBJECTIVE: To amend the Home Care for the Elderly (HCE) operating budget at the FY06-07
continuation funding level to allow for uninterrupted support services to Services for Seniors'
frail, elderly clients.
CONSIDERATIONS: For the past 13 years, Collier County Services for Seniors has been
providing in-home support services to Collier County's frail elderly through this state funded
program. This continuation grant in the amount of $104,787 for the period July I, 2007 through
June 30, 2008 will provide in-home support services through the encouragement and management
of family-type living arrangements in private homes as an alternative to costly and permanent
nursing home care. The majority of these clients would be unable to remain in their homes
without this help. The grant requires no local matching funds.
Historically, Collier County Services for Seniors receives the continuation agreements during the
latter part of June, for the upcoming grant cycle which runs July I, 2007 through June 30, 2008.
The grantor agency, Area Agency on Aging of Southwest Florida, has guaranteed that funding
will be received at no less than the FY06-07 allocation. When final contracts are received in late
June 2007, budget amendments will be prepared to retlect the actual allocation.
The total grant amount of $104,787 is funded from the State of Ftorida grants and aids
appropriation. Of the total grant award, $7,099 will require a budget amendment to recognize the
direct funding portion to the County for case management. The remaining $97,688 will be
retained by the grantor agency to pay for direct services authorized by Collier County Services
for Seniors.
FISCAL IMPACT: FY06 budget in Services for Seniors fund (123) will increase by $7,099.
This grant requires no local matching funds.
GROWTH MANAGEMENT: There IS no growth management impact from this
recommendation.
RECOMMENDATIONS: Staff recommends that the Board of County Commissioners approve
the necessary budget amendment to ensure continuous funding of the Home Care for the Elderly
grant.
Prepared by: Terri Daniels, Accounting Supervisor, Housing and Human Services Department
,-
Item Number:
Item Summary:
Meeting Date:
Page 1 of1
Agenda Item No. 1604
June 12, 2007
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
1604
Recommendation to approve a budget amendment in the amount of $7,099 10 ensure
continuous funding oflhe Home Care for the Elderly grant
6.'12/20079 00:00AM
Grants Coordinator
D~.
Prepared By
Terri A. Daniels
Public Services
Housing & Human Services
5123/20013:51:20 PM
Marcy Krumbine
Director
Date
Approved By
Publil;Services
Housing & Human Services
5/23/20075:50 PM
Approved By
BarryWiIlillms
Public Services
Director
Dale
Parks and Recreation
5/29120071:57 PM
Date
Approved By
OMS Coordinator
County Manllger's Office
OMS Coordinator
Office of Management & Budget
6/1120079:33AM
Sherry Pryor
Management 8. Budget Analyst
Date
Approved By
County Managers-Office
Office of Management & Budget
6/1/20073:12PM
Approved By
Mil;hael Smykowski
County Manager's Ofties
Management 8. a>ldget Director
Date
Office of Management & Budget
614120071:34PM
Date
Appro\'ed By
JamesV. Mudd
Board of County
CommiSSioners
County Manager
County Manager's Office
6/4120074:22 PM
filp'//("\Aopnt"i~Tp"t\FYnort\R4_ Tnnpllln?fl17 %?O?fl/l7\ 1" %?()('()'l\,l"P1'.lTO/n?()A r.F1'.mA \ 1 "T'l
"/,,n/l()7
Agenda Item No. 16D5
June 12, 2007
Page 1 of 2
EXECUTIVE SUMMARY
Recommendation to approve budget amendments in tbe amount of $697,291 to ensure
continuous funding ofthe Community Care for the Elderly grant.
OBJECTIVE: To amend the Community Care for the Elderly (CCE) grant operating budget at
FY06-07 continuation funding levels to allow for uninterrupted support services to Services for
Seniors' frail, elderly clients.
CONSIDERATIONS: Collier County Services for Seniors has been providing in-home support
services to Collier County's frail elderly for the past 33 years through the Community Care for
the Elderly program. Historically, Collier County Services for Seniors receives the continuation
agreements during the latter part of June, for the upcoming grant cycle which runs Juty I, 2007
through June 30, 2008. When final contracts are received in late June 2007, budget amendments
will be prepared to reflect the actual allocation. The grantor agency, Area Agency on Aging of
Southwest Florida, has guaranteed that funding will be received at no less than the FY06-07
allocation. The total grant amount of $697,291 is funded from the State of Florida grants and aids
appropriation.
The following table outlines the budget amendments necessary to recognize the grant revenue and
appropriate expenditures:
CCE Grant
In Home Services
Total
County Match From Fund
(123) Reserves
Grant Funds
Total Appropriations
$90,OOO.00
$243,594.00
$333,594.00
$0.00
$453,697.00
$453,697.00
$90,000.00
$697,291.00
$787,291.00
FISCAL IMPACT: FY07 budget in Services for Seniors fund (123) will increase by $697,291.
Required matching funds in the amount of$90,000 have already been budgeted for FY07.
GROWTH MANAGEMENT: There IS no growth management impact from this
recommendation.
RECOMMENDATIONS: Staff recommends that the Board of County Commissioners approve
the necessary budget amendments to ensure continuous funding of the Community Care for the
Elderly grant.
Prepared by: Terri Daniels, Accounting Supervisor, Housing and Human Services Department
-""
Item Number:
Item Summary:
Meeting Date:
Page 1 of 1
Agenda Item No. 1605
June 12, 2007
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16D5
Recommendation to approve budget amendments in the amount of $697,291 to ensure
continuous lunding of lhe Community Care lor the Elderly grant
6/12120079 00:00AM
Granl" Coordinator
Date
Prepared By
rerriA. Daniels
Public Services
Housing & Human Services
5/23/20073:49;31 PM
Date
Approved By
Marcy Krumbine
Public Services
Director
Housing & Human Services
5/28/200712:57 PM
Approved By
Director
Date
Barry Williams
Public Services
Parks and Recreation
5129f20071:59PM
Approved By
OMBCoordinator
Date
OMBCoordinator
County Manager's Office
Office of Management & Budget
6/1J20079:34AM
Managements, EludgetAnalyst
Date
Approved By
Sh..,rry Pryor
County Manager's Office
Office of Management &. Budget
6/1120073:21 PM
Approved By
Management&. E1udgetDirector
D,,,,
MichaelSmykowski
County Manager'~ OffiCE>
Office of Management & Budget
6/5/20073:44PM
Date
Approved By
JamesV.Mudd
Board of County
Commissioners
County Manager
County Manager's Office
6/5/20075:28PM
filf','i!("\Aopn(bTf'<:t\Pynnr1\R4- Jllnp%')()1? %')0/()()7\ 1 (" OJ,,')()rnN<;;:Fl\JT%,)()A(jI!NnA \ 1 (,,1)
f"f("n()()7
Agenda Item No. 16D6
June 12, 2007
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approves, and authorizes the
Chairman to sign, a lien agreement with Madeleine Joseph (Owner) for deferral of 100%
of Collier County impact fees for an owner-occupied affordable housing unit located at
Lot 132, Independence, Phase II.
OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the
Chairman to sign, the attached lien agreement with Madeleine Joseph for deferral of 100% of
Collier County impact fees for an owner-occupied affordable housing unit.
CONSIDERA nONS: Article IV of Chapter 74 of the Code of Laws and Ordinances
established a program to defer impact fees for qualified affordable housing. Pursuant to this
program, an application for deferment was submitted by Madeleine Joseph, which application,
after staffreview, was determined to qualify for the program. Legal status has been verified and
documents are on file at the office of Housing and Human Services. The property is located in
the Independence Phase II Subdivision in Immokalee.
The ordinance requires that a lien agreement be entered into with the applicant as a condition of
deferral of the impact fees. Section 74-401(3) of the Code authorizes the County Manager to
sign deferral agreements with applicants qualifying for impact fee deferrals for affordable
housing, which has long been the practice. The ordinance, however, gives the County Manager
discretion in whether to enter into the Agreement. Accordingly, in keeping with recent
discussion and direction by the Board, the County Attorney's Office has determined that until
directed otherwise by the Board, these agreements be placed on the Consent Agenda for the
Board's review, approval and Chairman's signature.
FISCAL IMP ACT: This agreement defers $10,177 .64 in impact fees. Although it is expected
that the County will ultimately collect these deferred fees (generally upon the sale of the
residence), there is no guarantee as to if, or when, this would occur.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: The proposed Agreement is fully consistent with the intent
and purpose of Section 74-401 of the Code of Laws and Ordinances of Collier County.
STAFF RECOMMENDATION: That the Board approves and authorizes the Chairman to
sign the attached Lien Agreement for Deferral of 100% of Collier County Impact Fees for
Owner Occupied Affordable Housing Dwelling Units for Madeleine Joseph at Lot 132,
Independence, Phase II.
PREPARED BY: Frank Ramsey, SHIP Program Coordinator, Housing and Human Services
Retumto
Agenda Item No. 16D6
June 12, 2007
Page 2 of 5
Frank Ramsey
Collier Count}' HHS
3050 N. HOl"JCshoc Drive
Naples., FL 341D4
File# 07-072-IF
This space for recording
LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT
FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS
This Agreement is entered into this Ji. day of May, 2007, between Collier County. a
political subdivision of the State of Florida (COUNTY) and Madeleine Joseph (OWNER),
collectively stated as the "'Parties."
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is mutually acknowledged, the Parties agree as follows:
1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of
Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance"
(Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance
shalt apply.
2. The legal description of the dwelling unit is attached as Exhibit "A."
3. The term of this Agreement is from the date set forth above until the impact fee is repaid.
4. The amount of the impact fees deferred sball be paid to the COUNTY in full upon: a) the
sale of the dwelling unit; b) the refmancing of the dwelling unit; c) a loss of the homestead
exemption; or d) the first occmrence of any sale or transfer of any part of the affected real
property, and in any such event the deferred impact fees shall be paid in full to the COUNTY
not later then the closing of the sale, or not later then the effective date of the transfer. As set
forth in Exhibit "B," the amount of the deferred impact fees is Ten Thousand One Hundred
Seventy Seven and 641100 ($10.177.64), Repayment shall include any accrued interest.
Interest shall be computed at the rate of five percent (5%) per annum, but in no event shall it
exceed twenty-five percent (25%) of the total fee amount.
5. The deferred impact fees shall be a lien on the property described in Exhibit "'A," which lien
may be foreclosed upon in the event of non-compliance 'With the Ordinance or 'With this
Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall
terminate upon the recording of a release or satisfaction of lien in the public records of the
County. The deferrals of impact fees and this Agreement shall run with the land, and neither
the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise
conveyed. Except as provided by law, regardless of any foreclosure on the first mortgage or
other security interest, this lien shall otherwise be superior and paramount to the interest in
the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this
lien shall be on parity with any lien for County taxes.
6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record
any necessary documentation evidencing same.
7. In the event the OWNER is in default under the Ordinance or this Agreement, and the default
is not cured within 30 days after written notice is provided to the OWNER, the COUNTY
Agenda Item No. 16D6
June 12, 2007
Page 3 of 5
may, at its sole option, collect the impact fee amount in default as set forth in the Ordinance,
or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are
then in default and immediately due and payable. The COUNTY shall be entitled to recover
all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing
this Agreement, plus interest at the then maximum statutory rate for judgments calculated on
a calendar year basis until paid.
8. TIris Agreement is the sole agreement between the parties with respect to the subject matter
herein, and shall be binding upon the OWNER's successors and assigns in interest.
9. This Agreement shall be recorded in the official records of the County at no cost to the
COUNTY.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first
above written.
Attest:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORlDA,
By:
By:
JAMESCOLETTA,C~AN
, Deputy Clerk
n
. I
OWNER:
{';,/1 ,/"J-.(.,.., /~ \ " 0p lJ 4
;;;~~i~e J~S~P~ / ~ p. ~. \~ F \
/-~I
dA'1+u........
OWNER:
Witnessc~;, ;
'-r"1 Ice'CLe. '-ViI. L'Ll,.' eeL
Print Name\\\c\(": ,_' CY\, H \,.)e,rnJ.a
STATE OF FLORlDA)
COUNTY OF COLLIER)
The
2007, by
oregoino Agreement was acknowledged before me this / c/ day of If 1 t'lJvv .
, , j ~ / c, ~ Ie" who is personally known to me or has pWduced
as propf of identi:ty..
(;' / /,
'. 1../1/ /7
. i/~~ fUp~~
sita~/fPerson Taking Acknowledgment
[NOT ARlAL S MEl-ipOZA
-""""" AG S 00594441
~~~ M'lCOMM\~\1..11J\1J
~.I rXPlRI'S. '()IOOO'I""__C>>
"",,,,,J ~ F\.~
1$C>~.\CI'''''
Recommend Approval:
App
and a
/j~_~ J ~.~ -P
Marty Krumbine, MP A
Director
Collier County Housing and Human Services
ow
tant County Attorney
r
EXHIBIT "A"
Agenda Ilem No. 16D6
June 12, 2007
Page 4 of 5
LEGAL DESCRIPTION
Lot 132, Independence, Phase II, according to the plat thereof,
as recorded in Plat Book 43, Pages 64 through 66,
inclusive, of the Public Records of Collier County, Florida.
EXHIBIT "B"
~ACTFEEBREAKDOWN
Type of Impact Fee
A. EMS Impact Fee
Amount Owed
B. Correctional Facilities Impact Fee
$100.59
$113.53
$460.23
$935.00
$2,068.00
$1,778.00
$4,489.00
$150.24
$83.05
C. Library Impact Fee
D. Community Parks Impact Fee
E. Regional Parks Impact Fee
F. Scbool Board Impact Fee
G. Road Impact Fee
H. Government Buildings Impact Fee
1. Law Enforcement Impact Fee
TOT AL IMPACT FEES
$10,177.64
JAKApproved-"-"_
Item Number:
Item Summary;
MeetIng Date;
Page 1 ofl
Agenda Item No. 1606
June 12, 2007
Page 5 of 5
COLLIER COUNTY
BOARO OF COUNTY COMMISSIONERS
10D6
Recommendation that the Board at County Commissioners approves, and authorizes the
Chairman to sign. a lien agreement with Madelelr1e Joseph (Owlle(1 for deterral of 1000/0 of
Collier County impact lees foran owner-occupied affordable housing unillocaleda! Lot 132,
Independence. Phase II
6/12/20079.00.00AM
Director
Dale
Prepared By
Marcy Krumbine
Public Services
Hou",ing & Human Services
5118/200710:42:44AM
Director
Date
Approved By
Marcy Krumbine
pubhcServlces
Housing & Human Services
5/23/20078:00AM
Assistant County Attorney
Date
Approved By
JeffKlatzkow
County Attorney
County Attorney Office
5129/200710:05AM
Director
Date
Approved By
BarryWitliams
Public Services
Parl<s and Recreation
5129/200712:59PM
OMBCooruin..tor
Date
Approved By
OMBCoordinator
County Manager's Office
Office of Management & Budget
611!20079:22AM
Management & Budget Analyst
Date
Approved By
Sherry Pryor
County Manager's Office
Office of Management & Budget
6/1/20071:5SPM
JamesV. Mudd
County Manager
Date
Approved By
Boord of County
Commissioners
County Manager's Office
611120073:11 PM
file://C:\AlIendaTest\Fxnort\R4-.Tlme%?O 1? %2mJI07\ 1 n %?O(,()NSFNT%?OAGFNT1A \ 1 hO
.
h/M?OO?
Agenda Item No. 1607
June 12, 2007
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approves, and authorizes the
Chairman to sign, a lien agreement with Dieuseul & Marthe Mareus (Owners) for deferral
of 100% of Collier County impact fees for an owner-occupied affordable housing unit
located at Lot 87, Independence, Phase II.
OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the
Chairman to sign, the attached lien agreement with Dieuseul & Marthe Mareus for deferral of
100% of Collier County impact fees for an owner-occupied affordable housing unit.
CONSIDERATIONS: Article IV of Chapter 74 of the Code of Laws and Ordinances
established a program to defer impact fees for qualified affordable housing. Pursuant to this
program, an application for deferment was submitted by Dieuseul & Marthe Mareus, which
application, after staff review, was determined to quality for the program. Legal status has been
verified and documents are on file at the office of Housing and Human Scrvices. The property is
located in the Independence Phase II Subdivision in Immokalee.
The ordinance requires that a lien agreement be entered into with the applicant as a condition of
deferral of the impact fees. Section 74-401(3) of the Code authorizes the County Manager to
sign deferral agreements with applicants qualifying for impact fee deferrals for affordable
housing, which has long been the practice. The ordinance, however, gives the County Manager
discretion in whether to enter into the Agreement. Accordingly, in keeping with recent
discussion and direction by the Board, the County Attorney's Office has determined that until
directed otherwise by the Board, these agreements be placed on the Consent Agenda for the
Board's review, approval and Chairman's signature.
FISCAL IMPACT: This agreement defers $8,166.25 in impact fees. Although it is expected
that the County will ultimately collect these deferred fees (generally upon the sale of the
residence), there is no guarantee as to if, or when, this would occur.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: The proposed Agreement is fully consistent with the intent
and purpose of Section 74-401 of the Code of Laws and Ordinances of Collier County.
STAFF RECOMMENDATION: That the Board approves and authorizes the Chairman to
sign the attached Lien Agreement for Deferral of 100% of Collier County Impact Fees for
Owner Occupied Affordable Housing Dwelling Units for Dieuseul & Marthe Mareus at Lot 87,
Independence, Phase II.
PREPARED BY: Frank Ramsey, SHIP Program Coordinator, Housing and Human Services
Rewmte
Agenda Item No. 1607
June 12, 2007
Page 2 of5
Frank Ramsey
Collier COQPty HHS
J(J50 N. Horseshoe Drive
Naples, FL 34]04
File# 07-073-IF
This space rorrecording
LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT
FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS
This Agreement is entered into this Ii..- day of May, 2007. beffi'een Collier County. a
political subdivision of the State of Florida (COUNTY) and Dieuseul and Marthe Mareus
(OWNER), collectively stated as the "Parties."
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is mutually acknowledged, the Parties agree as follows:
1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of
Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance"
(Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance
shall apply.
2. The legal description of the dwelling unit is attached as Exhibit "A."
3. The term of this Agreement is from the date set forth above until the impact fee is repaid.
4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the
sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead
exemption; or d) the first occurrence of any sale or transfer of any part of the affected real
property, and in any such event the deferred impact fees shall be paid in full to the COUNTY
not later then the closing of the sale, or not later then the effective date of the transfer. As set
forth in Exhibit "B," the amount of the deferred impact fees is Eight Thousand One Hundred
Sixtv Six and 25/100 Dollars ($8.166.25), Repayment shall include any accrued interest.
Interest shall be computed at the rate of five percent (5%) per annum, but in no event shall it
exceed twenty-five percent (25%) of the total fee amount.
5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien
may be foreclosed upon in the event of non-compliance with the Ordinance or with this
Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall
terminate upon the recording of a release or satisfaction of lien in the public records of the
County. The deferrals of impact fees and this Agreement shall run with the land, and neither
the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise
conveyed. Except as provided by law, regardless of any foreclosure on the first mortgage or
other security interest, this lien shall otherwise be superior and paramount to the interest in
the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this
lien shall be on parity with any lien for County taxes.
6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record
any necessary documentation evidencing same.
7. In the event the OWNER is in default under the Ordinance or this Agreement, and the default
is not cured within 30 days after written notice is provided to the OWNER, the COUNTY
Agenda Ilem No. 1607
June 12, 2007
Page 3 of 5
may, at its sole option, collect the impact fee amount in default as set forth in the Ordinance,
or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are
then in default and immediately due and payable. The COUNTY shall be entitled to recover
all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing
this Agreement, plus interest at the then maximmn statutory rate for judgments calculated on
a calendar year basis until paid.
8. This Agreement is the sole agreement between the parties with respect to the subject matter
herein, and shall be binding upon the OWNER's successors and assigns in interest.
9. This Agreement shall be recorded in the official records of the County at no cost to the
COUNTY.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first
above written.
Attest:
DWIGHT E. BROCK., Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
By:
By:
JAMES COLETTA, CHAIRMAN
, Deputy Clerk
OWNER: ;'
(7- a I'.'..j.. < 1
\.J(.../i/\Jv
Dieuseul Mareus
. t-UJ00
OWNER:
/i ///-1 h' {J (1/1- r (Y/)
Marthe Mareus
G.c-Lu.
Witnesses: . A. /
'-fYJau.a-.-7 I 7. (JjJ.-UOA=
Print Name mar,'<.\.. OJ., !J.lv,,-rcul,
STATE OF FLORIDA)
COUNTY OF COLLIER)
. . /,;
The foregoing Agreement was acknowledged before me this d day of A ,!{:2Ct..-- .
2007, by /)-(!,.'\<(:~j1 ;:.h..,:.LI'(Iv'Ou',~ho is personally knOv,'rl to me or has p&duced
as "proofof id~ntity.
\'i 2l/L~~>zlz~py---
SignatUre of Person Taking Acknowledgment
[NOTARIAL SEAL]
ReC07"'end APp]Val:
)-~7 jC--.12
Marcy Krumbine;MPA
Director
Collier County Housing and Human Services
,
EXIllBIT . A"
Agenda Ilem No. 16D7
June 12, 2007
Page 4 of 5
LEGAL DESCRIPTION
Lot 87, Independence, Phase II, according to the plat thereof,
as recorded in Plat Book 43, Pages 64 through 66,
inclusive, urtbe Public Records of Collier County, Florida.
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type of Impact Fee
A. EMS Impact Fee
Amount Owed
B. Correctional Facilities Impact Fee
$100.59
$109.17
$192.37
$632.43
$631.40
$1,778.00
$4,489.00
$150.24
$83.05
C. Library Impact Fee
D. Community Parks Impact Fee
E. Regional Parks Impact Fee
F. School Board Impact Fee
G. Road Impact Fee
H. Government Buildings Impact Fee
1. Law Enforcement Impact Fee
TOTAL IMPACT FEES
$8,166.25
JAKApproved_I_I_
Item Number:
Item Summary:
Meeting Date:
Page 1 of 1
Agenda Item No. 1607
June 12,2007
Page5of5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16D7
Recommendation that the Board of COlmty Commissioners approves, and authorizes the
Chairman 10 sign, a lien agreemenl with Dleuseul & Marthe Mareus (Owners) for deferral of
100% of Collier County impacllees for an owner-occupied affordable housing unit located at
LoI87,lndependence, Phase II
6112!200790000AM
Director
Date
Prepared By
Marcy Krumbine
PubticServices
Hou!>ing& Human Services
5i18/200710:52:52AM
Director
Date
Appro\'ed By
Marcy Krumbine
Public Services
Housing &Human Services
5/23/20078:00 AM
Assistant County Attomey
Date
Approved By
Jeff Ktatzkow
County Attorney
County Attorney Office
5129/200710:04AM
Barry Williams
Director
O;n,
Appro\'ed By
Public Services
Parl<salld Recreation
5129120071,05 PM
Approved By
DMBCoordillator
County Manager's Office
DMBCaardillator
Date
Qfficeof Mallagement& Budget
6/1i20079:23AM
Sherry Pryor
Managemenl & Budget Analyst
Dale
Appro\'edBy
Counly Manager's Office
Office of Management & Budget
611/20073:04 PM
Approved By
J,1mesV, Mudd
BoardofCounly
Commis(;ionors
County Manager
Date
County Mal1ager's Office
6121200712JPM
file://C:\A!:!:endaTest\ExDort\84-June%20 12. 0/0202007\ 16. %20CONSENT%20AGENDA \ 160.. 6/6/2007
.
Agenda Ilem No. 16D8
June 12, 2007
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approves, and authorizes the
Chairman to sign, a lien agreement with Lemoine Moinius and Marie Moinius (Owners)
for deferral of 100% of Collier County impact fees for an owner-occupied affordable
housing unit located at Lot 8, Trail Ridge Naples.
OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the
Chairman to sign, the attached lien agreement with Lemoine Moinius and Marie Moinius for
deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit.
CONSIDERATIONS: Article IV of Chapter 74 of the Code of Laws and Ordinances
established a program to defer impact fees for qualified affordable housing. Pursuant to this
program, an application for deferment was submitted by Lemoine Moinius and Marie Moinius,
which application, after staff revicw, was determined to qualifY for the program. Legal status
has been verified and documents are on file at the office of Housing and Human Services. The
property is located in the Trail Ridge Naples subdivision.
The ordinance requires that a lien agreement be entered into with the applicant as a condition of
deferral of the impact fees. Section 74-401 (3) of the Code authorizes the County Manager to
sign deferral agreements with applicants qualifying for impact fee deferrals for affordable
housing, which has long been the practice. The ordinance, however, gives the County Manager
discretion in whether to enter into the Agreement. Accordingly, in keeping with recent
discussion and direction by the Board, the County Attorney's Office has determined that until
directed otherwise by the Board, these agreements be placed on the Consent Agenda for the
Board's review, approval and Chairman's signature.
FISCAL IMPACT: This agreement defers $12,143.84 in impact fees. Although it is expected
that the County will ultimately collect these deferred fees (generally upon the sale of the
residence), there is no guarantee as to if, or when, this would occur.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: The proposed Agreement is fully consistent with the intent
and purpose of Section 74-401 of the Code of Laws and Ordinances of Collier County.
STAFF RECOMMENDATION: That the Board approves and authorizes the Chairman to
sign the attached Lien Agreement for Deferral of 100% of Collier County Impact Fees for
Owner Occupied Affordable Housing Dwelling Units for Lemoine Moinius and Marie Moinius
at Lot 8, Trail Ridge Naples.
PREPARED BY: Frank Ramsey, SHIP Program Coordinator, Housing and Human Services
Return 10
Agenda Item No. 1608
June 12, 2007
Page 2 of 5
Frank Ramsey
Collier County HHS
30!iO N. Horseshoc Drive
Naples, FL34104
File# 06-091-IF
This spaee for reeording
LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT
FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS
This Agreement is entered into this /? day of May, 2007. between Collier County, a
political subdivision of the State of Florida (COUNTY) and .'Lemoine Moinius and Marie Moinius"
(OWNER), collectively stated as the "Parties."
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is mutually acknowledged, the Parties agree as follows:
1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of
Collier County, Florida. known as "The Collier County Consolidated Impact Fee Ordinance"
(Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance
shall apply.
2. The legal description of the dwelling unit is attached as Exhibit "A."
3. The term of this Agreement is from the date set forth above until the impact fee is repaid.
4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon; a) the
sale of the dwelling unit; b) the refmancing of the dwelling unit; c) a loss ofthe homestead
exemption; or d) the first occurrence of any sale or transfer of any part of the affected real
property, and in any such event the deferred impact fees shall be paid in full to the COUNTY
not later then the closing of the sale, or not later then the effective date of the transfer. As set
forth in Exhibit "B," the amount of the deferred impact fees is Twelve Thousand One
Hundred Fortv Three and 84/100 Dollars ($12,143.841. Repayment shall include any
accrued interest. Interest shall be computed at the rate of five percent (5%) per annum, but in
no event shall it exceed twenty-five percent (25%) of the total fee amount.
5. The deferred impact fees shall be a lien on the property described in Exhibit "~" which lien
may be foreclosed upon in the event of non-compliance with the Ordinance or with this
Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall
terminate upon the recording of a release or satisfaction of lien in the public records of the
County. The deferrals of impact fees and this Agreement shall run with the land, and neither
the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise
conveyed. Except as provided by law, regardless of any foreclosure on the first mortgage or
other security interest., this lien shall otherwise be superior and paramount to the interest in
the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this
lien shall be on parity with any lien for COlmty taxes.
6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record
any necessary d?cumentation evidencing same.
7. In the event the OWNER is in default under the Ordinance or this Agreement, and the default
is not cured within 30 days after written notice is provided to the OWNER, the COUNTY
Agenda Ilem No. 1608
June 12, 2007
Page 3 of 5
may, at its sole option, collect the impact fee amount in default as set forth in the Ordinance,
or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are
then in default and immediately due and payable. The COUNTY shall be entitled to recover
all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing
this Agreement, plus interest at the then maximum statutory rate for judgments calculated on
a calendar year basis until paid.
8. This Agreement is the sole agreement between the parties with respect to the subject matter
herein, and shall be binding upon the OWNER's successors and assigns in interest.
9. This Agreement shall be recorded in the official records of the County at no cost to the
COUNTY.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first
above \\Titten.
Attest:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
By:
By:
, Deputy Clerk
JAMES COLETTA, CHAIRMAN
Witnes,ses:
;1"/~?~
Print Name l
OW,.NER:
c~"1,r;.(;.C;7
Lemoine Moinius
!I/;~ i)(<<6
-::-...
~o?
Lt.:,> - i: '-~T
,..:2
~~; f"r-.u:......
O\VNER:
WAtnesses: (i ( 11
(,I . i1,-rl (i\ fJ_ U /1 '----'
P~t ame Yd (j',&.." l(.p,' (Q // _.
STATE OF FLORIDA)
COUNTY OF COLLIER)
,:/. ,&1 I
,,'<>:<i ""',;: /7/ :<' i 11/.,} <'
Marie Moinius
2007,
TIle foregoing Agreement was acknowledged before me this /!Jz. day of lei. ct.J'-f ,
by Le_MC,~t c /V\~,YC l\..1cLIl''''-_?, who is personally known to me or has produced
as proof of identity.
nl! /~: .
!;KL..( ll.L Ilj J ( Jj jJ j {!/e---------
(Jignature of Person Taking Ackhowledgmcnt f
~~X~JAL]
l_W"f/ '.\\ CO','MISS!(f';"DlWn~s
S.\ ".,., ,; ,c'<!'IRES' JUII'1", ~nlO
;; ,,"- , .,~.-,~,-"" \'y~l'.,
'--v~'; _ ._ 'v " '" "V,.-~...r,.."Vv"'"....~ "v~
Appr
and I
orm
Recommend Approval:
Marcy Krumbine, MP A
Director
Collier County Housing and Human Services
"/VV\i'.-"JVlr"",,,,,,,,,,,',"'iVVV...,'.;V,/",.;'.
I /~"\. Y,X,';!).'. H.IiERRSRA l
.~ "f\'((t'.f!d!~5!O~,,[Jll'7S~&,
':~,~{c" '^:''';';':::'~,~:~, I
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,
....._...~-~-----~._-------^-._---------~-
EXHIBIT" A"
LEGAL DESCRIPTION
Lot 8, Trail Ridge, according to the plat thereof,
as recorded in Plat Book 44, Pages71 through 77,
inclusive, of the Public Records of Collier County, Florida.
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type ofImpact Fee
A. EMS Impact Fce
B. Correctional Facilities Impact Fee
C. Library Impact Fee
D. Community Parks Impact Fee
E. Regional Parks Impact Fee
F. Educational Facilities System Impact Fee
G. Road Impact Fee
H. Government Buildings Impact Fee
I. Law Enforcement Impact Fee
J. Sewer Impact Fee
K. Water Impact Fee
TOTAL IMPACT FEES
JAKAppro"ed--.-!-1~
Agenda Item No. 16D8
June 12, 2007
Page 4 of 5
Amount Owed
$93.00
$59.80
$192.37
$561.70
$560.68
$827.00
$3,731.00
$150.24
$83.05
$3,]25.00
$2,760.00
$12,143.84
Item Number:
Item Summary:
Meeting Date:
Page I of 1
Agenda lIem No. 1608
June 12, 2007
Page 5 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
15D8
Recommendation that the Board of County Commissioners approvEls, and authorizes the
Ch.mman to sign, a lien agreement with Lemoine MOlnius and Marie MOinius (Owners} for
deferral of 100% of Collier County Impact fees for an Owner -occLJp'ed affordable hOUSing unit
located at Lot 8, Trail Riege ~japles
6/12/20079.0000AM
D~.
Prepared By
Frank Ramsey
Public Services
SHtPProgram Coordinator
Housing and Human Service$
5/23/20078:53:22AM
Date
Approved B}'
Marcy Krumbine
Public Services
Director
Housing & Human Services
5123120072:45 PM
D~,
Approved By
JeffKlntlkow
County Attorney
Assistant County At10rney
County Attorney Office
5/29/200710:02AM
Date
Approved By
Barry Williams
Public Services
Director
Parl<s and Recr"ation
5129120071:17 PM
Date
Approved By
OM8Coordinator
County Manager'sOlfice
OMB Coordinator
Office of ManagementS Budget
6/1/2007929AM
Date
AppruvellBy
Sherry Pryor
COlmly Manager's Office
Management & Budget Analyst
Office of Mllnagement& Budget
611120072:07PM
D".
Appro,'cd Ry
Jamps V. Mudd
Board of County
Cornmissionen>
County Manager
County Manager'sOmee
6/1/20076:31 PM
file://C:\AgendaT est\Export\84-June%20 12. %202007\ 16. %20CONSENT%20AGENDA \ 16D_. 6/6/2007
,
Agenda Item No. 16D9
June 12, 2007
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approves, and authorizes the
Chairman to sign, a lien agreement with Gaston Duperrier and Marie Duperrier
(Owners) for deferral of 100% of Collier County impact fees for an owner-occupied
affordable housing unit located at Lot 5, Trail Ridge Naples.
OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the
Chairman to sign, the attached lien agreement with Gaston Duperrier and Marie Duperrier for
deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit.
CONSIDERATIONS: Article IV of Chapter 74 of the Code of Laws and Ordinances
established a program to defer impact fees for qualified affordable housing. Pursuant to this
program, an application for deferment was submitted by Gaston Duperrier and Marie Duperrier,
which application, after staff review, was determined to qualify for the program. Legal status
has been verified and documents are on file at the office of Housing and Human Services. The
property is located in the Trail Ridge Naples subdivision.
~
The ordinance requires that a lien agreement be entered into with the applicant as a condition of
deferral of the impact fees. Section 74-401(3) of the Code authorizes the County Manager to
sign deferral agreements with applicants qualifying for impact fee deferrals for affordable
housing, which has long been the practice. The ordinance, however. gives the County Manager
discretion in whether to enter into the Agreement. Accordingly, in keeping with recent
discussion and direction by the Board, the County Attorney's Office has determined that until
directed otherwise by the Board, these agreements be placed on the Consent Agenda for the
Board's review, approval and Chairman's signature.
FISCAL IMPACT: This agreement defers $12,143.84 in impact fees. Although it is expected
that the County will ultimately collect these deferred fees (generally upon the sale of the
residence), there is no guarantee as to if, or when, this would occur.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: The proposed Agreement is fully consistent with the intent
and purpose of Section 74-401 of the Code of Laws and Ordinances of Collier County.
STAFF RECOMMENDATION: That the Board approves and authorizes the Chairman to
sign the attached Lien Agreement for Deferral of 100% of Collier County Impact Fees for
Owner Occupied Affordable Housing Dwelling Units for Gaston Duperrier and Marie Duperrier
at Lot 5, Trail Ridge Naples.
PREPARED BY: Frank Ramsey, SHIP Program Coordinator, Housing and Human Services
-
_._--,._._-----~--
-'---'._-"---~~-
Rtturnto
Agenda Item No. 16D9
June 12,2007
Page 2 of 5
FrankRllmsty
Collier County HHS
3050 N. Horseshoe Drive
NJ.ples,FL34104
File# 06-088-IF
Thissp.ce for rtcording
LIEN AGREEMENT FOR DEFERRAL OF IOO% OF COLLIER COUNTY IMPACT
FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS
This Agreement is entered into this ~ day of May, 2007, between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Gaston Duperrier and Marie
Duperrier" (OWNER), collectively stated as the .'Parties."
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is mutually acknowledged, the Parties agree as follows:
1. TIlls Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of
Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance"
(Ordinance). In the event of any conflict with this Agreement, the tenns of the Ordinance
shall apply.
2. The legal description ofthe dwelling unit is attached as Exhibit "A_1!
3. The term of this Agreement is from the date set forth above until the impact fee is repaid.
4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the
sale of the dwelling unit~ b) the refinancing of the dwelling uni~ c) a loss of the homestead
exemption; or d) the first occurrence of any sale or transfer of any part of the affected real
property, and in any such event the deferred impact fees shall be paid in full to the COUNTY
not later then the closing of the sale, or not later then the effective date of the transfer. As set
forth in Exhibit "B," the amount of the deferred impact fees is Twelve Thousand One
Hundred Fortv Three and 841100 Dollars 1$12,143.84). Repayment shall include any
accrued interest. Interest shall be computed at the rate of five percent (5%) per annUlll,. but in
no event shall it exceed twenty-five percent (25%) of the total fee amount.
5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien
may be foreclosed upon in the event of non-compliance with the Ordinance or with this
Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall
terminate upon the recording of a release or satisfaction of lien in the public records of the
COWlty_ The deferrals of impact fees and this Agreement shall run v.ith the land, and neither
the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise
conveyed. Except as provided by law, regardless of any foreclosure on the first mortgage or
other security interest, this lien shall otherwise be superior and paramount to the interest in
the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this
lien shall be on parity with any lien for County taxes.
6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record
any necessary d~cumentation evidencing same.
7. In the event the OWNER is in default under the Ordinance or this Agreement, and the default
is not cured within 30 days after written notice is provided to the OWNER, the COUNTY
may, at its sole option, collect the impact fee amount in default as set forth in the Ordinance,
or bring a civil action to enforce this Agreement, or declare that the deferred impacl fees are
Agenda Item No. 1609
June 12, 2007
Page 3 of 5
then in default and immediately due and payable. The COUNTY shall be entitled to reCOver
all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing
this Agreement, plus interest at the then maximwn statutory rate for judgments calculatcd on
a calcndar year basis until paid.
8. This Agreement is the sole agreement between the parties with respect to the subject matter
herein, and shall be binding upon the OWNER's successors and assigns in interest.
9. This Agreement shall be recorded in the official records of the County at no cost to the
COUNTY.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first
above written.
Attest:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
By:
By:
, Deputy Clerk
JAMES COLEIT A, CHAIRMAN
, Witnesses: ,~ ,--( ( _.f I
'-!;rj'rr:1t>..&<':.___ i:! /-:..jCjj,.r",-~:.(l~"
Print Name r: m.- /:-rK "//.1J a ril71.-<-d.':-
OWNER:
, ..-, /
f,(ra ,~q'1 r>;/fjlJ.f:j).'J/'C' A
'Gaston Duperrier /
OWNER:
)It' .sies: "
J W,f--''
(mnt Name i) M1:'() l~l..j~;>r'/'r,1/L,
UTA TE OF FLORIDA) -
COUNTY OF COLLIER)
'/,
11~
The foregoing Agreement was acknowledged before me this day of
2007, by , who is personally knQ\,vn to ~~ or has p duced
as pro fofidentity.
, '
j
~ 'e.7' .
'y; J:A./ / ..-': 0:5'I;;;'/I-d-
, ane Duperner
~{
~,,'V'-"r.' ,,_ , U H'RR'"
...,.... \\:,,"",'1:1 ,j. ,j... ~,-_
~'~iS~i. -., .y.._:."~i~;~;~~~'I;~(~S!'
':1NOT ARIAL S . .0 c.
\.1-, ~'~"-~-";'
:1.(j!A_~
ure of Person Taking Acknowledgment
Recommend Approval:
Jeffrey
Manag g
atzkow
sistant County Attorney
Marcy Krumbine, MP A
Director
Collier County Housing and Human Services
~./V.r.r..v....j''''''..r>/,^,\,;
J:w:' YGLA\D:', ;~_ i-JLRF.ERA
~ ~n ((I\:\'I';,i!')\,'.- W""~~.j:'
..~-)~~ FX!'I;(-"X ILJly r~;;lo
''''''-'-'Ol^", c, ~"";"";", ;"'"",,-,- (,
.
-_._------._~_.__._-------
EXHIBIT "A"
LEGAL DESCRIPTION
Lot 5, Trail Ridge, according to the plat thereof,
as recorded in Plat Book 44, Pages71 through 77,
inclusive, of the Public Records of Collier County, Florida.
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type of Impact Fee
A. EMS Impact Fee
B. Correctional Facilities Impact Fee
C. Library Impact Fee
D. Community Parks Impact Fee
E. Regional Parks Impact Fee
F. Educational Facilities System Impact Fee
G. Road Impact Fee
H. Government Buildings Impact Fee
J. Law Enforcement Impact Fee
J. Sewer Impact Fee
K. Water Impact Fee
TOTAL IMP ACT FEES
JAKApproved~_I_
Agenda Item No. 16D9
June 12, 2007
Page 4 of 5
Amount Owed
$93.00
$59.80
$192.37
$561.70
$560.68
$827.00
$3,731.00
$150.24
$83.05
$3,125.00
$2,760.00
$12,143.84
Item Number:
Item Summary:
Meeting Date:
Page 1 of 1
Agend~ Hem No. 1609
June 12, 2007
Page 5 of5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
1609
Recommendation that tile Board of County Commissioners approves, and authorizes the
Chairman to Sign, a lien agreement with Gaston Ouperrier and Mane Oupemer (Owners! for
deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit
located at LotS, Trail Ridge Naples
6112/20079.0000AM
Date
Prepared By
Frank Ramsey
Public Servi~es
SHIP Program Coordinator
Housing and Human Services
5/2312007 B:56:35 AM
Dale
Approved By
Marcy Krumblne
Public Services
Director
Housing & Human Services
5/23120072:45 PM
Date
Approved By
JeffKlatzkow
County Attorney
Assislant County Attorney
County Attorney Offi~e
5129/200710:01 AM
Date
Approvetl By
Barry Williams
Publi~ Services
DireC"lor
Parks and Recreation
5/29120071:31 PM
Date
Approved By
OMBCoordinator
COlJnty ManJger'sOlfice
OMBCoordinlltor
Office of Management & Budget
6/1I20079:3[jAM
Date
Approved By
Sherry Pryor
County Manag"'r'~ Office
Management & Budget Analyst
Offico of Management & Budget
6/1120[j72,13PM
Date
A.pproved By
Jam0SV. Mudd
Board 01 County
Commissioners
County Manager
County Manager's Office
6/2/20072:27PM
hl.../lr.\ A....,"",.:j.,T.."tl]::v,..,,,..,\Q:l T,,,,..OI..'}nl"l o/.,n'}nn'7\ 11'. o/_'}nrnl\.l.....r:;l\.lT(k'}(j^r:r:;l\.Tn^1 1t:n
I'. II'. nnn'7
.
Agenda Item No. 16D10
June 12, 2007
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation that the Board of Connty Commissioners approves, and authorizes the
Chairman to sign, a lien agreement with Manasse Fradeus and Martine Fradeus
(Owners) for deferral of 100'\;'0 of Collier County impact fees for an owner-occupied
affordable housing unit located at Lot 141, Trail Ridge Naples.
OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the
Chairman to sign, the attached lien agreement with Manasse Fradeus and Martine Fradeus for
deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit.
CONSIDERATIONS: Article IV of Chapter 74 of the Code of Laws and Ordinances
established a program to defer impact fees for qualified affordable housing, Pursuant to this
program, an application for deferment was submitted by Manasse Fradeus and Martine Fradeus,
which application, after staff review, was detennined to qualify fjx the program. Legal status
has been verified and documents are on me at the office of Housing and Human Services. The
property is located in the Trail Ridge Naples subdivision.
The ordinance requires that a lien agreement be entered into with the applicant as a condition of
deferral of the impact fees. Section 74-401(3) of the Code authorizes the County Manager to
sign deferral agreements with applicants qualifying for impact fee deferrals for affordable
housing, which has long been the practice. The ordinance, however, gives the County Manager
discretion in whether to enter into the Agreement. Accordingly, in keeping with recent
discussion and direction by the Board, the County Attorney's Office has determined that until
directed otherwise by the Board, these agreements be placed on the Consent Agenda for the
Board's review, approval and Chainnan's signature.
FISCAL IMPACT: This agreement defers $12,143.84 in impact fees. Although it is expected
that the County will ultimately collect these deferred fees (generally upon the sale of the
residence), there is no guarantee as to if, or when, this would occur.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: The proposed Agreement is fully consistent with the intent
and purpose of Section 74-40 I of the Code of Laws and Ordinances of Collier County.
STAFF RECOMMENDATION: That the Board approves and authorizes the Chairman to
sign the attached Lien Agreement for Deferral of 100% of Collier County Impact Fees for
Owner Occupied Affordable Housing Dwelling Units for Manasse Fradeus and Martine Fradeus
at Lot 141, Trail Ridge Naples.
PREPARED BY: Frank Ramsey, SHIP Program Coordinator, Housing and Human Services
,-
-~--~-- ~----~--
------~--
Return to
Agenda Item No. 16D10
June 12, 2007
Page 2 of 5
FrllnkRllmsey
CollicrCountyHI-IS
3050 N. lIorseshoe Drive
Naplcs,FL34104
File# 06-072-IF
Thisspllccforrecording
LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT
FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS
This Agreement is entered into this it: day of May, 2007, between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Manasse Fradeus and Martine
Fradeus" (OWNER), collectively stated as the '''Parties.''
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is mutually acknowledged, the Parties agree as follows:
1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of
Collier County, Florida, known as <.The Collier County Consolidated Impact Fee Ordinance"
(Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance
shall apply.
2. The legal description of the dwelling unit is attached as Exhibit "A"
3. The term of this Agreement is from the date set forth above until the impact fee is repaid.
4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the
sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead
exemption; or d) the first occurrence of any sale or transfer of any part of the affected real
property, and in any such event the deferred impact fees shall be paid in full to the COUNTY
not later then the closing of the sale. or not later then the effective date of the transfer. As set
forth in Exhibit .'8," the amount of the deferred impact fees is Twelve Thousand One
Hundred Forty Tbree and 841100 Dollars ($12,143.841. Repayment shall include any
accrued interest. Interest shall be computed at the rate offive percent (5%) per annum, but in
no event shall it exceed twenty-five percent (25%) of the total fee amount
5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien
may be foreclosed upon in the event of non-compliance with the Ordinance or with this
Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall
terminate upon the recording of a release or satisfaction of lien in the public records of the
County. The deferrals of impact fees and this Agreement shall run with the land, and neither
the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise
conveyed. Except as provided by law, regardless of any foreclosure on the first mortgage or
other security interest, this lien shall otherwise be superior and paramount to the interest in
the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this
lien shall be on parity with any lien for County taxes.
6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record
any necessary documentation evidencing same.
7. In the event the OWNER is in default under the Ordinance or this Agreement, and the default
is not cured within 30 days after written notice is provided to the OWNER, the COUNTY
Agenda Item No. 16D1 0
June 12, 2007
Page 3 of 5
may, at its sole option, collect the impact fee amount in default as set forth in the Ordinance,
or bring a civil action to enforce this Agreement, or declare that the deferred impact fees arc
then in default and immediately due and payable. The COUNTY shall be entitled to recover
all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing
this Agreement, plus interest at the then maximum statutory rate for judgments calculated on
a calendar year basis until paid,
8. This Agreement is the sole agreement between the parties with respect to the subject matter
herein, and shall be binding upon the O\VNER's successors and assigns in interest.
9. This Agreement shall be recorded in the official records of the County at no cost to the
COUNTY.
IN WITNESS \\THEREOF, the Parties have executed this Agreement on the date and year first
above written.
Attest:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
By:
By:
, Deputy Clerk
JAMES COLETTA, CHAIRMAN
OWNER:
A'I~se6' I /
/~e.t.J!-{/7;,-;-'1 ~LC(~
~1rint Name v;,i [Y1.rf'L. II.:! ,';' t.~
/
,~ ~y=~~~; .-:'
Manasse r raoeus ~
...-~.:>
",>
=:f"
OWNER:
WitJ).esses:
/;
// '/;--""""_._ .,:-)>'t.'.,-
Print Name it,-,>,/ /) 1"'^-
7&~;:;'~'"---~-=-~' '~
"",,,,- C,"-",,-,,_,,, I.
i;;/~~'~";'(-';'
"
Martine Fradeus
STATE OF FLORlDA) .,^""'''\. NOR\1A LORA.TREJcf~
COUNTY OF COLLIER) 'f\;.~f MY Q)M\1'Ss:m;" [)[J5Q')"J~ ;,
~"';.'t,":.~J '_.\,'~W,"u~"~'2'l,2G;O__ ~
The~O~egOingAgree#~~~t-;foremethis~daYOf /J:"!, , I ,
2007, by '1./1 Uf1U(--' <I. ,~'{:'r ",.,( r-r::~h.,'- \..--ho is personally known to me or has produced
, ,'-:<;,..,q t..-." ~'r asproofofidentity.
"^""^~""^"^""
$ j(;:;;' '!ORMA LO.il.A.1BEiO ~
~ ,'i!itf)iRJ.A,h'-l",,, 5
5":i~~-'~k"Y EXP;jl{~~:~~~~:;~~~~O~0 ~
~~"""---vv~_'VV'.-..r
.,
o form
cy:
Recommend Approval:
Iatzkow
ssistant County Attorney
Marcy Krwnbine, MP A
Director
Collier County Housing and Human Services
.
EXHIBIT "A"
Agenda Ilem No. 16010
June 12, 2007
Page 4 of 5
LEGAL DESCRIPTION
Lot 141, Trail Ridge, according to the plat thereof,
as recorded in Plat Book 44, Pages71 through 77,
inclusive, of the Public Records ofeollier County, Florida.
EXHillIT "B"
IMPACT FEE BREAKDOWN
Type of Impact Fee
Amount Owed
A. EMS Impact Fee
B. Correctional Facilities Impact Fee
C. Library Impact Fee
D. Community Parks Impact Fee
E. Regional Parks Impact Fee
F. Educational Facilities System Impact Fee
G. Road Impact Fee
H. Government Buildings Impact Fee
L Law Enforcement Impact Fee
J. Sewer Impact Fee
K. Water Impact Fee
TOTAL IMPACT FEES
$93.00
$59.80
$192.37
$561.70
$560.68
$827.00
$3,731.00
$150.24
$83.05
$3,125.00
$2,760.00
$12,143.84
JAKApproved-1--1_
Item Number:
Item Summary:
Meeting Date:
Page 1 of 1
Agenda Item No, 16010
June 12,2007
Page50fS
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16010
Recommendation that tile 80ard of County Comnlissioners approves and authorlz:es the
Chairman to sign, a lien agreement w,th Manasse Fradeus and Martine Fradeus !OWrlNS) tor
de1erral of 100% 01 Colher County Impact fees for an owner"occup,ed atlord8ble housing unil
located at lot 141 Tr<:lil F\ldge Naples
6/12/2007 fJ 00 OQt,M
Date
Prepared By
Frank Ramsey
Public Services
SHIP Program Coordinator
Housiflg and Humlln Services
5123/20079:00:03AM
Director
Dilte
Approved By
Marcy Krumbine
PublicService$
Housing & Human Services
5/23120072'48 PM
Dllte
Approved By
JeffKlatzkow
CountyAttom~y
A,,<sistant COUrlty Attomey
CounlyAttomey Office
51291200710:01 AM
Director
D~tc
Approved By
BarryWilli~m$
PublicSeNictls
Pnrks and Recr"~tion
5129120071:33PM
Dille
Approved By
OM8Coordinator
County Manager's OIfice
OMBCoordin<ltor
Office of Ma!lllgement & S...dget
6/1120079:.11 AM
Date
Approved By
Sherry Pryor
COllnty Manager's Olfice
Mlinilgement& BudgelAJlillyst
Of lice of Management & Budget
G/1120071.49PM
Date
Approved By
Michael Smykowskl
County Managerr,Office
Management & Budget Director
Office of Manilgell'lent & Budget
614120071:16 PM
Dale
Approved By
Jall'lesV. Mudd
B03rd of County
COmmis5ion"fs
County Manager
County Manager's Office
61412007152 PM
file:!/C: \AgendaTest\ExDort\84-June%20 12. %202007\ 16. %20CONSENT%20AGENDA \ 16D.. 6/6/2007
r
I'
Agenda Item No. 16E1
June 12, 2007
Page 1 of 4
EXECUTIVE SUMMARY
Recommendation to approve a budget amendment to Fund 516, Property and
Casualty Insurance to finalize the payment of property insurance claims related to
Hurricane Wilma and to recognize corresponding reinsurance recoveries in the
amount of $1,449,063.
OBJECTIVE: To gain approval from the Board of County Commissioners for a budget
amendment to Fund 516, Property and Casualty Insurance, to fund the payment of claims
expenditures related to Hurricane Wilma and to recognize expected reinsurance recoveries.
CONSIDERATIONS: The Risk Management Department administers a partially self-funded
property and casualty insurance program. The program includes excess property insurance
coverage to pay claims related to tropical storms, hurricanes, and wind related storm events. In
the FY 06 year, the program contained a self insured retention (deductible) of 2% per covered
building subject to a minimum of $100,000 per building and a maximum retention of $2,500,000.
Hurricane Wilma made landfall in Collier County on the morning of Monday, October 24, 2005.
As a result, the County incurred significant loss to insured property. The repair or replacement of
damaged property has been coordinated between the affected departments; the Finance
Department; and the vendors utilized to make needed repairs. Final repairs are being completed;
the claim payment process is being completed; and staff is requesting a budget amendment to
bring this process to closure.
~
The County's adjusting company, Johns Eastern, has estimated that approximately $1, 163,900
remains to be paid when all outstanding claims are adjudicated. Further, it is estimated that upon
completion of the claims adjudication process, the County will be owed approximately $1,449,063
in reinsurance proceeds.
Therefore, to process claims related to Hurricane Wilma in an efficient manner and to assure
proper coordination with FEMA requirements, it is recommended that a budget amendment be
approved to finalize the payment of outstanding Wilma claims. Risk Management will submit a
claim report to the Board documenting claims paid as part of Resolution 2004-15. Unused funds,
if any, will be returned to Fund 516, Property and Casualty Reserves.
FISCAL IMPACT: Funds are availabie in Fund 516, Property and Casualty Reserves and from
reinsurance proceeds for this purpose.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with
this item.
RECOMMENDATION: It is recommended that the Board approve a budget amendment to Fund
516, Property and Casualty Insurance, to fund the cost of claims related to Hurricane Wilma in the
amount of $1 ,449,000.
SUBMITTED BY: Jeffrey A. Walker, CPCU, ARM, Director, Department of Risk Management
~
Item Number:
Item Summary:
Meeting Date:
Page 10fl
Agenda Item No, 16E1
June 12, 2007
Page 2 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16E1
Approval ola budget amendment to Fund 516, Property and Casualty Insurance lofinaliza
lha payment of property msurance claims related [0 Hurricane \tIillma and 10 recognrz:e
corresponding reinsllrance recoveries in the amount of S1,449, 0133
6/12120079 00:00 AM
Prepared By
Jeffrey A. Walker. CPCU,
ARM
Administrative Services
RiSk Management Director
Date
Risk Management
51221200712:14:30PM
Date
Approved By
Jeffrey A. Walker, CPCU,
ARM
Administrative-Services
Risk Management Director
Risk Management
5122/20071214PM
SteveCamell
Purchasing/General SvcsDirector
Date
Approved By
Administrative Services
Pur~hasing
51Z9120078:45AM
Approved By
OMBCoordinator
County Manager's Office
OMS Coordinator
Dale
Office of Management 8; Budgel
&I112oo79:25AM
Laur<lDavisson
Management & Budget Analyst
DlIte
Approved By
County Manager's Officll
Office of Management & Budget
S/1I20074:26PM
Approved By
Michael Sll1ykowski
County Manager'sOffica
Management 8. Budget Dimctor
Date
Office of Management & Budget
6/4/20071:31 PM
County Manager
Dille
Approved By
James V Mudd
Board of County
Commissioners
County Manage(saffiee
614120073:57 PM
file://C:\AgcndaTest\Export\84-June%2012.%202007\ 16. %20CONSENT%20AGENDA \16E" 6/612007
BUDGET AMENDMENT REQUEST
Agenda Item No. 16E1
June 12, 2007
Page 3 of 4
For Budget/Finance Use Only
BA#...
JE#..
BAR#,.
A.P.H.Date..
Fund Number: 516
Fund Description: Property and Casualty Insurance
Date Prepared: OS/21/2007
Approved by BCC on: 06/12/2007
Attach Executive Summary
Item No.: 16E
Fund Center Title:
WBS Element Title:
Expense Budget Detail
Property and Casualty Insurance
FdCtrNo.: 121650
WBS No.:
(Provide the Fund Center or WBS element infonnation; it is not Teouired to nrovide both.)
Fund WBS Commit Commitment Item Increase Cu rren t Revised
Center Element Item Description (Decrease) Budl!:et Budl!:et
121650 645915 Insurance Claims 1,163,900 1.700,000 2,863,900
Net Change to Budget 1,163,900
Expense Budget Detail
Fund Center Title: Reserves
WBS Element Title:
FdCtrNo.: 919010
WBS No.:
(Provide the Fund Center or WBS element infonnation; it is not required to TOvide both.)
Fund WBS Commit Commitment Item Increase Current Revised
Center Element Item Description (Decrease) Budl!:et Budl!:et
919010 996400 Reserve for Pronerty 285,100 4,587,200 4,872,300
Net Change to Budget 285,100
Expense Budget Detail
Fund Center Title:
WBS Element Title:
(Provide the Fund Center or WBS element io[onoatioo" it is not required to provide both)
Fd Ctr No.:
WBS No.:
Fund WBS Commit Commitment Item Increase Current Revised
C enter Element Item Descrintion (Decrease) Budl!:et Budl!:et
Net Chauge to Budget
Agenda Item No. 16E1
June 12, 2007
Page 4 of 4
Fund Center Title:
WBS Element Title:
Revenue Budget Detail
Property and Casualty Insurance
FdCtrNo.: 121650
WBS No.:
(Provide the Fund Center or WBS element In oonation; it is not re ulred to provlde .)
Fund WBS Commit Commitment Item Increase Current Revised
Center Element Item Description (Decrease) Bud!!et Budget
121650 369300 Reimbursement for 1,449,000 0 1,449,000
Prior Year
Expenditures
. "
both
Net Change to Budget 1,449,000
EXPLANA nON
Why are funds needed?
To cover the cost of property insurance claims due to Hunicane Wilma.
Where are funds available?
From reinsurance recoveries.
REVIEW PROCESS
DATE I
OS/21/2007
Cost Center Director: JW
Division Administrator:
Budget Department:
Agency Manager:
Finance Department:
Clerk of Board Admin.:
Input bv:
B.A. No.:
Agenda Item No. 16E2
June 12, 2007
Page 1 of 4
EXECUTIVE SUMMARY
Recommendation to approve a budget amendment to Fund 518, Workers Compensation, in
the amount of $24,400 to provide online safety training to Collier County Staff.
OBJECTIVE: To gain approval of a budget amendment to Fund 518, Workers Compensation, in
the amount of $24,400 to provide online safety training to Collier County Staff.
CONSIDERATIONS: The Collier County Risk Management Department abides by all rules and
regulations for the establishment of a workplace free from recognized hazards, as established by
the Occupational Safety & Health Act of 1970 (OSHA). These rules and regulations are covered
in the Code of Federal Regulations (29-CFR), 1926 for Construction and 1910 for General
Industry. Each Department complies with OSHA's Code of Federal Regulations, as established
by the written safety and health programs produced by Risk Management and CMA #5902
Workplace Safety & Health.
In order to ensure compliance with these rules and regulations, instruction is provided to
employees by Collier County Risk Management staff. Collier County currently has two qualified
OSHA training instructors and over 2000 employees that need anywhere from 6 to 40 hours of
,safety-specific training each year depending on their exposure to work related hazards. To meet
these substantial training requirements and in accordance with OSHA's Code of Federal
Regulation requirements, accident trend analysis, and overall exposure to hazards, Online Safety
Training through Coast Training Technologies has been identified as a cost effective tool.
While Online Safety Training will not be the only form of safety training, it will meet core safety
training requirements and supplement ongoing training efforts by Risk Management Safety staff.
Those employees without computers or the skills to operate computers will be provided time in the
IT training room. Topics to be covered by this safety training include annual driver training, back
injury prevention, chemical safety, and office ergonomics.
FISCAL IMPACT: The cost for providing this training is approximately $24 per employee annually,
or $24,400 for FY 07. All costs will be initially charged to the Workers Compensation Fund (518),
with offsetting reimbursement revenue provided from the cost centers of the training participants.
Beginning in FYOB, costs for online safety training will be centralized in the Workers
Compensation Fund (518) budget.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with
this item.
RECOMMENDATION: That the Board approves a budget amendment to Fund 518, Workers
Compensation, in the amount of $24,400 for providing online safety training to Collier County
staff.
SUBMITTED BY: Michael Dock, Manager, Occupational Health and Safety
Item Number:
Item Summary:
Meeting Date:
Page 1 of 1
Agenda Item No. 16E2
June 12, 2007
Page 2 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16E2
ReCOll1mendation to approve a budget amendmentlo Flllld 518 Workers Compensation In
the arnount of $24.400 to provide online safety Iraining to Collier COllnty Staff
6112/20Q79:00:0QAM
Prepared By
Jeffrey A. Walker, CPCU,
ARM
Administrative Services
Risio:Management Director
Date
Risk Management
5/29f200710:00:28AM
Date
Approved By
Jeffrey A. Walker, CPCU,
ARM
Administrative Services
Risk Manllgement Director
Risk Managomtlnt
5129/200710:01 AM
SteveCameU
PurchasinglGeneral SvcsDirector
Date
Approved By
Administrative-Services
Purchasing
5131/20079:37 AM
Approved By
OMBCoordinator
CountyMan~ger'sOffice
OMB Coordinator
Date
O!'ficc of Management & Budget
611120079:4{1AM
Mana(Jement& Budget Ana!yst
Date
Allllrovell By
LauraDZl\!isson
County Manager's OffIce
Office of Management & Budget
6/1/200710:0g AM
Michael Smykowsk;
Management & Budge! Direclor
Date
Approvell By
County Manager's Office
Office of Management & Budget
!}j1l200712:28PM
Approved By
J111t1esV,Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
6/3/20073:52PM
file:! /C:\AgendaTest\Export\84-June%20 12,%202007\ 16. %20CONSEN'P'/o20AGENDA \16E... 6/6/2007
BUDGET AMENDMENT REQUEST
Agenda Item No. 16E2
June 12, 2007
Page 3 of 4
For Budget/Finance Use Only
BA#..
JE#..
BAR#..
A.P.H.Date...
Fund Number 518 Fund Description
Workers Compensation Fund
Date Prepared: OS/29/07
Approved by BCC on:
Attach Executive Summary
Item No.:
Fund Center Title:
WBS Element Title:
Expense Budget Detail
Workers Compensation
FdCtrNo.: 121630
WBS No.:
(If a Proiect, rovide the was element infonnation; iri1's for a non-project account, provide the fund center infonnation.)
Fund WBS Commit Commitment Item Increase Current Revised
Center Element Item Description ! (Decrease) Bud!'et Bud2et
121630 654360 Other training and $24,400 $9,500 $33,900
educational expenses
Net Change to Budget
$24,400
Expense Budget Detail
Fund Center Title:
WBS Element Title:
Fd Ctr No.:
WBS No.:
(If a Project, rovidc the was element infonnation; if it's for a non-project account, }rovide the fund center infonnation.)
Fund WBS Commit Commitment Item Increase Current Revised
Center Element Item Descriotion (Decrease) Bud!'et Budl!et
Net Change to Budget
,
Agenda Item No. 16E2
June 12, 2007
Page 4 of 4
Fund Center Title:
WBS Element Title:
Revenue Budget Detail
Workers Compensation
Fd CtrNo.: 121630
WBS No.:
(lfa Proiect, rovide the WBS element infolwation; if it's for a non-nroject account, provide the fund center infonnation.)
Fund WBS Commit Commitment Item Increase Current Revised
Center Element Item Description (Decrease) Budl!et Budget
121630 369802 Reimbursement ~ Current $24,400 $0 $24,400
Year Expenditure
Net Change to Budget
$24,400
EXPLANATION
Why are funds needed? Funds are needed to provide online safety training for Collier County
Employees.
Where are funds available? Offsetting revenue will be reimbursed from the Funds of training
participants.
DATE I
5/29/07
Cost Center Director: JW
Division Administrator:
Budl!et Department:
Agency Manal!er:
Finance Department:
Clerk of Board Admin.:
Input bv:
B.A. No.:
REVIEW PROCESS
Agenda Item No. 16E3
June 12, 2007
Page 1 of 45
EXECUTIVE SUMMARY
Report and Ratify Staff.Approved Change Orders and Changes to Work Orders to Board-
Approved Contracts.
OBJECTIVE: To enable the Board to oversee the execution of administrative change orders
and changes to work orders, and promote accountability in the use of staff authority.
CONSIDERATIONS: On April 22, 2003, the Board approved a recommendation to implement
a plan to enable changes to BCC-approved contracts (Section XIV. C, Collier County
Purchasing Policy) of not greater than 10 percent of the current Board approved amount or
$10,000 (whichever is greater) to be authorized by staff. Also included in the report are changes
to Work Orders. These include work orders issued under CCNA Contracts, which are less than
or equal to $200,000 (Section VII.C, Collier County Purchasing Policy), and changes to work
orders for all other contracts (Section XIV. G, Collier County Purchasing Policy) which are not
greater than 10 percent of the current Board Approved amount or $100,000 whichever is
greater. The Administrative report identifies the percentage changes, to contracts or work
orders, that have occurred since the prior BCC approved amount, which are below the threshold
limits as referenced above.
The plan calls for staff to submit a monthly report listing these change orders from the previous
reporting period. Enclosed is the monthly report of the Administrative Change Order and
Administrative Changes to Work Order Reports. These reports cover period April 17, 2007
through May 21,2007.
FISCAL IMPACT: The total change to contracts is a net reduction of $361,750.72. The total
change to work orders is $172,101.00.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with
this action.
RECOMMENDATION: That the Board of County Commissioners accepts the enclosed
Administrative Change Orders and Administrative Changes to Work Orders Reports and ratifies
the listed change orders and changes to work orders
PREPARED BY: Diana De Leon, Contract Technician, Purchasing Department
Item Number:
1temSummary:
Meeting Date:
Page 1 of 1
Agenda lIem No. 16E3
June 12, 2007
Page 2 of 45
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16E3
Report and Ratify Staft-Approved Change Orders and Changes to Work Orders to Bo<~rd-
ApprovedConlracls
6112/20078:0000AM
AdministrativeA:u.i$tant
Date
Prepared By
Diana DeLeon
Administrative Services
Purchasing
5/30120019:45:46 AM
Stave Carnell
Purctl11sing/General Svcs Director
Date
Approved By
Administrative Services
Purchasing
5131/20019:49 AM
Approved By
SteveCamell
AdministrafiveServices
Purchasing/Genera! $vcsOlrector
Date
Purchasing
5/31/20079:49 AM
OMS Coordinator
Date
Approved By
OMBCoordinator
County Manager's Office
Officaof Management & Budget
6/1I20079Af,AM
Management It Budget Analyst
Date
Approved By
L;,wraDllvissol1
County Manager's Olfice
Office 01 Managenlenl & Budgat
61112007 )c22PM
M<lnagemant 8. Budget Director
Date
Approved By
Michael Sn>ykowski
County Manllger'~ Office
Office of Management & Budget
Gl4I20071:0;1 PM
County Manager
Date
Approved By
JamesV. Mudd
Board of County
Commissioner!;
CountyMllnager's Office
6f4120076,SU PM
file'/Jr'\Ar!CndllTest\Fxnnrt\R4-June%2012 %20/007\ 1 () %20rONSFNf'OIn20A(;F.NDA \ 1 fiF.
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1-
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16E3 I
June 12, 2007
Page 10 of 45
PROJECT NAME: Collier County Fleet Facilities PROJECT #: 52009
BIDIRFP #: 06-3914 MOD #: .LPO#:4500061077 WORK ORDER #:
DEPARTMENT: Facilities Management
CONTRACTORIFIRM NAME: Wriaht Constlllctlon Grouo
OrigInal Contract Amount'
iO
$ 9,272,741.DO"
(Starting Point)
$ 9,272,741.C
(Last Total Amount Approved by the BCC)
10
$ 9,272,741.00"
(Including All Changes Prior To This ModificaUon)
J90~
Current BCC Approved Amount:
Current Contract Amount:
Change Amount:
Revised Contract!Work Order Amount:
$ (470,453.741
$ 8,802,287.36"O~
(Including This Change Order)
Cumulative Dollar Value of Changes to this Contract/Work Order: $ (470,453.74)
Date of Last BCC Approval 1111412006
Agenda Item # 10 J
Percentage of the change over/under current contract amount -5.07%
Formula: (Revised Amount / Last BCC approved amount)-1
Results and Actions: Contracts: If the change exceeds 10% of the current BCC amoun~ 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 BCe
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 infonnation regarding work order thresholds,
please refer to the Procurement Administration Procedures, Section IV.3.d.
CURRENT COMPLETION DATE (S):ORIGINAl: 111/2008 CURRENT: 1/1/2008
SUMMARY OF PROPOSED CHANGE (S): Direct Material Purchases
JUSTIFICATION FOR CHANGE IS): What value or benefit do these changes provide to the project? Tax Savings
PARTIES CONTACTED REGARDING THE CHANGE: Ron Hovell, Skip Camp,
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/Al
_X_ Proposed change Is consistent with the scope of the existing agreement
J_ Proposed change is in fact an addition or deletion to the existing scope
J_ Change is being implemented in a manner consistent with the existing agreement
_X_ The appropriate parties have been consulted regarding the change
_X_ Proposed prices, fees and costs set forth in the change are reasonable
;
Revised 10.24.2006
~~-"'.~..-'---'"'
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
PROJECT NAME:
LASIP ahase 1A
PROJECT It.
51101
Agenda Ilem#o. 16E3
June 12, 2007
Page 110145
BID/RFP #: 07-4075 MOD #: ----1-PO#:
4500077358
WORK ORDER #:
N/A
DEPARTMENT: Stormwater Manaaement
Original Contract Amount:
S 2.459.003
(Stal'tingPoint)
Current Bee Approved Amount:
$ 2.459.003
(Last Total Amount Approved by the BCC)
Current Contract Amount:
$ 2.459.003
(Including All Changes Prior To This Modification)
Change Amount:
$ 79.600.00
Revised Contract/Work Order Amount:
S 2.538.603
(Including This Change Order)
Cumul1ttive Dollar Value of Changes to this ContractIWork Order: $
79.600.00
Date of Last BCC Approval
Jan 23, 2007
Agenda Item #
ltem10G
Percentage of the change over/under current contract amount
Formula: (Revised Amount I Last Bee approved amount)-1
3.2t
%
Results and Actions: Contracts: If the change exceeds 10% of the CUrTeJ1l BCe amount, then Bce approval Is requlted: equal to or less than 10%
reported to Bce by the purchasing department. CCNA Work Orders: For all wont orders that exceed $90,000 where the change does not exceed 10%
or $10,000, these changes are reported by the Purchasing Department to the Bee admln16tratlvely. Changers 10 these won: orders lhat eXCHd !hose
thresholdS require prl(l( Bee approval. NON.eCNA Work Orders: If the change exceeds 10% of the cutl'ent BCC amount, then BCC apprnvells
required. If in doubt, contact your contract specialist For more specifiC Information regerdl~ work order thre$holds, please reler 10 the Procurement
Administration Procedures, Section IV.3.d.
COMPLETION DATE (S):ORIGINAL:
Seatember 30 2007 CURRENT: Seatember 30 2007
SUMMARY OF PROPOSED CHANGE (S): IdentIfy the changes. Stormwater mgl staff wishes to accept
the bid alternate (#1) of RFP 07-4750 to haul the dredged malertal offsite and deposit at a site suited
for stOckpiling and use by Collier County. prtce per yard remains as in the original bid @ $3.98/ yard
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? Th
Stonnwater Dept has lacated another County Department that can use the fill material. The Solid Wast
Department can utilize this material as daily cover at the Collier County Landfill. Staff believes this is a "best USE
scenario of the material for the County all-around.
PARTIES CONTACTED REGARDING THE CHANGE: Consultant. Stonnwater Deat Manaaement. Utilllle
Division Solid Waste Deoartment staff
IMPLEMENTATION STEPS (Verify each before proceeding with change usIng Y, N or N1A)
..::L Proposed change is consistent with the scope of the existing agreement
..::L Proposed change is in fact an addition or deletion to the existing scope
-..::L Change is being implemented in a manner consistent with the existing agreement
L The appropriate parties have been consulted regarding the change
l Proposed prices, fees and costs set forth in the change are reasonable
PROJECT MANAGER RECOMMENDATION: This form is to be signed snd dated.
Date:~7
Date: ~
APPROVED BY:
Pro'
REVIEW EO BY:..
Cont
Revised 3/29/06
0(/16/2007 16:37 FAX 2392135885
TRANSF RIGHTIWAY
Agenda Itelilb!all16E3
June 12, 2007
Page 12 of 45
3
CONTRACTIWORK ORDER MODIFICATION
CHECK1JST FORM
PROJECT NAME: ~::k"laJ"'\ SI'rlOI~~ PROJECT*; (Pqo8~1
\'bol :I::e
BIDlRFP#: Jjdol/ MOOill:.-J PO#: 'lS"",,",,::!<;"'7;;t WORK ORDER ill: nfR
DEPARTMENT: ITem CONTRACToRIFIRM NAMe:~ Jnc.
OrigInal Contract Amount: $ lJIDlr <b'8'3, '7 5
(StaI1Ing Point)
Current BCCApproVed Amount: cU!b'1.l6ii, '76 +-lOfo (f~ 783.8't) =$ Me'i;w77b3
(Last Total Amount Approved by th BCC)
Current Contract Amount: $ lID 111S 'll8 . '15
(Including All Changes Prior To This Modification)
Change Amount, $ I \ 1 W 35
Revised ContmctlWork Order Amount; $ L ~ \q J '5 d :3 , ""5
(Including This Change Order)
Cumulative Dollar Value of Cltangll9 to this ContractiWork Order: $..-!lJ ~ 31)
Date of Laat BCC Approval C\ ~ Olo Agenda Item # Iw B 15
Percentage of the change ovelfunder current contract .mount~ %
Formula: (Revised Amount! Last BCC apProved amQunt)-l
Results and Actions: Contracts: If the change exceeds 10% of the ourrent Bee amount. then Bee approval is required;
equal to or Ie$S than 10% reported to acc 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 eXCII8d those thresholds reqUil1l prior ,BCC
approval, NON-CCNA Work 0nIe1'8: If the change ext:eeds 10% of the currant BCC amoun~ then BeC approval is
required. If in dou~ contact your contract specialist. For more specffic Information regarding work order thresholds,
please refer to the Procurement AcImInlstralion Procedures, Section IV.3.d.
CURRENT COMPLETION DATE (S):ORlGlNAL: ~CURRENT: ~I.a I Df
SUMMARY OF PROP~ED CHANGE (SI: Identify the changes. ~ U s.~ O~ -9i iYI \ t\l\ 1/1"~!'. .fnr..
'o..c;-h.,il-l- n~ndi.:Y',.,nS.
JU n leA ON FOR CHAN E (~ : Whatv.a'~ Of" be efitdo these changes provide to the project? ^~'U,s/rrv;Q-
- LJ. ~
PARTlESCONTACTEOREGARDINGTHECHANGE: fh3urJ:~! /J::,s~ner, 6JrrIraJo"
IMPLEMENTAll0N STEPS (Verify OlIch before proceeding with change uslng Y, N or N/AI
~ Proposed change is consistent with the scope of the existing agreement
Proposed cf1ange is in fact an addition or deletion to the existing scope
Change is being Implemented In a manner consistent wtllt the existing agreement
Yh The appropriate parties have been consulted regarding the change
* Proposed prlces. fees and costs set forth in Ilte change are reasonable
PROJECT MANAGE END 11 bl to be signed anof dated.
Data:
APPROVE BY:
p
REVIEWED BY:
Contract Specialist
Revised 10.24.2006
ate:
~.-,-,-,
CONTRACT/WORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16E3 LI
June 12, 2007 - (
Page 13 of 45
PROJECT NAME: Goodlette-Frank Wideninq Golden Gate Parkwav to Pompei Ln. PROJECT #: 60005
BID/RFP #: 05-3851 MOD #: ..L-PO#: 4500048619 WORK ORDER #: N.A.
DEPARTMENT: Transportation Enqineerinq and Construction Manaoement
Carlo. Inc.
CONTRACTOR/FIRM
NAME:John
Original Contract Amount:
$ 15,800.000.00
(Starting Point)
$ 15.800.000.00
(Last Total Amount Approved by the BCC)
$ 15.499,950.00
(Including All Changes Prior To This ModifICation)
Current BCC Approved Amount:
Current Contract Amount:
Change Amount:
$ 0.00
$ 15.499.950.00
(Including This Change Order)
Revised ContmctlWork Order Amount:
Cumulative Dollar Value of Chenges to this ContractIWork Order: $
-300.050.00
Date of Last acc Approval June 28, 2005
Agenda. Item #
100
%-I.qo %
Percentage of the change over/under current contract amount
Formula: (Revised Amount I Last BCC approved amount)-l
Results and Actions: Contracts: II the change exceeds 10% 01 the current BCC amount, then BCC approval is required;
equal to or less than 10% reported to BCC by the purchasing department. eCNA 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: II the change exceeds 10% 01 the current BCC amount, then BCe approval is
required. If in doubt, contact your contract specialist. For more specific inlonnation regarding work order thresholds,
please refer to the Procurement Administration Procedures, Section IV.3.d.
~'.
CURRENT COMPLETION DATE (S):ORIGINAL: December 1, 2006 CURRENT: ADriLW, 2007
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. 999-024 Added conflict structure at Station
299+80: 999-025 Added item to compensate contractor for regarding ditch on west side of proiect: 999-020B
Added to Day for the cost of new 24" Reuse Pipe at Ohio Drive; WM 4 F&I 16" PVC Push-on-joint WM Pipeline
Deducted 227.273 LF to cover cost of contract increases' PA-l Pro'eet Allocations Deducted $ 747. to cover
cost of contract increases. (.
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the proJect?999-024 Needed
due to conflict wtth existino CiN Raw waler and Force Mains in conflict with proDosed drainaae: 999-025 Needed due to
reali~nment of Droposed draina~e system that eliminaled two water lines that would have covered the cost 01 reoardino the
ditch' 999.020B Needed to cover the cost of the DiDe used to realionment the City's Re-use main that was in conflict with the
orooosed drainaoe Dioe: WM 4 F&I 16" PVC Push-on-ioint W M Pioeline Needed to cover new line items cost: P A-1 Needed
to cover new line ttems cost.
PARTIES CONTACTED REGARDING THE CHANGE: MarlY Nuiiens (John Carlo. Inc.): Michael Jordan and Chris libbY
(PBS&J): Georoe Archibald and Jim Hurlev ICitv of NaDles): Steve Ritter and Jay Ahmad (Collier Countv TransDortation)
IMPLEMENTATION STEPS (Verily each before proceeding with change using Y, Nor NlA)
..:L. Proposed change is consistent with the scope of the existing agreement
..:L. Proposed change is in fact an addition or deletion to the existing scope
..:L. Change is being implemented in a manner consistent wtth the existing agreement
..:L. The appropriate parties have been consulted regarding the change
Revised 10.24.2006
r
APPROVE BY:
P- .
REVIEWED BY,. .
Revised 10.24.2006
Agenda Item No. 16E3 A~
June 12, 2007 "'1
Page 14 of 45
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16E3
June 12, 2007
Page 15 of45
s-
PROJECT NAME: South Marco Beach RenourlshmentlCaxambus Pass Dredaina PROJECT #: 905001
+'5"00<> "1?'>1 "8 If>
BIDIRFP #: 06-3925 MOD #: LPO#: 4500066630 CONTRACT #: 06-3925
DEPARTMENT: Coastal Zone Manaaement CONTRACTORIFIRM NAME: Subaaueous Services. Inc.
Original Contract Amount: $1.581.400.00
(Starting Point)
Current BCC Approved Amount: $ 2.263.400.00
(Last Total Amount Approved by the BCC)
Current Contract Amount: $ 2.262.273.26
(Including All Changes Prior To This Modification)
Change Amount:
Revieed ContractIWork Order Amount:
$
o
$ 2.262.273.26
(Including This Change Order)
Cumulative Dollar Value of Changes to this ContractIWork Order: $680.873.06
Data of Last BCC Approval 11/14/06 Agendaltam # 16Fl
Percentage of the change over/under current contract amount,&% - ,0) 6(0
Formula: (Revised Amount / Last BCC approved amount)-l
Results and Actions: Contracte: 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 wor1< 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 doub~ contact your contract specialist. For more specific infonnation regarding work order threshoids,
please refer to the Procurement Administration Procedures, Section IV.3.d.
CURRENT COMPLETION DATE (S):ORIGINAL: 116/2007 CURRENT:-1161298'1- <..5(;/1.2...110 7 ~
SUMMARY OF PROPOSED CHANGE (5): Identify the chanaes. Extend time of contraclto 511/2007
JUSTIFICATION FOR CHANGE (SI: What value or benefit do these changes provide to the project? Weather
conditions made it necessarY to extend the time needed to comD'ete this Droiect.
PARTIES CONTACTED REGARDING THE CHANGE: Linda Best. Garv McAloin. Lance Youno
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N1A)
_ Y _ Proposed change is consistent with the scope of the existing agreement
_ Y _ Proposed change is in fact an addition or deietion to the existing scope
_ Y _ Change is being implemented in a manner consistent w~h the existing agreement
_ Y _ The appropriate parties have been consu~ed regarding the change
_ Y _ Proposed prices, fees and costs set forth in the change are reasonable
Date:
Date:
Revised 10.24.2006
r
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16E3
June 12, 2007
Page 16 of 45
f-,
- PROJECT NAME: Collier County Seven Story Addition Annex PROJECT #: 52533-3
SID/RFP #: 04-3576 MOD #: LPO#:4500025867 WORK ORDER #:
DEPARTMENT: Facilities Management
CONTRACTOR/FIRM NAME: Kraft Construction
Original Contract Amount:
$ 20,649,800.00
(Starting Point)
$36,685,528.00
(Last Total Amount Approved by the BCC)
Current SCC Approved Amount:
Current Contract Amount:
$33,909,166.54
(Including All Changes Prior To This Modification)
Change Amount:
I Revised ContractlWork Order Amount:
$ (179,260.84)
$33,729,905.70
(Including This Change Order)
Cumulative Dollar Value of Changes to this ContractIWork Order: $13,083,105,70
Date of last BCC Approval 11/14/06 Agenda Item # 10 F
Percentage of the change over/under currimt contract amount -8.06%
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: Not yet established CURRENT: Not yet established
SUMMARY OF PROPOSED CHANGE (S): Direct Material Purchase
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? Tax Savings
PARTIES CONTACTED REGARDING THE CHANGE: Hank Jones, Ron HoveJl, Linda Jackson Best, Skip Camp
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A)
_X_ Proposed change is consistent with the scope of the existing agreement
_X_ Proposed change is in fact an addition or deletion to the existing scope
_X_ Change is being implemented in a manner consistent with the existing agreement
_X_ The appropriate parties have been consulted regarding the change
_X_ Proposed prices, fees and costs set forth in the change are reasonable
APPROVE B
Date:
- REVIEWED
Date:
Revised 10.24,2006
Agenda Item No. 16E3 7
June 12, 2007
Page 17 of 45
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
PROJECT NAME: SherIII's SDecial ODenItions Buildlno PROJECT #: 52002
BIDIRFP': 0~2S
MOD #: 1
Pot: 4600073809
WORK ORDER II: NlA
DEPARTMENT: Facilities Manaaement
CONTRACTORIFIRM NAME: Vandeml" Bav Construction
CD........ Bee ApJll1lW"l Amcnmt:
S 10,250,26\).00
(SlartiDg Poinl)
S 10,250,26\).00
(Last Total Amount Approved by the Bce)
S 10,250,26\).00
(lncluding All ChaDg<:s Prior To 'Ibis Mnrl;fk.tion)
OrigilUll CoBtrad Amount:
CDrreut Contnct Amount:
CIuuage Amoaat:
lIevioed ContractlWork Order AmOllllt:
S 5,6lI1.65
S 10,25S,ll52.65
(Including This Olange Order)
CDmulatmo Dollar Value of Changes t6 this CootnctJWork Order: S 5,683.65
Date of Last BCC Approval: October 24, 2006 Agenda Item II: 10B
.0(" 0(,
Percentage of the change over/under current conlnlct amount -JlM%
Formula: (Revised Amount / Last BCC approved amount)-l .
Results and Actions: Conlnlcts: If the change exceeds 10% of the current ace amount, then BCe approval Is required:
equal to or less then 10% reported to BCC by the purchasing department CCNA Work orders: For all work orders that
exceed $90,000 where the change does not exceed 10% or $10.000, these changes are reported by the Purchasing
Department to the acc admlnistratlvely. Changers to these work orders that exceed those threshoids require prior BCC
epproval. NON-CCNA Wort< 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 specffic infonnaUon regarding work order thresholdS,
please refer to the procurement Administration Procedures, Section IV.3.d.
CURRENT COMPLETION DATE (S): ORIGINAL: 3122108
CURRENT: 3/22108
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. To Drovide additional conduit and underaround Dice for
future Dower and access control to the two entrance swino Dales to 1he north of the dumDster and one slidino oate orovidlno
access to the aoron.
JUSTIFICATION FOR CHANGE (5): What value or benefit do these changes provide to the project? The aates are
currenUv d-nned to be manuallY ooereted and 1hls chanoe win anew motorized oates to be added at a later date for a
minimal cost.
PARTIES CONTACTED REGARDING THE CHANGE: Lvn Wood Blake Thomas. Mike Mackenzie
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or NlA)
Y Proposed change Is consistent with the scope of the existing agreement
Y Proposed change Is in fact an addition or deletion to the existing scope
Y Change is being Implemented in a manner consistent with the existing agreement
Y The approprlate parties have been consuKed regarding the change
'l! Proposed prlces, fees and costs set forth In the change are reasonable
CONTRACT/WORK ORDER MODIFICATION
CHECKLIST FORM
PROJECT'N~E~ Immokalee Road Widenino (US 41 to 1-75l PROJECT If: 66042B
v
BIDfRFP If: 05-3788 MOD If: LPOIf: 4500044405 WORK ORDER #: N.A.
DEPARTMENT:Transoortation Enoineerino and Construction Manaaement CONTRACTORIFIRM NAME:John Carlo,
Inc.
Agenda Item No. 16E3
June 12, 2007
Page 18 of 45
-g
Original Contract Amount:
$ 26.947.099.43
(Starting Point)
$ 26.947.099.43
(Last Total Amount Approved by the BCe)
$ 27.404.646.39
(Including All Changes Prior. To This Modilication)
$ 17.554.98
$ 27.422.201.37
(Including This Change Order)
Current BCC Approved Amount:
Current Contract Amount:
Change Amount:
Revised ContracllWork Order Amount:
Cumulative Dollar Value of Changes to this ContracllWork Order: $
475,101.94 V
Date of Last BCC Approval March 8, 2005
Agenda Item #
10C
./
Percentage of the change over/under current contract amount
Formula: (Revised Amount! Last BCC approved amount)-l
Resulls and Actions: Contracts: If the change exceeds 10% 01 the current BCC amount, then Bce approvai is required;
equal to or less than 10% reported to Bce 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 Bce
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.
1.7"
%
CURRENT COMPLETION DATE (S):ORIGINAL: November 18, 2007 CURRENT: February 17, 2008
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. 102-81E Impact Attenuator Repair: 999-037
Removal of Boulders: 999-038: Removal of exsiting wood poles (FPL): 999-039 Repair damaged sidewalk (FPL):
999-040 Conflict with storm drain pipe crossing at station 1144+00: 999-041 Conflict with stann drain crossing at
station 1130+00: 999-034 Additonal Excavation to locate exsiting 16" water main; 999-035 Casing for traffic
signal drill shaft at Airport Pulling; 999-036 4" Force Main Tie-in: 999-042 6" Force Main Line Stop: 999-043
Installation of three 4" check valves on Force Mains: 999-044 Installation of 6" check valve on Force Main.
v
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? 102-81 E Due to
veh.icie damaQe: 999-037 Conflicted with Utilitv installation: 999-038 FPL failed to remove poles that conflicted wllh
proposed Utility installation: 999-039 FPL failed to repair sidewalk that they damaoed and was a safetv hazard: 999"()40
Needed 10 eliminate conflict with Storm Drain crosslno: 999-041 Needed to eliminate conflict with storm drain crossino: ggg_
034 Needed due to existina water main not where shown on plans or where marked by Locates: 999-035 Needed to protect
existinq Force Main while installinQ traffic sianal mast arm foundation: 999-036 Needed to connect force Main to lateral: 999-
042 Needed to shut down existinQ force main to facilitate the removal of abandoned section: 999-043 As reQuired by PUED:
-- 999-044 As recuired bv PUED.
PARTIES CONTACTED REGARDING THE CHANGE: Steve Stevens and Charles McCleaf (John Carlo, Inc.): Chris Libby
(PBS&J): Fred Sexton and Ron Dillard (Collier Counw rUED): Steve Ritter and Jav Ahmad (TECMl.
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, Nor N/A)
l Proposed change is consistent with the scope of the existing agreement
Revised 10.24.2006
.:::L Proposed change is in fact an additlon or deletion to lha existing scope
.:::L Change is being Implemented In a manner consistent with the existing agreement
.:::L Ttl,e appropriate parties have been consulted regarding the change
.:::L Propotea priclls. fees and costs set forth In the change Bre reasonable
PROJECT MANAGE
APPROVE BY:
p
REVIEWED BY:
enact Specialist
Revised 10.24.2006
r
I'
Agenda Item No. 16E3 1'(
June 12, 2007
Page 19 of 45
CONTRACTIWORK ORDER MODIFICAnON
CHECKLIST FORM
PROJECT NAME: TrA",,/<:.""; J.J~lls (-;;7 Eltrlr/caJ ~P:1racbPROJECT#: '7ID3'ir/i
BIDIRFP#, ()('-J'!~7 MOD#:~PO#: "l50006t311 WORK ORDER #: N'M
DEPARTMENT: P fA E ])
Agenda Item No. 16E3
June 12. 2007
Page 20 of 45
1
CONTRACTORIFIRM NAME: E. B. Si""",,01'.Js E/edr'"c"":Z~t,
00
Original Contract Amount: $ SO~. LlSD. -
(Starting Point) .
5?
Current BCC Approved Amount: $ .'>0 ~ L/ 50,
(Last Total Amount Approved by the BCC)
W-
Current Contract Amount: $ 508., LfSO.
(Including All Changes Prior To This Modification)
Change Amount: $ ~"5:bOO. ~ ('-',of at ChGl."'5e)
$.
RevisedContractlWorkOrderAmount: $ 536. '1S0.
(Including This Change Order)
~
Cumulative Dollar Value of Changes to this ContractlWork Order: $ ;). '3; 5'CO.
Date of Last BCC Approval
~S-/o6
Agenda Item #
16 C B
5.6/
%
Percentage of the change over/under current contract amount
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 $1 0,000, t~ese changes are reported by the Purchasing
Depar!ment to the BCC administratively. Changers to these work orders tIlat exceed those thresholds require prior BCC
approval. NON-CCNA Work Orders: If the change exceeds 10% of the current Bce amoun~ then BCC approval is
required. If in doubt, contact your contract spacial/st. For more specific information regarding work order thresholds,
please refer to the Procurement Administration Procedures. Section IV.3.d.
CURRENT COMPLETION DATE(S): ORIGINAL: 7/0;)107 CURRENT:
,) R,,""'....cJ of
SUMMARY OF PROPOSED CHANG (5): Identify the changes
("1:\ ,^i~ "ts te wi re ni..\ N, d 'r dive 1+ cio. r'f it
1000..<!J1 c-edi-t). ;;J Pro";s'."..... '" INl4l1",'b"", . ",1>0';"'-5"''"' r"llhoxe> to SVoff'''o<\ ,""i$t'''~ b~r;'" } fer-
\ JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? .5;""""IIli~ e..,kJt7l111.
I) ~viatjo" .froM or" i"4\ de.st i'\ hc:ue "rGtcLlc~l~ u-tlo'\ c. llt ertt i J"I'Wre M.a'jI\ti\;~ ~ .J ':J-otJ - H-IJI'
c:,,..,, ol\e,- S. ;) Ctl t c'irt. t'l't ;t~ f) r VI l:'r is(.over d E.
wc,..l::. -OUbSI"d.e. bo:C>.~ .$cc>p.e... ik.}t oAly ~t1JIo\.e! Q ~ un~ ~'\5tI"'(.Ac.:iol'\. WI I'\.. bcue. J.CfJf~
PARTIES CONTACTED EGARDING THE CHANGE: E /3 5il'1H1ond E,,, IC",! 11 111"'''' rs
o . ,. Cow-i A1-cJ,.,,,, i^ De. U i C u (J", "
II'y'IPLEMENTATION TEPS (Verify ea h before procee Ing with change using Y, N or N/ )
'f Proposed change Is consistent with the scope of the existing agreement
~ Proposed change is in fact an addition or deletion to the existing scope
Change is being implemented in a manner consistent with the existing agreement
The appropriate parties have been consulted regarding the change
Y Proposed prices, fees and costs set forth in the change are reasonable
vi6A7
.5feci"\\ed;2<?$l!i~
h~""le
APPROVE BY:
REVIEWED BY:
Contract Specialist
Revised 10.24.2006
Date:
Date:
5.//(07
Cb,., I CONTRACTIWORK ORDER MODIFICATION
...."''JI.€-~ )fa.~- C1iECKLlSTFORM
PROJECT NAME: e..L- - \-'18 t1",bh- f/-a fL PROJECT #: .f1:....o r:J=-
=1 4$600-
B1D1RFP .:05-~WG MOD': POIJ: 501 6'1 WORK ORDEU:
DEPARTMENT:~ ~ K~, CONTRACTOR/FIRM NAME: SAtJD. ~IO,J~
Agenda Item No. 16E3
June 12, 2007
Page 21 of 45
/0
OrIginal ContIact Amount: $~. 0<00. :;..-
(Starllng'PoInt) o?;!
Current BCC Approved Amount: $ \~, ~. ;;.0-
(Last Total Amount Approved by the BCC)
,...-nt ..--- Amount: $ t ; 0.. '?a" C D:;!
....."v .....'u..... (Includingt.{,4 ~es Prior To This Modlflcallon)
Change Amount: $ ~
Revised ContractJWork Order Amount: $ l & 9 ~ . f!!!-
(Including ft,1s Chenge Order)
Cumutetive DoIler Value of Changea to Chla ContIactlWork 0nI8r: $-\..4 ,.37~-
DaI8 of Last BCC Approval 1\. z,.q. 06 Agenda !tam' L(... D.-z...
Pen:entege of the change overfundar current conlnlct lUIIOUnt CI. q !!> %
Formula: (Revised Amount I Last Bce approved amount)-1
Results and Acllons: Contracts: If the change ~ 10% of the CUIT8IIt BCC amount, then BeC approval Is required;
equal to or less than 10% reported to BCC by the purchasing department. CCNA Work Ordenl: 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
Depaltmenlto the BCC administratively, Changers to these WOl1\ orders that exceed those thresholds require prior BeC
approval. NON-CCNA Work Orders: If the mange exceeds 10% of the CUlI'eIIl BCC amount. then BCC approvai Is
required. If in doubt. contact your contract specialist. For more specific Information regarding work order thresholcls,
please refer to the Procurement Adminlslrellon Procedures. section 1V.3.d.
CURRENT COMPLE110N DATE (S):ORlGlNAL: 0'2;>:1....-;.0 ":f- CURRENT: 0<;'. lC, 01-"-
SUMMA/rr OF PRO~OSED CHANGE (51: identify the changes. ~.........JE. Tb CJ>LI-n:>~
c..a-I~~ ~ .
JUSTl~~R CHANG~ ~ vaJ.;r. or benefit do these changes provide to the project? 1"1>
~ ~~bj ~o~..'!? ~~<.(~D
PARTlESCONTACTEDREG DING CHANGE: "5~ ~.^_l
V ~ . l~~~'
I LEMENTATION STEPS (Ve each before proceecllng with change using Y, Nor NlA)
P,oposed change Is consistent with tha scope of tha exlsllng agreement
Proposed change Is In fact an addition or deletion to the existing scope
Change Is being implemented In 8 manner consistent wtlh the existing agreement
The appropriate parties have been consuUed regarding the mange
Proposed prices, fees and costs set forth in the change are rellSOnable
ENDATION: ThIs tonn is to be signed and d8ted.
APPROVE BY:
p
REVIEWED BY:
Dale:
o'?-ol.O.:r
~/L~?
I '
DIlle:
.
I'
PROJECT NAME:G;fdrJ;;=..tJ t.:l~
BlDlRFP~~:;' MOD f#: L
DEPARTMENT::r~S 4 Ra.:::..
CONTRACTIWORK ORDER MODIFICATION
CHECKl/STFORM
F.-d-1M. ~. PROJECT#: ~
POt/: L.j{t:xiJ5JJ1J. WORKORDERt/:
CONTRACTORIFIRM NAME:f:>~ NtJA-, DJC.
Agenda Item No. 16E3 /1
June 12, 2007
Page 22 of 45
OrIgInal contract Amount:
$ ~lql~'~
(starting oint)
$ ~19. "'~ ~
(Last ToI8J Amount Approved by the BeC)
$ ?f&f. G;.oo. ~
(I ncfud!ng AU Changes Prfor To This Modlficatlon)
1> 60
$ ?/~, 6~. -
(Including This Change Order)
if>
$
Cumml BCC Approved Amount:
Cunent Contract Amount:
Change Amount:
RevIsed ContractlWol1< Order Amount:
Cumulative D6Ilar Value of Changes to this ContractlWork Order: $
DIlle of Last BCC Ap~ O'f. 13,.. 0 5
Agenda Item #
f
Percentage of the change over/under current contract amount
Formula: (Revised Amount / Last BCC approved amount)-l
%
ResuIIs and Actlons: Contracts: If the change exceeds 10% ol.the current BCC amo~ then Bee approval Is required;
equal to or less than 10% reported to ace by the PUrchasing department CCNA Work Orders: For aU WOf\( orders that
exceed $200,000 where the change does not exceed 10% or $10,000, these changes are reported by the Purohasing
Department to the BCC administratively. Changers to these work orders that exceed those thresholds require prior ace
approval. NON.cCNA Work Orders: If the change exceeds 10% of the ciJrrent Bee amount, then BCC approval is
required. 1/ in doubt, contact your contract specialist. For more spedfic information regarding worIc order thresholds.
please refer to the Procurement Administration Procedures. SllClIon IV.3.d.
CURRENT COMPLETION DATE (S):ORtGlNAL: 110.1'2...0(, CURRENT: 05, 3o,<::>:f-
SUMMARY OF PROPOSED CHANGE !SI: Identify the changes. (,,".o.J~' C-ov,..1 PI. r;;:rrtJ#J.
-'-1::K~ ~.s=N.
JUSTIFICATION FOR CHANGE 51: What value or benefit do these changes provide to the project? ~SlZl rJ
:.s R u
--
PARTIES CONTACTED REGARDING THE CHANGE: ~ ~~~
p,~ ~.nJ.~ 1.=r-..!QPr ~~. ;;.rz.
~LEMENTATION STEPS erify each before proc:eeding with c:h;jnge using Y, Nor NtA)
Proposed change Is consistent with the scope of the existlng agreement
Proposed change is in fact an addition or delel10n to the existing scope
Change is being implemented In a manner consistent with the existing agreement
The appropriate parties have been consulted regarding the change
Proposed prices, fees aitd costs set forth in the change are reasonable
-.,---:'
Agenda Item No. 16E3
June 12, 2007
Page 23 of 45
IJ.
PROJECT NAME: ~I "'" LA-~S
BlDIRFP #:05- ~D f#: ;1.-
,
DEPARTMENT:f~~ OS' ~ 1<~'
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
-r~ PROJECTf#:~~ ,4:
01>0-
PO#: S'/..-"I"~_ WORKORDER#:
CONTRACTORIFlRMNAM~.
Original contract Amount
$ u4Jq4~.oO
(stmtinll ~ /J I 00
$ 1".Grl/q7~'
(Las1 ToI8I Amount Approv~ by the Bce)
$ -z.c,tf.. ti4C,.t1
(lncloomg Aft Cltanges Prior To This Modification)
$ 1 ~~(, r:>~
RevIsed ContracbWork Order Amount: $ 't (, .. q .
(Including This Change Order)
Cumulative Dollar Value of Changes to this ContractJWork Order: $ rf
CUmlnt ace Approved Amount
Current ContJact Amount:
Change Amount:
Dale of Last BCC ApproVal oq. 'l..1-. 05 Agenda Item #
Percentage of the change overIunder current .....4,,.a amount f %
Formula: (Revised Amount I Last Bce approved amount}-1
Results and Actions: eu..Il..dlo: If the change exceeds 10% of the cunent Bce amount, then BCC approval Is required;
equal to or less than 10% reported to Bce by the purchasing department. CCNA Work Orders: For all worIt ordeIs that
exceed $200,000 where the change does not exceed 10% or $10,000, these changes are f1lllOrted by the Purchasing
Department iii the BCC admlnlslratively. Changers to these WOIk orden; that exceed those thresholds require prior BCC
approval. NON.cCNA Work Orders: If the change exceeds 10% at the current BCC amou~ then ace apprtlYa/ is
required. If In doubt, contact yourcon!ral:l speclalist. For more specilic informetlon regarding work order thresholds,
please referto the Procurement Administratlon Procedun!S, Section IV.3.d.
eURRENTCOMPLETlON DATE (S):ORIGINAL: oS. \'?O,"
CURRENT: l"J~, 50. 0-1-"
SUMMARY OF PROPOSED CHANGE IS): identify the chang... ~~ I t::N ~JTl"'^~
c-<>~......-I -n:K12-.
JUSTIFICATION FO CHANGE (S): What value or benefit do thIIH
;;r::c.s ...t:rteP ~ t
U.
as provide to the project? ~S:n:VJ
.,
PARTIES CONTACTED REG
~PLEMENTATION STEPS (II< . each befo\1l proceeding with ange using Y, Nor NtAI
Proposed change is consistent with the scope of the existing agreement
Proposed change is in fact an addillon or deletion to tha existing scope
Change is belnll Im~emented in a manner consistent with the existing agreement
The appropriate parties have been consulted regarding the chllll\le
.::c. Proposed prices, fees and costs set forth in the change are reasonable
PROJECT MANAGER RECO
APPROVE BV:.g.,.....c' _
ag
A TlON: ThIs fonn Is to be signed and dlllBd.
. Date!?- i~r-
J---- Date: ~ ~ L( 47
.
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16E3
June 12, 2007
Page 24 of 45
13
PROJECT NAME:
RATTLESNAKE HAMMOCK ROAD
PROJECT #:
60169
BID/RFP #:
05.3876
MOD #:
9 (nine)
PO#:450oo54219
WORK ORDER #:
DEPARTMENT: TECM
CONTRACTORlFIRM NAME: JOHN CARLO. INC.
Original Contract Amount:
S 23.298.102.25
(Starling Point)
S 23.298.102.25
(Last Total Amount Approved by the ace)
$ 23.298.102.25
(Including All Changes Prior To This Modification)
Current BCC Approved Amount:
Current Contract Amount:
Change Amount:
$ 0.00
$ 23.298.102.25
(Including This Change Order)
6o,\\~,o0
~~
Revised Contrac:tJWork Order Amount:
Cumulative Dollar Value of Changes to this ContractlWork Order: $ 0.00
Date of Last BCC Approval 9/1312006
Agenda ftam # 10L
Percentage of the change over/under current contract amount 0.00
Formula: (Revised Amount! Last BCC approved amount)-l
%
Results and Actions: Contracts: If the change exceeds 10% of the current BCC amoun~ then BCC approval is required:
equal to or less than 10% reported 10 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 or,ders that exceed those thresholds require prior BCe
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 threshoids,
please refer to the Procurement Administration Procedures, Section IV,3.d.
CURRENT COMPLETION DATE (S):ORIGINAL: 1/11108
CURRENT: 1/14/08
SUMMARY OF PROPOSED CHANGE (51: Identify the ChanQ9S
A) To compensate the contractor for expenses related to the electrical services feed inn a lift station
located @ Shadowood Villas approximate station 233+90:t. The purpose of this work is required to maintain
service to the lift station. The cost of this worK is $2,976.38. which includes 5% marK UP from the prime contractor.
The aoreed orice of $2.976.38/LS for this channe includes all cost relatino to the labor and materials to complete
this work. The total cost of $2,976.38 will be deducted from the Roadway Allowance CC-991. A new pay item
shall be created as stated below.
B) To provide and install structures S-701. S-702. S-703 @ locations as directed by the desion enaineer. The
purpose of this chanoe is to relocate the existinn drainaae. The aoreed price of $1 ,510.30/EA for these structures
includes all cost relatina to the labor and materials to compiete this worK. The cost of $1 ,510.30/EA for 3 structures
total $4,530.90 will be deducted from the Drainaae Allowance CC-992. A new pay item shall be created as stated
beiow,
C) To deduct the bid item for ABC-3 6" Optional Base and replace with ABC-3 9" Optional Base also add a
pay item for Suoeroave Asohaltic Concrete Overbuild. The bid for 737 SY @ $Sg.OO/SY for 6" Optional Base
will be deducted from the contract for a total deduction of $42.746.00' for this item and 737 SY @ $60. 151SY for 9"
Optional Base will be added for a total addition of $44,330.55 for this item: the price for Ihe addition of 100 TN
3uperpave Asphaltic Concrete Overbuild @ $225.07/TN for a total addition of $22,507.00 for this item. The cost of
$66.837.55 for the added items will be deducted from the Roadway Allowance CC-991. New pay items shall be
created as stated below.
Revised 10.24.2006
Agenda Item No. 16E3 I,,,
o To rovide and install an ARV Vaul on the force main near the 'ntersection of Collier B1I.u:I1.Ell1QdIlOOTed b
Collier Coun . The u ose of this han e is due to the o' Inal MV vault not meetin Collier (:~ 0
reouirements for the new roadwav desian. The aoreed price of $4.514.18/EA for this MV vault includes all cost
relatina to the labor and materials to complete this work. The cost of $4.514.18 will be deducted from the Utili!>
Allowance CN-994. A new pav item shall be created as stated below.
Item # Item Description Unit Quantity Unit Price Amount
A) CC-991-03 Shadowood Lift Station Service LS 1 $2,976.38 $2,976.38
B) CC-992-01 OBI Church Boxes EA 3 $1,510.30 $4,530.90
C) 285-715 ABC-3 6" Base, Optional (Group 15) SY (737) $58.00 ($42,746.00)
C) 285-715A ABC-39" Base, Optional (Group 15) SY 737 $60.15 $44,330.55
C) 334-1-13A Superpave Asphalt Cone Overbuild TN 100 $225.07 $22,507.00
D) CN-994-04 ARV Vault EA 1 $4,514.18 $4,514.18
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? The puroose of
these chances is to maintain service to the lift station C1ll Shadowood Villas: to provide positive drainaae: to
provide asohalt as specified bv desian standards: to meet Collier County reauirements for the ARV and the
new roadwav desian
PARTIES CONTACTED REGARDING THE CHANGE: James zuver Proiect Manaoer. Ronnie Hobbs. Proiect Manaaer
John Carlo. Inc.
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N1A)
y.. Proposed change is consistent with the scope of the existing agreement
y.. Proposed change is In fact an addition or deletion 10 the existing scope
y.. Change is being implemented in a manner consistent with the existing agreement
y.. The appropriate parties have been consulted regarding the change
y.. Proposed prices, fees and costs setforth in the change are reasonable
PROJECT MANAGER RECOMMENDATION: This form Is to be signed and dated.
0. < v~t
REVIEWE e: If) 1f-1
Revised 10.24.2006
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CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Iterrlf:sb. 16E3
June 12, 2007
Page 26 of 45
PROJECT NAME: Coli'" Boulevard. US4110 Main Golden Gala canal
PROJECT #: 80001
BIDlRFP /I:
03-3553 MOD #: -A-POII:
WORK ORDER #:
CONTRACTORIFIRM NAME' CH2MHIII
DEPARTMENT: TE&CM
Original Contract Amount:
$ 2.284.000.00
(Starting Point)
Current BCC Approved AmounlJ
$ 3.2&1.100.00
(last Total Amount Approved by the BCC)
$ 3 289.800.00
(Including All Changes Prior To This MocIification)
,.
Current Contract AmounlJ
Chango Amount:
Rovloed ContractlWork Order Amount:
$
00.00
$ 3.269 &00.00
(Including This Chango Order)
Cumulatlvo Dollor Value of Chang.. to thlo ContnctlWork Ordor: $ 995 500.00
Dola of Last BCC Approval March 13. 2007
Agonda 110m 1# ...1m1..
Percentage of the change over/under current contract 8mount--i...- %
Formula: (Revised AmountJ Last Bee approved amount)-1
Results and Actions: Contnu::ts: If the change exceeds 10% of the current BCe amount, then ace approval Is required;
equal to or less than 10% reported to BCe by the purchasing departrrienl CCNA WOrk Ordera; For all work orders that
exceed $200,000 where the chenge does not exceed 10% or $10,000, these changes ere reported by the Purchasing
Department to the BCe administratively. Changers to these work orders that exceed those thresholds require prior Bce
approval. NON.cCNA Work ard...: If the change exceeds 10% ofcthe current BCC amoun~ then BCC approval is
required. II In doub~ contact your contract specialist For more speclfio in~' ing work order thresholds,
please refer to the Procurement Administration Procedures, Section IV.S.d. ~
CURRENT COMPLETION DATE (S):ORlGINAL: Februa/V 24 200B' ~ ~ URRENT: 10117/2010
SUMMARY OF PROPOSED eHANGE (8): Identify the chang... Chanae Order No 3 is e no cost chanDe order that i
necessarv to resDDortion the breakdown of the Lumo Sum Contract amount so that fee which was orialnaUv to be invoiced a
subcontracted services can be invoiced 8S a Dart 0' the lumD sum fee Scooe chanaeB included addIng design of a Dathwa~
and additional SOODe to resDOnd to the dynamics of growth and chanas the surrounds the orofect over and above nonnal ani
credits for desian services oriainallv Intended for and not used
JUSTIFICATION FOR CHANGE (S), What value or boneflt do Ih_ 'changee provldelD the project? Contract 04-355:
exoerienced a number of chances in BCOD8. Chanae Order 3 identifies those chanaes and adjusts the desian fee'
accordlnalY The various Items of work are sionificant B"ouch to docum9nt It was determined after neaotiations that the Bun
total of these chances eauated zero
PARTIES CONTACTED REGARDING THE CHANGE: TE&CM Director and the Deslon Consultant
IMPLEMENTATION STEPS (Verify eaeh before proceeding with change uelng Y, N Dr MIA)
_V_Proposed change is consistent wIth the scope of the existing agreement
_ y _ Proposed change is In fact an addition or deletion to the existing scope
_ Y _ Change is being implemented in .8 manner consistent with the existing agreement
_ Y _ The appropriate parties have been consulted regarding the change.
_ Y _ Proposed prices, fees and costs set forth In the change are reasonable
APPROVE BY:
_"'" In al raje Man
> R~IEWEb BY: I - I)
'on rect spe~
PREPARED BYe r ~ ~
Gary R. taansuu, P.E.
Prine! al Project Manager
N: Thle form 10 to be elgned and dated.
Date: .;J. Z6-tJ '7
5 !m(rn
7-~-"'7
APPROVED BY:
Ja hmad, . Direct . Transportation
Engineering and Construction Management
Dale: 3 -7-1 - ""7
....._...~C'O'VIE!ID_.....'
.c>e=_-~..::.J:... :,;;-:;c -'~::'.:G7,:;:,:n~7.;"__r
--....~-...." Z O..24_.:c:OO(F
0.'.,
-.-
/-
/ ,
CONTRACTIWORK ORDER .MODIFICATION
CHECKLIST FORM
Agenda Item No. 16E3 15""
June 12, 2007
Page 27 of 45
PROJECT NAME: Actuarial Consultina Services for Windslorm Insurance PROJECT #: NA
BID/RFP #:
NA
MOD #: 1
PO#: NA. Forthcomlna
WORK ORDER #:
NA
DEPARTMENT: RIsk Manaaement
CONTRACTOR/FIRM NAME: AIS Risk Consultants, Inc.
Current BeC Approved Amount:
$ 75.000.00
(Starting Point)
$ 75.000.00
(Last Total Amount Approved by the BCC)
$ 75.000.00
(Including All Changes PnorTo This Modification)
Original Contract Amount:
Current Contract Amount:
Change Amount:
Revised ContractIWork Order Amount:
$
o
$ 75.000.00
(Including This Change Order)
Cumulative Dollar Value of Changes to this ContractIWork Order: $ 0
Date of Last BCC Approval: February 27.2007
Agenda Item # 16.E,3
Percentage of the change overlunder current contract amount
Formula: (Revised Amount I Last BCC approved amount)-1
o
%
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 $500.000 where
the change does not exceed 10% or $10,000, these changes are reported by the Purchasing Department to the BCC administratively.
Changes to these work orders that exceed those thresholds require pnor BCC approval. NON..cCNA Work Orders: If the chang€'
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: Februarv 29. 2008 CURRENT: Mav 13. 2008"
"The project has yet to commence due to the development of the Scope and the subsequent CO 1, Amendment #1.
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. To provide for the revision of the Scope of Services. the
addition of Exhibit C. "Cost ProDosal Breakdown', and to revise the commencement date from March 1. 2007 to Mav 14. 2007
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the proJect? Prior to issuance of
the Notiee to Proceed, staff determined that the scope reauired more details on sDecific deliverables intended to be received
under this aareement. Exhibit C was added to include the Dricina breakout specific to each task as well as includina the
identification of the reimbursables the Countv will pav. The commence date was moved forward as the work could not be
started until the Scope was revised to reflect true deliverables.
PARTIES CONTACTED REGARDING THE CHANGE: Jeff Walker. Linda Best. Allan Schwartz (AIS) and Bobbie Dusak
(FAI.R.)
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N1A)
l Proposed change is consistent with the scope of the existing agreement
l Proposed change is in fact an addition or deletion to the existing scope
l Change is being implemented in a manner consistent with the existing agreement
l The appropriate parties have been eonsulted regarding the change
l Proposed prices, fees and costs set forth in the change are reasonable
Date:
Date:
Best, Contract Specialist
Revised 10.24.2006
r
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CONTRACTIWORK ORDER MODifiCATION
CHECKLIST FORM
Agenda Item No. 16E3
June 12, 2007
Page 28 of 45
/~
PROJECT NAME: NaDles Jail PROJECT #: 52008
BIDIRFP II: 98-2829 MOD f/: ~POfI:4500012308 WORK ORDER #: N/A
DEPARTMENT: Facilities Management CONTRACTOR/FIRM NAME: Kraft Constructl,,"
Original Contract Amount: $ 34,402,176.00
(Starting Point)
Current BeC Approved Amount: $29,914,372.14
(Last Total Amount Approved by the BCC)
Current Contract Amount: $30,270,632.28
(Including All Changes Prior To This Modification)
Chango Amount: $ 1,298.23
Revised ContractIWork Order Amount: $30,271,930.51
(Including This Change Order)
Cumulative Dollar Value of Changes to this ContractIWork Order: (4,130,245.49)
Date of Last BCC Approvel 3/28106
Agenda Item II 10.B
Percentage of the change over/under current contract amount :1.20%
Fonnula: (Revised Amount I Last BCC approved amount}-1
Results and Actions: Contracls: If the change exceeds 10% of the current BCC amount, then Bee approval is required; equal to or
less than 10% reported to Bee 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 amoun~ then BCC approval is required. if in doubt. contact your contract specialist. For more spacific
intonnalion regarding work order thresholds, please refer to the Procurement Administration Procedures, Section IV.3.d.
CURRENT COMPLETION DATE (S):ORIGINAL: Multiole Phases CURRENT: Multiole Phases
SUMMARY OF PROPOSED CHANGE(S): Identify the changos: Remove and relnstali new Willoughby combo toilets from 42 steel cells
on the 3'" floor, furnish steel toilets with T4 overflow prevention option. Provide caulking for the tollefs, Splitting the labor cost. Convert
Cameras to the securfty system. Furnish and install temp water booster pump. Credtts for paint and credit for precast wall.
JUSTIFICATION FOR CHANGE (S): What value or baneflt do thesa changes provide to the project? Recelvina credit (solit between
desianer and construction contractor) for the reofacementof toilets. a credit for the deletion of the wafl. need to oav for the temoorarv
booster water Dumo. and made some r&Ouired security camera chanaes.
PARTIES CONTACTEP REGARDING THE CHANGE: Ron Hovell, Linda Best, Sklp Camp
iMPLEMENTATION STEPS (Verify each before proceeding with Chango using Y. N or N/A)
_X_ Proposed change Is consistent wIth the scope of the existing agreement
_X_ Proposed change is in fact an addition or deletion to the existing scope
_><- Change Is being implemented in e 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
APPROVE BY:
Revised 10.24.2006
,...
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16E3
June 12, 2007
Page 29 of 45
/7
PROJECT NAME: Reclaimed Water ASR
PROJECT II: 74030
BIDIRFP II: 06-3924 MOD II: 1
PO#:4500061836
WORK ORDER II:
DEPARTMENT: Public Utilities Engineering CONTRACTOR/FIRM NAME: Douglas N. Higgins, Inc.
Original Contract Amount:
$ 4.369.400.00
(Starting Point)
$4.369.400
(Last Total Amount Approved by the BCC)
$ 4.369.400
(Including All Changes Prior To This Modification)
Current BCC Approved Amount:
Current Contract Amount:
Change Amount:
Revised ContractIWork Order Amount:
$ 143,692
$ 4.513,092
(Including This Change Order)
Cumulative Dollar Value of Changes to this ContractIWork Order: $ 143.692
Date of Last BCC Approval 3-28-06
Agenda Item 111 OH
Percentage of the change over/under current contract amount 3.29%
Formula: (Revised Amount / Last BCC approved amount)-1
Results and Actions: Contracts: If the change exceeds 10% ot 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. II 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: 1/29/07
CURRENT: 2/18/07
SUMMARY OF PROPOSED CHANGE (5): Identifv the chanQes. : (1) Fiberalass Casino Chanoe - 66 davs time
extension and $121,532 (Add) (2) Geophvsical Loaoina - 5 davs time extension (3) Tropical Storm Ernesto - 3 davs
lime extension (4) Borehole Pluaback - $22,160 (Add)
JUSTIFICATION FOR CHANGE (5): What value or benefit do these changes provide to the project? This chanqe
provides for a borehole pluoback which provided correct well aliqnrnent. fiberqiass casinq that would pass the
required Dressure test. and additional time.
PARTIES CONTACTED REGARDING THE CHANGE: Bill Mullin. Diana Perrvman. HDR Inc.
Mike Pettit. Lvn Wood. L10vd Horvath
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N1A)
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 MAN{lHER RECP.Mt\'I~:rION: This form is to be signed and dated.
APPROVE BY: \\.l~0.0. ~ Date: ~ ISl 0,
roO ect Manag , /
REVIEWED BY: [L. "Date: 61)7. 07
Contract Specialist
Revised 10.24.2006
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CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16E3
June 12, 2007
Page 30 of 45
I
PROJECT NAME: Malntenanca Dredaina of Clam Pasa PROJECT #: 900281
BID/RFP #: 01-3271 MOD #: !..PO#: 4500058270 WORK ORDER #: HM-FT -3271-08-(13
DEPARTMENT: Coalltal Zone Manaoement CONTRACTORIFIRM NAME: Humiston & Moore Enalneers
Original Contract Amount:
$ 59.820.00
(Starting POint)
$ 59.820.00
(Last Total Amount Approved by the BeC)
$ 88.132.00
(Including AJi Changes Prior To This Modification)
Current BCC Approved Amount:
Current Contract Amount:
Change Amount:
$ 42,766.00
$ 130.898.00
(Including This Change Order)
Cumulative Dollar Value of Changes to this ContractIWork Order: $71,078.00
Revised ContractIWork Order Amount:
Date of Last BCC Approval 1-24-06
Agenda Item # 16F2
lfl.5~
Percentage of the change over/under current contract amount ~Io
Formula: (Revised Amount I Last Bee approved amount)-l
Results and Actions: Contracts: If the change exeeeds 10% of the current BCe amoun~ then Bee approval is required;
equal to or less than 10% reported 10 Bee 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 ehanges are reported by the Purchasing
Department 10 the BCe 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 speeific information regarding work order thresholds,
please refer to the Procurement Administration Procedures, Section IV.3.d.
CURRENT COMPLETION DATE (S):ORIGINAL: Februarv 2. 2006 CURRENT: Mav 1, 2007
SUMMARY OF PROPOSED CHANGE (S): IdentlfV the chanaes. Task 6: Additional eonstructlon observation reauired.
Oriainal scope of serviees Included a 3-week construction schedule and minimal observations. at county staff reauest.
additional observation time has been oerformed, construction observations beaan in February 2007 and are exoected to
conclude bv Aoni 30'" ($32.976.001: Add New Task 11: In aecordanee with the DEP oermit. comolete a post construction
monitorina reoort ($9,790.001 for a Iotal increase of $42,766.00
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? This is ar
additional task not included in the oriainal SCODe of services which has been reauested bv County staff or reaulaton
aaencles.
PARTIES CONTACTED REGARDING THE CHANGE: Linda Best. Garv McAloin
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A)
_ Y _ Proposed ehange is consistent with the scope of the existing agreement
_ Y _ Proposed change is in fact an addition or deletion to the existing scope
_ Y _ Change is being implemented in a manner consistent with the existing agreement
_ Y _ The appropriate parties have been consulted regarding the change
_ Y _ Proposed prices, fees and costs set forth in the change are reasonable
PROJECT MANAGER RECOMMENDATION: This form is to be si ne and dated.
Date:
~
APPROVE BY:
Date:
Revised 10.24.2006 '
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
PROJECT NAME: _Environmental Office Area
Agenda IJtem N102. 1260E3 .~
une , 07
Page 31 of 45
PROJECT #:
BIDlRFP#: Ok3971_MOD#: #1_PO#:_4500078063_ WORK ORDER tr._WN-FT-3971-07-05_
DEPARTMENT:_RecordslSwitchboard CONTRACTORIFIRM NAME:_ William Varian
Orlglnal Contract Amount:
$ _26,125.00
(Starting Point)
$_N/A
(Last Total Amount Approved by the BCC)
5~6,125.00
(Including All Changes Prior To This Modification)
Current BCC Approved Amount:
Current Contract Amount:
Change Amount:
$_(11,876.00)
$_14,249.00
(Including This Change Order)
Cumulative Dollar Value of Changes to this ContractIWork Order: $ (11,876.00)
Revised ContractIWork Order Amount:
Dele of Last BeC Approval_N/ A
Agenda Item # _N/A
Percenlege ofthe change under current contract amount_(45.46)%
Formula: (Revised Amount)
Results and Actions; Contracts: If the change exceeds 10% of the current BCe amount, then BCe approval Is required;
equal to or less than 10% reported to BCC by the purchasln9 department. CCNA Wor1< Orders: For all work orders that
exceed $200,000 where the change does not exceed 10% or 510,000. 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 Wor1< 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: _5/1 212007 _CURRENT: _5/1212007
SUMMARY OF PROPOSED CHANGE (SI: Identify the changes. _Delete all framing, electric, HV AC, doors
and fire sprinkler work.
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project?
Redesigned office space was no longer needed because staffmg changes never materialized.
However, space still needed carpeting and painting.
PARTIES CONTACTED REGARDING THE CHANGE: _William Varian
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or NIA)
_N_ Proposed change is consistent with the scope of the existing a9reement
_ Y _ Proposed change is in fact an addition or deletion to the existing scope
_ Y _ Change is being Implemented in a manner consistent wnh the existing agreement
_ Y _ The appropriate parties have been consulted re9ardlng the change
_ Y _ Proposed prices, fees and costs set forth in the change are reasonable
Revised 10.24.2006
,
CONTRACTJWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16E3 3
June 12, 2007
Page 32 of 45
ATM-FL-K.C. 04-04: PO
PROJECT NAME: Forest Lakes Phase I - Drainage ImDrovement PROJECT #:
4500028337
BID/RFP #: #04-3535. MOD #: 3 (Three)
PO#:4500028337 WORK ORDER #: ATM-FL-K.C. 04-04
DEPARTMENT: Alternative Transportation Modes
CONTRACTOR/FIRM NAME: Kvle Constl1Jction. Inc.
Original Contract Amount:
$ 139.925.00
(Starting Point)
$ 347.285.00
(Last Total Amount Approved by the BCC)
$ 375.570.00
(Ineluding All Changes Prior To This Modification)
Current BCC Approved Amount:
Current Contract Amount:
Change Amount:
$ -13,750.00
$ 361.820.00
(Ineluding This Change Order)
RECEIVED
APR I 6 2007
Revised ContractIWork Order Amount:
Cumulative Dollar Vaiue of Changes to this ContractIWork Order: $ 221,895
Transportation
ATM no~.
Date of Last BCC Approval 5/11/2004
Agenda Item # 16B2
- 3.U\.o
..s..ar %
,- Percentage of the change over/under current contract amount
Formula: (Revised Amount / Last BCC approved amount)-l
Results and Aetions: Contracts: If the change exeeeds 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 ehange 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 doub~ contact your contract specialist For more specific information regarding work order threshoids,
please refer to the Procurement Administration Procedures, Section IV.3.d.
CURRENT COMPLETION DATE (S):ORIGINAL: March 30, 2004 CURRENT: Julv 1. 2007
SUMMARY OF PROPOSED CHANGE (5): Identify the changes. 1., Increase the Work Order bv $2,500 for an
emel'Qencv adlustment to existing City of Naples Re-Use Water Line. which was unforeseen as being In conflict with
the Droiect. WilsonMiller the EnClineerina Consultant did a work directive via email on Mav 19. 2004 in the field to
lower the effluent main - due to service line had been severed to 1518 Forest Lakes Drive and its the same location
the culvert was beina installed. County Project Manaaer Val Prince has confirmed the necessity for the ehanCle.
MSTU Committee on April 11, 2007 voted to Dav $2.500 to Kvle Const. Total Fiscal Impact: $2,500 (increase).
2. Decrease the Work Order bv $16,250.00 due to recommendation bv Consultant CraiCl Pajer of WilsonMlIIer to not
install 165 If of 24" RCP wi Miders & C-Inle!. Chanae has been reviewed bv Forest Lakes MSTU Committee and
aPDroved as DBr approval for Bond Issue List which did not include installation of 24" Culvert. MSTU Committee on
ADri111. 2007 voted to close out the Work Order. Total Fiscal Impact: $16,250.00 (decrease)
,'^ JUSTIFICATION FOR CHANGE (5): What value or benefit do these changes provide to the proJect? Changes result in
adjustment of existing ulllities which were in conflict and cost benefit in deletion of 24 inch culvert installation.
PARTIES CONTACTED REGARDING THE CHANGE: Val Prince, Proiect Manaaer: Craia Paler. P.E. Consultant
WllsonMlller: Chris Tilman. Proiect CEI EnClineer. Malcolm Pirine
Revised 10.24.2006
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A)Agenda Item No. 16E3 3q
_ Y _ Proposed ehange is consistent with the scope of the existing agreement June 12, 2007
_Y _ Proposed ehange is in fact an addition or deletion to the existing scope Page 33 of 45
_ Y _ Change is being implemented in a manner consistent with the existing agreement
_ Y _ The appropriate parties have been consulted regarding the change
_ Y _ Proposed prices, fees and costs set forth in the ehange are reasonable
MENDATION: This form Is to be si ne and dated.
APPROVE BY:
REVIEWED BY:
Dale:
RECEIVED
APR 1 6 2007
'1'ransf'ortation
ATM Dept.
Revised 10.24.2006
r
A~d~ Ilem No. 16E3
'... '0 June 12, 2007 f../.
Page 34 of 45 I
CONTRACTIWORK ORDER MODIFICATION
CHECKUSTFORMO~2~05
PROJECT NAME: Lake Interconnect for Lake Earet & PROJECT #: 510252 .
Mockingbird Lake & M.l. Dlscharae Outfall
B'DIRFP #: 01-3290 MOD #: 1
PQ#: 4500063806 WORK ORDER#: QGM.FT -3290-06.13
DEPARTMENT: Stonnwater Manaaement
Original Cootract Amooot:
S 11.750.00
(Starting Point)
Curreot BCC Approved Amouot:
SN.A.
(Last Total Amount Approved by the Bee)
Current Cootract Amount:
$11.750.00
(Including All Changes Prior To This Modification)
Cbaoge Amouot:
Revised Cootract/Work Order Amouot:
S 7.500.00
S 19.250.00
(Including This Change Order)
Cumulative DoUar Value ofChaoges to this ContractIWork Order: S 7.500.00
Date of Last BCC Approval: NIA Agenda Item # NIA
Percentage of the change ov8rlUnder current contract amount 63.83%
Formula: (Curren' Amount I Last BCC approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to
BCC on Purchasing report. For specific information regarding work order thresholds, please refer to
the Contract Administration Procedures, Section III.C.4.
CURRENT COMPLETION DATE (S); ORIGINAL: Julv 03, 2006 CURRENT: June 30, 2007
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. To adjust the current Work Order
allowino for this Chanoe Order #2 to the Work Order. The Chanoe Order will allocate a $7.500 dollar
fee to oversee the culvert and other drainaae structure's reolacement.
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the
project? Allow for Construction Contract Administrative Services to review the installation of a culvert
and other drainaae imDrovements for future cash refund to Drooertv owner,
PARTIES CONTACTED REGARDING THE CHANGE: OesiQn Prafessional- David Schmitt. P.E, Q.
Gradv Minor & Associates: JerrY Kurtz. Collier County Principal Proiect Manaaer: and Rhonda
Cumminas. Purchasino Deoartment
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or NlA)
_ Proposed change is consistent with the scope of the existing agreement
_ Proposed change is in fact an addition Dr deletion to the existing scope
_ Change is being implemented in a manner consistent with the existing agreement
_ The appropriate parties have been consulted regarding the change
_ Proposed prices, fees and costs set forth in the change are reasonable
Agenda Item No. 16E3 U ()
June 12, 2007 I"
Page 35 of 45
PROJECT MANAGER RECOMMENDAnON: this fomlls to be aigned and dated.
APPROVE BY: . /in/a? Date: 0//6/6"?
P . ct anager /.
/
ate:
.
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16E3 S-
June 12, 2007
Page 36 of 45
PROJECT NAME: Haldeman Creek Basin Restoration Prolect
BID/RFP #: t?~ M4;:So #:
1
Pot: 4500075860
PROJECT #: 51011
WORK OROER#: PBS-FT-3657-07-01
DEPARTMENT: Stormwater Manaaement CONTRACTOR/FIRM NAME: PBS&J. Inc.
Original Contract Amount: $ 115.184.00
(Starting Point)
Current BCe Approved Amount: $
Current Contract Amount:
(Last Total Amount Approved by the BCC)
$115.184.00
(Ineluding All Changes Prior To This Modification)
$50.000.00
$165,184.00
(Including This Change Order)
Cumulative Dollar Value of Changes to this ContractIWork Order: $50.000.00
Change Amount:
Revised ContractIWork Order Amount:
Date of Last BCC Approval_
Agenda Item #
if3 ( i I
Percentage of the change over/under current contract amount
Formula: (Revised Amount I 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, contael your contract speeialist. For more specific information regarding work order thresholds,
please refer to the Procurement Administration Procedures, Seetion IV.3.d.
CURRENT COMPLETION DATE (S);ORIGINAL: ADril26. 2007 CURRENT: Mav 31. 2007
SUMMARY OF PROPOSED CHANGE (5): Identify the changes. Additional Management and Inspection Services include
turbidity monitoring, monitor daily progress of the dredge activity, review produetion and dredge position logs, track contractor
delays, oversee channel marker installation, material hauling and spoil disposal site close out.
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? Additional
Management and Inspection Services are needed to meet permitting requirements due to the dredging time extension.
PARTIES CONTACTED REGARDING THE CHANGE: Rhonda CummlnCls. MarClaret BishoD. Gene Calvert
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A)
y... Proposed change is consistent with the scope of the existing agreement
y... Proposed change is in fact an addition or deletion to the existing scope
y... Change is being implemented in a manner consistent with the existing agreement
y.... The appropriate parties have been consulted regarding the change
Y Proposed prices, fees and costs set forth in the change are reasonable
PROJECT MANAGER RECOMMENDATION: This form Is to be signed and dated.
APPROVE BY:
REVIEWED B .
C ntract Specialist
Revised 10.24.2006
L{ -f t.. - 0 7
'1 ~5-D7
Agenda Item No. 16E3 0
June 12, 2007
Page 37 of 45
PROJECT NAME:
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
SCRWTP Add~ional Wells on New Well Sttes PROJECT #: 71051
Raw Water Transmission Main & ADPurlenances for Raw Water Wells 39S. 40S. 41 S & 42S
SIDIRFP #: 04-3535 MOD #:
2
PO#:
4500069110
WORK ORDER #:
UC-254
DEPARTMENT: PUBLIC UTILITIES ENGINEERING DEPT.
CONTRACTOR/FIRM NAME: D. N. Hioains
CUrTent BCC Approved Amount:
(Starting Point)
$ 1.864.000.00
(Last Total Amount Approved by the BCC)
$ 1.684.000.00
(Including All Changes Prior To This Modification)
1.884.000.00
Original Contract Amount:
$
CUrTent Contract Amount:
Change Amount:
$ 0.00
$ 1.884.000.00
(Including This Change Order)
Revised ContractIWork Order Amount:
Cumulative Dollar Value of Changes to this ContractIWork Order: $ 0.00
Date of Last BCe Approval: September 26, 2006
Agenda Item #
10 L
Percentage of the change over/under current contract amount
Formula: (Revised Amount / Last BCC approved amount)-l
o
%
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-<:CNA 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 infonmation regarding work order thresholds,
piease refer to the Procurement Administration Procedures, Section IV.3.d.
CURRENT COMPLETION DATE (S): ORIGINAL:
Februarv 16. 2007
CURRENT:
June 16. 2007
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. The proposed no cost time extension fl.e.. 60 calendar
davs) is needed to accommodate the deliverv schedule for a defective motor that was purchased bva vendor for Collier
County via a purchase order separate from the referenced contract.
JUSTIFICATION FOR CHANGE (S): What vaiue or benefit do these changes provide to the project?The benefit of
the proposed time extension Is to allow the contractor to comDlete installation and startuD of the final well as soon as the
eQuipment is delivered. includinQ bacterioloQlcal clearinQ It should be noted that the delav is due to eQuipment provided
bvan outside vendor separate from the referenced contract.
PARTIES CONTACTED REGARDING THE CHANGE: The contacted oartles included the contractor (D. N. Hiaains1. the
enaineer (Hazen and Sawver). the supplier (Mitchell & Stark). and the owner (Collier Countv)
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, Nor N/A)
oJ Proposed change is consistent with the scope of the existing agreement
T Proposed change Is in fact an addition or deletion to the existing scope
T Change is being implemented in a manner consistent with the existing agreement
.:L The appropriate parties have been consu~ed regarding the change
.:L Proposed prices, fees and costs set forth in the change are reasonable
Revised 10.24.2006
.
CONSULTING ENGINEER'S RECOMMENDATION: This tonn Is to be slgn~ and dated.
REC~MMENDED BY:~.J M.r.Al,~ Date: +11'/07
C6i1SUllant'~e .. ._-
Albert Muniz, P.E.. VIce President, Hazen and Sawyer, P.C.
PROJECT MANAGER RECOMMENDf.TION.: 9'Is form is to be signed and dated.
APPROVED BY: HP S eA/Wt- Date: 4--(t.1!IJ7
Proj:>c1 Manager , / 7 J
REVIEWED BY: - Date: ~I 27 LP 1
Contract Specla s
Revised 10.24.2006
Agenda Item No. 16E3 ,. Q
June 12, 2007 !O \
Page 38 of 45
Agenda Item No. 16E3 7
June 12, 2007
Page 39 0145
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
PROJECT NAME: Buildina W Fire Codes UDClrades PROJECT #:
BIDIRFP #: 06-3971 MOD #: ....LPO#:450OO78217 WORK ORDER #: WJV-FT-3971-D7-D6
DEPARTMENT: Facilities Management
CONTRACTOR/FIRM NAME: Varian Construction
Original Contract Amount:
$ 94,550.00
(Starting Point)
$94,550.00
(Last TDtal AmDunt ApprDved by the BCC)
$94,550.00
(Including All Changes Prior To This Modification)
$ 3,506.00
Current BCC Approved Amount:
Current Contract Amount:
Change Amount:
$ 98,056.00
(Including This Change Order)
Cumulative Dollar Value of Changes to this ContractlWork Order: $3,506.00
Revised ContractlWork Order Amount:
Date of Last BCC Approval Agenda Item #
Percentage of the change overlunder current contract amount 3.71 %
Formula: (Revised Amount 1 Last BCC approved amount)-1
Results and AcUons: Contracts: II the change exceeds 10% 01 the current BCC amDunt, then BCC approval is required;
equal tD Dr iess than 10% repDrted tD BCC by the purchasing department. CCNA Work Orders: FDr all work Drders that
exceed $200,000 where the change does nDt exceed 10% or $10,000, these changes are reported by the Purchasing
Department to the BCC administratively. Changers to these work orders that exceed thDse 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 doub!. contact your contract specialist. For more specific informatiDn regarding work order thresholds,
please refer tD the Procurement AdmlnlstratiDn Procedures, SectiDn IV.3.d.
CURRENT COMPLETION DATE (S):ORIGINAL: 7/27/07 CURRENT: 7/27/07
SUMMARY OF PROPOSED CHANGE (8): Add WindDw in 2 Bay doors.
JUSTIFICATION FOR CHANGE (S): To prDvlde light Into a large area at the owners request.
PARTIES CONTACTED REGARDING THE CHANGE: Linda Best, Damon Gonazles.
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A)
_X_ Proposed change Is consistent with the scope of the existing agreement
_X_ Proposed change Is in fact an additiDn 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 RECOMMENDATION: This form Is to be signed and dated.
APPROVE BY: '/h rJt,1 j)) ~I? I tv
Projec~J.Aanag r
REVIEWED BY: . .
Con Specialist
Date:~
Date: ~7
Revised 10.24.2006
CONTRACTIWORK ORDER MODIFICATION
CHECKUST FORM
Agenda Item No. 16E3
June 12, 2007
Page 40 of 45
PROJECT #: CD02-20
il
_ PROJECT NAME:
COPELAND REZONE
BIDlRFP #:
01-3290 MOD #:
2
PO#: 4500030648
WORK ORDER #: OGM-FT -04-07
DEPARTMENT:
OSH 'HOUSING SECTIONI CONTRACTORIFIRM NAME: Q GRADY~INOR
Original Contract Amount:
$ 20.000
(Starting Point)
$ ~/"
(Last Total Amount Approved by the BCC)
$ 44.500
(IncludIng All Changes Prior To This Modification)
CUrrent BCC Approved AmOunt:
Current Contract Amount:
Change Amount:
Revised ContractJWork Order Amount:
$
13.300
$ 57.800
(Including This Change Order)
Cumulative Dollar Value of Changes to this ContractlWork Order: $ 37,800
.
Date of Last BCC Approval COPELAND ACTION PLAN 4/13/2005
Agenda Item
2J1.glj
US' %
a-A
Percentage of the change over/under current contract amount
Formula: (Revised Amount I Last Bee approved amount)-l
Results and Actions: Contracts: If the change exceeds 10% of the current BeC amount, then BCC approval is required:
equal to or less than 10% reported to sec 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 Bce administratiVely. Changers to these work orders that exceed those thresholds require prior ace
approval. NON-CCNA Work Orders: If the change exceeds 10% of the current Bce amount, then BCe approval is
required. If in doubt, contact your contract specialist. For more specific information regarding work order thresholds,
please refer to the Procurement Administralion Procedures, Section IV.3.d.
CURRENT COMPLETION DATE (S):ORIGINAL: NEVER DETERMINED CURRENT:
ONGOING PERMITTING
SUMMARY OF PROPOSED CHANGE (5): Identify the changes. The $13.300 will oav for anv increases for the EIS anc
to reimburse Q Gradv Minor for additional exoenses Incurred from reQuested chanQes bv the CCPC & the BCC. ThE
increase is also for future review fees. and advertisino costs
JUSTIFICATION FOR CHANGE (S): What value or benefit do tttese changes provide to ttte project? Addilionai
charcles for the environmental consultant. research data and oreoaration of siQned and sealed sketch and leaal descriPtion
105 coDies not included in oriolnal contract will allow for the finallzino of the eooeland Area Rezonino proiect.
PARTIES CONTACTED REGARDING THE CHANGE: Linda Best. Julia Lanahom. Shawn Tan
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N1A)
-y'Proposed change is consistent with the scope of the existing agreement
-y'Proposed change is in fact an addition or deletion to the existing scope
-Y Change is being implemented in a manner consistent with the existing agreement
-y'The approprlate parties have been consulted regarding the change
-Y,Proposed prices, fees and costs set forth in the change are reasona ble
TION: This fonn is to be signed and dated.
Date: April 24. 2007
Date:
.!11~ liVhr
CONTRACTIWORK ORDER MOOIFICATION
CHECKLIST FORM
PROJECTNAME:~ ~~ PROJECT#:'~ 2,Z,c.O..{)(.,~
~IU'U"'" t-t . ilAoI ~ ~ ., - ,
BADIRFP#l:(}lr~l!i(J MOD': ..4- POt:~~t.ff WORKORDER6~-fT'~B:::; ~.3
.
DEPARTMENT: ~cS ~ ~. CONTRACTORIRRM NAME::r~ ~€f.
Agenda Item No. 16E3
June 12, 2007
Page 41 of 45
h .-q
Original Contral:t Amount:
$ ~ 300 ~
(Slam ~ Point)
$ d. c~aL. qp.
(last Total Amount Approved by the BCC)
$ ~~O ~
(100 All Changes Prior To This .....- ....c.",,)
: d/ 3~ of)
(Includi!\g This Change Ordel)
f
Current ace Approved Amount:
Current Contract Amount:
Change Amount:
Revil;ed ContractlWorlc Order Amount:
Cumulative Dollar Value of Changes to tills ContractlWork Order. $
0al8 of Last BCC Appl'OvaI
Agenda It8m #I
f
'Jlo
Percentage of the change O\IeI'/Under current contract amounl
Fonnula: (Revised Amounl/last Bee approved amoont)-1
Results and Actions: Conllacts: If the change exceeds 10% of the current Bee IlIIlOlft, !lien BlOC approvalls required;
equal to or less than 111% reported to Bee by tfJe purchasing department. CCNA Work 0Jdem: !For aU worle orders that
exceed $200,000 where the change does not exceed 10% or $10,000, these changes.. Ieplll\ed by tfJe Purchasing
Department 10 the Bee administmtlvely. Changers to these werle order.; that exceed those lhrelIIokIs requite prior ace
approval. NON..cCNA Work Orders; If the change exceeds 10% of the ciJrrent Bee amoant.. tfJen BCC approval is
required. If in doubt, contact your contract specialist For more specific informa1ioo ~ 1WOrle order thresholds.
please refer to the Procurement Administration Procedures, Section IV.3.d.
CURRENT COMPLEllON DATE (S):ORIGINAL: OZ...~. U>l \ CURRENT: en_ .oo:z.oIL
~s.'O::1H.~
SUMMARY OF PROPOS~): Identifylhe changes. ~
~A:rrL~ S.
JUSTIFICATION FOR CHANGE S): What value or benefit do th
1ect1-er~ .r:&i)
P~TIES CONTACTED REGARDING THE CHANGE: .
LEMENTATION STEPS (Verify ch before proceeding witIt change using Y. N erN/At
Proposed change Is consistent with the scope of the existing agreement
_ Proposed change is in fact an addition or deletion to the existing scope
.y: Change is being implemented In a manner consistent with the existing agreement
y. The appropriale parties have been consulted regarding the change
~ Proposed prices, fees and costs set forth In the change are reasonable
REVIEWED BY).
DA nON: This fonn is to be signed and dated..
\ Dale; 5,/.O-:r-
Dale; f'lz../ n
,
PROJECT MANAGER REC
APPROVE BY:
.
CONTRACTJWORK ORDER MODIFICATION
CHECKLIST FORM
PROJECT NAME:~"'lr1::;u.\ ~ B:>Nf" ~ PROJECT#: i?f::~
8IDJRFP#:6Hi-f~ ~DfI: :1- POt: - fT ~. WORKORDER;' Zqo-cJ7-o1
DEPARTMENT~ ~ "R.Iii:::-; CONTRACTORIFIRMNAME::5oUtJ~ ~
Agenda Item No. 16E3
June 12, 2007
Page 42 of 45
10
$ <1.~'~
(Slarnng Point) 0
$ ~. <l?0<:?~
(Las{ ToIal AmOU~ed by the BCC)
$ (lncl:l~ ~~~rTo This Modificalion)
$ cP
Revised ContractlWork Order Amount: $ q . ~()O .<22--
(fnctuding This Change Order)
Cumulative Dollar Value of Changes to tIlis ContractJWork Order: $ "c?
.
CUl18nt BCC Approved Amount:
OrigInal Contract Amount:
Current Contract Amount:
Cha"ge Amount:
Dale of Last Bce Approval
Agenda Item 1#
~
Percentage of the change overfunder current contract amount
Fonl1lda: (Revised Amount I Last ace approved amount}-l
%
Results and Actions: ContnlClS: If the change exceeds 10% of tile current BCC amount, then BCC approval is required;
equal to or less than 10% reported 10 BCC by the purdtaslng department. CCNA Work: Orders: For aU worll: on:lers that
exceed $200,000 where the change does not exceecI10% or $10,000, these changes ale reportlld by the Purchasing
Department to tile Bee admlnislratively. Changers to tIlese worit orders that exceed those thresholds require prior BCC
approval. NON..cCNA Work Orders: If the change exceeds 10% of the current BCC amount, then BCe approval is
required. If in doubt, contact your. contract specialist. For more specific infonnation regarding worit order thresholds,
please refer to the Procurement Admlnistratlon Procedures, Section IV.a.d.
CURRENT COMPLETION DATE (S):ORIGINAl: ~ . II. ~D II CURRENT: ~ I .20 II
SUM~Y9f PROPOSEWANG~~ntifythe changes. ~ ?12a~
~-r~~ ~~I ~.
JUSl1F1CA11ON FOR C GE (5): What value or benerltdo1hese ch es rovlcle to tile pro.act? ~F"~~....i"\
~SQ),J ..e;:"'-"
PARTIES CONTACTED REGARDING THE CHANGE:
1M MENTATION STEPS (Verify h before proceeding witI1 change using Y. N or NlA)
Proposed change is consistent with the scope of the existing agreement
Proposed change is in fact an addition or deletion to the existing scope
Change is being implemented in a manner consistent with the existing agreement
The appropriate parties have been consulted regarding the change
Proposed prices, fees aild costs set forth in the change are reasonable
ENDATION: This fonn is to be signed and dated.
Dale: C{Jf. t) /. a:r-
Date: ~ fz) 0
I I
Agenda Item No. 16E3 / {
June 12, 2007
Page 43 of 45
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
PROJECT NAME:
SCRWTP Additional Wells on New Well Sites
PROJECT #:
41010-015
BID/RFP #:
06-3887
MOD#:
L
POt: 4500065209
WORK ORDER #: OD-FT-3887-06-01
DEPARTMENT:
Public Utilities Enolneerino Deoartment
CONTRACTOR/FIRM NAME: 71051
(Starting Point)
2.289.000.00
Original Contract Amount:
$
Current BCC Approved Amount:
$ 2.289.000.00
(Last Total Amount Approved by the BCC)
Current Contract Amount:
. $ 2.289.000.00
(Including All Changes Prior To This Modification)
Change Amount:
$ 79 705.00
Revised Contract/Work Order Amount: $ 2.368.705.00
(Including This Change Order)
Cumulative Dollar Value of Changes to this Contract/Work Order: $ ? ~"e 785.(lO""""" 7Cff10S. Oq,.
Date of Last BCC Approval
JulV 25.2006
Agenda Item #
100
Percentage of the change over/under current contract amount
Formula: (Revised Amount / Last BCC approved amount)-1
3.48%
%
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-CeNA 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:
27-Jan.{J7
CURRENT:
27 -Jan.{J7
SUMMARY OF PROPOSED CHANGE (5): Identify the chanoes. This oroposed chanoe order is to accommodate
a request from FPL for access to the orotect site. FPL has elected to serve the proiect from the north and east side which
reauired a new easement and land c1earina. This foute was determined bv FPL after bid award. Thus. the cleanino,
qrubbina. and installation of stabilized sub-orade is necessary for FPL to install their service lines. Cost of the add1tional
work is $79,705 which is an increase of 3.48%. It is anticipated that this increase will be offset bv potential cost savinos
durino well construction.
JUSTIFICATION FOR CHANGE (51: What value or benefit do these chances provide to the prolect? Diversified
Drillina Corporation cost for accammodatina FPl's request appears reasonable and cost effective. The site clearino sub-
contractor is on-site and can comolete this work efficiently without incurrina remobilization costs. The primary benefit for
Collier County is that FPL is scheduled and committed to completion 01 their portion 01 work which will keep this proiect on
schedule. This proiect is critical as it orovides reliability water that is otherwise not available.
PARTIES CONTACTED REGARDING THE CHANGE: The oartles contacted recardlno this chanoe' included
Collier Counlv. the contractor (Le.. Diversified Dollino Corooration), and the encineer (Le.. Hazen and SaWYer. P.C.).
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A)
l Proposed Change Is consistent with the scope 01 the existing agreement
l Proposed change is in fact an addition or deletion to the existing scope
l Change is being implemented in a manner consistent with the existing agreement
Revised 10.24.2006
.
Agenda Item No. 16E3 Iff>"
June 12, 2007
Page 44 of 45
l Proposed prices, fees and costs set for1h In the change are reasonable
CONSULTANT PROJECT MANAGER RECOMMENDATION: This fonn Is to be signed and dated.
RECOMMENDED BY: --AI~ "'~I.., ,
Project Manager
Date:
s/a/o?
PROJECT MANAGER RECOMMENDATION: This tonn is to be signed and dated.
APPROVE BY: PM CX{~ Date:~7
Project Manager
REVIEWED BY ~ ~~ Date: E5 {/7/ 0 1
Contract Specialist
Revised 10.24.2006
CONTRACT/WORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16E3 I a
June 12, 2007
Page 45 of 45
PROJECT NAME:
Golden Gate Pedestrian Bridaes PROJECT #: 600501
BIDIRFP #:
#04-3588
MODtI:
1
POI: 4500074585 WORK ORDER .: FEI-FT -3588-07-02
CONTRACTORIFIRM NAME: Forae Enalneerlno. Inc.
DEPARTMENT:
TECM
Original Contract Amount: $ 9.800,00
(Starling Point)
Ourrent BCC Approved Amount: $ N/A
(Last Total Amount Approved by the BCC)
Current Contract Amount: $ 9.800.00
(Including All Changes Prior To This Modification)
Change Amount: $ 95O.00
RevIsed ContractIWork Order Amount: $ 10.750.00
(Including This Change Order)
Cumulative Dollar Value of Changes to this ContractIWork Order: $950.00
Date of Last BCC Approval
N/A
Agenda Item # N/A
Percentage of the change over/under current contract amount
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 10 BCC by the .purchasing department CCNA Work Orders: For all work orders that
exceed $500,000 where the change does nClt exceed 10% or $10,000, these changes are reported by the Purchasing
Department 10 the BCC administratively. Changes 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.
~,( '1,~9 % ev
CURRENT COMPLETION DATE (S):ORlGlNAL:
March 21. 2007
CURRENT:
June 21 2007
SUMMARY OF PROPOSED CHANGE (S): Identify the changes.
necessarv to Drovide information reauesled bv FOOT.
This chance order is for additional services
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? A sloDe
stability analvsls will be oerformed 10 ensure safety of the aeneral public once the pedestrian bridce is in place.
PARTIES CONTACTED REGARDING THE CHANGE: Force Enaineerina. Inc.. FOOT
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N1A)
V"Proposed change is consistent with the scope of the existing agreement
../ Proposed change is in fact an addition or deletion to the existing scope
v Change is being implemented in a manner consistent with the existing agreement
'11' The appropriate parties have been consulted regarding the change
2. Proposed prices, fees and costs set forth in the change are reasonable
PROJECT MANAGER RECOMMENDATION: Th~ ~nn is to be signed and dated.
APPROVE BY: " I' ;.{ tiJ!j/ Date: s-II '-f ! 0 t
p. ~ anag \ ;; /,) ~j7
REVIEWED BY: ate: .5 ~ v
/ '
Revised 10.24.2006
.
Agenda Item No. 16E4
June 12, 2007
Page 1 of 9
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners recognize a
Memorandum of Understanding between the County, the Social Security
Administration and the Department of Homeland Security instituting participation
in their Employment Eligibility Verification Program (EVV), Basic Pilot to verify
information on newly hired employees and to maintain compliance with
Immigration laws.
OBJECTIVE: For the Board of County Commissioners to recognize a Memorandum of
Understanding between the County, the Social Security Administration and the Department of
Homeland Seeurity instituting participation in the Basic Employment Verification Pilot. This
program allows the employer (Collier County BCe) to confiml the employment eligibility of all
newly hired employees after the Employment Eligibility Verification Form (1-9) has been
completed.
CONSIDERATIONS Collier County continually looks for opportunities to improve our
services and ensure we are in compliance with all local, state and Federal laws in the area of
employment. Participation in this program is voluntary to employers, and we are electing to take
part to ensure that we are meeting or exceeding guidelines provided in regards to Immigration
law. Authority for this program is found in Title IV, Subtitle A, of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (HRlRA), Pub. L. 104-208. 110 Stat. 3009.
LEGAL CONSIDERATIONS: The Basic Pilot Memorandum of Understanding (MOU)
has been approved by the County Attomey's Office for form and legal sufficiency.
FISCAL IMPACT: There is no Fiscal Impact associated with participation; employers may
take pmi in this progranl free of charge.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated
with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners recognize the
memorandum of understanding and find t11at it is in the best interest of the County to participate
in the Employment Eligibility Verification Program to ensure complianee with Immigration
Laws.
Prepared by: Jean Merritt, Director, Hunlan Resources
Amy Lyberg, Mauager, Employment Operations
lIemNumber:
ltemSummary:
Meeting Date:
Page 1 of 1
Agenda lIem No. 16E4
June 12, 2007
Page2of9
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16E4
Recommendation that the Board of County Commissioners recognize a Memorandum of
Understanding between the County, the Social Security Administration and the Department
of Homeland Security instituting participation in their Empioyment Eligibility Verification
Program (EVV:,. BaSIc Pilot to verify information on newly hired employees and to maintain
compliance willllmmigration law
6112/20078.00 QOAM
Employmel1tOperation&Manager
Date
Prepared By
Amy Lybcrg
Administrative Services
Human Resources
5/17/20075:56:03 PM
HllmanResources Director
Date
Approved By
Jean Merritt
Administrative Services
Human Resources
6/1/20072:23 PM
Approved By
Purchasing/General SvcsDirector
Dala
SteveCamell
Administrative Services
Purchasing
&/1J20073:20PM
OMS Coordinator
Out..
Approved By
OMBCoordinator
County Manager's Office
Office 01 Manrogemenl & Budget
&/1120073:27 PM
Laura Davisson
Management & Budget Analyst
D,,.
Approved By
County Manager'sOrfice
Office of Manllgement & Budget
&/1120074:00 PM
Approved By
Michael Smykowski
COlJnty Manager's Office
Management & Budget Director
Date
Office of Management & Budget
614120079:23 AM
County Manager
Date
Approved By
JarnesV. Mudd
Bo.trdofCoul1ly
Commissioners
County ManllglH'sOffice
6/41200712:15 PM
file://C:\AgendaTest\Export\84-June%20 12,%202007\ 16. %20CONSENf%20AGENDA \ 16E.. 6/612007
Agenda Item No. 16E4
June 12, 2007
Page 3 of 9
ARTICLE I
PURPOSE AND AUTHORITY
This Memorandum of Understanding (MOU) sets forth the points of agreement between the Social
Security Administration (SSA), the Department of Homeland Security and (Employer) regarding the
Employer's participation in the Basic Employment Verification Pilot (Basic Pilot). The Basic Pilot is a
pilot program in which the employment eligibility of all newly hired employees will be confirmed
after the Employment Eligibility Verification Form (Form 1-9) has been completed.
Authority for the Basic Pilot is found in Title IV, Subtitle A, of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (llRIRA), Pub. L. 104-208, 110 Stat. 3009.
ARTICLE II
FUNCTIONS TO BE PERFORMED
A. RESPONSIBLITIES OF THE SSA
1. Upon completion of the Fonn 1-9 by the employee and the Employer, and provided the
Employer complies with the requirements of this MOU, SSA agrees to provide the Employer with
available information that will allow the Employer to confirm the accuracy of Social Security
Numbers provided by all newly hired employees and the employment authorization of some newly
hired employees.
2. The SSA agrees to provide to the Employer appropriate assistance with operational problems
that may arise during the Employer's participation in the Basic Pilot. The SSA agrees to provide the
Employer with names, titles, addresses, and telephone numbers of SSA representatives to be contacted
during the Basic Pilot.
3. The SSA agrees to safeguard the infonnation provided by the Employer through the Basic
Pilot procedures, and to limit access to such infonnation, as is appropriate by law, to individuals
responsible for the verification of Social Security Numbers and for evaluation of the Basic Pilot or
such other persons or entities who may be authorized by the SSA as governed by the Privacy Act (5
U.S.C. As 552a), the Social Security Act (42 V.S.C. 1306(a)), and SSA regulations (20 CFR Part
401).
4. SSA agrees to establish a means of automated verification that is designed (in conjunction
with the Department of Homeland Security's automated system if necessary) to provide confinnation
or tentative nonconfinnation of employees' employment eligibility within 3 Federal Government work
days of the initial inquiry.
5. SSA agrees to establish a means of secondary verification (including updating SSA records as
may be necessary) for employees who contest SSA tentative nonconfirmations that is designed to
provide final confirmation or nonconfirmation of the employees' employment eligibility within 10
Federal Government work days of the date of referral to SSA, unless it detennines that more than 10
days may be necessary. In such cases, SSA will provide additional verification instructions.
B. RESPONSIBLITIES OF THE DEPARTMENT OF HOMELAND SECURITY
.
Agenda Item No. 16E4
June 12, 2007
Page 4 of 9
I. Upon completion of the Form 1-9 by the employee and the Employer, and completion by the
Employer of SSA verification procedures reqnired prior to initiation of Department of Homeland
Security verification procedures, the Department of Homeland Security agrees to provide the
Employer access to selected data from the Department of Homeland Security's datahase to enable the
Employer to conduct automated verification checks on newly hired alien employees by electronic
means.
2. The Department of Homeland Security agrees to provide to the Employer appropriate
assistance with operational problems that may arise during the Employer's participation in the Basic
Pilot. The Department of Homeland Security agrees to provide the Employer names, titles, addresses,
and telephone numbers of Department of Homeland Security representatives to be contacted during
the Basic Pilot, including one or more individuals in each Department of Homeland Security district
office covering an area in which the Employer hires employees covered by this MOU.
3. The Department of Homeland Security agrees to provide to the Employer a manual containing
instructions on Basic Pilot policies, procedures and requirements for both SSA and Department of
Homeland Security, including restrictions on use of Basic Pilot procedures (the Basic Pilot Manual).
The Department of Homeland Security agrees to provide training materials on the Basic Pilot.
4. The Department of Homeland Security agrees to provide to the Employer a notice, which
indicates the Employer's participation in the Basic Pilot. The Department of Homeland Security also
agrees to provide to the Employer anti-discrimination notices issued by the Office of Special Counsel
for Immigration-Related Unfair Employment Practices (OSC), Civil Rights Division, U.S. Department
of Justice.
5. The Department of Homeland Security agrees to issue the Employer a user identification
number and password that will permit the Employer to verifY infonnation provided by alien
employees with Department of Homeland Security's database.
6. The Department of Homeland Security agrees to safeguard the information provided to the
Department of Homeland Security by the Employer, and to limit access to such information to
individuals responsible for the verification of alien employment eligibility and for evaluation of the
Basic Pilot, or to such other persons or entities as may be authorized by applicable law. Information
will be nsed only to verify the accuracy of Social Security Numbers and employment eligibility, to
enforce the INA and federal criminal laws, and to ensure accurate wage reports to the SSA.
7. The Department of Homeland Security agrees to establish a means of automated verification
that is designed (in conjunction with SSA verification procedures) to provide confinnation or tentative
nonconfirmation of employees' employment eligibility within 3 Federal Government work days of the
initial inquiry.
8. The Department of Homeland Security agrees to estahlish a means of secondary verification
(including updating Department of Homeland Security records as may be necessary) for empioyees
who contest Department of Homeland Security tentative nonconfirmations that is designed to provide
final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal
Government work days of the date of refelTaI to the Department of Homeland Security, unless it
determines that more than 10 days may be necessary. In such cases, the Department of Homeland
Security will provide additional verification instructions.
C. RESPONSIBILITIES OF THE EMPLOYER
Agenda lIem No. 16E4
June 12, 2007
Page 5 of 9
1. The Employer agrees to display the notices supplied by the Department of Homeland Security
in a prominent place that is clearly visible to prospective employees.
2. The Employer agrees to provide to the SSA and the Department of Homeland Security the
names, titles, addresses, and telephone numbers of the Employer representatives to be contacted
regarding the Basic Pilot.
3. The Employer agrees to become familiar with and comply with the Basic Piiot Manual.
4. The Employer agrees that all Employer Representatives performing employment verification
queries will complete the Basic Pilot Web-Based Tutorial.
5. The Employer agrees to comply with established Form 1-9 procedures, with one exception:
When an employee presents a "List B" identity document, the Employer agrees that it will only accept
"List B" documents that contain a photograph. (List B documents identified in 8 C.F.R. Ail
274a.2(b)(l )(B)) can be presented during the Fonn 1-9 process to establish identity).
6. The Employer understands that participation in the Basic Pilot does not exempt the Employer
from the responsibility to complete, retain, and make available for inspection Fonns 1-9 that relate to
its employees, or from other requirements of applicable regulations or laws, except for the following
modified requirements applicable by reason of the Employer's participation in the Basic Pilot: (I)
identity documents must have photographs, as described in paragraph 5 above; (2) a rebuttable
presumption is established by section 403(b) of llRIRA that the Employer has not violated section
274A(a)(l)(A) of the INA with respect to the hiring of any individual if it obtains confirmation of the
identity and employment eligibility of the individual in compliance with the terms and conditions of
the Basic Pilot; (3) the Employer must notify the Department of Homeland Security if it continues to
employ any employee after receiving a tinal nonconfirmation, and is subject to a civil money penalty
between $500 and $1,000 for each failure to notify the Department of Homeland Security of continued
employment following a final nonconfirmation; (4) the Employer is subject to a rebuttable
presumption that it has knowingly employed an unauthorized alien in violation of section
274A(a)(1)(A) if the Employer continues to employ any employee after receiving a final
nonconfinnation; and (5) no person or entity participating in the Basic Pilot shall be civilly or
criminally liable under any law for any action taken in good faith on infonnation provided through the
confirmation system. The Department of Homeland Security reserves the right to conduct Fonn 1-9
compliance inspections during the course of the Basic Pilot, as well as to conduct any other
enforcement activity authOlized by law.
7. The Employer agrees to initiate the Basic Pilot verification procedures within 3 Employer
business days after each employee has been hired (but after both sections 1 and 2 of the Fonn 1-9 have
been completed), and to complete as many (but only as many) steps of the Basic Pilot process as are
necessary according to the Basic Pilot Manual. The Employer is prohibited from initiating verification
procedures before the employee has been hired and the Fonn 1-9 completed. If the automated system
to be queried is temporarily unavailable, the 3-day time period is extended until it is again operational
in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period
of unavailability. In all cases, the Employer will use the SSA verification procedures first, and will use
the Department of Homeland Security verification procedures only as directed by the SSA verification
response.
8. The Employer agrees not to use the Basic Pilot procedures for pre-employment screening of
job applicants, support for any unlawful employment practice, or any other use not authorized by this
.
Agenda Item No. 16E4
June 12, 2007
Page 6 of 9
MOD. The Employer will not verify selectively; it agrees to use the Basic Pilot procedures for all new
hires as long as this MOD is in effect. The Employer agrees not to use Basic Pilot procedures for
reverification, or for employees hired before the date this MOD is in effect. The Employer understands
that should the Employer use the Basic Pilot procedures for any purpose other than as authorized by
this MOD, the Employer may be subject to appropriate legal action and the immediate termination of
its access to SSA and Department of Homeland Security infonnation pursuant to this MOD.
9. The Employer agrees not to take any adverse action against an employee based upon the
employee's employment eligibility status while SSA or the Department of Homeland Security is
processing the verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. A@
274a.I(1)) that the employee is not work authorized. The Employer understands that an initial inability
of the SSA or Department of Homeland Security automated verification to verify work authorization,
or a tentative nonconfirmation, does not mean, and should not be interpreted as, an indication that the
employee is not work authorized.
10. The Employer agrees to comply with section 274B of the INA by not discriminating
unlawfully against any individual in hiring, firing, or recruitment practices because of his or her
national origin or, in the case of a protected individual as defined in section 274B(a)(3) of the INA,
because of his or her citizenship status. The Employer understands that such illegal practices can
include discharging or refusing to hire eligible employees because of their foreign appearance or
language, and that any violation of the unfair immigration-related employment practices provisions of
the INA could subject the Employer to civil penalties pursuant to section 274B of the INA and the
termination of its participation in the Basic Pilot. If the Employer has any questions relating to the
anti-discrimination provision, it should contact OSC at 1-800-255-7688 or 1-800-237-2515
(TOO).
II. The Employer agrees to record the case verification number on the employee's Fonn 1-9 or to
print the screen containing the case verification number and attach it to the employee's Fonn 1-9.
12. The Employer agrees that it will use the information it receives from the SSA or the
Department of Homeland Security pursuant to the Basic Pilot and this MOD only to confinn the
employment eligibility of newly-hired employees after completion of the Form 1-9. The Employer
agrees that it will safeguard this information, and means of access to it (such as PINS and passwords)
to ensure that it is not used for any other purpose and as necessary to protect its confidentiality,
including ensuring that it is not disseminated to any person other than employees of the Employer who
need it to perform the Employer's responsibilities under this MOD.
13. The Employer acknowledges that the information which it receives from SSA is governed by
the Pri';acy Act (5 US.C. A@ 552a(i)(I) and (3)) and the Social Security Act (42 D.S.C. 1306(a)), and
that any person who obtains this infonnation under false pretenses or uses it for any purpose other than
as provided for in this MOD may be subject to climinal penalties.
14. The Employer agrees to allow the Department of Homeland Security and SSA, or their
authorized agents or designees, to make periodic visits to the Employer for the purpose of reviewing
Basic Pilot-related records, i.e., Fonns 1-9, SSA Transaction Records, and Department of Homeland
Security verification records, that were created during the Employer's participation in the Basic Pilot
Program. In addition, for the purpose of evaluating the Basic Pilot, the Employer agrees to allow the
Department of Homeland Security and SSA or their authorized agents or designees, to interview it
regarding its experience with the Basic Pilot, to interview employees hired during the Basic Pilot
concerning their experience with the pilot, and to make employment and Basic Pilot-related records
Agenda Item No. 16E4
June 12, 2007
Page 7 of 9
available to the Department of Homeland Security and the SSA, or their designated agents or
designees.
ARTICLE III
REFERRAL OF INDIVIDUALS TO THE SSA AND THE DEPARTMENT OF HOMELMlD
SECURITY
A. REFERRAL TO THE SSA
1. The Employer will refer individuals to SSA field offices only as directed by the automated
system based on a tentative nonconfirmation, and only after the Employer records the case verification
number, reviews the input to detect any transaction errors, and detennines that the employee contests
the tentative nonconfirmation. The Employer will transmit the Social Security Number to SSA for
verification again if this review indicates a need to do so. The Employer will determine whether the
employee contests the tentative nonconfinnation as soon as possible after the Empioyer receives it.
2. If the employee contests an SSA tentative nonconfirn1ation, the Employer will provide the
employee with a referral letter and instruct the employee to visit an SSA oftice to resolve the
discrepancy within 8 Federal Government work days. The Employer will make a second inquiry to the
SSA database using the Basic Pilot procedures on the date that is 10 Federal Government work days
after the date of the referral in order to obtain confirmation, or final nonconfirmation.
3. The Employer agrees not to ask the employee to obtain a printout from the Social Security
Number database (the Numident) or other written verification of the Social Security Number from the
SSA (other than the Social Security Number Card).
B. REFERRAL TO THE DEPARTMENT OF HOMELMlD SECURITY
1. The Employer agrees to refer individuals to the Department of Homeland Security only when
the verification response received from the Department of Homeland Security automated verification
process indicates a tentative nonconfinnation, and the employee contests the tentative
nonconfinnation. The Employer will detennine whether the employee contests the tentative
nonconfinnation as soon as possible after the Employer receives it.
2. If the Employer receives a tentative nonconfinnation from the Department of Homeiand
Security, the Employer will record the case verification number and date on the Fonn 1-9 or print the
screen showing the case verification number and attach the printout to the Form 1-9, determine
whether the employee contests the tentative nonconfinnation, and instruct an employee who contests
to contact the Department of Homeland Security to resolve the discrepancy within 8 Federal
Government work days, using Basic Pilot procedures. The Department of Homeland Security will
electronically transmit the result of the referral to the Employer within 10 Federal Government work
days of the referral.
ARTICLE IV
SERVICE PROVISIONS
Agenda Item No. 16E4
June 12, 2007
Page 8 of 9
The SSA and the Department of Homeland Security will not charge the Employer for verification
services performed under this MOU. The Employer shall be responsible for providing equipment
needed to make inquiries. To access the Basic Pilot System, an Employer will need a personal
computer with Internet access.
ARTICLE V
PARTIES
This MOU is effective upon the sif,'llature of all parties, and shall continue in effect for as long as the
SSA and the Department of Homeland Security conduct the Basic Pilot unless modified in writing by
the mutual consent of all parties, or terminated by any party upon 30 days prior written notice to the
others. Termination by any party shall tenninate the MOU as to all parties. The SSA or the
Department of Homeland Security may terminate this MOU without prior notice if deemed necessary
because of the requirements of law or policy, or upon a determination by SSA or the Department of
Homeland Security that there has been a breach of system integrity or security by the Employer, or a
failure on the pmi of the Employer to comply with established procedures or legal requirements. Some
or all SSA and Department of Homeland Security responsibilities under this MOU may be performed
by contractor(s).
Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or
procedural, enforceable at law by any third party against the United States, its agencies, officers, or
employees, or against (Employer), its agents, officers, or employees.
Agenda Item No. 16E4
June 12, 2007
Page 9 of 9
Each party shall be solely responsible for defending any claim or action against it arising out of or
related to the Basic Pilot or this MOU, whether civil or criminal, and for any liability therefrom,
including (but not limited to) any dispute between the Employer and any other person or entity
regarding the applicability of Section 403(d) of lIRlRA to any action taken or allegedly taken by the
Employer.
The employer understands that the fact of its partIcIpation in the Basic Pilot is not confidential
information and may be disclosed as authorized or required by law and USClS or SSA policy,
including but not limited to, Congressional oversight, Basic Pilot publicity and media inquiries, and
responses to inquiries under the Freedom oflnformation Act (FOIA).
The foregoing constitutes the full agreement on this subject between the SSA, the Department of
Homeland Security, and the Employer.
.
Agenda Item No. 16E5
June 12, 2007
Page 1 of 6
EXECUTIVE SUMMARY
Recommendation to approve the addition of the classification "Director - Coastal
Management Programs"to the 2007 Fiscal Year Pay and Classification Plan.
OBJECTIVE: To gain approval from the Board of County Commissioners to approve the
addition of the classification 'Director - Coastal Management Programs to the 2007 Fiscal Year
Pay and Classification Plan as a pay grade 29.
CONSIDERATION: A recent reorganization within the County Manager's Agency resulted in
the centralization of all Coastal Management Programs within the Public Services Division
managed by a newly appointed Director. This Executive Summary will formally add this Director
classification to the 2007 Fiscal Year Pay and Classification Plan as a pay grade 29. The
classification specification is attached.
FISCAL IMPACT: The results of this action will have no fiscal impact to the County since there
will be a minimum salary increase which will be absorbed with the Division's existing budget.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with
this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners approve the addition of the
classification 'Director - Coastal Management Programs" to the 2007 Fiscal Year Pay and
Classification Plan as a pay grade 29.
PREPARED BY: Donald B. Albonesi, Manager - Compensation, Department of Human
Resources
.-
1
Item Number:
Item Summary:
Meeting Date:
Page lofl
Agenda Item No_ 16E5
June 12, 2007
Page 2 of6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16E5
Recommendation to approve the addition 01 the classification Direclor Coastal Management
PrO']raITlS to \hE> 2007 Fiscal Year Pay andClassilica\lOn Plan
5112/2007S.00:DOAM
CompenslltionMan~gar
Date
Prepllred By
DonaJdAlbonesi
AdministratlveServices
Human Resource5
5/101200712:51:14PM
Compensation Maollger
Date
Approved By
DonaldAlbonesi
Administrative Services
Human Resource5
5110/200712:49PM
Facilities Managemllnt Director
Date
Approveu By
Skip Camp,C.F,M.
Administrative Services
FadlitiesManagement
5/10/20073:47 PM
OMBCoordinator
OMBCoordinlltor
Ollte
Approved By
County Mlln~ger'~ Officll
Office of Man.1gemant & Budget
5111/2007 8,~;6 AM
Approved By
L.1uraDavi$soll
Counry Manager's Office
Management 3. Budgel Analyst
Date
Office of Management 3. Budget
5/11120079:05AM
Management & 6udgelAnalyst
DJN
Approved By
sllcrryPryor
County Manager'sOffi<:e
OffiCf! of Management & Budget
5/11/20071203PM
Michael Smykowskl
Management & Budgf!t Director
Date
Approved By
County Manager's Office
Office of Management & BlJd~t
5/111200712SBPM
Approved By
JamesV.Mudd
Board of Counly
Commissioners
County Manager
DlIte
County Managor'sOfflce
5111120074:13 PM
file://C:\AgendaTest\ExDort\84-June%2012.%202007\ 16. %2OCONSEN'P/n20AC;ENDA \ 16E.. 6/6/2007
Agenda Item No. 16E5
June 12, 2007
Page 3 of 6
Class Code: 15520
Pay Grade: 29
COLLIER COUNTY, FLORIDA
CLASSIFICA nON SPECIFICA nON
CLASSIFICATION TITLE:
DIRECTOR - COASTAL MANAGEMENT
PROGRAMS
PURPOSE OF CLASSIFICATION
The purpose of this classification is to provide coastal systems engineering, project management, planning, analysis,
policy development and technical expertise for all Coastal Zones in the County. These programs include beach re-
nourishment, inlet management, beach maintenance, waterways protections, artificial reef development and
construction, coastal construction, and estuary management. Cooperates with citizens' groups, regulators and other
governmental entities to achieve goals and objectives. Interfaces with regulators (Almy Corps of Engineers, Florida
Department of Environment Protection, etc.) to negotiate and obtain environmental permits.
ESSENTIAL FUNCTIONS
The following duties are normal for this position. The omission of specific statements of the duties does not
exclude them from the classification if the work is similar, related, or a logical assignment for this classification.
Other duties may be required and assigned.
Manages, directs, and evaluates assigned staff, processing employee concerns and problems, directing work,
counseling, disciplining, and completing employee performance appraisals; conducts interviews and makes hiring
recommendations; coordinates training activities.
Oversees daily work activities; organizes, prioritizes, and assigns work; conducts staff meetings; monitors status of
work in progress and inspects completed work; confers with assigned staff, assists with complex/problem situations,
and provides technical expeltise.
Ensures compliance with all applicable laws, rules, regulations, standards, policies and procedures; ensures adherence
to established safety procedures; monitors work environment and use of safety equipment to ensure safety of
employees and other individuals; initiates any actions necessary to correct deviations or violations.
Consults with County Administration, Division Administrator or other officials to review department
operations/activities, review/resolve problems, receive advice/direction, and provide recommendations. Oversees
programs, projects and work activities with those of other departments, contractors, consultants, outside agencies, or
others as needed.
Plans, directs reviews, and supervises operations and activities of the Coastal Zone Management Department to
preserve the County's natural resources while balancing growth; compiles and analyzes various data and
information; prepares techniques to evaluate data; evaluates comments from stakeholders; presents information to
various groups; drafts policy and recommendations.
Plans, oversees, reviews, and expedites the project design process and construction activities for beaches, inlets, and
beach maintenance. Plans, organizes, directs, and supervises waterways marking and altificial reefs development,
construction and maintenance. Plans, organizes, directs, and supervises Beach Park Facilities planning,
development, design and construction.
@ DMG-MAXIMUS, INC.
Page 1
Last Revised: May, 2007
r
Collier, County, Florida. Director-Coastal Management Programs
Agenda Item No. 16E5
June 12, 2007
Page 4 of 6
15520
Develops and implements long and short term plans, goals, and objectives for the department; evaluates efficiency and
effectiveness of department and division operations, methods, and use of resources; implements improvements as
needed.
Develops, recommends, updates, and implements policies and procedures relating to Coastal Zone Management
Programs; drafts, recommends, and presents ordinances, lUles, regulations, and administrative procedures relating to
Coastal Zone Management environmental protection; confers with various individuals/organizations to explain
proposed policies, procedures and ordinances.
Supervises and participates in the development and administration of department budgets. Submits justification for
programs and services; monitors expenditures to ensure compliance with approved budget. Oversees the long term
planning/funding of the Beach Inlet and Beach Park Facilities funds.
Attends meetings, serves on committees, and makes presentations as needed; represents the County at various
Board/Commission meetings. Coordinates the activities of the Coastal Advisory Committee and the Clam Bay Task
Force; and attends and participates in meetings of committees and professional groups.
Oversees selection and supervision of outside consultants and contractors for design services; reviews and evaluates
consultants' proposals, contracts and specifications; resolves conflicts involving consultants/contractors; resolves
construction design problems.
Ensures that department projects and activities are in line with those of other departments, contractors, outside
agencies or others as needed.
Provides assistance to and responds to questions/complaints from citizens, developers and staff regarding Coastal
Zone issues; provides information, researches problems, and initiates resolution of problems/complaints.
Performs administrative tasks associated with Coastal Zone project planning, design, and construction activities
along with general department operations; reviews and approves contracts, contract amendments, and change orders;
reviews and approves executive summaries; reviews/approves timesheets and leave requests; reviews/approves
invoices and purchase orders.
Prepares or completes v3lious forms, repOlis, correspondence, pelfonnance evaluations, personnel action reports,
activity reports, statistical reports, budget documents, contracts, agreements, purchase orders, policies, procedures, or
other documents.
Receives various forms, reports, correspondence, time sheets, leave requests, job applications, budget reports,
invoices, purchases orders, executive summaries, consultant proposals, contracts, contract amendments, agreements,
chance orders, capital improvement plans, design plans, maps, specifications, laws, policies, procedures, regulations,
standards, reference materials or other documentation; reviews, completes, processes, forwards, or retains as
appropriate.
Communicates with supervisor, County officials, other departments, employees, consultants, vendors, regulators, the
public, outside agencies, and other individuals as needed to coordinate work activities, review status of work,
exchange information, resolve problems, and give/receive feedback/direction.
Maintains a comprehensive, current knowledge of applicable laws and regulations; maintains an awareness of new
technologies, laws, methods, trends and advances in the profession; reads professional literature, attends workshops
and training sessions as appropriate.
Administers grants for the Tourist Development Council within other departments within Collier County
government, the City of Naples and the City of Marco Island. Prepares grant applications; administers and prepares
invoices for FDEP Beaches and Coastal System Grants, FEMA grants and FWC grants to offset costs of County's
<t> DMG-MAXIMUS, INC.
Page 2
Last Revised: May, 2007
Collier, County, Florida. Director-Coastal Management Programs
Agenda Item No. 16E5
June 12, 2007
Page 5 of 6
15520
long term Capital Cost Coastal Zone Management programs. Actively seeks grants for waterways, artificial reefs
and seagrasses and benthic community restoration/mitigation.
Plans, develops and implements environmental management and natural resources programs for the Coastal Zone
Management; serves as program/project manager as appropriate. Investigates estuary management technologies;
implements innovative and conventional methods to resolve seagrasses and benthic life die-off. Implements
strategies as appropriate.
Operates a personal computer, general office equipment, or other equipment as necessary to complete essential
functions, to include the use of word processing, spreadsheet, database, desktop publishing, engineering, modeling,
internet, email or other computer programs. Operates a boat/watercraft as appropriate in execution of these duties
along with shallow water diving/ snorkeling as required for reef, seagrass and benthic community investigation.
ADDITIONAL FUNCTIONS
Performs general/clerical tasks, which may include answering telephone calls, entering data into computer, making
copies, sending/receiving faxes, filing documentation, and processing incoming/outgoing mail.
Provides assistance 10 other employees or departments as needed.
Performs other related duties as required.
In the event of a declared state of emergency, employees in this classification may be called to work during days or
hours other than those for which they are regularly scheduled.
MINIMUM QUALIFICATIONS
Bachelor's degree in Business Administration, Public Administration, Civil Engineering, Environmental Engineering
or closely related field; supplemented by six (6) years of progressively responsible previous experience and/or training
that includes environmental services, civil engineering, contract management, budget administration, supervisionl and
personal computer operations; or any equivalent combination of education, training, and experience which provides the
requisite knowledge, skills, and abilities for this job. Must possess and maintain a valid Florida driver's license
including appropriate endorsement(s). Fingerprinting may be required.
PERFORMANCE APTITUDES
Data Utilization: Requires the ability to coordinate, manage, and/or correlate data. lncludes exercising judgment in
determining time, place and/or sequence of operations, referencing data analyses to determine necessity for revision of
organizational components, and in the formulation of operational strategy.
Human Interaction: Requires the ability to function in a director capacity for a major organizational unit requiring
significant internal and external interaction.
Eauipment. Machinery. Tools. and Materials Utilization: Requires the ability to operate, maneuver and/or control
the actions of equipment, machinery, tools, and/or materials used in performing essential functions.
Verbal Aptitude: Requires the ability to utilize a wide variety of reference, descriptivel advisory and/or design data
and information.
Mathematical ADtitude: Requires the ability to perform addition, subtraction, multiplication and division; ability to
calculate decimals and percentages; may include ability to perform mathematical operations with fractions; may
include ability to compute discount, interest, and ratios; may include ability to calculate surface areas, volumes,
weight.., and measures.
@ DMG-MAXIMUS, 1Ne.
Page 3
Last Revised: May, 2007
~
Collier, County, Florida. Director..coastal Management Programs
Agenda Item No. 16E5
June 12, 2007
Page 6 of 6
15520
Functional Reasonine:: Requires the ability to apply principles of influence systems, such as motivation, incentive,
and leadership, and to exercise independent judgment to apply facts and principles for developing approaches and
techniques to resolve problems.
Situational Reasoning:: Requires the ability to exercise judgment, decisiveness and creativity in situations involving
broader aspects of organizational programs and operations, moderately unstable situations, or the direction, control and
planning of an entire program or set of programs.
Leadershio:
Customer Service:
Financial Acconntabilitv:
ADA COMPLIANCE
Phvsical Abilitv: Tasks require the ability to exert very moderate physical effort in light work, typically involving
some combination of stooping, kneeling, crouching and crawling, and which may involve some lifting, carrying,
pushing andlor pulling of objects and materials of moderate weight (12-20 pounds).
Sensory Reauirements: Some tasks require the ability to perceive and discriminate visual cues or signals. Some tasks
require the ability to communicate orally.
Environmental Factors: Essential functions are regularly performed without exposure to adverse environmental
conditions.
Collier County is an Equal Opportunity Employer. In compliance with the Americans with Disabilities Act,
the County will provide reasonable accommodations to qualified individuals with disabilities and
encourages both prospective and current employees to discuss potential accommodations with the
employer.
<f) DMG-MAXIMUS, INC.
Page 4
Last Revised: May, 2007
Agenda Item No. 16Fl
June 12, 2007
Page 1 of 5
EXECUTIVE SUMMARY
Recommend approval of Change Order #3 in the amount of $20,000 on
Contract 05-3772 with Miles Media Group for Tourism Department Web Site
Modifications
OBJECTIVE: To add website improvements and enhancements to the tourism website
including a family-oriented section, seasonal landing pages, Blueway Paddling Trail pages, and
other enhaneed functionality.
CONSIDERATIONS: Miles Media Group redesigned and launched the new tourism web site
in March, 2005. During the planning phase of the new site, we did not contemplate a fanlily
oriented section, seasonal landing pages or the paddling trail pages necessary to keep pace with
the evolving tOUlism market. Therefore, a change order in the amount of $20,000 is required to
fund these enhancements. Accordingly, this change order requires BCC approval. The TDC
recommended this item for approval at the May 29, 2007 meeting.
--
FISCAL IMPACT: The CUITent amount of the Miles Media contract is $123,340.00. Tbe
requested change order in the amount of $20,000 represents a 13.95% increase over the CUITent
contract amount.
COUNTY ATTORNEY FINDING: This item is eligible for funding.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan
related to this action.
RECOMMENDATION: Approve Change Order # 3 for $20,000 on Contract 05-3772 with
Miles Media Group to add a family activity landing page, paddling trail pages, and other
enhancements needed to make this website more user friendly and authorize the County Manager
or his designee to execute the Change Order.
PREPARED BY: Kelly Green for Jack Wert, Tourism Director
.--
Page 1 of1
Agenda Item No. 16F1
June 12, 2007
Page2of5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
ltemNumber:
ttemSllmmary:
16F1
Recommend approval 01 Change Order #3 in the amount of $20,000 on Contract 05.3772
with Milas Media Group for Tourism Department 'Neb Site Modifications
Meetlng Date:
6112120079:0QOO,l\.M
Prepared By
Jack Wart
Tourism Director
Date
CountyMllnager's Office
Tourism
5130/200710 34:22 AM
Approved By
Linda Best
ContrllctsAgent
Date
AdministrlltiveServices
Purchasing
5/J0J200712:29PM
Approved By
Steve Carnell
Purchasing/General $vcs Dimctor
0".
AdministrZltlveServices
Purchasing
5/31/2007iO 02AM
Approved By
Jack Wert
Tourism Director
Date
County Manllger'sOffice
Tourism
5/31120072c.:OPM
Approved By
OMB Coor(linator
OMS Coordimllor
Date
County Manager's Olfice
Offi"e of M'Hl.1gement & Budget
6/1120079:46 AM
Approved By
Michael Smykow&ki
Manugement& B",dgc! Director
Date
County Mllnllger's Office
om>:!! of Management 8. 8udget
614120079:2L'AM
Approved By
JamesV.Mudd
County Manager
Pate
Board of County
Commissioners
County ManagEl,'sOffice
614/200712:53 PM
file:l/C:\AeendaTest\ExDort\84-June%20 12. %202007\ 16.%20CONSENTIIJo20AGENDA \ 16F.. 6/6/2007
CONTRACTIWORK ORDER MODIFICATION
CHECKUST FORM
Agenda Item No. 16Fl
June 12, 2007
Page 3 of5
PROJECT NAME n
w.u,Sik, I
B1DIRFP ,: 05-3772 MOD II:
n>/ot PROJECT #: nla
iJl$j._~~
POll: 4500073229 WORK ORDER #:
NA
DEPARTMENT: Tourism CONTRACTOR/FIRM NAME: Mil.. Media Grouo
Original Contract Amount:
$ _92,220.00
(SlaJ1ing Point)
Current BCC Approved Amount:
$
123.340.00
(Last Total Amount Approved by the BeC)
$ 123.340.00
(Including All Changes Prior To This Modification)
Current Contract Amount
Chango Amount:
Revised ContractlWork Order Amount: S
S
20.000.00
143.340.00
(Including This Change Order)
CUmul_ Dollar Value of Chang_ to this ContrlIctlWork Order: $
51,120.00
Date of Last BCC Approval
6122/06
Agenda ltom #16F2
Percentage of the change overfunder current contract amount
Formula: (Revised Amount I Last Bce approvad amount}- 1
Results and Actions: ContraclS: If the change exceeds 10% of the cunent BCC amount, then Bce approval is requited: equal to or
less than 10% reported to Bce by the purchasing department CCNA Work Orders: For all work orders that e><<:eed $200,000 where
the change does not e><<:eed 10% or $10.000, these changes are reported by the Purchasing Department to the Bce administratively.
Changers to these work orders that excead those thresholds require prior BCC approval. NON.cCNA Work Orders: If the change
axceeds 10% of the current BCC amount then BeC approval Is required. If In doubt contact yolS contract specialist. For more specific
Information regarding work order thresholds. please refer to the Procurement Administration Procedures. Section IV.3.d.
13.S5
%
CURRENT COMPLETION DATE (S):ORIGiNAL:
CURRENT:
onaoino
SUMMARY OF PROPOSED CHANGE (9): Identify the changes. Web site improvements and enhancements to
www oaradiseooast.com not anticipated In original scope of work when the web s~e was designad. Potential enhancements include:
Family oriented section to en1ice young people to access the s~e
Seasonal landing pages for special promotions
E.bIast deployment of 6 experiential targeted messages to selected consumers
Niche market landing pages and subsequent feature pages
Google map feature
JUSTIFICATION FOR CHANGE (5): What value or benefit do these changes provide to the project7
ImDOrtant enhancements to keeo the websitB user frtendtv and comoetftive.
PARTIES CONTACTED REGARDING THE CHANGE:
Jack Wert Lvn Wood. Miles Madia
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y. N or N1A)
L Proposed change is consistent with the scope of the existing agreement
L Proposed chenge is In fact an addItion or deletion to the exlsting scope
L Change is being ImpIemenled in a manner consis1ent with the existing asreement
L The appropriate parties have been consulted regarding the change
L Proposed prices, fees and costs set forth in tl1e change are reasonable
PROJECT MANAGER RECOMMENDATION: This form is to be signed snd dated.
APPROVE~ Date: :5"'/Z1" 07
j ..
Date:
Revised 10.24.2006
,
Agenda Item No. 16Fl
June 12, 20
Page 4 of 5
CHANGE ORDER
CHANGE ORDER NO. 3
CONTRACT NO. 05-3772
BCC Date: H~th ~*.:l005
Agenda Item: ( ~) ;.J...
TO: Miles Media GroUD
6751 Professional Parkway West
Sarasota. FL 34240-2300
DATE: May 8 2007
PROJECT NAME:
PROJECT NO.:
Tourism Webstte Desion & Maintenance
nfa
Under our AGREEMENT dated March 22
,2005.
You hereby are authorized and directed to make lne following,change(s).inaccordance with terms and
con,mions of the Agreement:
Web site improvements and enhancements to W<ffl oaradisecoasl.com not anticipated in original scope of work
when the web site was designed. Potential enhancements include:
. Family oriented section to entice young people to aocess the site
Seasonal landing pages for special promotions
E-blast deployment of 6 experiential targeted messages to selected consumers
Niche marketlanc1ing pages and subsequent feature pages
Google map feature
Projected Cost: $20,000
FOR THE (Additive) Sum at Twenty thousand dollars
Original Agreement Amount
Sum of Previous Changes
($ 20.000 l.
Present Agreement Amount
$ 92.220.00
$ 3t .120.00
$ 20.000.00
$ 143 340.00
This Change Order (Add)
The time for completion shall be (increased/decreased) by 0 calendar dayS due to this Change
Order. ACCOrdingly, the Contract Time is now l L 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 p&fformed 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 constllute a full and final settlement of any and
all claims of the Contractor arising out of or related to the change set forth herein, induding claims for impact
and delay costs.
Accepted:
.2007
CONTRACTOR:
Miles Media Group
OWNER:
BY:~~
William Bartens, CFO
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY. FLORIDA
By:
J:ack Wart nirA~nr
Agenda Item No. 16Fl
June 12, 2007
Page 5 of 5
ft ~~~~r~ia
SCOPE OF SERVICES FOR WEB SITE
Web site improvements and enhancements to www.oaradisecoast.com not
anticipated in original scope of work when the web site was designed. Planned
enhancements include:
Family oriented section to entice young people to access the site
Seasonal landing pages for special promotions
Paradise Coast Blueway Paddling Trail pages and sub site
E-blast deployment of three experiential messages to selected
consumers
Four niche market landing pages and subsequent feature pages
Google map feature
Pr'1iect Cost: $20,000
Estimated Proof Time from Signature: 16 Weeks
Approval:
Customer Signature:
Date:
Miles Media Group Signature:
Date:
Agenda Item No. 16F2
June 12, 2007
Page 1 of6
EXECUTIVE SUMMARY
Recommendation to approve Memorandum of Understanding between Collier
County and Habitat for Humanity of Collier County
OBJECTIVE: Board of County Commissioners approval of Memorandum of
Understanding between Collier County and Habitat for Humanity of Collier County.
CONSIDERATIONS: Under Chapter 252, Florida Statutes, Collier County, through its
Emergency Management Depmiment, provides coordination of emergency services
within Collier County. Coliier County also coordinates the administration of relief
activities of both public and private relief/disaster organizations that agree to volunteer
their services under direction or guidance of Coliier County authorities. Collier County
may also utilize personnel and faciiities of relief/disaster assistance of organizations,
Churches, Temples, Synagogues for the distribution of food, wakr, supplies, and/or other
items for temporary relief activities.
The purpose of the Memorandum of Understanding is to set forth, define, and establish
mutual agreements, understandings, guidelines, and obligations between Collier County
and Habitat for Humanity of Coliier County of Coliier County to coordinate relief efforts
at the time of a disaster.
GROWTH MANAGEMENT: There IS no Growth Impact with this Executive
Summary.
FISCAL IMPACT: There is no Fiscal Impact.
RECOMMENDATIONS: That the Board approve the MOU's between the Coliier
County Board of County Commissioners, through its Emergency Management
Department and Habitat for Humanity of Collier County whieh has volunteered to
partner with Emergency Management during both a Presidentially declared and
undeclared disasters.
Prepared by: Judy Scribner, Hwnan Services Program Manager, Emergency
Management Depar1ment.
~
Item Number:
Item Summary:
Meetlng Date:
Page 10fl
Agenda Item No. 16F2
June 12, 2007
Page 2 of6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16F2
Recommendation to approve Memorandum of Understanding for county emergencies
between Collier County and Habitat for Humallily of Collier County
6!121200780000AM
Date
Prepared By
Judy Scribner
Public Services
Case Manilgement Supervisor
Housing & Human Services
5117/200710:49:21 AM
Assistant County Attorney
Date
Approved By
JenniferA. Belpedio
County Attorney
County Attorney Office
5/31/20079:25 AM
Dale
Approved By
OilnE. Summers
County Manager's Office
Bureau of Emergency services Director
Burellu of Emergency Services
S131/20a72:3fJ PM
Date
Approved By
OMBCoordiniltor
County Manager'sOnies
OMBCoordinator
Office of Management & Budget
611120079:20AM
Michael Smykowski
Date
Approved By
County Manager'sO/fice
ManagementS Budget Director
Office of Management & Budget
G11120071:18PM
Approved By
Jamc&V.Mudd
Board of County
Comnli&sioners
County Manager
Date
County Manilger's Office
f:11120071:J6PM
file://C'.:\AQ:endaTe"t\Exn()rt\R4~June%20 12. %202007\ [6.%20CONSENT%20AGENDA \ J 6F... 6/6/2007
i""
Agenda Item No. 16F2
June 12, 2007
Page 3 of 6
Memorandum of Understanding
Between
Collier County Board of Commissioners
And
Habitat for Humanitv of Collier County
I: Puroose: The purpose of this Memorandum of Understanding (MOD) is to set forth, define
and establish mutual agreements, understandings, and obligations by and between the Collier
County Board of County Commissioners, through its Emergeney Management Department, and
Habitat for Humanity of Collier County.
II: Statement of Basic ResDonsibilities:
A. Collier County Board of County Commissioners, through its Emergency
Management Department, provides coordination of emergency services with
Collier County, ineluding ineorporated areas. This includes the selection and
utilization of various resourees and organizations capable of rendering assistance.
Under Chapter 252, Florida Statutes, the Board of County Commissioners,
through its Emergeney Management Department, also eoordinates the
administration of relief activities of both public and private relief or disaster
assistanee organizations whieh agree to volunteer their serviees under the
direction or guidanee of Collier County authorities. In addition, Collier County
may utilize personnel and facilities of relief or disaster assistance organizations,
ehurehes, temples and synagogues in the distribution of food, relief supplies,
medieines or other items and temporary sheltering as part of the restoration,
rehabilitation or reconstruction of eommunity serviees and essential faeilities
whenever Collier County authorities deem it necessary.
B. Reeognizing the inereased demand for ehurehes, temples, and synagogues to
supplement assistanee and recovery to victims of both Presidentially declared or
undeclared disasters and the need to work in harmony with loeal governments and
private relief ageneies, the Habitat for Humanity of Collier County wishes to
assist in rendering the most effieient serviee with a minimum of duplieation to the
citizens and guests of Collier County.
ill: Coordination of Effort: Cooperation and coordination between Collier eounty
Government, through its Emergency Management Department and Habitat for Humanity of
Collier County at a time of major disaster and during the post-disaster recovery period should be
maintained at efficient levels and is part of the purpose of this Agreement. Habitat for Humanity
of Collier County works on a voluntary basis as a member of the Collier Emergeney Response
Volunteer (CERV) Working Group, and will make a continuing effort 10 acquaint its members of
this Agreement to assist Collier County government in carrying out mutual responsibilities for
disaster relief.
IV: ResDonsibilities:
I
-
,-
.Y
Agenda Item No. 16F2
June 12, 2007
Page 4 of 6
A. Collier County Emergency Management Department agrees to the following:
1. Notify Habitat for Humanity of Collier County of the potential need to assist
in activities following a disaster, and
2. Participate in and develop training in disaster response for the members of
Habitat for Humanity of Collier County~and
3. Assi st in the development plans for Habitat for Humanity of Collier County~
and
4. Schedule periodic meetings and/or exercises to familiarize members of
disaster preparedness or recovery initiatives; and
5. Utilize, when and as appropriate, the services of Habitat for Humanity of
Collier County
for disaster relief and recovery projects; and
6. Whenever members of Habitat for Humanity of Collier County are
rendering aid to Collier County Government under this Agreement,
they shall have the same powers, duties, rights, privileges and
immunities as if they were performing their duties for Collier County,
and Collier County shall be liable for their acts and actions as if they
were performing their duties for Collier County; and
7. Collier County shall be liable for any loss or damages to any facility or
equipment utilized pursuant to this Agreement and shall pay any expenses in
the repair thereof; and
8. Collier County agrees to be responsible, to the extent provided under Florida
Statues 76828. for its negligent acts, however, this responsibility shall not
serve as a waiver of Collier County's Sovereign Immunity limits.
B. Habitat for Humanitv of Collier Countv_agrees to:
]. Provide facilities and/or staff to Collier County at no charge during
the disaster recovery period; and
2. Provide a 24 hour contact person and alternates; and
3. Provide a representative to attend periodic meetings of the Collier
Emergency Response Volunteer (CERV) Working Group; and
4. Participate in exercises developed by the Emergency Management
Department; and
5. Provide the Emergency Management Department with an update of facility
and manpower capabilities at least annually prior to June of each year.
C Both of the above named parties agreed to the following
]. No modifications or changes will be made to the facility/property by
the Collier County Representative without the express written
approval of the owner/operator.
2. Prior to occupancy, representatives of both parties will inspect the
facility/property and will note any discrepancies on the inspection form,
and/or this agreement.
3. Prior to occupancy, representatives of both parties will again inspect the
facility/property to note any discrepancies on the. release form. Normal
2
.-
Agenda Item No. 16F2
June 12, 2007
Page 5 of 6
wear and tear is considered to the responsibility of the
organization! owner/operator.
4. The facility/property will be returned to the organization/owner/operator in
the same condition as it was when occupied/acquired.
S. Other provisions as follow:_none
V. Effective Date. Automatic Renewal. and Modification: This Agreement presents the
general and some specific guidelines by which Collier County, through its Emergency
Management Department and Habitat for Humanity of Collier County will cooperate to aid
victims at the time of disaster. In witness thereof. the parties have executed this agreement
on the date indicated. The provisions of the Agreement will be effective from the date
approved by the Board of County Commissioners for a period of three (3) years. At the end
of the three year (3) period, this Agreement will automatically renew for an additional term
of one year unless terminated as provided in Paragraph VI of this Agreement. At the end of
the one (1 ) year renewal period. this Agreement will renew for an additional term of one (I)
year unless terminated as provided in Paragraph VI. of this Agreement. This Agreement may
only be automatically renewed two times. Both parties have the authority to amend
provisions of this Memorandum of Understanding upon mutual consent and by written
instrument executed by the Parties
VI. Termination: Either party may terminate this Agreement by providing the other par1y with
notice of its intent to terminate with 30 days written notice The Agreement may be
immediately and automatically terminated by the County without providing such notice,
should the County reasonably believe that the spirit or intent of Chapter 252, Florida Statutes
is not being effectuated by this Agreement.
AS TO COUNTY:
Attest:
DWIGHT E. BROCK. Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
By:
Deputy Clerk
By:_._.
, Chairman
Habitat for Humanity of Collier County
By~~t;7~4?~
STATE OF FLORIDA
COUNTY OF COLLIER
The
~l
foregoing
instrument was acknowledged before. me this-1tLday of
2007, by Nlrnoia~ \6)Oio\1(1r,-a.<; as VII". ot-l.o lid l:li.>\lfloprN1'w
,
-'
.
I......
.
,
Agenda Item No. 16F2
June 12, 2007
Page 6 of 6
Hll.~lf1it fu-H-1Am(H1.ij-~ ,a I\oh profit-
[ ] has produced driver' ltcense no.
4" [ 1 """""" '0_10 m, m
as identification.
.m
NOTAR VELIC
Name { '!c.:a &_ .~
(Type or Print)
My Commission Expires: 3/c..t I a1
.,,(:(!~. L.is. B. L.efkow
if".. ~-.~; Commission # DD293446
(SE '~~i.! Expires March 4, 2008
'i?f;{f;f$'~~ BonGed Tro-y Fam . Insurance. In:_ 800-3,I5-701S
Approved as to form and legal sufficiency:
~CJ:B ~o =-
J enn er A. Belpe
Assistant County Attorney
4
Agenda Item No. 16F3
June 12, 2007
Page 1 of 6
EXECUTIVE SUMMARY
Recommendation to approve Memorandum of Understanding between Collier
County and Veterans of Foreign Wars Post 7721
OBJECTIVE: Board of County Commissioners approval of Memorandum of
Understanding between Collier County and Veterans of Foreign Wars Post 7721.
CONSIDERATIONS: Under Chapter 252, Florida Statutes, Collier County, through its
Emergency Management Department, provides coordination of emergency services
within Collier County. Collier County also coordinates the administration of relief
activities of both public and private relief/disaster organizations that agree to volunteer
their services under direction or guidance of Collier County authorities. Collier County
may also utilize personnel and facilities of relief/disaster assistance of organizations,
Churches, Temples, Synagogues for the distribution of food, water, supplies, and/or other
items for temporary relief activities.
The purpose of the Memorandum of Understanding is to set fDlth, define, and establish
mutual agreements, understandings, guidelines, and obligations between Collier County
and Veterans of Foreign Wars Post 7721 of Collier County to coordinate relief efforts at
the time of a disaster.
GROWTH MANAGEMENT: There is no Growth Impact with this Executive
Summary.
FISCAL IMPACT: There is no Fiscal Impact.
RECOMMENDATIONS: That the Board approve the MOU's between the Collier
County Board of County Commissioners, through its Emergency Management
Department and Veterans of Foreign Wars Post 7721 which has volunteered to partner
with Emergency Management during both a Presidentially declared and undeclared
disasters.
Prepared by: Judy Scribner, Human Services Program Manager, Emergency
Management Department.
Item Number:
Item Summary:
Meeting Date:
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16F3
Page 1 of 1
Agenda Item No. 16F3
June 12, 2007
Page 2 of6
Recommendation 10 approve Memorandum of Understanding for county emergencies
between Collier County and Veterans of Foreign Wars Post 7721.
6/12/20079.0Q:OOAM
Date
Prepared By
Judy Scribner
Public Services
CaGe Management Supervisor
HOlJsing & Human Services
5117/200710 55:38AM
D~.
Approved By
JenniferA. Belpedio
CQuntyAttomey
Assistant County At!orney
Counly Attorney Office
51)1120079:2-& AM
Date
Approved By
Olin E. Summers
County Manager's Office
Bureau of Emergency Services Director
BurelluofEmergencySerl'ices
5131120072:42 PM
Date
Approved By
OMBCoordinator
County Manager's Office
OMBCc>ordinalor
Office of Management & Budget
6/1120079:21 AM
Dale
Approved By
Mict111el SOlykowl;ki
County Manager's Offic,"
Management & Budget Director
Office of MlInagemant & Budget
GI11200712:~2 PM
Date
Approved By
Jame$V. Mudd
Board of County
Commiss,ioners
County Manager
County Manage-r"s Ofro.::e
C11/20071,3SPM
file://C:\AgendaTest\Exnort\84-June%20 12. 0/0202007\ 16. %20CONSENT%l20AGENDA \ 16F.. 6/6/2007
-
" .
..
Agenda Item No. 16F3
June 12, 2007
Page 3 of 6
Memorandum of Understanding
Between
Collier County Board of Commissioners
And
Veterans ofForeism Wars Post 7721
I: Puroose: The purpose of this Memorandum of Understanding (MOU) is to set forth, define
and establish mutual agreements, understandings, and obligations by and between the Collier
County Board of County Commissioners, through its Emergency Management Department, and
Veterans of Foreign Wars Post 7721.
II: Statement of Basic Resoonsibilities:
A. Collier County Board of County Commissioners, through its Emergeney
Management Department, provides coordination of emergeney serviees with
Collier County, including ineorporated areas. This includes the selection and
utilization of various resources and organizations eapable of rendering assistance.
Under Chapter 252, Florida Statutes, the Board of County Commissioners,
through its Emergency Management Department, also coordinates the
administration of relief activities of both publie and private relief or disaster
assistance organizations whieh agree to volunteer their serviees under the
direction or guidanee of Collier County authorities. In addition, Collier County
may utilize personnel and facilities of relief or disaster assistance organizations,
ehurehes, temples and synagogues in the distribution of food, relief supplies,
medieines or other items and temporary sheltering as part of the restoration,
rehabilitation or reconstruction of eommunity serviees and essential facilities
whenever Collier County authorities deem it necessary.
B. Reeognizing the inereased demand for ehurehes, temples, and synagogues to
supplement assistance and recovery to victims of both Presidentially declared or
undeclared disasters and the need to work in harmony with loeal governments and
private relief agencies, the Veterans of Foreign Wars Post 7721 wishes to assist in
rendering the most efficient serviee with a minimum of duplication to the citizens
and guests of Collier County.
ill: Coordination of Effort: Cooperation and coordination between Collier eounty
Government, through its Emergency Management Department and Veterans of Foreign Wars
Post 7721 at a time of major disaster and during the post-disaster reeovery period should be
maintained at effieient levels and is part of the purpose of this Agreement. Veterans of Foreign
Wars Post 7721 works on a voluntary basis as a member of the Collier Emergency Response
Volunteer (CERV) Working Group, and will make a continuing effort to acquaint its members of
this Agreement to assist Collier County government in earrying out mutual responsibilities for
disaster relief
IV: Resoonsibilities:
1
.
Agenda Item No. 16F3
June 12, 2007
Page 4 of 6
A. Collier County Emergency Management Department agrees to the following:
1. Notuy Veterans of F oreign Wars Post 7721 of the potential need to assist
in activities following a disaster, and
2. Participate in and develop training in disaster response for the members of
Naples Veterans of Foreign Wars Post 772l;.and
3. Assist in the development plans fur Naples Veterans of Foreign Wars Post
7721~ and
4. Sehedule periodie meetings and/or exercises to familiarize members of
disaster preparedness or recovery initiatives; and
5. Utilize, when and as appropriate, the services of Naples Veterans of Foreign
Wars Post 7721
for disaster relief and recovery projects; and
6. Whenever members of Veterans of Foreign Wars Post 7721 are
rendering aid to Collier County Government under this Agreement,
they shall have the same powers, duties, rights, privileges and
immunities as if they were performing their duties for Collier County,
and Collier County shall be liable for their acts and aetions as if they
were performing their duties for Collier County; and
7. Collier County shall be liable for any loss or damages to any faeility or
equipment utilized pursuant to this Agreement and shall pay any expenses in
the repair thereof; and
8. Collier County agrees to be responsible, to the ex1ent provided under Florida
Statues 768.28, for its negligent acts, however, this responsibility shall not
serve as a waiver of Collier County's Sovereign Immunity limits.
B. Veterans of Foreign Wars Post 7721 agrees to:
1. Provide facilities and/or staff to Collier County at no eharge during
the disaster reeovery period; and
2. Provide a 24 hour contact person and alternates; and
3. Provide a representative to attend periodie meetings ofthe Collier
Emergeney Response Volunteer (CERV) Working Group; and
4. Partieipate in exercises developed by the Emergeney Management
Department; and
5. Provide the Emergeney Management Department with an update of facility
and manpower capabilities at least annually prior to June of each year.
C. Both of the above named parties agreed to the fullowing:
1. No modifications or changes will be made to the faeility/property by
the Collier County Representative without the express written
approval of the owner/operator.
2. Prior to occupancy, representatives of both parties will inspect the
faeility/property and will note any diserepancies on the inspection form,
and/or this agreement.
3. Prior to occupancy, representatives of both parties will again inspect the
faeility/property to note any discrepaneies on the release furm. Nonnal
2
.'
Agenda Item No. 16F3
June 12, 2007
Page 5 of 6
wear and tear is eonsidered to the responsibility of the
organization/owner/operator.
4. The facility/property will be returned to the organization/owner/operator in
the same condition as it was when occupied/acquired.
5. Other provisions as follow:_none
V. Effective Date. Automatic Renewal. and Modification: This Agreement presents the
general and some specifie guidelines by whieh Co1\ier County, through its Emergeney
Management Department and Veterans of Foreign Wars Post 7721 will eooperate to aid
victims at the time of disaster. In witness thereof, the parties have executed this agreement
on the date indicated. The provisions of the Agreement will be effective from the date
approved by the Board of County Commissioners for a period of three (3) years, At the end
of the three year (3) period, this Agreement will automatically renew for an additional term
of one year unless terminated as provided in Paragraph VI of this Agreement. At the end of
the one (I) year renewal period, this Agreement will renew for an additional term of one (1)
year unless terminated as provided in Paragraph VI. of this Agreement. This Agreement may
only be automatically renewed two times. Both parties have the authority to amend
provisions of this Memorandum of Understanding upon mutual consent and by written
instrument executed by the Parties.
VL Termination: Either party may terminate this Agreement by providing the other party with
notice of its intent to terminate with 30 days written notice. The Agreement may be
immediately and automatieally terminated by the County without providing such notice,
should the County reasonably believe that the spirit or intent of Chapter 252, Florida Statutes
is not being effeetuated by this Agreement.
AS TO COUNTY:
Attest:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
By:
Deputy Clerk
By:
, Chairman
WITNESSES:
Naples Veterans of Foreign Wars Post 7721
By: 1) ~ Wor- ~
Pri
Wl,^~:v..S
-
STATE OF FLORIDA
COUNTY OF COLLIER
\ The
A~.
foregoing
instrument was aeknowledged before
2007, by ~. w 1,....1L."-,, as
l~iG
Q),.,~ JONAllfANSHAW
. 'd MY COMMISSION' DO 564m
, , . EXPIRElI: Juno 18, 2010
ffl;, ......""'--~
me this...uday
\::........
of
of
3
I'
. ,
.'
, . a
iV1 has produced driver's license no.
Agenda Item No. 16F3
June 12, 2007
Page 6 of 6
(SEAL)
.........j:
Q)i ""t..; MYct:i:J~~.."
. . EXPIRES: Juno 18, 2010
BandldlhuNallryNllcUlldllIW'\!
~-, , .', .
Y PUBLIC
':$CN<... If!' ?olD
(Type or Print)
y Commission Expires:
Approved as to form and legal suffieiency:
ey
4
Agenda Item No. 16F4
June 12. 2007
Page 1 of 6
EXECUTIVE SUMMARY
Recommendation to approve Memorandum of Understanding between Collier
County and Guadalupe Social Services
OBJECTIVE: Board of County Commissioners approval of Memorandum of
Understanding between Collier County and Guadalupe Social Services.
CONSIDERATIONS: Under Chapter 252, Florida Statutes, Collier County, through its
Emergency Management Department, provides coordination of emergency services
within Collier County. Collier County also coordinates the administration of relief
activities of both public and private relief/disaster organizations that agree to volunteer
their services under direction or guidance of Collier County authorities. Collier County
may also utilize personnel and facilities of relief/disaster assistance of organizations,
Churches, Temples, Synagogues for the distribution of food, water, supplies, and/or other
items for temporary relief activities.
The purpose of the Memorandum of Understanding is to set forth, define, and establish
mutual agreements, understandings, guidelines, and obligations between Collier County
and Guadalupe Social Services of Collier County to coordinate relief efforts at the time of
a disaster.
GROWTH MANAGEMENT: There IS no Growth Impact with this Executive
Summary.
FISCAL IMPACT: There is no Fiscal Impact.
RECOMMENDA nONS: That the Board approve the MOU's between the Collier
County Board of County Commissioners, through its Emergency Management
Department and Guadalupe Social Services which has volunteered to partner with
Emergency Management during both a Presidentially declared and undeclared disasters.
Prepared by: Judy Scribner, Human Services Program Manager, Emergency
Management Department.
Page I of 1
Agenda Item No. 16F4
June 12, 2007
Page2of6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16F4
Recnmrnendallon to approve' Memorandull' of Understanding for county erlefgET' 1%
O€l\V€en Collie' County alld GuadalupE' Social Services
Meeting Date:
6/1212007 g.OO.OOAM
Prepared By
JuayScribner
Cas" Management Supervisor
Date
Public Services
Housing & Human Services
511?1200?10:58:59AM
Approved By
JenniferA. Belpedio
Assislant County Attorney
Date
County Attorney
Counly Atlorney Office
5/31/20079:26AM
Approved By
Dan E. Summers
Bureau of Emergency ServicesDIn,:ctor
Date
County Manager's Office
Bumau of Emergency Services
5/31120072:40 PM
Approved By
OMS Coordinator
OMBCoordinator
Date
County M~n..ger'sOffice
Office of Management & Budget
6/1120079:21 AM
ApprllvedBy
Michael Smykowski
Management & Budget Director
Date
County Manager's Omce
Office of Mllnllgement & Budget
611/20071215 PM
Approved By
JamesV. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's OffIce
6/112007 1:~2 PM
file://C:\AgendaTest\ExDort\84-Juneo/020 12, %202007\ 16. o/020CONSENfU/020A< JENDA \16F.. 6/6/2007
.
Agenda Item No. 16F4
June 12, 2007
Page 3 of 6
Memorandum of Understanding
Between
Collier County Board of Commissioners
And
Guadaluoe Social Services
I: Puroose: The purpose of this Memorandum of Understanding (MOD) is to set forth, define
and establish mutual agreements, understandings, and obligations by and between the Collier
County Board of County Commissioners, through its Emergency Management Depanment, and
Guadalupe Soeial Services
ll: Statement of Basic Resoonsibilities:
A. Collier County Board of County Commissioners, through its Emergeney
Management Department, provides eoordination of emergency services with
Collier County, ineluding incorporated areas. This ineludes the selection and
utilization of various resources and organizations capable of rendering assistanee.
Under Chapter 252, Florida Statutes, the Board of County Commissioners,
through its Emergeney Management Department, also coordinates the
administration of relief activities of both publie and private relief or disaster
assistance organizations whieh agree to volunteer their serviees under the
direction or guidanee of Collier County authorities. In addition, Collier County
may utilize personnel and facilities of relief or disaster assistance organizations,
ehurehes, temples and synagogues in the distribution of food, relief supplies,
medicines or other items and temporary sheltering as part of the restoration,
rehabilitation or reconstruction of eommunity serviees and essential faeilities
whenever Collier County authorities deem it necessary.
B. Recognizing the inereased demand for ehurches, temples, and synagogues to
supplement assistance and recovery to victims of both Presidentially declared or
undeclared disasters and the need to work in harmony with loeal governments and
private relief agencies, the Guadalupe Social Serviees wishes to assist in
rendering the most effieient serviee with a minimum of duplieation to the eitizens
and guests of Collier County.
ill: Coordination of Effort: Cooperation and coordination between Collier eounty
Government, through its Emergency Management Department and Guadalupe Soeial Services at
a time of major disaster and during the post-disaster recovery period should be maintained at
effieient levels and is part of the purpose of this Agreement. Guadalupe Social Services works on
a voluntary basis as a member of the Collier Emergeney Response Volunteer (CERV) Working
Group, and will make a continuing effort to acquaint its members of this Agreement to assist
Collier County government in carrying out mutual responsibilities for disaster relief
IV: Resoonsibilities:
1
T
I"
.'
Agenda Item No. 16F4
June 12. 2007
Page 4 of 6
A.
Collier County Emergency Management Departmeot agrees to the following:
1. Notify Guadalupe Social Services of the potential need to assist
in activities following a disaster, and
2. Participate in and develop training in disaster response for the members of
Guadalupe Soeial Serviees;.and
3. Assist in the development plans for Guadalupe Social Services; and
4. Sehedule periodic meetings and!or exereises to familiarize members of
disaster preparedness or recovery initiatives; and
5. Utilize, when and as appropriate, the serviees of Guadalupe Soeial Serviees
for disaster relief and recovery projects; and
6. Whenever members of Guadalupe Soeial Serviees are
rendering aid to Collier County Government under this Agreement,
they shall have the same powers, duties, rights, privileges and
immunities as if they were performing their duties for Collier County,
and Collier County shall be liable for their acts and actions as if they
were performing their duties for Collier County; and
7. Collier County shall be liable for any loss or damages to any faeility or
equipment utilized pursuant to this Agreement and shall pay any expenses in
the repair thereof; and
8. Collier County agrees to be responsible, to the extent provided under Florida
Statues 768.28, for its negligent acts, however, this responsibility shall not
serve as a waiver of Collier County's Sovereign Immunity limits.
B. GUADALUPE SOCIAL SERVICES_agrees to:
1. Provide meilities and/or staff to Collier County at no charge during
the disaster recovery period; and
2. Provide a 24 hour contact person and alternates; and
3. Provide a representative to attend periodie meetings of the Collier
Emergency Response Volunteer (CERV) Working Group; and
4. Panicipate in exercises developed by the Emergeney Management
Departmeot; and
5. Provide the Emergency Management Department with an update of facility
and manpower capabilities at least annually prior to June of eaeh year.
C. Both of the above named panies agreed to the following:
1. No modifications or changes will be made to the faeility/property by
the Collier County Representative without the express written
approval of the owner/operator.
2. Prior to oecupancy, representatives of both panies will inspect the
facility/property and will note any discrepancies on the inspection form,
and! or this agreement.
3. Prior to occupancy, representatives of both parties will again inspect the
faeility/property to note any discrepancies on the release form. Normal
wear and tear is considered to the responsibility ofthe
organization/owner/operator.
2
Agenda Item No. 16F4
June 12, 2007
Page 5 of 6
4. The faeility/property will be returned to the organization/owner/operator in
the same condition as it was when occupied/acquired.
5. Other provisions as follow:_none
V. Effective Date. Automatic RenewaL and Modification: This Agreement presents the
general and some specifie guidelines by whieh Collier County, through its Emergeney
Management Department and GUADALUPE SOCIAL SERVICES will cooperate to aid
victims at the time of disaster. In witness thereof, the parties have executed this agreement
on the date indicated. The provisions of the Agreement will be effective from the date
approved by the Board of County Commissioners for a period of three (3) years. At the end
of the three year (3) period, this Agreement will automatically renew for an additional term
of one year unless terminated as provided in Paragraph VI of this Agreement. At the end of
the one (I) year renewal period, this Agreement wiIl renew for an additional term of one (1)
year unless terminated as provided in Paragraph VI. of this Agreement. This Agreement may
only be automatically renewed two times. Both parties have the authority to amend
provisions of this Memorandum of Understanding upon mutual eonsent and by written
instrument exeeuted by the Parties.
VL Termination: Either party may terminate this Agreement by providing the other party with
notice of its intent to terminate with 30 days written notice. The Agreement may be
immediately and automatieally terminated by the County without providing sueh notice,
should the County reasonably believe that the spirit or intent of Chapter 252, Florida Statutes
is not being effectuated by this Agreement.
AS TO COUNTY:
Attest:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
By:
Deputy Clerk
By:
, Chairman
]:SSES: ~
l b. 1<'-^-
Print N~e~ 0.. s. t\c\rorN"
~.ud'
PrintName:,~L1yiA.. lI'dl').
STATE OF FLORIDA
COUNTY OF COLLIER
:1:::h
~ Tjle foregoing instrument was aCkno~edged before me thisrg;daY of
\ L . 2007, by Wu\f(\ 't-\ ll-\-\Qv(,a.- as W(}\(\(l .h\\C- of
-F Or Ida . a ~_ . He/She is [ ] personally known to me, or
(vfhas produced driver's license no. (lLl,'> -i.f"J;LJ -",510 - fXfI-Das identification.
Guadalupe Soeial Serviees
3
T
t -
. ;
NOTARY PUBUC-STATE OF FLORIDA
~W\ Laura M. Gutierrez
~JCQ"\missiQD I DD6S9699
_,.' Expll'el: APR. 04, 2011
JwmED 1IUtV ATUrlmC _ermlNo co., me.
(SEAL)
Approved as to fonn and legal suffieieney:
~C-LA~ ~ .-' .
Jennit1 A. Belpedio
Assistant County Atto ey
--.
Agenda Item No. 16F4
June 12, 2007
Page 6 of 6
~tl)u'J 0i)G/lticu-e-"
NOT~PUBLlC '-" G - . :.J
Name: 11 Hil t--\ l I:\-HY i P (;
(Type or Print)
My Commission Expires:
AOn l 0--\, 8D\ \
4
Agenda Item No. 16F5
June 12, 2007
Page 1 of 9
EXECUTIVE SUMMARY
Recommendation to accept an awarded Commnnity Fonndation Grant to help fund attendance
of staff at the 2007 National Conference on Commnnity Preparedness and the approval of
necessary budget amendments to recognize and appropriate revenne in the amount of $1,762.00
OBJECTIVE: To accept the award of the Community Foundation Grant to help fund attendance of
staff at the 2007 National Conference on Community Preparedness.
CONSIDERATIONS: Collier County Emergency Management is responsible for the most up to date
response in an emergency, hence ongoing training and education is needed to ensure the care of our
community. We have a diverse community which entails diversity specific training to ensure
sensitivity to the needs of those who do not have their own voice. Thc Community Foundation offers
the opportunity for funding 75% of the needed funds for staff to attend a conference entitled: National
Conference on Community Preparedness. Topics include but are not limited to: reaching out to
specifie population segments, liability issues, innovative approaches to funding
FISCAL IMPACT: The total project cost is $2,350. The amount awarded is $1,762. Although the
minimum match requirement is 25%, the local match will be slightly higher because it is comprised of
the total conference registration eost which is $650 (27.6%). There are monies in 118-1442] ]-343231
budgeted for this expense.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with
this Executive Summary.
RECOMMENDATION: That the Board approve the award for grant support/funding for the
attendance to the conference for Emergency Management staff in the amount of $],762 and to approve
the related budget amendments.
PREPARED BY:
Department '
Christine Chase, Sr. Administrative Assistant, Emergency Management
~
Item Number:
Item Summary:
Meeting Date:
Pagelofl
Agenda Item No, 16F5
June 12. 2007
Page 2 of9
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
1GF5
f,ecommendallon to accept arl awarded Community Foundation Grant 10 help fund
attendance of staft a: the 2007 ~Jationat Conference on CommunIty Preparedness i'md the
appro\ial at necessary budget amendments torocognile arJdClpprci JrIate revenue il-' the
anlount of $1.762 00
6/1212007900,00/\M
&mlorAdministrattveAssistilnt
Date
Prepared By
Chnstine Chase
County Manager's Office
Emergency Management
51~112007 253:01 PM
Grants Coordin~tor
Date
Approved By
MarleneJ, Foard
Administrative Services
Administrative Services Admin
5122120073,01 PM
Date
Approved By
Dan E. Summers
County Manager's Office
Bureau of Emergency Services Director
Bureau of Emergency Services
513112007243 PM
Date
Approved By
OMBCoordinator
County Manager's Offir,e
OMB Coordinator
Office of Managemont & Budget
611/2007 S:2BAM
Michael Smykow~ki
Date
Approved By
County Manager's Office
Management & Budget Director
Office of Management & Budget
6/1I20071:13PM
Approved By
James V, Mudd
Board of County
Commissioners.
County Manager
Date
CuuntyManager's. Office
~141200712,23 PM
file:l/C:\AgendaT est\Export\84-.1une%20 12, %202007\ 16. %20CONSEN'fO/n20AGENDA \16F.. 6/6/2007
~~ PH'L4.+
$' ~
j ~
2: ~
III -<
COMMUNITY FOUNDATION
OF COLLIER COUNTY
April 24, 2007
Ms. Julie Seribner
Program Direetor
Collier County Emergeney Management
3100 E. Tamiami Trail # F-r03
Naples,FL 34112
Dear Ms, Scribner, -
I am pleased to tell you that a Professional Development grant to the Collier
County Emergency Management in the amount of $1,762.00 has been approved:
To help fund the attendance of staff at the 2007 National Conference on
Community Preparedness in Alexandria, Va.
In order to receive our check, we ask that you send hack to us a
countersigned copy of this letter.
Please note that these grant funds must be used substantiallv in aeeordance with
vour proposal and that no substantial ehanges mav be made without prior written
approval from the Foundation. Any funds not used for the purposes described in
this letter will revert to the Foundation.
Sincerely yours,
aB~~~
Vice PreSidento!Programs .
A_~/ d J?-- ?,;"',"'~ -'/"k"?
ame, Title f. Date
f1a.- 6.J:>.~ J -~ I 6-ry~ Gh~a;&-,.. 'i/2.c../o7-
.
.l\aenda Item No. 16F5
- June 12, 2007
Page 3 of 9
2006.2007
Board of T nJstees
DorothyA-Gerrity
CHAIR
ScottE.AleJC'.Inder
VICE CHAIR.
DeborahLRussell
SECRETARY
Ned R. Sachs
'TREAsURER
Thomas G, Schneider
MEMBER. EXECUTIVE
COMM!TTEE
Jeffrey R. Erickson
J. Dudley Goodlette
Lyme Groth
fnnk L Klapperich, Jr.
WiIIQrn Laimbeer. Sr.
JamesB.13nasoor,Jr.
Lillda R. Malone
RamiroManalich
AlanD Reynolds
Jame$ T. Rideoutte
Dolly Bodi<;k RobertS
Duane Str.lnaj-gn. jr.
WiIliOlm E. Thoma.s
Mary George
PRESIDENT AND
CEO
Trustees Emeriti
HenryP_Alb~t
Jane Billings
Cornelius P. Cacho
joeB.ColC
Alison K. Douxbs
Linda C. FleweUing
MariooT. Forte'
Donald T. Franke
Kevin C. Hale
--BradA. Hnemeier
ThomuE.lngnJm
PhyllisM.Landes
LBates Lea
Will~m C. Merwin
Roy G. Neumann
Eleanor Cosgrove Part
John M. Passidomo
Mi<:haelJ-Sc.hroedt'f"
B~erlrA,Smith
Gordon R. Watson
)01mneS,Wyss
www.cfcollier.org
2400 Tamiami Tr.Ji1
North
Suite Joo
Naples.FLJ4103
p 239 649 5000
F2396495B7
COMMUNITY FOUNDATION OF COlliER COUNTY
Application Form for Professional Development Grants
Aaenda Item No 16F5
June 12, 2007
Page 4 019
The application form is available in Microsoft Word. If you have WORD, you can save the version
directly on to your hard drive or you may request that a form be sent by email by contacting us at
kiassoC1llcfcollier.orQ
Section I: Applicant Information
Name of organization: Organization's federal tax-exempt number (EIN):
Collier County Emeroencv Manaoement 59-6000558
Contact person (s): Address with zip code:
Judy Seribner 3301 E. Tamiami Tr., Bldg F, #103
Christine Chase Naples, FL 34112
Phone:239-774-8000 Email: iudvscribnerC1llcollierQov.net
Fax:239-775-5008 christinechaseC1llcollierq ov. net
Total amount of grant request from the Community Total Project Cost:
Foundation (must not exceed 75% of total project
cost): $ 1,762.50 $ 2,350.00
Under which of the following categories of Professional Development grants is your agency applying:
Applying For: ACTIVITY WORKSHEET TO BE
(please check) COMPLETED
XX confe;~nces/Education for staff and/or Board (Attendance Page 2 - Section II
off site
Consultant Services PaQe 3 - Section III
EquipmentlTechnology: Tools, Training or Teehnical Page 4 - Section IV
assistance
Certification
We (applicant organization) certify that:
1) The applicant organization has a written and board approved policy to employ staff, elect its
governing board and provide services without discrimination on the basis of race, religion, gender,
sexual orientation, age, disability, or national origin.
2) The information contained in this proposal is accurate and submitted with the Board of Directors' full
knowledge and endorsement.
Application must include Two Signatures:
1) Executive Director
2) Board Chair
AU~HORIZI7ATURES:
&-~, . A\.
. Staff Name & Title '
~~i~./
1)~~7
, , (Date)
Updated 11-29-06
,.,.-1 .
A:prEST~ . ~ .1,
OWl ~ \E.B~Qr~ ~lerk
. ~ . J, ". ~
"
Agenda Item No. 16F5
BOARD OF COUNTY CO MISSIONERSJune 12, 2007
L Page 5 of 9
J
By:
-s
Date:
3/'J1/07
Approved as to form & legal aufllclency
P- ~.
~~ntyAtl ~
Please send one original and one CODV of the application, Do not use folders or report covers.
Section II . Proiect Reouest Form: Conferences/Edueation for Staff and/or Board
CFCC provides educational opportunities for staff or board members to increase knowledge and skills that
support the mission of the organization.
1. Briefly describe the activity.
Include:
. Who - Names of partieipanlls
. What - Name of training or conference
. Where - If applying for transportation costs, mode of travel and cost
Judy Scribner, Human Services Program Manager for Collier County Emergeney Management. I would
like to attend the 2007 National Conferenee on Community Preparedness. I would need to use air
transportation, round trip from Ft. Myers to Alexandria, Va. on June 10 with the return trip on June 12,
2007.
Christine Chase, Senior Administrative Assistant for Collier County Emergency Management. This
position has a primary function in accessing grant opportunities and managing the budget for the dept.
She would like to attend the 2007 National Conference on Community Preparedness utilizing air travel
with the same dates of travel as the above applicant.
2. How will the activity contribute to or improve your organization?
This conference focuses on the need to reaeh out to speeific population segments that may
not otherwise have access to needed information. The topics include how to better utilize
the volunteer opportunities and how to engage our elected officials even more effectively
than we already do in Collier County. Funding issues always are involved. Christine's
attendance would further our knowledge and access of funding opportunities outside the tax
payer of Collier County. This Department works with a tight budget because of the situation
specific response issues. The County Board is not always able to inerease budget
allocations for training despite the ongoing training needs of ever changing response
mandates. As a result of utilizing training opportunities, your County Dept. of Emergency
Management is a better funetioning and more effective entity.
3. How will information be disseminated to your colleagues and/or the public-at-Iarge?
Updated 11-29-06
2
.
, '
Agenda Item No. 16F5
Information will be disseminated via a written report to our colleagues. The plJbiil:2WG'(l1t!
benefit via our improved systems of communication and education. The hope f!i'llfIit"\,.k
would gain innovative ways to provide information to our diverse community. Funding
education would improve the provision of needed tools and information. "Being ready" is a
challenge and the changes in today's weather tracks require up to date information and
skills.
4. You MUST attach a copy of a flyer, brochure or announcement of the event.
BUDGET:
Conferences/Education for Staff or Board
Registration Costs_$325/person prior to April 30.
Travel Costs: APDX $250/ person /rnd trip
Dissemination Costs
List Other Costs Per Diem.=:..$114/person
hotel = $486/person
25% cash or in-kind from (Source) County Dept would pav reaistration costs
,GP650.00)
Total Cost: _$2350
Foundation Request: _$1762
Section 11I- Proiect Reouest Form: Working with a consultant 1'\ If'I
Funding for a consultant for strategic planning, coalition building, fund-raising planning, needs assessment,
grant writing or board governance. Appropriate documentation required.
Please send one original and one copv of the applieation. Do not use folders or report covers.
1. Describe how you intend to use the consultant. (Purpose)
v\~
2. Who on the board or staff will have primary responsibility for shaping the project, working with the
eonsultant, and implementing the results?
Updated 11-29-06
3
Agenda Item No. 16F5
June 12, 2007
Page 7 of 9
3. Attach a copy of the consultant's resume and proposal or work plan.
BUDGEB
Consulta t
Total cost of consultant
Total number of estimated hours
Other
25% cash or in-kind from (Source)
Total Cost:
Foundation Request:
Section IV - Proiect Reouest Form: EquipmentlTechnology: Tools, Training and/or Technical
assistance
Needs related to meeting the mission of the organization.
. Please send .Qill2 original and one CODV of the application. Please do not use folders or report covers.
1. Describe the purchase or need for training or assistance:
. EquipmenVTools:
. Technical training:
. Technical Assistance:
Updated 11-29-06
4
r
2. How will you use this purchase?
Agenda Item No. 16F5
June 12. 2007
Page 8 019
3. Is this a new or a replacement item
4. How has your Board of Directors been involved in determining this need?
5. CFCC requires that you attach a Purchase Order, Estimate or Invoice from the vendor
BUDGE : N/A
Equipme tIT nology: Tools, Technical Training and/or Technical assistance
Equipment Costs
Training Costs
Technical Assistance Costs
Other
25% cash or in-kind from (Source)
Total Cost:
Foundation Request:
PROPOSAL CHECKLIST
./ COMPLETE
v
v
if
V
IF> /;...d. ~f
./
Updated 11-29-06
5
Please send or drop off one oriQinal and one COpy to:
Community Foundation of Collier County
Attn: Professional Development Grants Committee
2400 Tamiami Trail North Suite #300
Naples, FL 34103
1239) 649-50D..Q
Updated 11-29-06
Agenda Item No. 16F5
June 12, 2007
Page 9 of 9
6
Agenda Item No. 16F6
June 12, 2007
Page 1 of 6
EXECUTIVE SUMMARY
Recommendation to approve Memorandum of Understanding between Collier
County and Mayflower Congregational Church
OBJECTIVE: Board of County Commissioners approval of Memorandum of
Understanding between Collier County and Mayflower Congregational Church.
CONSIDERATIONS: Under Chapter 252, Florida Statutes, Collier County, through its
Emergency Management Department, provides coordination of emergency services
within Collier County. Collier County also coordinates the administration of relief
activities of both public and private relief/disaster organizations that agree to volunteer
their services under direction or guidance of Collier County authorities. Collier County
may also utilize personnel and facilities of relief/disaster assistance of organizations,
Churches, Temples, Synagogues for the distribution of food, water, supplies, and/or other
items for temporary relief activities.
The purpose of the Memorandum of Understanding is to set forth, define, and establish
mutual agreements, understandings, guidelines, and obligations between Collier County
and Mayflower Congregational Church of Collier County to coordinate relief efforts at
the time of a disaster.
GROWTH MANAGEMENT: There IS no Growth Impact with this Executive
Summary.
FISCAL IMPACT: There is no Fiscal Impact.
RECOMMENDATIONS: That the Board approve the MOU's between the Collier
County Board of County Commissioners, through its Emergency Management
Department and Mayflower Congregational Church which has volunteered to partner
with Emergency Management during both a Presidentially declared and undeclared
disasters.
Prepared by: Judy Scribner, Human Services Program Manager, Emergency
Management Department.
,-,
Item Number:
ItemSummilry:
Meeting Dilte:
Page 1 of 1
Aqendil. Item No. 16F6
- June 12. 2007
Page 20f6
COLLIER COUNTY
BOARD OF COUNTY COMMISS!ONERS
16F'6
Recommendation to approve Memorandunl of Understanding tor CCurtly emergencies
Detween Collier ;::ounty and Mayflower Congregational Churcn
6112/20079,OOOOAM
Prepared By
Date
Judy Scribner
Public Services
Case Manllgemont Supervisor
HOllsing & Human Services
5130/20073'11:04 PM
Date
Approved By
Jennifer A, Belpedio
County Attorney
Assistant Cotlnty Attorney
County Attomey Office
5131120079:28AM
Date
Approved By
Dan E. Summers
County Manllger's Office
Bureau of Emergency Services Director
Bureau 01 Emergency Services
5131120Q7247PM
Date
Approved By
OM8 Coordinator
County Manager's Office
OMS Coordinator
Office of Management & Budget
611120079:50 AM
Dale
Approved By
Mi<:haelSmykowski
Counly Manager's Office
Management 8. Budget Director
Office of Mllnagoment & Budgel
611120071240PM
Date
Approved By
James V Mudd
Board of County
CommissIOners
County Manager
County Manager's Office
611120073,04PM
file://C:\A.gendaTest\Export\84-June%2012,%202007\ 16. %20CONSENT%20AGENDA \ 16F.. 6/612007
.,
,..5.
~_..
Agenda Item No. 16F6
June 12. 2007
Page 3 of 6
Memorandum of Understanding
Between
Collier County Board of Commissioners
And
Mavflower Conl!:ree:ational Church
I: PUlllGSe: The purpose of this Memorandum of Understanding (MOD) is to set forth, define
and establish mutual agreements, understandings, and obligations by and between the Collier
County Board of County Commissioners, through its Emergency Management Department, and
Mayflower Congregational Chureh.
II: Statement of Basie ResDOnsibilities:
A. Collier County Board of County Commissioners, through its Emergeney
Management Department, provides coordination of emergeney services with
Collier County, including incorporated areas. This includes the selection and
utilization of various resources and organizations capable of rendering assistance.
Under Chapter 252, Florida Statutes, the Board of County Commissioners,
through its Emergency Management Department, also coordinates the
administration of relief activities of both public and private relief or disaster
assistance organizations whieh agree to volunteer their services under the
direction or guidance of Collier County authorities. In addition, Collier County
may utilize personnel and facilities of relief or disaster assistance organizations,
ehurehes, temples and synagogues in the distribution of food, relief supplies,
medieines or other items and temporary sheltering as part of the restoration,
rehabilitation or reconstruction of eommunity services and essential faeilities
whenever Collier County authorities deem it necessary.
B. Recognizing the increased demand for churehes, temples, and synagogues to
supplement assistance and recovery to victims of both Presidentially declared or
undeclared disasters and the need to work in harmony with loeal governments and
private relief agencies, the Mayflower Congregational Church wishes to assist in
rendering the most effieient serviee with a minimum of duplieation to the citizens
and guests of Collier County.
m: Coordination of Effort: Cooperation and coordination between Collier county
Government, through its Emergency Management Department and Mayflower Congregational
Chureh at a time of major disaster and during the post-disaster reeovery period should be
maintained at effieient levels and is part of the purpose of this Agreement. Mayflower
Congregational Chureh works on a voluntary basis as a member of the Collier Emergeney
Response Volunteer (CERV) Working Group, and will make a continuing effort to acquaint its
members of this Agreement to assist Collier County government in earrying out mutual
responsibilities for disaster relief.
IV: ResDonsibilities:
1
.~.
... ..~
Agenda Item No. 16F6
June 12, 2007
Page 4 of 6
A. Collier County Emergency Management Department agrees to the following:
!, Notify Mayflower Congregational Church of the potential need to assist
in activities following a disaster. and
Participate in and develop training in disaster response for the members of
Mayflower Congregational Church~and
3, Assist in the development plans for Maytlower Congregational Church, and
4. Schedule periodic meetings and/or exercises to familiarize members of
disaster preparedness or recovery initiatives; and
5. Utilize, when and as appropriate, the services of Mayflower Congregational
Church
for disaster relief and recovery projects: and
6. Whenever members of Mayflower Congregational Church are
rendering aid to Collier County Government under this Agreement,
they shall have the same powers, duties. rights, privileges and
immunities as if they were performing their duties for Collier County,
and Collier County shall be liable for their acts and actions as if they
were performing their duties for Collier County: and
7. Collier County shall be liable for any loss or damages to any faciiity or
equipment uti I ized pursuant to this Agreement and shall pay any expenses in
the repair thereof: and
8. Collier County agrees to be responsible, to the extent provided under fo!orida
SlaTlle.\' 76828. for its negligent acts, however, this responsibility shall not
serve as a waiver of Collier County's Sovereign Immunity limits.
o
B. Mayflower Congregational Church agrees to:
!, Provide faeilities and/or staff to Collier County at no charge during
the disaster recovery period: and
2. Provide a 24 hour contact person and alternates; and
3. Provide a representative to attend periodic meetings of the Collier
Emergency Response Volunteer (CERV) Working Group: and
4. Participate in exercises developed by the Emergency Management
Department; and
5. Provide the Emergency Management Department with an update of facility
and manpower capabilities at least annually prior to June of each year
C. Both of the above named parties agreed to the following
1. No modifications or changes will be made to the facility/property by
the Collier County Representative without the express written
approval of the owner/operator
2. Prior to occupancy, representatives of both parties will inspect the
facility/property and will note any discrepancies on the inspection form,
and/or this agreement.
3. Prior to occupancy, representatives of both parties will again inspect the
facility/property to note any discrepancies on the release form. Normal
2
'-
. .
"'1--..
Agenda Item No. 16F6
June 12. 2007
Page 5 of 6
wear and tear is considered to the responsibiiity of the
organization! owner/operator.
4. The facility/property will be returned to the organization!owner/operator in
the same condition as it was when occupied/acquired
:;. Other provisions as follow:_none
V. Effective Date. Automatic Renewal. and Modification: This Agreement presents the
general and some specific guidelines by which Collier County. through its Emergency
Management Department and Maytlower Congregational Church will cooperate to aid
victims at the time of disaster In witness thereof, the parties have executed this agreement
on the date indicated. The provisions of the Agreement will be effective from the date
approved by the Board of County Commissioners for a period of three (3) years. At the end
of the three year (3) period. this Agreement will automatically renew for an additional term
of one year unless terminated as provided in Paragraph VI of this Agreement. At the end of
the one (I) year renewal period. this Agreement will renew for an additional term of one (1)
year unless terminated as provided in Paragraph VI. of this Agreement. This Agreement may
only be automatically renewed two times. Both parties have the authority to amend
provisions of this Memorandum of Understanding upon mutual consent and by written
instrument executed by the Parties
VI. Termination: Either party may terminate this Agreement by providing the other party with
notice of its intent to terminate with 30 days written notice. The Agreement may be
immediately and automatically terminated by the County without providing such notice,
should the County reasonably believe that the spirit or intent of Chapter 2:;2. Florida Statutes
is not being effectuated by this Agreement
AS TO COUNTY:
Attest.
DWIGHT E. BROCK. Clerk
BOARD OF COlfNTY COMMISSIONERS
COl.L1ER COUNTY. Fl.ORIDA.
By
Deputy Clerk
By:
. James Colcfto,.
(o1t9.107
. Chairman
WITI\TE S Sr:.s:
"".
Print Name:
Maytlower Congregational Church
By: ~~~ -:;>~
.
-w>t
STATE OF Fl.ORIDA
COUNTY OF COl.LIER
~:;:
The
l J.AflJ
foregoing
instrument
2007. by
was acknowledged before
Alina fi,b,~sKt. as
me,) this /J-I:!-'day
r ('I t
of
of
3
r
I'
I a ND~~~11 ;)~~~m He/She is [ ] personally knOVvl1 to me, or
l ] has p oduced driver's license no.' S' ^ -4i",,)~L'O_ as identificati
7- ,\\,II11UII"'"I/
"" ~ \. R08/NoS: ~III,
~ ~o ......... 04t~
~ ...~\SSJON4::.. '\
!$ ..:..GJ'*e'rol.<a....~. ~
= ::,; ~ -'if' y,n" ::
=*: .... :*=
-= ; : :
'S"$.~ 100276653 :~::::
~~... ..ffi~
~:;o,'.. .- O~~
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~ ........~~
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Approved as to form aWlr111 '~tficiency:
,
.
(SEAL)
Agenda Item No. 16F6
June 12. 2007
Page 6 of 6
4
Agenda Item No. 16F7
June 12, 2007
Page 1 of 6
EXECUTIVE SUMMARY
Recommendation to approve Memorandum of Understanding between Collier
County and Immokalee Friendship House
OBJECTIVE: Board of County Commissioners approval of Memorandum of
Understanding between Collier County and Irnmokalee Friendship House.
CONSIDERATIONS: Under Chapter 252, Florida Statutes, Collier County, through its
Emergency Management Department, provides coordination of emergency services
within Collier County. Collier County also coordinates the administration of relief
activities of both public and private relief/disaster organizations that agree to volunteer
their services under direction or guidance of Collier County authorities. Collier County
may also utilize personnel and facilities of relief/disaster assistance of organizations,
Churches, Temples, Synagogues for the distribution of food, water, supplies, and/or other
items for temporary relief activities.
The purpose of the Memorandum of Understanding is to set forth, define, and establish
mutual agreements, understandings, guidelines, and obligations between Collier County
and lrnmokalee Friendship House of Collier County to coordinate relief efforts at the
time of a disaster.
GROWTH MANAGEMENT: There IS no Growth Impact with this Executive
Summary.
FISCAL IMPACT: There is no Fiscal Impact.
RECOMMENDATIONS: That the Board approve the MOU's between the Collier
County Board of County Commissioners, through its Emergency Management
Department and Immokalee Friendship House which has volunteered to partner with
Emergency Management during both a Presidentially declared and undeclared disasters.
Prepared by: Judy Scribner, Human Services Program Manager, Emergeney
Management Department.
ltemNumber:
Item Summary:
Meeting Date:
Page 1 of 1
Aaenda Itern No. 16F7
- June 12. 2007
Page 2 0[6
COLLIER COUNTY
BOARD OF' COUNTY COMMISS!ONERS
16;=7
Recommendation to approve Memorandum of Understanding tor cc.unty emergencies
betwoen Coiiler Counly and Immo~ale2 Friendship House
6/12120078:0Q,OOAM
Date
Prepared By
Judy Scribner
Public Services
Case Management Supervisor
Housing &HumanServices
5130/20013,06:29 PM
Date
Approved By
JenniferA. Belpedio
CountyAltorney
Assistant County At10rney
Counly At10mey Office
51J1I20019.21AM
Date
Approved By
DanE., Summers
County Manager's Office
Bureau of Emergency Services Director
Bureau of Emergency Services
5/31/2007246 PM
Date
Approved By
OMBCoordinator
County Manager's Office
OMS Coordinator
Office Of Management & Bu(lgel
6/1I2007947AM
Date
Approved By
Michael Smyi<owski
County Manager-sOtfice
Management & Budget Director
Office of Management & Budget
611/20011239PM
Dale
Approved By
JamesV. Mudd
Board of County
CommiSSioners
County Manager
County Manaller'S Office
6/1/20072:23 PM
file://C:\AgendaTest\Export\84-Juneo/02012. %202007\ 16.%20CONSENTOIo20AGENDA \16F.. 6/612007
,
'.
Agenda Item No. 16F7
June 12, 2007
Page 3 of 6
Memorandum of Understanding
Between
ColIier County Board of Commissioners
And
Immokalee Friendship House
I: Purnose: The purpose of this Memorandum of Understanding (MOO) is to set forth, define
and establish mutual agreements, understandings, and obligations by and between the Collier
County Board of County Commissioners, through its Emergeney Management Department, and
Immokalee Friendship House.
n: Statement of Basic: Resnonsibilities:
A. Collier County Board of County Commissioners, through its Emergeney
Management Department, provides coordination of emergency services with
Collier County, ineluding ineorporated areas. This ineludes the selection and
utilization of various resources and organizations capable of rendering assistance.
Under Chapter 252, Florida Statutes, the Board of County Commissioners,
through its Emergeney Management Department, also coordinates the
administration of relief aetivities of both public and private relief or disaster
assistance organizations whieh agree to volunteer their services under the
direction or guidanee of Collier County authorities. In addition, Collier County
may utilize personnel and facilities of relief or disaster assistance organizations,
ehurehes, temples and synagogues in the distribution of food, relief supplies,
medieines or other items and temporary sheltering as part of the restoration,
rehabilitation or reconstruction of eommunity services and essential facilities
whenever Collier County authorities deem it necessary.
B. Reeognizing the inereased demand for churches, temples, and synagogues to
supplement assistance and recovery to victims of both Presidentially declared or
undeclared disasters and the need to work in harmony with local governments and
private relief ageneies, the Immokalee Friendship House wishes to assist in
rendering the most effieient serviee with a minimum of duplieation to the citizens
and guests of Collier County.
ill: Coordination of Effort: Cooperation and coordination between Collier county
Government, through its Emergeney Management Department and Immokalee Friendship House
at a time of major disaster and during the post-disaster recovery period should be maintained at
efficient levels and is part of the purpose of this Agreement. Immokalee Friendship House
works on a voluntary basis as a member of the Collier Emergeney Response Volunteer (CERV)
Working Group, and will make a continuing effort to acquaint its members of this Agreement to
assist Collier County government in carrying out mutual responsibilities for disaster relief.
IV: Resnonsibilities:
1
r
f"-'"
,
Agenda Item No. 16F7
June 12, 2007
Page 4 of 6
A. Collier County Emergency Management Department agrees to the following
1. Notify Immokalee Friendship House of the potential need to assist
in activities following a disaster, and
2. Participate in and develop training in disaster response for the members of
Immokalee Friendship House~and
3. Assist in the development plans for Immokalee Friendship House; and
4. Schedule periodic meetings and/or exercises to familiarize members of
disaster preparedness or recovery initiatives: and
5. Utilize. when and as appropriate, the services ofImmokalee Friendship House
for disaster relief and recovery projects: and
6. Whenever members oflmmokalee Friendship House are
rendering aid to Collier County Government under this Agreement,
they shall have the same powers. duties, rights. privileges and
immunities as if they were performing their duties for Collier County,
and Collier County shall be liable for their acts and actions as if they
were performing their duties for Collier County: and
7. Collier County shall be liable for any loss or damages to any facility or
equipment utilized pursuant to this Agreement and shall pay any expenses in
the repair thereof; and
8. Collier County agrees to be responsible. to the extent provided under Florida
Statlles 768.28, for its negligent acts, however, this responsibility shall not
serve as a waiver of Collier County's Sovereign Immunity limits.
B. lmmokalee Friendshio House agrees to:
I. Provide facilities and/or staff to Collier County at no charge during
the disaster recovery period: and
2. Provide a 24 hour contact person and alternates. and
3. Provide a representative to attend periodic meetings of the Collier
Emergency Response Volunteer (CERV) Working Group: and
4. Participate in exercises developed by the Emergency Management
Department: and
5. Provide the Emergency Management Department with an update of facility
and manpower capabilities at least annually prior to June of each year
C Both of the above named parties agreed to the following:
1. No modifications or changes will be made to the facility/property by
the Collier County Representative without the express written
approval of the owner/operator.
2. Prior to occupancy, representatives of both parties will inspect the
facility/property and will note any discrepancies on the inspection form,
and/or this agreement.
3. Prior to occupancy, representatives of both parties will again inspect the
faeility/property to note any discrepancies on the release form Normal
wear and tear is considered to the responsibility of the
organization! owner/operator.
2
,...
.
t.
Agenda Item No. 16F7
June 12, 2007
Page 5 of 6
4. The facility/property will be returned to the organization/owner/operator in
the same condition as it was when occupied/acquired.
5. Other provisions as follow_none
V. Effective Date. Automatic Renewal, and Modification: This Agreement presents the
general and some specific guidelines by which Collier County, through its Emergency
Management Department and lmmokalee Friendship House will cooperate to aid victims at
the time of disaster. In witness thereof. the parties have executed this agreement on the date
indicated. The provisions of the Agreement will be effective from the date approved by the
Board of County Commissioners for a period of three (3) years. At the end of the three year
(3) period. this Agreement will automatically renew for an additional term of one year unless
terminated as provided in Paragraph VI of this Agreement. At the end of the one (1) year
renewal period, this Agreement will renew for an additional term of one (I) year unless
terminated as provided in Paragraph VI. of this Agreement. This Agreement may only be
automatically renewed two times Both parties have the authority to amend provisions of this
Memorandum of Understanding upon mutual consent and by written instrument executed by
the Parties
VI. Termination: Either party may terminate this Agreement by providing the other party with
notice of its intent to terminate with 30 days written notice. The Agreement may be
immediately and automatically terminated by the County without providing such notice.
should the County reasonably believe that the spirit or intent of Chapter 252, Florida Statutes
is not being effectuated by this Agreement.
AS TO COUNTY
Attest:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA,
By
-:L(U'\'\€ s Colefu.
. Chairman
6J1Q)o7
WITNESSES
Immokalee Friendship House
"
(
By
Print Name;..
ST A TE OF FLORID
COUNTY OF COLLIER:
The foregoing instrument was acknowledged before me this 1":fr day of
2007, by ;[)(),J;r~ r: t'6n , as ;t:;",- >t:"" ~d-D(' of
~ ff\ , ~. a ' . He/~is [ J personally known to me, or
'J has produced driver's license no. r$DSL{?'/1790d.-() as identification
... EllUMDOlIMIIACIUA
-, PuIoIic . 81Ilo " ,......
. . _(:1..1' . .e__.M.2011
, Cou' Ion. DO 825344
,...~, .......,!Iloo4IIt-...-,...,.
,
J
t.......-
.... .
. ..
Agenda Item No. 16F7
June 12, 2007
Page 6 of 6
(SEAL)
;J~J(%.w:j///j/'
NOTARY PUB C
Name E~' ~ ,p
(Type or Print)
My Commission Expires JeW iLl- )0lD1/
Approved as to form and legai sufficiency:
Jenni A. Belpedio
Assistant County Atto ey
4
Agenda Item No. 16F8
June 12, 2007
Page 1 of 10
EXECUTIVE SUMMARY
. . - '. ..-.
Recommendation to approve an Inter-local Agreement between Collier
County Board of County Commissioners and the Collier County School
District regarding disaster preparedness responsibilities contained in
Florida Statute 252
OBJECTIVE: That the Board of County Commissioners approves an update to their
inter-local agreement with the Collier County School Board for disaster preparedness and
response as required by Florida Statutes. Section 252.38.
This agreement will supersede the previous agreement, dated 4 September, 1980,
between the Collier County District School Board and the Board of County
Commissioners outlining participation and cooperation with facilities, use of equipment
and personnel during emergencies in assistance to the County.
CONSIDERATIONS: The purpose of this Agreement is to provide for cooperation
and coordination between Collier County and the Collier County District School Board in
carrying out their joint responsibility to serve the citizens of Collier County during
hurricanes, or other emergencies, as determined by the County, by coordinating the use of
school buildings, equipment and staffing thereof.
FISCAL IMP ACT: The County may be liable for any cost for loss or damage to the
District School Board during an emergency under this agreement.
GROWTH MANAGEMENT IMPACT: There IS no Growth Management Impact
resulting from this action.
RECOMMENDATION: That the Board of County Commissioners approves the
updated Inter-local Agreement with the Collier County District School Board for disaster
preparedness.
Prepared By: Christine Chase, Sr. Administrative Assistant, Bureau of Emergency
Serviees
.-..
Item Number:
Item Summary:
Meeting Date:
Page 1 of 1
Agenda Item No. 16F8
June 12, 2007
Page 2 01 10
COLLtER COUNTY
BOARD OF COUNTY COMMISSIONERS
16F8
RlOcommendation to approve Cllllnler-Iocal ,A,greement between Collier County Eloard of
County Commlc;5loners and tile Collier Count:! Senao: District regaralrlg disaSl€r
oreparedness responsitlliilles COlltalned in Fiorida Statute :::'5.2
6112i2007DOOOOAM
Senior Adminislralive Assistant
Dale
Prepared By
ChristineCllase
County Manager's Office
Emergency Mallagement
5125120071:51:27PM
Dan E. Summers
Bureau of Emergency Services Director
Date
AppruvedBy
County Manager's Of/ice
BUfeauofEmergency Services
5/31120072:45 PM
Approved By
Robert N. Zachary
County Attorney
AS5islant County Attomey
Date
County Attorney Office
6/'1/20073:16 PM
OMBCoordinator
OMB Coordinator
Dale
AppruvedBy
County Manager'sot/ice
Office of Management &. Budget
6/1120073:28PM
Michael Smykow:;ki
Management & Budget Direc!or
Date
Approved By
County Manager's Office
Oflin' of Management &. Budget
61412007B:38AM
Approved By
Jmno:;V. Mudd
Board of County
Commissioners
County Manager
Date
Counly Manager's Office
6/4/200712.2SPM
file://C:\AgendaTest\Export\84-June%20 12,%202007\ 16.%20CONSEN"f01020AGENDA \16F.. 6/612007
.
Agenda Item No. 16F8
June 12, 2007
Page 3 of 10
REGULAR SCHOOL BOARD MEETING
MAY 17, 2007 - 4:00 PM
DR. MARTIN LUTHER KING, JR. ADMINISTRATIVE CENTER
5775 OSCEOLA TRAIL - NAPLES, FL 34109-0919
May 17, 2007 - Regular Board Meeting
Agenda Item #6<3
Trt:le
Interlocal Agreement with the Board of County Commissioners for Disaster Preparedness
Florida Statute
252.38
Federal Statute
School Board Policv
Item TYoe
Action Requested
Action Tvoe
Action Requested
Executive Summary
The District assists the Board of County Commissioners with emergency response to minimize
the threat to loss of life and property in the county. Often District facilities and/or personnel are
provided as resources to the Board of County Commissioners to respond to these exposures. The
attached interlocal agreement establishes the mutual aid provided to the 80ard of County
Commissioners by the District. It further outlines specific issues in regards to liability, planning,
assessment of school facilities, and financial obiligations as a result of these threats. The
proposed interlocal agreement updates a prior agreement that was in place with the county.
le9al ADDroval
The agreement has been approved by Mr. Richard Withers, School Board Attorney.
Recommendation
Request approval of the _ctI2_lbIName> Interlocal Agreement with the Board of County
Commissioners for Disaster Preparedness.
District Priority IBelief
r
Agenda Item No. 16F8
June 12. 2007
Page 4 of 10
REGULAR SCHOOL BOARD MEETING
MAY 17, 2007 - 4:00 PM
DR. MARTIN LUTHER KING, JR. ADMINISTRATIVE CENTER
5775 OSCEOLA TRAIL - NAPLES, FL 34109-0919
Learning occurs most effectively in a safe and nurturing environment.
Contact
Eli Mobley, Director of Security and Environment. 377-0356.
Rnandal Imoact
Not applicable.
Budgeted
2
Recurrina Costs
2
Attachment: AareeDisPreD17MAY07.Ddf
Agenda Item No. 16F8
June 12. 2007
Page 5 of 10
AMENDED
INTERLOCAL AGREEMENT
BETWEEN
THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
AND
THE DISTRICT SCHOOL BOARD OF
COLLIER COUNTY, FLORIDA
FOR
DISASTER PREPAREDNESS
THIS AGREEMENT made by and between the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter "County") and the
DISTRICT SCHOOL BOARD OF COLLIER COUNTY, FLORIDA (hereinafter "District").
WIT N E SSE T H:
WHEREAS, heretofore, on September 4, 1980, the parties hereto had entered into an
agreement regarding operations during a declared emergency or disaster;
WHEREAS, there exists the continuing possibility of the occurrence of disasters or
emergencies of unprecedented size and destructiveness resulting from natural or man-made
causes; and
WHEREAS, Section 252.38, Florida Statutes, charges the County with the duty and
responsibility of safeguarding the life and property of its citizens and to provide emergency
management by providing facilities and necessary personnel to staff such facilities; and
WHEREAS, Section 252.38 (I) (d), Florida Statutes, requires the District to participate
and cooperate and coordinate with the County to provide and help staff such facilities and
provide the use of its vehicles and personnel in assistance to the County; and
Page I of6
Agenda Item No. 16F8
June 12. 2007
Page 6 of 10
WHEREAS, it has been determined both by the County and the District that it is the best
interest of both parties to amend their former Agreement and enter into an Amended Interlocal
Agreement setting forth the terms and conditions for emergency management activities.
NOW THEREFORE, in consideration of the preambles set forth hereinabove, the
mutual covenants set forth hereinbelow, and other and further good and valuable consideration,
receipt of which is hereby acknowledged, the County and the District mutually agree as follows:
I. The purpose of this Agreement is to provide for cooperation and coordination
between the County and the District in carrying out their joint responsibility to serve the citizens
of Collier County during hurricane evacuations, or other emergencies, as determined by the
County, by providing school buildings, and staffing thereof, as well as needed transportation for
evacuating citizens.
2. The County will utilize the comprehensive emergency management plan, standard
operating guidance, and other associated planning tools and methods to provide an emergency
evacuation plan for the community for declared evacuations and emergencies.
3. The District will make all necessary school buildings, facilities, and grounds, as
shall be described pursuant to paragraph 5 hereafter, and personnel to staff them, available to the
County to be used as shelters by citizens in the case of declared emergencies.
4. In addition, the District will make all necessary busses, drivers, and supervisors,
to the extent possible, available to the County in order to transport citizens and residents in need
of transportation to the shelters in the event of declared emergencies.
5. The County shall, in advance, investigate and designate those school facilities and
sites to be used for the purposes of disaster or emergency shelters, and shall make arrangements
to secure those sites in the event that school personnel are not available to affect such use. The
Page 2 of6
Agenda Item No. 16F8
June 12. 2007
Page 7 of 10
County may permit and desiguate the American Red Cross, and its personnel, to staff, operate
and supervise certain designated buildings and facilities in accordance with American Red Cross
shelter management guidelines.
6. Upon a determination by the County that a disaster, as defined in Section 252.34,
Florida Statutes, has occurred, or that a threat thereof is imminent, the Superintendent of the
School District shall be immediately notified. If such notification takes place during the normal
school day, the Superintendent will determine a safe course of action for students and staff as
well as make disaster shelters available in a timely manner.
7. Whenever the employees of the District are rendering aid to the County under this
Agreement, such employees shall have the same powers, duties, rights, privileges, and
immunities as if they were performing their duties for the County and the County shall be liable
for their acts and actions as if they were performing their duties for the County.
8. The County shall be liable for any costs for loss or damage to any District
equipment utilized pursuant to this Agreement and shall pay any expenses incurred in the
operation and maintenance thereof, except in cases where the School District can become its own
applicant agent for reimbursement of such costs and expenses from the Federal Department of
Homeland Security and/or the Federal Emergency Management Agency. The County shall also
pay and reimburse the District for compensation paid to employees furnished under this
Agreement during the time of the rendition of such aid and shall defray the actual traveling and
maintenance expenses of such employees while they are rendering such aid, excepting cabinet
level personnel. In addition, if the American Red Cross is desiguated by the County to operate
any particular shelter, it may have existing agreements in place that include typical
reimbursements for food, staff cost, minor facility repair for routine shelter operations wear and
Page 3 of6
.
r--"-
Agenda Item No. 16F8
June 12. 2007
Page 8 of 10
tear, and general liability coverage. The agreements hereunder shall be subordinate to the
American Red Cross coverage for these items, and shall come into effect after payments .and/or
reimbursements made by, or on behalf of, the American Red Cross. The term "employee" as
used in this Agreement shall mean, and the provisions of this Agreement shall apply with equal
effect to paid, volunteer and auxiliary employees.
9. The County and the District further agree to consider such projects, which from
time to time, may include, but are not limited to, mitigation efforts such as the installation of
generators, hurricane shutters, all of which will be for the mutual benefit of both parties.
10. The District agrees that the use of any designated school facilities for disaster
preparedness by the County will be at no charge to the County, except as specified herein.
II. Each party agrees to indemnify, defend and hold harmless the other, its officers,
board members, agents and employees from and against any and all fines, suits, claims,
demands, penalties, liabilities, costs or expenses, losses, settlements, judgments and awards and
actions of whatever kind or nature, including attorney's fees and costs (and costs and fees on
appeal), and damages (including, but not limited to, actual and consequential damages) arising
from any negligent, willful or wrongful misconduct, knowing misrepresentation or breach of this
Agreement by such party, its 0 fficers, board members, agents or employees. T his paragraph
shall not be considered in any way to alter the County's, or the District's waiver of sovereign
immunity or extend the parties liability beyond the limits established in Section 768.28, Florida
Statutes.
12. The County agrees to pay the District, after any payments or reimbursements
made by the American Red Cross, if applicable, for any damages to the structure or contents of
any school facility resulting directly from the use of such facility as a shelter and not from the
Page 4 of6
Agenda Item r'-lo. 16F8
June 12. 2007
Page 9 of 10
disaster necessitating the use of the facility as a shelter. No claim for such loss, damage or
expense shall be allowed unless within 120 days after such loss, damage or expense is sustained,
an itemized notice of the claim, under oath, is served on and received by mail, or otherwise, by
the County through its Emergency Management Director or County Manager.
13. The parties hereto agree that throughout the duration of this Agreement, and
during the performance of the obligations hereunder, the District is an independent governmental
entity and contractor in all respects, and shall not be the agent, servant, officer, or employee of
the County.
14. This written Agreement constitutes the entire agreement between the County and
the District, and cannot be modified except in writing, appropriately signed by all parties hereto.
No verbal or other understandings are applicable.
15. This Agreement shall have no termination date except for good cause shown, and
remain in force in perpetuity unless 60 days, in advance, written notice setting forth the "good
cause" is given of a desire to terminate, and shall extend to all successors of the parties hereto.
WHEREFORE, we have set our hands and seals on the dates set forth hereinbelow.
ATTEST:
OLBOARD
, FLORIDA
.BA
SUPERlN N
DATED this a\ atayof 1Y)~
,2007
Page 5 of6
.
ATTEST:
DWIGHT E. BROCK,
CLERK OF COURTS
By
Deputy Clerk
DATED this _ day of
Approved as to Form
And legal sufficiency:
Rober! N. Zacha , Esq.
Assistant County Attorney
,2007
Page 6 of6
Agenda Item No. 16F8
June 12. 2007
Page 10 of 10
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By
JAMES COLETTA, CHAIRMAN
~f'wi{ -
District School Board
Agenda Item No. 16G1
June 12. 2007
Page 1 of 6
EXECUTIVE SUMMARY
Recommendation that the Community Redevelopment Agency (CRA) approve the
expenditure of up to $13,488 from FY07 Fund 186 adopted budget to cover a gap in
salary for the Immokalee Weed and Seed Coordinator position. (Companion item to
the Board of County Commissioners' budget amendment approval under 16A)
OBJECTIVE: CRA approval of the expenditure of up to $13,488 from the FY07 Fund
186 adopted budget to cover a gap in salary for the Immokalee Weed and Seed
Coordinator position.
CONSIDERATIONS: Attached is a copy of the February 28,2006 Executive Summary
which formed the basis for CRA approval on February 28, 2006 of $24,000 from the FY
06 Fund 186 adopted budget to cover a gap in salary for the Immokalee Weed and Seed
Coordinator position. The CRA agreed to use the $24,000 to cover the Weed and Seed
position from April 1, 2006 or whenever the new grant started.
~_.
The Empowerment Alliance was the fiscal agent at the time of the original CRA approval
of funds in 2006 and the Empowerment Alliance used $10,512 of the $24,000 to cover
the salary and fringe from April 1 though June 30, 2006. On July I, 2006 the
Coordinator, Terrie Aviles, switched to the payroll of the Workforce Development Board
(WDB) which became the new fiscal agent. The new Weed and Seed grant did not start
until September or October, but had an official start date of July 1,2006. The WDB did
not bill the CRA for the remaining funding gap ($13,488) until January, 2007, and was
advised that the money had not been carried over into the FY07 Fund 186 adopted budget
for this purpose.
FISCAL IMPACT: The CRA redevelopment efforts are fimded primarily through Tax
Increment Financing (TIF) revenue. In practice, revenue for this CRA is generated from
a rate applied against the captured assessed value increment. This assessed value
increment is the difference betwcen the base assessed valuation within the
Redevelopment Area, established in 1999, and the new higher assessed valuation. It is
anticipated that the assessed value increment will increase each year during the
Redcveloprnent District's life providing for moderate tax revenue increases used to
finance redevelopment initiatives.
.-~
CONSISTENCY WITH ADOPTED REDEVELOPMENT PLAN: Assisting the
Immokalee Weed and Seed program by funding the Coordinator's gap in salary is
consistent with the implementation of the County's Redevelopment Plan. According to
Section 4.4 of the Plan (Community Objectives), the enhancement of the community
image and the perception of the community as a safe town are emphasized in the area in
order to "increase community policing activities; maximize current recreational activities;
create an incentive program for litter control and neighborhood cleaning." Also, Section
4.7 (Redevelopment Area Goals), neighborhood stability is encouraged through the
Agenda Item No. 16G1
June 12. 2007
Page 2 of6
implementation of additional streetlights, sidewalks, and landscaping throughout the
community."
GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of
the Grow1h Management Plan states that redevelopment plans may be developed for
specific areas within the County, and may consider alternative land use plans,
modifications to development standards, and incentives to encourage redevelopment.
LEGAL CONSIDERATIONS: The proposed expenditure is consistent with both the
Collier County Redevelopment Plan and Chapter 163, Florida Statutes; therefore it is
legally sufficient for Board consideration and approval.
ADVISORY BOARD RECOMMENDATION: At the lmmokalee Local
Redevelopmcnt Advisory Board meeting, held on May 16, 2007, a representative from
the Sheriff's Office appeared on behalf of the Weed and Seed Program to request the
allocation of the remaining $13,488 in order to provide for the gap funding for the
Coordinator to complete this 5-year program. The Immokalee Local Redevelopment
Advisory Board, during its May 16, 2007 meeting, unanimously recommended to the
CRA that the remaining $ 13,488 of the originally approved $24,000 of funding be
approved.
STAFF RECOMMENDATION: That the CRA approve the expenditure of up to
$ 13,488 in tax increment funds, from the FY07 adopted budget, to cover the remaining
gap in salary for the ImmokaIee Weed and Seed Coordinator position.
Prepared by: Thomas Greenwood, Principal Planner, Comprehensive Planning Department
Item Number:
Item Summary:
Meeting Date:
Page 1 of 1
Agenda Item No. 16G1
June 12. 2007
Page 3 016
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
15G1
Recommenaation that the Community RedeveloDITHml Agency (CRA) approve the
expenditure 01 up to J:13.<188trom FY07 Fund 186 adopted buogetto cover8;:Tap in salary
for the Immokalee Weed and Seed Coordinato' position (Companion Item 10 the Board of
County COmmiSSioners budget i3menoment aporeval Ullder 16A8)
6112i2007900.00AM
PrinciplllPlanner
Date
Prepared By
Thomas Greenwood
Community Devetopment &
Environmental Services
Comprehensive Planning
5/17120079:16:29AM
Approved By
RandallJ Cohen
Community Development &
Environmental Services
CommuintyPlanning and
Redevelopment Manager
Date
CompreilensivePlanning
5/21/20077:02 AM
Date
Approved By
Marlene Stewart Executive Secrel3ry
Community Development & Community Development &
Environmental Services Environmental Services Admin.
5/21/200711):21 AM
Approved By
Operations Analyst
Date
JudyPuig
Community Development &
Environmental Services
Community Development &
Environmental Services Admin
5121/20071:!:20PM
Date
Approved By
Marjorie M. Student.Stirllng Assistant County Attorney
5/23/20071.54PM
Ar1proved By
County Attorney County Attorney OHice
Mike Bosi, AICP
PrincipalPianner
Date
Community Development &
EnvironmentalService.s
Zoning & L,1nd Developmenl Review
5/23/2007309 PM
Approved By
JosepilK. Schmitt
Community Development &
EnvironmentillServices
Community Development &
Environmental Services Adminstrator
Date
Commun,ty Development &
Erwironmentlll Services Admon
S/25/200711:43AM
OMS Coordinator
OMBCoordinator
DM'
Approvl'd B}'
County Manager's Office
Office of Management & Budget
5/2S120074 OS PM
Approvl'dBy
Mark Isackson
County Manage(sOfflce
Budget Analyst
Date
Oftice of Management & Budget
6/2120071247 PM
Date
Approved By
JarnesV.Mudd
Board ot Counly
CommisSioners
County Manager
County Manager's Offiee
6/3/20073:4SPM
file://C:\AgendaTest\Export\84-.Iune%20 12,0/,1202001\ 16. %20CONSENT%20AGENDA \ 16G... 6/6/2007
Agenda Item No. 16G1
June 12. 2007
Page 4 of 6
EXECTTn-E SC\nL~Y
Recommendatiuu that rUe Community Redt'y,pJopment Agenc~. (CR.:\.) apIJl'OH!' the
expt'umtllH' of up to 524.000. fJ"om FY06 Fund 186 ;adoptl"d budget. to (oyel' ;t gap in salaJ'Y
for the- Immoblee ""li'ed and Se-ed Coordinator posiTion.
(Companion it{lIn to the Board of Connty Commissiollers" budget :nneudment apPI'oyal
uuder 16 A)
OBJECTI\T eRA appro"al of me expendlture of lip to Sc4000 from FY06 FtIDd IS6 adopted
budget, to cover a gap in salary for the Inullokale-€' \Vt"t"d and Seed Coordinator position.
CO~SIDERAll0:\S: The \\~eed and So:-ed program i., a cO:ll11llwlity-bas.ed strategy ~pon,ored
by the c.S. Dep,utment of Justice (DOJ) nnd o',eneen by th~ DOJ ComnHuuty C.Rpa::-ity
De"\-e1opmenr Office (CCDO), to preyenL control. and reduce- yiolent crime. drug abuse, and
gang aCI1\"it). in d~'>lgllate'd high-crime' nt'ig.huorhoods ucro.",:; the COlllltry_ The <,:trateg)' a1<,:0
re:cogtliz~<; tht' importance' of iUH'th-ing comnuUlir:-' fe-slde-ntl; in ide'ntifving and ,>oh-ing problem;
within th~:ir neighborhoods. \Yeed and S~~d i<; a cornpr~hen;;i...-e' multi-agency approach ro law
ellforc~m~nt crime preyenhOll, and nelghborhoDd res.tomtioll
"Law enforc::'1l1::"tli agen::le" and prosecutoff> coope-rat::" in lH..'wding Oll; "iolent c:riminah and Onlg
abusers. and public- agencie,:; cmd COllUlUluity-bas.ed priyate orgamzation~ colbborat-::- to seed
much-needed hu.man o:.en"ices. l11dudiug pre...-ention. illter..entlO!L treatment ,md nelghboruClod
fesroratlO11 programs A COn1n1Uluty-orie.l1ted policing: compone'ut bridge-.; the \\-eeding and
<;ee-ding ele111;:,nts. .
The ImlUol::alee \reed and Seed SIte coyers 2.41 square 11111e:. \,;1t1ul1 the cOCllllumty of
ImmoKalee and. wa:; awarded il :I-year OftiClal Recognition des.igllation in the s.prUlg of 2002.
Th~re are mallY layers, to the hnll10kalee \reed and Seed Program. It is not ::.imply il grant but a
program with ::l far ranging ~rr;\tegic Plan_ r~quiring the inyoh:emenr of many l)layers. ine luding a
fhll Sree-nng Committe-e comprised of an e-lectf"d 0fficla1 ~curretltly. Comuu.:;:;lOner Jim Coletta).
residenT", local agenclf:'s_ the Shenff!; Office. the US: Arromey's offic~_ th~ School Di<,rnet. J.lld
seyeral County depamnents (?arks & Recreation, Code Euforcement_ and Compreh~nsiYe
P1-UU1l1lg) The Str.1.reg."lC Plan aIs.o c.111", for heLl"'~- mYOh"e111e11t from Transportation (road
paYing. r;idt:'walks. lights. etc.). Hou",ing (hou:;1llg rdmb and construction). Solid \Vasre (~Ta",h
cleanup and educatlOuL County ProbatioIl and other "tate and federalla\\" enforcement agencit"s
ol.H'>icle of the- Coumy Sheriff'". Office There are also cunently seyetal suh-progrcun<; \ntwll the
Imrnokak't program_ inciuding mentoring and yomh camp program;_ job training_ ~tc.. 1.'."111cb <lr~
mal1ag~d through mb ['!&f~eme'llt<,.contractr, with local age-nc:i~<, in Immokal~e Addition~l1y_
eyer) \\7eed a:1d Se-e-d <,lte- 150 requued to estabhr;h a Safe Haven. J. lllu1ti~s~rn;::t' center often
hou;;ed in a "cbool or COm1l1Ulllty center. '.\"here many youth and adult oneuted sernce~ are
deln-ered ltmllokalee' <, Safe naH'll center proYldes. acad~nllC tutoring. 1l1elltof1ng_ re:::real1011_
athle-ti:::s_ pe-rforlllnllce and applied art~ programs. and a SUllllner day camp.
F1U1cllng for the \\-eed and Seed Coordinator currently mns through ~-lMch 3 L ~006 .1:IJthOllgh
rhe currenT grant Em; be:"'ll e~:t:"nd.ed UlUll S;:"prembE"r ~{)06. the D::-panmem of Jm,ttce is unable to
Agenda Item No. 16G1
June 12. 2007
Page 5 of 6
shift nU1ds from programs or s-en'ic~5 to eaver the Coordinator -!;. salary. The ne,-,' application
cycle for the ne-x.t fiscal 3..e-ar will be applied for in April or ~'1ay and funding is expected to be
recen.-ed no larer than September 2006. The rime- fram~ for fundmg t.o be rec~iTed after the grant
application i5 submitted can be as little as 3 months. (presenting a Sl::!.OOO o:;a1..11.y gap for ril.e
Coordinator's. s.alary). or up to 6 month... (p:re5~nting a 524.000 salary gap for the Coordinator's
salary). Therefore, the Immokalee '\Veed and Seed program is requesting a maximum of 524,000
from the lnunokalee eRA. - s tax increment financing (TIT) funds to continue the- \Vee-d and Seed
Coordinator pO!l-iriou.
The- DOI may reimburse the entity funding the Coordinator" s sa1w:y for the gap time once the
grant is approved. hO\veyer, there is no guarantee that the- gralll \'\'i11 he approved, and if it is. if
the grant \\'111 pay the full salary since It was. ahvays. the intention that the community, program,
andior fit;::-al agent. \.vould e't'entually COVet" the Coordinator'; salary.
The \Veed and Seed Steering C01l11lllttee 15 meetmg with the lmmokalee Local Rede\'elopmem
Adyisory Board on February 15. :!006, to request a reconunendation for the- funding of the
524.000 to continue the \Veed and Seed Coordinator position.
\Vithin the las;t 3 years, the \\.'eed and Seed gram ha!:. proyided the Inunoknlee Counlltuuty with
S613,700 ill nUlding. and dwing the next fi",cal year, it is. t"xpected (0 receive an additional
S225.000. Tmoughout the 5-year 11llnlOkalee \Veed and Seed de'iignatlon p-:,riod. two" grant
'would ha....e contributed a foral of S838,700 for l.a10.\' enforcemem. community policmg.
neighborhood restoration, pr~YentioR lllt~:rvemian. and treatment program:" for the lmmokale-e
COnUnU11lTY.
FISCAL I\IPACT: eRA red~;:t"lopm~nt efforts. arr- pnnumly fuuded through Tax 11lcr~ne-llt
Financlllg (TIF) re-Yellue. In practice. re-venue for this eRA. is. geueJated fro111 a rate applied
ag:aimt the caprnred assessed value increment. This assessed value inrremem is the difference
benveen the base a'Sses.sed "\:aluatioo wtthm the Rf'd~""elapmf'nt Area, e,:;;rabli~hed 111 1999, and
the new higher as:<.essed valuation. In practice. it is anri::.ipated that the i'I!;s.essed yalue increment
'will illCreas.e each year during the Rede\,'eloplllE'llt District"!":! life pwyiding for moderate tax
re....enue mITea_"~s used to finance rede...:dopment 1mtiativf'!)
CO"\'SISTE'\'CY WITH ADOPTED REDEYELOP\IE"T PL\S A"",ing the
Immoka1ee \Veed and Seed program by funding th~ Coordinator''i gap Ul ,>alary is
consistent WIth the Huplementation of lhf' COlUlty'S Reck-ye1opment Plan. Accordll1g to
Section 4.4 of the Plan (Community Objecti~..e-;). the enhan:emem of the comnllullty
image and th~ pe-rc~t1on of the COllumuury as a s.afe- town are e-mphasiZed 10 the area in
or&r to "i..ncre-a~e- comnlluuty policing aCflvities: maximiu current recreational acti'\"1rie!.:
cre-ate an lllc~tiYe- program for litter control and neighborhood de-alung." .4..1~o. under
Section 4.7 (Redeye1opment Area Goals), neighborhood stability is encouraged through
the implemt'ma!lOn of additional 5u'e-ethghts. side\:I,:alks. and landscaping throughout the
C01ll1l1UlUt:y.
GRO"TH \Hl"AGE:\IEl\i [l\IPACT: Poltey 4.7 of the Futuro Land Use Element of the
Growth Management Plan states that redeye10pmeur plan~ may be deyeloped for speciflc areas
WIthin the Counr~r and ruay consider alternative 11.nd use plans. modifications t('l deyeloPlllent
Agenda Item No. 16G1
June 12. 2007
Page 6 of6
~taIldards, aud incentlYC'f:. to encourag:- ledeyelopmeut
LEGAL CO:'\SIDERATIO:'\S:
Redevdopment Plan and Chapter
Board consideration and appro,'at
The proposed expendimre 1':> consistent with both the
163, Florida Sumnes; therefore. It i!;, legally sufficient for
AD\l.SORY BOARD RECO:\t:'\IE"TlATIO!\: At the 11ll1llokal"" Local Redevelopment
Adyisory Board meeting, held on February' IS, 2006. represetltatiyes from the Immokalee \\ieed
and Seed Steeru1g: Committee presented the funding request for $24.000 to cover a gap in s.alary
for the lmmokalee \Veed and Seed Coordinator pO!iltion. The IUUllokalee Local RedevelopnleIlt
Ad.,:isory Board made a morion to apprO'i"e this :request and it \vas pass.ed ullanimom.ly.
STAFF RI:CO:\I:\IE:'\DATIOX That the CRA appro-,-e the el<pmdinzre of $24.000 ill ta.x
increment nUlds, from r~{06 Fnnd 186 adopted budget, to coyer a gap in 5;alary for the
Inuuokaleeo \Veed and Se-eod COQrdinator po..itiQll
Prepared by: ~icole Fernandez, Senior P1.1.11Def. Comprehensiye Planning Department
Agenda Item No. 1682
June 12. 2007
Page 1 of 33
EXECUTIVE SUMMARY
To approve and execute Site Improvement Grant Agreement(s) between the Collier County
Community Redevelopment Agency and a Grant Applicant(s) within the Bayshore
Gateway Triangle Community Redevelopment area. ($8,000)
OBJECTIVE: To approve and execute a Site Improvement Grant Agreement(s) between the
Collier County Community Redevelopment Agency (CRA) and a Grant Applicant(s) within the
Bayshore Gateway Triangle Community Redevelopment area.
CONSIDERATIONS: Annually, the Community Redevelopment Agency's Site improvernent
Grant Program is funded at a level that satisfies existing grant obligations from prior fiscal years
and future grant opportunities. The purpose of the grant program is to provide an incentive to
revitalize the area by providing a matching grant to encourage the private sector to
upgrade/rehabilitate their property. The residential rental property grant requires applicants to
provide a project cost-match of at least 75% with the remaining project dollars supported by Tax
Increment dollars generated from the CRA District. For FY 07, a total of $180,000 is budgeted for
the rehabilitation grant program. From this allocation, $100,000 is available for new projects and
$80,000 is committed and due to previously approved applicants upon satisfaction of all grant
stipulations.
_ The site improvernent grant application subrnitted by Eric Booker owner of 2754 Shoreview
Drive Naples Fl., 34112 was recommended for approval by the Bayshore/Gateway Triangle
Community Redevelopment Local Advisory Board at their June 5,2007 meeting.
FISCAL IMPACT: Sufficient budget exists within the FY 07 Bayshore Gateway Triangle Fund
(187) to satisfy this new grant application. A Site Irnprovement Grant may fund up to 25% of the
applicants project cost up to a ceiling of $8,000. This site improvement project totals $37,215.61
and the grant request is $8,000.00 which is 21 % of the estimated project cost.
GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of the
Growth Management Plan states that redevelopment plans may be developed for specific areas
within the County, including the Bayshore Gateway Triangle CRA that may consider alternative
land use plans, modifications to development standards, improvements to infrastructure and
incentives to encourage redevelopment.
RECOMMENDATION: That the CRA Board approves and authorizes for execution the Site
Improvement Grant Agreement between the Cornmunity Redevelopment Agency and Eric Booker
of2754 Shoreview Drive, Naples Fl., 341 12 in the amount of$8,000.00.
Prepared by:
Jean Jourdan on May 7,2007
Project Manager, Bayshore/Gateway Triangle Community Redevelopment Agency
-
-1-
Item Number:
Item Summary:
Meeting Date:
Page 1 of I
il.qenda Item No. 16G2
.JunE: 12, 2007
P3ge:: of33
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
'GC3~
To appro\"" 81ld eX8CUW SI!e Improvemenl Grant !',greeITwl1ils\ b81ween t~le ;:;oII18^ C()untv
Communitv Recievelonrllent ?,~lencv (11"1(1 a Grant J\pDliCHrltls) Witl"1r" tl18 rwysnort' Gateway
Tnilngl"lComrTluniLy ;'''deveio"mon'ar<<1 {Sb,(JO(",
Gf12!::'G079 GO,QO f\M
Date
Prepared By
J"an JOl1rd~n
Community Redev"lopmcnl
Agency
Project Man~ger
Bayshore-GatowayR(O(le\felopmlJl1t
5130/2007 B 45,27 AM
Dllte
Approved By
Jean Jourdlln
Community Rede\f()iopmant
Agency
Project Manager
Bayshor".Gateway Redevelopment
5/30/2007840AM
David Jackson
DJte
Approved By
CommunilyRede\felopment
Agency
Executive D'rector
Baysllor".Gateway Redevelopment
5IJW2007!l54AM
OMS Coordinntor
Date
Approved By
County Manager's Of lice
OMB Coordinlltor
OfllceofManagement& Budget
6/1!20079:,t2AM
Approved By
Mark i511Ckson
County Man~gllr'5 Office
Budgul Analyst
Date
Oflicu of Management & Budget
61412007 5:~S PM
Dam
Approved By
James V, Mutld
BonrdofCounty
Commissioners
County Manage'
County Man<lgor's Office
GI4i2007 S;'GPM
file:! /C:\AgendaTest\Export\84-June%20 12, %202007\ 16.%20CONSENT%20A( iENDA \ 16G.. 6/6/2007
Agenda Item No. 16G2
June 12. 2007
Page 3 of 33
THE BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT AREA
SITE IMPROVEMENT
GRANT APPLICATION
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Tomorr~$ 'It'>:..:> :
SITE IMPROVEMENT GRANT APPLICATION
i OlZOO?
Eric Booker
2754 Shoreview Drive
Naples, FI., 34112
.
a~. A~. ~e .da I.tem No. 16G2
. IJ~1ItJ2 2007
" 1i~1'C 4 of 33
SITE IMPROVEMENT GRANT PROGRAM
General Provisions
The Collier County Community Redevelopment Agency (CRA) created the Site Improvement
Gmnt Program to provide tinancial assistance to existing residential (single-family ov.'llcr-
occupicd and single-family or duplex rentals) and commercial establishments in thc
Bayshore/Gateway Triangle Redevelopment Area by offering financial and technical assistance
ll1r site improvements. Improvements must be exterior improvements to the structure or
surrounding site. All improvements must meet the t.-riteria listed below as well as the current
requirements of the land development code, building code, construction inspections and permits,
and any applicable zoning overlays. Irnprovements that remcdy existing code enforcement
problems also qualify if combincd with other site improvements.
The CRA is funded by Tax lncrcmcnt Financing (1'11"). T1F is a unique tool that CR.A's can use
to leverage public funds and to promote private sector activity.
. For single-family owner-occupied residences (I to I dollar match):
Thc CRA will provide 50% of the cost of improvements to existing structures. buildings and
surrounding property, up to a maximum gnmt amount of$8,OOO. For example, a project that will
cost $16.()OO total may rceeive a grant for up to $8.000. howcver a project that will cost a total of
$7.000 will only receive a gnmt Il,r up to $3,500.
. For single-family or duplex residential rental property (l CRA to 3 private dollars
match):
The eRA will provide 25% of the cost of improvements to existing structmes, buildings and
surrounding propcrty. up to a maximum grant amount of $&,000.
. For comrncrciaJ properties (I eRA t{) 2 private dollars match I:
The eRA will provide 33% ofthc cost of improvements to existing slructures, huildings and
surrounding property, up to a maximum grant amount of$8,OOO.
Funding awarded will be evaluated based on the contribution made by each applicant as wcll aq
thc cxtent of improvemcnts. Comrncrcial projects must include a minimwn of three (3) diffcrent
types of improvements and any residential projects must include a minimlilll of two (2) different
typcs of improvements (described below). For example, a project that consists of only onc type
ofimprovemcnt (new sign only or new paint) will not qualify.
All work must be preapproved by the CRA Advisory Board, the CRA and any applicable county
dcpartments that would normally review such improvernents. All proposed work must be
approved before beginning any work. Grant funding is not retroactive. All work musl be
completed wilhin one year of approval by eRA. Applieanls arc required 10 request a meclinl{
with staffprior 10 submillal ofapplica/ ion
Eligibilil)'
Grant funds are eligible to commercia] structures (ovmer or tenant with a minimum lea~e term of
2 years remaining) within the BaysborelGateway Triang.le Redevelopment Area. Tenants must
Agenda Item No. 16G2
June 12. 2007
Page 5 of 33
have a current occupational license and OW!1cr authori71ltion. Authorization form mLL,t be
submitted with application. All single family owner-occupied residences are eligible to receive
Site Improvemcnt Grant funds. Multi-family and residential remal property are limited to single-
family or duplex dwellings.
Grant funds may be used for the following improvements:
. Removal of false fayade, aV.1lings, canopies, porehcs, signs or old entryway
. Porches, awnings, canopies
. Construction ofncw public emrances
. Signs - remove & replaec~ on building or monunlent style
. Parking Lot Improvements. driveways, swales or stormwater improvements
. fencing (chain link not approved)
· Painting (all colors must bc approved)
. Window or door replacements or repairs to hurricanc standards. hurricane shutters
· Repointing or mortar joints for brick or stone fronts
. Exterior woodwork repair. replacement or new installation
. Stucco work, or new siding (SIUCCO. vinyl or hardiboard)
. Landscaping installation and improvement at front of building (visible from public
street), and must include in-ground irrigation system
. New' Roofing. rain gutter system and soffit work
. Construciionlrepair materials if work performed by applicant
. All work must be completcd within one year of approval by CRA
Grant funds mal not be used for:
. Working capital or administrative costs (payroll. rent. utilities, etc.)
. Sweat equity I time/labor or applicant or ramily I
. New construction, residential or conlnlcrciul
. Residential or commercial additions/expansions uf existing buildings ur on site
. Residcntial rental property - apartments or buildings with more than two units
. Interior renovations
. Seawalls or watcrfront improvemcnts
. Demolition only
. Loans or other capi tal support
. Work that will extend beyond one year or approval by eRA
. Work completed prior to approval of site improvement grant
I'ro ject Evaluation
All projects will be evaluated based upon the following:
. Applicant's financial contrihution (greater the applicant's contribution, more points
awardcd)
. Number and extent or improvements (minimum 3 for commercial. 2 ror residential)
. Ability to bcgin work immediately and ability to cumplete projcct within one year
. Remedy of cod" cn!lJr"ement problems
2
.
Agenda Item No. 16G2
June 12. 2007
Page 6 of 33
POINT EVALUATION FORM
A point systcm will be used by eRA staff to evaluate projects, using the following table
(application must clearly indicate what project provides to get the points associated with that
item):
-"'..-
POINTS FORM
, --
Project Provides I'oints Points
--. - Available Awarded
Removal of false fa~ade, awnings, canopies, porches. signs or old entryway 1 I
New porch, awning, and/or cano!'y I ,-- I
,-
Construction of new public entrance I I
New sib'TlS, 011 building or monument I ,
---~--,_._. - , ..~._---~--- I
j New_J:l."i~ltonly I !
, "--"--1
i Pamt complements the "Old flOrIda' style
I Design consistent with the "Old Florida" style
Replacemcnt or re aired windows or doors
Swalcs and stOrInwatcr ilnprovemcnts
Repainting of mortarj(~.nts.ll?r brick or stone fronts
; Woodwork repair, re!l.l;lcen~ent or ncw installation
i New Roofing. rain uutlers, or soffit
~. '=---...........--.......... ---_. .......--..-..-.----
i Stucco or siding work ____
! Parking improvements (Commercial)
i' Driveway rcplaccmcnt or improvcment (Re~ide-;:;ti-;;-f)'"
r-T~;:~~i'scaping lmE~~~~~!~!~,~._and irrigation system
Hurricane rotection (stoml shuttcrs, windows, doors)
-~+-
I
I
I
2
I
-l
r
__, __J....
2
")
2
r.
::f..____
I
Subtotal
{ ,OJ
Othcr Criteria
Applicant has funding and is preparcd to begin pemlitting process and hiring
of qualified contractors immediately following CRA approval and complcte
all work ",thin one year of appr()~'albLC!{.!\,
Improvcmcnts will allow applicant to remedy existing code entoreernent
"Eroblems
i I" time Site Improvement Grant applicant (repeat applicants qualify for points
i if crant not awarded previously or 2nd commercial sile)
~._""---_._--_..._._.._..__._.__....__._-~--.-_..._-_...... ...-....--.-----..-...-...---..-----..-..---..-...,....-..,." -.-.-.,,-."'.- .~-
i eRA contribution of 25% or less of the total project cost
: CRA contribution ;)I"'i6'Yo'~' 5m()-~f;th~lot;;T roj~~t-~;;~t- u,_____
5
5
5
;
_____. u,__, __' _ _._ .I__u._'___.~..________..'u
. 10 i
..._~...--!-~-_...- .--..
I 5
Subtotal
TOTAL
"
L..
NOTE I: Any alterations in the project milsl he pre-approved hy the CR A to avoid revocation offunding. In the
event that the total funding request from all (lPplicants exceeds the amount <1'\1uilable for this grant cydc. fund~ will
be a\'lardcd at the final discretion ofth(' eRA based on the merits provided to the redevelopment area.
NOTE 2: (iranr is for rcnovationiirnprovcment of existing structures. Grant may be awarded for improvement,,; made
to "'existing" structures as part of a new construction project (example: hurricane quality windo\\-' replacements on
existing structure as part of residential room (lddition or commercial of1icc expansion).
3
Agenda Item No. 16G2
June 12. 2007
Page 7 of 33
PROCESS
Step 1: Applicant Meets with Staff
. Applicant must request a mccting with staff prior to suhmittal of application.
. Applicant & staff meet at project site
Step 2: Applicant Suhmittal
. Sile Improvement Grant Application
. Project Initiation and Completion Form
. Owner Authorization Fom1 (if commercial tenant is applicant) - requires notarization
. Two 1\ x 10 color photos of the existing huilding fa9ade ("hefore" pholOs)
. Sketch of proposed improvements
. Budget estimates for the improvements if work to be cornpleted by applicant
. Suhmit two (2) wTitlel1 estimates/quotes from qualified/licensed contractors
. Copies of contractors license and occupational license
Step 3: eRA Staff and Advisory Board Rn'iew
. CRA staff rcviews application and eompletcs the Points Form. then places the application
on agenda of next Advisory Board meeting
. Advisory Board checks project to make sure it meets all grant critcria and
Redevelopment Plan cliteria
. Applicant is requircd to be present at the Advisory Board meeting to answer any
questions that may arise during the review or to provide additional material if requested
. If project mcets all criteria. the Advisory Board makes a recommendation to eRA to
approve the application
. Grant fUnding is limited with first priority given to projects with higher points
Step 4: eRA Re,'iew and Appruval
. CRA staff prepares Site Improvement Grant Agreement for thc CRA to review and
"pprove
. Applicant signs Site lmprovcrllcnt (irant Agreement
. Application with Advisory Board rccornmcndation and agrecment placed on CRA agenda
for review and approval
. CRA reviews Advisory Board reeommendation and agreement during regular meeting
and approves or denies projeet
Step 5: Permitting and Site Plan Improvement Process
. If CRA approves project. applicant obtains all necessary permits and/or submits county
site irnprovement plan to Community Development & Environmental Services Division.
(l'roofthat all necessary permits were obtained. i.e. \-vindows, doors. roofing and any
other structural improvements. will be rC4uired fix payment or the Site Improvement
GranL}
Step (" Projcet Work
. Applicant applies for and receives permits. then begins work
4
I
I'
Agenda Item No. 1682
June 12, 2007
Page 8 of 33
Step 7: Project Completion and Submittal of I'roject Summary Report
. Upon completion of work and after all inspections have been completed to insure work
conforms to the work that was proposed, applicant suhmits:
o "Project Summary Report," including description of completed improvements,
two 8X I 0 ~olor "after" photos, contrdctor invoices, list of materials and
constmction techniqucs used, list of architects and/or contractors and any
additional information specific to the project.
. Notarized "!'aymcnt Request Forn," and all matcrials receipts and/or cancclcd checks
as proof that all materials and ~ontmcted improvements havc heen paid
Step 8: CRA Staff Submits Project Completion Report for Payment
. CRA Staff visits sitc and documenls improvements.
. CRA Staff f()rwards Completion Report and documents to County for payment.
Project Forms
All applicable forms must be completed.
Forms to include with application (Sections I tbrough 3):
1. Project Initiation and Completion Fom,
2. OV'<1ler Authorization Form (if commercial tenant is applicant) - requires notarization
Form to complete and bave approved by CRA prior to start of project:
I. Site Improvement Grant Agreement (provided by staff after Advisory Board
recommendation and prior to eRA review and approval of grant application)
Forms to submit following project completion:
I. Project Summary Report Form
2. Paymcnl Request Form - - requires notarization
5
...-.-.--------.-------.---.-.-----
--~'--'-
Agenda Item 1'-10. 16G2
June 12. 2007
Page 9 of 33
SITE IMPROVEMENT GRANT APPLICATION
Section 1: Applicant Information
Owner Address:
,
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1\:.( ICe r
Owner Name:
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Site Address (if diffcrent from ",mer addrcss):
___J IS'-\__5__\~0-'-('.c 1("-
\'\)'-'\(\ l-\ }-(llL
I ,.-'------
\) r
Legal Description of Site: ,
Daytime Phonc:
A Iternate Phone:
1 " '
ff.- ) (j
:~ t C( - c) ~ 3 )-
E-Mail Address:
L~) t ,. 'Il (! \ (~L i-t..- \ t.,' ;v'-.
1
110w long have you O\\;11ed this property? _ _:'::'_~ ( '}
Ilow long is lease term iflcascd') (attach copy ofleascJ '..I..~~__~:._.."...'.' ,'.' L.
Tenant Name (Commercial Onlv):
Tenant Daytime Phone:
Tenant A Iternate Phone:
Nwnhcr of Years in Business at Site Address:
Occupational License Number:
Other Tenam Names, if any: ____,.
First Time Site Improvement (jrant Applicant')
Yes
/
W
NoD
If no, how many applications submined')
Grant!s) awarded') ,'es D
NoD
6
.
Agenda Item No. 1682
June 12. 2007
Page 10 of 33
Section 2: Project Information
Existing Condition of Project (attach additional shects if necessary):
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ATTACH "BEFORE" PHOTOS AT LEAST TWO 8X10 COLOR PHOTOS, OTHERS MAY BE
ADDED TO ACCURATELY DESCRIBE THE SITE).
Outline Proposed Improvements in Detail (attach additional shects if necessary):
, '.P
;
/
:; /' /; /' -
I" ,.,.,
'""
I
fJ__ /'
/ j-~
j
f-- ,~. ./ ,
, .
List Materials to be Used and Construction Methods to be Utilized (i.e. red bricks,
wood panels. rooflype, etc.) (attach additional sheets if necessary):
.' ,
{''''
'I. ..
ATTACH PHOTOCOPIES OF EXISTING COND1110NS PHOTOS fDENTWYING AREAS TO BE IMPROVED.
.4T1ACll DRAWIN(iS OR SAETCH OF IMI'ROVEMENTS, ATTACH CO!.OR S4MPl.ES FOR EACH
IMPROVEMENT:
7
Agenda Item No. 16G2
June 12. 2007
Page 11 of 33
Section 3: Project Cost Information
Estimated Pro,;ect Cost:
. ALL WORK TO BE COMPLETED BrA LICENSED CONTRACTOR
. APPLlCA TION MUST HA VE A T LEAST TWO (2) WRITTEiV ESTIMA TES/
QUOTES A TTACHED TO TIlE APPLlCA TION.
. COPIES OF FLOlUDA/COLLlER COUNTY CONTRACTORS LICENSE AND
COLLIER COUNTY OCCUPA TIONAL LICEI\'SE MUST BE
A TTACIlED TO ESTIMA TES/ QUOTES..
,11 /i 6;'
Estimated R"quested from eRA $ 'f;, . 000 - ~
Residential owner-occupied (up to sonic. ~fthe total project cost, up to, but not
exceeding $8,000.)
Residential rental (up to ;1!:t',?Jftotal project cost, up to but not exceeding $8,000.)
Commercial (up to....~% of total project cost, up to but not exceeding $8,000.)
COPIES OF .1LL RECEIPTS AND/OR CANCELED CflECKS WILL REQUIRED UPON PROJECT
COMPl.f.TtlJiV AS PROOF TflA TAU. MA TERlALS AND CONTRACTED IMPROVEMEl,TS IIA VE BEEN
PAfT), NO REIMBURSEMENT U'/t.I. BE MADE Bt' THE CRA UNTIL ALl. RECEiPTS AND/OR CANCEI.LED
CHECKS 11..1 VE BEEN RECEIVED AND "ERIFlED.
FOR eRA USE ONLY
Request from eRA:
37d/5.
gll4A
.L, l.-I
"J."'.W.".-
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j
I
Total Estimat<<.."<I Project Cost:
Percentage ofTutal:
\ \ .\ In \k
\ ,'-'v_
Owner Signature
'1 k~ It,)
Date ;
C) .rlerSil1.lla t.un:
- / J
i . .
- ,~.) .......';,; /.
to," I~. . . I..}
eRA StatTm';(1
/ .' I !
, .
Datc
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( ,J I I
_.....~.-.
[Yate ,'/
.'
8
Agenda Item No. 16G2
June 12. 2007
Page 12 of 33
PROJECT INITIATION AND COMPLETION FORM
(to be submitted with Site Improvement Grant Application)
I.
,.
/
~
owner/tenant of the property located at
/l~. I,Jc., have the funding and capability necessary to begin the
~r c/ / /
/',.!....) .,,':)1.'1;jr~(;)W
site improvements listed under Section 2 of the completed site improvement b'f'dllt application
and have the ability to complete all improvements within one year of the approval of the site
improvement grant by the Collier COlU1ty Community Redevelopment Agency.
/~'L /~'1
/ : L
. I
\ ( I
,
tv'- 1 -I - ,.
(1(ljlol
Date
Signature ofOwnerffenant (Gmnme+eiaLonly)
Signature of Owner IT en ant (Commercial only)
(if jointly owned or leased)
Date
-
Signature of Owner IT en ant (Commercial only)
(if jointly owned or leased)
Date
9
---". -'-'-"-"""'-'--'-'---""~--'--- ---,
Detai Is
Agenda IteIMYs. ~ SIB:;!
June 12, 2007
Page 13 of 33
:t ~,~:;-,:~ , 'I ~~
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Folio No.11 jfj :711i':;)\]Oi'
Current Ownership
Property AddressIl2::')'i .:':.i-"-'~::::::V:EVI ~JP
~
Owner Name!! BDC!r~~K_ ::::Fc:iC
Addressesll ::36 -GU~FV!:::VJ Dr:;:
City II NAPLES II
Stalell Fl
ZiPl1 :';:;1-;2 - 5::;39
Legal!! GULF SHCJRE:S B:.K :: 15T 17
50
Range II Acres
-'::" II C.iG
Ma No.
Strap No.
Section
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Township
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';' Millage
Sub No.
Y-liGDD
Millage Area II
i1 II
Use Code
RESiD::::NT:.Ll
"-",iE:,;4
2006 Final Tax Roll
(Subject to Change)
Latest Sales History
. t.. ';:~'-,"'Ji~'l-
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SOH = "Save Our Homes" exempt value due to;:;up on assessment
Increases
I Land Value
I (+)lmproved Value
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Date II ,,', co .. II Amount
l...; ~:lL!:: II :,,;'((4 ::Q.f:4 II ::; C25,00[;0;'
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em:; ~"tii
The Intormatlon!s U;:Jdaied WE't"l<ly
hUD:i/wv>w.collieraODraiser.com/RccordDelail.aso"Mao"-&F01iolD=0000048171 160006
4/13/2()07
Details
Agenda Iterli'l\ke 1~
June 12, 2007
Page 14 of 33
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lJALE~~/NC.
Z864 TAMlAJD TBAlL E., STE: 5
RJf:PLi!S, FL 3411 B
(e8g )7S!!-5S5-t
Concrete! Masonry Proposal
Submitted this 12th day
of ADril,2007.
To: Mr. Eric &oker
Shoreview Dr
Naples, Fl34112
RE: Sboreview Renovatioos
Agenda Item No. 16G2
June 12. 2007
Page 20 of 33
The following is our price for concrele. masonry. reinforcing sleel, for labor,
miscellaneou:s materials, and taxes;
Fourteen Thousand Two Hundred ($14.200.00) Dollars
.:. Scope:
· Masonry walls (including reinforcement andfilled cells)
. Demo two windows and masonry below
· Remove concrete in front of garage and selective
Concrete demolitionfor new carportfoundation
. Raise slab al existing carport area 10 match
floor level ()fmain Iwuse
· Foundation for new masonry' walls and columns
At addition and carport
.:. Additional Work(Not Included in Proposal):
o Carport'
o Stucco*
://
l$
.7
_.~/~:) :>//
$4,700.00
$1,500.00
$3,000.00
$3,000.00
$2,000.00
$ 18,000.00
$8,000.00
3g,doo. oJ
This proposal is valid for thif1y (30) days from date submitted.
lfyou have any questions. please do not hesitate to call (239)253-8054.
Sincerely,
'Date ~
Dale Martin
President-Dale Martin Construction, Inc.
l'd
S;,l.B-GE:l.lSE:G)
Nori~n~~SNO~ ~r~~~W 3'~a
Wd20'r l.002 l.l ~~~
Contractor Certification Detail Page
Agenda Ite~~. h ffilt2
June 12. 2007
Page 21 of 33
Collier County
-flORIDA- .'
Contractor Details
-1250
!\lASONRY CONTR.
2Hi6-1
12/l-11l')99
ACTIVE
')(10/2007
DALE MARTlN
CONSTlWCTlON CO., i!\C.
l'nm 2-1TH A \'E 'iF
'i.\I'I.FS. F1. :--1120.
(2J'lm2-5:15-1
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http://apps2.collicrgo v. n et/we bapps/v i s ioniC one ertlDetai I.aspx 0cert = 20 7 64
4116/2007
FROM : Ma y-5on
FRX NO. : 4555634
~gfB'~ ~em ~ 16G2
,::,pr. 13 200 . "'June f2. 2007
--'-- -. --Page 220t-3-3
May-Son Construction, Inc.
4760 Enterprise Ave. Unit # 406
Naples, FI. 34120
CBC-1250519
EstiInate
BlIITo:
Number E107
Date: April 12, 2007
Ship To:
Booker Resi de nee
2754 ShoreviC!\oo,' Dr\ 'Ve
Naple~, Fl.
Booker ResidencA
27~4 Sharevi0w DrJve
Ndples, Fl.
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I
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iDacriptlon
iRa15j;.il~ of' q~ade ~. t:Risting"CdrporL 1; grade ~;-hou~;:-
, .
Dui.ldi.ny of new carport "0:1: opO$i'[c ,gid~ (;f h(lUse
I"
-+
I
I
Amou~J
...... .::;: ;S~;~~
<::.' ~3, 900.00 t-'
( 750.00[
-~'~'~I
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New Laund:-:-y room '"
,
arPal
I
window n' 2" x 21 2 and 3/4" in frDnt; :)f~ house centered in ~ew bedroom
New BaLhr(lom
New ;::ooms to be "':Jup~lied wit;h standard grade. fixtures 1:l1a: wi], be agreed
npon by May-Son and owner~ as shown (}n pT1nt.
E.y.ter:~or Stucco
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Total i $64,550,001
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Conlractor Ccnification Detaill'agc
Agenda IterR~. Irll1;"2Z
June 12. 2007
Page 23 of 33
Collier Countv
--:t'LO'RIDA--- -'
Contractor Details
.t:! 50
MASONRY CONTR.
2UO!6
~/29/!999
ACTIVE
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1\1 A Y-SON CONSTiUiCTlON,
INL
22U 29T1l STREET S\\
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(23914:i5-I,634
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June 12. 2007
Page 26 of 33
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Agenda Item No. 16G2
_,June 12. 2007
Page 27 of 33
Home Depot Store 6348
1651 S AIRPORT PULLING
NAPL::S, FL 34112
(239)793-2203
DATE: 04/11:"2007
SALES ASSOCIATE:
PO# /4?::;C,9
ITEM
FRAME SIZE
LOCATION
Thank you for Shopping The Home Depot! We value your business!
QTY
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RO Size:::; 64 1:4" W x d1" H
= 63 112M W X 80 1/2" H
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Estimated Lead Tune
PRODUCT CODE
DESCRIPTION
MANUFACTURER - Fealher River
TOTAL
PRICE
UNIT PRICE
Unit Size Part Nurnb(~r: CG hi 1N 4
Product Category Entry Doors
J\,1dnufacturer: Feather River
I' Product Co.nfiguration: Single wl2 Sidelites
Slab Width' 36"
! Stab Height: 80R
Sidelitc Width: 12"
Unit Width: 63 1/2"
Unit Height: 80 1/2"
-kL-Rough op.enlng WIdth: 641/4" 7:
*' Rough Opefllng Height: 81H;4
RrickrnOUid: Yes(UnZlltached)
Brickmould I.Nidtll: 66"
8rickrnoulC Helg~it: 81 Ji~"
Finish: Prefinlshed r-..~edium Oak
DoOl Lite: Cra.ftsn::Jn
Product 51\'18: Cia::]!' Glass
Si(1elile Full Lite
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'~~ Jomo. 49,16 II.,'-i --" L- i
I SWing Rlgtll Hand(Hll1ge\ Outswmg
Sill: 8,rcJss Finish Sill
Peep Site ,\lo
Loch Prep Doub;c Bore
Deadt:;oll f)re:J Size: 2;,'8"'
Bockset: :: 3.'S"
Sku: 466::!~~1 S:U FEATHER RIVER FIBERGU\SS
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S 1.401.00 . 146100
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CUSTOMER:
Home Depot Store 6348
1651 S AiRPORT PULLING
NAPLES, FL 341~2
(239)793.2203
BOOKER.ERIC
2736 CULF\iii::'J'.' OR
SALES ASSOCIATE:
P.O.#:
NAPLES, FL-34112
(239).3849435
Thank you for shopping The Home Depotl We value your businessl
ITEM
FRAME SIZE
0001-------
LOCA nON
PRODUCT CODE
DESCRIPTION
MANUFACTURErr Aii'\e6can~-' ~
Craftsman
74" x 3B 3l4~
Frame Size::; 72~ W x 38 3/4" H
RO Size::: 72 1/2" W x 39 1/4" H
Sc"t? ':iJ. "q",,"is"
QUOTE #:
Estimated Lead Time
Manufacturer American CraftS!1\ofl
Building Application: New Construction
Installation: Special Order
Product Line: 2300
Product: Sliding Windo\;'.'s
Series: 2392
Product Type: Full Window
Product Configuration: 2 Panel Slider
Sizing Group: Custom
Frame Size Width: 72"
~ Frame Size Height: 38314"
, Rough Opening Width: 72 1/2"-A
'" Rough Opening Height 39 1/4" ~-
I Colm: White
, Glazing Option- Clear IG
; Tempered: No
Glass Strength: Double Strengttl Glass
Obscure: No
Ti:1t: None
Grille Type: None
Screen: Half Screen
Sheotrock: No
Extension Jamb: None
SKU: 1:iO,W3.' SiQ SERiES 2300-2110 'NINDOVi/S
(2392[72138.7"11110101200101011110101)
Catalog Version 3.2.0
Oasc Price 2392 White:
Double Strength Glass'
2392 V.,Ihite Screen
s
s
s
s
PRETAX TOTAL
Agenda Item No. 16G2
, June 12, 2007
Paqe 28.Df-33
---_.,;:;,..-"
DATE: 04/11/2007
UNIT PRICE
192,78
10.88
14.21
217.57
CTY
3
~
~ s
s
TOTAL
PRICE
'1-0
653.61
2.114.61
D. ;or'
rt 1Il1"
-G-
Quote
NAPLES l.UMBER & SUPPL Y co. INC
3828 RADIO ROAD
\T;!ht) r}~1r:::7:'
NAPLES, H 34104
Phone# (239~M3. 7000 fax;/;' (239H)'fJ-5lJ1-:7
~
Customer
Account #
Ct!STClMER
NAPLES
Aqenda Item No. 16G2
- June 12, 2007
Page 29 of 33
1-'.0.#
.Job # BOOKER RESfDENCE
.lob Addres... 2754 SHORE VIEW
NAPLES. FL
Saies Order #
Sales Persoll: N8Ilmn Phillips
CUST
Line #
Description
NAllLES. FL, 14104
Phonc# Fax#
Casement Series 740
Ordered;
3
De.\'cnmiow CASEMENT SERIES 740
(:nn/igllraflOw 24 W/GRY (illS/l DGK X 1.E
('I
DeaierVo{cs'
Size: : 37.ODW x 50.615H Isize code 24)
Frame Color: White
lnboard Glass Color' Clear
Size Type Tip-To-Tip
Outboard Glass Color: : Gray
Glass Type 5/16 Ann-HS Lami
Hinge' Left Hinge
Colomal Type: l),i/\ Grill KillTlat Har
V/l1ere IS colonial SASH
DP Calculated.' "lY_liU
!:-imge T~'Pe:
Colonial style
Screen Type
Certificalion#
Egress
. Standard Grid
18x 16 Charcoal
05.j IJ9.ll
.\.'e/1 Price
$782.60
Ex! Price
$2,347.79
Configuration (OSLI)': X
Interlaycr Color: Clear
(ita'>:> Type 5/16" Lami (liS Ann - .OL.lO
PYB - JIg FIS\
Handle 1 Hlt:' Standard Handle
(:01 Lllc~' . 1/\ x ID fixed/ 3A x 4D m'ih
DP Calculated -+ 49.90
2
Aluminum Mull Bsr & Mull Clips
Ordered:
3
Ucscnptnm.' MULL BARS
Conjiyuratwn: 37.:175 3-HJ WHITE I X 2 75 X .175
Dealer }';otes
Mull Type I x 2 3/4 x .375 Mull
Call sIze Heighl ,'i-Hl
Sdil'rlcg
$:;7.:;0
Exr Prrq'_
Sll1.90
Mull Color IJ.,'hllc
J
Aluminum Mull Bar & Mull Clips
Oroerrd:
J
DCM_Tl{ltlUn: MULl BARS
COI!(iguratlon.'
IX2"?S CI.TP PR
Dealer ,""ates
Custom Mult Size 0
Clip Angles & L:-Channcl 1:\ 2.75 x 373
Clip An~:d~
il)! "I
~i -~":C),'~' ~:~- S.
I, 'i. ',,-\
;ri,. ';'
,:) :::
<.: i.
.
.'lei! Fnce
$,1.22
f.'Xl Price
$1267
Set Yes
Quote Order #
Print Date
Pagclof2
1055020
4illt2007
4
Casement Series 740
Ordend :
Dt'scrrpJj,.n: CASEMENT SERIES 740
Cnn.f:gzrrallOn: 24 W/GRY GH51l DGK X RE
Draier Now..,:
Slze: _ 37.00W" 50.625fI (size code 24)
Frame Color: White
inboard CiJass Color" : Clear
Hinge: . Right Hinge
Colonial Type: : D/l\. Grill Kit/Flat Bar
Where is colonial: : SASH
DP CuJculated - . 49.90
CI
Size Type: Tlp-To-T1P
Outboard Glass Color: : Grny
Glass Type:: 5116 Ann-HS Lami
Hmge Type: . Egress
Colonial style: . Standard Grid
Screen Type- - 18xl6 Charcoal
Certificaliorr#' 05-1 !29.11
Agenda Item No. 1682
June 12.2007
D::l~C> 1n ("If ~1
3
Sell Price
$782.60
Ex!. Priff
$2.347.79
Configuration (OSU):. X
lmerlayer Color: Clear
Glas, Type:: 51l6" LatTII (1/8 Ann - .090
PYE - lI8 HS)
Handle Type: Standard Handle
Col Lites: : 1 A x 1 D fixed / 3A x 4D sash
UP Calculated + 49.90
Dealer'tem
Df!SCflptlon: INSTALLA DON
Oealer Noles:
Onlered :
Sell Price
$1.70000
Ex/. Price
$].700.00
TOTAL SALE AMOU~"T
$6,520.14
$ZlI9.21
/' 'S~';';5)
, /
'~---
TOTALCl!STOMER TAX
NF.T SALE AMOUl\'T
Quote Order #
Print Dale
Puge 20f2
l055020
4/1112007
11{J/~IA;r,11~~.1~~~
IIn/UI/VIfIi 31 of 33
GRANT AGREEMENT BETWEEN eRA AND OWNER
FOR SITE IMPROVEMENT FOR BA YSHORE/GATEW A Y TRIANGLE
REDEVELOPMENT AREA
If, 1.
THIS AGREEMENT ENTERED this tZ.. day of (J/)e. , ~ by and
between the Collier County Community Redevelopment Agency (hereinafter referred to as
"CRA") and Eric Booker (hereinafter referred to as "Owner").
WIT N E SSE T H:
WHEREAS, in Collier County Ordinance No. 2002-38, the Board of County
Commissioners delegated authority to the CRA to award and administer CRA grants including
contracts with owners for CRA grdOts; and
WHEREAS, Owner has applied for a site improvement grant in the amount of $8.000
!lollars; and
WHEREAS, the CRA has determined that Owner meets the eligibility requirements and
was approved for a grant award in thc amount of $8.000 dollars on June 12, 2007 ("CRA
Approval"), which is 21% of the costs to construct the site improvements.
NOW, THEREFORE, in consideration of the mutual covenants contained herein and
other valuable consideration, the parties agree as follows:
I, Owner acknowledges to the CRA that Owner has received a copy of the Collier
County Community Site Improvement Grant Program (hereinafter referred to as "Grant
Program"), that Owner has read the Grant Program, and that Owner has had ample opportunity
to discuss the Grant Program with Owner's counselor advisor. Owner further acknowledges to
the CRA that Owner understands and agrees to abide by all of the terms and conditions of the
Grant Program. Owner agrees to the terms and conditions of the Grant Program.
2. Owner is the record owner of property described as 2754 Shoreview Drive.
3. Owner has agreed to make certain improvements to the property pursuant to the
grant application submitted to the CRA dated April 13, 2007 attached hereto as Exhibit A and
incorporated herein by reference.
4. Owner agrees to complete the construction of the Site Improvements within one
(1) year of CRA Approval. Owner also agrees to fund at least 75% of the costs of the Site
Improvements.
FY2007 SIG Agreement
.
Agenda Item No. 16G2
June 12.2007
Page 32 of 33
5. CRA has approved a grant to Owner in the amOlmt of $8.000 to be administered
pursuant to the terms of this Agreement based on an estimated cost of $37.215.61. If the actual
costs are less than the estimated costs to construct the Site Improvements and less than $8.000,
the grant amount shall be reduced dollar for dollar in matching CRA funds as determined by
ratio of matching private funds required.
6. Unless prior disclosure is included in the grant application, no Owner, or any
immediate relative of Owner, shall serve as a contractor or subcontractor for the construction of
the Site Improvements and no Owner, or any immediate relative of Owner, shall receive
compensation for labor for the construction of the Site Improvements, An immediate relative of
Owner shall include mother, father, brother, sister, aunt, uncle and cousin or family member by
marriage to include mother-in-law, father-in-law, brother-in-law and sister-in-law,
7, Owner agrees to obtain all necessary permits and submit any required plans to the
County's Community Development and Environmental Services Division. Upon completion of
the work, Owner shall submit to the CRA staff a project summary report, two (2) 8 X 10 after
photos, a list of materials and construction techniques used, a list of architects and/or contractors,
and any other information specific to the project or requested by the CRA staff. The CRA,
through its staff, shall confirm that the Site Improvements were constructed pursuant to the terms
of the application approved by the CRA.
8, Within forty-five (45) days after confirmation that the Site Improvements were
constructed pursuant to the terms of the approved application, Owner shall be issued a check in
the amount of the grant. However, if Owner fails to makc the improvements pursuant to the
terms of the approved application, or if the project is not completed within one (I) year of CRA
approval, or if Owner fails to fund at least 75% of the cost of the Site Improvements, the grant
shaJl be deemed revoked and Owner shall be entitled to no funding,
9.
of Florida
This Agreement shall be governed and construed pursuant to the laws of the State
10. This Agreement contains the entire agreement of the parties and their
representatives and agents, and incorporates all prior understandings, whether oral or written.
No change, modification or amendment, or any representation, promise or condition, or any
waiver, to this Agreement shall be binding unless in writing and signed by a duly authorized
officer of the party to be charged.
I I. This Agreement is personal to Owner, and may not be assigned or transferred by
Owner or to Owner's respective heirs, personal representatives, successors or assigns without the
prior written consent of the CRA.
FY2007 SIG Agrecmcnl
2
Agenda Item No. 16G2
June 12. 2007
Page 33 of 33
IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year
first written above.
OWNER:
~~ (Ll
l)
I
By:!
(2)W~~
1> a.1l ~ ,t J d(j CQ ""-
Printedfryped Name
tr-(L GouLer-
PrintcdlTyped Name
ArrEST:
DWIGHT E, BROCK, Clerk
COLLIER COUNTY COMMUNITY
REDEVELOPMENT AGENCY
By:
DONNA FIALA, Chairman
, Deputy Clerk
Approved as to form and
legal sufficiency:
I1t.t~Aa ~-~
MllIj . Student-Stirling
Assistant County Attomey
FY2007 SIG Agreement
3
Date:
Item #
Agenda Item No. 16G3
June 12, 2007
Page 1 of 24
EXECUTIVE SUMMARY
Recommendation for the Community Redevelopment Agency to approve the purchase of a
residential (mobile home) lot and trailer in the Bayshore area of the CRA as part of a CRA
residential infill project; to approve payment from and authorize the CRA Chairman to
make a draw from the Bayshore Gateway Triangle CRA Wachovia Bank Line of Credit in
the amount of $90,000 plus cost and expenses to complete the sale of subject property; and
approve any and all necessary budget amendments. Site address: 3991 New Moon Court
($90,000).
OBJECTIVE: Recommendation for the Community Redevelopment Agency to approve the
purchase of a residential (mobile home) lot and trailer in the Bayshore area of the CRA as part of
a CRA residential infill project; to approve payment from and authorize the CRA Chairman to
make a draw from the Bayshore Gateway Triangle CRA Waehovia Bank Line of Credit in the
amount of $90,000 plus cost and expenses to complete the sale of subject property; and approve
any and all necessary budget amendments. Site address: 3991 New Moon Court.
BACKGROUND: Florida Statute 163.358 - "Exercise powers in carrying out community
redevelopment and related activities" - gives the CRA power to acquire property.
Florida Statute 163.370 - "Powers; counties and municipalities, community redevelopment
agencies" - delineates other powers necessary to carry out the purchase of property.
BCC RESOLUTION No. 2000-82 made a 'finding that a blighted area exists' in the Bayshore
Gateway Triangle area and that 'conditions are present in the Area that are detrimental to the
sound growth of the county and which substantially impair or arrest the growth within the Area,
and present conditions and uses in the Area are detrimental to the public health, safety, morals
and public welfare....'
BCC RESOLUTION No. 2000-181 adopted a community redevelopment plan to correct
deficiencies. The applicable Redevelopment Master Plan sections cite:
1. Neighborhood Focus Program
o Acquisition of vacant and dilapidated sites (page IX-6)
o Demolish dilapidated and unsound buildings (page IV-20)
2. Bayshore Neighborhood Focus Initiative (Nfl):
o Bayshore Drive consists of several residential streets and loops extending from
both sides of Bayshore Drive. As a neighborhood it is defined by and will take its
character from the improvernents planned for Bayshore Drive. The potential
catalytic effect of the Bayshore Drive Landscape program should be
supplemented by Nfl activities as presented on Illustration IX- 1 4 (Exhibit A):
. Site acquisition and infill housing (Illustration IX-14)
. New multifamily housing (Illustration IX-14)
. New single family housing (Illustration IX-14)
-
1
Date:
Item #
Agenda Item No. 16G3
June 12, 2007
Page 2 of 24
CONSIDERATIONS: As cited in the Bayshore Gateway Triangle Master Plan, there is a
provision for the creation of CRA programs to remove substandard or blighted homes or acquire
vacant lots and facilitate the construction of new housing that meets Collier County codes.
Working with the Local CRA Advisory Board, CRA staff identified stressed locations that had
high crime rates or multiple Code Enforcement problems and blighted neighborhoods where
substandard or aged housing existed. Following the example of other CRAs throughout the state
of Florida, a local program was developed for an older Bayshore Drive neighborhood zoned
mobile home. The Neighborhood Focus Initiative program objectives are:
1. To acquire mobile home lots (with or without trailers) from willing sellers,
2. Demolish existing structures,
3. Prepare the site for new construction,
4. Advertise to the private sector a Request for Proposals (RFP) for each lot,
5. Provide selected floor plans that meet the Bayshore Overlay Design Guidelines,
6. Select qualified builders to construct new housing that meets code,
7. Offer builder incentives, if necessary,
8. Market new housing at workforce or gap priced housing,
9. Require new housing to be deed restricted as owner-occupied housing.
CRA had discussions with Mr. Robert T. Morgan and Frances Morgan, husband and wife
pertaining to property they own within the Bayshore area and their desire to sell their property to
the CRA. The CRA commissioned the Real Estate Services Department to appraise the mobile
horne site (located in a blighted area the CRA has been focusing on for residential-infill) to
determine the value of the sites they wanted to sell.
On April 27, 2007, Mr. & Mrs. Morgan offered to sell the CRA a mobile home lot and trailer
located at 3991 New Moon Court, for $90,000.00, which is the appraised value of property as
determined in an appraisal obtained by the CRA dated May 7, 2007 valuing the site at
$90,000.00.
This offer was accepted by the Executive Director, contingent upon CRA Board approval. and
presented to the Bayshore Gateway Triangle CRA Local Advisory Board. The Local Advisory
Board unanimously accepted the proposal to purchase and recommended to the CRA Board to
authorize the purchase of subject property as part of the Neighborhood Focus Initiative.
It is in the best interest of Collier County, and in particular of the residents of the Bayshore area,
for the CRA to acquire this property, construct new housing and resell the residence as work
force/gap housing. Presently the Land Development Code allows an owner of a mobile home
zoned lot to install a replacement mobile home unit. Replacing rnobile hornes with new
construction assists in the implementation of the Bayshore Gateway Triangle CRA Master Plan's
Neighborhood Initiative, increases the residents' quality of life and constructs a higher quality
home within the Coastal High Hazard Area (CHHA).
2
Date:
Item #
Agenda Item No. 16G3
June 12, 2007
Page 3 of 24
Therefore, the CRA Local Advisory Board recommends the CRA Board approve the purchase of
the subject property with CRA Wachovia Bank Line of Credit funds (to be repaid with CRA Tax
Incremental Finance (TIF) revenues) as part of a residential infill project removing mobile
homes and replacing them with a foundation home built to current building codes and resold as
an owner-occupied workforce/gap housing unit.
FISCAL IMPACT: Funds in the amount of $90,000 plus cost and expenses to complete the sale
of subject property (title insurance, attorney's fee, closing services and recording fees) are
available in the Bayshore Gateway Triangle CRA Wachovia Line of Credit. A budget
amendment is needed to recognize the draw on the CRA line of credit and expenditure for the
purchase of subject property. Source of all funds are Fund 187 tax incremental finance revenues.
Wachovia $7M Line Of Credit Summary
Purchase Seller Date Address Amount
$7,000,000.00
17 acres Ellet Aun6. 2006 None-B~hore Drive -4,566.000.00
MH Lot-Trailer Stubli A,;ril 30. 2007 3148 Van Buren Ave -89.000.00
MH Lot-Trailer Odierna MiW3. 2007 None-Van Buren Ave -81.000.00
MH Lot-Vacant Owens M1W15.2007 4048 Full Moon Ct -90.000.00
MH Lot-Vacant Uzupes M1W15.2007 3252 Lunar St. -90.000.00
SUB TOTAL + $2,084.000.00
MH Lot-Vacant Mansur/Black 3979 Harvest Court -114.500.00
MH LotNacant Mansur/Black 3991 Harvest Court -110.250.00
MH Lot-Vacant Mansur/Black 4005 Harvest Court -110.250.00
MH Lot-Trailer Mansur/Black 3032 Van Buren Ave -90,000.00
MH Lot Mo-;:;:;-ans 3991 New Moon Court -90.000.00
MH Lot MC;;:;-ans 3962 Harvest Court -90,000.00
TOTAL + $1,479,000.00
GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of the
Growth Management Plan states that redevelopment plans may be developed for specific areas
within the County, including the Bayshore Gateway Triangle CRA. This property is a part of a
targeted Neighborhood Focus Initiative and this purchase is consistent with the Bayshore
Gateway Triangle Redevelopment Plan as documented in Exhibit A.
RECOMMENDATION: That the Collier County Community Redevelopment Agency:
1. Approve the attached Purchase Agreement;
2. Authorize the CRA Chairman to execute same on behalf of the Board;
3. Authorize the CRA Chairman to make payment of all costs and expenses necessary to
close the transaction from the CRA Wachovia Line of Credit;
4. Accept the conveyance of the property via Warranty Deed [md authorize the Executive
Director or Assistant County Attorney to record same in the public records of Collier
County, Florida; and
5. Approve any and all budget amendments required.
Prepared by:
Jean Jourdan on May 24, 2007
Project Manager, Bayshore Gateway Triangle Community Redevelopment Agency
3
Item Number:
Item Summary:
Meeting Date:
Page 1 of 1
Agenda Item No" 16G3
June 12, 2007
Page 4 of 24
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16G3
Recommendation for the Community Redevelopment Agency to approve the purchase of a
residential (mobile home) lot and trailer in the Bayshore area of the CRA as part of a eRA
residential inM project; to approve payment trom and authorize the CRA Chairman to make a
draw from the Bayshore Gateway Triangle CRA Wachovia Bank Line of Credit in the amount
of S90,OOO plus cost and expenses to complete the sale of subject prcpeny: and approve any
and all necessary budgel amendments Site address 3991 New Moor Court (590000)
6112120079;OO:OOl,M
Project Manager
DM.
Prepared By
Jean Jourdan
Community Redevelopment
Agency
Bayshore-Gateway Redevelopment
S/JO/20079;1735AM
Project Manager
Date
Approved By
Jean Jourdlln
Community Redevelopment
Agency
Bayshore-Gateway Redevelopment
5/30/20079:15 AM
DavId Jackson
EJo:ecutlveDirector
Date
Approved By
Community Redevelopment
Agency
Bayshore.Galeway Redevelopment
5130/200710:10AM
Approved By
Dale
OMBCoordinator
County Manager's Office
OMBCoordinalor
Office of Management & Budget
6/1120079;44AM
Mark Isackson
Budget Analyst
Date
Approved By
County Manager's Office
Office of Management & Budget
6/4120075:18PM
Approved By
James V" Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
6/4/20076:59 PM
filf'" /lr-\AopnrhlTp<:t\Fvnnrt\R.:l._ I'lnPO;':' ?fll? oln ?fl?flO7l1 A 0;':' ?Ornt-..lO;;:j::1o,.ITo;,:, 'm!J.. r.--':;"1o,.m A \ 1 Ar.-
f../f..nnn7
Agenda Item No. 16G3
June 12, 2007
Page 5 of 24
SUBJECT PROPERTY PHOTOGRAPH ADDENDUM
FILE 0047
3991 NEW MOON CT
NAPLES, FL 341 J2
SUBJECT
.". STREET V1EW
FileNo
"""- COLLIER COUNTY I BUYER Cenl\l,l,rac::t 107.01 """- 5A14
:,;.. PropmyAddrus 399J NEW MOON CT
"" NAPLES COllQry COLLIER S~<e FL 2ipU>dc 34112
LeplDe~~ LAKE KELLY UNIT 2 LOT 43 TAX ID#5J351480009
S.1ePri;"S 90,000 D&leofSaIe 4/2007 LoMlTo"" NA ... PrOpmyRigbtoApprai"'ll LX.iF.. Uleosehald -ue Minimis PUD
,.~AaualRWENIO'IWli$ _-M(yr,) LoIIldwgeiwtH:paidbyselJer NIA Other...l..eollCe>>ions~_.
,i-: Lmd...ICJieat COLLIER COUNTY GOVERNMENT "'... 3301 E TAMIAMI TRAIL NAPLES FL 341]2
,~ ROBERT MORGAN .. ROOSEVELTLEONARDln'~ io~'n
" roi, ESTIMATED F fR MARKET VALUE
.:Locatioa Xo""" s...... i- ,... "'"' , ,f!!! P~
::::..BulItUp X Ovcr7S% 25~1tl7S% i- Under2S% ~La)'llllIll.Sw.iliIy IX I- P
Om..... DFuJlyDev, R..opid X Stc&liy i- S\o... Com,...i=toEmpioymeot LX l- f-
,. "-'''' :f-"' X,"", I- Dc<liniq: Convcm...""toShoppiDl f- X I-
;:0c0wIdISupp1y ""- ~InB.w,,* I- Ovt:rSupply Co:aYC1li""""taSclJool. IX I-
Mark"''''ITimo Uudet~ MOl. Lx 4-6 Moo. 70ver6Mo.. Adeq'IIacylaJ\lblic,ranspartaboD IX f-
'-' ..2i..-%lfunilY_%2-4Family_%AptI. _%Cornlo.L%CoIl'lmer<i.l Rccrm(ionalFaciliti.. f- f!'
LandU... %Jndusttial 2 %Vocaal " AdeqlJlcyllfUlili1ies :X f-
-
'ClIans<:..P,.,......r.-dUse [X]N<XLil<ely ULikely U,alciDgP1={O) PraIJ<flY('.(Impanb;lit,y i.X f-
{')From " ProlOolicmfr1>mDtnimentalC"uditiom l- X
J>red"""'-tOo;a.paacy IXJ- UTonw _%V&l:IllI Pnlia:andfire P,otcctiaa X
;(SillpFlrllilyrmlUnsc , ]50 ",$ 250 I'redominanl ValLIe $ 125 Gencn.IAppearuceofProp<nies I- :l' I-
:'SiDlkF&mIly"",,, lL.-Y"-'" ~~ l'ro:<lomillllllAJIf' 20 ~ X
: Com1ltaIl iDclwIing tMse flCt<l~ ra'o'<JT>bk 0< IIDfnonble. arrC'Clillt1l'Wkeulllili~ (o.g, public par\<&. scbook. view. lIOise) THE SUBJECT PROPERlY IS LOCATED CLose
-- TO PARKS RETAIL SHOPPING. AND THE GOVERNMENT CENTER. NEWER HOUSING PUD WITHIN TWO MILES AND --
_ COMMERCIAL
" REINVESTMENT THROUGH OUT THE MARKET AREA.
~ Oimm<iau 40.58X98 - 3976.84 UC"",erlai
";'Zoo.."Clasoilicalioa RESIDENTIAL! MH.RJ P,eoemlmp""'CD1I!JIlI lxJno UDo NOl CoIlfOmllO Zoowg RC8\JIatitm.
-;Higb"laa::lBestv.., ~Pn:r.W1UiC I OO...I,..ifvl
'IIbK Oth.::r(Dc:,cribo) OFF SITE IMPROVEMENTS '- SLIGHTLY ELEVATED ..--
';~: Ek ~ So-mAddreR: [Xlp""l'" LPriva<Q '''' TYPICAL FO~ THE AREA
1'10.. ''"'= ASPHALT 50", RECT
~w~, Ix "'rxf" ~i'ri1~ LJo;... Vi_ RESIDENTIAL -
"s.a.Soe-. X UndeJgrolllll!EIKATel XS'ormSewo:r IXDtrbl~ DroinaJlf' APPE_~ TO BE ADEQ
idewl fx _I.io+m: ), lbepro!l<="Y locaLad iDa HUD hleoufL.d Special Flood Hazard Azu.? lxJNo LlyCl
Colm1etlbifa""rablo or llI1favonblo including coy .ppvctl, od"",.. ea..m:m,.ClI~ fir other ,,"v...e ""OO;.i"".) NO SURVEY IS AVAILABLE AT THF TIME OF
<_THIS APPRAISAL HOWEVER. THERE APPEARS TO BE NO ADVERSE EASEMENTS. OR ENCROACHMENTS OTHER THAN TYPICAL
.,~ UTILITY EASEMENTS.
-,
The '.::nlenia:ncd Iw rec.led Ill". '=n!.....5 "rpr<>ponie< ""'51 ,imilar ond pro.ima..!O tlI.l;1lbje<uIld has Ia be ooo.idered thI::;e in lIlU!'Illf]at &nol~io_ The dcocrtpfion iIldudeHdal1ar
;';adjtdrmem."'fI<trios.......ct'eaaiaul"lhu.eilOrnlaf.ipir>conl.ariationbe..."...th..ubjedand~blcpropcnin.lr.'igtliftc.Olllileroin tlI. comparabk property;'
.uperior In. <X ""'.. f'YOnblctll""'~bjec<propcrty.uqin...(.)adj=i.made, thlll",docmlllheindicared val.. ofm..ubj=: if..iyti(lCaIl1 ire111;"W"""JP&tablei.c
, ~ ...
HEM Sub'c:ctP","""" COMPARABLENQ.l COMPARABLENQ,2 CaMP ARABLE NO.3
^""'~ 3991 NEW MOON CT 3252 LUNAR ST 3061 BARREIT AVE 300 I KAREN DR
:., NAPLES FL 34112 ~APL~ES_F1, NAPLES PL NAPLES FL ---
Pro~imif '!OS . 3 BLOCKS WEST 3 BLOCKS NORTH 1/2 MILE SOUTH
SajelPricc , 9000 c,:;".,." 75000 .- I, J30qoO ::-::::--:::C:ls 100000
l'riceSIS,FI L 22.63 , 0 , 0 , 0
~.'""'"' - TAX 10#29430320001 TAX 10#(14510320009 TAX 10#6] 8394000 1
~~lOafs.IC.nd DE-<;rRlrTION nF~rR'''TlnN . (.\i\diuslmo:rJl DESq~JPTION .. -, 0 pTlON . - Ad'USfmeftl
T"""i\d;"'......... /2007 7/2006 412006 )12006
"""~ A YSHORE AREA BA YSHORE ~A YSHORE RA YSHORE -]0000
~.SileNiew MOBILE HM ! RES MOBILE HMI RE .. V AC RES! RES -2fiOOO MOBILE HM fRE
~ LOT SIZE Q.09ACRE 0.24 ACRE O.16ACgg 0.19 ACRE
~ ~MBURED NCUMBURED SITE PARTIALLY CL CLEARED -20000 ENCl1MBT1IHT'l
UTILITIES UTILITIES A V AILAB A V AILABLE AVAILABLE AVAILABLE
:'Sooorfinmcina ~ASH CASH CASH CASH
'~C-.i",.. !pl...IXIMm",
..Ad', .~ ;,,' Po. 0 X Mill"" -40000 -10000
.11IdicaledValue [> . ":c-,-/i !.; .......',;'>.1, 75.0[)( """';",.{.,..' '/"/.1
90000 90000
1~4 Commc:nIS00 Markc'lDala: FLOOD ZONp AE 12006705820 DATED 11I1712005 THE SUBJECT PROPERTY IS LOCATED S OF TAMIAMI TRL
'~f E AND E OF BA YSHORE DR -..
I:C_andCondltionoofApprai..l: ESTIMATED VALUE IS "AS IS" NO ADJUSTMENTS MADE FOR MARKET TIME DUE TO CURRENT
.. M~J CONDITIONS ALL MARKET DATA CONSIDERED BEST A V AILABLE
NO V ALOE GIVEN TO MOBILE HOME DUE TO CONDITION AGE AND TERMS OF THE AGREEMENT
Fina1~~: ALL MARKET ACTIVITY fNCLUDlNG ACTIVE LISTING AND CLOSED SALES ARE TAKEN INTO CONSIDERAJI0N
ADJUSTMENTS ARE GIVEN A CON1J~.lBUTORY VALUE.
I ESTIMATE ~MARKf:T~~EFlNE.D,OFSUBJECTPRO'E!l.TY AS OF MAY7,2007 'obe~ 90.000
_.' ....r~_.~..u
'1 Amnisetl.\ ROOSEVELT LEONARD RQYi....,A""!!~.,,,licabl~l UDid UDiodNot PbysicallyWl><etI'rapeny
.-:!
.. nalOROi>Ot1Sil!b<d MAY 7 2007 Dale ReoartSimod
~;' StmC..mifica1io.f RD.003287 s....FL Slat. C'cnification ~ SIIIO
arS'lIteLio:::tnset '= D,SII", licen.. ~ ~
fOllllFW-6S t2lll2 'Pcrvvere:lBy _u .
LAND APPRAISAL REPORT
Agenda Item No. 1683
June 12, 2007
Page 6 of 24
0047
COMPARABLESPHOTOGRAPHADOENOUM
Agenda Item No. 16G3
June 12, 2007
Page 7 of 24
0047
Borrower COLLIER CQlfl\jTY / BUYER
Property Address 399] NEW MOON CT
Ci,y NAPLES County COLLIER
LenderfOienl COLLIER COUNTY GOVERNMENT
Sl.3te FL
Zip Code 34] 12
COMPARABLE SALE # I
3252 LUNAR ST
NAPLES FL
Dale of Sale:
Sa1ePrice
Sq.FI.
$/Sq,Fl.
712006
75,000
o
COMPARABLE SALE # 2
3061 BARRETT AVE
NAPLES FL
Date of Sale .
Sale Price
Sq,fl.
$/Sq.Ft
412006
130,000
o
COMPARABLE SALE # 3
3001 KAREN DR
NAPLES FL
Dale of Sale
Sale Price
Sq,Ft.
$/Sq,FI.
3/2006
]00,000
o
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Agenda Item No
June 12 16G3
Page ,2007
90f24
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EXHIBIT "A"
LOT 43, LAKE KELLY. UNIT 2, ACCORDING TO THE PLAT THEREOF, OF RECORD IN
PLAT BOOK 3, PAGE 93, OF THE PUBLIC RECORDS OF COLLIER COUTNY,
FLORIDA.
FOLIO #53351480009
10
=::r.- 4?' IW. rI/
"\J,,"da Item No. 1683
June 12, 2007
Page 10 of 24
AGREEMENT FOR SALE AND PURCHASE
(FOR RESIDENTIAL LOTS FOR CRA WITH MOBILE HOMES)
(WHERE MOBILE HOME WILL BE REMOVED)
THIS AGREEMENT is made and entered Into by and between Robert T. Morgan Bod
Frances MOl'Qln, husband and wife (hereinafter referred to as .Sellerj, Bnd Collier
County Community Redevebpment Agency, (heremafter referred to as "Purchaselj.
WITNESSETH
WHEREAS, Seiter owna: certain improved property kK:a1ed at 39t1 New Moon Court,
Naples, Florida, and more particularty described 8S Exhibit -A- which is incorporated
herein by reference, together with all buDdings, structure. including mobile homes and
improvements, fIXtures. built-in appliances, refrigerate,.., stove. dishwasher, washer. dryer,
ceiling fans, floor coverings and window treatmoncs (herulnafter refemtd to 811 .Property"),
and the personal property, if any, as Dated on the attached Exhibit -A-, free from liens;
WHEREAS, Pun:::haser is desirous of purchasing the Property, subject to the condJ1ions
and other agreements hereinafter set forth, and Seller Is agreeable to $uch sale and to
such conditions and agreements.
NOW, THEREFORE, and for and in consideration of the premises and the respectilte
undertakings of the parties hereinafter set forth and thII sum of Ten Dollars ($10.00), the
receipt and sufficiency of which is hereby mutuaRy acknowledged, it is agreed 88 foI6cws:
I. AGREf:MENT
1,01 In consideration of the purchase price and upon the tenns and conditions
hereinafter set forth, Seller shall sell to Purt:haser and Purchaser ahal purchase from
Seller the Property, deacrbed in Exhibit MAM,
1.02 Seiler's offer to sell the Property as represented by this Agreement will remain
in effect without revocation until 5:00 p.m. on Apn127, 2007.
II. PAYMENT OF PURCHASE PRICE
2.01 The pUrchase price (tha MPurchase PriceM) for the Property shall be Ninety
Thouaand Oollana ($80,000), U.S. Currency payable at time of closing.
III. CLOSING
3.01 The Ck";"g (THE "CLOSING DATE", "DATE OF CLOSING". OR "CLOSING")
of the transaction shall be hekt on or before Auguat 27. 2007, following execution of
this Agreement by the Purchaser, unless extended by mutual written agreement of
the parties hereto. The Closing shaY be held at the Collier County Attorney's Office,
AdminIStration Building, 3301 Tamiami Trail East, Napfes, AOfida. The procedure to
be followed by the parties in connection with the Closing Shall be as follows:
3.011 Sener shaU con....ey 8 marketable title free of any liens, encumbrances.
exceptlona, or qualifications. Marketable title shall be detennlned according ,to
applicable title standards adopted by the Florida Bar and in accordance with
law. At the Closing, the Se~er shan cause to be delivered to the Purchaser the
items specified herem and the following documents and instnJments dUty
executed and acknowledged, in recordable form:
3.0111 Warranty Deed in favor of Purchaser conveying title to the Property,
free and clear of aU liens and encumbrances other than:
(a) The tien for current taxes and assessments,
(b) Such other easements, restrictions or conditioll$ of record,
1n/Il,1au,.,_
...,-EJ!J- v.- Rd{M
,
A~""da Item No. 16G3
June 12, 2007
Page 11 of 24
Agenda Item No. 16G3
June 12, 2007
Page 12 of 24
0047
The deflqitinIl of market value in this report: The most probable price which a property should bring in a competitive and
o~ ~arket under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the
price IS not affected by undue stImulus. Implicit In this defmition is the Consummatlon ofa sale as ofa specified date and the passing
~fthlS title from seller to buyer under conditions whereby: (I) buyer and seHer are typically motivated; (2) both parties are wet!
mfonned or well adVised, and each acting in what he considers his own best interest; (3) a reasonable time is allowed for exposure in
the open :narket; (4) payment is made in terms of cash in UB. dollars or in terms offinanciaJ arrangements comparable lhereto; and
(5) the pnce represents the nonnal considerations for the property sold unaffected by special or creative financing or sales
concessions. granted by anyone associated with the sale.
~"Adjustments to the comparabJes must be made for special or creative financing or sales concessions. No adjustments are necessary
fur those costs whlch are normally paId by the seller as a result of tradition or law in a market area; these costs are readily identifiable
since the seller pays these costs in virtually all sales transactions, Special or creative financing adjustments can be made to the
comparable property by comparisons to financing terms offered by a third party institutional lender that is not already involved in the
property or transaction. Any adjustments should not be calculated on a mechanical dollar for dollar cost of the financing or concession
hut the dollar amount of any adjustment should approximate the market's reaction to the financing OT concessions based on the
Appraiser's j udgement. ~
The foregone definition was taken directly from the Statement of Limiting Conditions form (FHLMC form 439 or FNMA form
1000B, both dated 6/93).
STATEMENT OF LIMITING CONDITIONS
The appraiser's certification that appears in the report is subject to the following conditions:
I. The appraiser will not be responsible for matters ofa legal nature that affect either the property appraised or the title to it. The
appraiser assumes that the title is good and marketable and, therefore, will not render any opinions about the title. The property
is appraised on the basis of it being under responsible ownership.
2. The appraiser has previously provided any required sketches in the ORIGINAL APPRAISAL REPORT to show the approximate
dimensions ofthe improvements and the sketch is referenced only to assist the reader of the reports in visualizing the property
and understanding the appraiser's determination of its size.
3. The appraiser will not give testimony or appear in COUrt because helshe made an appraisal of the property in question, unless
specific arrangements to do so have hecn made beforehand.
4. The appraiser has noted in the ORIGINAL APPRAISAL REPORT any adverse conditions (such as, but not limited to, needed
repairs, the presence of hazardous wa.<;tes, toxic substances, etc.) observed during the inspection oflhe subject property or that
he/she became aware of during the nonnal research involved in performing the appraisal. Unless otherwise stated in the report,
the appraiser has no knowledge of any hidden or unapparent conditions of the properly or adverse environmental conditions
(including the presence of hazardous wastes, toxic substances, etc.) that would make the property more or less valuable, and has
assumed that there are no such conditions and makes no guarantees or warranties, expressed or implied, regarding the condition
of the property, The appraiser will not be responsible for any such conditions that do exist or for any engineering or testing that
might be required to discover whether such conditions exist. Because the appraiser is not an expen in the field of environmental
hazards, the appr.lisal report must not he considered as an environmental assessment oftne property.
5. The appraiser obtained the information, estimates, and opinions that were expressed in the reports from sources that helshe
considers to be relil:lble and believes them to be true and correct. The appraiser does not assume responsibility for the accuracy
of such items that were furnished by other parties
6. The appraiser will not disclose the contents of the report, except as provided fOf in the UnifOrm Standards of ProfessiOnal
Appraisal Practice (USPAP).
7. The appraiser musl provide hisfher prior written consent before the lender/client specified in the reports can distribute the repom
(including the conclusions about the property value, the appraiser's identity and professional designations and references to any
professional appraisal organizations or the firm with which the appraiser is associated) to anyone other than the borrower; the
mortgagee or its successors and assigns; the mortgage insurer; consultants; professional appraisal organizations; any state or
federally approved financial institution; or any department, agency, or instrumentality ofthe United States or any state or the
District of Columbia; except that the lender may distribute the report to data collection Dr reporting services without having to
obtain the appraiser's prior written consent. The appraiser's written consent and approval must also be obtained before the
reports can be conveyed by anyone to the public through advertising, public relations, news, sales or other media.
8. The appraiser has based hisJher reports and valuation conclusions for any appraisal that is subject to completion per plans and
specifications on the basis of a hypothetical condition that the improvements have been completed.
9. The appraiser has based hislher reports and valuation conclusions for an appraisal that is ~ubject to com?letion, repairs or
alterations on the assumption that the completion of the improvements will be performed In a workmanhke manner.
Agenda Item No. 16G3
June 12, 2007
Page 13 of 24
APPRAISER CERTIFICATION
File#: 0047
APPRAISER'S CERTIfiCATION: The Appraiser certifies and agrees that:
1. J have researched the subject market area and have selected 1I. minimum ofthrce recenT sales of properties most similar and
proximate 10 (he subject propert)' for consideration in the sales comparison analysis and bave made a dollar adjustment when
appropriate to reflect the market reaction to those items of significant variation, If a significant item in a comparable property
is superior to, or more favorable than, the subject property, I have made a negative adjumncnt to reduce the adjusted sales price
uflne comparable and, if a sigtlificanr item in a comparable property is inferior to, or less favorable than, the subject property,
I have made a positive adjustment to increase the arljusted sales price ufIhe comparable.
2. I have taken inlo consideration the factoT"S that have an impact on value in my development of the estimate of market value in
the appraisal report. I have not knowingly witheld any significant infonnarion from the apprni&al report and I believe, to the
best of my knowledge, that all statements and information in the appraisal report are nue and correct.
3. I stated in the appraisal report only my perronal, unbiased, and professional analysis, opinions, and conclusions, which are
subject only to the contingrnt and limiting conditions specified in this form.
4. I have no present or prospecti\'e interest in the property thaI is the subject of this repon. and 1 have no present or
prospective personal interest or bias with respect to the participants in the transaction. ] did not base, either partially or
completely, my analysis and/or the estimate of market value in the appraisal report on the race, color, religion, sex, handicap,
familial status, or national origin of either the prospective owners or occupants of the subject propeny or of the present owners
or occupants of the properties in the vicinity of the subject property.
5_ I have no present or contemplated future interest in the subject property, and neiUler my current or future employment nor my
compensation forpcrfonning this appraisal is contingent on lhe appraised value of the property.
6. I was not required 10 rq>Ort a predetermined value or direction ill value that favors the cause of the client or anyrelaled
party, the amount of the value estimate, the anainment ofa specific result, or the occurence ofa subsequent event in order to
receive my compensation and/or employment for performing the appraisaL] did not base the appraisal report on a requested
minimum valWltion, a specific valuation, or the need to approve a specific mot1gage loan.
7. I performed this appraisal in conformity with the Unifonn Standards of Professional Appraisal Practice that were adopted and
promulgated by the Appraisal Standards Board of The Appraisa] Foundation and that were in place as of the effective date of this
appraisal, with the exception of the departure provision of those Standards, which does not apply. 1 acknowledge that an estimate
ofa reasonable time for exposure in the open market is a conditioD in the definition of market value and the estimate] developed
is consistent with the marketing time nOled in the neighborhood section of this report. unIes, I huve otherwise slared in the
reconciliation section.
g. 1 have personally inspected the interior and exterior areas of the subject property and the exlerior of aU properties listed as
compar"bles in the appraisal rq>Ort. I further cmify that I have noted llny apparent or known adverse conditions in the subject
improvements, on the subject site, or on any site within the immediate vicinity of the subject property of which I am aware and
have made adjustments for these adverse wnditions in my analysis of the property value to the extent that I had market evidence
to support them. I have also commented about the effect of the adverse conditions on the marketability of the subject property.
9. I personally pr::pared all conclusions and opinions about the real estate that were sct fonh in thc appraisal report. If I
relied on significant professional assistance from any individual or individual{s) in the performance of the appraisal or the
pr~aration orlhe appraisal report, I have named such individual(s) and disclosed the speclfic tasks pITformcd by them in the
reconciliation section of this appraisal report I certify that any individual so named is qualified to perform the tasks. I have
not authorized anyone to make change to any itcm in the report~ therefore, ifan unauthorized change is made to the appraisal
repon, I will take no TeSponsibility for it.
SUPERVISORY APPRAISER'S CERTlFICATI01'": If a supervisol)' appraiser sit,'ned the appraisal report.. he or she
certifies and agrees that: I directly supervise the appraiser who prepared the appraisal repot1, bave reviewed the appraisal report,
agree with the statements and conclUSions of the appraiser, agree to be bound by the appraiser', certifications numbered 4 through
7 above, and am taking full responsibility for the appraisal and the appraisal report.
ADDRESS OF PROPERTY APPRAISED:
3991 NEW MOON cr
NAPLES
APPRAISER:
FL 34]12
SUPERVISORY APPRAISER (only if required)'
Signlllure: ~./c'"/.-..J! .{:~<>4:.o.(.
Name: ROOSEVf.LT LEON~RD
Date Signed: MA Y 7 2007
State Certification #: RD-003287
or State License#:
ElI.pir-ation Dale of Cenificatioll or License:
FL
Signature:
Name:
Date Signed:
stateCertification#:
or State License#: ____
E_~iration Date of Cenification or License:
1__JDid UOid Not Inspect property
11/30'.29~~
Freddie Mac Form 439 6-93
P;;2of2
Fannie Mae Form 1004B 6--93
I'
AGREEMENT FOR SALE AND PURCHASE
(FOR RESIDENTIAL LOTS FOR CRA WITH MOBILE HOMES)
(WHERE MOBILE HOME WILL BE REMOVED)
Agenda Item No. 1683
June 12, 2007
Page 14 of 24
THIS AGREEMENT is made and entered into this day of , 2007 by
and between Robert T. Morgan and Frances Morgan, husband and wife (hereinafter
referred to as "Seller"). and Collier County Community Redevelopment Agency
(hereinafter referred to as "Purchaser"). '
WITNESSETH
WHEREAS, Seller owns certain improved property located at 3991 New Moon Court,
Naples, Florida. and more particularly described as Exhibit "A" which is incorporated
herein by reference, together with all buildings, structures including mobile homes and
improvements, fixtures, built-in appliances, refrigerators, stove, dishwasher, washer, dryer,
ceiling fans, floor coverings and window treatments (hereinafter referred to as "Property"),
and the personal property, if any, as listed on the attached Exhibit "A", free from liens;
WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions
and other agreements hereinafter set forth, and Seller is agreeable to such sale and to
such conditions and agreements.
NOW, THEREFORE, and for and in consideration of the premises and the respective
undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the
receipt and suffiCiency of which is hereby mutually acknowledged, it is agreed as follows:
I. AGREEMENT
1.01 In consideration of the purchase price and upon the terms and cond~ions
hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from
Seller the Property. described in Exhibit "A".
1.02 Seller's offer to sell the Property as represented by this Agreement will remain
in effect without revocation until 5:00 p.m. on June 14, 2007.
II. PAYMENT OF PURCHASE PRICE
201 The purchase price (the "Purchase Price") for the Property shall be Ninety
Thousand Dollars (S90,000), US. Currency payable at time of closing.
III. CLOSING
3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING")
of the transaction shall be held on or before August 27, 2007, following execution of
this Agreement by the Purchaser. unless extended by mutual written agreement of
the parties hereto. The Closing shall be held at the Collier County Attorney's Office.
Administration Building. 3301 Tamiami Trail East, Naples, Florida. The procedure to
be followed by the parties in connection with the Closing shall be as follows:
3,011 Seller shall convey a marketable title free of any liens, encumbrances,
exceptions, or qualifications. Marketable title shall be determined according to
applicable title standards adopted by the Florida Bar and in accordance with
law. At the Closing. the Seller shall cause to be delivered to the Purchaser the
items specified herein and the following documents and instruments duly
executed and acknowledged, in recordable form:
3.0111 Warranty Deed in favor of Purchaser conveying title to the Property,
free and clear of all liens and encumbrances other than:
(a) The lien for current taxes and assessments.
(b) Such other easements, restrictions or cond~ions of record.
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Agenda Item No. 16G3
June 12, 2007
Page 15 of 24
3.0112 Combined Purchaser-Seller closing statement.
3.0113 A "Gap," Tax Proration. Owner's and Non-Foreign Affidavit." as
required by Section 1445 of the Internal Revenue Code and as required by
the title insurance underwriter in order to insure the "gap" and issue the
policy contemplated by the title insurance commitment.
3.0114 A W-9 Form. "Request for Taxpayer Identification and Certification"
as required by the Internal Revenue Service.
3 0 115 Such evidence of authority and capacity of Seller and its
representatives to execute and deliver this Agreement and all other
documents required to consummate this transaction, as reasonably
determined by Purchaser's counsel and/or title company.
3.0116 Certificate of Title or other documentation to transfer ownership of
the mobile home located on the Property.
3.012 At the Closing, the Purchaser, or its assignee. shall cause to be delivered to
the Seller the following:
3.0121 A negotiable instrument (County Warrant) in an amount equal to
the Purchase Price. No funds shall be disbursed to Seller until the
Purchaser or Title Company verifies that the state of the title to the
Property has not changed adversely since the date of the last endorsement
to the commitment, referenced in Section 4.011 thereto, and the Purchaser
or Title Company is irrevocably committed to pay the Purchase Price to
Seller and to issue the Owner's title policy to Purchaser in accordance with
the commitment immediately after the recording of the deed.
30122 Funds payable to the Seller representing the cash payment due at
ClOSing in accordance with Article III hereof, shall be subject to adjustment
for prorations as hereinafter set forth.
3.02 Each party shall be responsible for payment of its own attorney's fees. Seller. at
its sole cost and expense, shall pay at Closing all documentary stamp taxes due
relating to the recording of the Warranty Deed, in accordance with Chapter 20101,
Florida Statutes, and the cost of recording any instruments necessary to clear Seller's
title to the Property. The cost of the Owner's Form B Title Policy, issued pursuant to
the Commitment proVided for in Section 4.011 below. shall be paid by Purchaser.
The cost of the title commitment shall also be paid by Purchaser
3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property
taxes shall be prorated based on the current year's tax with due allowance made for
maximum allowable discount, homestead and any other applicable exemptions and
paid by Seller If Closing occurs at a date which the current year's millage is not
fixed. taxes will be prorated based upon such prior year's millage.
IV. REQUIREMENTS AND CONDITIONS
4.01 Upon execution of this Agreement by both parties or at such other time as
specified within this Article, Purchaser and/or Seller, as the case may be, shall
perform the following within the times stated, which shall be conditions precedent to
the Closing:
4.011 Within twenty (20) days after the date hereof, Purchaser shall obtain as
evidence of title an AL TA Commitment for an Owner's Title Insurance Policy
(ALTA Fonn 8-1970) covering the Property. together with hard copies of all
exceptions shown thereon. Purchaser shall have thirty (30) days. following
receipt of the title insurance commitment, to notify Seller in writing of any
objection to title other than liens evidencing monetary obligations, if any, which
obligations shall be paid at closing. If the title commitment contains exceptions
2
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Agenda Item No. 1683
June 12, 2007
that make the title unmarketable, Purchaser shall deliver to the Seller wrillen Page 16 of 24
notice of its intention to waive the applicable contingencies or to terminate this
Agreement.
4.012 If Purchaser shall fail to advise the Seller in writing of any such objections
in Selle~s title in the manner herein required by this Agreement, the title shall be
deemed acceptable. Upon notification of Purchaser's objection to title, Seller
shall have thirty (30) days to remedy any defects in order to convey good and
marketable title, except for liens or monetary obligations which will be satisfied at
Closing. Seller, at its sole expense, shall use its best efforts to make such trtle
good and marketable. In the event Seller is unable to cure said objections within
said time period, Purchaser, by providing written notice to Seller within seven (7)
days after expiration of said thirty (30) day period, may accept title as rt then is.
waiving any objection; or Purchaser may terminate the Agreement A failure by
Purchaser to give such wrillen notice of tennination within the time period
provided herein shall be deemed an election by Purchaser to accept the
exceptions to title as shown in the title commitment.
4.013 Purchaser shall have the option, at its own expense, to obtain a current
survey of the Property prepared by a surveyor licensed by the State of Florida.
No adjustments to the Purchase Price shall be made based upon any change to
the total acreage referenced in Exhibit "A", if any. Seller agrees to furnish any
existing surveys of the Property, if any, to Purchaser within thirty (30) days of
execution of this Agreement.
4014 Seller agrees that all tenants will vacate the Property prior to closing and
that the Property and all habrtable structures will be free of garbage, debris or
personal property. The mobile home on the Property shall be broom-clean and in
good condition. Buyer has the right to inspect all properties the day of closing to
confirm. Failure to convey properties by Seller as described in this paragraph will
cause delay of closing.
V. APPRAISAL PERIOD
5.01 Purchaser shall have sixty (60) days from the date of this Agreement (Appraisal
Period). to obtain the required appraisal(s) in order to determine the value of the
Property pursuant to the requirements of Florida Statutes 125.355.
5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of the
independent appraisal(s), Purchaser shall deliver to the Seller within thirty (30) days
from the expiration of the Appraisal Period, written notice of its intention to waive the
applicable contingencies or to terminate this Agreement. If Purchaser fails to notify
the Seller in writing of its specific objections as prOVided herein. it shall be deemed
that the Purchaser is satisfied with the results of its investigation and the
contingencies of this Article V shall be deemed waived. In the event Purchaser
elects to terminate this Agreement copies of the appraisal reports shall be furnished
to the Seller.
VI. INSPECTION PERIOD
6.01 Purchaser shall have ninety (90) days from the date of this Agreement,
("Inspection Period"), to detennine through appropriate investigation that:
1. Soil tests and engineering studies indicate that the Property can be developed
without any abnormal demucking, soil stabilization or foundations.
2. There are no abnormal drainage or environmental requirements to the
development of the Property.
3. The Property is in compliance With all applicable State and Federal environmental
laws and the Property is free from any pollution or contamination.
4. The Property can be utilized for its Intended purpose.
1
Initia!B1.Iyer
Initial sellef: j/J1. ~-r \';'\
Agenda Item No. 16G3
June 12, 2007
6.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of Page 17 of 24
any investigation, Purchaser shall deliver to Seller prior to the expiration of the
Inspection Period, written notice of its intention to waive the applicable contingencies
or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its
specific objections as provided herein wrthin the Inspection Period, it shall be deemed
that the Purchaser is satisfied with the results of its investigations and the
contingencies of this Article VI shall be deemed waived. In the event Purchaser
elects to terminate this Agreement because of the right of inspection, Purchaser shall
deliver to Seller copies of all engineering reports and environmental and soil testing
results commissioned by Purchaser with respect to the Property.
6.03 Purchaser and its agents, employees and servants shall, at their own risk and
expense. have the right to go upon the Property for the purpose of surveying and
conducting site analyses, soil borings and all other necessary investigation.
Purchaser shall. in performing such tests, use due care and shall indemnify Seller on
account of any loss or damages occasioned thereby and against any claim made
against Seller as a result of Purchaser's entry. Seller shall be notified by Purchaser
no less than twenty four (24) hours prior to said inspection of the Property.
VII. INSPECTION
7.01 Seller acknowledges that the Purchaser, or rts authorized agents, shall have the
right to inspect the Property at any time prior to the Closing.
VIII. POSSESSION
8.01 Purchaser shall be entitled to full possession of the Property at Closing.
IX PRORATIONS
9.01 Ad valorem taxes next due and payable, after closing on the Property, shall be
prorated at Closing based upon the gross amount of 2007 taxes, and shall be paid
by Seller.
X. TERMINATION AND REMEDIES
1001 If Seller shall have failed to pertorm any of the covenants and/or agreements
contained herein which are to be performed by Seller, within ten (10) days of written
notification of such failure, Purchaser may, at its option, terminate this Agreement
by giving wntten notice of termination to Seller. Purchaser shall have the nght to
seek and enforce all rights and remedies available at law or in equity to a contract
vendee, including the right to seek specific performance of this Agreement.
10.02 If the Purchaser has not terminated this Agreement pursuant to any of the
provisions authorizing such termination, and Purchaser fails to close the transaction
contemplated hereby or otherwise fails to perform any of the terms, covenants and
condttions of this Agreement as required on the part of Purchaser to be performed,
provided Seller is not in defaurt, then as Seller's sole remedy, Seller shall have the
right to terminate and cancel this Agreement by giving written notice thereof to
Purchaser, whereupon one percent (1 %) of the purchase price shall be paid to Seller
as liquidated damages which shall be Seller's sole and exclusive remedy, and
neither party shall have any further liability or obligation to the other except as set
forth in paragraph 13.01, (Real Estate Brokers), hereof. The parties acknowledge
and agree that Seller's actual damages in the event of Purchaser's default are
uncertain in amount and difficult to ascertain, and that said amount of liquidated
damages was reasonably determined by mutual agreement between the parties, and
said sum was not intended to be a penalty in nature.
10.03 Should any litigation or other action be commenced between the parties
concerning the Property or this Agreement, the party prevailing in such litigation or
other action shall be entrtled. in addition to such relief as may be granted, to a
reasonable sum for its attorney's fees, paralegal charges and all fees and costs for
Initial Buyer
Inrtial Selle~ ,111
7:C1T
Agenda Item No. 16G3
June 12. 2007
appellate proceedings in such Irtigation or other action; which sum may bePage 18 of 24
determined by the ccurt or in a separate action brought for that purpose.
10.04 The parties acknowledge that the remedies described herein and in the other
provisions of this Agreement provide mutually satisfactory and sufficient remedies to
each of the parties, and take into account the peculiar risks and expenses of each of
the parties.
XI. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES
11.01 Seller and Purchaser represent and warrant the following:
11.011 Seller and Purchaser have full right and authority to enter into and to
execute this Agreement and to undertake all actions and to perform all tasks
required of each hereunder. Seller is not presently the subject of a pending,
threatened or contemplated bankruptcy proceeding.
11.012 Seller has full right, power, and authority to own and operate the Property.
and to execute, deliver, and perform its obligations under this Agreement and the
instruments executed in connection herewith, and to consummate the transaction
contemplated hereby. All necessary authorizations and approvals have been
obtained authorizing Seller and Purchaser to execute and consummate the
transaction contemplated hereby, At Closing, certified copies of such approvals
shall be delivered to Purchaser and/or Seller, if necessary.
11.013 The warranties set forth in this Article shall be true on the date of this
Agreement and as of the date of Closing. Purchaser's acceptance of a deed to
the said Property shall not be deemed to be full performance and discharge of
every agreement and obligation on the part of the Seller to be performed
pursuant to the provisions of this Agreement.
11.014 Seller represents that it has no knowledge of any actions, suits, claims,
proceedings, litigation or investigations pending or threatened against Seller, at
law, equity or in arbitration before or by any federal, state, municipal or other
governmental Instrumentality that relate to this agreement or any other property
that could, if continued, adversely affect Seller's ability to sell the Property to
Purchaser according to the terms of this Agreement.
11.015 No party or person other than Purchaser has any right or option to acquire
the Property or any portion thereof.
11.016 Until the date fixed for Closing, so long as this Agreement remains in
force and effect, Seller shall not encumber or convey any portion of the Property
or any rights therein, nor enter into any agreements granting any person or entity
any rights with respect to the Property or any part thereof. without first obtaining
the written consent of Purchaser to such conveyance, encumbrance, or
agreement which consent may be withheld by Purchaser for any reason
whatsoever.
11.017 Seller represents that there are no incinerators, septic tanks or cesspools
on the Property; all waste, if any, is discharged into a public sanitary sewer
system; Seller represents that they have (it has) no knowledge that any
pollutants are or have been discharged from the Property, directly or indirectly
into any body of water. Seller represents the Property has not been used for the
production, handling, storage, transportation, manufacture or disposal of
hazardous or toxic substances or wastes, as such terms are defined in applicable
laws and regulations, or any other activity that would have toxic results, and no
such hazardous or toxic substances are currently used in connection with the
operation of the Property. and there is no proceeding or inquiry by any authority
with respect thereto. Seller represents that they have (It has) no knowledge that
there is ground water contamination on the Property or potential of ground water
contamination from neighboring properties. Seller represents no storage tanks
for gasoline or any other substances are or were located on the Property at any
5
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Agenda Item No. 1683
June 12. 2007
time during or prior to Seller's ownership thereof. Seller represents none of the Page 19 of 24
Property has been used as a sanitary landfill.
11.018 Seller has no knowledge that the Property and Seller's operations
concerning the Property are in violation of any applicable Federal, State or local
statute, law or regulation, or of any notice from any governmental body has been
served upon Seller claiming any violation of any law, ordinance, code or
regulation or requiring or calling attention to the need for any work, repairs,
construction, alterations or installation on or in connection with the Property in
order to comply with any laws, ordinances, codes or regulation with which Seller
has not complied.
11.019 There are no unrecorded restrictions, easements or rights of way (other
than existing zoning regulations) that restrict or affect the use of the Property,
and there are no maintenance, construction, advertising, management, leasing,
empioyment. service or other contracts affecting the Property.
11.020 Seller has no knowledge that there are any suits, actions or arbitration,
bond issuances or proposals therefor, proposals for public improvement
assessments, pay-back agreements, paving agreements, road expansion or
improvement agreements, utility moratoriums, use moratoriums, improvement
moratoriums, administrative or other proceedings or governmental investigations
Of requirements, formal Of informal. existing or pending or threatened which
affects the Property or which adversely affecls Seller'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.
11.021 Seller acknowledges and agrees that Purchaser is entering into this
Agreement based upon Seller's representations stated above and on the
understanding that Seller will not cause the zoning or physical condition of the
Property to change from its existing state on the effective date of this Agreement
up to and including the Date of Closing. Therefore, Seller agrees not to enter into
any contracts or agreements pertaining to or affecting the Property and not to do
any act or omit to perform any act which would change the zoning or physical
condition of the Property or the governmental ordinances or laws governing
same. Seller also agrees to notify Purchaser promptly of any change in the facts
contained in the foregoing representations and of any notice or proposed change
in the zoning, or any other action or notice. that may be proposed or promulgated
by any third parties or any governmental authorrties having jurisdiction of the
development of the property which may restrict or change any other condition of
the Property.
11.022 At the Closing. Selier shall deliver to Purchaser a statement (hereinafter
called the "Closing Representative Statement") reasserting the foregoing
representations as of the Date of Closing, which provisions shall survive the
Closing.
11.023 Seller represents. warrants and agrees to indemnify, reimburse, defend
and hold Purchaser harmless from any and all costs (including attorney's fees)
asserted against, imposed on or incurred by Purchaser, directly or indirectly,
pursuant to or in connection with the application of any federal, state, local or
common law relating to pollution or protection of the environment which shall be
in accordance with, but not limited to. the ComprehenSive Environmental
Response, Compensation. and Liability Act of 1980, 42 U.S.C. Seclion 9601. et
seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the
Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including any
amendments or successor in function to these acts. This provision and the rights
of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by
conveyance of title.
11.024 Seller has no knowledge of the existence of radon on the Property or any
radon mitigation having been performed on the Property.
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Agenda Item No. 16G3
June 12, 2007
Page 20 of 24
11.025 Seller has no knowledge of any mold remediation having been performed
on the Property.
11.026 Any loss and/or damage to the Property between the date of this
Agreement and the date of Closing shall be Seller's sole risk and expense.
XII. NOTICES
12.01 Any notice, request, demand, instruction or other communication to be given
to either party hereunder shall be in writing, sent by registered or certified mail,
return receipt requested. postage prepaid, addressed as follows:
If to Purchaser:
Collier County Redevelopment Agency
Bayshore/Gateway Triangle
clo David Jackson, Executive Director
2740 Bayshore Drive
Naples, FlOrida 34112
With a copy to:
David C. Weigel
County Attomey
Office of the County Attomey
Harmon Turner Building
3301 Tamiami Trail ease
Naples, Florida 34112
If to Seller:
"iJ.j~. j/r'h'-':L i}k"7 J= ,~
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With a copy to:
12.02 The addressees and addresses for the purpose of this Article may be changed
by either party by giving written notice of such change to the other party in the
manner provided herein. For the purpose of changing such addresses or addressees
only, unless and until such written notice is received, the last addressee and
respective address stated herein shall be deemed to continue in effect for all
purposes.
XIII. REAL ESTATE BROKERS
13.01 Any and all brokerage commissions or fees shall be the sole responsibility of
the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and
against any claim or liability for commission or fees to any broker or any other person
or party claiming to have been engaged by Seller as a real estate broker, salesman
or representative, in connection with this Agreement. Seller agrees to pay any and
all commissions or fees at closing pursuant to the terms of a separate agreement, if
any.
XIV MISCELLANEOUS
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Agenda Item No. 16G3
June 12, 2007
14.01 This Agreement may be executed in any manner of counterparts which Page 21 of 24
together shall constrtute the agreement of the parties.
14.02 This Agreement and the terms and provisions hereof shall be effective as of
the date thiS Agreement is executed by both parties and shall inure to the benefit of
and be binding upon the parties hereto and their respective heirs, executors,
personal representatives, successors, successor trustee, and assignees whenever
the context so requires or admits.
1403 Any amendment to this Agreement shall not bind any of the parties hereof
unless such amendment is in writing and executed and dated by Purchaser and
Seller. Any amendment to this Agreement shall be binding upon Purchaser and
Seller as soon as it has been executed by both parties.
14.04 Captions and section headings contained in this Agreement are for
convenience and reference only; in no way do they define, describe, extend Of limit
the scope or intent of this Agreement or any provisions hereof.
14.05 All terms and words used in this Agreement. regardless of the number and
gender in which used, shaH be deemed to include any other gender or number as
the context or the use thereof may require.
14.06 No waiver of any provision of this Agreement shall be effective unless it is in
writing signed by the party against whom it is asserted, and any waiver of any
provision of this Agreement shall be applicabie only to the specific instance to which
it is related and shall not be deemed to be a continuing or future waiver as to such
provision or a waiver 25 to any other provision.
14.07 If any date specified In thiS Agreement falls on a Saturday, Sunday or legal
holiday, then the date to which such reference is made shall be extended to the next
succeeding business day.
14.08 Seller is aware of and understands that the "offe~' to purchase represented by
this Agreement IS subject to acceptance and approval by the Collier County
Community Redevelopment Agency.
14.09 If the Seller hoids the Property in the form of a partnership. limited partnership,
corporation, trust or any form of representative capacity whatsoever for others, Seller
shall make a wrrtten pubiic disclosure, according to Chapter 286. Florida Statutes,
under oath, of the name and address of every person having a benefidal interest in
the Property before Property held In such capacity is conveyed to Collier County. (If
the corporation is registered with the Federal Securities Exchange Commission or
registered pursuant to Chapter 517. Florida Statutes. whose stock is for sale to the
general public. it is hereby exempt from the provisions of Chapter 286. Florida
Statutes.)
14.10 This Agreement is governed and construed in accordance with the laws of the
State of Florida.
XV. ENTIRE AGREEMENT
15.01 This Agreement and the exhibits attached hereto contain the entire agreement
between the parties, and no promise, representation, warranty or covenant not
included in this Agreement or any such referenced agreements has been or is being
relied upon by eITher party. No modification or amendment of this Agreement shall
be of any force or effect unless made in writing and executed and dated by both
Purchaser and Seller. Time is of the essence of this Agreement.
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IN WITNESS WHEREOF, the parties hereto have signed below.
Dated Project/Acquisition Approved by
BCC:
AS TO PURCHASER:
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
, Deputy Clerk
AS TO SELLER:
DATED:
WITNESSES,
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(Printed Name)
Approved as to form and
legal sufficiency:
flit I /~
~<:_J)avid C. Weigel
V County Attorney
Agenda Item No. 16G3
June 12, 2007
Page 22 of 24
COLLIER COUNTY COMMUNITY
REDEVELOPMENT AGENCY
BY:
DONNA FIALA,
Chairman
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EXHIBIT "A"
Agenda Item No. 16G3
June 12. 2007
Page 23 of 24
LOT 43, LAKE KELLY, UNIT 2, ACCORDING TO THE PLAT THEREOF, OF RECORD IN
PLAT BOOK 3, PAGE 93, OF THE PUBLIC RECORDS OF COLLIER COUTNY.
FLORIDA.
FOLIO #53351480009
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Date:
Item #
Agenda Item No. 16G4
June 12, 2007
Page 1 of 24
EXECUTIVE SUMMARY
Recommendation for the Community Redevelopment Agency to approve the purchase of a
residential (mobile home) lot and trailer in the Bayshore area of the CRA as part of a CRA
residential infill project; to approve payment from and authorize the CRA Chairman to
make a draw from the Bayshore Gateway Triangle CRA Wachovia Bank Line of Credit in
the amount of $90,000 plus cost and expenses to complete the sale of subject property; and
approve any and all necessary budget amendments. Site address: 3962 Harvest Court
($90,000).
OBJECTIVE: Recommendation for the Community Redevelopment Agency to approve the
purchase of a residential (mobile home) lot and trailer in the Bayshorc area of the CRA as part of
a CRA residential infill project; to approve payment from and authorize the CRA Chairman to
make a draw from the Bayshore Gateway Triangle CRA Wachovia Bank Line of Credit in the
amount of $90,000 plus cost and expenses to cornplete the sale of subject property; and approve
any and all necessary budget amendments. Site address: 3962 Harvest Court.
BACKGROUND: Florida Statute 163.358 - "Exercise powers in carrying out community
redevelopment and related activities" - gives the CRA power to acquire property.
Florida Statute 163.370 - "Powers; counties and municipalities, community redevelopment
agencies" - delineates other powers necessary to carry out the purchase of property.
BCC RESOLUTION No. 2000-82 made a 'finding that a blighted area exists' in the Bayshore
Gateway Triangle area and that 'conditions are present in the Area that are detrirnental to the
sound growth of the county and which substantially impair or arrest the growth within the Area,
and present conditions and uses in the Area are detrimental to the public health, safety, morals
and public welfare....'
BCC RESOLUTION No. 2000-181 adopted a community redevelopment plan to correct
deficiencies. The applicable Redevelopment Master Plan sections cite:
1. Neighborhood Focus Program
o Acquisition of vacant and dilapidated sites (page IX-6)
o Demolish dilapidated and unsound buildings (page IV-20)
2. Bayshore Neighborhood Focus Initiative (NFl):
o Bayshore Drive consists of several residential streets and loops extending from
both sides of Bayshore Drive. As a neighborhood it is defined by and will take its
character from the improvements planned for Bayshore Drive. The potential
cataly1ic effect of the Bayshore Drive Landscape program should be
supplemented by NFl activities as presented on Illustration lX-14 (Exhibit A):
. Site acquisition and infill housing (Illustration IX-14)
. New multifamily housing (Illustration IX-14)
. New single family housing (Illustration IX-14)
1
Date:
Item #
Agenda Item No. 16G4
June 12. 2007
Page 2 of 24
CONSIDERATIONS: As cited in the Bayshore Gateway Triangle Master Plan, there is a
provision for the creation of CRA programs to remove substandard or blighted homes or acquire
vacant lots and facilitate the construction of new housing that meets Collier County codes.
Working with the Local CRA Advisory Board, CRA staff identified stressed locations that had
high crime rates or multiple Code Enforcement problems and blighted neighborhoods where
substandard or aged housing existed. Following the example of other CRAs throughout the state
of Florida, a local program was developed for an older Bayshore Drive neighborhood zoned
mobile home. The Neighborhood Focus Initiative program objectives are:
I. To acquire mobile home lots (with or without trailers) from willing sellers,
2. Demolish existing structures,
3, Prepare the site for new construction,
4. Advertise to the private sector a Request for Proposals (RFP) for each lot,
5. Provide selected floor plans that meet the Bayshore Overlay Design Guidelines,
6. Select qualified builders to construct new housing that meets code,
7. Offer builder incentives, if necessary,
8. Market new housing at workforce or gap priced housing,
9. Require new housing to be deed restricted as owner-occupied housing.
CRA had discussions with Mr. Robert T. Morgan and Frances Morgan, husband and wife
pertaining to property they own within the Bayshore area and their desire to sell their property to
the CRA. The CRA commissioned the Real Estate Services Department to appraise the mobile
home site (located in a blighted area the CRA has been focusing on for residential-infill) to
determine the value of the sites they wanted to sell.
On April 27, 2007, Mr. & Mrs. Morgan offered to sell the CRA a mobile home lot and trailer
located at 3962 Harvest Court, for $90,000.00, which is the appraised value of property as
determined in an appraisal obtained by the CRA dated May 7, 2007 valuing the site at
$90,000.00.
This offer was accepted by the Executive Director, contingent UDon CRA Board aDDroval, and
presented to the Bayshore Gateway Triangle CRA Local Advisory Board. The Local Advisory
Board unanimously accepted the proposal to purchase and recommended to the CRA Board to
authorize the purchase of subject property as part of the Neighborhood Focus Initiative.
It is in the best interest of Collier County, and in particular of the residents of the Bayshore area,
for the CRA to acquire this property, construct new housing and resell the residence as work
force/gap housing. Presently the Land Development Code allows an owner of a rnobile home
zoned lot to install a replacement mobile home unit. Replacing mobile homes with new
construction assists in the implementation of the Bayshore Gateway Triangle CRA Master Plan's
Neighborhood Initiative, increases the residents' quality of life and constructs a higher quality
home within the Coastal High Hazard Area (CHHA).
2
Date:
Item #
Agenda Item No. 1684
June 12, 2007
Page 3 of 24
Therefore, the CRA Local Advisory Board recommends the CRA Board approve the purchase of
the subject property with CRA Wachovia Bank Line of Credit funds (to be repaid with CRA Tax
Incremental Finance (TIF) revenues) as part of a residential infill project removing mobile
homes and replacing them with a foundation home built to current building codes and resold as
an owner-occupied workforce/gap housing unit.
FISCAL IMPACT: Funds in the amount of $90,000 plus cost and expenses to complete the sale
of subject property (title insurance, attorney's fee, closing services and recording fees) are
available in the Bayshore Gateway Triangle CRA Wachovia Line of Credit. A budget
amendment is needed to recognize the draw on the CRA line of credit and expenditure for the
purchase of subject property. Source of all funds are Fund 187 tax incremental finance revenues.
Wachovia $7M Line Of Credit Summary
Purchase Seller Date Address Amount
$7,000,000.00
17 acres Ellat AUQ 6, 2006 None~Bayshore Drive -4.566.000.00
MH Lot-Trailer Stubli April 30, 2007 3148 Van Buren Ave -89.000.00
MH Lot-Trailer Odierna May 3, 2007 None-Van Buren Ave -81,000.00
MH Lot-Vacant Owens May 15, 2007 4048 Full Moon Ct -90.000.00
MH Lot-Vacant Uzupes May 15, 2007 3252 Lunar St. -90,000.00
SUB TOTAL + $2,084,000.00
MH Lot-Vacant Mansur/Black 3979 Harvest Court -114.500.00
MH Lot-Vacant Mansur/Black 3991 Harvest Court -110.250.00
MH Lot-Vacant Mansur/Black 4005 Harvest Court -110,250.00
MH Lot-Trailer Mansur/Black 3032 Van Buren Ave -90.000.00
MH Lot Morqans 3991 New Moon Court -90.000.00
MH Lot Morqans 3962 Harvest Court -90,000.00
TOTAL + $1,479,000.00
GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of the
Growth Management Plan states that redevelopment plans may be developed for specific areas
within the County, including the Bayshore Gateway Triangle CRA. This property is a part of a
targeted Neighborhood Focus Initiative and this purchase is consistent with the Bayshore
Gateway Triangle Redevelopment Plan as docurnented in Exhibit A.
RECOMMENDATION: That the Collier County Community Redevelopment Agency:
1. Approve the attached Purchase Agreement;
2. Authorize the CRA Chairman to execute same on behalf of the Board;
3. Authorize the CRA Chairman to make payment of all costs and expenses necessary to
close the transaction from the CRA Wachovia Line of Credit;
4. Accept the conveyance of the property via Warranty Deed and authorize the Executive
Director or Assistant County Attorney to record same in the public records of Collier
County, Florida; and
5. Approve any and all budget amendments required.
Prepared by:
Jean Jourdan on May 24, 2007
Project Manager, Bayshore Gateway Triangle Community Redevelopment Agency
3
Item Number:
Item Summary:
Meeting Date:
Page lofl
Agenda Item No, 16G4
June 12, 2007
Page 4 of 24
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16G4
RecommendatIOn for the Community Redevelopment Agency to approve the purchase of a
residential (mobile home) lot and trailer in the Bayshore area oftha eRA as part of a CRA
reSidential infill project; to approve payment from aM authorize the CRA Chairman to make a
draw from the Bayshore Gateway Triangle CRA Wachol'ia Bank Line of Credit in the amount
ot $90 000 plus cost and expenses to complete lhe sala of subject pr openy;andapproveany
and all necessary budget amendments Site address 3962 Harvest Court ($90,000)
6/12/2Q079:0000,A.M
D...
Prepared By
Jean JOl.lrdan
Community Redevelopment
Agency
Project Manager
Bayshore-Gateway Redevelopment
5/JO/20079:37;OOAM
Date
Approved By
Jean Jourdan
Community Redevelopment
Agency
Project Manager
Bayshore-Gateway Redevelopment
5/JO/20079:36AM
EJ<.ocutiveDirector
Date
Approved By
David Jackson
Community Redevelopment
Agency
Bayshore.Gateway Redevelopment
5/301200710:2JAM
Approved By
Date
OMB Coordinator
County Manager's Offies
OMBCoordinator
Office of Management & Budget
6/1/20079:45AM
Date
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Office of Management & Budget
6/4/20074:22 PM
Date
Approved By
JamesV. Mudd
Board of County
Commissioners
County Manager
County Manager'sOffje",
614f20075:04PIv'I
file:IIC:\AQendaTest\ExDort\84~June%2012_ %202007\] 6_ %20CONSENT%20AGRNDA \ I fiG
6/(;/2007
SUBJECT PHOTOGRAPH ADDENDUM
Agenda Item No. 16G4
June 12, 2007
Page 5 of 24
0046
Borrower COLLIER COUNTY / BUYER
Property Address 3962 HARVEST cr
City NAPLES County COLLIER
LellderlCient COLLIER COUNTY GOVERNME~T
State FL
r
I'
I
Z.pCod, 34112 I
FRONT OF
SCBJECT PROPERTY
STREET SCENE
CQSUJ.TIKI
FileNo.
Map Rdmnce
Agenda Item No. 1684
June 12, 2007
Page 6 of 24
~ ~ COLLIER COUNTY I BUYER
iii
-!1'n>pm)oAddral 3962HARVESTCT
Cily NAPLES CO""ly COLLIER
4plDeoc:ripDon LAKE KELLY lJN(T2 LOT 48 TAX ID#533S]680003
SU:l'Til:eS 90000o..,oofS.Jc: 412007 LoallTOIm ~_)'D.
I~- AaualRealE&weT.mS __ 862 ()I.l Loml elwJe$ to be paid by seUl:r N/A
F-: ~Clioat COLLIER COUNTY GOVERNMENT Acldrus
ROBERT MORGAN A ROO. EV T LE A
t~ ~Utban ~SUbuthm f--Rural
.'RuiIlUp X o.e.-1S% 25~.to?S% UIId!:,H%
'OroWlhRate DFulJyDov. Rapid XS'oody Slow
:1 I'mpmy Villa lnaoasina ~Slable Declining
-!o.:n-dISlIJlPly SlIO{loge 'x InBIlmcl: OverS"""ly
Mark<tiQaTime UnderJMoa. X 4-6MO$ :-o....(,~
'Prescm 2L%IF..mJy_%2-4F:ml>.'J_%Apu. _%ComdoL%Co""""",..1
UadUoe; _%lnduslrilll 2 o/.V.....,l %
CbIa.. ill Praml LMd U.. l2;]NOllilily ULikolY
LAND APPRAISAL REPORT
107.01
0046
5AI4
Stl.h:Fl.
,,"coo.
34112
PmpcrtyRiJllIl'Apl"aiocd OOFc< Ul.4uebold UDoMin~PlJD
Otberu~COllUS5ioos N/A
330] E TAM1AMI TRAIL NAPLES FL 34112
ESTIMATED FAIR MARKET VALUE
Good~ti!~
X l-
x l-
x l-
x l-
x l-
x l-
x I-
PropmyCompaibilil)' X f-- r-
("JFrom To ProloctionfnlmDetrimeruICondilio... X f--
PmIominw~ [XJiJo.ncr UTol1lDl _%Vacmt. Po~""oo.dFireProledion X f--
,-.S.FlIIlIiIyl'riooR....'" S 150 !OS 250l'rodominanlVoIueS 125 GmortIAppear.....o{propertia f--- X 1_ r-
:j SiqIo Family..... 15 yr1_1'O 25 yrl. PrccIll1I'linl<nl^se 20 JI". X
,~ CaanIOIIllo incllldillg tho..: flC\(>,~. favOrU>1e orllllfa.o,able,affeaiag markol.lbi]iIy (o.g, ""blioparl<.. $ehooli. View.lIOioe) THE SUBJECf PROPERTY IS LOCATED CLOSE
: TO PARKS. RETAIL SHOPPING. AND THE GOVERNMENT CENTER. NEWER HOUSING PUD WITHIN TWO MILES AND
'~: COMMERClAL
, REfNVESTMENT TOUGH OUT THE MARKET AREA.
I: Dim=iou 40.58 X 98
Zoning C..,itkWon RESIDENTlAL 1 MH-R3
,~ H,sJ>o:$lll101 Best Us<: 12J;....:n1lJ.. [}rrn:1I~ ,if';)
""- '~"~be Other(De.cribo) S=~::SlTEJ~;:tieMEOrnVlIO ;; ~~~~~~g~~r~~T:~A
~' Go. Sorrac., ASPHALT Sbape RECT
:: Wiler x. M'~' "": LKJpu~, I_Jl'rivate View RESIDENTIAL
- SIa. SewI:J X X S,ormSe...., ~CurblGmter DroinaBO APPEARS TO BE ADEO
_,_ lJodagroundEll!<;&Td- - Sid....,'a. J.lheproportylor.=dinomlDldeolifiodSl"'cwFIoodHaz..-<lMoo.? ~
; ~omnon'" (foY<lrab)e 01 wtfavonbl. ""'ludlllx"y .ppan:nl ad"""," .......1<O...enaoachmolll$ "'(lib..- adveno oondn"",,) NO SURVEY IS A v AILABLE AT THE TIME OF
': THIS APPRAISAL. HOWEVER THERE APPEARS TOBE NO ADVERSE'EASEMENTS. OR ENCROACHMENTS OTHER TIlAN TYPICAL
" UTILITY EASEMENTS.
EmpIoymr:ntSlI.bilily
Ccmvmj,.",,,mEroph)m"lll
eoo"""....COItlShoppina
COlI>'elliaK:.e10 Sc:booll
Ad.~llK~IOPublitT~
RcercationaJF""i1itic1
f-
f-
UTokinllPIaoe(O)
I\<loq""cyofUri~tiu
3.976.84
UCllrDClrLot
1xJDo LJDoNotCoolOnnloZonineR.guIations
Preso:n'l"t"oVMlenl>
; Tho und....ipd has =iled three recent sal., ofproporties """1 ,imilar ud prO';"'O'o '0 tho ,ubjr<:t and hld 1<l bo CW\S;dered tb..< in the "...kel an&:ytio. The d=ripli<>ll includ.adollor
adjUSbJEO~ r.lleclingm..-kctn:aetion!OlhOKilf:mi~f.igniftcall:.oriatio.a bo"""'"lllh. ,ubj<C1...dcompar.b'rpropenior..lr.,ill'liflC.OD'itftnilllheco".Ipl1'ablel'rQportyil
"I,uporXlflO,ormorefaVOOOblethan.u!ljea.property..miouo(-)adj",ttnenliomade.lh".te<lu"ingtbriocli<aled.oIuoof,ho,ubject;ih,igniftcalltiu:minthccomparahlt:is
'__:infmo v r. . i '."v
ITEM Su'".ct P COMPARABLE NO, I
AddJ-tq 3962 HARVEST CT 3252 LUNAR ST
!; NAPLES FL 34]]2 NA~LES FL
~ rro'UnrvItl Subiect - 3 BLOCKS WEST
s",bl'r;e. s 90~{)OO S
PriceSlS.FI. S 22.63 s
DwSouree TAX 1D#29430320001
COMPARABI.E NO.2
3061 BARRETT AVE
NAPLES Fl
3 BLOCKS NORTH
'" ,," Is
COM~ARABLE NO.3
3001 KAREN DR
NAPLES FL
1/2 MILE SOUTH
130000 . Is
o ,
TAX ID#618]940001
DES RJPTION +{.)Ad-..._
3/2006
SA YSHQRE
-20000 MOnn.E,HM IRE
Q.19ACRE
-20 {100 _ENCUMBUltED
A V AlLABLE
100,000
o
75000
o
I
TAX ID#M510320009
DESC:RI;"TlOr-l +{')~,d
4/2006
BA YSHORE
V AC RES,. RES
0.16 ACRE
CLEARED
AVAlLABLE
~m'
Dal<of5a.lemd
Tirneluli8Slmedr
:J-.owioa
:;'S.~.Ni...
LOT SIZE
ENCUMBURED
-'- UnLlTIES
Dl'SCRlPTION OESCRJPTlON
12007 7/2006
SA YSHORE AREA BA YSHORE~
MOBILE HM l RES MOBil.E HM/ ~
0.09ACRE 0.24 ACRE
ENCUMBURED SITE PARTIALLY CLR
UTILlTIES.f.VAILAB ~VAILABLE _
lQ..QQQ.
,';SaIe:oorFinaociog
COIIU!.Iio..
.~ Net Ad'. 0 :!~'(',-,"/:::~:;"":::..:i::,~~,:<"';>'~ ~ 011 I..,,, X MitEUJ; S -40000 Iph<'] x I...;. -10000
:~,"'''<V''~<., ,. , 1",+'TIitt';;:;d 75.000H:<",:"'.:.\1 900001,"';'d.riiiiJL.1 90000
: ComneaIJao Mum Data. FLOOD ZONE AE 12006705829 DATED 11/1712005 THi; SUBJECT PROPERTY IS LOCATED S OF T AMIAMI TRL
E AND E OF BA YSHORE DR
CASH
CASH
CASH
CASH
; C..........Ilo...d Cond~ioft. of Appraisal: ESTIMATED V AWE IS ~ AS IS~ NO Ai)JUSTMENTS MADE FOR ~ARKET TIME DUE TO CURRENT
MARKET CONDlTION~ ALL MARKET DATA CONSIDEREDJ~EST A VAII"ABLE
NO VALUE Gly'EN TO MOBILE HOME DUE TO CONDITION, AGE AND TERMS OF THE AGR?EMENT
FinalR"",,",<iiiolion' ALL MARKET ACfIVITY INCLUDING ACTIVELlST~9 A1>,'D CLOSED SALES ARE TAKEN INTO CONSIDERATION
ADJUSTMENTS ARE GIVEN A CONTRIBUTORY VALUE.
I ESTlMATETH.E;MAAKET. V~JE.I\S}3EFINED,OFSlJBlECT PRQPf.RTY A5 OF MAY 7 2007
,,:-~;{.~..a.~
lobeS 90000
^lIIlfaiserl.l
ROOSEVELT,LfONARD
RevitwAuor.....Of"""lk:obl.l
u~
UDi<lNo,Pbyoig,lIylnspeetPropc:ny
DaloR.eronSimed MAY 72007
Slar.c.eniliation. RD-Q03287
",SweLicense' RD0003287
formFW..f412ta2
s...'oFL
s"""FL
na",R""""SilD1od
S"'~C:M;r,oltion.
",SUt.~,..
S,al.
,=
i PcMa-ed By ...
COMPARABLES PHOTOGRAPH ADDENDUM
Borrower CQLUER COUNTY! BUYER
hopeit)' Address 3962 HARVEST CT
City NAPLES COllnty COLLIER
Lender/Client COLLIER COUNTY GOVERNMENT
State FL
Agenda Item No. 16G4
June 12. 2007
Page 7 of 24
0046
Zip Code 34112
COMPARABLE SALE # 1
3252 LUNAR 8T
NAPLES FL
Date of Sale:
Sale Price
Sq. Fl.
$/Sq.ft
7/2006
75,000
o
COMPARABLE SALE # 2
306\ BARRETT AVIS
NAPLES FL
Date of Sale : 4!2006
Sale Price 130,000
Sq. fl.
Si5q,FI. 0
COMPARABLE SALE # 3
300 1 KAREN DR
~APLES fL
Date of Sale : 3/2006
Sa1eFTice 100,000
SqFt
$/Sq. Ft. 0
EXHIBIT "A"
LOT 48, LAKE KELLY. UNIT NO.2, ACCORDING TO THE PLAT THEREOF, OF
RECORD IN PLAT BOOK 3, PAGE 93, OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA.
FOLIO' 53351680003
10
InlllllB\l1fl:
In"'s.r.r~ ~1-r /.J1
Agenda Item No. 16G4
June 12, 2007
Page 8 of 24
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I~!
AGREEMENT FOR SALE AND PURCHASE
(FOR RESIDEN11AL LOTS FOR CRA WITH MOBILE HOMES)
(WHERE MOBILE HOME WILL BE REMOVED)
THIS AGREEMENT is made and entered inlo by end _n Robort T. Morgan and
Fnmc" Morgan, huaband and wife (hereinafter referred m as "Setler"). and Collier
County Communky Redevelopment Agency, (hereinafter referred to 85 "Purch8&8r").
WITNESSETH
WHEREAS. Seller owns celtan impnwed properly _ at 3162 110..... Court,
Naples, Florida, end more particularty described as Exhibit "A" which is incorporated
herein by reference, together with aI bulktings, structures including mobile homea and
Improvements, fIXtures, built-in appliances, refrigerators, stove, dishwasher, washer, dryer,
ceiling fans. floor coverings and window treatments (herelneft&r referred to as .Property1,
and the personal property, If any, aalilJted on the BttaChed Exhibit "A", free from Dens:
WHEREAS. purcha&er is desirous of purchasing the Property. sub/act to the conditions
and other agreements hereinafter set forth. and Seller 18 agreeable to such sale and to
such conditions and agreements.
NOW, THEREFORE. and for end in consideration of the pl'Bmises and the respective
undertakingS of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the
rece\pt and sufficiency of which is hereby mutually ackn~ged, it is agreed as follows:
I. AGREEMENT
1.01 In consideration of the purchase priCe and upon the tenns and conditions
hereinafter set forth, Seller shall sell to Purchaser and purchaser 5hBII purchase from
Seier the Property, described In Exhibit RA".
1.02 seller's offer to sell the Property 88 represented by this Agreement will remain
in effect Mhout revocation until 5;00 p.m. on AprI127, 2007.
II. PAYMENT OF PURCHASE PRICE
2.01 The purchase price (the "Purchase Price") for the Property shall be Ninety
ThOUNnd Oollara ($90,000), U.S. Currency payable at time of closing.
Ill. CLOSING
3.01 Tho Closing (THE 'CLOSING DATE", 'DATE OF CLOSING", OR 'CLOSlNG;
of the transaction shall be held on or before Auguat 27. 2007, following execution of
this Agreement by the Purcheser, unless extended by mutual written agreement of
the parties hereto. The Closing shaD be held at the CaUter County Attorney's Office,
Administration Building, 3301 Tamiami Trail East, Naples, Florida. The procedure 10
be followed by the partiea In connection with the Closing shall be as follows:
3.011 Sellef shall coowy a marketable title free of any liens, encumbrances,
exceptions, or Qualifications. Mart(etBbie We shall be determined according to
applicable title standards adopted by the Florida Bar and In accordance with
law. At the Claaing, the Seller shall cause to be delivered 10 the PurchBSer the
items specified herein and the following documents and instrumentS duly
executed and acknowledged, in recordable form:
3.0111 Warranty Deed in favor of Purchaser conveying tl6etoth9 Property,
free and dear of aU Mens and encurnbnlnces other than:
(a) TIle Uen for current taxes and assessments.
(b) Sud'l other easements, restrictions or conditions of record.
"*~~
'n'" -4>iJfu rO (Yf
Agenda Item No. 16G4
June 12, 2007
Page 11 of 24
Agenda Item No. 16G4
June 12, 2007
Page 12 of 24
0046
The definition of market ,'alue In this report: The mosl probable price which a property should bring in a competitive and
open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the
price is nol affected by undue stimulus. Implicit in this definition is the consummation ora sale as ofa specified date and the passing
of this title from seller to buyer under conditions whereby: (I) buyer and seller are typically motivated; (2) both parties are well
informed or well advised, and each acring in what he considers his own best interest; (3) a reasonable time is allowed for exposure in
the open market; (4) payment is made in terms of cash in U,S. dollars or in terms of financial arrangements comparable thereto; and
(5) the price represents the normal considerations for the property sold unaffected by special or creative financing or sales
concessions- granted by anyone associated with the sale.
"-Adjustments 10 the comparables must be made for special or creative financing or sales concessions. No adjustments are necessary
for those costs which are normally paid by the seller as a result of tradition or law in a market area; these COSts are readily identifiable
since the seller pays these COsts in virtually all sales transactions. Special or creative financing adjustments can be made to the
comparable property by comparisons to financing terms offered by a third party institutional lender that is not already involved in the
property or transaction. Any adjustments should not be calculated on a mechanical dollar for dollar cost of the financing or concesSlon
but the dollar amount of any adjustment should approximate the market's reaction to the financing or concessions based on the
Appraiser's judgement."
The foregone definition was taken direclly from the Statement of Limiting Conditions fonn (FHLMC fonn 439 or FNMA fonn
10048, both. dated 6/93).
STATEMENT or LIMITING CONDITIONS
The appraiser's cenification that appears in the report is subject to the following conditions:
1. The appraiser will not be responsible for matters ofa legal nature that affect eith.er the propeny appraised or the title to it. The
appraiser assumes that the title is good and marketable and, therefore, will not render any opinion~ about the title. The property
is appraised on th.e basis of it being under responsible ownership.
2. The appraiser has previously provided any required sketches in the ORIGINAL APPRAISAL REPORT to show the approximate
dimensions of the improvements and the sketch is referenced only to assist the reader of the repons in visualizing the property
and understanding the apprdiser's determination of its size.
3. The appraiser will not give testimony or appear in coun because helshe made an appraisal of the propen)' in question, unless
specific arrangements to do so have been made beforehand.
4. The appraiser has noted in the OR1GIl\AL APPRAISAL REPORT any adverse conditions (such as, but not limited to, needed
repairs, the presence of hazardous wastes, toxic 5ubstances, etc,) observed during the inspection of the subject property or that
he/she became aware of during the normal research involved in performing the appraisaL Unless otherwise stated in the report,
the appraiser has no knowledge of any hidden or unapparent conditions of the property or adverse environmental conditions
(including the presence of hazardous wastes, [Oxic substances, etc.) thaI would make the property more or less valU8bJe, and has
assumed that there are no such conditions and makes no guarantees or warranties, expressed or implied. regarding the condition
oftbe property. The appraiser will not be responsible for any such conditions that do exist or for any engineerin!: or testing that
might be required to discover whether such conditions c.\ist. Because the appraiser is not an expert in the field of envirunmental
hazards, the <Ippraisal report must not be considered as an environmental assessment of the property.
5. The appraiser obtained the infonnation, estimates, and opinions that were expressed in the repons from sources that helshe
considers to be reliable and believes th.em to be true and correct. The appraiser does not assume responsibi1iry for the accuracy
of such itt:ms that were Fumished by other parties.
6. The appraiser will not disclose the contentS of the report, except as provided for in the Uniform Standards of Professional
Appraisal Practice (USPAP).
7. The appraiser must provide hislher prior written oonsent before the lender/client specified in the reportS can distribute the reports
(including the conclusions about the property value, the appraiser's identity and professional designations and references to any
professional appraisal organizations or the finn with which the appraiser is associated) to anyone other than the burrower; the
mortgagee or its successors and assigns; the mortgage insurer; consultants; professional appraisal organizations; any state or
federally approved financial institution; or any department, agency, or instrumentality of the Unjll;d States or any state or the
District of Columbia; except that the lender may distribute the report to data collection Of reporting services without having to
obtain the appraiser's prior written consent. The appraiser's wrinen consent and approval must also be obtained befoft: the
reports \:an be conveyed by anyone to the public through advertising, publi\: relations, news, sales or other media.
8. The appraiser has based his/her reports and valuation conclusions for any appraisal that is subject to completion per plans and
specifications on the basis of a hypothetical condition that the improvements have been completed.
9. The appraiser has based hislher reports and valuation conclusions for an appraisal that is subject to completion, repairs or
alterations on the assumption that tbe completion orthe improvements will be perfonned in a workmanlike manner.
APPRAISER CERTIFICATION
Agenda Item No. 16G4
June 12, 2007
Page 13 of 24
File #: 0046
APPRAISER'S CERTlFICA nON: The Appraiser certifies and agrees that:
1, I have researched the subject market area and have selected II minimum of three recent sales of properties most similllC and
proximate to the subject property fOT consideration in the sales comparison analysis and have made a dollar adjustment when
appropriate to reflect the market reaction to those items of $i~;nificant variation. If a significant item in a comparable property
is superior to, ~ more favorable than, the subject property, J have made a negative adjustment to reduce thi;: adjusted sales price
afthe COll1'anIDle and, jfa significant item in a comparable property is inferior to, or less favorable than, the subject property,
I have made a positive adjustment \0 increase the adjusted sales price of the comparable.
2. I have taken into considenltion the factors that have an impact on value in my development of the estimate of market value in
the appraisal reporL I have not knowingly witheld any signlficlUIt information from the llppraisal report and 1 believe, \() the
best of my knowledge. that all statements and information in the appraisal report are true and correcL
3. I stated in the appraisal report only my personal, unbiased, and professional analysis, opinions, and conclusions, which arc
subject only to the contingent and limiting conditions spel::ifled in this fann
4. I have no pro;ent or prospective lnterest in the property that is the subject of this report. and I have no present or
prospective personal imerest or bias with respect to the participants ill the transaction. 1 did not base:, either partially or
completely, my analysis andforthe estimate of market value in the appraisal report on the race. color, religion, sex, handicap,
familial status, or nalional origin of either the prospective owners or occupants of the subject property or of the present ovmers
or occupants of the properties in the vicinity of the subject property.
5. I have no pTt:sent or contemplated future interest in the subject property, and neither my current or future employment nor my
compensation for performing Ihis appraisal is contingent on the appraised value of the property.
6. I was not r~uired to report a predetermined value or direction in value that favors the cause oflhe client or any related
party, the llm:)unt of the value estimate, the attainment ofa specific result, or the occun:ncc ofa subsequent event in order to
Tt:ceive my compensation and/or employment for performing the appraisal. 1 dld nol base the appraisal repon on a requested
minimum valuation, a specific Valualion, or the need to approve a specific mortgage loan.
7. I performed this appraisal in conformity with the Uniform Standards ofProfessionaJ Appraisal Practice that were adopted and
promulgated by the Appraisal Standards Board of The ApprJ.isaJ foundation and that were in place as of the effective date of this
appraisal, with the exception ofthc departure provision of those Standards, which does not apply. 1 acknowledge that an cstimate
ofa reasonable time for exposure in the open market is a condition in the definition of market value and the estimate I developed
is consisk'tlt with the lTlaI'keting time noted in the neighborhood. section of this report, unless I have other.vise stated in the
reconciliation section.
8. J havcpcrsonally inspected the interior and e:\tcrior areas of the subject property and the exterior orall properties listed as
comparables in the appraisal report. I further certify that I have nOled!\JlY apparent or known adverse conditions in the subject
improvements, OD the subject site, or 011 !\JlY site within the immediate vicinity of the subject property of which I am aware and
have made adjustment.> for these adverse conditions in my analysis oflhe propc:rty value to the extent that I had market evidence
to suppon them. I have also commented about the effect orlhe adverse conditions on the marketability of the subject property.
9. I personally prepared all conclusions and opinions about the real estate that were sel forth in the appraisal report. If I
relied on signific!\Jlt professional assistance from any individual or individual(s) in the perform:lnce (lfthe appraisal or the
preparation orthe appraisal report, I have named such individual(s) and disclosed the specific tasks performed by them in the
reconciliation sectinn oflhis appraisal report I cenify that any individual so named is qualified to perform the tasks. I have
not authorized anyone to make change to any item in the report therefore. if an unauthorized change is made \0 the appraisal
report, I will take no responsibility for it
SUPERVISORY API'RAISER'S CERTlFICA TIO!'\: If a super....isory appraiser signed the appraisal report, he or she
cenifies and agrees th3.l: I directly supervise the appraiser who prepared the appraisal report, have reviewed the appraisal report,
agree with the staterru:nts and conclusions of the appraiser, agree to be bound by the appraiser's eel1ificatioos numbered 4 through
7 above, and am taking full responsibility for the appraisal and the appraisal report.
ADDRESS OF PROPERTY APPRAISED:
3962 HARVEST CT
NAPLES
APPRAISER:
FL 34112
Sl!PERVlSQRY APPRAISER (only if required):
Signature: ~ ~""......J 1::""""~(.
Name: ROOSEVELT LEONARD
Date Signed: MAY 7 2007
Stal:e Certification #: RD-003287
or State Licensell:_RP0003287
Expiration DatcofCcrtification or License
FL
--"b.
l.l{30/2006__
Signature:
Name:
DllteSigned:
StateCertification#:
orStlIleLicense#:_
f!piralion Date ofCenification or License: ____
L Did I Did Not Inspect property
Freddie Mac FOM 439 6 93
Pa'i!e20f2
Fannie Mae Form 10048 693
,
AGREEMENT FOR SALE AND PURCHASE
{FOR RESIDENTIAL LOTS FOR CRA WITH MOBILE HOMES}
(WHERE MOBILE HOME WILL BE REMOVED)
Agenda Item No. 16G4
June 12, 2007
Page 14 of 24
THIS AGREEMENT is made and entered into this day of__~_, 2007 by
and between Robert T. Morgan and Frances Morgan, husband and wife (hereinafter
referred 10 as "Seller"), and Collier County Community Redevelopment Agency.
(hereinafter referred to as "Purchaser").
WITNESSETH
WHEREAS. Seller owns certain improved property located at 3962 Harvest Court,
Naples, Florida, and more particularly described as Exhibit "A" which is incorporated
herein by reference, together with all buildings, structures including mobile homes and
improvements, fixtures, built-in appliances, refrigerators, stove, dishwasher, washer, dryer,
ceiling fans, floor coverings and window treatments (hereinafter referred to as "Property"),
and the personal property. if any, as listed on the attached Exhibit "A", free from liens;
WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions
and other agreements hereinafter set forth, and Seller is agreeable to such sale and to
such conditions and agreements.
NOW. THEREFORE, and for and In consideration of the premises and the respective
undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the
receipt and sufficiency of which is hereby mutually acknowledged, it is agreed as follows:
I. AGREEMENT
1.01 In consideration of the purchase price and upon the terms and conditions
hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from
Seller the Property, described in Exhibit "A".
1.02 Seller's offer to sell the Property as represented by this Agreement will remain
in effect without revocation until 5:00 p.m. on June 14, 2007.
II. PAYMENT OF PURCHASE PRICE
201 The purchase price (the "Purchase Price") for the Property shall be Ninety
Thousand Dollars ($90,000), U.S. Currency payable at time of closing.
III. CLOSING
301 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING")
of the transaction shall be heid on or before August 27, 2007, following execution of
this Agreement by the Purchaser, unless extended by mutual written agreement of
the parties hereto. The Closing shall be held at the Collier County Attorney's Office,
Administration Building, 3301 Tamlami Trail East, Naples, Florida. The procedure to
be followed by the parties in connection with the Closing shall be as follows:
3.011 Seller shall convey a marketable title free of any liens, encumbrances,
exceptions, or qualifications. Marketable title shall be determined according fa
applicable title standards adopted by the Florrda Bar and in accordance with
law. At the Closing, the Seller shall cause to be delivered to the Purchaser the
items specified herein and the following documents and instruments duly
executed and acknowledged, in recordable form:
3.0111 Warranty Deed in favor of Purchaser conveying title to the Property,
free and clear of all liens and encumbrances other than:
(a) The lien for current taxes and assessments.
(b) Such other easements, restrictions or conditions of record.
1
Initial Buyer I ,
Initial Seller/:- / /X
,<""7//.f
/"
Agenda Item No. 16G4
June 12. 2007
Page 15 of 24
3.0112 Combined Purchaser-Seller closing statement.
30113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit," as
required by Section 1445 of the Internal Revenue Code and as required by
the title insurance underwriter in order to insure the "gap" and issue the
policy contemplated by the title Insurance commitment.
3.0114 A W-9 Form. "Request for Taxpayer Identification and Certification"
as required by the Internal Revenue Service.
3.0115 Such evidence of authority and capacIty of Seller and its
representatives to execute and deliver this Agreement and aU other
documents reqUired to consummate this transaction, as reasonably
determined by Purchaser's counsel and/or tItle company.
3.0116 Certificate of Title or other documentation to transfer ownership of
the mobile home located on the Property.
3.012 At the ClOSing. the Purchaser. or rts assignee, shall cause to be delivered to
the Seller the following
3.0121 A negotiable instrument (County Warrant) in an amount equal to
the Purchase Price. No funds shall be disbursed to Seller until the
Purchaser or Title Company venfies that the state of the title to the
Property has not changed adversely since the date of the las! endocsement
to the commitment, referenced in Section 4.011 tllereto, and the Purchaser
or Title Company IS irrevocably committed to pay the Purchase Price to
Seller and to Issue the Owner's tItle policy to Purchaser in accordance with
the commitment immediately after the recording of the deed.
3.0i22 Funds payable to the Selier representing the cash payment due at
Closing in accordance WIth Article 111 hereof, shall be subject to adjustment
for prorations as hereinafter set forth.
3.02 Each party shall be responsible for payment of Its own attorney's fees. Selier, at
Its sole cost and expense. shall pay at Closing all documentary stamp taxes due
relating to the recol'dlng of the Vvarranty Deed, In accordance with Chapter 201.01,
Flonda Statutes, and the cost of recording any instruments necessary to clear Seller's
title to the Property. The cost of the Owner's Form 8 Tille Policy, issued pursuant to
the Commitment provided for in Se~tion 4 011 below. shall be paid by Purchaser.
The cost of the title commitment shall also be paid by Purchaser.
303 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property
taxes shall be prorated based on the current year's tax with due allowance made for
maximum allowable discount, homestead and any other applicable exemptions and
paId by Seller. If Closing occurs at a date which the current year's millage is not
fixed, taxes will be prorated based upon such prior year's millage.
IV. .REQUIREMENTS AND CONDITIONS
4.01 Upon execution of this Agreement by both parties or at such other time as
specified within this Article, Purchaser andlor Seller, as the case may be, shall
perform the following within the times stated, which shall be conditions precedent to
the ClOSing:
4.011 Within twenty (20) days after the date hereof, Purchaser shall obtain as
eVidence of title an AL T A Commitment for an Owner's Title Insurance Policy
(AL TA Form 8-1970) covering the Property, together with hard copies of all
exceptlons shown thereon. Purchaser shall have thirty (30) days, following
receipt of the t:tle Insurance commitment, to notify Seller in writing of any
objection to t~tle other than liens evidencing monetary obligations, if any, which
obligations shaH be paid at closlng. If the title commitment contains exceptions
Initia\Buye,__
~ fi ,1 ~.
Initial Sulle'\'>'. ',\ G--L!~
r
Agenda Item No. 16G4
June 12. 2007
that make the title unmarketable, Purchaser shall deliver to the Seller wrillen Page 16 of 24
notice of its Intention to waive the applicable contingencies or to terminate this
Agreement.
4.012 If Purchaser shall fail to advise the Seller in writing of any such objections
in Seller's title in the manner herein required by this Agreement, the title shall be
deemed acceptable Upon notification of Purchaser's objection to title, Seller
shall have thirty (30) days to remedy any defects in order to convey good and
marketable title. except for iiens or monetary obligations which will be satisfied at
Closing. Seller, at its sole expense, shall use its best efforts to make such title
good and marketable. In the event Seller is unable to cure said objections within
said time period. Purchaser, by providing written notice to Seller within seven (7)
days after expiration of said thirty (30) day period. may accept title as it then IS,
waiving any objection; or Purchaser may terminate the Agreement. A failure by
Purchaser to give such written notice of termination within the time period
provided herein shall be deemed an election by Purchaser to accept the
exceptions to tiUe as shown in the title commitment.
4.013 Purchaser shall have the option, at its own expense, to obtain a current
survey of the Property prepared by a surveyor licensed by the State of Florida.
No adjustments to the Purchase Price shall be made based upon any change to
the total acreage referenced in Exhibit "A", if any, Seller agrees to furnish any
existing surveys of the Property. if any, to Purchaser within thirty (30) days of
execution of this Agreement.
4.014 Seller agrees that all tenants will vacate the Property prior to closing and
that the Property and all habrrable structures will be free of garbage, debris or
personal property. The mobile home on the Property shall be broom-clean and in
good condition. Buyer has the fight to inspect all propertIes the day of closing to
confirm. Failure to convey properties by Seller as described in this paragraph Will
cause delay of closing.
V. APPRAISAL PERIOD
501 Purchaser shall have sixty (60) days from the date of this Agreement (Appraisal
Period). to obtain the required appraisal(s) in order to determine the value of the
Property pursuant to the requirements of Florida Statutes 125.355.
502 If Purchaser is not satisfied, for any reason whatsoever, with the results of the
independent appraisal(s). Purchaser shall deliver to the Seller within thirty (30) days
from the expiration of the Appraisal Period, wrjtten notice of its intention to waive the
applicable contingencies or to terminate this Agreement. If Purchaser faiis to notify
the Seller in Writing of Its specific objections as provided herein, it shall be deemed
that the Purchaser is satisfied With the results of Its investigation and the
contingencies of this Article V shall be deemed waived. In the event Purchaser
elects to terminate this Agreement copies of the appraisal reports shall be furnished
to the Seller.
VI. INSPECTION PERIOD
6.01 Purchaser shall have ninety (90) days from the date of this Agreement,
("Inspection Period"), to deternline through appropriate investigation that:
1. Soil tests and engineering studies indicate that the Property can be developed
without any abnormal demucking, soil stabilization or foundations.
2. There are no abnormal drainage or environmental requirements to the
development of the Property.
3. The Property is in compliance with all applicable State and Federal environmental
laws and the Property is free from any pollution or contamination.
4. The Property can be utilized for its intended purpose.
3
ltlrtialBuyer
Il1itiars"IIe~~\"~',L E-17-7.
Agenda Item No. 16G4
June 12, 2007
6.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of Page 17 of 24
any investigation. Purchaser shall deliver to Seller prior to the expiration of the
Inspection Period, written notice of its intention to waive the applicable contingencies
or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its
specific objections as provided herein Within the Inspection Period. it shall be deemed
that the Purchaser is sallsfied with the results of its investigations and the
contingencies of thiS Article VI shall be deemed waived. In the event Purchaser
elects to terminate this Agreement because of the right of inspection. Purchaser shall
deliver to Seller copies of all engineering reports and environmental and soil testing
results commissioned by Purchaser with respect to the Property.
6.03 Purchaser and its agents, employees and servants shall, at their own risk and
expense, have the right to go upon the Property for the purpose of surveying and
conducting site analyses, soil borings and all other necessary investigation.
Purchaser shall. in performing such tests, use due care and shall indemnify Seller on
account of any loss or damages occasioned thereby and against any claim made
against Seller as a result of Purchaser's entry. Seller shall be notified by Purchaser
no less than twenty four (24) hours prior to said inspection of the Property.
VII. INSPECTION
7.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the
right to inspect the Property at any time prior to the Closing.
VIII. POSSESSION
8.01 Purchaser shall be entitled to full possession of the Property at Closing.
IX PRORATIONS
901 Ad valorem taxes next due and payable, after closing on the Property, shall be
prorated at Closing based upon the gross amount of 2007 taxes, and shall be paid
by Selier.
X. TERMINATION AND REMEDIES
10_01 If Seller shall have failed to perform any of the covenants and/or agreements
contained herein which are to be performed by Seller, within ten (10) days of wntlen
notification of such failure, Purchaser may, at its option, terminate this Agreement
by giving written noti::e of termination to Seller. Purchaser shall have the right to
seek and enforce all rights and remedies available at law or in equity to a contract
vendee, including the fight to seek specific performance of this Agreement.
10.02 If the Purchaser has not terminated this Agreement pursuant to any of the
provisions authorizing such termination, and Purchaser fails to close the transaction
contemplated hereby or otherwise fails to perform any of the terms, covenants and
conditions of this Agreement as required on the part of Purchaser to be performed,
provided SeHer is not in default. then as SeHer's sole remedy, Seller shall have the
nght to terminate and cancel this Agreement by giving written notice thereof to
Purchaser, whereupon one percent (PIv) of the purchase price shall be paid to Seller
as liqUidated damages which shall be Seller's sole and exclusive remedy, and
neither party shall have any further iiabi!ity or obligation to the other except as set
forth in paragraph 1301. (Real Estate Brokers). hereof. The parties acknowledge
and agree that Seller's actual damages in the event of Purchaser's default are
uncertain in amount and difficult to ascertain, and that said amount of liquidated
damages was reasonably determined by mutual agreement between the parties, and
said sum was not intended to be a penalty in nature.
1003 Should any litigation or other action be commenced between the parties
concerning the Property or this Agreement. the party prevailing in such litigation or
other action shall be entitled, in addition to such relief as may be granted, to a
reasonable sum for its attorney's fees, paralegal charges and all fees and costs for
Imtial Buyer
Initial Seue~~~ \-,,', !:. F'I7.
.
Agenda Item No. 16G4
June 12, 2007
appellate proceedings in such litigation or other action; which sum may bePage 18 of 24
determined by the court or in a separate action brought for that purpose.
10.04 The parties acknowledge that the remedies described herein and in the other
provisions of thiS Agreement provide mutually satisfactory and sufficient remedies to
each of the parties, and take into account the peculiar risks and expenses of each of
the parties.
XI. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES
11.01 Seller and Purchaser represent and warrant the following:
11011 Seller and Purchaser have full right and authority to enter into and to
execute this Agreement and to undertake all actions and to perform all tasks
required of each hereunder. Seller is not presently the subject of a pending,
threatened or contemplated bankruptcy proceeding.
11.012 Seller has full right, power, and authority to own and operate the Property.
and to execute, deliver, and perform its obligations under thiS Agreement and the
instruments executed in connection herewith, and to consummate the transaction
contemplated hereby. All necessary authorizations and approvals have been
obtained authorizing Seller and Purchaser to execute and consummate the
transaction contemplated hereby. At Closing, certified copies of such approvals
shall be delivered to Purchaser and/or Seller, if necessary.
11.013 The warranties set forth In thiS Article shall be true on the date of thiS
Agreement and as of the date of Closing. Purchaser's acceptance of a deed to
the said Property shall not be deemed to be full performance and discharge of
every agreement and obligation on the part of the Seller to be performed
pursuant to the proVisions of this Agreement.
11.014 Seller represents that it has no knowledge of any actions. SUitS. claims.
proceedings, litigation or investigations pending or threatened against Seller, at
law, equity or in arbitration before or by any federal, state, municipal or other
governmental instrumentality that relate to this agreement or any other property
that could, if continued, adversely affect Seller's ability to sell the Property to
Purchaser according to the terms of this Agreement.
11015 No party or person other than Purchaser has any right or option to acquire
the Property or any portion thereof.
11.016 Until the date fixed for Closing, so long as thiS Agreement remains in
force and effect, Seller shall not encumber or convey any portion of the Property
or any nghts therein, nor enter into any agreements granting any person or entity
any rights with respect to the Property or any part thereof, Without first obtaining
the written consent of Purchaser to such conveyance, encumbrance, or
agreement which consent may be withheld by Purchaser for any reason
whatsoever.
11.017 Seller represents that there are no incinerators, septic tanks or cesspools
on the Property; all waste, if any, is discharged into a public sanitary sewer
system; Seller represents that they have (it has) no knowledge that any
pollutants are or have been discharged from the Property. directly or indirectly
into any body of water. Seller represents the Property has not been used for the
production, handling, storage, transportatton, manufacture or disposal of
hazardous or toxIC substances or wastes, as such terms are defined in applicable
laws and regulations, or any other activity that would have toxic results, and no
such hazardous or toxic substances are currently used in connection with the
operation of the Property, and there is no proceeding or inquiry by any authority
with respect thereto. Seller represents that they have (it has) no knowledge that
there is ground water contamination on the Property or potential of ground water
contamination from neighboring properties. Seller represents no storage tanks
for gasoline or any other substance:~ are or were located on the Property at any
InitlilIBu~'
Initial Seller \t-~' \'\ \ t:, j/,/
~_...~------,-~,
Agenda Item No. 16G4
June 12, 2007
time dUring or prior to Seller's ownership thereof. Seller represents none of the Page 19 of 24
Property has been used as a sanitary landfill.
11.018 Seller has no knowledge that the Property arid Seller's operations
concerning the Property are in violation of any applicable Federal, State or local
statute, law or regulation, or of any notice from any governmental body has been
served upon Seller claiming any violation of any law, ordinance, code or
regulation or requiring or calling attention to the need for any work, repairs,
construction, alterations or installation on or in connection with the Property in
order to comply with any laws, ordinances, codes or regulation with which Seller
has not complied.
11.019 There are no unrecorded restrictions, easements or rights of way (other
than existing zoning regulations) that restrict or affect the use of the Property,
and there are no maintenance, construction, advertising, management, leasing,
employment, service or Qther contracts affecting the Property.
11.020 Seller has no knowledge that there are any suits, actions or arbitration,
bond issuances or proposals therefor, proposals for public improvement
assessments, pay~back agreements, paving agreements, road expansion or
improvement agreements, utility moratoriums, use moratoriums, improvement
moratoriums, administrative or other proceedings or governmental Investigations
or requirements, formal or informal, existing or pending or threatened which
affects the Property or which adversely affects Seller's ability to 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.
11.021 Seller acknowledges and agrees that Purchaser is entering into this
Agreement based upon Seller's representations stated above and on the
understanding that Seller will not cause the zoning or ph)'slcal condition of the
Property to change from its existing state on the effective date of this Agreement
up to and including the Date of Closing. Therefore, Seller agrees not to enter into
any contracts or agreements pertaining to or affecting the Property and not to do
any act or omit to perform any act which would change the zoning or phYSical
condition of the Property or the governmental ordinances or laws governing
same. Seller also agrees to notify Purchaser promptly of any change in the facts
contained In the foregOing representations and of any notice or proposed change
in the zoning, or any other action or notice, that may be proposed or promulgated
by any third parties or any governmental authonties having jurisdiction of the
development of the property "".'hich may restrict or change any other condition of
the Property.
11.022 At the Closing, Seller shall deliver to Purchaser a statement (r,ereinafter
called the "Closing Representative Statement") reasserting the foregoing
representations as of the Date of Closing. which provisions shall survive the
Closing
11.023 Selier represents, warrants and agrees to indemnify, reimburse, defend
and hold Purchaser harmless from any and all costs (including attorney's fees)
asserted against, imposed on or incurred by Purchaser, directly or indirectly,
pursuant to or in connection with the application of any federal, state, local or
common law relating to pollution or protection of the envIronment which shall be
in accordance with, but not limited to, the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et
seq, ("CERCLA" or "Superfund"), which was amended and upgraded by the
Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including any
amendments or successor in function to these acts. This provision and the rights
of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by
conveyance of title.
11.024 Seller has no knowledge of the existence of radon on the Property or any
radon mitigation having been performed on the Property.
,
ll1ltlaIBuyer~~
Init:alseliel}lj\: \ f- J,,;'J .
.
Agenda Item No. 16G4
June 12, 2007
Page 20 of 24
11.025 Seller has no knowledge of any mold remediation having been performed
on the Property.
11.026 Any loss and/or damage to the Property between the date of this
Agreement and the date of Closing shall be Seller's sole risk and expense.
XII. NOTICES
12.01 Any notice, request, demand, instruction or other communication to be given
to either party hereunder shall be in writing, sent by registered or certified mail,
return receipt requested, postage prepaid, addressed as follows:
If to Purchaser:
Collier County Redevelopment Agency
Sayshore/Gateway Triangle
c/o David Jackson, Executive Director
2740 Bayshore Drive
Naples, Florida 34112
With a copy to:
David C. Weigel
County Attorney
Office of the County Attorney
Harmon Turner Building
3301 Tamiami Trail ease
Naples, Florida 34112
If to Seller.
0\ '- (""_1'1\ _'
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With a copy to:
12.02 The addressees and addresses for the purpose of this Article may be changed
by either party by giving written notice of such change to the other party in the
manner provided herein. For the purpose of changing such addresses or addressees
only, unless and until such written notice is received, the last addressee and
respective address stated herein shall be deemed to continue in effect for all
purposes.
XIII. REAL ESTATE BROKERS
13.01 Any and all brokerage commissions or fees shall be the sole responsibility of
the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and
against any claim or liability for commission or fees to any broker or any other person
or party claiming to have been engaged by Seller as a real estate broker, salesman
or representative, In connection with this Agreement. Seller agrees to pay any and
all commissions or fees at closing pursuant to the terms of a separate agreement, if
any.
XIV. MISCELLANEOUS
7
Initial Buyer
InitialSene~ /:::; 17'7
Agenda Item No. 16G4
June 12, 2007
14.01 This Agreement may be executed in any manner of counterparts which Page 21 of 24
together shall constitute the agreement of the parties.
14.02 This Agreement and the terms and provisions hereof shall be effective as of
the date this Agreement is executed by both parties and shall inure to the benefit of
and be binding upon the parties hereto and their respective heirs, executors,
personal representatives, successors, successor trustee, and assignees whenever
the context so reqUires or admits.
14.03 Any amendment to this Agreement shall not bind any of the parties hereof
unless such amendment is in writing and executed and dated by Purchaser and
Seller. Any amendment to this Agreement shall be binding upon Purchaser and
Seller as soon as it has been executed by both parties.
14.04 Captions and section headings contained in this Agreement are for
convenience and reference only; in no way do they define, describe, extend or limit
the scope or intent of this Agreement or any provisions hereof.
14.05 All terms and words used in this Agreement, regardless of the number and
gender in which used. shall be deemed to include any other gender or number as
the context or the use thereof may require.
14.06 No waiver of any provision of this Agreement shall be effective unless it is in
writing signed by the party against whom it is asserted, and any waiver of any
provision of this Agreement shall be applicable only to the specific instance to which
it is related and shall not be deemed to be a continuing or future waiver as to such
provision or a waiver as to any other provision.
1407 If any date specified in this Agreement falls on a Saturday, Sunday or legal
holiday, then the date to which such reference is made shall be extended to the next
succeeding business day.
1408 Seller is aware of and understands that the "offer" to purchase represented by
this Agreement is subject to acceptance and approval by the Collier County
Community Redevelopment Agency.
14.09 If the Seller holds the Property In the form of a partnership, limited partnership,
corporation, trust or any form of representative capacity whatsoever for others, Seller
shall make a written public disclosure, according to Chapter 286, Florida Statutes,
under oath, of the name and address of every person having a beneficial interest in
the Property before Property held in such capacity is conveyed to Collier County. (If
the corporation is registered with the Federal Securities Exchange Commission Of
registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the
general public, it is hereby exempt from the provIsions of Chapter 286, Florida
Statutes. )
14.10 This Agreement is governed and construed in accordance with the laws of the
State of Fiorida.
xv. ENTIRE AGREEMENT
15.01 This Agreement and the exhibits attached hereto contain the entire agreement
between the parties, and no promise, representation, warranty or covenant not
included in this Agreement Of any such referenced agreements has been or is being
relied upon by either party. No modification or amendment of this Agreement shall
be of any force or effect unless made in wrrting and executed and dated by both
Purchaser and Seller. Time is of the essence of this Agreement.
8
Inilial Buyer
Initial Seller \~:r-:'. \'(\ ,r I J7 ~
f
, '
Agenda Item No. 16G4
June 12, 2007
Page 22 of 24
IN WITNESS WHEREOF, the parties hereto have signed below.
Dated Project/Acquisition Approved by
BCC.
AS TO PURCHASER:
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
, Deputy Clerk
AS TO SELLER:
DATED:
WITNESSES:
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Approved as to form and
legal suffiCiency
,),;1, JL--
f('.'-Davld C. Weigel
County Attorney
COLLIER COUNTY COMMUNITY
REDEVELOPMENT AGENCY
BY:
DONNA FIALA,
Chairman
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EXHIBIT "A"
Agenda Item No. 16G4
June 12, 2007
Page 23 of 24
LOT 48, LAKE KELLY, UNIT NO.2, ACCORDING TO THE PLAT THEREOF, OF
RECORD IN PLAT BOOK 3, PAGE 93, OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA.
FOLIO # 53351680003
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EXECUTIVE SUMMARY
Agenda Item No. 16G5
June 12, 2007
Page 1 of 5
Recommendation from the Collier County Airport Authority that the Board of
Commissions of Collier County accept a grant offer from the Florida Airports
Council (FAC) and authorize its Chairman to execute the grant agreement in
the amount of $5,000, and approve all necessary budget amendments. This
grant is to provide wages, living assistance and/or transportation expenses
for one (1) intern during the summer of 2007 at the Marco Island Executive
Airport. This grant does not require matching funds.
OBJECTIVE: That the Collier County Board of County Commissioners accept a
grant offer from the Florida Airports Council (FAC) in the amount of $5,000,
approve all necessary budget amendments, and authorize its Chairman to execute
said grant agreement to provide wages, living assistance and/or transportation
expenses for one (1) intern during the summer of 2007 at the Marco Island
Executive Airport.
CONSIDERATIONS: The Collier County Airport Authority has received notice of
an FAC grant offer of $5,000 to provide wages, living assistance and/or
transportation expenses for one (1) intern during the summer of 2007 at the Marco
Island Executive Airport. This grant does not require matching funds.
The purpose of this grant is to provide the intern with advanced, practical working
knowledge and awareness of airport management issues and direct operational
experience with the management of publicly owned, public use general aviation
airports while providing the Airport Authority with the skilled resources and
knowledge of a collegiate level student engaged in aviation management related
studies.
FISCAL IMPACT: There is no fiscal impact associated with the Executive
Summary.
GROWTH MANAGEMENT IMPACT: There is no growth management impact
associated with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners accept a grant
agreement from the Florida Airports Council for $5,000, approve all necessary
budget amendments, and authorize the Board's Chairman to execute said grant to
provide wages, living assistance and/or transportation expenses for one (1) intern
during the summer of 2007 at the Marco Island Executive Airport.
Prepared by Debbie Brueggeman, Executive Assistant, Collier County Airport
Authority.
Item Number:
Item Summary:
Meeting Date:
Page 1 of1
Agenda Item No. 16G5
June 12, 2007
Page2of5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16G5
Recommendation from the Collier County Airport Authority that the Board of Commissions of
Collier County accept a grant offer from the Florida Airports Council (FAC) and authonze its
Chairman 10 execute the grant agreamentin the amount of S5,OOO.a ndapproveall
necessary budgel amendmenls. Th:sgranlisto provide wages, living assistanceandlor
transportalion expellses for one i1: intern during the summer of 200 7attheMarcolsland
Executive Airport This grant does not reqUire matchingtunde
6/12f20079.00:00AM
D".
PrepllredBy
Debra Brueggeman
County Manager's Office
Adminis!rativeAssi"'tllnt
Airport Authority
5129120072:28:26 PM
Date
Approved By
TheresaM. Cook
County Manager's Office
Executive Director
Airport Authority
5/29f2007J:12 PM
Date
Approved By
OMBCoordinator
County Manager's Office
OMB Coordinator
Office of Mllnagemenl &. Budget
6/1/20079:40AM
Date
Approved By
Randy Greenwald
County Manager's Office
ManagcmentlBudgetAnalyst
Office of Management & Budget
6/6120078:42AM
Data
Approved By
JamesV. Mudd
Board of County
COmmi5sioners
County Manager
County Manager's Office
5/6120074:15F'M
file:l/("\Al!enrbTe<:t\F\:nm1\R4- Jllnp%?n I? %?07007\ 1 h %?nrnN"FNT%?nAr.F<~mA \ 1 f..r.
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Page 3 of 5
FLORIDA AIRPORTS COUNCIL
EDUCATION FOUNDATION, INC.
INTERNSHIP GRANT AGREEMENT
FOR
MARCO ISLAND EXECUTIVE AIRPORT
No. 07-07
This Internship Grant Agreement (Agreement) is entered into between the Parties, consisting of Florida
Airports Council Education Foundation (Foundation), 250 John Knox Road, Suite 2, Tallahassee, FL
32303 and the Collier County Airport Authority (the Recipient) owner of Marco Island Executive
Airport.
Recitals
The Florida Airports Council Education Foundation (the Foundation), a 501 C (3) Not-For-Profit
subsidiary of the Florida Airports Council, issues Internship Grants to F AC-member airports to help
provide work experience for students interested in pursuing careers in airport management. Grants in
amounts of up to $5,000 are awarded to airports that demonstrate a desire to employ and supervise an
intern and in need of financial assistance.
To qualify for this grant, the intern must be attending, or recently (within one year) graduated from, a
college or university with an emphasis on airport/aviation Inanagement, operations, or a closely-related
field and unrelated to any member of the airport management or authority. All applications are reviewed
by the Foundation Board of Directors. Selections are made on a non-discriminatory basis.
The Selection Committee met in April of 2006 and, based on the application submitted by Marco Island
Executive Airport, is offering a $5,000 Grant to Collier County Airport Authority.
1. Duties of Foundation
The Foundation agrees to provide funding in the amount of $5,000 to Recipient to employ an intern at
Marco Island Executive Airport for the summer of2007. This grant shall be used to pay the intern a salary
and to provide housing and/or cover transportation expenses during the internship. The grant will be
issued to the Collier County Airport Authority, and not directly to the student. The Foundation is not
responsible for supervision of intern and the intern is not an employee of the Florida Airports Councilor
the Foundation.
2. Duties of Recipient
The Recipient recognizes that in addition to providing staff assistance for the airport, the purpose of the
grant is to provide on-the-job experience for the student. The Recipient is responsible for providing direct
supervision of the intern at all times. The Recipient will provide a financial report at the end of the
Internship on how grant funds were expended. Any grant funds not expended must be returned to the
Foundation for re-allocation to other/future internships.
11, e::> 'M-:~torn J\Jf'I 1R~J:,
J...,Y::l IL, .cVVI
Page 4 of5
The Recipient will require the intern to write a paper at the end of the internship period, detailing work
assigned, work accomplished, details of the internship, and any recommendations on how to improve the
program in the future. A copy of this paper shall be provided to the Foundation no later than 30 days after
the internship has been completed.
FLORIDA AIRPORTS COUNCIL
EDUCATION FOUNDATION, INC.
COLLIER COUNTY AIRPORT
AUTHORITY
Jerry 1. Allen, AAE, President
By:
Date:
Date:
+- +- +-
Agenda Item No. 16G5
June 12, 2007
Page 5 of 5
RESOLUTION NO. 07-14
.
RESOLUTION OF THE COLLIER COUNTY AIRPORT AUTHORITY
RECOMMENDING THAT THE COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS ACCEPT AND AUTHORIZE ITS CHAIRMAN TO EXECUTE A
$5,000 GRANT AGREEMENT FROM THE FLORIDA AIRPORTS COUNCIL (FAC)
TO PROVIDE WAGES, LIVING ASSISTANCE AND/OR TRANSPORTATION
EXPENSES FOR ONE (I) INTERN DURING THE SUMMER OF 2007 AT THE
MARCO ISLAND EXECUTIVE AIRPORT, CONTINGENT UPON HUMAN
RESOURCES POLICIES AND PROCEDURES.
WHEREAS, the Collier County Airport Authority (Authority) has applied for, and has
been offered, a Florida Airport Council (FAC) grant in the amount of $5,000 to provide wages,
living assistance, and/or transportation expenses for one (1) intern during the Summer of 2007 at
the Marco Island Executive Airport; and
WHEREAS, the purpose of this $5,000 FAC grant is to provide work experience for
students interested in pursuing careers in airport management and who are in need of frnancial
assistance. Each intern must be attending, or recently (within one year) graduated from, a
college or university with a curriculum emphasis on airport/aviation management, operations, or
a closely-related field of study; and
.
WHEREAS, this Summer the Airport Authority desires to employ and supervise one (1)
intern to assist the Authority's staff with tasks at the Marco Island Airport that are compatible
with the intern's undergraduate studies and the intern's experience.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE COLLIER COUNTY
AIRPORT AUTHORITY that the Collier County Airport Authority recommends that the
Board of County Commissioners accept and authorize its Chairman to execute the subject grant
agreement between Collier County and the Florida Airports Council in the amount of $5,000 to
provide wages, living assistance and/or transportation expenses for one (1) intern during the
Summer of 2007 at the Marco Island Executive Airport, contingent upon Human Resources
policies and procedures.
PASSED AND DULY ADOPTED by affirmative majority vote of the Collier County
Airport Authority this 14th day of May, 2007.
~
~_9
Theresa M. Cook, Executive Director
COLLIER COUNTY AIRPORT AUTHORITY
COLLIER COUNTY, FLORIDA
By: (j;)
Stephen L. Price, Chairman
.
Approved as to form and legal sufficiency
~~J~
Tom Pillmer, Assistant County Attorney
Y:\Administration\AA Board\Resolutions\Res 07-14 - F AC Grant MKY Intern Tom Palmer's recommended amended DRAFT 5-8-07.doc
Agenda Item No. 16G6
June 12, 2007
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation to accept a grant offer from the Florida Airports Council
(FAC) and authorize the Board's Chairman to execute the grant agreement in
the amount of $5,000 and approve all necessary budget amendments. This
grant is to provide wages, living assistance and/or transportation expenses
for one (1) intern during the summer of 2007 at the Immokalee Regional
Airport. This grant does not require matching funds.
OBJECTIVE: That the Collier County Board of County Commissioners accept a
grant offer from the Florida Airports Council (FAC) in the amount of $5,000,
approve all necessary budget amendments, and authorize the Board's Chairman
to execute said grant agreement to provide wages, living assistance and/or
transportation expenses for one (1) intern during the summer of 2007 at the
Immokalee Regional Airport.
CONSIDERATIONS: The Collier County Airport Authority has received notice of
an FAC grant offer of $5,000 to provide wages, living assistance and/or
transportation expenses for one (1) intern during the summer of 2007 at the
Immokalee Regional Airport. This grant does not require matching funds.
The purpose of this grant is to provide the intern with advanced, practical working
knowledge and awareness of airport management issues and direct operational
experience with the management of publicly owned, public use general aviation
airports while providing the Airport Authority with the skilled resources and
knowledge of a collegiate level student engaged in aviation management related
studies.
FISCAL IMPACT: There is no fiscal impact associated with the Executive
Summary.
GROWTH MANAGEMENT IMPACT: There is no growth management impact
associated with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners accept a grant
agreement from the Florida Airports Council for $5,000, approve all necessary
budget amendments, and authorize the Board's Chairman to execute said grant to
provide wages, living assistance and/or transportation expenses for one (1) intern
during the summer of 2007 at the Immokalee Regional Airport.
Prepared by Debbie Brueggeman, Executive Assistant, Collier County Airport
Authority.
Item Number:
Item Summary:
MeetIng Dale:
Page 1 of 1
Agenda Item No. 16G6
June 12, 2007
Page2of5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16GB
Recommendation 10 accept a gran! offer from Ihe Florida Airports Council (FAC) and
au!horize the BoardsCnairman to execule the grant agreement in IheamounlofS5,ODOand
approve all necessary budget amendments, This granlisto provide wages, living assistance
andlorlransportalion expenses forone(11 intem during the summer of2007atlhe
Immokalne Regional Airport H1is grant does nol require matcrling fw:ds
6/12120078 00:00AM
Date
Prepared By
Debra Brueggeman
County Manager'sOfflee
AclministrativeAssistant
Airport Authority
5129/20072:41:00 PM
Date
Approved By
Thernsa M. Cook
County Manager's Offiee
Executive Direetor
Airport Authority
5129120073:14 PM
D".
Approved By
OMBCoordinator
County Manager's Offiee
OMBCoordinalor
Offiee of Management & Budget
611120079:41 AM
D,'"
Approved By
Randy Greenwald
County Manager'sOfflea
ManagemenUBudget Anatyst
Offieeof Managoment& Budget
6/6/20078:49 AM
Date
Approved By
JamesV. Mudd
Board of County
Commissioners
County Manager
County Manager's Office
5/6120074;1BPM
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A/AnoO?
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Page 3 of 5
FLORIDA AIRPORTS COUNCIL
EDUCATION FOUNDATION, INC.
INTERNSHIP GRANT AGREEMENT
FOR
IMMOKALEE REGIONAL AIRPORT
No. 07-04
This Internship Grant Agreement (Agreement) is entered into between the Parties, consisting of Florida
Airports Council Education Foundation (Foundation), 2S0 John Knox Road, Suite 2, Tallahassee, FL
32303 and the Collier County Airport Authority (the Recipient) owner of Immokalee Regional
Airport.
Recitals
The Florida Airports Council Education Foundation (the Foundation), a SOl C (3) Not-For-Profit
subsidiary of the Florida Airports Council, issues Internship Grants to F AC-member airports to help
provide work experience for students interested in pursuing careers in airport management. Grants in
amounts of up to $S,OOO are awarded to airports that demonstrate a desire to employ and supervise an
intern and in need of financial assistance.
To qualify for this grant, the intern must be attending, or recently (within one year) ,,'faduated from, a
college or university with an emphasis on airport/aviation management, operations, or a closely-related
field and unrelated to any member of the airport management or authority. All applications are reviewed
by a selection committee consisting of members of the Florida Airports Council Board of Directors.
Selections are made on a non-discriminatory basis.
The Selection Committee met in April of 2006 and, based on the application submitted by Immokalee
Regional Airport, is offering a $S,OOO Grant to Collier County Airport Authority.
1. Duties of Foundation
The Foundation agrees to provide funding in the amount of $5,000 to Recipient to employ an intern at
Immokalee Regional Airport for the summer of 2007. This want shall be used to pay the intern a
salary and to provide housing and/or cover transportation expenses during the internship. The ,,'fant
will be issued to the Collier County Airport Authority, and not directly to the student. The Foundation
is not responsible for supervision of intern and the intern is not an employee of the Florida Airports
Councilor the Foundation.
2. Duties of Recipient
The Recipient recognizes that in addition to providing staff assistance for the airport, the purpose of
the grant is to provide on-the-job experience for the student. The Recipient is responsible for
providing direct supervision of the intern at all times. The Recipient will provide a financial report at
the end of the Internship on how grant funds were expended. Any grant funds not expended must be
returned to the Foundation for re-allocation to other/future internships.
r
It.o.r'Yl "I, 1h~R
.JUI_le IL, L.UI,JI
Page 4 of 5
The Recipient will require the intern to write a paper at the end of the internship period, detailing
work assigned, work accomplished, details of the internship, and any recommendations on how to
improve the program in the future. A copy of this paper shall be provided to the Foundation no later
than 30 days after the internship has been completed.
FLORIDA AIRPORTS COUNCIL
EDUCATION FOUNDATION, INC.
COLLIER COUNTY AIRPORT
AUTHORITY
Jeny L. Allen, AAE, President
By:
Date:
Date:
+ + +
Agenda Item No. 16G6
June 12, 2007
Page 5 of 5
RESOLUTION NO. 07-15
. RESOLUTION OF THE COLLIER COUNTY AIRPORT AUTHORITY
RECOMMENDING THAT THE COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS ACCEPT AND AUTHORIZE ITS CHAIRMAN TO EXECUTE A
$5,000 GRANT AGREEMENT FROM THE FLORIDA AIRPORTS COUNCIL (FAC)
TO PROVIDE WAGES, LIVING ASSISTANCE AND/OR TRANSPORTATION
EXPENSES FOR ONE (1) INTERN DURING THE SUMMER OF 2007 AT THE
IMMOKALEE REGIONAL AIRPORT, CONTINGENT UPON HUMAN RESOURCES
POLICIES AND PROCEDURES.
WHEREAS, the Collier County Airport Authority (Authority) has applied for, and has
been offered, a Florida Airport Council (F AC) grant in the amount of $5,000 to provide wages,
living assistance, and/or transportation expenses for one (l) intern during the Summer of 2007 at
the Irnmokalee Regional Airport; and
WHEREAS, the purpose of this $5,000 FAC grant is to provide work experience for
students interested in pursuing careers in airport management and who are in need of financial
assistance. Each intern must be attending, or recently (within one year) graduated from, a
college or university with a curriculum emphasis on airport/aviation management, operations, or
a closely-related field of study; and
.
WHEREAS, this Summer the Airport Authority desires to employ and supervise one (I)
intern to assist the Authority's staff with tasks at the Immokalee Regional Airport that are
compatible with the intern's undergraduate studies and the intern's experience.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE COLLIER COUNTY
AIRPORT AUTHORITY that the Collier County Airport Authority recommends that the
Board of County Commissioners accept and authorize its Chairman to execute the subject grant
agreement between Collier County and the Florida Airports Council in the amount of $5,000 to
provide wages, living assistance and/or transportation expenses for one (1) intern during the
Summer of 2007 at the Immokalee Regional Airport, contingent upon Human Resources policies
and procedures.
PASSED AND DULY ADOPTED by affirmative majority vote of the Collier County
Airport Authority this 14th day of Mav. 2007.
COLLIER COUNTY AIRPORT AUTHORITY
COLLIER COUNTY, FLORIDA
By: ri:J
Stephen 1. Price, Chairman
.
Approved as to form and legal sufficiency
~\^^ ~~
Tom Pal er:Assistant County Attorney
Y:\Administration\AA Board\Resolutions\Res 07 ~ 15 - F AC Grant IMM Intern Tom Palmer's recommended amended DRAFT 5-8-07.doc
EXECUTIVE SUMMARY
Agenda Item No. 16G7
June 12, 2007
Page 1 of 9
Recommendation from the Collier County Airport Authority that pursuant to Section
125.38, Florida Statutes, the Board of County Commissioners approve and authorize
its Chairman to execute the attached Resolution and authorize the Authority's
Executive Director to negotiate, and bring back to the Board for its approval, an
agreed-upon twenty-five (25) year sub-lease agreement with the Florida Army National
Guard to sub-lease a twenty-five (25) acre parcel of land at the Immokalee Regional
Airport on which the National Guard will construct its Readiness Center (National
Guard Armory).
OBJECTIVE: That the Collier County Board of County Commissioners (BCC) approve and
authorize its Chairman to execute the attached BCC Resolution, and authorize the Airport
Authority's Executive Director to negotiate, and bring back to the Board for its approval, an
agreed-upon twenty-five (25) year sub-lease agreement with the Florida Army National Guard
(National Guard) for a twenty-five (25) acre parcel of land at the Immokalee Regional Airport
whereon the National Guard will promise to construct its Readiness Center (National Guard
Armory).
CONSIDERATIONS: The National Guard proposes to occupy the subject twenty-five (25)
acre parcel of land at the Immokalee Regional Airport under a rent free sub-lease, because
its appropriated funding does not allow for payment of any such rent, or to purchase the land
Section 125.38, Florida Statutes, reads in relevant part:
If ... the state [of Florida] or any political subdivision or agency thereof, .. .should desire any
real.... property that may be owned by any county of this state or by its board of county
commissioners, for public or community interest and welfare, then the ... state or such
political subdivision [or] agency... may apply to the board of county commissioners for a
conveyance or lease of such property. Such board, if satisfied that such property is required
for such use and is not needed for county purposes, may thereupon conveyor lease the
same at private sale to the applicant for such price, whether nominal or otherwise, as such
board may fix, regardless of the actual value of such property. The fact of such application
being made, the purpose for which such property is to be used, and the price or rent therefor
shall be set out in a resolution duly adopted by such board. In the case of a lease, the term of
such lease shall be recited in such resolution. No advertisement shall be required.
The Florida Army National Guard consists of members of the Army Militia within the Florida
Department of Military Affairs created by Section 250.05, Florida Statutes, which is an agency
of Florida's government.
The envisioned twenty-five (25) acre parcel of land is not being sought after as a sub-leased
parcel by any other prospective tenant, is not needed for any county purpose, and is required
by the National Guard.
It is anticipated that the activities and operations that will be created by the presence of the
National Guard Armory on this twenty-five (25) acre parcel of land at the Immokalee Airport
will have many positive and beneficial impacts to the Airport, to the community of Immokalee
and to Collier County by creating recruiting, education and training support positions and by
bringing to the community an Army unit that operates some of the most advanced military
Agenda Item No. 16G7
JUrle 12, 2007
Page 2 of 9
equipment in support of federal missions. Additionally, it will bring Soldiers postured to
respond to the Governor's call to State Active Duty in response to emergencies or natural
disasters to Collier County, which could include aviation related activities such as aircraft
transport rescue and evacuation missions and readiness operations, including hurricane
preparedness and supply delivery by aircraft.
Notwithstanding Section 125.38, Florida Statutes, this proposed sub-lease land agreement is
subject to approval from the Federal Aviation Administration (FAA). FAA regulations require
that the Airport Authority receive fair market value (FMV) rent for this sub-lease. The BCC
loans money to the Airport Authority to enable it to operate the Immokalee Airport. The
Authority, when it becomes financially able to do so, must repay the loaned money back to
the BCC. After the loaned money is repaid to the BCC, the Authority may keep its retained
earrings (profits) to operate the Immokalee Airport. Therefore, to the extent that such loan
balance is waived by the BCC, the earlier in time the Authority will be able to keep its profits
and expend those profits at the Immokalee Airport. To accomplish this end result, it is
recommended that the BCC waive the Authority's debt to the BCC by only the FMV rents that
are to be imputed to the National Guard each sub-lease year in lieu of the Authority receiving
those rent payments.
FISCAL IMPACT: The Airport Authority's debt owed to Collier County would be reduced by
the then on-going current fair market value rent for this sub-leased twenty-five (25) acre
parcel of land, which imputed rents are and shall remain subject to five (5) year rent
escalation provisions in the sub-lease.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with the Board's approval of the Authority's requests.
RECOMMENDATION: That the Collier County Board of County Commissioners approve
and authorize its Chairman to sign the attached BCC Resolution, and authorize the Airport's
Executive Director to negotiate, and bring back to the BCC for its approval, an agreed-upon
twenty-five (25) year sub-lease between the Airport Authority and the Florida Army National
Guard for twenty-five (25) acres of land at the Immokalee Regional Airport, whereby the
National Guard promises to thereon construct its Readiness Center (National Guard Armory).
Prepared by Theresa M. Cook, Executive Director, Collier County Airport Authority.
ttem Number:
Item Summary:
Meeting Date:
Page 1 of 1
Agenda Item No. 16G7
June 12, 2007
Page 3 of9
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16G7
RecommendatJon from the Collier County Airport Authority that pursuant to SectIOn 12538,
Flenda Statutes. the Eoard of County Commissioners approve and authorize its Chairman 10
execute the attached Resolution and authorize the Authority's Executive Director to
negotiate, and bring back to the Soard fer its approval, an agreed-upon twenty-five (25) year
sub-lease agreement with the Florida Army National Guard to sub-le<1se a twenty-live (25:1
acre parcel of land at the IiTlmokalee Regional Airport on whiCh the National Guard will
construct Its Readiness Csnter (National Guard Armory)
6!12/20079 00:00AM
Date
Prepared By
DebrllSrueggeman
County Manager's Office
AdministrativeAssistant
Airport Authorfty
5/29/20073:0H:37PM
Dale
Approved By
Theresa M.Cook
County Man<lger'~ Office
Executive Director
Airport Authority
5/29/20073:13 PM
D,"
Approved By
Thomas Palmer
County Atlorney
Assistant County Attorney
County Atlorney Qffiee
5f30f200712:1JPM
Date
Approved Uy
OMS Coordinator
County Manager's Office
OMBCoordin<ltor
Office of Management 8. Budget
6/1i20079:42AM
D,"
Approved By
Randy Greenwald
County Manager's Office
ManagementlBudgetAnatyst
Office of Management 8. Budget
6/1i20073;03PM
D<lte
Approved By
Michael Smykowski
Coun!y Manager's Office
Management & Budget Director
Qffice of Managemenl & Budget
6/4/20079:15 AM
Date
Approved By
James V_ Mudd
Board of County
Commissioners
County Manager
CQuntyManager's Office
6/41200711,26 AM
file:/IC:\AgendflTest\F.xnort\R4-Jllne%?Ol? %?07007\ 1 n %?OrONSFNTOIo?OAGF\JnA\tM.
nlnn007
Agenda Item No. 16G7
JUrle 12,2007
Page 4 of 9
RESOLUTION NO. 2007 -
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, FINDING THAT THIS BOARD IS AUTHORIZED BY SECTION
125.38, FLORIDA STATUTES, TO SUB-LEASE TO THE FLORIDA ARMY NATIONAL
GUARD, A TWENTY-FIVE (25) ACRE PARCEL OF LAND, MORE OR LESS, AT THE
IMMOKALEE AIRPORT FOR A TERM OF TWENTY-FIVE (25) YEARS AT NOMINAL
RENT; THAT SUCH USE BY THE NATIONAL GUARD WILL SERVE A PUBLIC OR
COMMUNITY INTEREST AND WELFARE; THAT THIS LAND IS NOT NEEDED FOR
COUNTY PURPOSES; THAT THE PURPOSE FOR WHICH THE LAND IS TO BE SUB-
LEASED IS FOR THE NATIONAL GUARD TO CONSTRUCT AND OPERATE ITS
READINESS CENTER (ARMORY); ALSO TO AUTHORIZE THE AUTHORITY'S
EXECUTIVE DIRECTOR TO NEGOTIATE, AND BRING BACK TO THE BOARD FOR
ITS APPROVAL, THE AGREED-UPON SUB-LEASE; ALSO, ALTHOUGH THE
NATIONAL GUARD SHALL PAY ONLY A NOMINAL RENT, ALL FAIR MARKET
VAULE RENT SHALL BE IMPUTED TO THE NATIONAL GUARD AND THE IMPUTED
RENT SHALL BE WAIVED FROM THE MONEY LOANED BY THE BOARD TO THE
AIRPORT AUTHORITY TO OPERATE THE IMMOKALEE AIRPORT.
WHEREAS, the Florida Army National Guard (National Guard) has requested to sub-lease
a twenty-five (25) acre parcel of land, more or less, at the Immokalee Regional Airport
(Airport) under a nominal rent sub-lease agreement because its appropriated funding does
not allow payment of more than nominal rent; and
WHEREAS, The Collier County Airport Authority (Authority) is recommending that this
Board authorize the Authority's Executive Director to negotiate, and bring back to the
Board for its approval, an agreed-upon 25-year sub-lease agreement with National Guard
for a twenty-five (25) acre parcel of land, more or less, at the Immokalee Regional Airport
whereon the National Guard will promise in the sub-lease agreement to construct its
Readiness Center (National Guard Armory); and
WHEREAS, Section 125.38, Florida Statutes, reads in relevant part:
If... the state [of Florida) or any political subdivision or agency thereof, .. .should desire
any real.... property that may be owned by any county of this state or by its board of
county commissioners, for public or community interest and welfare, then the... state or
such political subdivision [or] agency... may apply to the board of county commissioners
for a conveyance or lease of such property. Such board, if satisfied that such property is
required for such use and is not needed for county purposes, may thereupon conveyor
lease the same at private sale to the applicant for such price, whether nominal or
otherwise, as such board may fix, regardless of the actual value of such property. The fact
of such application being made, the purpose for which such property is to be used, and the
price or rent therefor shall be set out in a resolution duly adopted by such board. In case of
a lease, the term of such lease shall be recited in such resolution. No advertisement shall
be required; and
WHEREAS, the National Guard consists of members of the Army Militia within the Florida
Department of Military Affairs created by Section 250.05, Florida Statutes, as an agency of
Florida's government; and
r
Agenda Item No. 16G7
June 12, 2007
Page 5 of9
WHEREAS, the envisioned twenty-five (25) acre parcel of land is not being sought after as
a sub-leased parcel by any other prospective tenant, is not needed for any county purpose
and is required by the National Guard to construct and operate its Armory; and
WHEREAS, it is anticipated that the activities and operations that will be created by the
presence of the National Guard Armory on this 25-acre parcel of land at the Immokalee
Airport will have many positive and beneficial impacts to the Airport, to the community of
Immokalee, and to Collier County by creating recruiting, education and training support
positions and by bringing to the community an Army unit that operates some of the most
advanced military equipment in support of federal missions. Additionally, it will bring
Soldiers postured to respond to the Governor's call to State Active Duty in response to
emergencies or natural disasters to Collier County, which could include aviation related
activities such as aircraft transport rescue and evacuation missions and readiness
operations, including hurricane preparedness and supply delivery by aircraft; and
WHEREAS, notwithstanding Section 125.38, Florida Statutes, this proposed sub-lease
land agreement is subject to approval from the Federal Aviation Administration (FAA); and
WHEREAS, FAA regulations require that the Airport Authority receive fair market value
(FMV) rent for this sub-leased acreage; and
WHEREAS, the BCC loans money to the Authority to enable it to operate the Airport; and
WHEREAS, when it becomes financially able to do so, the Authority must repay the loaned
money back to the BCC. After the loaned money is repaid to the BCC, the Authority may
keep its retained earrings (profits) to operate the Airport. Therefore, to the extent that such
loan balance is waived by the BCC, the earlier in time the Authority will be able to keep its
profits and expend those profits at the Airport. To accomplish this end result it is
recommended that the BCC waive the Authority's debt to the BCC by only the FMV rents
that are to be imputed to the National Guard each sub-lease year in lieu of those rent
payments.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. That the Florida Army National Guard consists of members of the Army
Militia and is within the Florida Department of Military Affairs created by Section 250.05,
Florida Statutes, as an agency of Florida's government eligible to sub-lease the subject
land at nominal rent; (Compare Florida AGO 081-11).
2. The purpose of the agreement is to sub-lease to the National Guard a
twenty-five (25) acre parcel of land, more or less, at the Immokalee Airport for a term of
twenty-five (25) years at nominal rent, and upon said land the National Guard shall
construct and operate its Readiness Center (Armory).
3. That use by the National Guard to construct and operate its Armory on the
subject land will serve a public or community interest and welfare; and this parcel of land is
not needed for county purposes.
Agenda Item No. 16G7
JUrle 12, 2007
Page 6 019
4. That the Authority's Executive Director is authorized to negotiate, and bring
back to this Board for its approval, the agreed-upon 25-year sub-lease agreement.
5. That the BCC, subject to approval from the Federal Aviation Administration of
the proposed sub-lease agreement, shall waive the Authority's debt repayable to the BCC
by the fair market value rents that, but for Section 125.38, Florida Statutes, would be
payable from the National Guard, all of which rent shall be imputed to the National Guard
each sub-lease year in lieu of payment of such rent.
This Resolution is adopted after motion, second and majority vote favoring adoption
this day of June 2007.
ATTEST
Dwight E. Brock, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By
By:
Deputy Clerk
James Coletta, Chairman
Approved as to form and legal sufficiency:
By:
Thomas C. Palmer, Assistant County Attorney
Agenda Item No. 16G7
June 12, 2007
Page 7 of 9
COLLIER COUNTY AIRPORT AUTHORITY
MINUTES OF REGULAR MONDAY, MAY 14, 2007 MEETING
MEMBERS Steve Price Byron Meade
PRESENT: Michael Klein
STAFF: Theresa Cook Bob Tweedie
Tom Palmer
PUBLIC: Joan Yasharian
Gene Schmidt
Dave Gardner
Debi Mueller
Debbie Brueggeman
I. MEETING CALLED TO ORDER
Meeting called to order at I :00 p.m. A quorum was present throughout the meeting.
III. APPROVAL OF AGENDA
Prior to approving the agenda, agenda item IV "Approval of Agenda" was moved up to item
Ill, and agenda item III "Election of Officers" moved to item IV.
Mr. Meade then made a motion to approve the agenda, as amended. Mr. Klein seconded, and
the agenda, as amended, was approved by a 5-0 vote.
IV. ELECTION OF OFFICERS - VICE CHAIRMAN AND SECRETARY
To fill vacancies created by the resignations of Mr. Richard Schmidt and Mr. Jim Peterka, the
Authority voted unanimously at the April 9, 2007 meeting to elect a Vice-Chairman and a
Secretary at the May 14, 2007 meeting.
The only individual nominated for Vice-Chairman was Mr. Meade. Mr. Klein was the only
individual nominated for Secretary. Mr. Gardner made a motion to close the nominations.
Mr. Schmidt seconded, and Mr. Meade was announced Vice Chairman by acclamation, and
Mr. Klein was announced Secretary by acclamation.
V. APPROVAL OF MINUTES
The April 9, 2007 Minutes of the Authority were unanimously approved, after motion to
accept by Mr. Schmidt, seconded by Mr. Meade.
VI. FINANCE REPORT FOR QUARTER ENDED MARCH 31, 2007
Ms. Mueller indicated that the finance report contained two graphs for Jet-A fuel at the
Immokalee Regional Airport. One chart includes all Jet-A fuel sales at Immokalee, the other
excludes sales to Fletcher for the crop dusting operations. She also pointed out that
Everglades A-gas fuel sales for March 2007 are actually about 1,000 gallons more than shown
in the report because of issues at the Everglades fuel fann that are still being resolved, and
- 2 -
Agenda Item No. 16G7
June 12, 2007
Page 8 of 9
that Jet-A sales at the Marco Island Executive Airport exceeded those for the same quarter last
year, and are continuing to do so. No action required.
VII. WORK ORDER/AGREEMENTS STATUS REPORT
The work order status report provides an update of the outstanding Hole Montes and URS
work orders and other Authority contracts/agreements, including payments made to date. No
action required
VIII. EXECUTIVE DIRECTOR'S REPORT
Ms. Cook provided updates on the following:
Florida Army National Guard Reserve. The Florida Army National Guard (National Guard)
has expressed interest leasing twenty- five (25) acres at the Immokalee Regional Airport for
the construction of a Readiness Center (Armory). However, the National Guard is not
permitted to make monetary payment for leasing or purchasing land for development.
Therefore, the actual Fair Market Value (FMV) lease payment required by the Authority
would have to be as an in-kind service or some other negotiated agreement that would satisfy
Federal Aviation Administration requirements. It was suggested that, as compensation for
this sub-leased parcel, the County reduce the Authority's debt by the current FVM each year
ofthe lease term. Mr. Schmidt made a motion to support having the Authority's Executive
Director continue to pursue a sub-lease agreement with the National Guard, and the concept
that the Authority receive compensation for the sub-lease of land at the lmmokalee Airport to
the National Guard through debt relief from Collier County. Mr. Meade seconded, and the
motions passed unanimously.
Hole Montes, Inc. Ms. Cook shared a letter with the Authority that was sent to Hole Montes,
Inc. regarding the Authority's dissatisfaction with the quality of Hole Montes, Inc. work on
several projects, and recommending that Hole Montes should be required to reimburse Collier
County for errors corrected by the Authority in work provided by Hole Montes, and for funds
paid by the Authority for unacceptable products. This generated substantial discussion which
concluded that Legal, Purchasing, and the Authority's Executive Director should continue to
manage this issue at this time.
Rookery Bav Mitigation. Phase 11 has one hundred percent funding. A bid award letter will
be sent to Environmental Quality, and Phase II will start ASAP. Phase I will not be ready for
about another month.
Immokalee Regional Airport. Taxiway "C" is expected to close-out within about a month.
The testing on the asphalt and change order are being completed currently. URS has
submitted the Site Development Plan for Salazar Machine & Steel, Inc, and has received its
ten (10) day response.
Everglades Hangars. URS is going to handle the design and build and estimates that it will
take approximately six (6) months to complete.
Y:'lAdministrationIA.A Board',Minutes't05-14-U7 minutes.doc
r
- 3 -
Agenda Item No. 16G7
June 12, 2007
Page 9 of 9
Marco Island Executive Airport. The Master Plan "Kick-Off' meeting is scheduled for May
31 at 9:30 A.M.
IX. NEW BUSINESS
A. Mr. Schmidt made a motion to approve Resolution 07-13 awarding to and authorizing the
Authority's Chairman to execute a contract in the amount of$588,698.74 with the lowest,
qualified, responsive bidder, Quality Enterprises USA, Inc. for Bid Number 07-4129
Phase I Lake construction at the Immokalee Regional Airport, contingent upon United
States Department of Agriculture and Florida Office of Tourism, Trade and Economic
Development concurrence. Mr. Meade seconded, and Resolution No. 07-13 was approved
unanimously.
B. Mr. Schmidt made a motion to approve Resolution No. 07-14 recommending that the
Collier County Board of County Commissioners accept and authorize its Chairman to
execute a $5,000 grant agreement from the Florida Airports Council (F AC) to provide
wages, living assistance and/or transportation expenses for one (1) intern during the
summer of 2007 at the Marco Island Executive Airport, contingent upon Human
Resources policies and procedures. Mr. Meade seconded, and Resolution No. 07-14 was
approved unanimously.
C. Mr. Schmidt made a motion to approve Resolution No. 07-] 5 recommending that the
Collier County Board of County Commissioners accept and authorize its Chairman to
execute a $5,000 grant agreement from the Florida Airports Council (F AC) to provide
wages, living assistance and/or transportation expenses for one (I) intern during the
summer of2007 at the Immokalee Regional Airport, contingent upon Human Resources
policies and procedures. Mr. Meade seconded, and Resolution No. 07-15 was approved
unanimously.
D. Mr. Meade made a motion to approve Resolution 07-16 approving and authorizing the
Authority's Chairman to execute Work Order #URS-FT-3889-07-01 with URS for the
sum $127,300 for Phase I and Phase II airport mitigation at Rookery Bay for the Marco
Island Executive Airport taxiway. Mr. Schmidt seconded, and Resolution No. 07-16 was
approved unanimously.
E. Mr. Meade made a motion to approve Resolution 07-17 approving and authorizing the
Authority's Chairman to execute Work Order #URS-FT-3889-07-02 with URS for the
sum $13,040 to provide a lake construction survey and for contract administration services
for the layout of Phase I Lake at the Immokalee Regional Airport. Mr. Schmidt seconded,
and Resolution No. 07-17 was approved unanimously.
IX. ADJOURNMENT
The meeting was adjourned "without objection."
Y: \AdministrationlAA BoardlMinutes\05-J4-07 minutes. doc
Agenda Item No. 16G8
June 12, 2007
Page 1 of 5
EXECUTIVE SUMMARY
Approve a budget amendment for $208,000 to increase revenues and
expenses for the sale and purchase of aviation fuel at the Marco Island
Executive Airport and the Immokalee Regional Airport.
OBJECTIVE: To acquire approval of a budget amendment to receive and spend
additional funds for the sale and purchase of Jet A aviation fuel because of an
increase in sales of aviation fuel, and purchase cost per gallon of aviation fuel.
CONSIDERATIONS: Increased sales in general and sales to various teams of
firefighters battling wildfires have increased the demand for fuel at the Marco
Island Executive Airport. In preparing the FY07 budget, the number of Jet A fuel
gallons budgeted to be sold at Marco Island Executive Airport was 365,055.
Thus far this year 338,361 gallons have been sold. The average cost per gallon
of Jet A fuel for Marco Island Executive Airport was budgeted to be $2.29. Thus
far this year, the cost per gallon has been averaging $2.36, however in the last
two months there has been a sharp increase in fuel costs, which are now
hovering near $2.60 per gallon.
Due to the combination of increased fuel costs and increased demand it is
anticipated that an additional 24,000 gallons at $2.60 per gallon ($62,400) will be
needed for the balance of the fiscal year at the Marco Island Executive Airport.
In preparing the FY07 budget, the number of Jet A fuel gallons budgeted to be
sold at the Immokalee Regional Airport was 19,587. In January 2007 a budget
amendment was approved by the Collier County Board of County
Commissioners which increased the budgeted gallons to be sold from 19,587 to
59,587. Thus far this year 50,388 gallons have been sold. Several teams of
firefighters battling wildfires are now working out of the Immokalee Regional
Airport increasing the demand for fuel. The average cost per gallon of Jet A fuel
for Immokalee Regional Airport was budgeted to be $2.29. Thus far this year,
the cost per gallon has been averaging $2.48, however in the last two months
there has been a sharp increase in fuel costs, which are now hovering near
$2.60 per gallon.
Due to the combination of increased fuel prices and increased demand it is
anticipated that an additional 56,000 gallons at $2.60 per gallon ($145,600) will
be needed for the balance of the fiscal year at the Immokalee Regional Airport.
For every dollar increase in the cost of fuel, there is a corresponding dollar-for-
dollar increase in the selling price. The markup on fuel sales is a fixed amount
Agenda Item No. 16G8
June 12, 2007
Page 2 of 5
per gallon. This means that the increase in the cost of fuel purchases is offset by
an increase in the amounts received for fuel sales.
FISCAL IMPACT: The fiscal impact of this budget amendment request for
Airport Authority Fund (495) nets to zero. The budget for Jet A Fuel Expense will
be increased by $208,000. The revenue budget for Airport Jet A Fuel will be
increased by $208,000.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact
associated with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners approve a
budget amendment for $208,000 to increase the budgeted revenues and
budgeted expenses for the sale and purchase of aviation fuel at Marco Island
Executive Airport and the Immokalee Regional Airport.
Prepared by Debi Mueller, Office Manager, Collier County Airport Authority
Item Number:
Item Summary:
Meeting Date:
Page 1 of I
Agenda Item No. 16G8
June 12, 2007
Page 3 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16G8
Approve a buclgelamenclmentforS208,OOOto Increase revenues and expenses for the sale
and purchase of aviation fuel at the Marco Island Executive Airpo rt and the Immokalee
Regional Airport.
6/121200790000AM
D,,.
Prepared By
Debi Mueller
County Manager'soolee
Account Technican
Airport Authority
5131/200711:J6:02AM
D.,.
Approved By
Theresa M. Cook
County Manager's Office
Executive Direelor
Airport Authority
5131/20073:30 PM
Dllte
Approved By
OMBCoordinntor
County Mallager'sOfficll
OMS Coordinator
Office of Management & Budget
6/1/20079:52AM
D,,.
Approved By
Randy Greenwald
County Manager'sOmee
MlInagemenUBudgct Analyst
Office of Management & Budget
61t/200? 2:56 PM
Date
Approvcd By
Michael Smykowski
County Manager's Office
Management & Budget Director
Offiee of Management & Budget
6/4/20071:05PM
Date
Approved By
JamesV. Mudd
Board of County
Commissioners
County Manager
County Manager'sOffiee
614120072:31 PM
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Agenda Item No. 16G8
June 12, 2007
Page 4 of 5
BUDGET AMENDMENT REQUEST
For Budget/Finance Use Only
BA#..
JE#..
BAR#..
A.P.H.Date.. .
495
Fund Number
Airport Authority
Fund Description
Date Prepared: 5/29/07
Approved by BCC on:
Attach Executive Summary
Item No.:
Fund Center Title:
WBS Element Title:
Expense Budget Detail
IMM Regional Airport
Fd CtrNo.: 192330
WBS No.:
(Provide the Fund Center or WBS clement infonnation; it is not required to provide both.)
Fund WBS Commit Commitment Item Increase Current Revised
Center Element Item Description (Decrease) Bud\!et Bud!!et
192330 642416 Jet A Fuel Expense $145,600 $136,300 $281,900
Net Change to Budget $145,600
Fund Center Title:
WBS Element Title:
Expense Budget Detail
Marco Island Executive Airport
Fd Ctr No.: 192370
WBS No.:
(Provide the Fund Center or WRS element infonnation; it is not required to provide both.l
Fund WBS Commit Commitment Item Increase Current Revised
Center Element Item Description (Decrease) Budget Budget
192370 642416 Jet A Fuel Expense $62,400 $836,000 $898,400
Net Change to Budget $62,400
Fund Center Title:
WBS Element Title:
Revenue Budget Detail
IMM Regional Airport
Fd CtrNo.: 192330
WBS No.:
(Provide the Fund Center or WBS element infonnation; it is not reouired to Drovide both.)
Fund WBS Commit Commitment Item Increase Current Revised
Center Element Item Description (Decrease) Bud!!et Bud!!et
192330 344260 Airport Jet A $145,600 $155,600 $301,200
Net Change to Budget $145,600
.
Agenda Item No. 16G8
June 12, 2007
Page 5 of 5
Fund Center Title:
WBS Element Title:
Revenue Budget Detail
Marco Island Executive Airport
Fd Ctr No.: 192370
WBS No.:
(Provide the Fund Center or WBS element information; it is not reouired to rovide both.)
Fund WBS Commit Commitment Item Increase Current Revised
Center Element Item Descrintion (Decrease) Budl!et Budl!:et
192370 344260 Airport Jet A $62,400 $1,407,500 $1,469,900
Net Change to Budget $62,400
EXPLANA nON
Why are funds needed? No additional funds are needed. The revenues derived from additional
sales will offset the cost of additional fuel purchases.
Where are funds available? N/A
REVIEW PROCESS
DATE I
Cost Center Director:
Division Administrator:
Budl!:et Department:
Aoency Manal!:er:
Finance Department:
Clerk of Board Admin.:
Input by:
B.A. No.:
Agenda Item No. 16H1
June 12, 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 detem1ined that attendance at the functions of fraternal, business,
environmental, educational, charitable, social, professional, trade, homeowners, ethnic,
and civic association/organizations serves a valid public purpose, provided that said
functions reasonably relate to Collier County matters.
COMMISSIONER: Tom Henning
FUNCTION/EVENT: 2007 Paradise Coast Tourism Star Awards and 5th Annual
Collier County Tourism Week Celebration
PUBLIC PURPOSE: To honor the awardees of the 2007 Star A wards and receive the
tourism industry's annual update.
DATE OF FUNCTION/EVENT: Wednesday, May 16,2007 at 11:00 a.m. at The Ritz
Carlton Golf Resort, Naples, FL
FISCAL IMPACT: $30.00 Funds to be paid from Commissioner's travel budget.
RECOMMENDA TION: That the Board of County Commissioners, in accordance with
Resolution No. 99-410, approve payment by the Clerk for Commissioner Tom Henning
to attend function serving a valid public purpose.
PREPARED BY: Sam Tucker, Executive Aide to BCC
APPROVED BY: Sue Filson, Executive Manager to BCC
AGENDA DATE: June 12,2007
Page] of 1
P,gF,nd,J Item f>.lo
June 12.
Pa~i8 2 of ,j
COLLIER COVNTY
BOARD OF COUNTY COMMISSIONERS
llemNumber:
Item Summary:
16,11
::';OrTifY1!SSloner hennmg requests Board approvai for payment to atu'rd alunction serving a
W)I,d put lie pUll't'Se Cummissioner Hennln'; atiendod Ille :2007 Pala1ise Coast Tou(sm StOIc
,;\wards end 5H' i,nllual Colirer CQunty Touri~;ITl Week, CeleDlatian Dn May 16, ;'(){j7 al The
Ritz C.arlton Colt Rosort t1aj)les, FL S3U 00 to be Db,a from Commlsc,lOner Herming's travel
bu(jqet
Meeting Date:
S112i;200 . ,I ()C,~JO /0..'1.1
l'rcJlarl'dBy
SarnTuckm
Executive Aide to the 8CC
Dnte
Board ofCounly
Comm,ssioner,;
BCCOfficc
5n512807 24~47 PM
ApprowdBy
Sue Fibon
Executive. Managln to the BCC
Uate
Board ofCounly
Co'nmis<;ioners
Bce Off;ce
511,,/2007 J5( PM
ApprOVl'd By
JarnesV, Mudd
County Manager
Date
Board of County
Commissioners
C"unly Manager', Off,rc
5/::Si2007 9:37 AM
file:! 1C:\Agcnda T esl\Export\84-JLlne~~;)20 12. ~/o202007\ 16, %2UCONSENT%20AGFNDA \ 16H. 6/6/2007
Agenda Item 1\10. 16H1
.June 12, 2007
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Agenda Item No. 16 H2
June 12, 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: Tom Henning
FUNCTION/EVENT: The French Legion of Honor/Collier County Veterans Council
award ceremony and luncheon.
PUBLIC PURPOSE: To celebrate and honor 40 Veterans of World War II who
participated in the liberation of France during the Second World War.
DATE OF FUNCTION/EVENT: Wednesday, June 6, 2007 at 11:00 a.m. at The Hilton
Naples, 5111 Tamiami Trail North, Naples, FL.
FISCAL IMPACT: $29.00 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 Tom Henning
to attend function serving a valid public purpose.
PREPARED BY: Sam Tucker, Executive Aide to BCC
APPROVED BY: Sue Filson, Executive Manager to BCC
AGENDA DATE: June 12,2007
Page 10ft
Agenda Item No, 16H2
June 12, 2007
Page 2 of 3
COLLIER COUNTY
BOARD OF COUNTY' COMMISSIONERS
Item Number:
Item Summary:
16H2
Meeting Date:
Commissioner Henning requests 80ard approval for payment to attend a function serving a
valid public purpose Commissioner Henning attended The French Legion of Honor/Collier
County Veferans Council award ceremony and lunCheon on June 6, 2007 at The Hillon
Naples, Naples, FL. $29.00 to be paid from Commissioner Henning's travel budget
6/12120079.00:00A.M
Prepared By
Sam Tucker
Executive Aide to the BCC
Date
Board of County
eommis5ioners
Bce Office
5/15/20072:48:5f>PM
Approved By
Sue Filson
Executive Manager to the BCe
Date
Board of County
Commissioners
BCCOtrico
5/15120073A9PM
Approved By
JamesV. Mudd
CounlyManager
Date
Board of County
Commissioners
County Manager's Office
5129120079:08AM
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Agenda 11em No. 16H3
June 12, 2007
Page 1 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16H3
Meeting Date:
Proclamation designatmg June 29 "July 5, 2007 as National Clear1 Beaches Week. To be
mailed to Mr. Waltal McLeod, Board of Directors and Advisors, Claan Beaclles Council,
Washington, DC
6112!2007 [, 00:00AM
Prepared By
Li!Oa Rasnick
Executive Aide to the BCe
Date
Board of County
Commissioners
BCCOtlica
SI2212007923:59AM
Approved By
Sue Filson
executive Manager to the BCC
D~,
Board of County
Commissioners
BCCOffice
5/23i20077:54AM
Approved By
JamllsV Mudd
County Manager
Date
BoardotCounty
Commissioners
County Manager'sot/ice
5129120018:58 AM
,,,,--
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Agenda Item No. 16H3
June 12, 2007
Page 2 of 2
PROCLAMATION
WHEREAS, the Clean Beaches Council, as part of Great Outdoors
Month, has designated the week beginning June 29, 2007 as
National Clean Beaches Week; and,
WHeReAS, beaches represent a critical part of our natural heritage and
a beautiful part of the American landscape; and,
WHEREAS, beaches are sensitive ecosystems, susceptible to degradation
and alteration from pollution, sea level rise, natural forces,
untreated sewage, and improper use; and,
WHEREAS, communities and government have undertaken significant
measures to keep beaches clean and healthy; and,
WHEReAS, Americans make over 2 billion annual trips to the ocean,
gulf, and inland beaches and contribute significant resources
to the local, state and national economies; and,
WHEREAS, 75% of all recreational activity occurs within a half mile
corridor around the shorelines of our beaches, rivers, and
lakes; and,
WHEREAS, coastal tourism and healthy, fresh seafood fuels robust
economies, sustaining communities and supporting jobs along
the coastal U. S.
NOW THeREFORe, be it proclaimed by the Board of County
Commissioners of Collier County, Florida, that June 29 to
July 5, 2007 be designated as
NATIONAL CLeAN BeACHES WEEK
and encourage all Collier County residents to visit, enjoy,
and protect our greatest natural resource.
DONE AND ORDERED THIS 12th Day of June, 2007.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
JAMES COLETTA, CHAIRMAN
ATTEST:
DWIGHT E. BROct(, CLERK
Agenda Item No. 16H4
June 12, 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
associations/organizations serves a valid public purpose, provided that said functions reasonably
relate to Collier County matters.
COMMISSIONER: Frank Halas
FUNCTIONfEVENT: Economic Development Council luncheon at Florida Gulf Coast
University, welcoming a Chinese delegation, interested in meeting with government officials in
Florida for the purpose of promoting cooperative relations between Jiangsu Province and the
State of Florida.
PUBLIC PURPOSE: Meet and interact with Chinese delegation for the purpose of promoting
cooperative relations between Jiangsu Province and the State of Florida.
DATE OF FUNCTIONfEVENT: May 24,2007
FISCAL IMPACT: $31.00 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
-
Page 1 of 1
Agenda Item No. 16H4
June 12, 2U07
Page 2 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16H4
Meeting Date:
Commissioner Halas requests Board approval for reimbursement regarding attendance at a
function serving a valid public purpose. Attended me Economic Development Council
IUI1Ctleon at Florida Gulf Coast University on May 24, 2007 S3100 to be' paid from
Commissioner Halas' travel budget
6/12/200790000AM
Approved Ry
Sue Fitson
E>;ecutivll Manager to Ihe BCe
Dale
BoardofCoul1ty
Commissiol1en;
BCCOffice
5123120077:54 AM
Approved By
JamesV. Mudd
County Manager
D,,.
Board of County
Commissionerl
County Manager's Qffice
5/29/20019:44 AM
file://C:\AlZ.endaTest\ExDort\84-Juneo/02012.0/0202007\ 16.%20CONSENT%20AGENDA \ l6H.. 6/6/2007
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Agenda Item No. 16H4
June 12, 2007
Page 3 of 4
-----Original Message---~-
From':' tnemecek@enaplesflorida.com [mail to: tnemecek@enaplesflorida.com]
Sent: Wednesday, May 09, 2007 8:39 AM
To: Arthur Allen; Richard Grant; Julie A. Schmelzle; Richard Botthof; Richard Pegnetter;
Jackie West-REA; HalasFrank: Mike Davis
Cc: Dianrie-i:;ra:i: dkakkuri@fgcu..edu: Daniei Borgia
Subject: Fw: Visit to Naples, Florida
FYI -
A delegation from China has been confirmed to come to our area May 23-24. Their itinerary
is listed belo\o.(.
Thank you Mr. Allen for providing this opportunity.
Please let me know your availability for Dinner on the 23rd and your availability on the
24th. Since the 24th is slated for the groundbreaking of the Lutgert Coll.ege of Business,
Mr. Botthof'believed this would be a good stop on their tour of the area.
Dianne Gray from the EDC will be the lead person for this. We look forward to welcoming
this delegation and to your participation.
Regards,
Tarmnie Nemecek
'-
Agenda Item No. 16H4
June 12, 2007
Page 4 of 4
Remit Payment to:
Florida Guff Coast University Foundation
Attn.: Ms. Sara Mayo
10501 FGCU Boulevard South
Fort Myers, FL 33965-6565
1-239-590-1063
Bill To:
Invoice No.
Invoice Date 5/24/2007
Customer No.
Branch/Loc FGCU
Order Date
Ordered By
Location:
Qlv Charned Description Total Amount
1 Chinese Deleoates Luncheon $31.00 $31.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Sub-Total $31.00
Tax $0.00
Total $31.00
Agenda Item No. 16H5
June 12, 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
FUNCTIONIEVENT: Economic Development Council's Eastern Collier County Industry and
OpporlWlity Tour
PUBLIC PURPOSE: Meet and interact with local business leaders and view first hand
opportunities that Eastern Collier County has to offer, from housing, workforce and new towns
and business park development sites.
DATE OF FUNCTION/EVENT: May 30,2007
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. 99-4 l 0, 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
..,.....
Page 1 of 1
Agenda hem No. 16H5
June 12, 2007
Page 2 of3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16H5
Meeting Date:
Commissioner Halas requests Board approval for reimbursement regardlllg a!lendance at a
function serving a valid public purpose. J..tlended the Economic Development Council
Eastern Coiiier CourllY Industry and Opportunity Tour on May 30. 2007, $20_00 to be paid
from Commissioner Halas' travel budget
5/12/20078.00 00 ,A.M
Approved By
$ueFilson
El<ecutive Mllnag!:lr to the BCC
Date
Board afCounty
Commissioners
aCCQffEce
5/23/20077:49 AM
Approved By
JamesV_Mudd
County Manager
OM'
Board of County
Commissioners
County Manager's Office
5/29/200710:01 AM
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Aoenda Item No. 16H5
" June 12, 2007
Page 3 of 3
Economic Development Council
of Collier County
i ;-" '.,.
-".
__ >- i'f
I
ECOI'.'OMIc OMlOf'ME1<T C01JI;I(;u;
GtDWi";C:e~"'rd=
EASTERN COLLIER COUNTY
INDUSTRY AND OPPORTUNITY TOUR
Wednesday, May 30, 2Q07
Registration at EDC: 8:45 a.m.
Depart fDC at 9:00 a.m. . Return to fOC at 3:00 p.m.
3050 North Horseshoe Drive, Suite 120
'MUs tour will he showcnsing opportunities in Eastern C"...olller County;
the Florida Tmdeport Master Plan, Arrowhead Reserve Rcsidenti<ll Community,
workforce prepal'<ltion from ImmoNtlee Career & Service Center ~llld a tour of Ave Maria
flnd a drive hy and brief overview of the newly nnnounced tOWIl of Big CYVress. Guests wiII also
partkpate in a rihhon cutting ceremony for the Tr;!ining & Manufacturing Institute's ~adlity.
This tour is crm;i;ll fi)r any com pal],)' looking to expand its opertltiuns In Collier County.
It will give you an opportunity to see first hand the opportunities that Eastern Collier Coul1IY
has to offer, from housing, worktoree :!lld new f()wns & business p:lrk development sites.
LUllch will he served; the cost is $20.00 pet persol1.
REGISTRA'TION FORM
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C~p"", "'m~ ~. 71,,//; e [-,"0 ~-v ",u,L' "-/~ 7l wnft,ct,;;;, ;0' /n,,,,,
Phone Number: ,7')..39-771/_ yo '1' 7 Em f1~.lrt.Vnj{hd--/':?5~'#//;eI'1LJi/,71~
OJ=redit Card. (circle one)
Amount: $ ;;?O."- ($20.00 per person)
Account Number:_...
Signature:
Name .as it appears on c2lrd:
Billing Address:
Visa
Exp. Date
Pax: 23<} 263 6021 . I"hone; iJ9'1.6J 8!,l89 . E-mail: S1lsi@eNap1csFJoridit.col1l
Economic Devcl\>pment Council ofCollierCotlnty
JO;O NOl.th Ilorseshoe Drive, Suife 11.0
Naples, Florida YP04
Agenda Item No. 16H6
June 12, 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, Chairman
FUNCTIONIEVENT: To attend the Physician Led Access Network (PLAN) of Collier
County's Annual Board Meeting and Dinner
--
PUBLIC PURPOSE: To support ongoing healthcare in Collier County as the Board
appointed healthcare liaison.
DATE OF FUNCTION/EVENT: May 14, 2007
FISCAL IMPACT: $25.00 - Funds to be paid from Commissioner's travel budget.
RECOMMENDA nON: 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: June 12,2007
.-
Page 1 ofl
Agenda Item No. 16H6
June 12, 2007
Page 2 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Meeting Date:
16H6
Commissioner Coletta requests appro'Jallor reimbursement for attending a function serving a
valid public purpose. Commissioner paid in advance to aHend the Physician Led Access
Network (PLAN) of Colher County's Anllual Board Meeting and Dinner orl May 1<1.2007 and
isrequAsling reimbufsementin 111e amount ofS25 00, to be paldf rom his travel budget
6/12/2007800,OOiIM
Item Number:
Item Summary:
Prepared By
Nancy Rosiak
Board of County
Commissioners
Execulive Aide to Ihe BCC
Date
BCCOffice
5122/20072'25,22 PM
Approved By
SuuFilson
Executive Manager to the BCC
Date
Board of County
Commissi(mers
BCCOfflce
5/2J/20077:48AM
Approved By
JamesV.Mudd
County Manager
Date
BO<lrd of County
Commissioners
CountyMllnager's Office
51291200710:02AM
file:I!C\AvennI'lTe~f\Fxn()rt\~4-T,met)/,,)Ol) %)0)007\ 1 f) %)OrONSFNfIlIn?f1AGFNnA \ 1 f)H
f,!f,f)0n7
PlJ~o/~~ ~wn~ ?!?~
3301 East Tamiami Trail. Naples, Florida 34112 ~ 49n
(239) 774-8097. Fax (239) 774-3602
Agenda Item No. 16H6
June 12, 2 7
Pag
Donna Fiala
District 1
Frank Halas
District 2
Tom Henning
District 3
Fred w. Coyle
District 4
Jim Coletta
District 5
May 14, 2007
Mr. Mike Mastej
Chief Executive Officer
Physicians Regional Medical Center Collier
8300 Collier Blvd.
Naples, FL 34114
RE: PLAN Annual Board Meeting
Dear Mr. Mastej:
Thank you for your invitation to attend the Physician Led Access Network of Collier County's
Annual Board Meeting on May 14, 2007. I am pleased that you included me in your invitation
and by way of this letter am letting you know that I plan to attend_ Per my "no gift policy" I am
enclosing herewith my personal check for $25.00 to cover the cost of my dinner.
r m looking forward to this meeting and will see you then.
7U' .~
i"If} C(,ktla, Cnmrman
Commissioner, District 5
jimcoletta@colliergov.net
IC: nkr
Encl: Personal Check for $25.00
.
-;.1
Agenda Item No. 16H6
June 12, 2007
Page 4 of4
..., ..,.. ~
r:..C:ci
..J,'
Pb,.icDn Led ~ Networl: 01 Col/Jer County
You Are Cordially Invited
to attend the
Physician Led Access Network of Collier County
Annual Board Meeting
Monday, May 14th, 2007
6:30 -8:30 pm
Dinner will be served
Physicians Regional Medical Center, Collier
8300 Collier Blvd.
Naples, FL 34114
Education Room
Please RSVP by Friday, May 11th, 2007
239.434.0008
Lauren@Plancc.org
Agenda Item No. 1611
June 12, 2007
Page 1 of 3
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
June 12, 2007
1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS
DIRECTED:
~
A. Districts:
(1) Ave Maria Stewardship Community District: Proposed Budget FY
2007 - 2008.
(2) Quarry Community Development District: Minutes of November 7,
2006.
(3) Cow Slouqh Water Control District: Annual Financial Report FY
2006.
B. Minutes:
(1) Haldeman Creek Maintenance Dredqinq M.S.T.U. Advisory
Committee: Agenda for April 26, 2007; Minutes of March 29, 2007.
(2) Bayshore Beautification M.STU. Advisory Committee: Minutes of
March 21, 2007; Agenda for May 9, 2007; Budget FY 2008.
(3) Immokalee Beautification M.S.T.U. Advisorv Committee: Agenda for
April 25, 2007; Minutes of March 28, 2007; Budget FY 2008.
(4) Domestic Animal Services Advisory Committee: Minutes of March
20,2007; Minutes of April 17, 2007.
(5) Golden Gate M.S.T.U. Advisory Committee: Minutes of March 26,
2007 Special Meeting; Budget FY 2008.
(6) Collier County Library Advisory Board: Agenda for April 25, 2007;
Minutes of March 21,2007.
H:\DAT A\FRONT DESK - 2007\2007 Miscellaneous COITespondence\042407 _misc_colT.doc
Agenda Item No. 1611
June 12, 2007
Page 2 of 3
(7) Collier County Historic and Archaeoloqical Preservation Board:
Agenda for May 2,2007.
(8) Emerqency Medical Services Advisory Council: Minutes of April 25,
2007.
(9) Collier County Planninq Commission: Revised Agenda for May 3,
2007.
(10) Collier County Public Vehicle Advisory Committee: Agenda for May
7,2007.
(11) Forest Lakes Roadway and Drainaqe M.STU. Advisory Committee:
Agenda for May 9,2007; Minutes of April 11 ,2007.
(12) Lely Golf Estates Beautification M.S.T.U. Advisory Committee:
Agenda for May 17, 2007; Minutes of April 19, 2007.
H:\DAT A\FRONT DESK - 2007\2007 Miscellaneous Correspondence\042407 _misc_corr.doc
Page] of 1
Agenda Item No. 1611
June 12, 2007
PagEl 3of3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
Meeting Dllte:
1611
Tofile for record with action as directed
6/12/20079 00:00AM
Prepared By
Lisa Resnick
E~(tcutive Aide to the BCe
Date
Board of County
Commissioners
BCCOffice
615/Z00711:30:02AM
Approved By
Sue Filson
Executive Manager to the BCe
D,"
Board ol County
Commissioners
BCCOffice
615/20073:04PM
Approved By
JamesV Mudd
County Manager
Date
BoudolCounty
CommisSioners
Counly Manager's Office
6/5/20073:36 PM
file://C:\Ap"ennllTe."I\Fxnort\R4-TlIne:%7017 %70?nn7\ 1/1 %?()('nNSFNT%?()AGFNT1A \ 1 hT
(,lh!l()()7
Agenda Item No. 16J1
June 12, 2007
Page 1 of 2
EXECUT:IVI!: StlNHARY
MCOHMEND THAT 'l'HE BOARD OF COUNTY COlOU:SS:IONERS SERVE AS 'l'HE LOCAL
CoolU>:INAT:mG 1lN:IT OF GOVERNMEH'l' FOR THill tlN:ITI!lD STATIIlS DIIlPAR'1'MI!lN'1' OF
JUS'l':ICIIl COPS SIIlCURl!l OUR SCHOOLS (SOS) 2007 GRANT PROGRAM.
OBJEC'l':IVI!:: To seek appointment of the Collier County Conunission as
the coordinating unit for local application for the United States
Department of Justice COPS Secure our Schools (SOS) 2007 Grant
Program.
CONS:IDERAT:ION:
1. The Collier County Conunission has participated in United States
Department of Justice COPS school grant programs since 1999.
2. The programs have proven very beneficial to the Collier County
schools and to the conununity.
3. As security threats and incidents increase in schools throughout
the United States, enhanced control measures are needed.
4. A COPS Secure Our Schools (SOS) grant would provide funds to
assist with the development of additional school safety
resources. Funding would allow the Sheriff's Office the
opportunity to establish and enhance a variety of equipment to
encourage the continuation and enhancement of school safety
efforts within Collier County.
5. Board approval is needed for the Collier County Conunission to be
the local coordinating unit of government for the COPS Secure Our
Schools (SOS) 2007 application, approve the Sheriff as the
official applicant, approve the Sheriff's Office grant
application when completed, and authorize acceptance of the
award, and approve associated budget amendments.
F:ISCAL :IMPACT: This SOS grant is two years in duration, and agencies
are required to contribute a local cash match of 50 percent towards
the total cost of the total cost of the approved grant project during
the grant award period. It is estimated that the local cash match
will be $25,000. The local match will come from Federal Equitable
Sharing funds.
GROW'l'II MANAGI!lMEN'1'. None.
MCOMMl!lNDAT:ION. That the Collier County Conunission agrees to be the
local coordinating unit of government for the COPS Secure Our Schools
(SOS) 2007 grant application, approve the Sheriff's Office grant
application when completed, authorize acceptance of the award, and
approve associated budget amendments.
DATIIl:
~
PREPARBD BY:
~ ector
APPROVl!lD
-
Page 1 of ]
Agenda Item No. 16J1
JunE: 12,2007
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16J1
Meeting Date:
Recommencl that the Board 01 County Commissioners serve as the Local Coordinating Unit
of GOVErnment for the United States Department of Justice COPS Secure Our SChools
(SOS:i 2007 Grant Program
6/12/200700000AM
Approved By
James V. Mudd
County Manager
Dale
Board 01 County
Commissioners
County Manager's Office
S:Z91200710:33AM
file://C:\Al!endaTest\ExDort\84-June%2012. %202007\ 16. %20CONSENT%20AGENDA \ 16J
Ii/h12007
Agenda Item No. 16J2
June 12, 2007
Page 1 of 18
EXECUTIVE SUMMARY
TO OBTAIN BOARD APPROVAL FOR DISBURSEMENTS FOR THE PERIOD OF
MAY 12, 2007 THROUGH MAY 18, 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 May 12, 2007 through May 18, 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 I36.06(I), 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 approves the
disbursements listing for the period of May 12, 2007 through May 18, 2007 and submit
these doclm1ents into the official records.
Prepared By:
~ 11. rr1J~
L sa N. Melvin -
Date:
5/.,2.1/0-=1-
I
Reviewed B
Date -SId-I} O=r
Constance C. Murray, CGFO
General Operations Manager
--
Page 1 of1
Agenda Item No. 16J2
June 12, 2007
Page 2 of 18
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16J2
To obtain board approval for disbursements for the penodof Mey 12, 2007 through May 18
2007 andior submission into the official records ot Ihe board
Meeting Date:
61121200790000i,M
Approved By
Connie Murray
General Operations Manager
Date
Clerk of Courts
Finance
5129/200711:24AM
Approved By
JlImes V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
5130/2.0079:06AM
file://C:\AeendaTest\Exoort\84-June%20 12.%202007\16. o/020CONSENTo/020AGENDA \ 16J.. 6/6/2007
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Agenda Item No. 16J2
June 12, 2007
Page 18 of 18
Agenda Item No. 16J3
June 12, 2007
Page 1 of 17
EXECUTIVE SUMMARY
TO OBTAIN BOARD APPROVAL FOR DISBURSEMENTS FOR THE PERIOD OF
MAY 19, 2007 THROUGH MAY 25, 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 May 19, 2007 through May 25, 2007 for approyal 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 Cormnissioners approves the
disbursements listing for the period of May 19, 2007 through May 25, 2007 and submit
these documents into the official records.
Prepared By:
/~ r{.~l~
Lisa N. Melvin
Assistant General Operations Manager
Date:
5/ :1.:'1/0"::/
"'<--
Reviewed By:
Con tance C. Murray, C F
General Operations Manager
Date: Su..q)O -=f
.--
Page 1 of I
Agenda Item No. 15J3
.June 12. 2007
Page 2 of 17
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16J3
TooblElin board approval for distJursemsnts for the period 01 May 19 :'007 through May 25,
2007 and lor submission into the official records of the board.
Meeting Date:
6/12/20079:00:00AM
Appro\'ed By
Connie Murray
General OPf.'riltions Manager
Date
Clerll of Courts
Finance
S1291200711:26AM
Approved Dy
JllmcsV. Mudd
County Manager
Date
BOllrdofCounty
Commissiomm;
County Manager'sOftiee
5130120079:14AM
file:l/C:\AgendaTest\Export\84-June%20 12, %202007\ 16. o/020CONSENT%20AG ENDA \ 16J... 6/612007
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June 12, 2007
Page 13 of 17
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Agenda Item No. 16J3
June 12, 2007
Page 17 of 17
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Agenda Item No. 16J4
June 12, 2007
Page 1 of 16
EXECUTIVE SUMMARY
TO OBTAIN BOARD APPROVAL FOR DISBURSEMENTS FOR THE PERIOD OF
MAY 26, 2007 THROUGH JUNE 01, 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 May 26, 2007 through June 01, 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 rcport
RECOMMENDATION: That the Board of County Commissioners approves the
disbursements listing for the period of May 26, 2007 through June 0 I, 2007 and submit
these documents into the official records.
Prepared By:
~rL. (([J~
Lisa N. Melvin
Assistant General Operations Manager
Date:
lP./4 Jo~
, I
Reviewed By:
Constance C. Murray, CGFO
General Operations Manager
Date: (/J(Lf0-:t
'-.'
Page 1 of I
Agenda Item No. 16J4
June 12. 2007
Page 2 of 16
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
ttemNumber:
ltemSummary:
16J4
To obtain board approval for disbursements for the period Of May 26 :007 through JUIl€ 01,
2007 and for sublTlission intoll1e official records oflhe board
Meeting Date:
6/1212007900:00.AM
Approved By
Connie Murray
General Operations Manager
Date
Clerk of Courts
Finance
6/5/2oo72:02PM
Approved By
JamesV.Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
6/5120072:15 PM
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Agenda Item No. 16J5
June 12, 2007
Page 1 of 6
EXECUTIVE SUMMARY
TO PRESENT TO THE BOARD OF COUNTY COMMISSIONERS THE STATE
REVENUE SHARING APPLICATION FOR FISCAL YEAR 2007-2008 AND TO
OBT AIN APPROVAL FOR THE CHAIRMAN TO SIGN THE APPLICATION.
OBJECTIVE: To present to the Board of County Commissioners the State Revenue
Sharing Application for Fiscal Year 2007-2008 and to obtain approval for the Chairman
to sign the application.
CONSIDERATIONS: Each unit of local government is required to file an application
in order to be considered for any funds to be distributed under the Revenue Sharing Act.
The application requires the signatures of the Law Enforcement Official, Fire Official,
Chief Fiscal Officer and Chainnan of the Governing Body. This application must be
submitted annually by June 30.
GROWTH MANAGEMENT IMPACT: None.
~""M~
FISCAL IMPACT: Proper submittal of the application will enable the COUl1ty to
continue to receive funds under the State Revenue Sharing Act.
RECOMMENDATION: That the Board of County Commissioners approves the
application and authorizes the Chainnan to sign on behalf of the County.
Prepared By:
Constance C. Murray, CGFO
General Operations Manager
Date:
5\ bZ)}()q
Reviewed By: (d, ,.vJ,'. ~ i/ V"''':''-'6 Q Date: s- 30 ~ 07
~
Director of Finance and Accounting
/-"
Agenda Item No. 16J5
June 12, 2007
Page 2 of 6
PI
DEPARTMENT
OF REVENUE
ApplIcation For Revenue SharIng 2007-2008 State Fiscal Year
(Chapter 218, Part II Rorida Statutes)
00-700218
R. 04/07
ApplIcation must be received by the Department of R_ prior to June 30, 2007
Please TYPE Of PRINT all entries except those requiring a signatll'e.
Part One
Name of County Co 11 i er
OR
Name of Municipal~y
Telephone Number 239
Fax Telephone Number I 239
County
530-6299
774-6179
MayororChalrmanof GovemlngBody James N. Coletta. Jr.
ChiefFlecaJOffIC9l' Dwight E. Brock, Clerk of the Circuit Court
3301 Tamiami Trail East
Naples, FL 34112
0fIIcia1 Mailing Address
D Check here W the address represents a change from the previous application.
Federal Employer 1.0. Number
(required fOf new participants only).
Part lWo
To be eligible to participate In Revenue Sh8rtng beyond the minimum e_as defined In section 218.21(7) Florida
Statutes. (F.S.). for any fitlcaI y....... a unit of local government is required to have fulfilled certain requirements set forth In
s. 21823. ES.. including certification requirements. Signatures by the appropriate ofIlcialln the signature blocks. where
applicable. sI1all constitute fulflllment of the certification requinlments set forth in s. 218.23. F.S.
Consistent with the requirements of s. 218.23. F.S.. lias the applicant:
Note: QuestIon 1 and 2 pertaln to IInlIncIal aucIt~. If a flnlIncfaI audit WB ~red. report
on the m_ NC8n!1y completed audit period. FIacaI year ending 0lII30IIl5 wII be 8UIflclent lor_
_.
1. Reported lis finances for Its most recently compleled fiscal year to the Depar1ment 01 Banking and Finance,
pursuant to s. 218.32, F.S.?
(K]yes
DNo
2. M_ provisions for annual postaud~s 01 its financial accounts In accordance with s. 11.45. F.S.?
[IJySS
i I No
02/03/06
Date of Audit Report
o
Agenda Item No. 16J5
June 12, 2007
Page 3 of 6
OR-7002HI
R.04I07
Page 2
3. Levied, as shown on its most recent financial report, pursuant to s. 218.32, F.S., ad valorem taxes, exclusive
ot taxes levied for debt service or other special millages authorized by the voters, to produce the revenue
equivalenlto a millage rata of three (3) mills on the dollar based on the 1973 taxable values as certified by
the property apprai_, pursuent to s. 193.122(2), F.S..
[X) yes
DNo
OR
In order to produce revenue equivalent to that which would othetwise be produced by such a three (3) mUI
ed valorem tax:
(A) to have received a remIll8nce from the county pursuant to s, 125.01(8)(a),F.S.;
(8) collected an occupetionallioense tax;
(C) coIIacled a utility tax;
(D) levied an ad valorem tax:
(E) received revenue from any combIn8tlon of these four sources?
UJYes
DNo
4. Certified that:
(A) Law enforcement officers, as defined in s. 943.10(1), F.S., employed by this unft meet the qua/fflcations
for employment as established by the Criminal Justice Standan:ts and Training Commission?
[X] Yes
DNo
(8) Tha salary structure and saIa1y plans for law ..""'_nent officers meet the provisions of Chapter 943,
F.S.?
[X] yes
DNo
(C) All law enforcement officers, as defined in s. 943.10(1), F.S., are compensated at an annual salary rate of
six thousand doItllr1l ($6,000) or more?
UJYes
DNo
[II the anawer to (C) above ie (NO), please state In an addendum to lhia application any reason you
may have for wBiv... of such requirement (one of which must be Ihat you ""' levying ten (10) mills of ad
valorem taxes).)
(I q.. ,/,,"/'1 /
. :.,'; \ 'I,' \ " , \ '
Signed: \ ~ '~ ~( \ \ -"'. " I Date:
Appropriate l8w EnbObo ,,.I\l ~ , )
. ,
,
/(1; !
) li
- ,
.U' )
;
pI you have no police department, atc.. please check the block to the IaIl side.)
I
I'
Agenda Item No. 16J5
June 12, 2007
Page 4 of 6
DR-700218
R 04107
Page 3
5, Certified that persons in Hs employ as firefighters, as cleflned in s. 633.30(1). F.S.. meet the qUellfication for
employment es estatllished by the Division of State Fire Marshel pursuam to the provisions of as. 633.34
and 633.35. F.S., end thallhe provisions of s. 633.382. F.S. are met?
lDyes
DNo
Additionally. please answer the following:
(A) Does the addntssed ..,n of government employ any full-time firefighters which currently possess
either a bachalor's degree or assoclata degree from a college Of unlverslly which Is applicable to fore
department dutiea. provtded that degree is not required for their currant poeltlon?
(LIyes
DNo
(8) If eo, are th_ firefighters cooenlly receiving suppIemantal compensation for those degreea?
[K] Yes 0 No
~?~M1-<-V~
~"""'~'II'FinlOfficilll
o Does Not Apply
Date:
s/~"Jt'J7
, .
o [If you haw no fire dapartmant Of W you hava a strieIIy voIunt_ fire dapartment. etc.. pIaasa chaCk the box to
the laft side.)
6. Certified that each dependent specialdi8b1ct that is budge\ad aeparataly from the genaraI bUdget ot the
local governing authorI\y has met the provisions for annual postaudII ollis financial accounts In accordance
with tha provisionS 01 a. 218.39(1), F.S.?
[!] Yes 0 No
~gnad:~~'~~ Date:
o Does Not Apply
S - .3b - .. 'T
7. CerIIfIad to the Department 01 R""","", that the ~ ot s. 200.065. F.S., If applicable. wwe met?
(The ....tifK.llt1on shall be made annuaDy wHhln 30 days of adoption 01 en ordInence or resolution establishing
a final property tax levy Of, If no property tax Is levied, not later than November 1. The portion of revenue
sharing funda which, pursuant to this part, would otherwIae be distributed to a unit of IoceI gov&rrvr*1t
which has not certIfiad compliance Of has otharwioa failed to meet the requlrementa of s. 200.065, F.S.. shall
be deposItad In the Gllnetal Revenue Fund for the 12 months following a determination of noncompliance by
the department.)
Signed: /ll<tg-J?-~--.~:;' / c 7/ D )
Director of Management and Budget
Agenda Item No. 16J5
June 12, 2007
Page 5 of 6
DR.7oo216
R. 04107
Pogo 4
Part Three
I hereby certify that all of the foregoing Infonnation Is eccunrte and true to the best of my knowledge. I further certify
that I will promptly report to the Depertment of Revenue any chang.... in the above infonnetion. I also realize thet
failure to provide timely Infonnatlon required. punouant to the edmlnlstration of this Act shall. by such action. authorize
the Department to utilize the best Infonnatlon avaqable or. If no such information Is available. to take necessary action
including DISQUALIFICATION, EITHER PARTIAL OR ENTIRE. and shaU further, by such action, woive any right to
challenge the determination of the Department to tis share of funds. If any. beyond tis minimum entlllement. pursuant to
the privilege of receiving sh8red "'venues from the Revenue Sharing Trust Funds.
Do you believe that you have complied with All eligibility requirements as set forth above?
[KJy""
DNo
~ the answer to the above question Is (NO). ~ provide as an attachment to this form the amount of revenue
necessary to ".. your obligations as e result of pledges 01 assignments 01 trusts enIenld into which obligated funds
received from l'IIII8/1ue sharing.
-- f).It€' .o?..::.=:6:,
Date: ~-:li) _ .7
Signed:
Date:
,,_ 0< Chairmwl 0/ Govom;ngllocly
MIIII COII0,Awt0.d orlginIII"l.pllc8llon to -... ___
Florida Oepar:...e.lt of Revenue
Revenue Accounting Subplocess
PO Box 6609
TaIIaha8see Fl 32399-6609
r
I'
Page I of I
Agenda Item No. 16J5
June 12, 2007
Page6of6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16J5
Meettng Date:
To Present to the Board of County Commissioners the Stare ReverllJe Sharing Applicat.ion for
Fiscai Year 2007.2008 and to Obtain Board Approva: for the Cllairman to Sign the
Appiication
6/12!200790000t\M
Approved By
Connie Murray
General Operations Manager
D,'"
Clerk of Courts
Finance
5/30120073:55 PM
Approved By
Crystal Kinzel
Direclara/Finance
0".
Clerk of Courts
Finance
611120074:25 PM
Approved By
James V. Mudd
County Manager
Date
Boardo/Counly
Commissioners
County ManagersOffictl
5/4/20072:37 PM
file://C:\AgendaTest\Export\84.June%20 12, %202007\ 16.%20CONSENT%20AGENDA \ 16J.. 6/6/2007
Agenda Item No. 16J6
June 12, 2007
Page 1 of 3
EXECUTIVE SUMMARY
RECOMMEND THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE A DOCtlMENT
FOR ELEVENTH YEAR STATE CRIMINAL ALIEN ASSISTANCE PROGRAM (SCAAP)
GRANT FUNDS.
-------------------------------------------------------------------
OBJECTIVE: To seek consent from the Board of County Commissioners
for an approval letter for eleventh year State Criminal Alien
Assistance Program (SCAAP) grant funds.
CONSIDERATION: On March 14, 2006 Board Chairman Frank Halas
designated Sheriff Don Hunter as the signing official and contact
person for tenth year State Criminal Alien Assistance Program
(SCAAP) funding. A letter signed by the current Board Chairman is
needed that indicates Board designation authority to Sheriff Don
Hunter to be the official grant applicant and contact person, and
to receive and expend the payment of eleventh year SCAAP grant
funds.
FISCAL IMPACT: Potential award of funds is for costs associated
with incarceration of aliens. This would be an outright award with
no required local match or other expenditure.
GROWTH MANAGEMENT: None.
RECOMMENDATION: That the Board of County Commissioners approve the
eleventh year SCAAP approval letter designating authority to
Sheriff Don Hunter to be the official grant applicant and contact
person, and to receive and expend the payment of eleventh year
SCAAP funds.
PREPARED BY:
teUJGt&i
Carol Golightly,
'rector
APPROVED BY:
DATE:
Mav 14.
Page lofl
Agenda Item No. 16J6
June 12, 2007
Page2of3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16J6
Recommend that the Board 01 County Commissioners approve a docurnellt for Eleventh
Year State Criminal Alien Assist.mce Program (SCp,APi Grant Funds
Meeting Date:
6/12f200790000AM
Approved By
JamesV.Mudd
Board of County
Commissioners
County Manllger
Date
County Manllger's Office
$130120074:31 PM
file:/IC:\AgendaT est\EXDort\84~June%2012. 0/0202007\ 16.%20CONSENTo/020AGE1'\DA \ 161.. 6/612007
PlJO<W<i o/C(f~ C(f~ C(f~
3301 East Tamlaml Trail' Naples, Florida 34112.4977
(239) 774-8097 . Fax (239) 774-3602
Agenda Item No. 16J6
"li>
Donna Fiala
District'
Frank Halas
District 2.
Tom Henning
District 3
Fred W. Coyle
District 4
Jim Coletta
District 5
June 12, 2007
SCAAP 2007
Bureau of Justice Assistance Control Desk
810 Seventh Street, NW
Washington, DC 20531
Re: Designated Official
For SCAAP application
Ladies and Gentlemen:
Pursuant to a Bureau of Justice Assistance (BJA) State Criminal Alien
Assistance Program (SCAAP) compliance requirement, as the Chairman of the
Collier County Board of Commissioners, I approve and designate Don
Hunter, Sheriff, Collier County, Florida, as the signing official and
contact person for application for SCAAP 2007 funding.
Sincerely,
James Coletta
Chairman
Collier County commission
Agenda Item No. 16K1
June 12, 2007
Page 1 of 24
Executive Summarv
Recommendation to Approve a Stipulated Final Judgment for Parcel 112 in the Amount of
$165,000 in the Lawsuit Styled Collier County 1'. The Shores At Berkshire Lakes Master
Homeowner's Association, Inc., et aI, Case No. 06-0828-CA (Santa Barbara Boulevard Project
No. 62081). (Fiscal Impact: $17,200.00)
OBJECTIVE: That the Board approve a Stipulated Final Judgment for Parcell 12 in the amount of
$165,000 in the Lawsuit Styled Collier COllnlv v. 771e Shores AI Berkshire Lakes Mosler
Homeowner's Association, Inc., et ai, Case No. 06-0828-CA (Santa Barbara Boulevard Project No.
62081).
CONSIDERA nONS: The County acquired the subject property by entJy of an Order of Taking on
August 4, 2006 and by depositing the amount of $165,000 into the cOUl1 registry on August 24,
2006. The County and Respondent have negotiated a settlement of $165,000. If the settlement is
approved, the County is responsible for the j{)lIowing costs:
.
Additional DeposiVDisburscment Amount:
Expel1 Fees (appraiser/engineer):
Attorney's Fees:
Clerk's Service Fee:
TOT Ai..:
$ None
$ 4,500.00
$IVOO.OO
$ None
$17,200.00
.
.
,-
.
Attached is the proposed Stipulated Final Judgment which includes the following:
. The County agrees to build a noise wall along Radio Road and Santa Barbara Boulevard per
the County's bid plans.
. The Association will convey to the County a road casement Jar the installation of a noise
wall on Parcels 112A and 112B.
The road easement for Parcels 112A and 112B, approximately 15 fed in depth, cont1icts with a
preserve easement and drainage easement held by Collier County over Tract D of the Shores of
Berkshire Lakes Phase Two-A, Plat Book 32, Pages 60-61 and Tract B of the Shores of Berkshire
Lakes Phase Two-B in Plat Book 34, Pages 10-15. [fthe Board of County Commissioners approves
this Stipulated Final Judgment, the Board will need to release the preserve easement and drainage
easement as to Parcels I J2A and 112B. Environmental Services staff has reviewed the issue of
releasing/reducing a p0l1ion of the preserve casement and they recommend that, if possible, this not
occur to ensure that minimum preserve requirements are met. Attached is a copy of the comments
of Environmental Services. Also attached are the subdivision plats for Shores at Berkshire Lakes,
Phase Two A and Phase Two B.
,--
FISCAL IMPACT: Funds in the amount of $17,200.00 are availahle in the FY 2007 adopted
budget. Source of funds are Gas Taxes and Impact Fees.
GROWTH MANAGEMENT IMPACT: None.
Agenda Item No. 16K1
June 12, 2007
Page 2 of 24
RECOMMENDATION: That the Board of County Commissioners:
]. Approve the Stipulated Final Judgment as to Parcel J 12;
2. Release preserve easement and drainage easement from Parcels 112A and] J 2B,
approximately 15 feet in depth, and authorize the County Manager, or his designee,
to record the necessary documentation in the public records of Collier County;
3. Approve the expenditure and disbursement of funds as stated; and
4. Accept the conveyance of a road easement 1<)1' noise wall for Parcels 112A and 1] 28.
PREPARED BY: Heidi F. Ashton, Assistant County Attomey, Ofl1ce olthe County Attomey
2
Item Number:
Item Summary:
Meeting Date:
Page 10fl
Agenda Item No. 16K1
June 12, 2007
Page 3 of 24
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16K1
Recommendation to Approve a Stipulated Final Judgment for PMcel112 in the Amount of
$165,000 In Ihe Lawsuit Styled Collier County 1/, The Shores At Berkshire Lakes Master
Homeowners Association, Inc., et ai, Cflse ~Jo 06.0828"CA (Santa 8arbara Boulevard
Project No. 62081) (Fiscallmpacl: $17.200.00)
6/12l20079.00QOAM
Date
Prepared By
Heidi F. Ashton
County Attorney
Assistant County Attomey
CountyAttomeyOffic",
5/23120072:20:0JPM
Date
Approved By
Lisa Taylor
Transportation Services
Management/Budget Analyst
TransportlltionAdministrlltion
5123120074:fi5PM
D.,.
AppruvedBy
ShllronNewman
TranspurtationServlces
Accounting Supervisor
Transportation Services Admin
5124120073:59 PM
Date
Approved By
Kevin Hendricks
Transportation Services
Right Of Way Acquisition Manager
TEeM-ROW
5/29/20073:11 PM
Oato
Approved By
NajehAhmad
Transportation Services
Director
Transportation Engineering &
Ccmstruction Management
S/~/20074:.ldPM
Date
Approved By
DavidC, Weigel
County Attomey
County Altomey
County Attomey Office
5/30120079,1flAM
Date
Approved By
OMBCoordinalor
County Managor'sOtfice
OMB Coordinator
OffiC() of Management & Budget
6f1120079:1SAM
Date
Approved By
Susan Usher
County Manager.s Office
Senior ManagemenUBudget Analyst
Office of Management &. Budget
6111200711:41 AM
Date
ApprO\ledBy
Michaei Smykowski
County Manager's Office
Managemenl & Budget Director
Ofriceof Managemenl & Budget
6/11200712:24 PM
Date
Approved By
JamesV. Mudd
Board of County
Commissioners
County Manager
County Manager's Office
6/Z/20071:29PM
fiIe://C:\AgcndaTest\Export\84-June%2012, %202007\ 16. %20CONSENf%20AGENDA \16K..
6/612007
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Agenda It&iIllO.11~~
June 12, 2007
Page 12 of 24
ashton_h
From: lorenz_w
Sent: Thursday, May 17, 2007 9:52 AM
To: ashton_h
Cc: mason_s; BrownAraqueSummer; burgeson_b; murray_s; SchmittJoseph; weeks_d
Subject: RE: CC v. The Shores at Berkshire Lakes Master Homeowners Assn., Inc.
Heidi,
Our analysis shows that all of the platted preserves existing on site are needed to fulfill the minimum preserve
requirement. Any reduction of the preserve area will make this non-conforming. See also the attached preserve
easement language in Barbara Burgeson's 5-11-06 e-mail. Accordingly, Environmental staff wouid recommend
that if at all possible, this not occur to ensure that the minimum preserve requirements are met.
Note, however, that the BCC did adopt the following Conservation and Coastal Management policy (EAR-based
amendments) that exempts the following acquisitions from having to mitigate the vegetation retention (preserve)
requirements:
6.1.1 (11) Right of Way acquisitions by any governmental entity for all pUI1>oses necessary for roadway
construction, including ancillary drainage facilities, and including utilities within the right of way
acquisition area, shall be exempt from mitigation requirements.
Bill
William D. Lorenz, P.E.
CoWer County Environmental Services Director
2800 North Horseslwe Drive
Naples, Florida 34104
Tele:(239)213-2951
Fax: (239)213-2960
, E.mail: Williamlorenz@colliergol',net
From: burgeson_b
Sent: Tuesday, May 15, 20074:03 PM
To: burgeson_b; Jorenz_w
Cc: mason_s; BrownAraque5ummer
Subject: RE: CC v. The Shores at Berkshire Lakes Master Homeowners Assn., Inc.
bill, DO YOU WANT TO SEND THIS TO Heidi?
From: burgeson_b
Sent: Fri 5/11/2007 2:07 PM
To: lorenz_w
Cc: mason_s; BrownAraqueSummer
Subject: RE: CC v. The Shores at Berkshire Lakes Master Homeowners Assn., Inc.
I don't know how to respond to you on this.....all ot the piatted preserve easements are needed to fulfill the
minimum 25% requirement. they are protected by the following language (which is sideways.....sorry):
5/1712007
Agenda IteliW!l1021~4
June 12, 2007
Page 13 of 24
I~ "-
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dh!!;Il!.~
From: lorenz_w
Sent: Tuesday, May 08, 2007 5:33 PM
To: burgeson_b
Subject: FW: CC v, The Shores at Berkshire Lakes Master Homeowners Assn" Inc.
Need your comments:
Please provide your comments regarding the construction ot the noise wall and release ot a portion ot the
preserve easement and drainage easement.
I will be attaching your responses to the executive summary.
William D. LorellZ, P.E.
5/1712007
PROJECT:
PARCELS:
FOLIO NO.:
SANTA BARBARA PROJECT #62081
112Aand 112B
Agenda Item No, 16K1
June 12, 2007
Page 14 of 24
ROAD EASEMENT FOR NOISE ATTENUATION WALL
THIS EASEMENT, made and entered into this _ day of
2007, by The Shores at Berkshire Lakes Master Homeowners Association, Inc., whose
mailing address is clo R & P Property Management, 265 Airport Road, Naples, Florida
34104, (hereinafter referred to as "Grantor"), to 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 "Grantee").
(Wherever used herein the tenns "Grantor" and "Grantee" include all the parties to
this instrument and their respective heirs, legal representattves, successors and assigns.
Grantor and Grantee are used for singular or plural, as the context requires.)
WIT N E SSE T H:
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, a perpetual,
non-exclusive roadway easement to enter ulXln and Install an earthen berm and a noise
attenuation wall over, under, upon and across 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 and to place and/or excavate materials for the purpose of constructing or
Installing an earthen berm and a noise attenuation wall in accordance with the Ccunty's bid
plans for Santa Barbara Boulevard, Project 62081. This easement includes the right to
remove and use any and all excavated material. The easement granted herein shall
constitute easements running with the land and shall burden the lands described above.
GRANTOR agrees to be responsible for the maintenance 01 the front and back of the
noise attenuation wall in perpetuity Including but not limited to repairs, maintenance,
cleaning and graffiti removal, after County completes initial construction of the noise
attenuation wall.
If County performs any maintenance of the noise attenuation wall, it shall do so
voluntarily and the performance of any maintenance shall not create an obligation of the
County now or in the future to maintain the noise attenuation wall.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the
day and year first above written.
,
I'
Agenda Item No, 16K1
June 12, 2007
Page 15 of 24
Witness (Signature)
THE SHORES AT BERKSHIRE LAKES
MASTER HOMEOWNER'S ASSOCIATION,
INC.
Name (Print or Type)
Witness (Signature)
By:
(Signature)
Name (Print or Type)
Name (Print or Type)
Title (Print or Type)
STATE OF
COUNTY OF
The foregoing Road Easement for Noise Attenuation Wall was acknowledged before me
this _ day of , 2007, by The Shores at Berkshire Lakes Master
Homeowner's Association, Inc.
is personally known to me
OR
produced
(affix notarial seal)
as proof of identity.
(Signature cf Notary Public)
(Print Name of Notary Public)
Serial/Commission # (if any):
My Commission Expires:
2
Agenda Item No. 16K1
June 12, 2007
Page 16 of 24
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,
Case No.: 06-0828-CA
'v"
Parcel No.: 112
THE SHORES AT BERKSHIRE LAKES MASTER
HOMEOWNER'S ASSOCIATION, INC., et al.,
Respondents.
I
STIPULATED FlNAL JUDGMENT
TIllS CAUSE having come before the Court upon Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, by and through the undersigned counsel, and Respondent, TI:IE
SHORES AT BERKSHIRE LAKES MAS1ER HOMEOWNER'S ASSOCIATION, INC.
(hereafter "Respondent"), by and through its undersigned counsel for entry of a Stipulated Final
Judgment as to Parcel 112, 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, COLLIER COUNTY,
FLORIDA, is the full compensation due Respondent, and the Court being otherwise fully advised in
the premises thereof, it is thereupon,
ORDERED AND ADJUDGED that Respondent have and recover from Petitioner,
COLLIER COUNTY, FLORIDA, the sum of One Hundred Sixty-Five Thousand Dollars and
No/lOO ($165,000.00) as full payment for the property interests taken and for damages resulting to
>
"',
the remainder, if less than the entire property was taken, business damages, and for all other
damages in connection with said parcel; it is further
/~
.
Agenda Item No. 16K1
June 12, 2007
Page 17 of 24
ORDERED that Respondent receive from Petitioner, COLLIER COUNTY, FLORIDA, as a
reasonable attorney's fee the sum of Twelve Thousand Seven Hundred Dollars and NollOO
($12,700.00) for all attorney's fees relating to this parcel; it is further
ORDERED that Respondent receive from Petitioner, COllIER COUNTY, FLORIDA, the
sum of One Thousand Five Hundred Dollars and No/100 ($1500.00) for expert fees of appraiser
and Three Thousand Dollars and NollOO ($3000.00) for expert fees of engineer incurred in the
defense of this case pursuant to Section 73.091, F.S.; it is further
ORDERED that Petitioner, COllIER COUNTY, FLORIDA, is entitled to a credit in the
amount of One Hundred Sixty-Five Thousand Dollars and No/100 ($165,000.00) which was
previously deposited into the registry of the Clerk of the Circuit Court toward the acquisition of
,
Parcel 112 at which time title to said parcel as described in Exhibit "A" vested in the name of
Petitioner; it is further
ORDERED that within thirty (30) days of receipt by Petitioner of the Stipulated Final
Judgment entered by the Court, Petitioner, COUlER COUNTY, FLORIDA shall disburse the total
amount of Four Thousand Five Hundred Dollars and No/100 ($4,500.00) to the FORMAN
HANRATTY & MONTGOMERY TRUST ACCOUNT, c/o Charles R. Forman, Esquire, 1323 SE
3rd A venue, Fort Lauderdale, FL 33316 for the benefit of Respondent for expert fees; it is furtlier
ORDERED that within thirty (30) days of receipt by Petitioner of the Stipulated Final
Judgment entered by the Court, Petitioner, COUlER COUNTY, FLORIDA, shall disburse the total
amount of Twelve Thousand Seven Hundred Dollars and NollOO ($12,700.00) to CHARLES R.
FORMAN, ESQUlRE, Forman, Hanratty & Montgomery, 1323 SE 3rd Avenue, Fort Lauderdale,
FL 33316 for reasonable attorney's fees; it is further
ORDERED that title to Parcel 112, a Fee Simple Interest, being fully described in Exhibit
"An attached hereto and incorporated herein, which vested in Petitioner, COLLIER COUNTY,
2
Agenda Item No. 16K1
June 12, 2007
Page 18 of 24
FLORIDA, pursuant to the Order of Taking dated August 4, 2006, and the deposit of money
heretofore made, is approved, ratified, and confmned; it is further
ORDERED that Respondent will convey to Collier County within twenty (20) days of this
Stipulated Pinal Judgment a road easement for the installation of a noise wall over the property
labeled 112A and 112B which are attached hereto as Exhibit B, free and clear of all encumbrances,
unless otherwise agreed in writing by Collier County; it is further
Ordered that Petitioner, COLLIER COUNTY, FLORIDA, agrees to build a noise wall
within the easements described as Parcels ll2A and 112B as follows: south of the main entrance on
Santa Barbara Boulevard, Petitioner, COLLIER COUNTY, FLORIDA, will construct an 8-foot
noise wall on a 3-foot berm per the County's bid plans along Radio Road and Santa Barbara
Boulevard and North of the maintenance entrance on Santa Barbara Boulevard, at Station 358+07,
the County shall install an 8-foot noise wall on the 3-foot berm for a distance of 300 feet northward,
at which point the wall height will increase to 10 feet for another 300 feet northward, at which point
the wall height will increase to 12 feet; it is further
ORDERED that Respondent will provide written notification to Petitioner, COLLIER
COUNTY, FLORIDA, no later than April 1, 2007 of the color code for the noise wall; it is further
ORDERED that Respondent shall be responsible for the maintenance of the front and back
of the noise wall in perpetuity, including but not limited to repairs, maintenance, cleaning and
graffiti removal after the County completes the initial construction of the noise wall. Respondent
further agrees to obtain a right of way permit for the maintenance of the noise wall; it is further
ORDERED that in the event Respondent fails to maintain the noise wall, Petitioner,
COLLIER COUNTY, FLORIDA, may provide written notice to Respondent of its failure to
maintain the noise wall and Respondent shall have' forty-five (45) days to complete the
maintenance. Thereafter, the County may complete the maintenance and Respondent shall pay to
3
Agenda Item No, 16K1
June 12, 2007
Page 19 of 24
the County the costs of maintenance within thirty (30) days of receipt of a bill or invoice for the
maintenance costs; it is further
ORDERED that this Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment; it is further
ORDERED that the Notice of Lis Pendens filed in this action and recorded in Official
Record Book 4045, Page 85 et seq., of the Public Records of Collier County, Florida be dismissed
as to Parcel 112; it is further
ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of
Collier County, Florida; it is therefore
DONE AND ORDERED in Chambers at Naples, Collier County, Florida this _ day of
,2007.
CIRCUIT COURT JUDGE
Conformed Copies:
Heidi F. Ashton, Esquire
ChMles R. Forrnan, Esquile
E. Glenn Tucker, Esquire
David C. Weigel, County Attorney
Florida Cable vision Management Corp.
Kevin Hendricks, Acquisition Mgrrrransp.
Bookkeeping
4
Agenda Item No. 16K1
June 12, 2007
Page 20 of 24
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 112.
Dated:
Dated:
HEIDI F. ASHTON, ESQ~
Florida Bar No.: 966770
COLLIER COUNTY ATTORl\"EY'S OFFICE
Harmon Turner Building
3301 East Tamiami Trail
Naples, FL 34112
(239) 774-8400 - Telephone
(239) 774-0225 - Facsimile
ATTORNEY FOR PETmONER
CHARLES R. FORMAN, ESQillRE
Florida Bar No.: 229263
FORMAN HANRATTY & MONTGOMERY
1323 SE 3rd Avenue
Fort Lauderdale, FL 33316
(954) 522-9441- Telephone
(954) 522-2076 - Facsimile
ATTORNEY FOR RESPONDENT
5
~
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Agenda Item No. 16K1
June 12, 2007
Page 21 of 24
II I
.........
SANTA
BARBARA 5
BOULEVAIW 4
32
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LEGAL DESCRIPTlON:- SEE SHEET T12A
PREPARED 8't. . JNC.
j,. .
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Fl.O!UDA.REaSTRA LS:;jS627
NOT VAlJD UNLESS SGNED 'BY THE SU1i'~ AN/)
SEAI.iJ) ,,/H THC s:nI1fl'oR:S 9.180= seAL
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PARCEL 112
FEE SIMPLE TAKING
14202 SQUARE: FEU
SHORES AT BCRKSHIRE LAKE:S,
PHASE: TJ!V...A, PLAT fI()(1( 32.
PAGfS 60-61
i>
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of
ALL PROPOSED R.O. Iv. FALLS
WITHIN TRACT "0:
PRESERVA.TION ~A AND
DFM/NAG! EASfJlENT
PROPOSED R, O. W.
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EXHIBIT A
Page--fL ofJfl..
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1C.l.V.'G:5_I.!$QIINCf([R
;UJFJtk!AlA<lMri1f,.A.l)fIU-'nf
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$lSISI(Ql1lJ}mtntrmltut.2lM:
*"'* NOT A SURVEY "''''*
LEGEND:
t-,,'-. '-. '-. '-. '-.'-.'1 F:X1S"I{~ R,O.W.
KXXX><;XX;><( PROPOSGJ R.O. W.
R,a.w. = R1c;HTOF WAY
P.D.B. ~ POINT OF BEGINNING
REVISED 9-21-05 GPIIL/I857
R[V/SEl) 6-21-05 l1M
R[WSfJ) 9-21-04 L1M
P.''''"", 6208l ......... 112 ' '""" COWER COUNTY lRANSPORTA17ON.
~~ '6nMJ. . YJrJe-.-~- ENGINEERING 4< CONS7RUC710N IdANAGElIENT DI\IIS1DN
" S "r ... SKETCH 0f'DESCRIP7101!
.J,.l BaNG PART OF SHORES AT 8&KSH1RE LAKES PHASe 7WO-A.
~.~'~'~'~JnNHfJ'~lbn~ PUT BOOK J2. PAr;fS 50-61,
~ he: ' COLliER COUNTY. FLORIDA
/lPol.n:d.l6wl"lno;tk'.!':i'uMbl.r..... ClUE: I I'RO.IECl Ht>.: SHEE1 NlJlJaER: mE IlO.l
3!O:l..,.Un:.aull2l.""'IIxii~;"Ib~.,.~.Uir.~ 04/2002 N5022-002 Offl.-m!.llllC> ..~ -- --. -
)ct 07. 2005 - 09,58:38: GI""'I1I...,\..."""-~~--'
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Agenda Item No. 16K1
June 12, 2007
Page 22 of 24
",
FEE SIMPLE
INTEREST
PARCEL NO. II,;}.
LEGAL DEsr;RIPnON
ALL THAT PART TRACT "0" ACCORDING TO THE: PlAT OF SHORES AT BeRKSHIRE: f.,AJ(E:S, PHASE: TWO-A, COWeR
COUNTY. FLORIDA, AND,8ElNG MORE: PAR17CUlARLY DESCRIBED AS FOLLOWS: '
BE:GINNING AT mE: SOIlTllWESl' CORNeR' OF SAlO PlAT ANO THE: SOIJTHWE:S7' CORNEJ/ OF TRACT '0' PeR SAlO PlAT;
THE:NCE: ALONG THE: .~T LINE OF SAID TRACT THENCE NORTH 00'07'01" WEST 38.52 FE:E:T,'
THE:NCE: LE'AVlNG SAID' WEST TRACT LINE: mENCE SOrITH 54'06'04' E'AST 25.02 FITT;
. THE:NCE: NORTH 87411'04" E'AST 346.58 FITT;
.. THE:NCE: SQUTH 83'/6:.34" EAST 51.20 FUr:
THE:NCE NORTH 8744'04' E'AST 241.93 FfIT;
THENCE: SDIITH 84'57'4{" E'AST 120.35 FEU TO THE: SOrITH LINE: OF SAlO TRACT "0";
THE:NCE ALONG THE: SOrITH LINE: OF SAID TRACT SOr.rm 6745'14" WEST 779.58 FfIT TO THE POINT OF BEGINNING.
CONTAINING 14,202 ;;OUARE FUr MORE: .oR LESS. '
SUBJECT TO EASEJJEwrs '" RESTRlcnONS OF RE:CORD.
EXHIBIT A
Page.LL ofJ2).
,I
REWSEC>:9-21-05 rPHL/!SS7
UN.r l'
FlDRfDA RCGlSTRA .ts 15627
NOT VALlO lIN1ESS SllWtIJ BY THE .5UR1f)t)// AND
srAI.ED lt17/1 THE: SlJIM'ltW:S- EJIBOSSE/) SEAl.
CCHF7F1CAlC (JF AUTH0R!b.1ION I ~-"J
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""" NOT A SURVEY """
~ 1lQ.,l 62081 t I PAACl!I- ~ I 112 a,otl COLUER COUNTY TRANSPORTA nON.
'.l:lSfJRltlliller' << _...~- ENGINEERING'" CONSTRUCTION MANAGEMENT DIV1S10N
.lfHi =. LEGAL DESCRIPTION
.... . BEiNG PART OF SHORES Ar BD?KSHIRE I.AKES .PHASF rnt>-A.
t'IImn.~.~.~.~~.'IbIwp31Ib1o..l1...r. PLAT80OKS2. PAt;e581-5Z.
MIrik; he:. COLUffi COUNn', FLORIDA
~.F..U6W'.""""""ToIpo ~ 11'R0JECt1iO.l _IS\! 1l~"FlU:Hll.l
=1lc.IIJ'tw,u.&ll'~Ildt~../fIQ)l~.fU~'lI'*S.~ 04/2002 N6022-002-D70-TDHYrP IJlZA Of xxx 2GG-20.J
Ocl 07, 'lOOS - 10:.00:14 GLA/'lDlX:\SUR\H5D2.2\Sblr:h DJ Ouc:tIpIl"".\Sub"..;U_d',..2.Q<l2tu112a-<"".........
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BOVLEVARD 5
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JJ IffST LINt OF SECrTON JJ
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PHAS[ 11+0-.4
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o J7,$ 7& 150
GRAPHIC SCALE
r-
I
'00
NDO'D7'O'.W 892.36'
500"07'01"[ 871.81'
PARCEI.~l1.A
'RO-'l!:> GASfmf-n, Po",-
Ll
No. Sf. 1AI,01LL..
1JJUSlJUARCfCCT
SHORES AT BfRKSHIRf
LAKES. PHASE TWO-A,
PLA T BOOK J2, PAGES
60-61
LINt
Ll
l2
lJ
l4
l5
l'
Ll
l8
UNf "TABLE
8EARING
N . . 9"
o 7'58"[
58 16'J4u f
584' 7'41.
. '19"
N 4',57'41"W
NBJ'f6'34"W
NS4'Oo'04"W
DISTANCE
i5.00'
25.55'
51.20'
6.09'
15.00'
5,14'
51.20'
25.02'
LEGAl. DrSCRIPTlON
ALL THA T PART Of' TRACT "0" SHORES A T BERKSHIRE LAKES PHASE
rwo-;A A SU8DJVlSON L 'fiNe IN SECTION JJ, TOWNSHIP 49 soum.
RANGE: 26 ~AST. COLLIER COUNTY, nOR/OA, AS RECORDED IN THe
OFFICIAL ReCORDS Of' COLLIER COUNTY. PLAT BOOK J-Z PAGE 60 &: 51,
8E1N(; MOR~ PARncuu..RLY O(SCRIBEJ) AS FOLLOWS:
COMMeNCING AT TH~ SOUTHW~ST CORNfR OF TRACT >>0>> OF SHORfS AT
BeRKSHIRe LAKfS, PHASE TWO-A TH!NCE ALONG THE WeST LINt: OF
SAID TRACT ~{f SAID UNE ALSO BEING THE EAST RIGHT OF WAY LINE
OF SANTA BARBARA BOULevARD (too FOOT RIGHT OF WAY) NORTH
OO'07'D'~ Wf"ST J8.52 FEa TO THE POINT OF BEGINNING;
THtNC( CDNT/NUt ALONG SAID LINE NORTH OCF07'Ol~ Wf"Sr 892.36
mT;
THENCE NORTH 89'S2'S9~ FAST 15.op FCET:
mENCE SOUTH ()(]'Dl'Ol" EAST 871.81 nET;
THENCr SOUTH J9'07'5/J" [AST 2S.5S FfIT;
THENCr NORTH 87"....'O~ EAST 336.35 ITIT;
THENCE SOUTH 83'16'J.~ CAST 51.20 Fra;
THffiCr NORTH 87'44'04" fAST 241.71 FrET;
THENCr SOUTH 84'57'4'>> EAST 6.09 FrET;
niEHe€: SOUTH OS'02'I9" Wf"sr 15.00 FEU;
THENCE NORTH 84'57'41" WeST 5.1.. FEET;
THeNCe SOUTH 8r44'O.~ WEST 241,9J Ffrr;
THeNCE NORTH 83'16'J4" Wf"sr S1,20 rrrT;
THf"NCf SOUTH 87'44'04~ WEST J"6.38 FEU:
THENCr NORnl 54'06'O"~ WEST 25.02 FEET TO THE POINT OF
BEGINNING.
CONTIIJNlNG OR 2J,J82 SOUAAr Ffn. MORE OR LESS,
SUBJECT TO EASeMeNTS AND RESTRICTIONS OF RECORD.
BE:AR/NOS ARE BAsro ON THe f'..\ST frIGHT Of' WAY LlNf OF SAID SANTA
BAReMA BOUL!VARD BflNG NORTH OO'07'O'~ WEST,
*** NOT A SURVEY ***
LEGEND:
" " " " . PROPOSED TEMPORARY
f... ",," " ,,"-'1 CONSTRUC"ON CASEMENT
~ PROPOSED R.o.W.
R.O.W. - RIGHT OF WAY
,tIJl/N/JSMelAttDCiUIrJlt1H P.OR.... 'paNT OF B[{;JNMNG
~o/::jt~~1I'
mb r. Tafn~ lAST llW.
LAN L stlR'lf"Yai' .. UAPPfR
flORIDA REG/STRA LS /5627
NOT VALJD UNLESS SIGNED BY THE SUR\lfYOR AND
stALED 111 TH THE SURl.f"l"OIi':S EMBOSS[[) SEAL.
emF/neAT[ Of AfJ7ffORllA7lON I L8-4.]
,'PRo.m:T ~o.l 62081 PNIOll. NO" .1.'t2A Cl.JOm COLLIER COUNTY TRANSPORTATION,
~'l.l.MI.~~'er--"~- E:IIGINEERING'" CONSTRue nON MANAGEMENT DIVISION
. mu: SKETCH Or: DESCRIPTION
BEING PART OF SHOR!S AT BEI?I($HIR! LAKCS PHASe TWO-A.
~'~'&lcobcII*.~.~MMIctI.~~ PLAT BOOK :12, PAGCS 60-61,
~,he,. COLI./!'R COUNTY, flORIDA
.....""...................1_ 1lI'o11:, PflC.Jr.CftlO.: S NOI.IBDlt "l.E~O.,
... ~.......IIdlI,...,.........,...................._ 71/2005 N6022-002-0lo-lDHlIP 1l2A OF' xxx 2GG 203
JlII'I09, 2006 - 13:28:45 li.llLlERlx:\suir\N8ll22\Sk.lclforOii.crlptlon.\Sl.ltlmltllld\2CC20JS712A.dw,
Agenda Item No. 16K1
June 12, 2007
Page 23 of 24
"
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Agenda Item No. 16K1
June 12, 2007
Page 24 of 24
BERKSHIRE: LAKE:S UNIT # 1
PLAT BOOK 14 PAGE:S 118-120
BLOCK "A"
1.-
o ~ 1110 300
GRAPHIC SCALE
.~
SHORE:S AT BE:RKSHIRE:
LAKE:S PHASE: IWO-B
1/4 CORNER
SE:CTlONS 32/33
T-49-S, R-26-E:
N05'04'44"E: 34942'
L2 .
505'04'44 "w 298.59'
flLOCK "G"
PARCE:L 1.12 e,
'R.OAl> !?.'\Sf """u,-r Pol:.
NOISE- wA1...L
21,737 SOUARE: FE:a
LINE: TABLE:
BEARING
NOO'07'OI"W
S 4'55'16"
S17'41'44"W
S72'18'16"E:
SOS'04'44"W
S89'52'59"W
LINE:
L1
L2
L3
L4
LS
L6
DISTANCE:
14.B7'
15.00'
9.22'
2.06'
40.70'
15.00'
~
INsa BLOCK "G"
S~LE: /.-30'
InuI~
AU. lHArPNlrrr IltACr7'OF.SHQ/fSATBCRGfREI.AKESPHASt TIO-<< A svtDVS1ON'IN;M
SECT/(M.u n:IIIV$W'4ISOO1H,IfAl<<HEoU'l, ctJUEItCl:Uin:nOlllllA,ASR<<OItOCDIN l'H(arrJAI.
RECafD$OFCOlJUICW'I'l'l: /'Ut6fXl(J4, PAaSfD-J$, BtM://ORtPAR/lCU:AIlf.YDfSCR/BED,(S
,,"...
CQIIfH;NQNGAT 1HE SW1H1lCST roIINE1/ OF fI*: AFrREJItHl1ONEtJSHafOArNRX5JIItE LAKCS IWASC
""-.
fflOICf:ALDNC rHf:If[3"tI.H:OFSWSHatOAT8Ellt.'Sl(Il(u.lltS~ rMl-. SUlUNf~ 8CHJ
1H( fASrRlCHrOfll4rUNfOFSoWD ~ auwuro (R/QfrOl'lI4rlllnf ltIRln') NOR1HDO'ONI,"
t[STIU7F'fIT1D9€Pl>>ffOFIlf!:MIl\Q'
fHENaC'ONTlHlE AJ.~ s.w UNf rIfE ftUllllrlC W COIRS!S *lJSTANCt$
r)NJIt1H 0I1'D7'O,"1QT 1,ItJI.DlFml'
1) MJR11t 05YU'44" asr "".12 FrET:
rHO!CtWw.t:'SWUNfSOUlH#NYlrtASTf.s,ooFCEr roil. fIIO/IIdONA Ute I$.DOFCCTllIS1 OF
ND 1WW..lB. lWlH s.w WT RlCHTer.rUNC.. 5HDIt6n IIE1<<S$It tMn JINtSF 1JIO..j' 107
........."'"
THOaAL(;MCS(t:I UNtSOlJ7H_'4~ mTIJUlFCrr ItIA POIIdDN 1Hf: ffUfIM (ll'1HJRESJ,T
I(Rf(SJfflE tAKa!'HASt IlIO-8, JIL()CJ( "(1'/
THDICEN./WCSUlUiC SOI/11{ /l"ffW"lIDT,.nmr I'll rHl!SOlIIIMST~ OFSA6:Jlloar"C';
1HCNCr~rHf:$C/fJTNtIH(OF$4IDf/I(OCI('a"stlU1H1TlrlrCA$fz.rJlFftTroAfIOINrDIIAt/NE'
lJ.aof[F1'CA$TorAMJI'lWUU1I1fIHS4(IfAST'IICId()F'lI4rlJNt"SHCIMSAlI/DIfGHItE~
fJH4Stntt::l...IIOT~1MC
1HOiCEALQWlS4CIIMI'J/ITH~'K'ft1TofD.llt1'tCf;
T1ENCf CtWIIM'MONI1 $4ID /.RS(VIIf(J(1W'O" WI' 1,1OD,J8 f<<T:
THQiCE IEAWC.$W UlCSOUfH4V$nI" IIGf J"", FFEf ltIA PCtNfON me wr 1ItGIff0f' _rIM;
o;1HC~SiWTA84RlWIl~MlDIDTlOt.MWn'lIt(Of'H~
SM:JRO'AT~WlDfIWISlI'WO-#AIIIl/M:1'OMrorKf;IIHHG.
Ci;NTAHNGZI1'vSOlW/€FEET.JIORCOItLES.
SlJ&ECT"'CAstJKN~AClRES_1ICNSor~
I/CAR1Na$A/IC-&4$a)rM1Ht:lIE1rLMrFSEC11ONJX ~f'5tJlffH./WfIZlf(.ur; C%UER
ClUIrr,-FltRIM IElHCNOIUH0C'01'DI"1lE'ST.
... NOT A SURVEY ...
LEGEND:
PROPOSED lFJ,{PORARY
" '" ',>, '" '" '" "l CONSTRUCTIOV eASCMeNT
LANC! H. P. \4l. S&~l1W .t MAPPER
FlOl?IDA MGlS77rA LS ,s&27
NOT VAUO UNlESS SIGN[{) BY me SlIHVE:rr.JH A.NO
SEALED MTH THE SUR\IfYOk'S EIIBOSSED SEAL.
CERF1FJCA rr OF AU1J.IORIZA 710N I LB-4J
"~A<<.soflt_nt
=::=~-*!lr':;.:;1f
mlPl r-I trill IlI'lllM IlU1 me:
R'.o.w. .. RICHT OF WAY
P.O,B. ". POINT. OF BEGINNING
P.D.C. .. POINT OF COOUENCfMENT
'lIIOJtl:T 1lO~
62081 Plllm N(l" 128 CLOITI COLU~ COUNTY TRANSPORTA71ON.
-. .~- E:NGlNEEffING '" CONSTRUCTION MANAGaltrNT O/VlSlON
WI/,.,MiHer' "'. BEING PARfKGfWjGrAf.~IJ.~Cf!P.r!~_, LAXOS
/'kNIno'~'~'&nIrln'~AnMIcII.~~ PL~!:dim::.~o///o~r5
........,~.~.. lMTt. I'IlO,ItCTNO,t SHEtT_Bttb PlLtwo.,
_....,~........""**MIlJ-ft11.,.. .........,.""tHH'I".............".. 12/200' N6022-002 010 TDHI+P 7128 GF XXX 2GG-203
:m Ot. 2006 - \1:2.3:J4 ll.l1llERllt:\SUR\N6022\SIoIt\Ilh OlO,..:rlptlOl'\,l\SubmlU.,\2gq20JI7121.dWll
.
Agenda Item No. 16K2
June 12,2007
Page 1 of 4
Executive Summarv
Recommendation to Approve an Agreed Order Awarding Expert Fees and Costs Relating to
Parcel No. 178 in the Case Styled Collier County v. Teodoro Gimenez, et al., Case No. 04-0561-
CA (Vanderbilt Beaeh Road Project #63051) (Fiscal Impact: $56.000.00).
OBJECTIVE: That the Board of County Commissioners approve the Agreed Order awarding
expert fees and costs in the amount of $56,000.00 as to Parcel 178 in the case styled Coliier County
vs. Teodoro Gimenez, et al., Case No. 04-0561-CA (Vanderbilt Beach Road (CR862) Project No.
63051 ).
CONSIDERATIONS: On March 28, 2006, the Board of County Commissioners approved a
mediated settlement providing for the purchase 0 f the remainder property and full compensation for
the acquisition of Parcel 178, which is owned by Respondent, Ross M. McIntosh, as Tmstee of the
GG/951 Southwest Land Tmst. A Stipulated Final Judgment reflecting the mediated settlement was
submitted to the Court on April 7, 2006. Pursuant to Section 73.091, Fla. Stat., the property owner
is entitled to all reasonable and necessary costs incurred in the defense of the eminent domain
proceeding. As one of the costs incurred in their defense, counsel for the property owner has
submitted invoices for appraisal expert fees for Klusza & Goding, Inc. and Carroll & Carroll, Inc.,
in the amount of $70,702.00. Discovery was undeliaken by the County to evaluate the
reasonableness of the appraisal work involved, and a cost hearing was set for May 17,2007. After
negotiation the parties have ultimately agreed to the amount of $56,000.
If approved, the County will pay the fo llowing costs:
. Appraisal Fees and Costs
$56.000.00
TOTAL:
$56,000.00
Attached is the proposed Agreed Order.
FISCAL IMPACT: Funds in the amount of $56,000.00 are available in the FY 2007 adopted
budget. Source of Funds are Gas Taxes and/or Impact Fees.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDA TION: That the Board of County Commissioners:
I. Approve the Agreed Order as to appraisal costs for Parcel 178; and
2. Approve the expenditure of funds as stated.
....'--
PREPARED BY: Ellen T. Chadwel~ Assistant County Attorney, Office of the COWlty Attorney
Item Number:
Item Summary:
Meeting Date:
Page] of 1
Agenda Item No. 16K2
June 12, 2007
Page 2 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16K2
Recommendation to Approve an Agreed Order Awarding Expert Fees iJnd Costs Relating 10
Parcel No. 178 in the Case Styled Collier County v Teodoro Gimenez. at aI., Case No 04.
0561 .CA (Vanderbilt Beach Road Project #63051) (Fiscal Impact $5600000)
6.11212007 90000~,M
ManagementlBudgetAnalyst
Date
Approved By
LiuTaylor
Tran!>portlltionServioes
TransportntionAdministralion
511412007 e:2SAM
TransportlltionDivisionAdministrlltor
Date
Approved By
Norm E. Feder, AICP
Tra05portation$ervices
Transportation ServicM Admin,
5/15120078:11 AM
Director
Date
Approved By
NajehAhmad
TranspoliationServices
Transportation Engineoring &
Construction Management
5115/200710.32AM
Assistant County Attorney
Date
Approved By
Ellen T Chadwell
County Attorney
County Attomey Offica
5118120071:12PM
Date
Approved By
Kevin Hendricks
Transportation Services
RighI Of Way Acquisition Manager
TECM-ROW
5118120073:17 PM
D".
Approved By
Sharon Newman
TransportlltionServi"es
Accounting Supervisor
TransportlltionServicesAdmin
5/22120078:21 PM
County Attomey
Date
Approved By
DlIvid C. Weigel
CounlyAttomey
County Attorney Office
5130/2007 '3:20 AM
OMBCoordinlltor
Date
Approved By
OMBCoordlnator
County Manager's Office
Office of Manilgement & Budget
6/1120079:19AM
Senior MtmagomenliBudgel Analyst
Date
Approved By
Susan Ushor
County Manager's Office
Office of Management & Budget
S11f200711:45 AM
Date
Approved By
Michael Smykowski
County Manager's Office
Management & Budget Director
otfice-ofManagement&Budget
6111200712:35 PM
County Manager
Date
Approved By
James V Mudd
Board of County
Commissioners
County Manager'sOffica
613/20073:55PM
file://C:\AgendaTest\Export\84-June%20 12.%202007\ 16. %20CONSENT%20AGENDA \ 16K... 6/612007
Agenda Item o. 16K2
June 2, 2007
Pa e 3 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.: 04-0561-CA
Petitioner,
Parcel: 178
vs.
TEODORO GIMENEZ, et al..
Respondents.
/
AGREED ORDER AWARDING EXPERT FEES AND COSTS
I
I
TillS CAUSE, having come before the Court upon joint motion of the parties, Petition~r,
I
COLLIER COUNTy, FLORIDA, and Respondent, ROSS M. MCINTOSH, TRUSTEE OF T$
GG/951 SOUTHWEST LAND TRUST, by and through their undersigned counsel, for entry of
an Agreed Order Awarding Expert Fees and Costs, and the Court. being fully advised in t e
premises, it is hereby
ORDERED AND ADJUDGED that Respondent, ROSS M. MCINTOSH, TRUSTEE F
THE GG/951 SOUTHWEST LAND TRUST, shall recover from Petitioner, COLLrdR
COUNTY, FLORIDA, the sum of Fifty-Six Thousand and No/IOO Dollars ($56,000.00) ~or
appraisal fees and costs incurred in the defense of this proceeding as to Parcel 178.
ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY, FLORIDA, shall
I
within thirty (30) days from the date of this Order, pay the total sum of Fifty-Six Thousand a1d
No/IOO Dollars ($56,000.00) to the LAW OFFICE OF BRIAN P. PATCHEN. P.A. TRUST
,
Agenda Item o.16K2
June 2, 2007
Pa e 4 of 4
ACCOUNT c/o Brian P. Patchen, Esquire, 1000 Brickell Avenue, Suite 1112, Miami, FL 331 1
for proper disbursement in accordance with this Order.
ORDERED AND ADJUDGED that Respondent waives any entitlement to supplemen aI
attorney's fees, and that no other costs are to be awarded in this matter.
DONE AND ORDERED this _ day of
, 2007, in Naples, Collier Coun y,
Florida.
CYNTHIA A. ELLIS
Circuit Court Judge
Conformed copies to:
Ellen T. Chadwell, Esquire
Brian P. Patchen, Esquire
Kevin Hendricks, Mgr., ROW A Office
Accounting
JOINT MOTION
The undersigned parties hereby respectfully request this Court to enter the foregoing
!
Agreed Order Awarding Expert Fees and Costs as to Parcel 178.
Dated:
Dated:
ELLEN T. CHADWELL, ESQU R~
Florida Bar No.: 0983860 n\!J
COUNTY ATTORNEY'S OFFIC'
Harmon Turner Building
3301 East Tamiami Trail ,
Naples, FL 34112
(239) 774-8400 - Telephone
(239) 774-0225 - Facsimile
ATTORNEY FOR PETITIONER
BRIAN P. PATCHEN, ESQUIRE
Florida Bar No.: 157545
LAW OFFICE OF BRIAN P. PATCHEN, P.A.
1000 Brickell Avenue, Suite 1000
Miami, FL 33131
(305) 372-1112 - Telephone
(305) 372-3691 - Facsimile
ATTORNEY FOR RESPONDENT
Agenda Item No. 16K3
June 12, 2007
Page 1 of 8
Executive Summary
Recommendation to Approve a Stipulated Final Judgment for Parcels 858 and 958 in the
Amount of $19,300.00 in the Lawsuit Styled Board of County Commissioners of Collier
County v. Grand Cypress Communities, et aL, Case No. 05-1053-CA, South County Regional
Water Treatment Wellfield Project #70892. (Fiscal Impact: $650.00).
OBJECTIVE: The public purpose is to expand the South County Regional Water Treatment Plant
(SCRWTP) Well field by 23 wells to produce sufficient reliable raw water for the previously approved
SCRWTP 12-MGD RO Expansion and increase the plant's finished water Reverse Osmosis (RO)
capacity to 20 MGD.
CONSIDERATIONS: Prior to the suit, staff offered the Respondent, Grand Cypress Communities,
Inc., $17,330 which was rejected. This item is included in the 2005 Water Master Plan update (Table 8-2,
page I line 18) adopted by the Board of County Commissioners on June 6, 2006, item lOB. These
parcels are being acquired for the well field expansion to provide sufficient raw water to the South Water
Treatment Plant.
This Executive Summary seeks approval of a proposed Stipulated Final Judgment to Respondent, Grand
Cypress Communities, fnc., in the amount of $ I 9,300.00 as full compensation for the acquisition arising
out of the condemnation of Parcels 858 and 958 in Board of County Commissioners of Collier County v.
Grand Cypress Communities, Inc., el al., Case No. 05-1053-CA. These parcels are part of the required
land acquisitions for this project.
The County acquired the subject property by entry of an Order of Taking entered on October 18, 2005
and by depositing $19,300.00 into the registry of the Court on November 2, 2005. The Respondent,
Grand Cypress Communities, Inc. has agreed to accept the amount of$19,300.00 as full compensation for
the property taken. In addition, the Stipulated Final Judgment provides for payment of attorney's fees in
this case. Attorney's fees are mandated by (i73.092, F.s., and are based on 33% of the difference between
any settlement amount and the initial offer, i.e., 0.33 X ($19,300 - $17,330),
If approved, the County will be required to pay as follows:
. Statutory Attorney's Fees
$ 650.00
TOTAL:
$ 650.00
Attached is the proposed Stipulated Final Judgment.
FISCAL IMPACT: Funds in the amount of $650.00 are available iu Project #70892, South County
Regional Water Treatment Plant Reverse Osmosis Wellfield Expansion to 20-MGD. Source of funds are
Water Impact Fees, Fund 41 I.
GROWTH MANAGEMENT IMPACT: This project meets cunent Growth Management Plan
Standards to ensure the adequacy and availability of viable public facilities.
RECOMMENDATION: That the Board of County Commissioners:
I. Approve entry of a Stipulated Final Judgment and expenditure of the funds.
PREPARED BY: Ellen T. Chadwell, Assistant County Attorney
Agenda Item No. 16K3
June 12, 2007
Page 2 of 8
2
Item Number:
Item Summary:
Meeting Date:
Page ] of 1
Agenda Item No_ 16K3
June 12, 2007
Page 3 of8
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
15K3
Recommendation 10 A.pprove a SlipulatOld Final Judgmem fo~ Pmcels 858 alld 958 III the
Amount of 519,300 OC!I1 me Lawsuit Styled Beard of County Commissloners of Collier
Counly v. Grand Cypre" COITlmunities, et ai, Case No 05.1053-CA, South County Regionai
\Nater Treatrnent VVellf,e:d PrOjectltiOSY2 (F,scallmpact S650.00)
Sf12/200TSt:OQOQ,'\M
Assistant County Attorney
Date
Prepared By
EllenT. Chadwell
CnuntyAttorney
County Attorney Office
5/14!2.00710,36:40AM
Assistant County Attorney
Date
Approved By
Ellell T, Chadwell
County Attorney
County Attorney Office
5/18/20071:13 PM
Sr. Proje<;t Manager
Date
Approved By
Phil E.Grarnalges. P.E.
Public Utilities
PublicUtrlilies Engineering
5123/20079:28 AM
Thor\H!lsWides
Operations Director
Date
Approved B}'
PublicUlililies
Public Utilities Operations
5/23/20071:04PM
Approved By
Roy B And~rson, P,E.
Public Utilities
Public Utilities Engrneering Diractor
Date
Public Utilities Engineering
5124/20077:53 AM
D~te
Approved By
JamcsW.DeLany
Public Utililies
Public Utilities Administroltar
Public Utilities AdminislrJtion
5/24l200711:03AM
OMB Coordinlltor
Date
Approved By
OM8Coordinator
County Manager's Office
Oftice of Management 8. Budget
5/25120074:02 PM
County Altomey
Date
Approved By
DJvidC. Weigel
County Attorney
County Attorney Office
5/J,W2007 SU1 AM
Senior ManagomontlBudgelAnalyst
Date
Approved By
SusanUsller
County Manager's Office
Office of Management 8. Budget
611/200711:50 AM
Mj.;;hael Smykowski
Management 8. Budget Diractor
Date
Approvcu By
County Manager'g Office
Office of MJnagement & Budget
611/20071:16PM
Allllrovl'd By
Jam,"-sV, M"dd
Board C'fCounty
Commissioners
County MJnager
Date
County Manager's Office
6/4120079:40AM
filp..llr.\Ap-enclHTp.sf\Fxn()r1\R4-llml~%?O I? %?mn07\ I h o.-'/,)OrONSFNT%?O,f>,(;FNDA \ 1 AK
.
Alfin007
Agenda Item No. 16K3
June 12, 2007
Page 4 of 8
IN THE CIRCillT COURT OF THE TWENTIETH JUDICIAL CIRCillT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, as the Governing
Body of Collier County and as Ex-Officio Governing
Board of the Collier County Water-Sewer District,
Petitioner,
Case No.
05-1053-CA
v.
Parcels:
858,958
GRAND CYPRESS COMMUNITIES, et aI.,
Respondents.
/
STIPULATED FINAL JUDGMENT
TIllS CAUSE having come before the Court upon Joint Motion made by Petitioner,
BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, as the
Governing Body of Collier County and as Ex-Officio Governing Board of the Collier County
Water-Sewer District, and Respondent, GRAND CYPRESS COMMUNITIES, INC., by and
through the undersigned counsel, for entry of a Stipulated Final Judgment as to Parcels 858 and
958, 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 Respondent,
GRAND CYPRESS COMMUNITIES, INC., and the Court being otherwise fully advised in the
prernises thereof, it is thereupon
#'
ORDERED AND ADJUDGED that Respondent, GRAND CYPRESS COMMUNITIES,
INC., have and recover from Petitioner, BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, the sum of Nineteen Thousand Three Hundred and No/IOO Dollars
($19,300.00) for Parcels 858 and 958, inclusive of the good faith estimate of value of $19,300.00,
deposited by Petitioner, as full compensation for the property interests acquired and for damages
resulting to the remainder, if less than the entire property was taken, interest, and for all other
damages in connection with said parcels; it is further
Agenda Item No. 16K3
June 12. 2007
Page 5 of 8
ORDERED that Respondent will receive, pursuant to 973.092(1), Fla. Stat., as a reasonable
attorney's fee the sum of Six Hundred Fifty and No/I00 Dollars ($650.00) based on a benefit of
$1,970.00. Except as provided herein, no attorney's fees or other defense costs, including expert
witness fees, shall be awarded in connection with the above-styled cause of action as it relates to
Parcels 858 and 958; it is further
ORDERED that Petitioner, BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, shall pay the sum of Six Hundred Fifty and No/I00 Dollars ($650.00) to
SALVATORI & WOOD, P.L" c/o Casey K. Weidenmiller, Esq., 4001 Tamiami Trail North, Suite
330, Naples, Florida 34103, for attorney's fees and costs; it is further
ORDERED that Clerk of this Court shall disburse forthwith the sum of Nineteen Thousand
Three Hundred and No/I00 Dollars ($19,300.00), made payable to SALVATORI & WOOD, P.L.
Trust Account, c/o Casey K. Weidenmiller, Esq., 4001 Tamiami Trail North, Suite 330, Naples,'
Florida 34103, for the benefit of Respondent, GRAND CYPRESS COMMUNITIES, INC.; it is
further
ORDERED that title to Parcels 858 and 958, access and utility easements, being fully
described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner,
BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, pursuant to the
Order of Taking dated October 18, 2005, and the deposit of money heretofore made, are approved,
ratified, and confirmed; it is further
ORDERED that the Notice of Lis Pendens filed in this cause and recorded in Official
Record Book 3825, Page 3721 of the Public Records of Collier County, Florida be dismissed as to
Parcels 858 and 958; it is further
ORDERED that pursuant to Section 74.051(3), F.S., the Clerk of Courts shall disburse the
interest earned on the funds on deposit in the amount of
to Board of County
Commissioners of Collier County, Florida, c/o Ellen T. Chadwell, Assistant County Attorney,
Office of the County Attorney, 3301 East Tamiami Trail, Naples, Florida 34112; it is further
T
I'
L
L'.g9nQ~ It.;fY'l I\ln 1RI.('~
June 12,2007
Page 6 of 8
ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of
Collier County, Florida; it is therefore
DONE AND ORDERED in Naples, Florida. this _day of
.2007.
LAWRENCE D" MARTIN
Circuit Court Judge
Conformed copies to:
Ellen T. Chadwell, Esq.
Casey K. WeidenmiIler, Esq.
Kevin Hendricks, TranslECM/ROW A
Bookkeeping
JOINT MOTION FOR STIPULATED FINAL JUDGMENT
.___t_.
Petitioner, BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, together with Respondent, GRAND CYPRESS COMMUNITlES, INC., hereby
respectfully move this Court for an entry of the foregoing Stipulated Final Judgment as to Parcels
858 and 958.
n.<ot So/.17
/
Dated:
ENMILLE
orida Bar No.: 0521 5
SALVATORI & WOOD, PL.
4001 Tamiami Trail North, Suite 330
Naples, Florida 34103-3060
Telephone: (239) 263-1480
Facsimile: (239) 649-1706
ATIORNEY FOR RESPONDENT,
GRAND CYPRESS COMMUNITIES, INC.
ELLEN T. CHADWELL, FS, Q. (j)
Florida Bar No.: 0983860
OFFICE OF TIIE COUNTY ATIORNEY
Harmon Turner Building
3301 East Tamiami Trail
Naples, Florida 34112
Telephone: (239) 774-8400
Facsimile: (239) 774-0225
ATIORNEY FOR PETITIONER
..-
.,
L---
,
~i
Agenda Item No. 16K3
June 12, 2007
PROJECT --.:J()~~ 1 of 8
PARCEL 'E\5'i<
FOLIO' 'l("5<$(~k)Sc:,5
L- EXHIBIT
A'
, I (b~ j 1-2
,-;,,,.,..?>-
. SKETCH ANDDE.SCRIPTION
OF AN ACCeSS E~SEMENT
TRACT 10. TOLLGATEcOI.lMERcIALCElllER. PHASE 2
COWER cOI:lNTY. fLORIDA
lRACT B-lI ? ~
T.e.a.
0 , . PH. :2 I ~
15.00',
N89'56"16-E .
- - - .
.O,B; t&l.60' ~
P.O.C.
NW CORNER 'J f.P .&L R/W
lRACT 10 EAS(UENT
'" ~~ "
(; ... lRACT 10
1RACT 9 T.C.C., P~. 2 TRACT 15 .
T.C.C. I~ :; PB lB.-PO' 2+ ; ., T.e.C.
, PH. 2 l'i FOUO NO.: ~ Ii PH. 3
.~ 76ll85Oli0555
f.p.a - FLORIDA POWER & UCHT CO. -I ~. ,
R/W - RICHT.,~WAY . "PROPOSED .15'
T.C:C. ., TOUJ:>liTE_MERClAL CENTER 'f. UTlUTY EASEJ.lENT
PB .:... PLAT BOOK l
PG - PAGE 15J.4~'
- PH. - PHASE SS9'58 02 W - -
P.O,B. - POINT OF' BEGtNNING
P.O.C. - POINT Of CO"MENCEMENT STATE ROAO 84
(BECK BO~ARO)
nFF:CRIPllON: A PAACfJ. Of LAND LYING IN TRAf;T 10, TOLLGATE COMMERClAL CENTER. PHASE 2. A~ RECoRDED IN
PLAT BOOK 18. PAGE 2+. PUBUC RECORDS OF GOWER COUNTY. FLORIO,,", DESCRIBED AS FOlLOWS: .'
COMMENCING AT THE NORlHWEST CORNER OF lRACT to. SAID rOlJ.GATE COMMERCIAL CENtER, 'PHASe: 2. THENCE
RU~ NORlli 69'.56'16- EAST FOR A DISTANCE OF 1.5.0D FEET ALONG n1E SOU1HERL Y UHE OF TRACT 9-11 OF SAID
TOI1.G"TE CO....ERCE CEN1ER TO TlHE POINT Of BEGINNiNG: TlHENCE CONlINUE NORlH 89'56'16" EAST fOR A
DISTANcE Of 158.60 fEEt ALONG TlHE SOU'lliERLY UNE Of SAIO ~AtT B-ll TO TlHE NORlHEAST CORNER Of SAID
. TRACT lO; 'tHENCE RUN SOUTH 00'46'58" WEST fOR. A OISTANCE Of 214.20 fEEf ALONGTlHE EAST UNE Of SAlO
'TRACT 10 TO. THE SOUTHEAST CORNER Of SAID :TRA.CT 10;;~ENCE RUN. SOU'l'H 8g.SS'02.~ 'WEST FOR A DISTANCE
Of 1S3.H fEET ALONG SAIO THE SOUTH UNE Of SAlO TRACT 10, lHENCE RUN NORTH 00'03'<<" WEST fOR A
DISTANCE OF 214..19 fEET ALONG A lJHE TlHAT IS '5.00 fEET EAST Of (As MEAstlREO AT RIGHT ANGLES), AND
PARAUa.. TO. SAID WEST UHE. Of" TRACT 10. TO THE P.OINT .oF BE(lHNING.
CONTAlNING 33.204 So. fT.. OR 0.76 ACRES, "ORE DR LESS
MllJE:
~-~-j"-~ - ---- 'THE' PARCEL BEARING, DISTANCES, AND AREAS
CALCULATED ARE BASED ON A flElD SUR~ OF
JAMES . 'MtKlSoo (FOR THE FIRM LB677.3) . SEC1\ON 35. BAstS.oF BEAAING: STA.lE PL.A.NE
PRO DNAL SURVEYOR AND MAPPffi CaORDIN"TE SYSTE". .FLA. EAST ZONE, '83/90.
FL\':!PM~SE N&.JE. 4B76 THIS. IS NOT A SUR~Y
lli AY OF . 2004.
JEFFREY C. COONER AND ASSOCIAlES. . INC.
SURVEWlGAND l.lN'PlNG'
'3900 COLONIAL BLVD.. SUIlE,4. FORT ....YERS. 'FlORIDA 33912
PHONE: (239)277-0722 FAX:.(239)277.,-7179 Et.IAlL: SURVE'l1NGGCDONER.CDt.l
CUENT;.. GREEI.Ef AND HANSEN,. u.c DRAVtN BY: .!IF CHEci<ED BY, J,N.W.
PARCEL DESCRIPTION: DAre. a/VIM . SC&e 1."'-.1~O' . REV: 1 0_.20-04
ACCESS EASEMENT. )RACT 1'0, T.C."-
PH.2 Of .SEC J5-4~25 PROJECT- No: .020901 . . DWG. NO:SE<;"'T ....(Ai6) SHEET:'.I.oF 1
~
.Agenda Item No. 16K3
June 12, 2007
PROJECT 'It\'m:!~
PARCEL CISX'
FOLIO 'l(b'KX')05c;l:)")S
C EXHIBIT
A .. .
I ~~ 2 ~
SKETCH AND DeSC,RIPTION OF A
15' UTILITY EASEMENT
TRACT.10, TOLLGATE COMMERCIAL CENTER, PHASE 2
COWER COUNTY, FLORIDA
IIfY;
F.P .&:L ;... FLORJDA POWER & UGHT co.
, R/Vi - RlGHT:':'Of-WAY
T.C.C. - TlllGA 1E COM"ERClAL CENTER
PB - PLAT BOOK
PG ~ PAGE
PH. - PHASE
P,O.B. - POINT OF BEGINNING
P.O.C. - POINT Of COMMENCEMENT
lRACr B-It
T.C.C.
PH. 2
_~sN8;.~6~ __
1>.0.8. f J>.&L R/W
NW CORNER . 'EASEMENT
lRACT 10 tn Dl
..; ;. TRACT "10
N N T.C.C..PH. 2
... PB 18, po 2{
~
j:l
.~
"
TRACT 9
T.C.C.
PH. 2
~.
~.
"'
p
g
z
- ~15'090'
10.00'
S99'58'02"W
STA TIE ROAJ) 84
(BECK BOULEvAROY
fOUO NO.:
76BS5000555
I
-t
I
I
I
I
I
TRACT 15
T.C.C.
PH. 3
t~
~~
j.
m:SCRIPTION: A 15-FOOT STRIP OF LAND l'rlNG IN lRAcr 10, TOU..GATE COMMERCIAL CENTER. P.HASE 2. AS
RECORDED IN PLAT BOO/( 18, PAGE 24. PUBUC RECORDS Of GOI.iIER COUNTY, flORIDA. DESCRIBED AS fOLLOWS:
. .. ,
BEGINNING AT THE NORTH\\EST CORNER Of lRACT 10, SAlO TOLLGATE CO....ERClAL CENTER. PHAS" 2, THENCE RUN
NORTH 99'58'18" EAST fOR A OISTANCE Of 15.00 FEET ALONG lIiE SOUTHERLY UNE OF SAID lRACT B-l1: THENCE
RUN SOUTH 00'03'<<" EAST FOR A DISTANCE OF 214.19 FEET ALONG A UNE THAT IS 15.00 FEET EAST Of (AS
MEASURED AT RIGHT ANGlES), AND PARAlLEL TO, SAlO WEST UNE OF TRACT 10; 'THENCE RUN SOUTH 89'58'02"
WES.l' FOR A DISTAllCE Of 15.00 FEET ALONG 'SAID THE SOUOH UNE OF SAl0 TRACT 10 TO OHE WEST UNE Of SAlD
TRACT 10i 'THENCE ~UN NORlH 00"0"044- WEST FOR A DISTANCE OF 214.19 FEET ALONG SAID WEST UNE TO THE
POINT Of BEGINNING. '
CONTAINING 3213 SQ. FT.. OR 0.07, ACRES, LolORE OR ..lESS
.~~
.J N. WlU<lSON (fOR THE fiRM LB6773)
P SSIONAL SURvEYoR ANO "APPER
F1.0RjOA IJl)ENSE NO..:~ '1878
THIs'I~YDAY.OF '"'' 2004.
I:IQlf:
THE' PARCa BEARING, DISTANCES, AND AREAS
CALcutA TED ARE BAsED ON A f1ElJ} SURvEY OF
SECllON 35. BAS~ OF BEARING: S,A TIE PLMlE
COQflOINATE SYSTEM, FLA. EAST ZONE, '83(90.
THIS .IS NOT.A SURVEY
JEFFREY C. COONER ANI) ASSOClAlES. INC.
SURVE'rlNG AND t.IA1'PING
3900 COLONIAL BLVD., SI1ITE 4, ..FORT MYERS, FLORIDA 33912
PHONE: (239)277-0722 FAX: (239)277-7Hg E:t.IAIl: SURVE:YlNGCCOONER.COt.l
CUENT: GRErtEY AND HANSEN, LLG DRA\\N BY: JIll' CHECKED BY: J.N. W.
PARCEL DESCRIP110N: . 'DATE: 'B!27/04 SCAlE: 1."-lilO' REV: 10-20-04
15' UTlUTY EASEMENT, TRACT 10,' .
T.C.C. PH 2 OF SEe 35-49-29 PROJECT No: 020901 OWG No:SEOJST-AE(PG). SHEET: 1 0, 1
Agenda Item No. 16K4
June 12, 2007
Page 1 of 5
Executive Summary
Recommendation to Authorize the Making of a Second Offer of Judgment to Respondents,
Duffield W. Matson, III and Sarah Matson, for Parcels 7I7R, 917, 7I8R and 918R in the
Amount of $31,500.00 in the Lawsuit Styled Collier County v. Duffield W. Matson, III, et al.,
Case No. 05-1054-CA, South County Regional Water Treatment Wellfield Project #70892.
(Fiscal Impact: $16,350.00 if offer is accepted).
OBJECTIVE: The public purpose is to expand the South County Regional Water Treatment Plant
(SCRWTP) Well field by 23 wells to produce sufficient reliable raw water for the previously
approved SCRWTP l2-MOD RO Expansion and increase the plant's finished water Reverse
Osmosis (RO) capacity to 20 MOD.
CONSIDERATIONS: On July 25,2006, Agenda Item lOP, the Board of County Commissioners
awarded contract #06-3992 to John Reynolds & Sons, Inc. for the construction of the SCRWTP 20
MOD Well field Expansion Project #70892. The project is included in the 2005 Water Master Plan
Update (Table 8-2, page 1 line 18) and requires the acquisition of lands along the wellfield route to
accommodate the wells and necessary temporary construction easements.
This Executive Summary seeks approval and authorization for making a Second Offer of Judgment
pursuant to Section 73.032, Fla. Stat., to Respondents, Duffield W. Matson, III and Sarah Matson,
in the amount of $31,500.00 as full compensation, excepting attorney's fees and costs, for the
acquisition arising out of the condemnation of Parcels 717R, 917, 718R and 918R in Collier County
v. Duffield W. Matson, III. el aI., Case No. 05-1054-CA. These parcels are part of the required land
acquisitions for this proj ect.
The County acquired the subject property by entry of an Order of Taking entered on October 5,
2005 and by depositing $15,300.00 into the registry of the Court on October 12,2005. The Office
of the County Attorney would like to make a Second Offer of Judgment in the amount of
$31,500.00 as full compensation for the property taken, including interest and all damages. The
making of the Offer of Judgment will require the Respondents to carefully assess their claims within
30 days. Respondents will have thirty days from the date of mailing the offeT to accept. If the offer
is rejected and Respondents fail to recover more than $31,500.00 for Parcels 717R, 917, 718R and
918R, either through settlement or jury verdict, the County will not be required to pay any costs
incurred by Respondents after the dateofthe offer's rejection.
The subject property is located approximately 1300 feet east ofCR 951 and south of Lord's Way.
Parcels 717R and 718R are temporary construction easements; Parcel 917 is a utility easement for
transmission lines and Parcel 9 I 8R is a utility easement for a well site.
Should the Respondents accept, the County will be required to pay as follows:
. Additional Compensation for Parcels 717R, 917, 718R, 918R
. Clerk's Service Fee
$ 16,200.00
$ 150.00
~-
TOTAL:
$ 16.350.00
Attached is the proposed Second Offer of Judgment.
Agenda Item No. 16K4
June 12, 2007
Page 2 of 5
FISCAL IMPACT: Funds in the amount of $16,350.00 are available in Project #70892, South
County Regional Water Treatment Plant Reverse Osmosis Wellfield Expansion to 20-MGD.
Source of funds are Water Impact Fees, Fund 411.
GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan
Standards to ensure the adequacy and availability of viable public facilities.
RECOMMENDA nON: That the Board of County Commissioners:
1. Approve and authorize service of the Second Offer of Judgment;
2. Direct staff to deposit the sum of$16,200.00 into the Registry of the Court;
3. Direct payment of $150 service fee to the Clerk of court; and
4. Approve entry of a Stipulated Final Judgment and expenditure of the funds, should the offer
be accepted.
PREPARED BY: Heidi F. Ashton, Assistant County Attorney
Item Number:
Item Summary:
Meeting Date:
Page 10fl
Agenda !tern No. 16K4
June 12. 2007
Page 3 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16K4
Recommendation to Authorize lhe Making of a Second Offer of Jtldgment to Respondents,
Duffield W Matson, III and Sarah Matson, for Parcels 717R, 917, 718R and 918R in Ihe
Amount of $31,500_00 In the LawsUIt Styled Collier County v, Duffield W Malson, II!, et al"
Case No, 05-1054-CA, South County Regional Waler Treatment Wellfield Project #70892
(Fiscal Impac:t-$16.350,OO Ifofteris accepted)
6/12/20079 00,00 flM
Dilte
Prepared By
Heidi F. Ashton
County Attorney
Assistllnt County Attorney
County Atlomey Office
5/21/200710:36:46AM
Date
Approved By
ThomasWide$
Public Utilities
Operations Director
Public UtililiesOperatlons
5/22/2007127PM
Dorte
Approved By
Phil E. Gramatges, P,E.
PublicUtHities
Sr. Project Manager
Public UtllltiasEngineering
5/23/20079:27AM
Date
Approved By
Roy B. Ander"o!1. P.E.
Public Utilities
Public UtlliUc", Engineering Director
Public Utilltie~ Enginaerir.g
512412007210PM
Dale
Approved By
Jam...."W_DeLony
Public Utilities
Public Utiiilies Administrator
Public Utilities Administration
5124/20072:15 PM
Date
Approved By
DavidC.Weigel
County Attomey
County Altomey
County Attomey Office
5I:1012007\U:lAM
Dale
Approved By
OMB Coordinator
Co"nty Manager's Office
OMBCoordinlltor
Office of Management & Budget
6/1120079:20 AM
O<lle
Approved By
Susanlhher
County Manager's Office
Senior Management/Budget Analyst
Office of Management 8. BUdget
611i200712:45PM
Date
Approved By
MicllaelSmykowski
County Manager's Office
ManagementS Budget Diroctor
Office of MllnagemElnt 8. Budge!
6/1120071:31 PM
Date
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
County Manager's Office
61:1/20074:15 PM
fil,..JJr.\A opn,-l"T".<:t\Fvnnrt\RA.. ["",,,%?01? %?n?On7\ 1 h %?nr()N~FNTOIn?nA(;Pl\JnA \ 1 hI(
MhnoO?
Agenda Item No. 16K4
June 12, 2007
Page 4 of 5
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COllIER COUNTY, FLORIDA, as the Governing
Body of Collier County and as Ex-Officio Governing
Board of the Collier County Water-Sewer District,
Petitioner,
Case No.:
05-1054-CA
vs.
Parcel Nos.: 717R, 917, 718R, 918R
DUFFIELD W. MATSON, Ill. et aI.,
Respondents.
/
SECOND OFFER OF JUDGMENT
TO: William M. Tuttle, II, Esquire
WILLIAM M. TUITLE, II, P.A
1320 South Dixie Highway, Suite 851
Coral Gables, FL 33146
PETITIONER, COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Fla. Stat., and
Fla.R.Civ.P. 1.442, does hereby make this binding Offer of Judgment in this action to Respondents,
DUFFIELD W. MATSON, III and SARAH MATSON, for all compensation, including severance
damages, business damages, statutory interest, costs to cure, together with the value of the taking,
and any other claims of Respondents, DUFFIELD W. MATSON, 1II and SARAH MATSON,
arising out of the taking of Parcels 717R, 917, 718R and 918R, in the total amount of Thirty-One
Thousand Five Hundred and No/100 Dollars ($31,500.00), which includes the amount of
$15,300.00 which was deposited pursuant to the Order of Taking dated October 5, 2005.
There are no non-monetary terms or other relevant conditions to this offer except that this
offer does not include attorney fees and costs.
.
Agenda Item No. 16K4
June 12, 2007
Page 5 of 5
The construction plans and specifications for the project on which the offer is based have
been previously and continue to be made available for Respondents' review upon reasonable notice
of such a request.
Dated this
day of June, 2007.
OFFICE OF THE COUNTY ATTORNEY
Harmon Turner Building
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400 - Telephone
(239) 774-0225 - Facsimile
BY:
i'r'-
HEIDIF.ASHTON,ESQlITRE
Florida Bar No. 0966770
ATTORNEY FOR PETITIONER
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to
William M. Tuttle, II, Esquire, WILLIAM M. TUTILE, II, P.A, 1320 South Dixie Highway, Suite
851. Coral Gables. FL 33146 this _ day of June, 2007 via regulaT United States Mail.
HEIDI F. ASHTON, ESQUIRE
2
Agenda Item No. 16K5
June 12, 2007
Page 1 of 13
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment as to Parcels 716, 816, 916, 814 and
914 in the amount of $93,340 in the lawsuit styled Collier County v. Centrex Corp., Ltd., et at.,
Case No. 05-1129-CA (South County Regional Water Treatment Wellfield Project #70892).
(Fiscal Impact: $38,990).
OBJECTIVE: The public purpose is to expand the South County Regional Water Treatment Plant
(SCRWTP) Wellfield by 23 wells to produce sufficient reliable raw water for the previously
approved SCRWTP 12-MGD RO Expansion and increase the plant's finished water Reverse
Osmosis (RO) capacity to 20 MGD.
CONSIDERATIONS: On July 25, 2006. Agenda Item lOP, the Board of County Commissioners
awarded contract #06-3992 to John Reynolds & Sons, Inc. for the construction of the SCRWTP 20
MGD Wellfield Expansion Project #70892. The project is included in the 2005 Water Master Plan
Update (Table 8-2, page 1 line 18) and requires the acquisition of lands along the wellfield route to
accommodate the wells and necessary temporary construction easements.
This Executive Summary seeks approval of a Stipulated Final Judgment in the amount of $93,340
for payment of full compensation for the taking of Parcels 716, 816, 916,814 and 914, inclusive of
attorney's fees and expert fees and costs, in Collier County v. Centrex Corp., et at.. Case No. 05-
1129-CA. These parcels are part of the required land acquisitions for this project.
The County acquired the subject property by entry of an Order of Taking on October 5, 2005 and
subsequently depositing $54,500.00 into the registry of the Court. If the settlement is approved, the
County is responsible for the following costs:
. Additional Compensation:
. Attorney's Fees:
. Experts Fees & Costs:
. Clerk's Service Fee
$38,840.00
Included
Included
$ 150.00
TOTAL:
$ 38.990.00
Attached is the proposed Stipulated Final Judgment.
The subject property consists of two Parent Tracts. One Parent Tract is located at the intersection of
CR 951 and Lord's Way. The second Parent Tract is located east ofCR 951 and approximately
1650 feet north of the intersection of Rattlesnake Hammock Road and CR 951. Parcel 716 is a
temporary construction easement; Parcels 814 and 816 are access easements; and Parcels 914 and
916 are utility easements.
FISCAL IMPACT: Funds in the amount of $38,990.00 are available in Project #70892, South
County Regional Water Treatment Plant Reverse Osmosis Well field Expansion to 20-MGD.
Source of funds are Water Impact Fees, Fund 411.
GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan
Standards to ensure the adequacy and availability of viable public facilities.
Agenda Item No. 16K5
June 12, 2007
Page 2 of 13
RECOMMENDA nON: That the Board of County Commissioners:
1. Approve the Stipulated Final Judgment;
2. Approve the expenditure of funds as stated;
3. Direct staff to deposit the sum of $38,840.00 into the Registry of the Court; and
4. Direct payment of $150 service fee to the Clerk of court
PREPARED BY: Heidi F. Ashton, Assistant County Attorney
Item Number:
Item Summary:
Meetlng Date:
Page I of I
Agenda Item No. 16K5
,June 12. 2007
Page 3 of 13
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16K5
Recommendation to approve a Stipulated flnal.luoglTlent as to Parcels 711i 816.915.814
and 9141n tne amount of S93,34D in the lawsuit styi"o Coiller County v Centrex Corp. lid
e\ ai. Case ~w 05-1'.2S..Ct, ::Sauth Cuunty Regional Water Treatrnent Wellfietd Project
#70892:; ',f!sca! Impact ;;38,990)
51121200780000 AM
Assistant County Atlorney
Dllte
Prepared By
Heidi F. Ashton
County Attorney
County Attorney Office
5123120079Z3:03AM
Date
Approved B)'
Phil E. Gramalges, P.E.
Public Utilities
Sr P,ojectManager
Public Utilities Engineering
512311007927 AM
Operations Director
Date
Approved By
ThomasWides
PublicUtjlihes
PublitUtililiesOperations
5123/1007105PM
Date
Approved By
RoyB. Anderson,P.E.
Public Utilities
Public Utilities Engineering Director
Publit Utilities Engineering
5/14120078 00 AM
Date
Approved By
JamesW,DeLony
PubliC Utilities
Pub lie Ulilities Administrator
Public Utilities Adminislration
t;1241200711:04AM
DavidC.Weigel
DJte
Approved By
County Allorney
County Attorney
CountyAl1orney Office
5/3012007 gc24 AM
Approved B}'
OMB Coordinator
County Manager's Olfice
OMBCoordinlltor
Date
Office of Management & Budget
6/1120079:24 AM
Date
Approved By
Susan Usher
County Manager'sOffite
Senior MarJagementlBudget Analyst
Offite of Management & Budget
CI1/1007n:18PM
Date
Approved By
Michaelsmykowski
County Manager's Office
Management & Budget Director
Office of M<>nagemellt & Budget
611/2007127 PM
DJt"
Approved By
James\'. Mudd
Board of County
Commissioners
COlmly Manager
County Manager'sOtfiee
61Ji10074c38PM
file://C:\AgendaT est\Export\84-June%20 12, %202007\ 16.%20CONSENT%20AGENDA \ 16K.. 6/6/2007
Aqenda Item No. 16K5
- June 12, 2007
Page 4 of ',3
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COli..IER COUNTY, FLORIDA, as the Governing
Body of Collier County and as Ex -Officio Governing
Board of the Collier County Water-Sewer District,
Petitioner,
Case No.:
05-1129-CA
v.
Parcel Nos.: 716,816.916,814 & 914
CENTREX CORP.. LID., a Cayman Islands
corporation, et al.,
Respondents.
/
STIPULATED FINAL JUDGMENT
TIllS CAUSE having come before the Court upon Joint Motion made by Petitioner,
COli..IER COUNTY, FLORIDA, by and through the undersigned counsel, and Respondent,
CENTREX CORP., LTD.. a Cayman Island corporation, for entry of a Stipulated Pinal Judgment as
to Parcels 716,816.916,814 and 914, 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, COLLIER
COUNTY, FLORIDA, is the full compensation due Respondent, and the Court being otherwise
fully advised in the premises thereof, it is thereupon,
ORDERED AND ADJUDGED that Respondent, CENTREX CORP., LID., have and
recover from Petitioner, COli..IER COUNTY, FLORIDA, the sum of Ninety-Three Thousand
Three Hundred Forty Dollars and No/tOO ($93,340.00) for Parcels 716, 816, 916, 814 and 914
inclusive of attorney's fees, expert fees and costs, as full payment for the property interests taken
and for damages resulting to the remainder, if less than the entiTe property was taken, business
damages. and for all other damages in connection with said parcels; it is further
~
Agenda Item No. 16K5
June 12, 2007
Page 5 of 13
ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, is entitled to a credit in the
amount of Fifty-Four Thousand, Five Hundred Dollars and No/IOO ($54,500.00) which was
previously deposited into the registry of the Clerk of the Circuit Court toward the acquisition of
Parcels 716, 816,916, 814 and 914 at which time title to said parcels as described in Exhibit "A"
vested in the name of Petitioner; it is further
ORDERED that within thirty (30) days of receipt by Petitioner of the Stipulated Pinal
Judgment entered by the Court, Petitioner, COLLIER COUNTY, FLORIDA, shall deposit an
additional Thirty-Eight Thousand Eight Hundred Forty Dollars and No/IOO ($38,840.00) into
the registry of the Clerk of the Circuit Court for the benefit of Respondent; it is further
ORDERED that disbursement of the sums on deposit in the Court Registry shall be by
further order of this Court; it is further
ORDERED that title to Parcel 716, a Temporary Construction Easement, Parcels 816 and
814, Access Easements, and Parcels 916 and 914 Utility Easements, being fully described in Exhibit
"A" attached hereto and incorporated herein, which vested in Petitioner, COLLIER COUNTY,
FLORIDA, pllISuant to the Order of Taking dated October 5, 2005, and the deposit of money
heretofore made, is approved, ratified, and confinned; it is further
ORDERED that this Court reserves jurisdiction to enforce the terms of this Stipulated Pinal
Judgment; it is further
ORDERED that the Notice of Lis Pendens filed in this action and recorded in Official
Record Book 3836, Page 2096, et seq., of the Public Records of Collier County, Florida be
dismissed as to Parcels 716, 816,916,814 and 914; it is further
ORDERED that this Stipulated Pinal Judgment is subject to approval by the Board of
County Commissioners; it is further
ORDERED that this Stipulated Pinal Judgment is to be recorded in the Official Records of
Collier County, Florida; it is therefore
2
Agenda Item No. 16K5
June 12, 2007
Page 6 of 13
DONE AND ORDERED in Chambers at Nap]es, Collier County, Florida this _ day
of
,2007.
CIRCUIT COURT JUDGE
Conformed Copies:
Heidi F. Ashton, Esquire
Centrex Corp. Ltd. c/o Chan Jutagir, Registered Agent
Charles R. Forman, Esquire
William M. Tutt]e. II, Esquire
Brian R. Brattebo, Esquire
E. Glenn Tucker, Esquire
Toni Mott, Property Acquisition Manager, Rea] Estate Services
Bookkeeping
JOINT MOTION FOR STIPULATED F1NAL JUDGMENT
The parties hereby stipulate and respectfully request this Court to enteT the foregoing
Stipulated Final Judgment as to Parcels 7]6, 816, 916, 814 and 914.
Dated:
Dated:
HEIDI F. ASHTON, ESQUIRE @
Florida Bar No.: 966770
COllIER COUNTY ATIORNEY'S OFFICE
Harmon Turner Building
3301 East Tamiami Trai]
Nap]es, FL 34112
(239) 774-8400 - Telephone
(239) 774-0225 - Facsimi]e
ATTORNEY FOR PETITIONER
CENTREX CORP., LTD.
c/o Chan Jutagir, Registered Agent
POBox 660586
Miami Springs, FL 33266
RESPONDENT
3
.
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Agenda Item No. 16K5
June 12, 2007
Page 7 of 13
'.
EXHIBIT A-
? -
Pag'~of~
PROJECT 706'1:2 I .
PARCEL 7 ( r.,
FOLIO OOif''i?;l'i5o=l
30'
. S~TCH AND ".DESCRlPTION OF A
TEMPORARY CONSTRUCTION EA$EMENT
IN lHE NW 1/4 OF lHE SW 1/4 OF SECTION 14. TWP 50 S.
RGE 26 E, COWER COUNTY, FLORIDA
NORTH UNE Of THE "" 1/4
EXISTING ROAD AND ul1U1Y
~ ~,;:FfrO.R.l091lj'1l19
~ N8T32.'04"'E. 1066.75"
PROPOSED
UTlUTY EASEMENT
NB7"32'04."E
S~O~~W
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NW 1/~ OF 1HE SW 1(4
FDUO NO.:
004]8280001
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f.l'.&l,.-FLORIDA POl\a< & UGHT co.
R)\V - RlGH.T-.OF-WAY
P.Q,B.-POlN'f OF BEGIN_NING
P.O.C.-P01NT OF COM~mcEM.ENT
DF:SCRIP11<"lN Or A. 3D-FOOT STRP OF LAND L'YD'-lG IN lHENORlH 1/2 or THE NORlH 1/2 OF lHE NORTHw;m' 1/4-
OF 1HE SOUTHWEST 1/~ Of SEC1ION 14, 10WNSHIP 50 SbLl1H. RANGE 26 EAST. COWER ~N1Y. FLORIO^,'
COMMENCING AT 1HE ~ CORNER Of SAID SEC1ION 14, iliENCERUN N8T38'03"E. A OISTANCE OF 1.167,$7
fEET. Al.ONG 1JiE SOUlli UNE Of SAID SEGlJpN. }HENCE RUN tlOO'-f;9'35"E" A, OIS)"ANCE: OF 26~O.46 FEET AlONG A
UNE THAT RUNS PARAU.EL.1O 1HE EAST UNE'OF 1HE WEST 1fi Of 1HE SOUTHWEST 1/4 TO 1HE PQlNT OF
BEGINNING: lHENCE ~1lN sa7"3:2'04'"W. A DISTANCE OF 1066.76 FEET A!,.ONG A l:INE lHAT RUNS PARALLEl. 10 1HE
'NORTH UNE Of THE ~ 1/4 OF "NO .SECllON rei lHEEASTRlGHT-OP-WAY UNE Of COUNTY ROAQ 951;
THENCE RUN NOO'SO'44"E, A DISTANCE OF 30.0S Fin IIlLflG SAID EASTRlGHT-oOf-WAY LiNE: THENCE RUN
'N8ru'O~"E. A DISTANCE OF .1066.75 fEET ALONG A UNE 11lAT RUNS PARA!la TlO 1HE NORTH UNE OF THE
SOU1H~ 1/.... OF' .sAID. SECnoo. SAID U!'lE: AlSO BEING nlE SQlffif UNE OF:' A 3O-FOOT RQAD AND unlrrY
~SEMarr AS RE~6J IN OFfICI#- RECORDS B9~ 109B... PAGE 159. P.UBUC RECORDS OF COl...UER COUNTY.
FLORIDA: lHENCE RUN SOO'...gt35"W. A DISTANCE OF 30.06 FEET ALONG lHE \\EST UNE OF". A 17Q-f'OOT FLORIDA
POWER AND U(l{T RJGHT-QF-W.W EASEMENT. SAID UNE RliNNrNGPARAllEL ro lHE,EAST UNE OF SAID NORlH 1/2
Of )HE NORTH 1(2 OF THE NOR'lHWEST 1/4 Of 'll-I': SQl1lHWEST 1/410 THt POINT Of BEGINNING. .
qONTAlNlNG "32,004 "SQUARE, FEET OR 0.73 ACRES, MORE !'R lESS.
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S UNE SECTION 14
NB~":"'03:! ........
1167.67"
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. '.' . ;.".((.1/.-
JAi.! ,N: "1!JOSoN:IfOlnHE ARM LB6773)
PR stJR>tyoR lINO MAPPER
. FLORIll"-UCENSO Nq; III 48Y8
THIS =:OAY '1f ~ 2p04. llil~ IS N.QT ,"A<SI:!R~ ,
'\Jt.tt't<E:Y' C.."'CQSf'lEfrANDASSOCJA1'ES, INC.
, ." SURVEYlN~"AND MAPPING' ". .
. 3900 COl-PNIAt:. Bl.,VP.. 'SUm;: 4,-. FPRT-f.IYERS,'R;ORIDi\ 33912 .
P.ffONE::{23!l)277.,.o722 F~:; (;?39)Z71-;7179 EMAIL: S1J1lVEl1NGOCOONER.COM
. CUENTI ilREE1EY ~O. HANSEN.. wi . PR'AIIN' BY: . . Jl/II' .' rCHECI<OD B\'l. J.N.W.
PARCEL D.ESCRlPlION: .O..,lE' :8/3/04 SCALE; 1'-;00' REV: 9/13/04
lEd? CONSlRUCTION EASEMENT IN .1HE ' . ! . .
NW 1/4 OF lHE -SW 1/4 OF" SEe 14--50-26 PROJECT .~o: 020"901 : DWG No: SEC'l4T-AEfTC.'i) SHFFT. 1 n!:'.,
= .
1HE PARCEl. BEARlN.G,. DISTANCES. AND AAW
CAlCUU,IED ARE BASED ON A fJElD SUR~ OF
SECiJON.14. .BAStS OF SEARING: .sTATE PlANE
COORDINA'IE S'is'Tal, fLA. EAST'2ONE, '83/'90.
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Agenda Item No. 16K5
June 12, 2007
Page 8 of 13
~~~b:~
PROJECT 7(/6 9" (
PARCEL '6/10
FOLIO 00 'II 'f:;2"6 000 (
SKETCH AND' DESCRIPTION
OF AN ACCESS EASEMENT
IN lHE NW 1/4 OF lHE. SW 1/4 OF SECTION 1+. TWP 50 S.
N UNE Of OF THE N 1/2 RGE 26 E. COUJER. COUNn', FLORIDA
Of THE N 1/2 Of THE
NW 1/4 Of THE SW 1/4
"
SOO"49'35"W
10.02"
NOO'{9'3S':E
10.02'
"N67"32'O+'"E
155.26;
SB"'t32'O+'"W 155..26'
'N87'32'04'E 155.2.
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E "'jJ; 0-;0
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N 1/2 OF lHE N 1/2 OF
NW 1/4 OF lHE SW 1/4
FOUO NO.:
OO~ 18280001
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S lfNE OF THE N 1/2
OF lHE U 1/2 OF THE
NW 1/4 Of THE SW 1/4
P.O.B. *'
P.D.e.
SW CORNER OF LS UNE SEClJON 14-
SECTION,H .' .
NBT3~3"E . . 1182.69'
SSr32'49"'W 155.24',
1m'
f.P.&l.-FlORIDA POWER &: UGHT CO.
Fi/'N - R1Gt-rr-Of"....,WAY
P .OB.-POlNT OF BEGINNING
P.D.e.-POINT OF CO).{M~CEUENT
SEE SHEET 2 OF. 2
fOR DESCRIPTION
tIlml. .
lHE PARCEL BEARING. DISTANCES.
/ AND AREI'S CALClJLA TED ARE BASED
:J fA.. I ON A AElD .SUR\'EY OF ~C>>I H.
'v.luosoiN '(fOR 1HE ARM LB67J'3) BASIS Of BEAl!ING: STAlE PLANE .
ONAL 'SURVEYOR 'ANO MAPPER COORDI!"ATE SYSID.!, FlA. EAST
.. ZONE. 83/,90.
'.. .: ,Jl'lIS~JS:NOT~A;SLlRW:Y<.
'\JtJ-...f(EY"C~."COONeR::AND~'A' AlES. 'INC.
. 'SURVEYlNG AND. MAPPING .
'. 3900 'C0l.0i-I1A!: 8L'IJD. StiFlE' 4, 'EORT'MYERS,,,!'l'ORIDA .33912
'. PHONE;-' (239)277-07Z2 _ 'fAx: {;139);177,.. 7179 . . EMAJL:" ~URVE't1NG@COONER.COM
'CUENT: GREEtEY.AN[i HANSEN.'LL<> PRAWN 8Y:-. JNW' . CHECKED 8~ J,N.W.
PARCEl, OESCRIPTlON: PATE: :-s/3/04SCAlE: 1"-60'
ACCESS EASEldENT'IN THE NW 1/4 .
OF' THE SW 1 :.of. OF' SEe 14-50,......2.6 PROJECT "No: 020901 DWG No:SECHT-AE(AES' <:;"J../~. 1 nr:: ...
RE\', 10/20/04
I
--
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--,
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Agenda Item No. 16K5
June 12, 2007
Page 9 of 13
'.
EXHIBIT..1L
, Page 3S of-15Cl...
PROJECT 79'6.92.1
PARCEL is I (0
FOLIO OO'-{/f<;;Z<;!;Obo/
SKETCnAND DESCRlPTION
OF AN ACCESS EASEMENT
IN THE NW 1/40F'THE SW 1/4 'OF SEcnPN 14, 1WP 50 S,
RGE 26 e:. COWER COUNTY, FLORIOA
,
DFSCRIP110N Of PARCELS Of LAND l'l1NG IN lHE NORlH 1/2 Of lHE.. NORlH 1i2 Of THE NORlHWEST 1/4 Of lHE
~OUTHWEST 1/+ Of' 'SEC1ION H. TOWNSHIP 50 ..sOUTH. fMNGE 26 EAST. CCXlJER COUNTY. FlDRlOA:
(1)qOUUENClNG AT 1HE sgu~ _CORNER of SNo SEC1U?N 14. lHENCE RUN NBT36'On A, DISTANCE Of- .
1.~st.69 FEET ALONG lHE SOUTH UNE Of SAlP SECTION; lHENcE: RUN NOO.4.9'J5-E, ^ DISTANCE OF 2345.+9 FEET
ALONG A UNE lHAT RUNS l>ARAUfl TO THE ....ST UNE OF THE WEST 1/2' Of THE SOUlHM:ST 1/4 TO lHE POINT
OF ~EGlNNING; 1l-fENCE CCXiT1N.u~ NOO'+9'~5"'E. A DIS"(ANCE Of J!05.02 fEET ALONG A LINE RUNN~G PAR.Ai1.a 10
lHE EAST UNE Of' SAID NORlH 1/2.OF 1HE NORTIi 1/~ OF THE N.ORTHM:ST 1/4- OP. 'THE: SOI1THVt'E;ST 1/4:_ :rHENCE
RUN NBTJ2'04-E;, A DISTANCE OF 155.26 FEET ALONG A UNE lHAr lS PARAU.a TO THE'NORlH UNE OF. SAID
~ORlH 1/2 OF THE NORlH 1/2 Of THE ~ORtHi<€sT 1/4 Of lHE SOUlHlIESI' 1/1; THENCE RUN SOO'49'35"W. A
DISTANCE Of =.06 fEET AlONG SAID EAST UNE:; THENCE RUN S8T.32'49.W. A OlSTANCE Of 155.24 fEET ALONG
TilE soutH UNE of THE NORlH 1/2 Of lliE NOR1H 1/2 Of 1HE NORTHWEST 1/4 Of THE SouTHWEST 1/4, TO lHE
paNT OF BEGlN~lNG. .
.AND,
,(2)COWUENClNG AT THE SOUlHWEsT CORNER OF SAID SECTION 14-. lHENCE RUN N~OJ"E, A Dts:rANCE OF
1.182.00 FEET AlONG lHE sOliTH UNE OF SAID SECTION; lHENCE RUN Nmr'49'35'"E. A DISTANCE Of 267D.M,r.EET
ALONG A UNE 1>IJ,T RUNS PARAUfl 10 THE EAST .uNE Of THE WEST 1/2 Of THE SOUlHWES'l' 1/4 TO lHE POINT
OF BEGINNING; lHENCE eoNllN!,IE NOO.49'~"E. -A DISTANCE OF 10,02 FEET "ALONG SAID UNE: lHBNcE;. RUN "
NBT32'Q.4."E. A OISTJ,NCE QF'1S5..26 ~ ~G 1HE. ~OR1H UNE OF SAID NORTH 1/~ OF l1iE NORTH 1/2 OF lHE
NORlHlISr 1/4 or .THE SOU1H'-"ST 1/4; 1HENCO'UN SQO.....3S.W, A OISTANCE. Of 10.02. fEET AhONG SAID EAST
UNE; 1l:lENCE"RUN S6T32'l}4."W, A DISTANCE 9f,155.26 FEET AlON~ A UNE""J!iAT RUNS PARALl,EI.. TO lHE NQRlH
UNE or SAID NORlH 1/2 Of THE NORlH 1/2 Of lHE NOR7HWEST 1(4 Of lHE 5OlJlHI'<EST 1/4 TO THE pOINT OF
BEGINNING. ."
coNTAINING 48.s3.4 SQlJARE FEET OR t,12 ACREs. MORE OR LESS.
SEE SHEET 1 OF 2.
fOR SKETCH
~EY .C~. :cOoNER:"AHD' ASSoCiATES,' INC.
. .' . SURVEYING AND.U.-\P.PlNG' .
3900 COLONIAL BLVD., sum: .~, fORT M~. FLORIOA 33912 .
P!lONEi -(2.3!l)2n::07~:F'!'J<;. (239)277,.,-7179 . EIdAII.: SURVE'(lNGOCOONER.COM
alENT: c;REEl,EY AND HANSEN. U:C 'QRA~"BY:. ;JNW ' CHECKED .BY: J.N.w'
PARCEL DESORIP'IION: DATE: 8)3M' 'SCAlE: .:NA IREv. 10/20/04
ACCESS EASEMENT IN THE 'NW 1/4 . L : . . . .
OF lHE SW-lI.4. OF-" SEe 14-5026-'. ",:-5 PROJECT No: 020901.' DWG NO:S~~4T-AE(AE5)ISHEET;2 Of 2
Agenda Item No. 16K5
June 12, 2007
Page 10 of 13
EXHIBIT-8--
Pag...:'iLof ~
PROJECT 7 "i5"i;2 I
PARCEL 9'/&
FOLIO 00'1/ 'i5.;<S'oCJO /
SKETCH AND DESCRIPTION
OF A UTiLITY EASEMENT
IN lHE N W 1/4 OF THE SW 1/4- OF SEC110N 14, TWP 50 S,
RGE 26 E. COWER COUNTY, FLORlI}A
b
~
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",0
82
"'
NORm UNE Of lHE SW 1/4
. N87'31'Q.4.-E
. g DciS11NG .3ft ROAD AND' U'T1IlTY ~QlT o.a. ~09EI/170
. - 1066.75'
SBT32'04"W
1066.74'
N8T32'Q.4"E 155.26'
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F.P.&L R/W
EASEMENT
170"
N 1/2 OF lHE N 1/Z OF ]HE
NW 1/4 Of lHE SW 1/4
FOUO NO.:
004-182.80001
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15~l5~~
ww.,.w
5i=~515
w~~~
S UNE OF 1HE N 1/2
OF THE N 1/2 Of THE
NW 1/4 OF THE SW 1/4
N8~8'03"..f _ .
1167.67'
!\EX;
F.P.&L.-FLORIDA POMR &: UGHT co.
R/W - RIGHT-Of-WAY
P.O.B.-POINT OF BEGINNING
P.O.C.-POINT Of COMMENCEMENT
. SEE SHEET 2 OF 2
FOR D~CRlPnON
~ IlQre
. I 'L lHE 'PARCEL BEAR1IIG, DISTANCES, ANa AREAS
.- . ...7-A.... CALel:JLAlED ARE BASED 'ON A AELD SURVEY OF'
. :. ..i\lu<Isor< (fOR. tHE fIRM LB6773) SECTION 14; BAsIS 01' B~JNG: STATE PLANE
PRO . AL SJRVE'l'lJR ANa w.pPER COCll<DlNATE SYSmI. flA EAST ZONE. '831'90.
FLORIJlA UJ;ENS!;'NJl. 1.!L4816 ... .
lHIS~A"'.~ ~ 1ij1S :IS. NQT:A SURVEY,
oi:J-rf.(~ C~.. 'COQNER".;:AI!Io-:ASSOCfATES. INC.
. .' . SuR~(J"ANP'J,W>PING"
3~pO .jlOEO/:iIAL.:BLYD., S!lIlE 4, .fORT 1dYEI/S. FLORIDA 33912
'PHO"l~ (2.39)277-Q722 FAX;. X23~)2<7.;.71'79. E/,fAfl:'. Sl1R'IE'1NGCCOONER.COfd
CUENT: GREEtEl'ANO.:i!ANsEN;'.ll.C' . DIlAIIN'BY: . ""'IV CHECKED' BY: ~N.W.
PARCEl. 'DESCIlIPTJON: DATE; ''3'/3/04 . SCALE: .'"-100' . REV: 10/20/04
tJ11UTY EASEM8ITIN'lHE.NW'1/4' . .
oFlHE sw 1 ... OF SEe .14-50-26. PROJECrNo: 020901 DWG" NO:SEctH AE(P5) SHEET:.1 OF 2
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Agenda Item No. 16K5
June 12, 2007
Page 11 of 13
EXHIBJT~
Page.::tL oI.J::iCL
PROJECT loge; ;LI
PARCEL. "'tl &
FOLIO oo'f/'3:2'i?oOof
SKETCH AND DESCRIPTION
OF A UTILI'.(Y EASEJiENT
IN THE NW 1/4 OF '!HE SW 1/4 of'sE:cnoN 14, TWP so S,
RGE 26 E, COWER COUNTY, ~ORlDA
D~CRlPl1ON OF A SlRIP OJ; LAND l'1iNG IN lHE NORlH 1/2. Df' TIiE: NORTH 1/2 OF THE NORlHYc5T 1/4 OF lHE
squTI-lWEST 1/4 -9F sECTION 14, iDWNSHlP sb sovrn~ RANGE 26 EAST. COWER" COUNTY, FLORIDA:
CdWENClNG AT lHE SOUlHViEST CORNER".OF SAID SF;cnON .1~ lHENCE RUN NBT3B'o3"'E. A DISTANCE OF 1.167.67
FEEl' AlmG THE SOOTH UHE Of SAID SEC1IQN; THENCE .RUN NOO'49;5"E, A OISTANCE Of 2:145.49 fEET ALONG A
UNE mAT RUNS PARAU.EI.. 10 iHE: EAsT tiNE Of lHE. ~ 1/2 oF' TIiE soUTliWEST 1/4 TO lHE. POINT OF-
BEGIN.NING: TI:IEN~ CONTINUE NOO",of$'3S"E. A DISTANCE OF J05.02. FEEr J.l,.ONG lHE WES'r llNE OF A 17Q-,FOOT
FtORIDA pallER AND UGfIT RlGHT~Of-WAY EASEM~, SAID UNE RUNNING PARAllB. TO THE EAST UNE OF SAIl
NoRTH 1/2 Of 'mE NoR1H 1/2 Of THE NORTHWEST 1/4 Of THE SOUTHWEST 1/4; lHaiCE RUN S8T.lZ'C:WW. A
DISTANCE Of 1066.75 rn;r ALONG A UNE THAT RUNS PARAllEL TO THE NORTH UNE Of THE SOUTH\\t?T 1/4 Of
SAlO SEC1IOO. SAJO' UNE ALSO BBNG THE SOUTH UNE Of A 3D-:-fOOT ROAD AND unUTY EASEMENT AS RECORDED
IN l)f'flCW. RECORDS BOO< 1098. PAGE 170, PUBUC REGpRDS Of COWER COUNTY. FlORIDA.: RUNliING TO 'THE E.A:sr
R1G1fT-Of~WAY UNE Of THEHENOERSoN CREEK CAN~ THENCE RUN NOO'50'<<"E, A DISTANCE Of 20.03 fEET
AJ..ON~ SAID EAST RlCHl'-OF..,.WAY"L.JNE; lHENCE RuN .N8TJ2~04.E. "A DIStANCE OF '06~74 fEET N....ONG A UNE
1HA1' ~lINS PARAU..E1.. ro "D-IE NORlH UNE OF THE SOUlHWEST _,/.... Of SAID SECllON: TIiENCE RUN 'NOO.49~35~ ^
OISTANCE OF 10.02 FEET ALONG SAID. \\EST UNE Of SAIO 17o-f'OOT f'LORIOA PQI>ffi AND UGHT RIGHT-OF-WAY
~ :m SAID NoRTH UN~ -lHENCE RUN. ~B7'32'().f.~ A DISTANCI; OF 15.02 FEET' ALONG l?AlD ~~1H UNE:
lH~CE RUN'SOO"4S"35.W. A DISTANCE OF 10.02., FEET ALONG A UNE lJ:iAT RU~ PARAl.llL TO SAID EAST ~
lHENCE RUN N8T.l2'0f'E, A Il<STAHCE Of 155.28 fEE)' AI.ONGA.UHE THAT IS PARAllEL TO SAID NORTH UNE;
lHENCE RUN SOO"4!t35"'W. A DISTANCE Of' ?Q.03' FEET ALONG SAID EAST UNf; "THEnCE RUN SB7'32".D4.W, A
DISTANCE' OF' 155.26 FEET Al..DNG A UNE THAT IS PARAU..El TO SAlE! NORlH UNE: lHENCE RUN SOO.49.35"1Y A
OI$TANCE OF 305.02 fEET ALONG A UNE ll-IM RUNS pARAuEL TO SAID EAsT UNE; lHENCE "RUN S87"32'49':W. A
D!STANCE OF 15.02 FtEr ALONG 1HE scum UNE Of SAID N9R1H '12 OF,lHE NORTI1 1/2 OF lHE NORTH~ 1/4
Qf'1HE SQUlHvn;s1.' 1/4 TO 1HE POlNT OF f;lE~N1NQ.
~A1NiNG 2.9,4{sB 'SOl:1ARE FEET OR 0.68 ACRES. MORE OR lESS.
SEE SHEET 1 OF-2
fOR SI<ElCH
~...t(EYC~ 'COON. . . 'AI\lP' . ASSOCIATES. me.
.. . llURVE\1NG .AND llAPPING.' .
. . 3900' COLONIAL BUJD..SUITE '4. fO~T MYERS, !'LORlPA '33912
PHllNE:. (239)277-'0722'. FAll: (239)277-1179 EMAIL: .:;uR\.EYINGOlCOONER.COM
CUENT, GRffl];;'f' AND .~SE!'t LLC . oAAWN' BY: . JNW' .. .CHECKED' BY: ~N,W.
PAACEL- DESCRIPTION:. - . 'DATE: -6/3/04 SCAlE. 1'"-100' IREV: 10/20 J"Oc4
U1IU1YEASEMENTINlIjENW1/4 .' ." . . . ./
OF lHE SW 1i4 OF SEc-l-f.:-5Q-26 PROJECT .No: 020901 DWG No:SEC1U 'AE(P~'SHEET:? OF 2
~
Agenda [tern No. 16K5
June 12. 2007
Page 12 of 13
EXHIBIT A
Page-29..,.of \5 ('l
PROJECT 7t!8''1:2/
PARCEL "iJ JlI
FOLIO C> 0 C/ I 'i?;;I.'I 000 9
SKETCH AND DESO;RIPTION
OF AN .t1CCESS lSASEAlENT
IN THE NW 1/4- OF THE SW 1/4- QF ~CllON14, Tv.? 50 S,
RGE 26 E, COWER COUNTY, FLORIDA
.' .
N87"33"34"E
155..24'
\ NORlH UNE OF jHE N 1/2 OF
'-- THE S 1/2 OF lHE NW 1/4 OF
lHE SW 1/4
N 1/2 OF THE S 1/2 OF THE
NW 1/4- OF THE SW 1/4-
FOUO NO.'
00418240009 S >-
.~ ~I:':as
F.P.&L-fLORJOA POWER & UGHT co. &-::::J ~ ld
F?,/W - R1Gl::1T-oF-WA'l' g:Cl:::l;:) 'to
P.o.B.-PO!NT OF BEGlNNINQ I<)
P.o.C.....:P~NT OF CDlUENcatENT ....
SOUlH UNE OF lHE N 1/2 OF ;
( lHE S 1/. Of THE NW 1/4 OF z:
ll-IE sw 1/4
"'
F.P.&L R/W
EASEMENT
170'
i"
m
n
m
,..
o
o
"'
...
o~
~-
-'"
z%
"'...
FiE..
15!5~
~-t:.~
:J"'W
In:iE
iliiE\5
~
o
orl
"
"
'"
orl
"
"
.!"
~~
P.o.c. .o~ ~~~
+~~ Of ~i ~;i
N8T3B'03;'E J;182.69' "'-- S:1H-U:: SEClION 1~ i:5 I.<.:
o
n~CRIPllON OF A PARCEl OF lAND L"IlNG-IN ~ NORlH 1/2 OF THE SQU1H 1/2 Of 1HE NORTHWEST 1/4 OF 1HE
s~ V+ OF SEC1lON 14-, TOWNSHIP ~o SOUl'H,. ~GE: 26 EAST, ~ COUNlY. A..ORlDA:
P.D.B.
155.24'
S8']"34.'19"W
COUMENClNG AT lHE SCll1T1iWE5T CORNER OF SAID SECllON ,..... ~cE RUN N8T38'03"E,. A OISlAN~ OF 1182.59
FEET ALONG 1HE SOUlH UNE" OF SAID SEtnOt>f: THENCE RUN NOO-4~'35":E. A DISTANCE OF 1675.37 FEEt" AlONG A
UNE lHAT RUNS pARJ.LLa TO THE EAST UNE Of THE II1'ST 1/~ OF THE SOlf/I:IV>EST 1/4 TO 1flE POINT OF
BEGINNING: "THENCE CONllNUE NOO"-49"35'"E. A. OlSTANCE OF 335.07 FEET AlONG A UNE RUNNING PARAUa 10 TIiE
EAST UNE OF'~D NORTH 1/2 OF 'THE ~,.1/2 .OF.mE ~ORTI1WE5T 1/4 OF: mE sanH\\EST 1/4: lHENCE RUN
NB1'3O'M"E. A DISTANCE Of 155,24 FEET ALONG THE NOR1!l UNE Of SAIIl NOR1Hl/2 OF THE SOUTH 1/2 Of 1!lE
NORlffiItESl1/+ OF mE. SOUlliwEsr 1/.f.i lHENCE RUN. SOO"49~"W. A D1STANqE OF 335.10 FEET AlONG 1HE EAST .
UNE Of SAIO ~0R1l1 1/2 Of THE SOlllH 1/2 Of :mE NORlHlI1'ST 1/4 Of THE SOlllHWEST 1/4; THENCE RUN
S87M'10"W, A DISTANCE OF les.24 fEET ALONG THE SOUlH 'UNE Of 1!lE NO~1!l 1/2 Of THE SOUTH 1/2 OF lHE
NORlHWJ"ST 1/4 Of mE SOIJ1HWEST 1/4 10 THE POINT Of BEGINNING.
CONT^!NJNG ':sf.9r$~ '"~~ARE :FEf~T"-QR~1.m ACRES. .MORE OR- lESS.
tlQIE: .
1HE PARca -SEARING. D1SrAN~. AND AREAs
CALQJl:ATED ARE BASED ON A AEI..D SURVEY OF
SECllON 14. ~ Of BEARING:. STATE PLANE
FLORIDA 1JCENSE NQ" IS' 487ll . COO~PJNATE sma.<. FIA. EAST ZONE, 'B31"0o.
mi~~'OA'(OF~ 2004,.. ...' Thl!S~S NOBA.SURVEY,.
'tit",cEY' C;" 'COONER:,:AND ;:ASSOCl~lES.INC.
. : SURVEnN.G' mo' MAPPING' ,
.. 390q"COLONlAL BlVD., 'SUITE:4, rnRT'I.lYERS;.'f[0R10A 33912 .
PIiONE:~ (~9)277-D722" FAX: .(239)2<7:;<7179' EMA1'-'::SURVE'IINGOCOON!'R-COM
CUElm. .GREEtE'f.Ai-/O HANSEN; LLC' OR7<WN BY: . JNW CHECKED' BY: J.N.W.
PARCEl. OESCR1~'f101f: OA1)':: . 8/3)104" SCALE: '"-'lbo' REV: '0/20/0'
ACCESS EASEMENT IN THE .NW 1/+
OF lHE SW i 4"bF SEe 14--50 25 P.ROJECT No: Q2090r' DWG N~SECl-4"F-AE(AE7) SHEET: 1 OF 1
Agenda Item No. 16K5
June 12, 2007
Page 13 of 13
EXHIBIT....lil...-
Pag....52. of .J2l:L.
PROJECT 7 t) 6'1 ~ I
PARCEL /91'1
FOLIO 06;"1. J f5;2. '1000 '1
SKETCH .AND' DESCRIPTION
OF. A 15' . UTILITY EA$E.MENT.
IN mE NW 1/4 .OF mE SW 1/4 OF SECTION 14. 1WP 50 S.
RGE 26 E, COWER COUNTY. F40RIDA '
\ NORlH UNE OF TIlE N.lf2 or
'---- TIlE S 1/2 Qf TIlE NW 1/4 Of
THE sw 1/4
N 1/2 OF mE S 1/2 of' tHE
NW 1/~ OF mE SW 1/4
FOUO NO.:
0041824-0009
;,.
o
ill
..,
F.P.&L R/W
EASEMENT
lio'
...
o:t,
~-
-,.
%2:
"' ....
.ill pP".
Q l5~::::-
~ WN~
o z........cn
:=::: ::J;w
t;..p,
~P15
~ .
f.P.&L.-FLOR[)A POWER &: UGHT CO.
R/W - RIGHT-OF-WAY
P.O.B.-POlNT OF BEGINNING
P.O.c'-POINT OF COlIMENCEl/ENT
SWTH UNE Of THE N 1/2 Of.
(THE S 1/2 OF TIlE NW 1/4 OF
mE sw 1/4 P.O.B.
w
~~ ~~~
P.O.p. _ ....-...
. I(:~~ OFN8n8'03"E 1187.67 _ J~~;i
-t ~ /' "-SOUTll UNE SEC'IION 14 13
nFSCRlPllON OF A 15-fOOT STRiP OF LANp !-Y1NG IN 1HE NORTH 1/2 OF THE SOIJTIi)/2 OF nlE NORTHWEST 1/4
OF 1HE' SOUlHWEST 1/+ OF SECllON 14. lOWNSH? 50 SOV'rn.. RANGE 26 EAST. COllJER COUNTY. FLORIDA: .
COUMENC:,NG AT "DiE SOlJ'Itim:sT CORNER OF SAID SECTION. 1~ 'lHf.NCE. RUN N8T3S.o3-c. A OlstANCE.OF 1.167.67'
FEET ALONG lHE sOtmi UUE OF So6JD SECTION; TfiS\lCE RUN NOLT49"35'"E, A DfSTANCE Of'i675.35 FEET'ALoNG A
UNE TIlAT RilNs PAR.illEL '10 TIlE EAST UNE OF TIlE .WEST 1/2 Of THE SOUTHWEsT 1/4''10 1HE POINT Of
BEGINNING; THENCE COIIlINUE NOO'41l'35"E. A' OISTANCE OF 335.0T fEET AUlNG THE WEsT UNE oF A 170-fOOT
FLORJOA POV.rn ANa UGHT COUPANY R1Girr-OF-WAY EASEMENT, SAl0 UNE'RUNNING PAR.illEL '10 THE EAST UNE
9f SAID NORTH 1/2 Of.1HE SOUTH 1/2 Of THE UOR1HWEST 1/4 Of THE SOUTHWEST 1/~ lHENCE RUN
NllT33'34"E, AOISTANCE Of 15.02 fEET ALONG THE NORTH UNE Of SAlO NORTIl 1/2 Of THE SOUTH 112. OF 1HE
NORlH~ l/.of.OF lHE SO~ 1/4; '1HENCE RUN SOO.....9.~W. A DiSTANCE OF 335.97 FEET ALoNG A l.JNE
mAT IS PARAllEL TO SAID EAST UNf:: lHENCE RUN SB7"34'19.W. A DtsTANCE OF 15.G2 FEET ALONG THE SOUlH
UNE oF l)-tE NORTH 1A. OF mE SOUlH 1/2 OF 1HE NDRlif)'IEST ,/"- 'OF lHE SOUlHWEST 1/-4 10 n-:lE POINT oF
. BEGINNING. .
CON~ .t.aINQ -5,026 .SQUARE FEE! OR 0.12 ACRES. "MORE OR LESS:
. _.' ~ ~1F;'AACEL BEAIlJ>lG.D1STANCES, ANa AREAS
v.u..i<JsoN .(l'oR 7HE RRM l867'73). CALcuum:I> ME "= ON A REtD StlRVOY OF.
0llA[ 'SURVEYOR AND' MAPPER SEC110N H. SASlS OF BEA/lING: STATE PLANE
A..oRlOA "UCEN~ NO. l;S '487P _ .' COORpJNA1E, S't'STEM. FLA. EAST ZONE. 'B3/90.
lHtS'=AY 0/ ~~OO~_.' , THIS .IS NOT:,A..SURVJ;:Y,
JEfFREY"C~''''CeaNER-:~ANI,)'.:'ASSOCIA1'ES~ INC.
. . S!lR'/PII>jG'. AN!;> MAPPING .
. '3900- :CCl:ONIAL :SLVI:!~ 'S~Il~.'4... . FORT I.IYERS;fFl;"~A: '33912 .
PffONE::~{2.>9)Z77-,Q72Z _ FAX:. (;239)~77..,7179.^ awL: .SURVEYlNGCCOONER.COM .
{)UENT:'GREEI.E'(.-ANO'H>lNSEN. LLC.. . DRAWN'.BY: 'IN)'I CHECKED BY:' J.N:W.
PARCEl OESCRIPllON:.. OATE: "8/3/04 . sCAlE: '"-100' R~' 10/20/04
15' unulY EASEMENT IN. lHE NW 1/"4 - .. -. , ~
OF 'rHE SW 1 4- OF SEe H--SQ-25 PROJECT No: 020901 DWG -NO;SEGl4-T-AE(f'7)" SHEEr: 1 OF 1
IS'
...
10
,..
~
,..
o
o
"
Agenda Item No. 16K6
June 12,2007
Page 1 of 9
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment as to Parcels 815 and 915 in the
amount of $33,890 in the lawsuit styled Collier COUllty v. Colollllade 011 Collier Blvd. LLC., et
al., Case No. 05-1091-CA (South County Regional Water Treatment Wellfield Project
#70892). (Fiscal Impact: $37,871.70).
OBJECTIVE: The public purpose is to expand the South County Regional WateT Treatment Plant
(SCRWTP) Wellfield by 23 wells to produce sufficient reliable raw water for the previously
approved SCRWTP 12-MOD RO Expansion and increase the plant's finished water Reverse
Osmosis (RO) capacity to 20 MOD.
CONSIDERATIONS: On July 25, 2006, Agenda Item lOP, the Board of County Commissioners
awarded contract #06-3992 to John Reynolds & Sons, Inc. for the construction of the SCRWTP 20
MOD Well field Expansion Project #70892. The project is included in the 2005 Water Master Plan
Update (Table 8-2, page I line 18) and requires the acquisition of lands along the well field route to
accommodate the wells and necessary temporary construction easements. Prior to suit, staff made a
statutory offer in the amount of $4,400 which was rejected.
This Executive Summary seeks approval of a Stipulated Final .Judgment in the amount of $33,890
for payment of full compensation for the taking of Parcels 815 and 915 in Collier County v.
Colonnade on Collier Blvd. LLC, et al., Case No. 05-1091-CA. These parcels are part of the
required land acquisitions for this project.
The County acquired the subject property by entry of an Order of Taking on October 18, 2005 and
subsequently depositing $5,900.00 into the registry of the Court. If the settlement is approved, the
County is responsible for the following costs:
. Additional Compensation:
. Statutory Attorney's Fees:
. Experts Fees & Costs:
. Clerk's Service Fee
$27,990.00
9,731.70
To be detennined
$ 150.00
TOTAL:
$ 37.871.70
*Attorney's fees are mandated by 973.092, F.S., and are based on 33% of the total benefit achieved,
i.e., 0.33 x ($33.890 - 4,400).
Attached is the proposed Stipulated Final Judgment.
The subject property is located east of CR 951 and approximately 600 feet south of Lord's Way.
Parcel 815 is an access easement and Parcel 915 is a utility easement for a water transmission line.
FISCAL IMPACT: Funds in the amount of $37.871.70 are available in Project #70892, South
.~ County Regional Water Treatment Plant Reverse Osmosis Wellfield Expansion to 20-MOD.
Source of funds are Water Impact Fees, Fund 411.
Agenda item No. 16K6
June 12, 2007
Page 2 of 9
GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan
Standards to ensure the adequacy and availability of viable public facilities.
RECOMMENDA nON: That the Board of County Commissioners:
I. Approve the Stipulated Final Judgment;
2. Approve the expenditure of funds as stated;
3. Direct staff to deposit the sum of $27,990.00 into the Registry ofthe Court; and
4. Direct payment of $150 service fee to the Clerk of court.
PREPARED BY: Heidi F. Ashton, Assistant County Attorney
Agenda Item No. 16K6
June 12,2007
Page 3 of 9
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, FLORIDA, as the Governing
Body of Collier County and as Ex-Officio Governing
Board of the Collier County Water-Sewer District,
Petitioner,
Case No.: 05-109l-CA
v.
COLONNADE ON COLLIER BLVD.liC,
et aI.,
Parcel Nos.: 815 & 915
Respondents.
/
STIPULATED FINAL JUDGMENT
THIS CAUSE having come before the Court upon Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, by and through the undersigned counsel, and Respondent, AU R.
GHAHRAMANI MD INVESTMENT LIMITED PARTNERSIllP (hereafter "GHAHRAMANT'),
by and through its undersigned counsel, for entry of a Stipulated Final Judgment as to Parcels 815
and 915, 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, COLLIER COUNTY, FLORIDA, is the full
compensation due Respondent, GHAHRAMANI, and the Court being otherwise fully advised in the
prernises thereof, it is thereupon,
ORDERED AND ADJUDGED that Respondent, GHAHRAMANI, have and recover from
Petitioner, COlLIER COUNTY, FLORIDA, the sum of Thirty-Three Thousand Eight Hundred
Ninety Dollars and No/IOO ($33,890.00) for Parcels 815 and 915 as full payment for the property
interests taken and for damages resulting to the remainder, if less than the entire property was taken,
business damages, and for all other damages in connection with said parcels; it is further
Agenda Item 1-<0. 16K6
June 12. 2007
Page 4 of 9
ORDERED that Respondent. GHAHRAMANI, receive from Petitioner, COLLIER
COUNTY, FLORIDA, as a statutory attorney's fee the sum of Nine Thousand Seven Hundred
Thirty-One Dollars and 701100 ($9,731.70), pursuant to Section 73.092, FS.; it is further
ORDERED that the Court reserves jurisdiction to award expert witness fees and costs
incurred in the defense of this case pursuant to Section 73.091, F.S.; it is further
ORDERED that Petitioner, COUlER COUNTY, FLORIDA, has previously deposited the
amount of Five Thousand Nine Hundred Dollars and No/lOO ($5,900.00) into the registry of the
Clerk of the Circuit Court toward the acquisition of Parcels 815 and 915 at which time title to said
parcel as described in Exhibit "A" vested in the name of Petitioner; it is further
ORDERED that within thirty (30) days of receipt by Petitioner of the Stipulated Final
Judgment entered by the Court, Petitioner, COUlER COUNTY, FLORIDA, shall deposit an
additional Twenty-Seven Thousand Nine Hundred Ninety Dollars and No/100 ($27,990.00) into
the registry of the Clerk of the Circuit Court for the benefit of Respondent, GHAHRAMANI; it is
further
ORDERED that disbursement of the sums on deposit in the Court Registry shall be by
further order of this Court; it is further
ORDERED that within thirty (30) days of receipt by Petitioner of the Stipulated Final
Judgment entered by the Court, Petitioner, COUlER COUNTY. FLORIDA, shall disburse the total
amount of Nine Thousand Seven Hundred Thirty-One Dollars and 70/100 ($9,731.70) to
CHARLES R. FORMAN, ESQUIRE, Forman, Hanratty & Montgomery, 1323 SE Third Avenue,
Fort Lauderdale, Florida 33316 for statutory attorney's fees; it is further
ORDERED that title to Parcel 815 an Access Easement, and Parcel 915. a Utility Easement,
being fully described in Exhibit "An attached hereto and incorporated herein, which vested in
Petitioner, COUlER COUNTY, FLORIDA. pursuant to the Order of Taking dated October 18,
2
.
Agenda Item No. 16K6
June 12, 2007
Page 5 of 9
2005, and the deposit of money heretofore made, is approved, ratified, and confirmed; it is further
ORDERED that this Court reserves jurisdiction to award attorney's fees and costs for
supplemental proceedings, if any; it is further
ORDERED that this Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment; it is further
ORDERED that the Notice of Us Pendens filed in this action and recorded in Official
Record Book 3832, Page 385 et seq.. of the Public Records of Collier County, Florida be dismissed
as to Parcels 815 and 915; it is further
ORDERED that this Stipulated Final Judgment is subject to approval by the Board of
County Commissioners; it is further
ORDERED that this Stipulated Final Judgment is to be recorded in the Official RecoTds of
Collier County, Florida; it is therefore
DONE AND ORDERED in Chambers at Naples, Collier County, Florida this _ day of
,2007.
CIRCUIT COURT JUDGE
Conformed Copies:
Heidi F. Ashton, Esquire
Charles R. Forman, Esquire
E. Glenn Tucker, Esquire
Toni Molt, Property Acquisition Mgr/Real Estate Services
Bank Atlantic
Bookkeeping
3
Aaenda Item 1'10. 16K6
~ June 12. 2007
Page 6 of 9
JOINT MOTION FOR STIPULATED FINAL JUDGMENT
The parties hereby stipulate and respectfully request this Court to enter the fOTegoing
Stipulated Final Judgment as to Parcels 815 and 915.
Dated:
Dated:
CHARLES R. FORMAN, ESQlliRE
Florida Bar No.: 229263
FORMAN HANRATIY & MONTGOMERY
1323 SE Third Avenue
Fort Lauderdale, FL 33316
(954) 522-9441- Telephone
(954) 522-2076 - Facsimile
ATTORNEY FOR RESPONDENT
~
HEIDI F. ASHTON, ESQlliRE
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
4
.
~-
L
Agenda Item No. 16K6
June 12, 2007
Page 7 of 9
EXHIBIT -1L
Page 3\ ot~
PROJECT 70'6'12-1
PARCEL 151&-
FOLIO 00"/1 ~ b OZ>M 7
SKETCH AND DESCRIPTION
OF AN ACCESS EASEMENT
IN TIlE NW 1/4 OF TIlE SW 1/4 OF SECTION 14, lWP 50 S,
RGE 26 E, COWER COUNTY, FLORIDA
NB7"32' ....9..E
155.24'
,
\:. NORn-! UNE OF 1HE S 1/2 Of'
'----lllE ~ 1/2 OF lllE NW 1/4 Of
THE sw 1/4'
I r-
. ;'::l~ t!
;;-
o
in F.P.&L R/W g
;;; ~ . EASEMENT
w!;i -~170J
~~~
W&L-FLORIDA poWER &; l,JG-IT Co. ~ 2 S It.l
R/W - RIGliT-Qf'-WAY o..q" III
P~o.B.-POlNT OF" BEGINNING _ Or
P.D.e.-POINT or COUUENCEMENT., _ _ _ g
SOU1H lINE OF lllE S 1/2 of ~
(THE N 1/2 Of lllE NW 1/4 Of
lllE sW 1/+ .
S 1/2 OF TIlE Nl/2 DF
NW 1/4 OF TIlE svi 1/4
Hiuo NO.:
00+16600007
P:O.B.
-f-. ~o.~ER Of
. SECnON 14-
. . . - - ~ NB7'3B'.3"E
'"
~ - to
~!?
'm
.&;v-
00
NO
Z
155.2<4'
S87'33'34"W
I
1182.69'
"--- SOUlll UNE SECllQN 14
l;!
on
::l
"-
O.::!:.
N_
:::-,.
",Z
",'"
iSiS...
1515:::-
w~~
z~U)
.::1'2:;10.1
t:iw~
~iS15
15~.:t.
~;~
:JwUl
t>iE~
;:j "-
o
OFSCRIPl1DIIl OF A pARCa OF LANnLYJNG IN 1HE squru 1/2 OF'1HE N'OR1H 1/2 OF nlE NORTHWEST 1/4 OF 1HE
S~ ~/4 OF ,SECTION 1+. lPWNSHIP 5Q" saum. RANGE _2~ EAST. COI..l.1E;R COUNTY. FLORIDA:
COI.IMENClNQ AT THE SOUTHwEsT CORNER Of SAJIl SECTION H. THENCI' RUN NB7'3B'03"E, A OISTANcE Of'1.182.6'
FEET Al,ON" 7HE SOU1H UNE Of SAID SECTION:. THENCE RUN NOO'49'35"E, A OISTANCE 0,2.010.+2 FEEt ALONG A
UNE lHAT ~S PARALL!;L 10 'tHE'EAST UNE Of 1I-lE. WEST 1/2 Of TIlE SOUTHWEST 1/+ TO THE POlNT Of
BEGiNNING; n1ENCE CONTIHUE NOO'49"35"E. A DlSTANC!r OF 335.07' FEET ALONG A UNE RUNNING PARAll.EL 10 lHE
EAST'UNE of sAID' SOuTH 1/2 Of THE NORTIl 1/2 Of TIlE NORTHWEST 1/4 Of THE SOUTH\\6T 1/~ THENCE RUN
N:8rn'~"E. A.C1STANCE'OF 155.24 fEET ALONG 1liE NORn-I UNE OF SAlD SOUlH 1/2 OF lHE NORTH 1/2 OF 1HE
NORTHWEST 1/+ Of THE SOUTHWEST 1/4: THfNCE RUN SOO''''''35''W. A OISTANCE Of 335.10 FEET ALONG THE EAST
UNE.Qf SAIO ~OU1H 1/2 OF TIlE NORTIl 1/~ Qf THE NORTHWEST 1/4 OF TIlE SOUTHWEST 1/~ THENCE RUN
SIl7'33'34"1'/. A DISTANCE OF 15524 fEET AlONG _ SOUlll UNE OF THE SOUTH 1/2 Of THE NORlll 1/2 OF 1Hi:
NORTHIIEST 1/4 Of THE SOJJ1HWEST 1/4 10 THE POINT Qf BElllNNlNG.
.G.5F939 SQUARE FEET OR '.19 A<:RES, MORE O~"LESS.
.,. !lOre..
...; -. . lHE PARCEL' BEARING. DISTANCES. AND AREAS.
CALCIJU,\TED ARE, BASED ON A F1an SURVEY OF
No iIIiJ<IsbN (FOIllHE OIRll !:Bon3) SECTION I+. BASIS 'OF BEARING: STATE PLANE'
1'LORIDA,3~~:'~m~ M""PER ...... COORlll/lATE S'lSTEld. Fl.A. EAST ZONE. '83/90.
THIS ~AY Df,J;)~20iM. THIS, IS~tllOF'A .SURV!;::t, .
&&l-KEYC;' COONER::AND" ;/i.OCIkTES,INC.
. . .. SURVE'I'1N~' AND I.tllPPING' '" ... '.
. 3900"'COlONIAL.. 'BlVD.. SUITt 4; FORT MYERS;'-FLORfDA 33912
l?H0llE:- (239)277-0722 : F",~ (239)2n-'-'7)79. EMAn::.. SURlIEY1NGlICOONJ;R.COM
. CUENT: .Gl!EELEl':AND '.IlANss<l.tLC. .DRAWN' BY: .tJW.' 'CHECKED' By,' J.N.W.
PARCEl: DESCRIPTION:. DAm 'B/3/O+ SCALE: 1"-100' . REV: 10/20/0+
ACCESS EASEllENT.lN TIlE NW'I/4' .. . '..
OF lHE SW 1 4 OF SEe 14-50-26 PRO;JECT No:' 020901 DWG No:SEC14T":""AE(:A.E6) SHEET: 1 OF 1
\--
L
Agenda Item No. 16K6
June 12, 2007
Page 8 of 9
EXHIBIT ....B-.
Page...2.6.of ~
PROJECT 1"15'12/
PARCEL q 1:;-
FOLIO oO'-l/{.,/,.oooo7
SKETCH ANDlJESCRlPTION
OF A 15' UTIIJTYEASEMENT
IN THE NW 1/4 OF THE SW 1/4 OF SEC110N H. 1WP 50 S.
RGE 25 E. COWER COUNTY, FLORIDA
\ NOR1H uNE of 1HE S 1/2 OF
"- THEN 1/2 Of 1HE NW 1/4 OF
1HE sw 1/4 .
S 1/2 OF THE N 1/2 OF
NIV 1/4 OF THE sW 1/4 .
FOUO' NO.:
00416600007
"-
o
.;
::l
'15.02'
N8T32' 49"E
'f'
'"
n
'"
...
o
o
Ul
F.P.&L R/W
EASEMENT
170'
l"
o
n
...
....
b
o
:z
s
,,;
n
n
...
0,
N_
,;>",
"':z
WW
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:;: l>..a~
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b ~......w
~ t;~F.
~,,::,
~
r~p.&L.-FlORlDA P-o~ & UGH CO.
R/W - RlGfjT-oF-WAY
P.O.B.-P~NT OF -BEGINNING
P.D.e.-POINT OF C0UUENCEUENT
SOU1H liNE of lHE S 1/2 Of
(lHE N 1/2 OF 1HE NW 1/4 01'
lHE SW 1/4 P.O.B.
~~
P.O.c. ~~' .....c-.I..,.
+~~c~:~ OF ~~ ~;;
N87'38'03"E I' 1167;67' Z ;: ~ :
- - - "-- SOU1H UNE SECTION 14 . 3 ;
OFSf".RfPTION OF.A tS-FoOT SIRlP OF' lAND L'I1NG IN 1H~ soum 1/2 ~ 1HE ~OR1H 1/2 OF :mE NQRlHYJEST 1/4-
OF' lH~ SOUlHWEST 1/4 OF SECTION. 14. TOWNSHIP '50 sqUlH. RANGE 26 EAST. COWER COUNTY, flORIDA:
COUMENCNG AT lHE sOtrrnWEST CORNER OF SAlp s.ecrioN 14. THENtE RUN N8T38'D3"E. A DISTANCE OF 1.167.67
FEET ALONG 1HE SO\J1H UNE Of SAID SECTION: 1HEllCE RUN NOO'49'3S"E. A OISTANCE Of 2;010.42 FEET ALONG A
. UNE lHAT RUNS PARAli.EL TO 1HE EAST UNE Of 1HE \\€ST .1/2 OF THE SOlJ1HWEST 1/4 TO THE POlNT Of .
BEGINNING;- 'tHENCE' CONTINUE NOO"49'3S-E,. A DISTANCE OF 3.3~.07 FEEl" ALONG lHE WESi UNE OF A 170'-FoOT
FLORIDA _PO~ AND UGHT COLtPANY RIGHT-OF-WAY EASEMENT. SAID UNE RUNNING PARAULL TO 1HE EAST UNE
Of SAID SOUTH 1/2 Of lHE NORlH 1/2 Of 1iIE NORTHWESt 1/4 Of THE SQUTHIlEST 1/4: lHENCE RUN
N8TM -49"E. A DiSTANCE OF .f5.02 fEET ALONG THE NORlH UNE OF SAID SOUlH 1/2 OF lHE NORTH 1/2 OF 1HE
NORTHWEST 1/4 Of THE SOUlHWEST 1/4: THENCE RUN SOO'49'35"W, A DISTANCE Of 33$.07 FEET ALONG A UNE
iHATlS PARAL.l.El. TO lHE EAST UNE OF SAID SOUlH 1/2 OF lliE NORm'1/2 OF lHE NORlHWEST 1/4 OF lHE
SOl[TijWEST 1/4; 1HEN~ RUN SST33'34"W. A DISTANCE OF 1'5.02 FEr ALONG .lliE scum UNE OF lHE soum 1/2
OF THE ~OR1H 1j2. OF .lliE NCR~WEST 1/4 OF THE SOUTHWEST 1/.... m WE POINT OF BEGINNING.
PONTAft-llf:fGo 5;026 ~~E'f.EET ~ -o,.12.ACRES. MORE OR LESS.
~&f:"'''~ .. \\\'~ARcaBEARlNG. DlSTANCES.AND AREAS
~ . . tI. ~et-i~~( OR lHE F1RJ,I La....,..,.. CAt.cUtA7EO ARE B1'.SEIl ON A FlWl SURVEY Of
Ar' .....""'- UII"'~ SECnoN 14. BAStS OF BEARlNG: STAlE PlANE
"~IDA.'U<'I~ .:>~n;_ . ~- ~~ J.IAP~ER .' . COORDINATE SYSTEM, AA EAST ZONE, '83/,90,
T1jIS~OAV~~oot.. .1HIS~.'IS,NOT"'A.SURVEY,,,.,.
EY" C~ "C()ONER~,;AfIlD:;~ASSOel~TES. INC.
. . SURVE)1N~, ANI> MAPPING .
_ . 3900. COL'Cll'llAL '8tYD.. SU/1E"4. 'FORT M)'ERS~1'LORJOA 33912
PH6N~: (239)2.17-'0722' fAX;"(~1l):in~7179', E1dAl1..; SURVQlNGOCOOl'lERICOM
CUENT: GRfELEY AND 'HANSEN. 'lLC. ORAIIN BY: . ;JNW CHECKED BY: J.N.W.
PARCEL OESCRlP1l0N: OATE, 8/3/04 SCALE: 1"-100' . REV"10/20/04
15' Ul1lITY EASEMENT IN 1HE NW 1/4 .'
'OF mE SW 1 4=-OF SEC' 14-SQ-26" PROJECT No: 02C}901 OWG No:SECHT-AE{P5) SHEET: 1 OF 1
IS'
S8T33",M"W
15.02
"
Item Number:
Item Summary:
Meeting Date:
Pagelof1
Agenda Item No. 16K6
June 12,2007
Pane 9 of9
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16KI)
Recommencatlon te approve a Stipulated FlGal ,Iudgment as to Pan:els 815 and 91.5 ln tile
amount of S33890;n the lawsuit sfyled Collier County v COlonnade on Collier Blvd LLC e1
al. Case ~w 05-1081-C,\ (Souln County Reglon,,1 VVater TI€atrrle'lf Welllleld P:ole:;t
#70892i(FI5ca!lmpact 53,871(0)
5.'t212007 9 OOOOAM
Date
Prepared By
HeidlF, Ashton
County Attorni!y
Approved By
Phil E. Grllmatge5 P.E.
PublicUtifities
Approved By
ThomllsWides
Public Utilities
Appro\'ed By
RoyB. Anderson, PE
Public Utilitie5
Assistllnl County Attorney
CoumyAttorneyOfficE>
5/2412007949:25 AM
Sr. Project Manllger
Date
Public Utilities Engineering
5/24!200711:53AM
Operations Director
Date
Public Utilities Operations
512412007112PM
Public Utilities Engineering Dirl)ctor
Date
Public Utilities Eng;ne-enng
5124/2007150PM
Approved By
Date
James W. DeLony
Public Utilities
Public Utilitie5Adminislrator
PubiiC Utilities Administration
5/2512007142PM
D~,
Approved By
David C. Weigel
County Atlomey
County Attorney
COUnlY Attorney Office
5130120079;25 AM
Date
Approved By
OMBCoordinator
County Manager's Office
OMBCoordinotor
Office of Management &. Budget
611/20079:3SAM
Date
ApprovedRy
Susan Usher
County Manager's Office
Senior Management/Budget Analyst
Offiec of Management & Budget
611/200711:r,9AM
Date
Approved By
Michae; Smykow,,",ki
County Manager'sOftiee
Managl)mcnt &. Budget Director
Office of Management & Budgct
611/2007110PM
Date
Approved By
JamesV. Mudd
80ard of County
Commissioners
County Manager
County Manager's Office
G/4120079:42AM
file:/IC:\AgendaTest\Export\84-Juneo/02012, 0/0202007\ 16. %20CONSENT%20AGENDA \ 16K.. 6/612007
Agenda Item No. 16K7
June 12, 2007
Page 1 of 4
Executive Summary
Recommendation to Approve an Agreed Order Awarding Expert Fees and Costs Relating to
Parcel No. 134 in the Case Styled Collier COUllty v. TreeSource, 11lc., et aL, Case No. 02-5167-
CA (Immokalee Road Project #60018) (Fiscal Impact: $1,800.00).
OBJECTIVE: That the Board of County Commissioners approve the Agreed Order awarding
planning expert fees and costs in the amount of$I,800.00 as to Parcel 134 in the case styled Collier
County VS., et aI., Case No. 02-5 I 67-CA (Immokalee Road Project No. 60018).
CONSIDERATIONS: On March 13, 2007, the Board of County Commissioners approved a
Stipulated Final Judgment providing full compensation for the acquisition of Parcel ] 34, which is
owned by Respondents, Michael Blumert and Janet Blumert. Pursuant to Section 73.09], Fla. Stat.,
the property owner is entitled to all reasonable and necessary costs incurred in the defense of the
eminent domain proceeding. As one of the costs incurred in their defense, counsel for the property
owners has submitted invoices for planning expert fees from Morris-Depew Associates, Inc., in the
amount of$2,320.00. Through negotiation the parties have agreed to $1,800.00.
If approved, the County will pay the following costs:
. Planning Expert Fees and Costs
$1.800.00
TOTAL:
$1.800.00
Attached is the proposed Agreed Order.
FISCAL IMPACT: Funds in the amount of $1,800.00 are available in the FY 2007 adopted
budget. Source of Funds are Gas Taxes and/or Impact Fees.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners:
I. Approve the Agreed Order as to expert costs for Parcel 134; and
2. Approve the expenditure of funds as stated.
PREPARED BY: Ellen T. Chadwell, Assistant County Attorney, Office of the County Attorney
Item Number:
Item Summary:
Meeting Date:
Page I of ]
AgendA Item No. 16K7
June 12.2007
Page 2 of 4
COLLIER COUNTY
BOARO OF COUNTY COMMISSIONERS
16Ki
Recommendation te Approve an Agreed Order ."Iwarding Exper! Fees and Costs Relating to
Parcel No 134111 the Case Styled Collier County v TreeSource. Inc. ei al Case ~Jo. 02-
5167C/\ ilmmo~alee Road Project #'30018) iFisc:al Impact. 51.800 00)
6112i2U07800.00/.,M
Date
Prepared B}'
Ellen T.Chadwell
County Attomey
As~istant County Attomey
County Attomey Orfice
5125/2007923:40AM
Dale
Approved By
Lisa Taylor
Transportabon5ervices
ManagemenUBudget Analyr.l
Transportation Adm;nlstra!ion
51251200711:44AM
Date
Approved By
Ellen T. Chadwell
County Attomey
Assi5l:lnt County Attorney
County Attorney Office
5129/2007218PM
Date
Approved By
Kevin Herldricks
Transportation Services
Right Of Way Acquisition Manager
TECM.ROW
5/2912007312PM
Date
Approved By
NajehAl1mlld
Transportation Services
Dlr()ctor
Transportation Engineering &
Construction Management
5/29/20074:25 PM
Date
Approved By
Sharon Newman
Transportation Services
Accounting Supervisor
Transportation5erviee~Admin
5/30120079:15AM
Date
Approved By
Dav;dC.Weigel
County Attorney
County Attorney
County Attorney Office
5130120079:40 AM
Date
Approved By
OMB Coordinator
County Mllnager'sOfflco
OMB Coordinator
Office of Management & Budget
6/1/20079;3SAM
Date
Approved By
Susan Usher
County Manager's Office
Sel1lor MnnagementlBudget Anaiyst
Office of Management & Budget
6111200712:10 PM
Date
Approved By
MichaBI Smykowski
County Manager's Office
Management & Budget Director
Office of Management & Budgel
6/1/200712:59PM
Date
Approved By
JamesV Mudd
Board of County
COmmissioners
County Manager
County Manager's Office
613/20074:1ilPM
file:! /C:\AgendaTest\Export\84-.Iune%2012, %202007\ 16. %20CONSENT%20AGENDA \ 16K.. 6/6/2007
Aaenda Item No. 16K?
- June 12, 2007
Page 3 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.: 02-5167-CA
Petitioner,
Parcel: 134
vs.
TREESOURCE, INe. FIKJA CAPVENTURE
OF COLLIER COUNTY, INe., et al.
Respondents.
/
AGREED ORDER AWARDING EXPERT FEES AND COSTS
THIS CAUSE, having come before the Court upon joint motion of the parties, Petitioner,
COLLIER COUNTY, FLORIDA, and Respondents, MICHAEL BLUMERT and JANET W.
BLUMERT, by and through their undersigned counsel, for entry of an Agreed OTder Awarding
Expert Fees and Costs, and the Court, being fully advised in the premises, it is heTeby
ORDERED AND ADJUDGED that Respondents, MICHAEL BLUMERT and JANET
BLUMERT, shall recover from Petitioner, COLLIER COUNTY, FLORIDA, the sum of One
Thousand Eight Hundred and No/I00 Dollars ($1,800.00) for planning fees and costs of
Morris-Depew Associates, Inc. incurred in the defense of this proceeding as to Parcel 134.
ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY, FLORIDA,
shall within thirty (30) days from the date of this OrdeT, pay the total sum of One Thousand and
Eight Hundred No/I00 Dollars ($1,800.00) to ROETZEL & ANDRESS TRUST ACCOUNT,
.
Agenda Item No. 16K7
June 12. 2007
Page 4 of 4
c/o Kenneth A. Jones, Esq., 2320 First Street, Suite 1000, Fort Myers, Florida 33901, for proper
disbursement in accordance with this Order.
ORDERED AND ADJUDGED that this Court reserves jurisdiction to determine
remaining fees and costs, including supplemental attorney's fees in this matter.
DONE AND ORDERED this _ day of
, 2007, in Naples, Collier County,
Florida.
Lawrence D. Martin
Circuit Court Judge
Conformed copies to:
Ellen T. Chadwell, Esquire
Kenneth A. Jones, Esquire
Kevin Hendricks, Mgr., ROW A Office
Bookkeeping
.JOINT MOTION
The undersigned parties hereby respectfully request this Court to enter the foregoing
Agreed Order A warding Expert Fees and Costs as to Parcel 134.
Dated:
Dated:
KENNETH A. .JONES, ESQUIRE
Florida Bar No.: 200158
ROETZEL & ANDRESS
2320 First Street, Suite 1000
Fort Myers, FL 33901-2904
(239) 338-4206 - Telephone
(239) 337-0970 - Facsimile
ATTORNEY FOR RESPONDENTS
MICHAEL & JANET BLUMERT
ELLEN T, CHADWELL, ESQUIRE
Florida Bar No.: 0983860
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. 16K8
June 12, 2007
Page1of7
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment for Parcel No. 130 in the lawsuit
styled Collier County ". Berean Baptist Church of Naples, Inc., et al., Case No. 06-1254-
CA(County Barn Road Project No. 60101). (Fiscal Impact $58,337.25)
OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final
Judgment for payment of full compensation, expert fees and costs, for the taking of Parcel No.
130 in the lawsuit styled Collier County v. Berean Baptist Church of Naples, Inc.. et aI., Case
No. 06-1254-CA (County Barn Road Project No. 6010]).
CONSIDERATIONS: Prior to suit, staff offered the Respondent, Berean Baptist Church
of Naples, Inc., $119,800 which was rejected. The County acquired the subject property by entry
of a Stipulated Order of Taking and by depositing the sum of $98.200. Berean Baptist sought
compensation in the amount of $] 68,000, and expert costs of $24,383. The County and
Respondent have negotiated the proposed settlement of $13 3,750 as full compensation for the
taking of Parcel 130. In addition, the settlement provides for payment of attorney's fees and all
expert fees and costs in this case.
If approved, the County will pay the following costs:
. Additional Compensation:
. Expert Witness Fees:
. Statutory Attorney's Fees*:
TOTAL
$ 35,550.00
$ 18,183.75
$ 4,603.50
$ 58,337.25
* Attorney's Fees are mandated by S 73.092, FS., and are based on 33% of the difference
between any settlement amount and the initial offer, i.e., 0.33 x ($133,750 - $] ]9,800).
Attached is the Stipulated Final Judgment.
FISCAL IMPACT: Funds in the amount of $58,337.25 are available in the FY 07 adopted
budget. Source of funds are Impact Fees and/or Gas Taxes.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDA TION: That the Board of County Commissioners:
]. Approve the Stipulated Final Judgment as to Parcel No. 130;
2. Approve the expenditure of funds as stated.
PREPARED BY: Ellen T. Chadwell, Assistant County Attorney
06~1254-CA/619
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
Agenda Item ~o. 16K8
June '12, 2007
pye 2 of 7
,
COllIER COUNTY. FLORIDA, a
political subdivision of the State of Florida,
Petitioner,
Case No. 06-1254-CA-LDM
v.
BEREAN BAPTIST CHURCH OF NAPLES,
INC., et al.,
Parcel: 130
Respondents.
/
STIPULATED FINAL JUDGMENT
THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, CO R
COUNTY, FLORIDA, and Respondent, BEREAN BAPTIST CHURCH OF NAPLES, INC., by and
through their undersigned counsel. for entry of a Stipulated Final Judgment as to Parcel 130 a d it
appearing to the Court that the parties are authorized to make such Motion, the Court finding tha the
compensation to be paid by Petitioner is the full compensation due the Respondent, BE AN
BAPTIST CHURCH OF NAPlES, INC., and the Court being otherwise fully advised in the preises
thereof, it is thereupon i
I
ORDERED AND ADJUDGED that Respondent, BEREAN BAPTIST CHURCH IOF
NAPlES, INC., have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the total su of
One Hundred Thirty-three Thousand Seven Hundred Fifty and No/IOO Dollars ($133,750.00 for
Parcel 130. inclusive of the good faith estimate of value of $98,200 deposited by Petitioner, as full
I
I
compensation for the property interest acquired and for damages resulting to the remainder, if less than
I
the entire property was taken, and for all other damages or costs in connection with said parcel; t is
further
1
I
,
Agenda Item ~o. 16K8
June p, 2007
Page 3 of 7
ORDERED that Respondent will receive. pursuant to g73.092(1), Fla. Stat., as a reasonable
I
attorney's fee, the sum of Four Thousand Six Hundred Three and 50/100 Dollars ($4,60310),
based on a benefit of $13,950; it is further I
ORDERED that Respondent shall receive the sum of Fifteen Thousand and No/l00 Dollars
($15,000,00) as full settlement of any and all claims for appraisal expert fees and costs; it is further
ORDERED that Respondent shall receive the sum of Two Thousand Four Hundred Fifty-
I
six and 25/100 Dollars ($2,456.25) as full settlement of any and all claims for survey expert fees land
costs; it is further I
ORDERED that Respondent shall receive the sum of Seven Hundred Twenty-seven Imd
501100 Dollars ($727.50) as full settlement of any and all claims for landscape expert fees and cosjs; it
is further '
ORDERED that no other costs, including attorney's fees, shall be awarded in this cause; it is
further I
ORDERED that Petitioner shall pay, within thirty (30) days hereof, the total sum of Twenty-
!
two Thousand Seven Hundred Eighty-seven and 251100 Dollars ($22,787.25), made payablt to
Harris, Harris, Bauerle & Sharma Trust Account, c/o Bruce M. Harris, Esquire, 250 S. Orange ~ve.,
Ste. 100, Orlando, Florida, 32801-3492, for all attorney's fees and costs; it is further I.
ORDERED that Petitioner shall pay, within thirty (30) days hereof, the total sum of Thir-
five Thousand Five Hundred Fifty and No/I00 Dollars ($35,550.00), made payable to Berean
Baptist Church of Naples, Inc.. 1851 County Barn Rd.. Naples, Florida, 34112; it is furtheT
ORDERED that title to Parcel 130, a Perpetual Non-Exclusive Road Right-of-Way, Drai~age
and Utility Easement, being fully described in Exhibit "A" attached hereto and incorporated hefin.
which vested in Petitioner pursuant to the Stipulated Order of Taking dated December 8, 2006. and,the
deposit of money heretofore made, is approved, ratified, and confirmed; it is further
2
Agenda Item I~O. 16K8
June 2, 2007
Pa e 4 of 7
ORDERED that the Notice of Lis Pendens filed in the above-styled cause and recordefl in
Official Record Book 4084, Page 373 of the Public Records of Collier County, Florida, be dismi$sed
I
I
as to Parcel 130; it is further !
ORDERED that pursuant to Section 74.051(3), F.S., the Clerk of Courts shall disbursi. the
interest eamed on the funds on deposit in the amount of $ to Collier County Board of Co nty
Commissioners, c/o Ellen T. Chadwell, Assistant County Attorney, Office of the County Atto~ey,
3301 East Tamiami Trail, Naples, FL 34112; it is further I
ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of
Collier County, Florida; it is therefore
DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this
day of
,2007.
LAWRENCE D. MARTIN
CIRCUIT COURT JUDGE
conformed copies to:
Ellen T. Chadwell, Esquire
Bruce M. Hams, Esq.
Kevin Hendricks, Acquisition Mgr.fTransp.
Accounting
3
Agenda Item l\Jo. 16K8
June 12, 2007
Page 5 of 7
JOINT MOTION FOR STIPULATED FINAL JUDGMENT
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent, BERItAN
,
BAPTIST CHURCH OF NAPLES, INC., hereby respectfully move for entry of the fOregrng
Stipulated Final Judgment as to Parcel 130. '
l
I
ELLEN T. CHADWELL, ESQG~~
Florida Bar No.: 983860 rlj'
COLLIER COUNTY A TIORNEY' OFFICE
Hannon Turner Building
3301 East Tamiami Trail
Naples, FL 34112
(239) 774-8400 - Telephone
(239) 774-0225 - Facsimile
A TIORNEY FOR PEITTIONER
Dated:
Dated:
BRUCE M. HARRIS, ESQ.
Florida Bar No.: 0003697
HARRIS, HARRIS, BAUERLE & SHARMA
250 S. Orange Ave., Ste. 100
Orlando, FL 32801-3492
(407) 843-0404 - Telephone
(407) 843-0444 - Facsimile
ATIORNEY FOR RESPONDENT.
BEREAN BAPTIST CHURCH OF
NAPLES, INC.
4
r
t'
I
EXHIBIT
A
PfRPe'ilJAL, NON-EXCUJSIVE
ROAD R1GHT-oI'-WIIY, DlWNllGE
NlD UT1UlY &.saIiMT
PROJECT N01 GOIOI
PROJECt PARCEL HOl 130
LEGAL DESCRlPTION AND SKETCH
l'ROl'OSED RIG.EIT OF WAY
(NOTASUltVIM
SECTION 8, TOWNSHIP 50 SOum, RANGE 26 BAST
COlLIER COONTY, PLORIDA
SHEEt'.L.OF 1.
~
..~
~=t-~--~ '''=~N~~~'';- --
r'III!1THVNIll!!J1 ~~"1tUlfl'
a.J1'VIP'ltl'/fUN!:01'
tWlIf'rtwrfll/oJ.CltaJt.1'Ji!I
-WIt"... --311' R/fll.lol
--~----------
--,
uru.m- EMOUT
~
I
i
BBIa!.AN B.Al"I1ST COR.CHmc.
FOUO NOMBEll: 00403350004
O.R.. 467. PO. 472
~
I
i
Li'GAL DESCRIPTION - P ARCa 130
THE EAST 50 FEET OF THE WEST 100 FEET OF THE
NORTH ONE liAu= (N 112)'OFTHESOllTH ONE HALF
($ 112) OF THE NORTHEAST QUARTER (NE 1/4) OF
THE NORTHWEST QUARTER (NW 1/4) OF SECTION 8,
TOWNSHIP 50 SOllTH, RANGE 28 EAST, COWER
COUNTY, FLORIDA
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I
1 OAeenda It~m No. 16K8
J~ne 12, 2007
I Page 6 of 7
I
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I,
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~l'
f>.,#
Item Number:
Item Summary:
Meeting Date:
Page
Agenda Iten-,
.June
P<:I1W
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16Ki3
'~H;omll1elldai on to approve a Supl;lated Final JudgmEr,( for Parcoi No 130 n tile lawsuli
siyled CGll!e: County v Berearl 8ao1>sl Churcn Gf Naples 1'12 "t ill Case r~() 8C-12S~-CA
'C.mmty Eiarn Road "'ro.le J ~~c 6~\101i ,'r:ls881Imp<1Cl ::52 :o:,c ~5',
6/12/::'00:S00 00 /.,M
As,;istant Counly Attorney
Date
Prepared By
ElIenT. Chadwell
County Attomey
County Attorney Office
5,'251200711.01,44AM
EllenT_Chadwell
Assistant County Attorney
Date
Approved By
COlJntyAttorney
COlJntyAttorney Office
5129120072:20 PM
Approved By
Lisa Taylor
Transportation Services
ManagemenUBlJdget Analyst
Date
Transportation Administration
5130!20078:08AM
NajchAhmad
Director
Date
Approved By
Tr:msportatiollServices
Transportation Engineering &
Construction Management
5/J0120078:20AM
Sl1aronNewmarl
AccolJntingSlJpcrvise>r
Dale
Approved By
lransportationServices
Transportation Services Admin
5130/20079:17 AM
Approved By
KevmHendncks
lransportationServices
Right Of Way A~qlJls;tion Manager
Date
TECM-ROW
5130/200710:15AM
Co.mtyAtlomey
Date
Approved By
O,widC,Weiqel
County Attorney
COlJntyAltorney Dfllce
5130,'20071101 AM
OMBCoordinator
Date
Approved By
OMBCoordinator
County Manager', OfficI!
Office of Management & BlJdget
61112007938AM
$el1lor Management/8lJdget Analyst
ome
Approved By
$l1!>an U!>her
COlJnty Mar1agcr'sOfflr.E
Office of Managcmenl & Budget
fil112007 12:06 PM
Michael Smykowski
Managements. BudgEt D,rector
Date
Approved By
County Mannger', Off,ce
Office of Management & Budget
6/11200712:55PM
Appron'dBy
J,In\e, V_ Mudd
BoardofColJoty
Commissioners
COlJntyManager
Dale
County Manager's OffiCI!
61112007133 PM
] of]
1RK8
2007
of?
file://C:\AgendaTest\Export\84-Juneo/020 12,%202007\ 16, %20CONSENT'%20AGENDA \] 6K.. 6/6/2007
r I
EXECUTIYE SUMMARY
Agenda Item No. 16K9
June 12, 2007
Page 1 of 4
Request Authorization to Amend Collier County Ordinance No. 87-60, as
Amended, to Exempt from the County's Local Requirements, but not from
State of Florida Newly Enacted Statutory Requirements, regarding
Solicitation Activities Conducted in or Along Streets and Roads by
Organizations that are Exempt from Federal Income Taxes under Section
SOl(c)(3) of the Internal Revenue Code and are Either Registered as a
Charitable Organization (or Sponsor) with Florida's Department of
Agriculture and Consumer Services, or are Statutorily Exempt from such
State Registration.
OBJECTIVE: That the Board of County Commissioners authorize drafting an
Ordinance to amend Collier County Ordinance No, 87-60, as amended, to exempt from
that Ordinance's local requirements all organizations that are exempt from federal
Income taxes under Section 501(c)(3) of the Internal Revenue Code, but are either
registered as a charitable organization with Florida's Department of Agriculture and
Consumer Services or are exempt from that State registration requirement.
CONSIDERATIONS: Chapter 2007-43, Laws of Rodda, titled the ''Iris Roberts Act "
(copy attached) amends Section 316.2045, Rorida Statutes, to provide that each
organization that is exempt from federal income taxes only under Section 501(c)(3) of
the Internal Revenue Code and is either registered with Florida's Department of
Agriculture and Consumer Services as a charitable organization or sponsor, or is an
individual or another organization acting on behalf of such statutorily exempt
organization or sponsor, shall be exempt from the County's local requirements to apply
for a permit to solicit in or along streets or roads not maintained by the State of Florida.
However, such organizations or sponsors must continue to supply staff with required
information and proofs, including a "Safety Plan" and proof of insurance, This Statute
will become effective on July 1, 2007. Collier County Ordinance No. 87-60, as
amended, currently requires such organizations (and sponsors) to provide County staff
with our local requirements to obtain such permits before conducting such charitable
solicitation activities. Applied only to Section SOl(c)(3) tax-exempt organizations it is
necessary to amend the Ordinance to apply the State's requirements to such
organizations in lieu of our local requirements.
FISCAL IMPACT: The fiscal impact related to this publishing Public Notice for this
amending Ordinance will be paid by the County's Right of Way Permitting Department
under cost center number 101-163640-649100.
GROWTH MANAGEMENT IMPACT: There is no growth management impact related
to amending this Ordinance.
RECOMMENDATION: That the Board of County Commissioners authorize the County
Attorney to draft an Ordinance to amend Ordinance No. 87-60, as amended, and direct
the County Attorney to place the draft Ordinance amendment on the Board's agenda.
Prepare by: Tom Palmer, Assistant County Attorney
CHAPTER 2007-43
House Bill No. 99
Agenda Item No. 16K9
June 12,2007
Page 2 of 4
An act relating to charitable public solicitations; providing a short
ti~le; .amending s. 31.6.2045.' F.S.; exempting certain nonprofit orga-
nIzatIons fro~. pe~ID1t reqwrements related to obstructing streets or
roads for solIcItatIOn purposes; establishing conditions certain non-
profit organizations must meet in order to solicit charitable dona-
tions on certain streets, roads, and rights-of-way; authorizing local
governments to halt solicitation activities if such conditions are not
met; providing an effective date.
Be It Enacted by the Legislature of the State of Florida:
Section 1. This act may be cited as the "Iris Roberts Act."
Section 2. Subsection (3) of section 316.2045, Florida Statutes, IS
amended to read:
316.2045 Obstruction of public streets, highways, and roads.-
(3) Permits for the use of any street, road, or right-of-way not maintained
by the state may be issued by the appropriate local government. An ore:ani-
zation that is Qualified under s. 501(c)(3) of the Internal Revenue Code and
registered under chapter 496. or a person or ore:anization actine: on behalf
of that ore:anization. is exempt from local requirements for a permit issued
under this subsection for charitable solicitation activities on or alone: streets
or roads that are not maintained by the state under the followine: conditions:
(a) The ore:anization. or the person or ore:anization actine: on behalf of the
ore:anization. must provide all of the followine: to the local e:overnment:
1. No fewer than 14 calendar davs prior to the proposed solicitation. the
name and address of the person or organization that will perform the solici-
tation and the name and address of the ore:anization that will receive funds
from the solicitation.
2. For review and comment. a plan for the safety of all persons participat-
ine: in the solicitation. as well as the motorine: public. at the locations where
the solicitation will take place.
3. Specific details ofthe location or locations of the proposed solicitation
and the hours during which the solicitation activities will occur.
4. Proof of commercial generalliabilitv insurance ae:ainst claims for bod-
ilv iniury and property damae:e occurrine: on streets. roads. or rie:hts-of-wav
or arisine: from the solicitor's activities or use of the streets. roads. or rie:hts-
of-way by the solicitor or the solicitor's agents. contractors. or employees.
The insurance shall have a limit of not less than $1 million per occurrence
for the e:eneral ag-gregate. The certificate of insurance shall name the local
e:overnment as an additional insured and shall be filed with the local e:overn-
ment no later than 72 hours before the date of the solicitation.
1
CODING: Words striek-eR are deletions; words underlined are additions.
Ch. 2007-43
Agenda Item No. 16K9
Ch 20074ne 12, 2007
. Page 3 of 4
5. Proof of recistration with the Department of Agriculture and Con-
sumer Services pursuant to s. 496.405 or proof that the solicitin!! omaniza-
tion is exempt from the recistration requirement.
LAWS OF FLORIDA
Cb) Or!!anizations or persons meetin!! the requirements of subpara!!Taphs
(a)1.-5. may solicit for a period not to exceed 10 cumulative days within 1
calendar year.
Cc) All solicitation shall occur durin!! davli!!ht hours only.
Cd) Solicitation activities shall not interfere with the safe and efficient
movement of traffic and shall not cause dantrer to the participants or the
public.
(e) No person entracintr in solicitation activities shall persist after solici-
tation has been denied. act in a demandin!! or harassintr manner. or use any
sound or voice-amplifvine- apparatus or device.
(f) All persons participating in the solicitation shall be at least 18 years
of age and shall possess picture identification.
Cg) Sie,nage providin!! notice of the solicitation shall be posted at least 500
feet before the site of the solicitation.
(h) The local e-ovemment may stop solicitation activities if any conditions
or requirements of this subsection are not met.
Section 3. This act shall take effect July 1, 2007.
Approved by the Govemor May 22,2007.
Filed in Office Secretary of State May 22, 2007.
2
CODING: Words BtriekoR are deletions; words underlined are additions.
.
Item Number:
Item Summary:
Meeting Date:
Page 1 of 1
Agenda Item Nc. 16KS3
June 12. 2007
Pa~10 4 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
10'<8
Rww,_'st AvtllOrlZiJtl0n to Amend ;;cll,er County CJrjinanc<i l-.ju, [',,-;:<1 a~; "'menoccl 10
E:re'lwtfrom trl\" COU;lty'S Local R9::.u,'"erTIE'IlIs, bur Ilot from Sr,,;e of fClorl(j" Ne'Nly Enacted
St8\'1I0ry RequlrernE'ms, regardl''';; SollCit3\lan,l\cr'vlfles Corv;Jucf(>I,11 or A:(;1'9 Streets and
RlJ;J[b tw OrC;3n1zat:ms that arc Exempt irorrr Fedc,ra: IrKOnHe' T IFes uncer Section 5(J1!~,(31
0' In? ;nterClal Revellue CDde <wd are Eltr"er- F,e'~'"tdecj as e Chm iabic Croanizatlon {Dr
E,pomorl with "iOf,cja'S Department oj .ilgm::lIlture and Consumer:: f)lVfCm', or are S:a\L;tolll\'
:C\8r:'pt iron I SL;C', StJt~, r~e(w'trat;on
fI12/200, 8 OOOOAM
Date
"repared By
KllyNcll,CLA
COllnty Attorney
Legal As.;istant
County Attorney Offi~"
5129/200710:56:0<SAM
Date
Approved By
David C Weigel
County AUorney
County Attorney
County Attorney Office
51J1I2U0711:38AM
Date
Approved By
OM8Coorumator
County Manager's Office
OMBCoordinator
Office of Managelnent & Budget
611120079::17AM
Michael Smykow"ki
Date
Approved By
County Manager's Office
M<lnilgemenl & BUd;!"j Director
Office of Man<l;!ement & Budget
614!20071:19PM
Approved By
Jam"sV Mudd
Board afColmty
Cornrnlssioners
COllnty Man"ger
D,1te
COllnty Manager'sOlfIG"
614120074:49 PM
file://C:\AgendaTest\Export\84-Juneo/020 12,%202007\ 16. %20CONSEN'fO/020AGENDA \ 16K.. 6/6/2007
Agenda Item No. 16K10
June 12.2007
Page 1 of 20
EXECUTIVE SUMMARY
Request by the Collier County Industrial Development Authority for approval of a
resolution authorizing the AUthOTity to reissue revenue bonds issued in 2004 to finance
educational facilities for Community School of Naples, Inc.
OBJECTIVE:
To accomplish the necessary approvals to authorize the reissuance of revenue bonds
issued in 2004 by the Collier County Industrial Development Authority and used to finance
educational facilities for Community School of Naples, Inc.
CONSIDERATIONS:
In 2004 the Collier County Industrial Development Authority issued two series of bonds
in the original principal amount of $9,400,000 to finance the expansion of educational facilities
at Community School of Naples, Inc. ("Community School"). The project consisted of the
renovation of existing buildings and construction of new academic facilities, field house and
performing arts center, the renovation of some existing high school space for administrative
space, and the purchase of equipment for these facilities.
One series of the bonds have been paid in full, and the second series has a remaining
balance of approximately $3.7 million consisting of one bond owned and held by Bank of
America. The bank and Community School have agreed and have requested the Authority to
issue a New Bond to extend the maturity of the remaining bond to 2017. Under the Internal
Revenue Code (the "Code"), an extension of the maturity is a reissuance and requires that the
Authority, as the Issuer, hold a public hearing on the reissuance and that the BoaTd of County
Commissioners approve the issuance of the New Bond.
The Authority held a public hearing on May 31, 2007 and considered the proposal.
The meeting was noticed by publication in the Naples Daily News in the manner required by
the Code. No members of the public were present at the meeting to object and no comments
were received prior to the meeting. At the conclusion of the public hearing. the Authority
determined to proceed with the requested modifications and the issuance of the New Bond and
adopted the attached Resolution to evidence this approval.
As stated above, the Code requires that the County Commission, as the local governing
body, must also approve the issuance of the New Bond. This does not have to be a specially
advertised hearing, but must be done at a regularly noticed and held meeting. A Resolution for
the Board to adopt is attached.
C.\MyFiicJldni:"III'>e:nl\lDA-Communily S~~ll00'1\1:xe.s"",muy ~O~
f>.genda Item No. 16Kl0
June 12. 2007
Page 2 of 20
As are all revenue bonds of this type, the bond is based on revenues of the project and
are not obligations of the County. therefore there is no pledge of any taxes, nor a pledge of any
revenues except the revenues of Community School. Neither the County, the Board, nor any
officer of the County is liable for their payment. FurtheT, the Resolution expressly provides
that this approval by the Board does not abrogate any County regulations, including land use
regulations.
FISCAL IMPACT: This program does not require any contribution from the Board of
County Commissioners or any other County agency. The bonds are not liabilities of the
County, and the County is not liable for payment in any way. On the other hand, the issuance
of bonds for educational facilities has a positive fiscal and social impact on the community, and
the statutes authorizing the Authority to issue such bonds declare that such issuance is for a
public purpose. The Community School has been in operation for many years in Collier
County, and serves a valuable educational function.
GROWTH MANAGEMENT IMPACT: The adoption of the attached resolution will have no
adverse growth management consequences. The school is an existing facility well served by
existing infrastructure. The resolution expressly states that the school is subject to the LDC,
the Growth Management Plan, and any applicable concurrency requirements.
RECOMMENDA nON:
The Board of County Commissioners adopt the attached Resolution.
Prepared by:
Donald A. Pickworth, Counsel
Collier County Industrial Development Authority
Approved by:
David C. Weigel, County Attorney
C \MyFilei'.do~urnenl\JD"'-Cllmmunily Schu<>1200T.ExecSumm..y dv,
Page Jofl
Agenda Item No. '16K1D
June 12, 2007
Page 3 of 20
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
15K10
R<iquestl1y the CoiilfHCOUl1ty Industrial DeveloPl1lent,o.ulhO'liyio' aoprovalof a resotution
aUlhoriz'ng me Aulhority to reissue revenue bonds ISSue0 ill 2004 tn finance educatiollal
facillt!es tor Cmllll1unity SctlOOi of Naples Inc
Meeting Date:
6/12i::'U07\lOOOOAW
Approved By
Oavid C. Weigel
CounlyAttomey
Dale
County Attorney
CounlyAtlomey Otfiee
51311200712:03PM
Approved By
OMBCoordinntor
OMBCoordlnator
Date
County Manager'sOftiee
Office of Management & Budget
6J1/20079:52AM
Approved By
Michael Smykow5ki
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
6/1I20071:03PM
Approved By
JamesV Mudd
County Manager
Date
Board of County
Commissioners
County Mllnager'sotfica
6/2120072;20 PM
file:/ /C:\AgendaTest\Export\84-June'Yo20 12, 0/0202007\ 16.%20CONSENTo/020AGENDA \ 16K.. 6/6/2007
Aaenda Item No. 16K1 0
~ June 12,2007
Page.4 of 20
RESOLUTION NO. 2007-_
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA APPROVING THE REISSUANCE AND
MODIFICATIONS OF REVENUE BONDS BY THE COLLIER COUNTY
INDUSTRIAL DEVELOPMENT AUTHORITY, AS REQUIRED BY
SECTION 147(f) OF THE INTERNAL REVENUE CODE, AS AMENDED;
PROVIDING FOR OTHER RELATED MATTERS.
Whereas, the Collier County Industrial Development Authority (the "Authority") is a
body corporate and politic of Collier County, Florida ("Collier County") created by CollieT
County Resolution No. 79-34 duly adopted by the Board of County Commissioners on February
27,1979 pursuant to Part III of Chapter 159, Florida Statutes, as amended, with the power to
issue revcnue bonds for the purposes of financing a "project" as defined in Part II of Chapter
159, Florida Statutes, as amended; and
Whereas, as set forth in the resolution of the Authority described below, Community
School of Naples, Inc., a Florida not for profit corporation, with certain facilities located within
the boundaries of Collier County, Florida, (the "Corporation") has requested the Authority to
approve modifications to its Educational Facilities Revenue Bonds (Community School of
Naples, Inc. Project) Series 2004 and the issuance of a New Bond in a principal amount not to
exceed $3,700,000 (the "New Bond") for the benefit of the Corporation and to loan all or a
portion of the proceeds thereof to the Corporation to finance the costs of the Project; and
Whereas, Section 147(1) of the Internal Revenue Code of 1986, as amended (the "Code"),
provides that the elected legislative body of the governmental unit which has jurisdiction over the
area in which the facility financed with the proceeds of tax exempt bonds is located is to approve
the issuance of such bonds after a public hearing; and
Whereas, the Board of County Commissioners of Collier County, Florida (the "Board") is
the elected legislative body of the County; and
Whereas, the Authority caused notice of a public hearing to consider approval of the
requested modifications and issuance of the New Bond to be published on May 16,2007 in the
Naples Daily News, a newspaper of general circulation in the County, and a copy of said notice
is attached as Exhibit A (the "Notice") to the Authority Resolution described below; and
Whereas, the Authority held a public hearing on May 31, 2007, pursuant to the Notice
and adopted a resolution (the "Authority Resolution") authorizing the modifications to the Bonds
and the issuance of a New Bond as defined in the Authority Resolution, a copy of which is
attached as Exhibit A, and has recommended to the Board that it approve the issuance of the New
Bond in accordance with Section 147([) of the Code; and
Whereas, for the reasons set forth above, the Board desires to approve the issuance of
such Bonds for the purposes of Section 147([) of the Code.
,
Agenda Item No. 16K10
June 12, 2007
Page 5 of 20
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
Section I. Approval of Issuance of the Bonds. This Board hereby approves the
issuance of the New Bond as described in the Authority Resolution attached hereto as Exhibit A
by the Authority for the purposes of Section I 47(f) of the Code.
The New Bond shall not constitute a debt, liability or obligation of Collier County, its
Board of County Commissioners, officers, agents or employees, or the State of Florida or any
political subdivision thereof, but shall be payable solely from the revenues provided therefor, and
neither the faith and credit nor any taxing power of Collier County or the State of Florida or any
political subdivision thereof is pledged to the payment of the principal of, premium, if any, and
interest on the Bonds. No member of the Board of County Commissioners of Collier County or
any officer or employee thereof shall be liable personally on the Bonds by reason of their
issuance.
This approval shall in no way be deemed to abrogate any regulations of Collier County
applicable to the project and the project shall be subject to all such regulations, including, but not
limited to, thc Collier County Growth Management Plan, all concurrency requirements contained
therein, and the Collier County Land Development Code.
Section 2. Severability. If any section, paragraph, clause or provision of this
Resolution shall be held to be invalid or ineffective for any reason, the remainder of this
Resolution shall continue in full force and effect, it being expressly hereby found and declared
that the remainder of this Resolution would have been adopted despite the invalidity or
ineffectiveness of such section, paragraph, clause or provision.
Section 3. Effective Date. This Resolution shall take effect immediately upon its
adoption, and any provisions of any previous resolutions in conflict with the provisions hereof
arc hereby superseded.
PASSED and Adopted this 12th day of June, 2007.
A TrEST:
Dwight E. Brock, Clerk
COLLIER COUNTY, FLORIDA BY
ITS BOARD OF COUNTY
COMMISSIONERS
By:
Deputy Clerk
James Coletta, Chainnan
[SEAL]
2
j),genda Item r>Jo. 16K10
June 12, 2007
Page 6 of 20
Approved as to fonn and legal sufficiency:
3
Aaenda Item No. 16K10
~ June 12, 2007
Page 7 of 20
RESOLUTION NO. 2007-1
A RESOLUTION OF THE COLLIER COUNTY INDUSTRIAL
DEVELOPMENT AUTHORITY AUTHORIZING
MODIFICATIONS TO THE AUTHORITY'S EDUCATIONAL
FACILITIES REVENUE BONDS, SERIES 2004A
(COMMUNITY SCHOOL OF NAPLES, INC. PROJECT);
APPROVING THE FORM OF AND AUTHORIZING THE
EXECUTION OF A FIRST AMENDMENT TO BOND
PURCHASE AGREEMENT; AUTHORIZING THE MEMBERS
OF THE AUTHORITY TO TAKE CERTAIN ACTION IN
CONNECTION WITH THE ISSUANCE OF THE BONDS;
MAKING CERTAIN OTHER COVENANTS AND
AGREEMENTS IN CONNECTION WITH THE ISSUANCE
OF THE BONDS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, in 2004, pursuant to the authority of its Resolution No. 2004-02 (the
"Bond Resolution") the Collier County Industrial Development Authority (the "Issuer") issued
its Educational Facilities Revenue Bonds, Series 2004A (Community School of Naples, Inc.
Project) (the "Original Bonds") and loaned the proceeds of the Bonds to Community School of
Naples, Inc. (the "Borrower"); and
WHEREAS, the Issuer has Teceived a request from the Borrower and Bank of America,
N.A. (the "Bank"), as owner of the Original Bonds. to make certain modifications to the Bonds
and to the Bond Purchase Agreement entered into by the Issuer, the Borrower and the Bank at
the time of issuance of the Original Bonds (the "Bond Purchase Agreement"); and
WHEREAS, it is necessary and desirable to approve the form of and authorize the
execution of a Modified Educational Facilities Revenue Bonds, Series 2004A (Community
School of Naples, Inc. Project) (the "New Bonds") and a First Amendment to Bond Purchase
Agreement and to conduct a public hearing in connection therewith;
NOW, THEREFORE, BE IT RESOLVED BY THE COLLIER COUNTY
INDUSTRIAL DEVELOPMENT AUTHORITY:
SECTION 1. AUTHORIZATION OF NEW BOND.
The Issuer conducted a public hearing on May 31, 2007 concerning the issuance of the New
Bond. A copy of the affidavit of publication of the notice of the hearing is attached as Exhibit
A.
In replacement of and in exchange for the Original Bond, the Issuer is authorized to and shall
execute and deliver to the Bank the New Bond. The New Bond shall have such terms and
conditions, and shall be in the form of, the New Bond anached hereto as Exhibit B, with such
changes, alteTations and corrections as may be approved by the Chairman or Vice-Chairman of
the Issuer (the "Chairman"), such approval to be conclusively presumed by the execution
thereof by the Cha;rm"" The New Bond shall be executed bv the Chairman who shall deliver
EXHIBIT A TO COUNTY RESOLUTION
.Aaenda Item No. 161<10
- June 12. 2007
Page 8 of 20
the same to the Bank in exchange for the Old Bond. The New Bond shall be issued on such
date as shall be mutually agreed upon by the Bank, the Borrower and the Chairman. Upon such
exchange, the New Bond shall be deemed to be one of the Bonds under the Bond Resolution
and the Bond Documents referenced therein, and shall be subject to all terms and conditions
thereof the same as the Original Bond.
SECTION 2. AUTHORIZATION OF FIRST AMENDMENT TO BOND PURCHASE
AGREEMENT. The First Amendment to Bond Purchase Agreement in the form thereof
attached hereto as Exhibit C, with such changes, alterations and corrections as may be
approved by the Chairman, such approval to be conclusively presumed by the execution
thereof by the Chairman, is hereby approved by the Issuer, and the Issuer hereby authorizes
and directs the Chairman to execute such documents, simultaneous with the issuance of the
New Bond, and to deliver the First Amendment to Bond Purchase Agreement to the Borrower.
SECTION 3. NO THIRD PARTY BENEFICIARIES. Except as herein or in the
documents herein mentioned otherwise expressly provided, nothing in this Resolution or in
such documents, express or implied, is intended or shall be construed to confer upon any
Person other than the Issuer, the Bank and the Borrower any right, remedy or claim, legal or
equitable, under and by reason of this Resolution or any provision hereof or of such
documents; this Resolution and such documents being intended to be and being for the sole and
exclusive benefit of such parties.
SECTION 4. GENERAL AUTHORITY. The Chairman and the other members of the
Issuer are hereby authoTized to do all acts and things required of them by this Resolution and
the other Bonds Documents or desirable or consistent with the requirements hereof or thereof,
for the full punctual and complete performance of all terms, covenants and agreements
contained in the Bonds, this Resolution and the other Bond Documents.
SECTION 5. REPEALER. All resolutions or ordinances or pans thereof of the Issuer
in conflict with the provisions herein contained are, to the extent of any such conflict. hereby
superseded and repealed.
SECTION 6. EFFECTIVE DATE. This Resolution shall take effect immediately upon
its passage and adoption.
SECTION 7. LIMITED APPROVAL The approval given herein shall not be construed
as (i) an endorsement of the creditworthiness of the Borrower or the financial viahility of the
Project, (ii) a recommendation to any prospective purchaser of the Bonds, (iii) an evaluation of
the likelihood of the repayment of the debt setvice on the Bonds, or (iv) any necessary
governmental approval relating to the Project, and the Issuer shall not be construed by reason
of its adoption of this resolution to have made any such endorsement, finding or
recommendation or to have waived any of the Issuer's rights or estopping the Issuer from
asserting any rights or responsibilities it may have in that regard.
2
Agenda Item No. 16K10
June 12. 2007
Page 9 of 20
Passed and adopted this 31 st day of May, 2007.
COLLIER COUNTY INDUSTRIAL
DEVELOPMENT AUTHORIT
f
AiZ~~
Donald A. Pickworth. Esq.
Naples Daily NewG
N,~ple~, FL 3,110::;
i\Lfiddvit uf publication
Napl~s D~ily News
fJ.r":Kirl0RTH, j)CU;"L:J P.A.
Sl;0 T~MIAMI TRL N HS02
l'r,~,?LES Fl. ?,nl).~
hSFER'E:iTCE: 010784
59395566
NOTICE OF MEETING AN
State of Florida
Ccunty of Collier
Before the undersigned authority, personally
appeared B. Lamb, who on oath says that she serves
as Assistant Cor~orate Secretary of the Naples
Daily News, a dally newspaper published at Naples,
in Collier County, Florida: that the attached
copy of advertising was published in said
newspaper on dates Ih;ted.
Affiant further says that the said Naples Daily
Ne......s is a newspaper 12ublished at Naples, in said
Collier Countjr, Flon.da. and th3.t the ~aid
ne~spaper has heretofore been continuousl~
publlshed in said Collier County, Florida: each
day and has been entered dS second class mail
m3~~er at the past office in Naples, in said
Collier County, Flo::ida, ::or a period of 1 rear
next p~eceding the first publication of the
attached =opy of advertisement; and affiant
further says that she has neither paid nor
promised any person, firm or corporation any
discrmnt, reb.o\te, commission or refund for the
purpose of securing this advertisement for
publication in the said newspaper.
Pu"BLISHED ON,
05/16 05/16
AD SPACE:
FILED ON:
184.000 INCH
05/16/07
Signature of
._-----'-------'--~--~--
Affiant ;. -
Sworn to and Subscribed before me this ~ day of \ "1
Personally known by me
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EXHIBIT A TO AUTHORITY
RESOLUTION
Agenda Item No. 16i( 1 0
June 12, 2007
Page 10 of 20
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Agenda Item No. 16K10
June 12, 2007
Page 11 of 20
COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY
MODIFIED EDUCATIONAL FACILITIES REVENUE BOND, SERIES 2004A
(COMMUNITY SCHOOL OF NAPLES, INC. PROJECT)
June _, 2007
$3,684,958.56
Collier County Industrial Development Authority, a public body corporate and politic and
an industrial development authority of the State of Florida (the "Issuer"), for value received,
hereby promises to pay to Bank of America, N.A. (together with its successors and assigns as
registered owner hereof, the "Bank"), but solely from the sources as hereafter provided and not
otherwise, the principal sum of $5,900,000.00 or such lesser amount as shall be outstanding
hereunder, and to pay interesl on the principal sum outstanding hereunder from the date hereof,
but solely from the sources as hereafter provided and not otherwise, at the rate per annum set
forth below (as the same may be adjusted, the "Interest Rate on the Bond") pByable monthly in
arrears on the 12th day of each month, beginning July 12, 2007, until payment of such principal
sum in full.
Subject to adjustment as herein provided, the Interest Rate on the Bond will be for each
Interest Period, the sum of (i) 63.702% of the LlBOR Rate plus (ii) 1.82% percent per annum (as
such terms are hereinafter defined). "Interest Period" means each period commencing on the
12th day (or if not a Business Day, the next day which is a Business Day) of each month and
ending on, but not including, the 12th day (OT if not a Business Day, the next day which is a
Business Day) of the next month, provided that the first Interest Period shall commence on and
include the date of this Bond and end on but not include July 12, 2007. "LlBOR Rate" means,
for each Interest Period, the offered rate for deposits in United States Dollars in the London
Interbank Market for a thirty day period which appears on the Telerate screen, page 3750 (as of
11 :00 a.m. London time) on the day that is two London banking days preceding the first day of
the Interest Period. If at least two such offered rates appear on the Telerate screen page 3750, the
Tate will be the arithmetic mean of such offered rates. The Bank may, in its discretion, use any
other comparable publicly available index or Teference rates showing rates for United States
dollar deposits in the London Interbank Market as of the applicable date. The Interest Rate on
the Bond will be calculated on the basis of a 360-day year for the actual number of days elapsed.
The Issuer shall pay the Bank payments of principal in such amounts, if any, as shall
reduce the outstanding principal balance hereof on the dates set forth below to not more than the
amounts set forth below. All outstanding principal, together with accrued and unpaid interest
thereon, shall be unconditionally due and payable by the Issuer on January 12, 2017 (the
"Maturity Date").
EXHIBIT B TO AUTHORITY
RESOLUTION
Aoenda Item No. 16K10
- June 12. 2007
Page "12 of 20
Maximum Principal
Date Outstanding
01/12/2008 $3,200,00
01/12/2009 0.00
01/1212010 2,700,000.
01/12/2011 00
01/1212012 2,412,000.
01112/2013 00
01/12/2014 2,112,000.
01112/2015 00
01112/2016 1,798,000.
00
1,470,000.
00
1,127,000.
00
768,000.0
0
392,000.0
0
The principal of and interest on this Bond is payable in any coin or currency of the
United States of America which at the time of such payment is legal tender for public and private
debts, at such place as the registered owner hereof may designate to the Issuer and the Borrower
(hereinafter defined) in writing. All payments by the Issuer on this Bond shall apply first to
accrued interest, then to other charges due the Bank, and the balance thereof shall apply to the
principal sum due.
Upon the occurrence of a Determination of Taxability (hereinafter defined), the Interest
Rate on the Bond shall be adjusted to a rate per annum equal to 154% of the rate otherwise borne
hereby (the "Adjusted Interest Rate"), as of and from the date such determination would be
applicable with respect to this Bond (the "Accrual Date") and (i) the Issuer shall, from the
sources hereinafter provided and not otherwise, immediately pay on demand to the registered
owner hereof, or any former registered owner hereof, as may be appropriately allocated, an
amount equal to the sum of (I) the difference between (A) the total interest that would have
accrued on this Bond at the Adjusted Interest Rate from the Accrual Date to the date of the
Determination of Taxability, and (B) the actual interest paid by the Issuer on this Bond from the
Accrual Date to the date of Determination of Taxability, but then only to the extent such owner
or owners include (through amended tax return, agreement with the Internal Revenue Service or
otherwise) such actual interest in such owner's or owners' gross income for federal income tax
purposes, and (2) any loss, cost, charge or expense suffered by such owner and/or former owner
arising out of the Determination of Taxability, including without limitation amounts of interest
and penalties required to be paid as a result of any additional state and federal income taxes by
such owner and former owner arising as a result of such Determination of Taxability; and (ii)
from and after the date of the Determination of Taxability. this Bond shall continue to bear
interest at the Adjusted Interest Rate for the period such determination continues to be applicable
with respect to this Bond. The adjustment provided for in this paragraph shall survive the
2
.
Agenda Item No. 16K10
June 12. 2007
Page 13 of 20
payment of this Bond until the expiration of the statute of limitations under which the interest on
this Bond could be required to be included in the gross income of the registered owner thereof
for federal income taxes purposes.
If the Maximum Corporate Tax Rate (hereinafter defined) decreases from thirty-five
percent (35%), the interest rate otherwise borne by this Bond shall be increased to the product
obtained by multiplying the interest rate otherwise borne by this Bond by a fraction, (i) the
numerator ofwlrich is equal to one (I) minus the Maximum Corporate Tax Rate in effect as of
the date of adjustment, and the denominator of which is .65. The interest rate otherwise borne by
this Bond shall be adjusted automatically as of the effective date of each change in the Maximum
Corporate Tax Rate based upon the foregoing calculations.
As used in this Bond,
(I) "Code" means the Internal Revenue Code of 1986, as amended; and
(2) "Detennination of Taxability" shall mean interest on this Bond is required to
be included in the gross income of the Bank for federal income tax purposes.
(3) "Maximum Corporate Tax Rate" shall mean the highest marginal rate of
United States federal income tax applicable to the taxable income of corporations, without regard
to any increase in tax designed to normalize the rate for all income at the highest marginal tax
rate, which rate on the date hereof is 35%.
The principal of this Bond may be prepaid at the option of the Borrower exercised on
behalf of the Issuer at any time and in whole or in part. The principal of this Bond shall be
prepaid by the Issuer, from amounts prepaid by the Borrower pursuant to the Note and Loan
Agreement hereinafter described, at the times and in the amounts provided for in the hereinafter
described Loan Agreement.
This Bond is issued pursuant to and in full compliance with Part 11 of Chapter 159,
Florida Statutes, and other applicable provisions oflaw (the "Act") and Resolutions Gointly, the
"Resolution") adopted by the Issuer on April 26, 2004 and May 31, 2007. Pursuant to law and
the proceedings under which this Bond is issued, this Bond is payable solely out of revenues and
receipts derived from the Note (hereinafter defined) and a Loan Agreement, dated May 12, 2004
(the "Loan Agreement"), between the Issuer and Community School of Naples, Inc., a Florida
not-for-profit corporation (the "Borrower"), pursuant to wlrich the Issuer has loaned money to the
Borrower to finance capital expenditures with respect to the existing private school facility
owned and operated by the Borrower and to pay a portion of the expenses incurred in connection
with the issuance of the Bond. Pursuant to the Loan Agreement, the Borrower has agreed to
make payments diTectly to the Bank in such amounts and at such times as are required to provide
fOT timely payment of the principal of and interest on this Bond. As evidence of its indebtedness
under the Loan Agreement, the Borrower has executed and delivered to the Issuer its Promissory
Note ("Note"), dated May 12, 2004 and its Mortgage, Assignment of Rents and Security
Agreement dated May 12, 2004 (the "Mortgage and Security Agreement," and together with the
Loan Agreement and the Note, the "Assigned Documents").
3
Agenda Item r~o. 16K 1 0
June 12. 2007
Page 14 of 20
Pursuant to an Assignment of Loan Agreement, Mortgage, Promissory Note and Other
Collateral, the Issuer has assigned the Issuer's rights under the Assigned Documents, including
all its rights, title and interest to receive the Note and the repayments on the Loan (subject to the
reservation of certain rights of the Issuer, including all its rights to notices, payment of certain
expenses and indemnity), to the Bank.
Reference is made to the Loan Agreement, the Bond Purchase Agreement and the
Resolution for a more complete statement of the provisions thereof and of the rights of the Issuer
and the Bank. Terms used herein in capitalized form and not otherwise defined herein have the
meanings ascribed thereto in the aforementioned documents. This Bond is subject to all terms
and conditions of the Loan Agreement, the Bond Purchase Agreement and the Resolution, and by
the purchase and acceptance of this Bond, the registered owner hereof signifies assent to all of
the provisions of the aforementioned documents.
This Bond shall bear interest on any overdue installment of principal and (to the extent
permitted by law) interest at the Default Rate (as defined in the Loan Agreement). As further
described in the Resolution and the Loan Agreement, upon the occurrence of an Event of
Default, the Bank may declare all unpaid principal hereof irnmedi8tely due and payable, and
upon such declaration of acceleration, the principal amount hereof, together with interest to the
date of payment, shall be and become immediately due and payable.
Should the Issuer fail to pay from the sources provided herein the installments of interest
or principal (if applicable) within seven (7) days after the due date provided herein (after the
expiration of any applicable grace period), the Issuer further promises to pay, solely from the
sources provided herein, a late payment charge equal to four percent (4%) of the amount of the
unpaid installmenl as liquidated compensation to the Bank for the extra expense to the Bank to
process and administer the late payment, the Issuer agreeing, by execution hereof, that any other
measure of compensation for a late payment is speculative and impossible to compute. This
provision for late charges shall not be deemed to extend the time for payment OT be a "grace
period" or "cure period" that gives the Issuer a right to cure a Default. Imposition of late charges
is not contingent upon the giving of any notice or lapse of any cure period provided for in the
Bond Docwnents and shall not be deemed a waiver of any right or remedy of the Bank including
without limitation, acceleration of this Bond.
This Bond is transferable by the registered owner, but only in the manner, subject to the
limitations and upon payment of the charges provided in the Resolution, and upon surrender and
cancellation of this Bond. Upon such transfer a new fully registered Bond will be issued to the
transferee in exchange therefor. The Issuer may deem and treat the registered owner hereof as
the absolute owner hereof for the pwpose of receiving payment of or on account of principal and
interest due hereon and for all other purposes, and the Issuer shall not be affected by any notice
to the contrary.
No recourse under or upon any obligation, covenant or agreement contained in the
Resolution or in this Bond, or under any judgment obtained against the Issuer or by tbe
enforcement of any assessment or by any legal or equitable proceeding by virtue of any
constitution or statute or otherwise or under any circumstances, under or independent of
the Resolution, shaU be had against any officer or member, as such, past, present or future,
4
I'
Agenda Item No. 16K10
June 12.2007
Page 15 of 20
of the Issuer, either directly or through the Issuer or otherwise, for the payment for or to
the Issuer or any receiver thereof or for or to the owner of this Bond or otherwise, of any
sum that may be due and unpaid by the Issuer upon this Bond. Any and aU personal
liability of every nature, whether at common law or in equity, or by statute or by
constitution or otherwise, of any such officer or member, as such, to respond by reason of
any act or omission on his part or otherwise for the payment for or to the Issuer or for or to
the owner of this Bond or otherwise, of any sum that may remain due and unpaid upon this
Bond, is hereby expressly waived and released as a condition of and consideration for the
execution and the issuance oftbis Bond.
All of the rights, remedies, powers and privileges (together, "Rights") of the Bank
provided for in this Bond and in any other Bond Document are cwnulative of each other and of
any and all other Rights at law or in equity. The resort to any Right shall not prevent the
concurrent or subsequent employment of any other appropriate Right. No single or partial
exercise of any Right shall exhaust it, or preclude any other or further exercise thereof, and every
Right may be exercised at any time and from time to time. No failure by the Bank to exercise,
nor delay in exercising any Right, including but not limited to the right to accelerate the maturity
of this Note, shall be construed as a waiver of any Default or as a waiver of the Right. Without
limiting the generality of the foregoing provisions, the acceptance by the Bank from time to time
of any payment under this Bond which is pasl due or which is less than the payment in full of all
amounts due and payable at the time of such payment shall not (i) constitute a waiver of or
impair or extinguish the right of the holder hereof to accelerate the maturity of this Bond or to
exercise any other Right at the time or at any subsequent time, OT nullify any prior exercise of
any such Right, or (ii) constitute a waiver of lhe requirement of punctual payment and
performance or a novation in any respect.
If the Bank retains an attorney in connection with any Default to collect, enforce or
defend this Bond or any other Bond Document in any lawsuit, at trial, OT in any appellate,
probate, reorganization, bankruptcy or other proceeding, OT if the Issuer sues the Bank in
connection with this Bond or any other Bond Document and does not prevail, then the Issuer
agrees to pay to the Bank, solely from the sources provided herein, in addition to principal,
interest and any other sums owing to the Bank under the Bond Documents, all reasonable costs
and expenses incurred by the Bank in trying to collect this Bond or in any such suit or
proceeding, including without limitation reasonable attorneys' fees, paralegals' fees and costs.
In no event (including but not limited to prepayment, default, demand for payment, or
acceleration of maturity) shall the interest taken, reserved, contracted for. charged or received
under this Bond or under any of the other Bond Documents or otherwise, exceed the maximum
nonusurious amOlmt pennitted by applicable law (the "Maximum Amount"). If, from any
possible construction of any document, interest would otherwise be payable in excess of the
Maximum Amouot, then ioso facto. such document shall be reformed and the interest payable
reduced to the Maximum Amount, without necessity of execution of any amendment or new
document. If the holder hereof ever receives interest in an amount which apart from this
provision would exceed the Maximum Amount, the excess shall, without penalty, be refunded to
the Issuer, or at the option of the Issuer, be applied to the unpaid principal of this Bond in order
of maturity of installments and not to the payment of interest. The Bank does not intend to
charge or receive unearned interest on acceleration. All interest paid or agreed to be paid to the
5
Aaenda Item Ho. 16K1 0
- June 12, 2007
Page ~! 6 of 20
holder hereof shall be spread throughout the full term (including any renewal or extension) of the
debt so that the amount of interest does not exceed the Maximum AmOWlt.
At the request of the Issuer or the Bank, any controversy or claim between the Issuer and
the Bank, whether arising in contract, tort or by statute, and arising out of or relating to this Bond
OT any of the Bond Documents (a "Claim") shall be resolved by binding arbitration in accoTdance
with the Federal Arbitration Act (Title 9, U. S. Code) (the "Arbitration Act").
Arbitration proceedings will be determined in accordance with the Arbitration Act, the
rules and procedures for the arbitration of financial services disputes of J.A.M.S./Endispute or
any successor thereof ("J.A.M.S."), and the terms of this Bond. In the event of any
inconsistency, the tenns of this Bond shall control.
The arbitration shall be administered by J .A.M's. and conducted in the City of Naples,
Florida. All Claims shall be determined by one arbitrator; however, if Claims exceed
$5,000,000, upon the request of any party, the Claims shall be decided by three arbitrators. All
arbitration hearings shall commence within 90 days of the demand for arbitration and close
within 90 days of commencement and the award of the arbitrator(s) shall be issued within 30
days of the close of the hearing. However, the arbitrator(s), upon a showing of good cause, may
extend the commencement of the hearing for up to an additional 60 days. The arbitrator(s) shall
provide a concise written statement of reasons for the award. The arbitration award may be
submitted to any court having jurisdiction to be confirmed and enforced.
The arbitrator(s) will have the authority to decide whether any Claim is barred by the
statute of limitations and, if so, to dismiss the arbitration on that basis. For purposes of the
application of the statute oflimitations, the service on J.A.M.S. Wlder applicable J.A.M.S. rules
of a notice of Claim is the equivalent of the filing of a lawsuit. Any dispute concerning this
arbitration provision or whether a Claim is arbitrable shall be determined by the arbitrator(s).
The arbitrator(s) shall have the power to award legal fees pursuant to the terms of this Bond.
This paragraph does not limit the right of the Issuer or the Bank to: (i) exercise self-help
remedies, such as but not limited to, setoff; (ii) initiate judicial or nonjudicial foreclosure against
any real or personal property collateral; (iii) exercise any judicial OT power of sale rights, or (iv)
act in a court of law to obtain an interim remedy, such as but not limited to, injunctive relief, writ
of possession or appointment of a receiver, or additional or supplementary remedies.
By agreeing to binding arbitration, the parties irrevocably and voluntarily waive any right
they may have to a trial by jury in respect of any Claim. Furthermore, without intending in any
way to limit the agreement herein to arbitrate, to the extent any Claim is not arbitrated, the
parties irrevocably and voluntarily waive any right they may have to a trial by jury in respect of
such Claim.
THIS BOND SHALL NEVER CONSTITUTE AN INDEBTEDNESS OF THE ISSUER
WITHIN THE MEANING OF ANY STATE CONSTITUTIONAL PROVISION OR
STATUTORY LIMITATION AND SHALL NEVER CONSTITUTE NOR GIVE RISE TO A
6
.
Agenda Item No. 16K10
June 12, 2007
Page 17 of 20
PECUNIARY LIABILITY OF THE ISSUER OR A CHARGE AGAINST ITS GENERAL
CREDIT. THE FULL FAITH AND CREDIT OF THE ISSUER ARE NOT PLEDGED TO THE
PAYMENT OF THE PRINCIPAL OF OR INTEREST ON THIS BOND. THE OWNER OF
THIS BOND SHALL NOT HAVE THE RIGHT TO COMPEL ANY EXERCISE OF THE AD
VALOREM TAXING POWER OF THE STATE OF FLORIDA OR OF ANY POLITICAL
SUBDIVISION OF SAID STATE TO PAY THIS BOND OR mE INTEREST THEREON.
THIS BOND IS NOT A DEBT OF THE STATE OF FLORIDA OR OF ANY POLITICAL
SUBDIVISION OF SUCH STATE OTHER THAN THE ISSUER, LIMITED AS AFORESAID,
AND NEITHER SAID STATE NOR ANY SUCH POLITICAL SUBDIVISION THEREOF
OTHER THAN THE ISSUER, LIMITED AS AFORESAID, SHALL BE LIABLE HEREON.
THIS BOND AND ALL PAYMENTS TO BE MADE BY THE ISSUER HEREUNDER OF
ANY NATURE WHATSOEVER ARE PAYABLE SOLELY FROM THE SOURCES
PROVIDED THEREFOR IN THE HEREINAFTER DESCRIBED RESOLUTION (I.E.,
PAYMENTS MADE BY THE BORROWER OR DERIVED FROM THE EXERCISE OF
REMEDIAL RIGHTS AGAINST THE BORROWER AND THE SECURITY PROVIDED
FOR THIS BOND AND NOT ANY OTHER FUNDS OF THE ISSUER).
IT IS HEREBY CERTIFIED, RECITED AND DECLARED by the Issuer that all acts,
conditions and things required to exist, to happen and to be performed precedent to and in the
issuance of this Bond do exist, have happened and have been performed in due time, form and
manner and by the appropriate parties as required by law.
IN WITNESS WHEREOF, the Issuer has caused this Bond to be signed in its name and
on its behalf by its Chairman as of June _,2007.
COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY
By:
Chairman
7
Agenda Item No. 16K1 0
.June 12. 2007
Page 18 of20
EXHIBIT B
FORM OF FIRST AMENDMENT TO BOND PURCHASE AGREEMENT
Aaenda Item No. 16K10
- June 12,2007
Page 19 of 20
FIRST AMENDMENT TO BOND PURCHASE AGREEMENT
The undersigned, Bank of America. N.A. (the "Bank"), Collier County Industrial Development
Authority (the "Issuer") and Community School of Naples, Inc. (the "Borrower") hereby enter into this
First Amendment to Bond Purchase Agreement (theis "Amendment"), dated June _, 2007, relating to the
Bond Purchase Agreement (the "Original Agreement"), dated May 12,2004, between the parties.
Section I. Section 7.4 of the Original Agreement is amended to provide:
Section 7.4 Camoailm Account. The Borrower agrees to establish and maintain an account (the
"Campaign Account") at the Bank for the sole purpose of this section. The Campaign Account shall be
subj ect to the Bank Pledge Agreement. The Borrower shall deposit all proceeds of Campaign Pledges into
the Campaign Account promptly upon receipt. The Borrower may not withdraw funds from the Campaign
Account Amounts in the Campaign Account shall be applied monthly, on the 12th day of each month, to
(i) pay the accrued interest on the Note, and thus on the Bonds. and then to (ii) prepay the principal of the
Note and thus of the Bonds, and then to (iii) any of the other obligations of the Borrower under this Bond
Purchase Agreement. Amounts in the Campaign Account shall be invested at the direction of the
Borrower in investments pennitted pursuant to Section 7.1 (d) hereof and investment earnings and losses
shall be credited or debited to the Borrower. The Borrower hereby assigns to and grants the Bank a
security interest in the Campaign Account to secure the Borrower's obligations hereunder. The Bank may,
and the Borrower hereby authorizes the Bank to, withdraw from the Campaign Account to pay itself such
amounts as are needed to satisfy the Borrower's obligations on the Bonds, the Note or to the Bank
hereunder or under the Related Documents.
Section 2. The Borrower agrees to pay the fee of counsel to the Issuer in the amount of
$ , the fee of the Issuer in the amount of $ , the fee of the Bank in the
amount of $5.527.44 and the fee of counsel to the Bank in the amount of $ upon the
execution hereof.
Section 3. This Amendment may be executed in several counterparts, each of which shall be an
original and all of which shall constitute but one and the same instrument This Amendment shall be
governed by and construed in accordance with the laws of the State of Florida.
BANK OF AMERICA, N.A.
By:
Its Senior Vice. President
COMMUNITY SCHOOL OF NAPLES, INe.
By;
Its President
COLLIER COUNTY INDUSTRIAL
DEVELOPMENT AUTHORITY
By:
Its Chairman
EXHIBIT C TO AUTHORITY
RESOLUTION
Agenda Item r\]o, 16K1 0
June 12, 2007
Page 20 of 20
DONALD A. PICKWORTH, P.A.
ATTORNEY AT LAW
SUITE 502 NEWOATE TOWER
5150 NORTH TAMIAMI TRAIl.
NAPLBS, FLORIDA 34103
e. mail pickla:w@earthlinILnel
(239) 263.8060
FAX (239) 598.1161
May 31,2007
David C. Weigel, Esquire
Collier County Attorney
Collier County Courthouse/Bldg F
Naples, FL 34112
Re: June \2, 2007 Agenda
Dear David:
I am enclosing the following documents for inclusion in the June 12,2007 agenda:
1. Executive Summary relating to approval of Industrial Development Authority
Bonds for educational facilities.
2. Resolution to be adopted by the Board of County Commissioners at the Board
meeting of June \2, 2007 approving the Bonds.
3. Exhibit to BCC Resolution consisting of the Inducement Resolution adopted by
the Authority at its meeting on May 31, and including as exhibits to the
Inducement Resolution, the Affidavit of Publication for the required TEFRA
hearing conducted by the Authority, the form of the New Bond. as described in
the Authority Resolution, and the amendments to the Bond Purchase Agreement.
Since we have been placing these items on the Consent Agenda recently, I would
Tequest that this also be on Consent. Thank you for your assistance in this, and if you have
any questions or need further information, please contact me.
Very truly yours,
I!ht
Donald A. Pickworth
Enclosures
Agenda Item No. 17A
June 12, 2007
Page 1 of 160
EXECUTIVE SUMMARY
PUDA-2006-AR-10916 Grand Inn of Naples, Inc., represented by Michael R. Fernandez,
AICP, of Planning Development Inc., requesting a rezone from Planned Unit Development
(PUD) to Mixed Use Planned Unit Development (MPUD) for the Pine Ridge Mixed Use
Center PUD to add 24,000 square feet of commercial use, add General Office as a
permitted use, eliminate Restaurant as a permitted use, and to modify the development
standards. The subject property, consisting of 4.02010 acres is located at 1100 Pine Ridge
Road (CR-896), in Section IS, Township 49, Range 25, Collier County, Florida.
OBJECTIVE:
To have the Board of County Commissioners (BCC) consider an application to amend Pine
Ridge Mixed Use Center PUD by adding 24,000 square feet of commercial use, add General
Office as a permitted use, eliminate Restaurant as a permitted use, and to change the
development standards in order to ensure that the project is in harmony with all the applicable
codes and regulations in order to ensure that the community's interests are maintained.
CONSIDERATIONS:
The petitioner wishes to eliminate "Restaurant" as a permitted use and allow an additional
24,000 square feet of commercial use for a total maximum of 34,000 square feet of commercial
floor area. The commercial area is proposed to be limited to "General Office" use as allowed in
the C-I through C-4 commercial zoning district of the Land Development Code (LDC) and those
uses which do not require parking in exccss of the parking requirement for "Office" of the LDC,
or I parking space per 300 square feet of commercial floor area. The project's existing access
points from Pine Ridge Road (CR-896) and Castello Drive, as well as the road interconnection
between this project and the commercial property to the east are not proposed to change as part
of this petition.
This petition also proposes to modify the currently approved minimum east side yard setback
requirement for primary structures, from a minimum of 25 feet for buildings up to 25 feet in
height, 50 feet for buildings up to 35 feet in height, and 75 feet for buildings up to 45 feet in
height, to a minimum of IS feet for principal office structures OT half of the building height,
whichever is greater. The proposed change is consistent with Section 4.02.01., Table 2 of the
LDC that requires a IS-foot side yard setback for projects within the C-I or C-2 zoning district,
and a IS-foot side yard setback or half the sum of the building height for buildings with a C-3 or
C-4 zoning designation. Other changes proposed as part of this petition include the elimination
of redundant citations from the MPUD document that are currently provided in the LDC
Page I of4
Agenda Item No. 17A
June 12, 2007
Page 2 of 160
FISCAL IMPACT:
The 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 lcvel of development,
however, if the amendment is approved, a portion of the land could be developed.
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 fces 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.
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 PLAN IMPACT:
The suhject property is designated Urban - Commercial District, Mixed Use Activity Center
Subdistrict (#12), as identified on the Future Land Use Map of the Growth Management Plan
(GMP). The Mixed Use Activity Center Sub-district pennits a full array of commercial uses
(CI-C5), residential uses, institutional uscs, and hotel/motel uses at a density consistent with the
LDC. Residential density is calculatcd based upon the gross project acreage within the Activity
Center and a density of up to 16 residential units per gross acre is allowed. Mixed use
developments, whether consisting of residential units located above commercial uses, in an
attached building, or in a freestanding building, are allowed. Additionally, the subject property is
consistent with Policy 7.5, which states that the County shall encourage mixed-use development
within the same buildings by allowing residential dwelling units over and/or adjacent to
commercial development, as allowed within specific subdistricts.
The site is presently developed with a vacant restaurant and a hotel under conveTsion to a
residential condominium. The site's small size and limited area of redevelopment to replace the
restaurant with an office building does not allow for a blend of densities or housing prices
(further, the residential use is already approved and under redevelopment), nor addition of civic
facilities or any significant change in open space. However, the site will continue to have
pedestrian access to some adjacent lands.
Based upon the above analysis, staff concludes the proposed PUD amendment may be deemed
consistent with the Future Land Use Element of the GMP.
Page2of4
Agenda Item No. 17 A
June 12, 2007
Page 3 of 160
AFFORDABLE HOUSING IMPACT:
No "Affordable Housing Density Bonuses" were requested for the Mixed-Use Planned Unit
Development rezoning amendment petition, and the applicant has not offered to contribute to the
Collier County Affordable Housing Trust Fund.
ENVIRONMENT AL ISSUES:
Environmental Services staff has reviewed the petition and the MPUD Document to address any
environmental concerns and recommends approval subject to the environmental commitments
contained in the MPUD Document. Preserve and mitigation requiTements were addressed with
the approval ofSDP 97-147.
COLLIER COUNTY PLANNING COMMISSION (CCPCl RECOMMENDATION:
The CCPC heard petition PUDA-2006-AR-I0916 on May 3, 2007 and by a vote of 8 to 0
recommended to forward this petition to the Board of County Commissioners (BCC) with a
recommendation of approval subject to thc following conditions:
1) Revise Section 3.3C. 1. of the MPUD Document to list the maximum building height
in feet in conjunction with the number of stories provided in the building height
standards.
2) Revise section 3.3G. ofthc MPUD documcnt to referencc the "actual building
height" of 50-feet lor the proposed 3-story office building.
Because the CCPC approval recommendation was unanimous and no letters of objection have
been received, this petition has been placed on the Summary Agenda.
LEGAL CONSIDERATIONS:
Staff completed a comprehensive evaluation of this land use petition and the criteria on which a
determination by the BCC must be based. The legal considerations are reflected in the CCPC
evaluation of the listed criteria in Chapters 10.03.05 and 10.02.13.8.5 of the LDC. These
cvaluations are completed as separate documents that have been incorporated into the attached
staffreport A summary of the legal considerations and findings are noted below:
. The proposed change has been deemed consistent with the goals, objectives, and policies
of the Future Land Use Map and the applicable elements of the GMP.
. The proposed land uscs are compatible with the existing land use pattern.
. The proposed change will not create or excessively increase traffic congestion or create
types of traffic deemed incompatible with surrounding land uses, because of peak
volumes or projected types of vchicular traffic, including activity during construction
phases of the development, or otherwise affect public safety. This project has also been
deemed consistent with Policies 5.1 and 5.2 of the Traffic Element of the GMP.
. The timing or sequence of development for the purpose of assuring the adequacy of
available improvements and facilities, both public and private, shall be provided.
Page 3 of4
Aaenda Item No. 17 A
~ June 12, 2007
Page 4 of 160
RECOMMENDA TION:
Staff recommends that the Board of County Commissioners (BCC) approve Petition PUDA-
2006-AR-I0916, subject to the recommendation of the CCPC, which have been incorporated
into the attached MPUD document.
PREPARED BY:
Michael J. DeRuntz, C.P.M., Principal Planner
Department of Zoning & Land Development Review
Page 4 of4
Item Number:
Item Summary:
Meeting Date:
Page 1 of 1
Acend31iem No. 17A
. June 12. 2007
F'Clge 5 olIGO
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
17"
-'hiS IIHil reqUlr05 thai all pa~.IC!Danl~ bE~ sworn :'1 and ex p8r,e eJlsciOS;Jre tw provided by
C,(lmmISSio'l mc-moers F'UD;'-2J06.A;;':10~!16. PINE R:D:C;E MiXEC-USE CnnER r,.1pUD
!lil:c'lae: R Fern<<:."J"," r<:pre5E'nLlns tho C';d'dnd irln of r-J,,"'ies, ifL re-_luestlnq k h,we !fie
Collie' County Pi;mrulQ Comm'SSlon :CCF'Cl 80nSlcif'f im appi:catlol to reznrlE' Hw sublect
,.lle irorrl L'1<1 P;3nrIP~ Unll DfJVelnpment. :'PUD:IZDnl!l~ dl~ml:t te, tile \l1lxed US"" Planrl'O[! UnL!
~'O',E'i()prno'-,' :,\1F'IJDi zO'-ling district io' a ;YQ!ect to be 1';110WI', i-JS P'I,e R!jg'O Mixec USEe
~:(rltu ,-,,!F',J[,' n,E' a;mlndlllel~1 In trle approved MPI~[1 [:hxuri01ll p'ap()se~ te. [l(1(~ ::.0:000
,,(ware (ee:af conrllerci31 use, add General Otilce as '" pWlll:Ttpj u02, eillTllflEllP l~eslaul';:Jnt
,;S 3 [)prrTlltlOd '.~se, ilnd IIlCiud€ rpvtSlor.s to the devc"oprTWr.1 stimo,,'d"
r;i12120Q790C.OOAM
PrincipaiPlanner
Date
Prepared By
M'chaelJ,OeRlmtz
Community Development &
Env,ronment3lServlces
z.onlng & Land Development ReView
4124120075::OU:35PM
rJorm E. Feder, AICP
Transf-JortationDivis'onAdmlllistrator
Date
Approved By
Tr~nsportntion Services
Transportation Services Admin
511\120071,4,PM
Ray Bellows
Chief Planner
Dnte
Approved By
Community Development &
Elwironment<,IServices
ZOlling & L~nd Development ReView
5115{20079:,14AM
Marlel1eStewarl
ExecutiveSecrel,lry
D~te
Approved By
Community Develop01ent&
EnvlrorlmentllISE!rvice-s
COO101lJn<ty Development &
Environrn(!nt~1 ScrvlcesAdmin
5118lZ0074:;3PM
Operations Anaiyst
Date
Approved By
JudyPu;g
Cornmunity Development &
Env'ronmentaIService&
Community DevE!lopment&
Env;ronrmmtaIServicesAdmin.
5/21120071<:24PM
Approved By
Dilte
MarJone M. Studcnt-Sl,rling ASSlslant C,,,mly Attorney
5!23120071:10PM
Approved By
County Attortley Count,'fIItorncyOffice
SU5M) Murrny. i\,tCP
Community [l"velopment &
EnvlronmemalServi<::es
Zonmq & L;md Development O"{'ctor
U<lt0.
Apl)roved By
Zonmq& Land Developmenl Rl)viow
5/23!20074,JBPM
Joseph K, Schmitt
Community Developmonl &
EnvironmentalService5
COlnllll.lOlty Development &
Envlromnentill Services Admillstrator
Date
Community Development &
Environmental Services {ld0100
5125120071.,S5AM
Approved By
OMBCoordlllator
[lale
OMS Coordlll<llor
C"ullty Mnnager.s{)flice
Office of Man<lgemenl & Bm1qet
5125/2007353 PM
Marlo. Isackson
Budget Analyst
Dnle
Approved By
County Mmln~W"'s Office
Offlct, of Managernenl & BlIdqet
61412007 5::'4 PM
Approved By
JnmesV_ Mudd
Boal'dofCollrlty
Comn1.5sioners
County Manager
Dale
COllnty Manager'''' Qffice
614i200771t1PM
tikI IC:\AgendaTest\Export\84-June%20 12,%202007\ 17 _%20SUMMARYO/020AGENDA \ 17 ._. 6/6/2007
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AG ET-IJB~dITmiJr k!,'C, 17 A
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Page 6 of 160
eo1N:r County
Io.._~ ~lI. ~
STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
FROM:
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
HEARING DATE: APRIL 29, 2007
SUBJECT:
PETITION PUDA-2006-AR-10916: PINE RIDGE MIXED-USE CENTER MPUD
APPLICANT:
AGENT:
Grand hm of Naples, Inc.
1100 Pine Ridge Road
Naples, FL 34108
Michael R. Femandez, AICP
Plalming Development Inc.
5133 Castello Drive, Suite 2
Naples, FL 34103
REOUESTED ACTION:
To have the Collier County Planning Commission (CCPC) consider an application to rezone the subject
site from the Plmmed Unit Development (PUD) zoning district to the Mixed Use Planned Unit
Development (MPUD) zoning district for a project to be known as Pine Ridge Mixed Use Center
MPUD. The amendment to the approved MPUD Document proposes to add 24,000 square fect of
commercial use, add "Gcncral Office" as a permitted use, eliminate "Restaurant" as a permitted use, and
incl ude revisions to the development standards.
GEOGRAPHIC LOCATION:
The subject property, consisting of 4.02:1: acres, is located on the south side of Pine Ridge Road (C.R.
896), approximately 600 feet east of '['amiami Trail (US-41). It is further described as being located at
1100 Pine Ridge Road, in Section 15, Township 49, Range 25, Collier County, Florida. (See location
map on the following page).
PINE RIDGE MIXED.USE CENTER MPUD, PUDA,2006,AR,10916
Page 1 of 10
.
Agenda Item No. 17A
June 12, 2007
Page 7 of 160
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PINE RIDGE MIXED.USE CENTER MPUD, PUDA.2006,AR.10916
Page 2 of 10
Aaenda Item No. 17 A
~ June 12. 2007
Page 8 of 160
rURPOSEIDESCRIPTlON OF PRO,TECT:
The zoning district of the subject site was first approved as the Pine Ridge Medical Center PUD by
Ordinance 95-52 that allowed development of a maximum of 40,000 square feet of retail use and 20,000
square feet of general office use, or 60,000 square feet of medical office, or a 105 room hotel and
associated restaurant. The site was subsequently developed with a 105 room hotel and an 8,000 squarc
foot restaurant. The Pine Ridge Medical Center PUD was thcn amended by Ordinance 06-06 and is
presently known as tile Pine Ridge Mixed-Usc Center PUD, The existing PUD allowed for the
conversion of the hotel use to a 56 residential unit building (SDPA-2006-AR-10304) which equated tol4
units per acre and 10,000 square feet of commercial use, The conversion of the former hotel to
residential units is currently under consttuction.
The proposed MPUD amcndment, if approved, will eliminate "restaurant" as a permitted use and allow
an additional 24,000 square feet of commercial use for a total maximum of 34,000 square fect of
commercial floor area. The commel'Gial area is proposed to be limited to "gcneral office" use as allowed
in the C-I through C-4 commercial zoning distt'ict of the Land Development Codc (LDC) and those uses
which do not require parking in excess of the parking requirement for "office" of the LDC, or I parking
space pel' 300 square feet of commercial floor area. The project's existing access points from Pine Ridgc
Road (C.R. 896) and Castello Drive, as well as the road intcrcOlmection bctween this project and the
propcrty to thc cast, are not being proposed to changc as part of this petition.
The amendment also proposcs to modify the present minimum east sidc yard setback requirement for
primary structures, from a minimum of 25 feet for buildings up to 25 feet in heigbt, 50 feet for buildings
up to 35 feet in height, and 75 feet for buildings up to 45 fcct in hcight, to a minimum of 15 feet for
principal structmes or half of the building height, whichcvcr is greater, The proposed change is
consistent with Section 4.02.01., Table 2 of the LDC that requires a 15-foot side yard sctback for
projects within the C-I or C-2 zoning district, and a 15-foot side yard sctbaek or half the sum of the
building height for buildings with a C-3 or C-4 zoning designation. Othcr changes proposed as part of
this amendment inelude rcdncing redundancy by eliminating LDC requirement citations in the PUJ)
Document.
The minimum open space requirement, preserve/mitigation requirement and water management location
on the Master Plan are not being proposed to change as part of this amendment. No additional residential
units are being sought as part of this petition.
SURROUNDING LAND USE AND ZONING:
North: Existing church and Residcntial use, zoned RSF-I.
East: Commercial uses, zoned PUD (Goodlctte Corners CPUD).
South: Residential use, zoned RSF-4.
West: Commercial use, zoned C-4.
PINE RIDGE MIXED,USE CENTER MPUD, PUDA,2006.AR.10916
Page 3 of 10
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Agenda Item No. 17A
June 12, 2007
Page 9 of 160
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AERIAL PHOTO
PINE RIDGE MIXED,USE CENTER MPUD, PUDA.2006,AR.10916
Page 4 of 10
Aaenda Item No. 17 A
~ June 12, 2007
Page 10 of 160
GROWTH MANAGEMENT PLAN CONSISTENCY:
Future Laud Use Element: The subject property is designated Urban - Commercial District, Mixcd
Use Activity Center Subdistrict (1112), as identified on the Future Land Use Map of the Growth
Management Plan (GMP).
The Mixed Use Activity Center Sub-district permits a full array of commercial uses (CI-C5), rcsidential
uses, institutional uses, and hotel/motel uses at a density consistent with the LOC. Residential density is
calculated bascd upon thc gross project acreage within the Activity Center and a density of up to I G
residential units per gross acre is allowed. Mixed use developments, whether consisting of residential
units located above commercial uses, in an attached building, or in a freestanding building, are allowed.
Additionally, the subject propelty supports Policy 7.5, which states that the County shall encourage
mixed~use development within the same buildings by allowing residential dwelling units over and/or
adjacent to commercial development, as allowed within specific subdistricts,
The factors to consider during review of a rezone petition within the Mixed Use Activity Center Sub-
district are as follows:
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
withont violating intersection spacing requirements of the Land Development Code.
The site has direct access to Pine Ridge Road, an atterial roadway,
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.
The subject site is already developed. Given its small size (:t4 acres), the proposed redevelopment of the
restaurant with offices will not accommodate a traditional loop road.
Policy 7.3: All new and existing developments shall be encouraged to connect their local streets
and their interconuection points with adjoining neighborhoods or other' developments regardless
ofland use type.
The Boundary Survey and PUO Master Plan do show that thc current development provides some
pedestrian and bicycle access to the adjacent western, eastern, and southern existing atld future projects
through existing sidewalks. The site also has vehicular access to Castello Drive to the south. Street,
pedestrian pathway, and bike lane interconnections with adjacent properties, where possible and
practicable, are encouraged within the Mixed Use Activity Center Subdistrict. The intent is for mix cd-
use projects to he developed at a human scale, pedestrian-oriented, and intercOlmected with adjacent
projects. Although the subject property is already developed, the adjacent property to the east is not;
however, the Master Plan shows an allowance for a potential strect in(ercOlmection between the two.
Policy 7.4: The County shall encourage new developments to provide walkable communities with a
blend of densities, common open spaces, civie facilities and a range of housing prices and types.
The site is presently developed with a vacant restaurant and a hotel under conversion to a residential
PIN~ RIDG~ MIX~D,USE C~NTER MPUO, PUDA.2006.AR-10916
Page 5 of 10
.
Aaenda Item No. 17 A
~ June 12, 2007
Page 11 of 160
condominium. The site's small size and limited arca of rcdcvelopment to replace the restaurant with an
office building does not allow for a blend of densili~s or housing pric~s (further, the residential use is
already approved and under redevelopment), nor addition of civic facilities or any significant change in
open space. However, the site will continuc to have pcdestrian access to some adjac~nt lands.
Policy 7.5: The County shall encourage mixed-use development within the same buildings by
allowing residential dwelling units over and/or ad.iacent to commercial development. The policy
shall be implemented thl'ough provisions in speeific sub-districts,
As noted in the GMP Compliance Narrative Document, the project is a mixed-use development as
encouraged by Policy 7.5 of the Fnture Land Use Element.
GMP Conclusion: Based upon the above analysis, staff concludes the proposed PUD amendment may
be deemed consistent with the Future Land Use E1~ment of the GMP,
Transportation Element: TranspOltation staff has reviewed this petition's traffic study and the PUD
Document to ensure the PUD Document contains the appropriate language to address this project's
potential traffic impacts, and to offer a recommendation regarding GMP Transportation Element,
Policies 5.1 and 5.2. Those policies requir~ the review of all rezone requests with consideration of its
impact 011 the overall transportation system, and specifically notes that the County should not approve
any rcquest that significantly impacts a roadway segment already operating and/or projected to operate
at an unacceptable Level of Service (LOS) within the five-year planning period unless specific
mitigating stipulations are approved. Traffic analyses to determine significant project impact use the
following criteria to dcterminc the study area:
a. On links (roadway segm~nts) directly acccssed by the project where project traffic is equal to or
exceeds 3 percent ofthc adoptcd LOS standard service volumc;
b. For links adjacent to links directly accesscd by the project where project traffic is equal to or exceeds
3 pereent of the adopted LOS standard service volume;
c, For all other links the project traffic is considered to be significant up to the point whcrc it is equal to
or exceeds 5 pcrcent of the adopted LOS standard service volume.
"Project traffic that is less than 1 percent of the adopted peak hour service volume represents a de
minimis impact."
The Trip Generation Report that has been submitted reflects an ovcrall reduction in traffic impact. The
proposed amendment to limit commercial uses to "general office" projects a reduction of 20 peak hour
trips and 220 trips on a daily basis. Therefore, tlllS petition is consistent with Policies 5,1 and 5.2.
Conservation and Coastal Management Element: The project was found to be consistcncy with the
CCME portion of the GMP as part of the PUD amendment process that allows the cunent PUD.
Safeguards are incorporated within the PUD Documcnt to ensure compliance with the environmental
regulations. The Environmcntal Section (4.4), of the Pine Ridge Mixed-Us~ Center MPUD Document
provides a commitment that the most current environmental regulations will control all development
within the PUD, No changes are proposed as part of the amendment petition.
PINE RIDGE MIXED.USE CENTER MPUD, PUDA.2006,AR,10916
Page 6 of 10
Agenda Item No. 17 A
June 12. 2007
Page 12 of 160
GMP Conclusion: The GMP 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 01' inconsistency with the overall GMP as part of the recommendation fOT approval, approval
with conditions, or denial of any rezoning petition. The Future Land Use Element designation is a
pOltion of the overall finding that is required. The proposed uses are consistent with the property's
future land use designation as indicated previously in the GMP discussion. The proposed rezone is also
consistent with the Policies contained in the Transportation Element and in the Conservation and Coastal
Management Element of the GMP.
Based upon the above analysis, staff concludes the proposed uses and density may be deemed consistent
with the goals, objective and policies of the overall GMP.
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
1O.02.13.B.5 of the LDC and required staff evaluation and comment. The statfevaluation establishes a
factual basis to support the recommendations of staff. The Collier County Planning Commission
(CepC) uses these same criteria as the basis for their recommendation to the Board of County
Commissioners (BCC), who in turn, use the criteria to support their action on the rezoning request.
These evaluations are completed as separate documents and are attached to the staff report (See Exhibit
"A" and Exhibit "B").
Transportation Review: Transportation Department staff has reviewed the petition and the MPUD
Document that accompanies the request and recommends approval subject to the Transportation
commitments contained in the MPUD Document. Access management was addressed with the "Grand
Inn" review on this site (AR-I0304). There are no modifications anticipated at this time to be required
to the conceptual access management for this sileo A review of operational conditions will be reviewed
upon application for a subsequent Dcvclopment Ordcr or DO amendment. Turn lane requirements werc
addressed with the "Grand Inn" review on this site (AR-I0304). There are no modifications anticipated
at this time to be required to the turn lanes for this site. A review of operational conditions will be
reviewed upon application for a subsequent Development Order or DO amendment.
Environmental Analysis: Environmental Services staff has reviewed the petition and the MPUD
Document to address any environmental coneems and recommends approval subject to the
environmental commitments contained in the MPUD Document. Preserve and mitigation requirements
were addressed with the approval of SDP 97-147.
Utility Review: The Utilities Depaltment staff has reviewed the petition, noting that this MPUD is
served by the City of Naples for potable water and wastewater collection services, and as such, sUQject
to submission of a "Statement of Availability Capacity" from the City of Naples to the Collier County
Engineering Services Depmtment.
Zoning Review: Zoning staff has reviewed this petition and believes the proposed additional square
footage and limitation to office uses are consistent with the GMP as indicated previously in the GMP
discussion. The GMP, through Policy 5.4, also requires proposed development to be compatible with
PINE RIDGE MIXED.USE CENTER MPUD, PUDA-2006,AR'10916
Page 7 of 10
r
Agenda Item No. 17 A
June 12, 2007
Page 13 of 160
and complementary to the surrounding land uses. Development standards, such as building heights,
setbacks, landscape buffers, potential building mass, building location, oTientation, and the amount and
type of open space and location of that open space are considerations of compatibility as well.
As illustrated in the aerial photograph, the surrounding zoning discussion of this staff report, and the
Master Plan, north of this site, across Pine Ridge Road, are single-family residential uses and a church
within a residential zoning designation. East of the site there are existing commercial uses that are pmt
of the Goodlette Comers PUD that allows for an alTay of commercial uses, including restaurants, with
development standards that include a maximum building height of 45 feet, the same proposed side
setback as the subject project: 15 feet or half the sum ofth~ building height, and a rear yard s~tback next
to residential structures of 35 feet. To the south, there are single-family uses within a RSF-4 zoning
designation. To the west, the land is developed with commercial, consistent with the C-4 zoning
designation that allows a maximum building height of75 feet.
The proposed amendment is compatible with the surrounding land use pattern. The internal design of the
proposed master plan, access points, and project buffers are consistent with the LDC. The maximum
propos~d height for the office building is 3 stories with a maximum of 35 feet in height as shown in the
MPUD Document and Master Plan. The proposed revision to the east side yard setback is consistent
with the commercial dcvclopment to thc cast. The rear yard setback, adjacent to the residential zoning
district, is 50 feet, and is not being proposed to be modified. As part of the approval of SOP AR-I 0304,
a 6-foot tall concrete wall has been required to be installed along the south of the project propelty,
adjacent to the single-family houses. The wall is to be landscaped along the south side of the wall.
No deviations from the LDC are been sought as part of this petition.
NEIGHBORHOOD INFORMATION MEETING (NIM):
The agent for the applicant held the required meeting on February 12,2006 at 5:30 p.m. at CrossRoads
Community Church, located at 1055 Pine Ridge Road. Five persons other than the applieant's team and
county staff attended. The majority of those pr~sent identified themselves as property owners that reside
in the RSF-4 zoning district area south of the subject site. Of those wbo spoke, no one stated opposition
to the proposed rezone and development. Several people asked questions and had comments. Th~
applicant's team answered on behalf ofthe developer the following:
. Office building is proposed to be two stories over parking, with a maximum height of 3 5 feet and
34,000 square fect of floor area.
. Any additional parking lot lighting will be bollaI'd type fixturcs.
. Traffic generation from the offiee use will be less than existing restaurant use.
. Intcrconnection to the east is proposed to remain, and no interconnection to the west is proposed
at this time.
. Interior landscape island radius, as well as the height of the proposed porte-cochere of the office
building will meet LDC requirements to allow for fire truck circulation.
ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION:
The EAC did not review this petition beeausc thc site is under thc size threshold (10 acres) to require
and Environmental Impact Statement.
PINE RIDGE MIXED,USE CENTER MPUD. PUDA.2006-AR.l0916
Page 8 of 10
Agenda Item No. 17A
June 12, 2007
Page 14 of 160
STAFF RECOMMENDA nON:
Zoning and Land Development Review Services staff recommends that the Collier County Planning
Commission forward Petition PUDA-2006-AR-109l6 to the Board of County Commissioners with a
recommendation of approval.
PINE RIDGE MIXED.USE CENTER MPUD. PUDA.2006.AR,10916
Page 9 of 10
Agenda liem No. 17 A
June 12.2007
Page 15 of 160
PREPARED BY:
~.3.o7
ROL A VALERA, PRINCIPAL PLANNER DATE
EPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
REVIEWED BY:
)JJ~L'"'-' 7pl.~/~-~t~
MARJORl M. STUDENT-STIRLING 0
ASSISTANT COUNTY ATTORNEY
1
,
-, .
. ~.~ I.v~ .
RAY ND V. BELLOWS, MANAGER
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
1--)-01-
DATE
!f -3 - 0 7
DATE
J~ Lfn. /$f~v
~USAN M. ISTENES, AICP, DIRECTOR
. DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
-1- b - () 7
DATE
APPROVED BY:
/ /~~ #7
.I S PH K. SCHIV(ITf ADMINISTRATOR DATE
o MUNlTY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
COLLIER COUNTY PLANNING COMMISSION:
Iv' ~.IJ~~~
MARK P. S ,RAIN, CHAIRMAN
s;- >-:-_ 07
DATE
Exhibits:
A. Rezone Findings
B. PUD Findings
PINE RIDGE MIXED-USE CENTER MPUD. PUDA-2006-AR-10916
Page 10 of 10
.I\genda Item No. 17 A
June 12. 2007
Page 16 of 160
REZONE FINDINGS
PETITION PUDA-2006-AR-I0916
Chaptcr 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 Plmming 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
oCthe Future Land Use Map and the clements oCthe Growth Management Plan.
Pro: The subject site is located within a Mixed Use Activity Center that permits
commercial uscs. The Comprehensive Plmming Depmtment has reviewed the proposed
PUD amendment and has found the petition consistent with all applicable elements of thc
Futurc Land Use Element (FLUE) of the Growth Management Plan (GMP) offering a
recommendation that this petition be found consistent with the overall GMP.
Con: The subject sitc is adjacent to J'esidential zoned properties to the south. The existing
residences may object
Eindi\lg~: Bascd upon stairs review, the proposcd development is in compliance with
the Future Land Use Elemcnt (FLUE) of the Growth Management Plan (GMP) for
Collier County and all other relevant goals, objectives and policics of the GMP,
2. The existing land use pattern.
Pro: This project will be consistent with the existing commercial and residential land use
patterns as explained in the staff report.
Con: None.
Findings: Stair belicvcs that the proposed uscs, as limited in the MPUD, mld amount of
commercial square footage will not create any negative impacts to surrounding
properties.
3. The possible creation of an isolated district unrelated to adjacent and nearby
districts.
Pro: lhe subject site is currently designatcd MPUD (mix of commercial and residential)
and is adjacent to commercial and residential designated lmlds.
Con: None
Findings: The subject parcel is of sufficient size that it will not result in an isolated
district unrelated to adjacent and nearby districts. It is also compatible with existing land
uses by virtuc of its consistency with the FLUE of the GMP.
EXHIBIT A
Aaenda liem No. 17 A
- June 12, 2007
Page 17 of 160
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 PUD district boundaries are logically drawn and they are consistent with
the Urban - Commcrcial District, Mixed Use Activity Center Sub-district (#12)
designation of the FLUM in the GMP.
5. Whether changed or changing conditions make the passage of the proposed
amendment necessary.
Pro: The proposed change is not necessary; it is being requested in compliance with the
LDC allowances to scek such changes,
Con: None
Findings: The proposed PUD rezoning is appropriate, as limited in the PUD document
and the PUD Mastcr Plan based on its compatibility with adjacent land uses.
6. Whether the proposed change will adverscly influence living conditions in the
ncighborhood,
Pro: The development standards contained in the PUD document are intended to mitigate
any adverse impact to the living conditions in this neighborhood if the proposed clJ<Ulge is
approved, Furthclmore, the limitation ofthe allowed uses in the pun to "general office"
would
Con: The intensification of the eommercial office component of this PUD may be
perceived by the adjacent residences as attracting more people to this site, However, the
hours of operation of thc proposed office use, in comparison to the hours of operation of
the current rcstaurant use that is intended to be dclctcd as an allowed use, along with the
potential reduction of noise and odor, is a use that is more compatible with the adjaccnt
residential area.
Findings: The proposed change will not adversely influence living eonditions in the
neighborhood because the recommended dcvclopment standards and other conditions for
approval should ensure the least amount of adverse impact on adjacent and nearby
developments.
7. Whcther the Pl'oposed changc will create or cxeessively inCl'ease traffic congestion
or create types of traffic deemed incompatible with surrounding land uses, bceausc
of peak volumes or projected types oC vehicular traffic, including activity during
construction phases oC the development, or otherwise affect pnblie safety.
EXHIBIT A
Agenda Item No. 17 A
June 12. 2007
Page 180f160
Pro: The proposed amount of commercial square footage renders thc PUD compatible
with the Traffic Circulation Element. Furthermore, compared to the intensity of the
existing allowed uses, the proposed general office uses may lowcr the impact of traffic on
the road segments that surround the subject site, as shown on the TrafIic Impact Analysis.
Con: None.
Findings: The proposed PUD will not cxcessively increase the present traffic congestion.
8. Whether the proposed change will create a drainage problem.
Pro: The project will be required to comply with the requirements of the Collier County
Land Development Codc (LDC) as patt of the Site Development Plan (SDP) approval
li'om Collier County Govcnm1ent, Drainage problcms should not be created when
construction is donc in accordance with County permits.
Con: Urban intensification could potentially increase area-wide flooding in a sevcre
rainfall event.
Findings: Evcry project approved in Collier County involving the utilization of land for
some land usc activity is scrutinizcd and required to mitigate all sub-.surface drainage
generated by developmental activities.
9. Whethcr thc proposed ehangc will scdously reduce light and air to adjacent arc as.
Pro/Con: Evaluation not applicable.
Findings: All projects in Collier County are subject to the development standards that
apply generally and cqually to all zoning districts (i.e, open space rcquirement, corridor
management provisions, etc.) that wcre designed to ensure that light pcnetration and
circulation of air do not adversely affcct adjacent areas. TillS project will be subject [0
those same standards.
10. Whcther the proposed changc will adversely affect propcrty valucs in the adjacent
arca.
Pro/Con: Evaluation not applicable.
Findings: Property valuation is affected by a host of factors including zoning, however
zoning by itself mayor may not affect values, since value determination by law is driven
by market value. The fact that a propelty is given a new zoning designation mayor may
not affect value.
11. Whether the proposed chauge will he a dcterrent to the improvement or
development of adjaecnt pl'operty in accordance with cxisting regulations,
EXHIBIT A
Aaenda Item No. 17 A
~ June 12. 2007
Page 19 of 160
Pro/Con: Evaluation not applicable.
Findings: The development of adjacent properties, in accordance with existing
regulations, wi II not be affected if this rezone is approved.
12. Whethcr the proposed change will constitute a grant of special pl'iviIege to an
individual owncl' as contrasting with the public wclfarc,
Pro/Con: Evaluation not applicable.
Findings: The proposed rezone to PUD complies with the Urban - Commercial District,
Mixed Use Activity Center Sub-district (#12) designation of the Growth Management
Plan, which is a public policy statement supporting zoning actions when they arc
consistcnt with said plans. in light of this fact, the proposcd amcndmcnt to the Pine
Ridge Mixed-Use Center PUD does not constitute a grant of special privilege.
Consistency with the FLUE is further determined to be a public welfare relationship
hecause actions consistent with plans are in the public intcrest.
13. Whether there are substantial reasons why the property cannot be used in
accordance with existing zoning.
Pro/Con: None.
Findings: The property is currently us cd in compliance with the existing zoning, which is
MPUD; this petition seeks only to add to the maximum allowed amount of commercial
squarc footage and limit the commercial uses to "general officc" as allowed in the C-I
tiu'ough C-4 zoning districts of the LDC.
14. Whether the change suggested is out oC scale with the needs of the neighborhood or
the County.
Pro/Con: Evaluation not applicablc.
Findings: The proposed PUD amendment is designed in a manner that is compatible with
surrounding property in size mld scale, It is also consistent with the FLUE of the Growth
Management Plan, as further limited in the PUD document.
15. Whether is it impossible to find other adequate sites in the County for the proposed
use in districts already permitting such use.
Pro/Con: None,
Findings: As noted abovc, this site is the subject of a specific GMP Sub-district. Thal
Sub-district was designed to accommodate the specific needs of that area of the County.
EXHIBIT A
Agenda Item No. 17.1\
June 12. 2007
Page 20 of 160
16. The physical characteristics of the property and the degree oC site alteration, which
would be required to makc the property usable for any of the range of potential uses
under the proposcd, zoning classification.
Pro/Con: Evaluation not applicable.
Findin(:(s: While thc existing site conditions may rcstrict the number, location and square-
footage of thc buildings, they would not rcnder the propcrty unusable.
17. The impact of development on the availability oC adequate publie Caeilities 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 jurisdictional elemcnts of the OMP
has reviewed this petition and they have found it consistent with the GMP. The
conditions of approval, including the limited allowed IIses, have bccn incorporated into
thc PUD document. Staff rcviews for adequacy of public services and levels of scrviee
determined that required infrastructure meets with OMP established relationships.
EXHIBIT A
.
Agenda Item No. 17 A
June 12. 2007
Page 21 of 160
FINDINGS FOR PUD
PUDA-2006-AR-I0916
Section 10.02,13.B.5 of the LDC of the Collier County Land Development Code requires the
Platming 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 deveIopmcnt proposcd in relation
to physical eharaetcristics oC the land, surrounding areas, traffic and access, drainage,
sewer, water, and other utilities.
Pro: The proposed numher of commercial square footage renders the proposed PUD
suitable as far as future traffic impact and drainage on surrounding areas.
Con: The additional amount of traffic generated by the proposed development may result in
a negativc perception by the surrounding property owners. However, the proposed PUD
would limit uses to general office which would have a lower impact on traffic than some of
the uses allowed in the commercial zoning district.
Finding!;~ The site is located where it has access to Pine Ridge Road (C.R. 896) and Castello
Drive, and the traffic that this project is expcctcd to generate will not havc a significant
impact on the LOS standard service volume. The development standards contained in the
LDC are dcsigned to ensure that the subject project is suitable in regards to drainage, sewer,
water, and other utilities.
2. Adequacy of evidence oC unified control and suitability oC any proposed agreements,
contract, or othcr instruments, or for amendments in those proposed, particularly as
they may rclate to arrangements or provisions to be made for thc continuing operation
and maintenauee of such areas and Cacilities that are not to be pl'ovidcd 01' maintained
at public expense.
Pro/Con: Evaluation not applicable,
Findings: Documents submitted with the application provide evidence of unificd control.
The PUD document makes appropriate provisions for the operation and maintenance of
common arcas.
3. Conformity of thc proposed Planncd Unit Dcvelopment with thc goals, objcctives, and
policies of the Growth Management Plan (GMP),
Pro/Con: Evaluation not applicable.
Findings: The proposed limited uses that are p<ut of this petition have been found consistent
with the goals, objectives and policies of the GMP, Please see the staff report for a more
detailed discussion.
EXHIBIT B
Aaenda Item No. 17 A
~ June 12.2007
Page 22 of 160
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 uses in thc proposed PUD amendment, renders the subject petition
consistent with the GMP.
Con: Any intensification may be perceived as an increased impact on the road network as
well as on the utilities.
Findings: Staff analysis indieates that this petition is compatible, both internally and
externally, with the proposed uscs and with the existing surrounding uses,
5. The adequacy of usable open space areas in existence and as proposed to serve the
development.
ProCon: Evaluation not applicable.
Findings: The mllount of opcn space set aside by this project is consistent with the
provisions of the Land Development Code.
6. The timing or sequence of developmcnt for the purpose of assuring the adequacy of
available improvements and CaciIities, both public and p,"ivatc.
Pro/Con: Evaluation not applicable.
Findings: Timing or sequencc of development in light of concurrency rcquirements does not
appear to be a significant problem as part of the PUD process, but the project's development
must be in compliance with applicable conClmency management regulations when
development approvals are sought.
7. The llbiIity of the subject prollerty 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. Infrastructnre is or will be in place in the vicinity and its adequacy will be
determined at the time of SDP approval.
8. ConCormity with PUD ,'egulations, or as to desirable modifications of such regulations
in the particular case, based on determination that such modificlltions are justified as
EXHIBIT B
,
Aaenda Item No. 17 A
- June 12. 2007
Page 23 of 160
meeting public purposes to a degree at least cquivalcnt to litel"al application oC such
regula tions.
Pro/Con: Evaluation not applicable.
Findings: This critcrion essentially requires an cvaluation of the extent to which
development standards and deviations proposed for this pun depart from development
standm'ds that would be required for the most similm' conventional zoning district. The
development standards in this PUD amendment arc similar to the C-l through C-4 standards
of the LDC.
EXHIBIT B
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COlLlERGOV.NET
(i)
Aaenda Item No. 17 A
- June 12. 2007
Page 24 of 160
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 403-2400 FAX (239) 643-6968
.... AI'I'L1CAt"ON"F'ol(:p.uB'1lf~HEARiNGYFoRif;'i;~jlr!!('~")'J'.""j~t*"~
rgj AME~BMEN"T6 plio 'puoAi' ,"~t;~'Jf~g~~~~{:~8g~,;,:'~:':\;~iil;~ff~tfa~b~~~ii~~~1~lgg~~~".i
~ . '.'. -'-,' "',,-' -, t, '.' -J..' "" ;:;\_';",~" < :'~: ::(1",:,'i~/~:<~:f~~~:~_'c.%,:_-,.\1;;~: -';:;':i~i".(':l:::r-J;>:':'>t?:,,'::L'..-';~'~~18vy?:r:~,'::'i;.:t,\~~\l1.:':':,i';>W,t;~,,), :,
PETITION NO (AR)
PROJECT NAME
PROJECT NUMBER
DATE PROCESSED
ASSIGNED PLANNER
PUDA-2006-AR-t0916
PROJECT #2005030054
DATE: 12/6/06
CAROLINA VALERA
"
,,-',' "'~:.~'..,; /,,;;, ,\.,. ,'~. - -';~' ' -.
, ,-,' ,'~- '
.,:'~'" __.,";.I;i' ,~_~ ,- )i',::.::;;j"i-;;,,~ _,;:.I{.;!".; :':c'" .,'
"~PLICAN1? INF()~TIONl"
, .,., .... ":. !.", ..;. " - --. ~'. . ii,' ' . .:; '-"_" -,..". ',., ." " . ". -: .......'
NAME OF APPLlCANT(S) GRAND INN OF NAPLES. INC.
ADDRESS 1100 PINE RIDGE ROAD CITY NAPLES
TELEPHONE # (239\ 649-1230 CELL # N/A
E-MAIL ADDRESS: N/A
STATE FLORIDA ZIP 34108
FAX # (239) 649-4237
NAME OF AGENT MICHAEL R. FERNANDEZ. AICP I PLANNING DEVELOPMENT INCORPORATED
ADDRESS 5133 CASTELLO DRIVE. SUITE 2 CITY NAPLES STATE FLORIDA ZIP 34103
TELEPHONE # (2391 263.6934 CELL # N/A FAX # (2391263-6981
E-MAIL ADDRESS:..PDIMRFlalAOL.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
T
_,._.h.F '.~,' .
Agenda Item No. 17 A
June 12, 2007
",':',:::;~ .0<..~:.:~nl
AS$Q'~iAri.QNS'
",,,....-.,\C,,."""'.,,.,';-.~.:<.,-
Complete the following for all Association(s) affiliated with this petition. Provide additional
sheets if necessary.
NAME OF HOMEOWNER ASSOCIATION:
MAILING ADDRESS
CITY
STATE
ZIP
NAME OF HOMEOWNER ASSOCIATION:
MAILING ADDRESS
CITY
STATE
ZIP
NAME OF HOMEOWNER ASSOCIA nON.
MAILING ADDRESS
CITY
STATE
ZIP
NAME OF MASTER ASSOCIATION. GRAND INN OF NAPLES. A CONDOMINIUM
MAILING ADDRESS 1100 PINE RIDGE ROAD, 4TH FLOOR
CITY NAPLES ST ATE ....EL ZIP 34108
NAME OF CIVIC ASSOCIATION.
MAILING ADDRESS
CITY
STATE
ZIP
tnscIoslll'eof ID.tel'~st Iii(orJnation.'..
a. If the property '!s 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 odditional sheets if necessary).
Name and Address
Percentage of Ownership
Applicalion For PlIblic Hearing For PUD Rezone 6/14/04
Aaenda Item No. 17 A
- June 12, 2007
Page 26 of 160
b. If the property is owned by a CORPORATION, list the officers and stockholders and
the percentage of stock owned by each.
Nome and Address
Percentage of Ownership
MICHAEL KESSOUS. PRESIDENT
of
100%
Grand Inn of Naples. Inc
c, If the properly 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
Application For Public Hearing For PUD Rezone 6/14/04
.
Agenda Item No. 17A
June 12, 2007
Page 27 of 160
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 contrad terms involve additional parties, list all
individuals or officers, if a corporation, partnership, or trust.
Name and Address
g. Date subject pro,perty acquired ~ leased 0 12/31/97 (Hotel unifl
,
Term of lease WA
acquired ~ leased 0_ 09/01/06 (Restaurant unill
Term of lease WA
If, Petitioner has option to buy, indicate the following:
Date of option:
Date option terminates:
Anticipated closing date
, or
h. Should any changes of ownership or changes in contracts for purchase occur
subsequent 10 the date of application, but prior to the date of the final public hearing,
it is the respon~ibility of the applicant, or agent on his behalf, to submit
a supplemental disclosure of interest form.
Application For Public ~earing For pun Rezone 6114/04
PR.OPERTY i,()c;lAt'lON
Agenda Item No. 17A
blnA 1? ?nn7
Page 28 01160 I
Detailed Ic!!al description of the propertv covered bv tbe application: (If space i. inadequate, allach
on separate page.) If reque.t involve. change ta more than one zoning district, include .eparate legal
description for property involved in each district. Applicant shall submit four (4) copies of a recent survey
(completed within the last six months, maximum I" to 400' scale) if required to do so at the pre-
application meeting.
NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning
the legal description, an engineer's certification or sealed survey may be required.
Section/Township/Range
15 / 49 S / 25 E
Lot: 51
Plat Book 2
Block,
Poge #:
Subdivisian:
2
Property 1.0.#: 46599000025. 61942120003. & 465990000411
Metes & Bounds Description: Please see allached Leaal Descrlatlon
Size of propertv: 302:!: ft. X 537:!: ft +.uti ft. X l.!!li ft. = Total Sq. Ft. 175.509 :!:
Acre. 4.02 +
Address/!!enerallocation of subject pronertv: 1100 Pine Rid!!e Road
PUD District (LDC 2.03.06): D Residential D Community Facilities
[8J Commercial D Industrial
"" ,-.,,, . _._" ",-, "'-'_',- _,' '.....1"-. ' -.:.- :".-,'.
ADJACEl\fI; ZO~Q ANQ, L~ l.lS~
Zoning
Land use
N ROW / RSF-I
S ROW / RSF-4
E PUD
W C-4
PiNE RIDGE ROAD / SINGLE FAMILY RESIDENTiAL
CASTELLO DRIVE / SINGLE FAMILY RESIDENTIAL ON INDIVIDUAL LOTS
COMMERCIAL - GOODLETTE CORNERS PUD
COMMERCIAL: RESTAURANT AND RETAIL (PELICAN PLACE)
Does the owner of the subject property own property contiguous to the subject property? If so,
give complete legal description of entire contiguous properly. (If space is inadequate, allach on
separate page). NO
Section/T ownship/Ra nge
/
/
Lot,
Block:
Subdivision:
Plat Book_ Page #:
Metes & Bounds Description:
Property 1.0.#,
Application For Public Hearing For PUD Rezone 6/]4/04
Agenda Item No. 17A
d~Ae 12,2007
Page 29 of 160
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This application is requesting a rezone from the PUD zoning dislricl(s) to the PUD zoning dlstrict(s).
Present Use of the Property: HOTEL AND RESTAURANT
Proposed Use (or range of uses) of the property: MIXED-USE: MUl TI.FAMll Y RESIDENTIAL AND OFFICE
Original PUD Name: Pine Ridae Medical Center
Original PUD Name: Pine Ridae Mixed Use Center
Ordinance No.: 95-52
Ordinance No.: 06-06
.-'..:,':":':~~::!_"'" "~~"--"".:;:~'::~;,~.:':':,-_:.:':"""'._:'.,'.'.'.:':~~.::.-,::'~:;~::":':':~~::~':'.:1t~\1~VA,'fiQNl~~f~~r;;;t:~i.:'::':,;'~';'~;:::.C:f:'~'~':7:~~~',:::"\:::~?;:i::,~:;;,::::~~;=,.:_:,,:_:,~.~t-_::~.:.~"
Pursuant to Section 1 0.02.13 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 narrallve statement describing the rezone request with specific reference to the crileria noted
below. Include any backup materials and documentation in support of the request.
PUD Rezone Considerations (lDC Secllon 10.02.13.B1
1. The suitability of the area for the type and pattern of development proposed In relalion to
physical characteristics of the land, surrounding areas, trafflc and access, drainage, sewer, water,
and other utililles.
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. ConFarmity of the proposed PUD with fhe goals, objectives and policies of the growth
managemenf plan.
4. The infernal and external compatibility of proposed uses, which conditions may include
restrictions on focation of improvements, restriclions on design, and buffering and screening
requirements.
5. The adequacy of usable open space areas in existence and as proposed to serve the development.
6. The liming or sequence of development for fhe purpose of assuring the adequacy of avoilable
improvements and facilities, both public and private.
7. The ability of the subject property and of surrounding areas to accommodate expansion.
Application For Public Hearing For PUD Rezone 6/14/04
Agenda Item No. 17 A
June 12. 2007
Page 30 of 160
8. Conformity wifh PUD regulations, or as to desirable modifications of such regulations in the
particular case, based on determination thaI such modifications of justified as meeting public
purposes to a degree at least equivalent to literal application of such regulations.
Deed Restriction.. 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 petilions on the subiect properlv: To your knowledge, has a public hearing been held
on this property within the lasl year? ~ Yes 0 No
If so, what was the nature of that hearing? Januarv 24. 2006 - Pine Ridae Mixed Use Center PUD
Amendment CCBCC hearina far at>t>raval - Ordinance 06-06
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 1he petitioner wi1hdraws the application through written notice or ceases to suooly necessary
informotion to continue processina or otherwise actively pursue the rezonlna for a period of six 16l
months. An application deemed "closed" will not receive further processing and an opplication
"closed" through inactivity shall be deemed withdrawn. An application deemed "closed" may be reo
opened by submitting a new application, repayment of 011 opplication fees and granting of a
determination of "sufficiency". Further review of the project will be sublect 10 the then current code.
(LDC Section 10,03.05.Q.)
Application For Public Hearing For PUD Rezone 6/14/04
.
Agenda Item No. 17A
June 12. 2007
Page 31 of160
STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REOUEST
1. NAME OF APPLICANT: Grand Inn of Naples. Inc.
2. MAILING ADDRESS: 1100 Pine Rldee Road. 4th Floor
CITY Naples
STATE Florida
ZIP 34108
3. ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): 1100 Pine Rlde:e Road
4. LEGAL DESCRIPTION:
Section:..lL Township: 49 South
Range: 25 East
Lot: 51
Block:
Subdivision:
Plat Bookl Page #:~ Property I.D.#: 46599000025.61942120003. and
465990000411
Metes & Bounds Description: Please see attached leeal description
5. TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system):
a ~ COUNTY UTIL'ITY SYSTEM 0
b. CITY UTILITY SYSTEM I:8J
c. FRANCHISED UTILITY SYSTEM 0
PROVIDE NAME
d. PACKAGE TREATMENT PLANT 0
(GPD capacity)
e. SEPTIC SYSTEM 0
6.
TYPE OF WATER SERVICE TO BE PROVIDED:
a. COUNTY UTILITY SYSTEM
b. CITY UTILITY SYSTEM
c. FRANCHISED UTILITY SYSTEM
PROVIDE NAME
d. PRIVATE SYSTEM (WELL)
o
I:8J
o
o
Aonlication For Public "carinI! For pun Re7.0ne 3/06
Agenda Item No. 17A
June 12, 2007
Page 32 of 160
7. TOTAL POPULATION TO BE SERVED: N/A- served bvCity of Naples
8. PEAK AND AVERAGE DAILY DEMANDS: N/A - served bv City of Naples .
A. WATER-PEAK AVERAGE DAILY
B. SEWER-PEAK AVERAGE DAILY
9. IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL
WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE
REQUIRED: N/A
10. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic
drawing of sewage treatment process to be used as well as a specific statement regarding the
method of affluent and sludge disposal. If percolation ponds are to be used, then percolation
data and soil involved shall be provided from tests prepared and eertified by a professional
engineer. N/ A
11. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located
within the services boundaries of Collier County's utility service system, written notarized
statement shall be provided agreeing to dedicate to Collier County Utilities the water
distribution and sewage collection facilities within the project area upon completion of the
construction of these facilities in accordance with all applicable County ordinances in effect at
the at time. This statement shall also include an agreement that the applicable system
development charges and connection fees will be paid to the County Utilities Division prior to
the issuance of building permits by the County. If applicable, the statement shall contain shall
contain an agreement to dedicate the appropriate utility easements for serving the water and
sewer systems, N/A
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.
See enclosed Availability email from the City of Naples
Utility Provision Statement RJM 10/17/97
Anr>licfl1ion For Public Henrlm. For PUD Rezone J/06
,
Agenda Item No. 17A
June 12. 2007
Page 33 of 160
PUD AMENDMENT (PUDA)
PUD REZONE (PUDZ)
PUD to PUD REZONE (PUDZ-A)
APPLICATION
SUBMITTAL CHECKLIST
THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW
W/COVER SHEETS ATTACHED TO EACH SECTION.
NOTE: INCOMPLETE SUMBITT ALS WILL NOT BE ACCEPTED.
REQUIREMENTS
#OF
COPIES
REQUIRED
NOT
REQUIRED
STANDARD.REQU IREMENTS'i,%,.},};\,/.;;C'O';'.'e:!/;n,'c\i,'; ';;fi~i,;,'?;;;'.~,~,;;~2,';:"
1 Additional set II located In the Bayshore/Gateway Triangle
Redevelo ment Area
Copies of detailed description of why amendment Is necessary
Completed Appltcatian with list of Permitted Uses; Development Standards Table;
list of proposed deviations from the tOe (if any); list of Developer CommItments
(download from website for current form)
Pre-a llcotlon meettn notes
PUO Conce tual Master Plan 24" x 36" and One 8 Y2" x 11" co
Revised Conee tual Master Plan 24" x 36"and One 8 V2" x 11 It co
Original PUD document/ordinance cmd Master Pion 24" x 36" ONLY IF
AMENDING THE PUD
Revised PUD a !icalion with chon es crossed thru & underlined
Revised PUD a licatian w amended Title a e word #'s, lDC 10.02.13.A.2
X
24
24
x
24
24
24
24
X
X
X
X
Deeds/legal's & Survey (If boundary of original PUD is amended)
List identifying Owner & 011 parties of corporotion
Owner/Affidavit signed & notarIzed
Covenant of Unified Control
Completed Addressing checklist
'1.c:oRI".(o"'.~~Jol)!'Yil'~';'"'' .
Envlronmentallmpact Statement (E1S
exemptIon justification
Historical Surveyor waiver request
Utility Provisions Statement wjsketches
Architectural rende~lng of proposed structures
Survey, signed & sealed
Traffic Impact Statement (TIS) or waiver
Recent Aerial Photograph (with habitat areas defined) mln scaled 1 "=400'
4
4
4
4
4
7
X
X
X
X
X
X
5
X
Electronic copy of all documents in Word format and plans (CD Rom or Diskette)
Letter of No Oblectlon from the U,5. Postal Service
If located In RFMU (Rural Frlnae Mixed Use\ Receivlno land Areas
Applicant must contact Mr. Gerry J. Lacavero, Stote of Florida
Division of Forestry @ 239-690-3500 for information regarding
"Wildfire Mitlgotion & Prevention Plan", lDe Section 2.03.08.A.2.a.(b)l.c.
~~;;e~ r
Applicant / Agen' Signa'u~
X
X
11-29-06
Dote
Agenda Item No. 17 A
June 12, 2007
Page 34 of 160
AFFIDAVIT
Well, Grand Inn of Navies. Inc. being first duly sworn, depose and say that
well am/are the owners of the property described herein and which is the subject matter of the
proposed hearing; that all the answers to the questiolls in this application, including the disclosure of
interest information, all sketches, data, and other supplementary matter attached to and made a part
of this application, are honest and true to the best of our knowledge and belief Well understand that
the information requested on this application must be complete and accurate and that the content of
this form, whether computer generated or County printed shall not be altered, Public hearings will
not be advertised until this application is deemed complete, and all required information has been
submitted,
As property owner We/lfurther authorize Planninl! Develovment lncorvorated I Michael Fernandez
representative in any matters regarding this Petition,
By: Michael Kesso
President '----------
Grand Inn of Naples, Inc.
nt was acknowledged before me this 12>11L day of ~ 200L
who is personally known to me or has prodfjed . -
as identification.
,"'~'--,. .
i
}
\ ~.
~ ."i
1 i..:"''',;
"~-"~", .
';
-f~~A_~!JidVAUJ
/
"0'
._'-;0
State of Florida
County of Collier
(Signature of Notary Public - State of
Florida)
P~ltlA Srf..Vf.1JS
(Print, Type, or Stamp Commissioned
Name of Notary Public)
Aunlicaflon For PubJk Readul? For PUD Rezone 3/06
.
PINE RIDGE MIXED USE CENTER
PUD AMENDMENT
APPLICATION FOR PUBLIC HEARING FOR:
PUD TO PUD REZONE (PUDZ-A)
APPLICATION FEE CALCULATION
Agenda Item No. 17A
June 12, 2007
Page 35 of 160
PUD Amendment Application Fee
($6,000,00 + $25 x 4.02 acres - $500.00 pre-application meeting fee)
Fire Code Review
Comprehensive Planning Consistency Review
Legal Advertising for the Planning Commission
Legal Advertising for the Board of County Commissioners
Sub Total (Check #8173 enclosed)
Sub Total (Check #3127 enclosed)
Total PUD Amendment Application Fees Paid
$ 5,625,00
$ 150.00
$ 2,250,00
$ 729.00
$ 363.00
$ 8,934.50
$ 182.50
$ 9,117.00
~< ';..'
~: ~
(.
, ,;~:;:
Agenda Item No. 17A
June 12, 2007
Page 36 of 160
.
~
,-'.'"
(:':
. .'" ','''''''. '" '",''' t~.,.. ..', '"~ ." '~. '^~~" ":~'''<''~.''~''~ ~,".''''Y.':.~ ~:..":~' ~.~ ~,..:~ ,,,,.,:~,~ ", ,. "OJ ''''~.~ _ '
MK DEVi:Lq,I'ER$, INCi. .
,ioopiNE RIPGE ~OAD:' .
NA.PLES, FL 34 lOa
q-' -- '-'\ . -, "~'-
<<ON~
3836 TAMtAMlTRAll. N'ORTH
N,APLE'S;FlO.RID~" 34103
8173
63-'016/670
6/1312006
--
PAY TO THE
ORDER OF
Eight Thousand NiIl6 HWi.dfcci Thirty~FOUr- and - 50IiQo...~.**.....:.',.*'~:H-t .*,~*,*,~:.*';~.f-~~;~'~_~'~"~'~'*;~..'." '
Board of collier Co'uIltYCofuriiissi6p.erS .' .
.$ "*8,934,50
1I'008~BII' I:Ob70~O.b91:
.00 l.D. 522911'
DOLLARS
II-, "',..,,,-,
Board 6feoiiief CBU#tY Co!nffiiss'ioIl~ti '.
,',,:,
MEMO
I ~~~~~~~~,,' ..
ciiandIDnPuDA'APp Fees
",,:_-,/:;~.',;.;(: :S~:;~ '.: " :., .". ')~'
I:O~ 7DP,.91,1:.
H 27
:'.
:..>
.
PUDA-2006-AR-10916
PROJECT #2005030054
DATE: 12/6/06
PRE-APPLICATION MEETING NOTES CAROLINA VALERA
(i)
Agenda Item No. 17 A
June 12, 2007
Page 37 of 160
2800 Nc5rtTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 403-2400 FAX (239) 643-6968
COlliER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLlERGOV.NET
o rUD Re:i:i)ne [J PUD to PUI;)REi~one 'UD Amendment
. -.,,'" '-~:. ' - .;, ',-,-,..-":':: '-',' '.,,:- ,", -";:.-; :j} - -'.~.' -~-< -'.' ,
Date, :;'15.06 Time. ~'.IS Firm' ?\c::........''''5 0L...~-....~ ~.
Proiect Name, G..-..I. T..~~
Applicant Name: \A.4.:ke\ ~......~,. Z- Phone:
Owner Name.
Phone:
Owner Address: City State
Existing PUD Name and Number ~":"e. 9: A~)';;. )...\.~).'.4 ~
Assigned Planner {,;..f'I!},;.... \i.... \..;,.-..
!'(!lfftifl SiJ.ii!!!!~~1 ; f~l1rlj[~ti[!tl~'[IJ'~,!a
ZIP
t:"_.. \;e.r
f"
Submittal R~quirements (refer to application fOl addltional:...quirement.)
,
24 Copies of the following.
~ (0 _ 1 uddhlolla. ser If locoJed JIIII,,,, Ba{sJ\~ta.'~QtV'U'Q'1 T,iu"gfe Raaf.w",-I_F-I..eHf ^r........)..
[A?'" Completed Application
g---- Pre-application Meeting Notes
u;;r Conceptual Site Plan 24X 36" and One 8 V2 X 11" copy
Gr"' PUD document and Master Plan plus one 24" x 36" copy of the Master Plan
~C~ies of the following: .
~ Deeds/Legals & 'Survey (if bo~ndary of original PUO is amended)
[B-' List identifying Owner & all partie, of corporation
[]/"" Owner/Agent Affidavit signed & notarized
[3-"" Covenant of Unified Control
Q/ Completed Addressing Checklist
~C..!ll'ie. of the following:
~ . Environmental Impact Statement (EIS) or~ciivei)
[J}"'" Hi,torical Surveyor ~request
~ Utility Provisions Statement w/sketches
~ Architectural rendering of propo,ed ,tructure,
Q-" Architectural Review required
G::r' Survey, signed & 'eo led
!g Seven (7) Traffic Impact Statement ITIS) or waiver +':r ~~-he- ~~~
.... W' Five (S) copies of Recent Aerial Photograph (with habitat areas defined) min ,caled 1" = 400'
[3"" One (1) Electronic copy of all documents in Word format and plans (CORam or OiskeNe)
~ One (1) Letter of no obJection from the United State, Postal Service, Contact Robert M. Skebe
at (239) 435.2122.
Agenda Item No. 17A
June 12. 2007
Page 38 of 160
Fees: Application Fee:
D $10,000 (PUD Rezone) + $25 per acre (or fraction thereof)
D j,B,000 (PUD to PUD) + $25 per acre (or fraction thereof)
Gd'$6,000 (PUD Amendment) + $25 per acre (or fraction thereof)
~ $150.00 Fire Code Review
~ _ $2,250.00 Comprehensive Planning Consistency Review
0' $500.00 Pre-application fee (Applications subminell9 months or more after the date af the last pre-app
~~ng shall not be credited towards application fees and a new pre-application meeting will be required.
I.!r $729.00 legal Advertising Fee for CCPC meeting (to be reco~died upon receipt of Invoice from Naples Doily
News).
~ . $363.00 Legal Advertising Fee for BCe meeting
~ $2500.00 Environmental Impact Statement review fee
lid' Properly Owner Notification fees. Property Owner Notifications $1.00 Non-certified; $3.00 Certified return
receipt mail (to be poid after receipt of Invoice from Dept. of Zoning & Development Review)
Fee Total $
I M~etingN~~~~
~~!-Sf~r,tL~:~~~~~I.
L1X-IO.03,~S ~JC~'Z'=-~ ~~Tl51AY;- f
_N011GlHb-
I
G:\Current\Pre-App forms\PUD pre-app.doc
Revised October 11. 2005
.
Agenda Item No. 17 A
June 12, 2007
Page 39 of 160
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Agenda Item No. 17A
June 12. 2007
Page 40 of 160
SENT BY: PLANNING DEVELOPMENT;
I <;"" ~.i vu .loC. .;)~~
l,..O J. 1.1 er
Lo. HIJIJ~t~~INli
12392636981 ;
S41 - 65S-57~enda Item No. 17A I
June 12. 2c!Of
FE9.17.06 10:05AM; Pa~l;pfI60
ADDRESSiNG CHECKUST
Please complete the fOllowingJ!lU\ submit Itllhe Addressing Section lor R.eview. Not all items will aoolv kl
~crv DrOiec!. Items in bold ~e are rc<Juired.
2. FoUo (property 10) nllmw(s) of above (al/ach 10, Or assOciate with. legal description Ifmor., than one)
4 5 0025 61942 2 4 599 I
3, Street address or addresses (as applicable, if already IUslgned)
]}oo . eRid
4. Location map, showing exact location ofprojC<:tlsilc in relation 10 nellTCSt l'llblic road right~of.w.y (allach)
S. Copy of swvey (NEEDED ONt Y FOR LJNPLAITED PROPERTIES)
6. Proposed project name (if applicable)
o e sed at this time
7, Proposed Slreell1lllIles (if applicable)
NIA
-_. . .....-
8. Site Development Plan Numb<:!' (FOR EXISTJNG PROJECTS/SITES ONLY)
9, Petltlon Type - (Complete a separate Aildressing Checklisl for eacb Petition Type)
o SOP (Site Development PIon)
B. SDFA (SOP Amendment)
SDPI (SOP Insubstantial Change)
o SIJ> (Site Improvement Plan)
o SIJ> A (SIP Amendment)
o SNR (Slrc>cl Name Change)
o VegetalionlExotio (Veg, Removal PermiIS)
~ Land U"" Petition (Yon anee, Conditional Use,
Boat Dock Ext., Rezone. PUD rezone, etc.)
o Other - Deseribe: .
10. Project Ot development names proposed for, Or already appearing in, rondominium documcmls (if
applicable; indicate whether proposed or existing)
o PPL (Plans &. I1J~IReview)
BPSI' (preliminary Sull1livlsion PIal)
PI' (Final Pial)
o LLA (LoI Line Adjustment)
o Bt (Blasting Pcnnit)
o ROW (Right-of-Way Pcnnit)
o EXP (Excavation Permit)
o VRSFP (Yeg, Removal &. Site Fill Pennit)
J ), Please Check One: Checklist is to be Faxed BaCK Personally Picked Up
12. Applicant Name Michael Fanandez I I'D! Phone 263-6934 Fax 263-6981
13. Signature on Addressing CheclcJist docs not constitule Project and/or Street Name approval and is subject to
further review hy the Addressing Section.
FOR STAFF USE ONLY
Primary Number iS~DS.S
Address Number lS'l: 05>'-/
Address NllIDber ! S'6D5;;,.
Address Number
ApprovedbyJl",-~ (Y\.0)(t::tr..-. Date Z.-2..1-0,=-
Rn'9<:d 3-21.01
n1MC'A. l6, 'd-OOb
3: [is
~~ D(~~(~{'t\:.,
.... J - I/'. /dl/A.,
Agenda Item No. 17A
June 12, 2007
Page 42 of 160
SWORN STATEMENT
I, Michael R. Fernandez, President l of Planninll Develovment Incorvorated ,
authorized representative of Grand Inn of Navies , owner of the property described herein and
the project known as the Pine Ridf!e Mixed-Use Center PUD Amendment, first being duly
swom, depose and say that sufficient information has been provided to the surveyor to allow the
accurate depiction of all data required to be shown on the signed and sealed boundary survey that is
included in this petition submittal. Further, all information supplied is deemed to be honest and true
to the best of our knowledge and belief,
Si~4/;?r;;;z/
Michael R. Femandez
Authorized Representative for
Grand Inn of Naples *
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing was acknowledged before me this d. ,C; day of A ug ViS t ,2006 by
Michael R. Fernandez who i~y~or who has produced
as identification and who did (did not) take an oath,
".,~~I';II'" SUSAN M. FARIZ
~'''~ v:(~~~ Notary Public. Slate of Fbida
: '~.My Commission Expires Mar 23,2010
~q; Cf,~'~l Commission # DO 532495
""Rf,r,\.... Bonded By National Notary Assn.
~7111-anl~
SlGNATURE OF NOTARY PUBLIC
SEAL
My commission expires:
* See attached Letter of Authorization
PUDA-2006-AR-I0916
PROJECT #2005030054
DATE: 12/6106
CAROLINA VALERA
Agenda Item No. 17 A
June 12. 2007
Page 43 of 160
LETTER OF AUTHORIZATION
The undersigned do hereby swear or affirm that they are the fee simple title holders and owners
of record of the property eunently known as Pine Rid!!e Mixed Use Center MPUD
Amendment and legally described as follows:
SEE ATTACHED EXHIBIT A
The property described herein is the subject of an application for a Mixed Use Planned Unit
Development Amendment (MPUDA) Petition and subsequent development orders within Collier
County, We hereby designate Plannin!! Develo/Jment lncorvorated I Michael R. Fernandez.
AICP as the legal representatives of the propelty and as such, these individuals are authorized to
legally bind all owners of the property in the course of seeking the necessary approvals to
develop this site. This authority includes but is not limited to the hiring and authorizing of
agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain
development orders I pelmits from Collier County, Florida Power & Light (FPL), Florida
Department of Environmental Protection (FDEP), Embm'q, Time Warner, Comcast, TECO, and
all other jurisdictional agencies, /. ')
I' sentative
acl cssous
esident
Gra~?~~~apIes, Inc.
STATE OF FLORIDA
COUNTY OF COLLIER
Sworn to (or affirmed) and subscribed before me this~11!f.-daY of ~~ ,2006 by
Michael Kessous as President of Grand hrn of Naples. Inc.. who is ersonally known to me 01'
who has produced as identification.
-P ~~JI./I1~
I SEAL
~~
Notary Public
My Commission Expires:
..\'\\\'''(J~
~~ "'~
PATR:CIASTEVENS
Name typed, printed or stamped
9. .~.
~ ar ,'..<y-li- EXP1HES: iJeCQmbar 3, 2007
1~.:!-NOTJ\RY f'L N,,,wy l)l~CO\.Int kI.~oc. C-o.
PUDA-2006-AR-l0916
PROJECT #2005030054
DATE: 12/6/06
CAROLINA VALERA
uate:
-...."I:LV""'MI::NI J.N\;URPOFlAT:
Time: 4:33 oM To: @ 2636981
Page: 0\ 009
111 15/2004
#882;
IMAGE01 FL-04-22645_2 11/15/2004 04:29:30pm
Page 2 of 2
. .
EXH1JJJT .4
tll OR: 2371 PG: 3303 lit
hroeIl:
A lot or poRtI oIluu1lylo, III Lot 5~ NAPUlS IMPROVEAalNT COMPANY'S Ill1LE FARMS ~
... ""P - _In 1'1., Book 1, ., P,," 2, c/ lb, ....bU, R,..tds eI CoIll.. Cowl~, Florida, oIPdi
lot ... puorl b d<aalbed .. r.uo..:
p""" Ihe N_.......rSutioa 15, T""",,"p'9 South, R"'I'25Eas~ rue llu'u'lalcma:IheNonb liD.
oho/d.ecd"" 6QJ't.oq """"" rIIJI Soulhul, Cor Il/... '" Ihe NOMhwcst "'l1lU orlhe Eutlo1f (Elf2) 01
Wonlo1f (W1f2) dllld Lol51.. lbo poCot oIbe,w.UlJ: .".... rue Soulh alonllbo Walll... oI,.;d Eosl
lo1f (RI/2) or lbo WISlW (Wlf2) for 316.5 tOIl mo" or Jcs, '" tho Soulllllo, of wd Lot 51: lb,... rue
East aIooa AId Soulll u.. lor 150 ~t: w_ run Nunh paralI,l", IIId W..t ill1< oflhe Eosl hoIl (EI/2) or
tile Wut haU' (Wl/'J.) for 31'-' fur Inore or Ids I.CI. point on the Nonb line or s;liO' Lot 51: tbew.1UI:l Wtst
IImla WdNonJ. lme/o< 150r.., to lbo point 01 betlMI"a: bolnl W..'IJOI.., 01 $Old Eut hoIl(BI/2)orth,
WatlWl (W1f'J.) eI LoI51, "" and ""'pt Ih. North 10' thereof.
Pan.:12:
Eosl150 &.t or thl W.., 300 !eel of lhe Ilu' boll (EI/2) 01 "" Wcs,lo1f (WI/2) or Lot 51, NAI'll'.S
lMPROvm!:ENT COMPANY'S LlTIU! FARMS, . SubdiYlslon """"'los '0 th, Plot tbo...r, II .....ok<!
In \'lal Book 2. .. """ 2, i. "" ....hlle ",",cis of comer Coim1)', florid, "" oM "'"J'llbl NonheJt)' If
"-01.
Pared 3:
AI"", paroel oI1aod 1yIn,In Lo'll, NAI'UlS IMf/lOVEldENTroMl'ANrs 1ll1LEl'AAM.\ aaunliro&
1O....p orpla'lhmoI.. """dod.. 110'_2, 1I"":z. "'!he ....blldl...nk 01 c.lIIera.....,. Florida.
_IotOtpaJ<db~..I.""",
F_lbe N_'......"'_15. Towmhlp" SOUIh,.... 2:l1!a1l.... &.u,rIT oIq....NonbJlae
oClo/dledlno U2.3 &.~ Ih_ 11m Soulb,riy rot 15 r...lOlbeN_ _roltho EoolHoll(l!\f2)oC
W'" boI!(w\f.!)oll2ld LolSI, Ih,=ruo Eu'nlralooa lhe Nonh Iloe 01 laid LoIll6>r 375 lee. 10 IbI
polo. 0I~ olobo b.odr benby "''''''"''' F_ DId poUo' oCbo;looloa "'" Souih,panIId 10 "" w..
ll..oCOIid EuI hal!(Elf2) oIlb, W.., hoJl(WI/2) rot 316.5/001""'0' "" to tho Soolbu..dWdLol
51, - "'" East alol\! oaId S<rulb lInc ror 75 ftel; th<na 11m puaIId .. &lid W"'1loo "'!he Eut lo1f
(J!1/2) 01 the Wcsa b1I fWl!2) for 3]6,5 feel mort Dr lea to a paml DIl1he Nol1!l11llt 01 u1lI Lot51j Ihenc:c
nut Wea ~ &ald North &0 101 iSlut tc. \he paID! ofbe~ beinr the East 7S rutotlbe We&r.~&et
or oo/d I1&n ho/I (EI/2) oIlh, w..! halI,(Wlp) or Lolli.
Pared.:
S<rulb IllS fe.. 01 lb. Eas. l25 r... .r tho Welllf2 of Lo. 51. NAI'lllS IMPROVEMENT alMPANY'5
In11B FARMS u rcc:onJc,d in Plat Bo,ok Z. at PAle: 2, Publit ltc:toI& ofColliu CoUD!J. Florida.
Pared 5:
Easl hall (El/2) of tho Woo, hoJl (WlP) ""'P'th. &.'125 /,ot"" ....pl!he Wu' .5D /,,, or LoI51,...
Ib, Nozth IS !tot ror rlgh..o'-WIJ'. Lo. 51. NAPLES IMl'ROVllM!lNr COMPANY'S Ill1LE FARMS u
~dtd In Pbt Book:. a' pap 2. l'ublic: ReeortfJ oC CoWe: Coua1)', Florid&.
111"0<I6:
E<<ot 7llu. oIlh,'W..'37llu' oIt1J, Eu! bol!(El;.} of Ihe WOOl hill (WIll) o/Lotl! Jal th.Nonh 15
",' lor ri:!J.-of...." NAPLES lMI'ROVl!MEllT CXJMPANY'S lJTJU! FARMS .. """d"'.. PIal Bool
2, .1 pate 2, l'ubllc R_ 0/ Collier Coumy, FloridL
r
PAGE 6
Agenda Item No. 17A
June 12, 2007
Page 44 of 160
PUDA-200~RlJfu No. 17A
PROJECT #200soJlOOS4I2. 2007
DATE: 12/6/06 Page 45 of 160
CAROLINA VALERA
COVENANT OF UNIFIED CONTROL
The undersigned do hereby swear or affirm that we are the fee simple titleholders and owners of record of property
commonly known as the Pine RiMe Mixed Use Planned Unit DeveloDmeut. NaDles. Florida 34103
and legally described in Exhibit A attached hereto,
The property described herein is the subject of an application for mixed use planned unit development LM....PUD)
zoning amendment. We hereby designate Michael Fernandez / Plannia!! DeveloDment IncorDorated, legal
representative thereof, as the legal representatives of the property and as such, these individuals are authorized to
legally bind all ownerS of the property in the course of seeking the necessary approvals to develop. This authodty
includes, but is not limited to, the wing and authorization of agents to assist in the preparation of applications,
plans, surveys, and studies necessary to obtain zoning approval on the sIte. These representatives will remain the
only entity to authorize development activity on the property until such time as a new or amended covenant of
unified control is delivered to Collier County.
The Wldersigned recognize the following and will be guided accordingly in the pursuit of development of the
project:
I, The property will be developed and used in conformity with the approved master plan including all conditions
placed on the development and all commitments agreed to by the applicant in connection with the planned Wlit
development rezoning.
2. The legal representative identified herein is responsible for compliance with all terms, conditions, safeguards,
and stipulations made at the time of approval of the master plan, even if the property is subsequently sold in
whole or in part, uniess and until a new or amended covenant of unified control is delivered to and recorded by
Collier COWlty,
3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions,
or safeguards provided for in the plauned unit development process will constitute a violation of the Land
Development Code.
4. All terms and conditions of the plauned unit development approval will be incorporated into covenants and
restrictions which run with the land so as to provide notice to subsequent owners that all development activity
within the planned unit development must be consistent with those terms and conditions.
5. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms,
safeguards, and conditions of the planned unit developmen~ seek equitable relief as necessary to compel
compr ce The County will not issue permits, certificates, or licenses to occupy or use any part of the
pI ed 't development and the County may stop ongoing construction activity until the project is brought
in c iance with all terms, conditions and safeguards of the plauned unit development.
STATE OF FLORIDA)
COUNTY OF COLLIER)
Sworn to (or affrrmed) and subscribed before me this ~gf; day of ~ I/S +- ,200,6 by
fV1, Co V1tl i!..-L ~!.~ 0~ who is personally known to me or has produced
--;;;-;.:,:~;:'~ ~R-1irf:;s")
'. '( ,', '<".";:.;;";. ~~;~74 ! (Name typed, printed or stamped)
::____.,_:::::'::'_~:.~. (Serial Number, if any)
t.-... '"
f
} 1_.
~ in';"
I.'
\\D85tz461\pdi 20031Project Files\2006 Projects\Pine Ridge PUD Rezone - Office\Collier County\8-21-06
COVENANT OF UNIFIED CONTROL.doc
Agenda Item No. 17A
June 12, 2007
3901534 OR: 41U5g~Ofr631
RBCORDBD in OPPICIAL RBCORDS of CDLLIBR CODXfY, lL
~9/14/1D06 at 08:18AM DWIGHT B. BROel, CLIR!
CONS 1600000.0.
RBC lBB 18.50
DOC'.70 11100.00
@)
Prepared by and return to:
Beth E. Linzner, Esq.
Suite 235
2295 NW Corporate Blvd.
Boca Raton, FL 33431
Retn:
JANB YBAGBR CHBllY
2375 fAKIAKI fR X 1310
NAPLES lL 3m3
Parcel I D #
WARRANTY DEED
THIS WARRANTY DEED, made this ft day of~, 2006, between Naples
MMR, LLC, a Florida limited liability eompany(hereinafter called GRANTOR) whose post
office address is 1601 Belvedere Road Suite407S,West Palm Beach, FL 33406 and Grand
Inn of Naples, Inc., a Florida corporation, (hereinafter called GRAN1EE) whose post office
address isUOO Pine Ridge Road, Naple
y u.JY
(Wherever used herein, the terms It .. and "GRANTE .~
heirs. legal representatives and assiWls of i j 5, and the successors and as
WITNESSETH: tha th G
Dollars ($10,00) and other d
by GRANTEE, the receipt he
aliens, remises, releases, co :e.
and assigns forever, the
Collier County, Florida, mor
d s'
f<l~
Restaurant Unit, The ~~ t\,. ndominium, according to the
Declaration ofConflominium ~1:4'e Official Records Book 3389, Page
993 of the Public Records of Collier County, Florida.
SUBJECT TO covenants, conditions, restrictions, reservations, limitations, easements
and agreements of record, if any; ad valorem taxes and assessments for the year 2006 and
subsequent years; and to all applicable zoning ordinances and/or restrictions and prohibitions
imposed by governmental authorities, if any.
TOGETIIER WITH all the tenements, hereditaments and appurtenances thereto
belonging in anywise appertaining,
TO HAVE AND TO HOLD the same in fee simple forever.
AND TIIE GRANTOR hereby covenants with said GRAN1EE that except as above
noted, 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; and that the GRANTOR hereby
Agenda Item No. 17A
June 12. 2007
*** OR: 4105 '6': 4lCf31tO***
fully warrants the title to said land and will defend the same against the lawful claims of all
persons whomsoever.
IN WITNESS WHEREOF, GRANTOR has signed and sealed these present the date set
forth above.
Signed, sealed and delivered
in the presence of:
L , a Florida limited liability
~12~'
C. Metz, President and Manager
STATE OF FLORIDA )
COUNTY OF PALM BEACH )
Ife< oregoing instrument, and
for the purposes therein
e
Notary Public, State of Florida
. . ,1111,
CommIssIOn No,:
My Commission
BethElIunot'
..
!:oplom..... 1~ 7, "
80frIIED lHtUTIO'rfMlj NSW.NC:l II:.
Date: 11/15/2004
- - . .... ..............Ic:'.. I .L ,1,/\,jUH PORA T;:
Time: 4: 32 -'''M To: 13 2636981
Page: Ol .009
lMAGEOl FL-04-2264'_2 11/1'/2004 04:29:30pm
r~d', ~."..... ~~'''.'sb ~~~ -r-7."~ ~~., .~, ,~:::-::,.'I!l!~,,; .~...t'.'~'? ~:~~;"'tt~~8 ''''~r.:.~~I1f''':,:~'.~''':r.~:;I'} '.;!:\~'&J~
;;": . /l/,4&!:I};.~ ',.),1I.c.('~,(() 2266115 01: 2377 PG: 3302
" --.lIomcu_tfalWll~."
< ...-..-'" tl/"/III1II:IIII_'...._
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a....'n.1D.1:. 21." ft...
......................._ II. JtlU
,.
WAD.V4TY JIUD
1llJS DIlI!D II _ tIU '31" dq oI'o.o...ber, '197. ...... o.c.1lIM!IAlPE1ls 01'
NAPUlS, INC., . Florida """",al!o.I, 0..-1lIlll 0RANIl1NN OF NAm!B, me.,. Fbida
~ ar..,... poololli......... b 3131 TIlIl!aml TrioI Nord!, _410, NopIoo.
Fbida 34103.
-.... Cbaalr. in.din _oI'tho _ ofTmlald lIMCIODoUm (Slo.oo).
--pllld""'- ~- .._0......... baod paW by-a.-, thol<lldpl
wbaofb""""rllli..o1>locIlItd.lao"..,.,." barplooIllIllltold ..tho.... ~ 1Ild_.
""'......... -, tho lbl"","" dooonW Iald, mu..,1yIq 1lIlll..... in enJu.Couoly,
Plarido,_
S._.A._.......""'_....._.
8a\joc111l lOll _ _ for 1997, ..... IlIlll lItO ......... Impoal by
............., IlO!ul!r. rCIUldiooo -- _.. tho Illb!vloIaa; "'"
..'"'-'...llIl.....od....... _.f"""ld, Ihlll'..
Aodool4 GnIalorclooa """"r lo1Iy _ tho tltIe..1Ud Imd, &lid wUlcldtolltho_
....tho_dalmroflll__,
INWIlNESS'MIEaEOf.o.a__"'_hmfaodaltho"'lald>-
lIDl__
Q,C.
FlorIda
NAIUlI,INC.; .
By.
~~ JJ,~ k~111
(l)purI'riatNamol iij~1
BTA'lIl OF FLOIUDA ~I",
COIOOY 01' COLI.lEll Ii! il
n...........___..... '-"-l!.lI~"'''~I'''!S
byJ.6cboolr-..l'IaldalolQ.C.~OFNAPtEI,IHC...fW6a . . ..
.~~~""~~u~m-m~<<_~ _
__ (tJpe e(u.....;.f! -.t ). u,..;.. .. .... C6I
NOIll: If. trpe ofldmtifitatloo to...1oooria! '" ~ hloal ~ ~
lbb '-'-- _ ponoaolJy ....... ID... Iftb< _10 ilia
<bclaI, lbco tho penoo.........lbb _ did tah &11_
--,....
--.......-
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tIlar<lc:a
(T)po lr print Nom. 0(
.
11I882; PACE
5
Agenda Item No. 17 A
June 12, 2007
Page 48 of 160
PAge 1 of 2
PUDA-2006-AR-10916
PROJECT #2005030054
DA TE: 12/6/06
CAROLINA VALERA
Agenda Item No. 17 A
June 12, 2007
Page 49 of 160
PLANNING DEVELOPMENT INCORPORATED
J)(,I'C'/opWel/l ('()lI\'lIltllll/.~. L'lIgilll!l!r.\. PrO/mers (/JUII.CII/(!.H'OjW ArdliII!C(.l
,
April 3, 2006
Ms. Laura Roys
Collier County - Environmental Services Department
2800 North Horseshoe Drive
Naples, Florida 34104
PUDA-2006.AR-I0916
PROJECT #2005030054
DATE: 12/6/06
CAROLINA VALERA
Re: Pine Ridge Mixed Use Center - PUD Amendment
POI PN: 06,01006
Dear Ms. Roys:
Thank you, in advance, Cor your assistance with the review and permitting of this project. Pursuant to our pre-
application meeting held March 15,2006, please allow this correspondence to serve as a request for a waiver of
the Environmental Impact Statement (E1S) submittal requirement.
As we discussed during the pre-application meeting, this property is already developed as a lOS-room hotel;
therefore we are requesting a waiver from the EIS submittal. Also, we have retained the following language from
the approved PUD Document (Ordinance 06-06) and included it in our current POO Development Standards
Document, as well as placcd the language on the PUD Master Plan:
"M. Presen>ation Requirements and Standards: This PUD is required to maintain 10,541 square feel of
preserve Imitigation and these areas sllall minimaUy meet the del'elopment standards permitted by SDP-147; as
amended.
A Preserve Area Management Plan shall be provided to Environmental Review Staff for approval in the first
subsequent application for SDP Amendment or new SDP after approval of this PUD. The Plan shall delineate
location of the provitled 10,541 square feet (of presen>elmitigation) and shaU identifY methods to address
treatment of invasive exotic species, fire management, and maintenance."
As always, upon your receipt and review, should you have any questions or require additional information, or
wish to further discuss the requested waiver, please do not hesitate to contact me directly at 263-6934,
Sincerely yours,
PLANNING DEVELOPMENT INCORPORATED
MiC~'~P
President
:; III ('''Slt'IID Drh't\ ~UilC 2. i'\:Iples. Flmida 3'1103
PhOlll': 2.w.16JN)).1 . In.'\: 239.26.1.(1)81
Fl1gillt'er~ Ikn:l\lplllcnt ("onsuhlllll~ and 1'1,111111.'1'$
^1I1hori/alinn !;;{..!)O rmail: pdimrllitJlul.L'olll
l,nndscapc An::hilt'l'!S
l.il,:l'll,>C #1,('(I()C)OJ7S
Agenda Item No. 17A
June 12. 2007
Page 50 of 160
PUDA-2006-AR-10916
PROJECT #2005030054
DA TE: 12/6/06
CAROLINA VALERA
PLANNING DEVELOPMENT INCORPORATED
DCl'elOI'I//(!//1 LOIlS/dlemfS. ElIgi/l(,(,rs, PJal1l1(>1:~ and Lal1dscape ArclJilect.f
November 29, 2006
Ms. Carolina Valera
Department of Zoning and Land Development Review
2800 N, Horseshoe Drive
Naples, Florida 34104
Re: Pine Ridge Mixed Use Center - MPUD Amendment
Mixed Use Planned Unit Development Amendment! Cover and Transmittal Letter
PD/ PN: 06.0JOO6
Dear Ms. Valera:
Transmitted under this cover is our appiication package and required support documents for the proposed Pine
Ridge Mixed Use Center Planned Unit Development Amendment, which we discussed with you during our
March 15, 2006 pre-application meeting. This cover letter includes a project narrative Cor a complete description
of the proposed PUOA. Also, attached to this cover letter is the total PUOA application fee in the amount of
$9,117.00,
Our submittal exhibits include
Cover Letter with Project Narrative
PUO Amendment Completed Application Form
PUO Amendment Master Plan
CD,Rom: Application documents
Number of cODies
24
24
24
I
The Pine Ridge Mixed Use Center, PUO is located at 1100 Pine Ridge Road, Collier County, Florida,
The proposed MPUO Amendment is to eliminate the existing provision for 10,000 sf of restaurant use and
substitute it with a more internally and externally compatible conunercial use of 34,000 sf of general office with
an associated Master Plan which depicts the proposal for a two story structure over parking, well setback from
offsite and on site residential.
This proposal is, in part, due to marketing studies compariug the retention and expansion of the existing restaurant
relative to the conversion of the prior hotel to residential condominiums; and, is consistent with the desires of the
single family neighborhood which inunediately abuts the project and who offered this suggestion at the prior
rezone's Neighborhood Information Meeting.
The appiication documents of the proposed Amendment have been created and submitted consistent with the
updated guidelines for the desired simplified PUOA application formal.
The governing development and intensity restrictions have been combed from the current MPUO Document and
have been re-issued in a three (3) page summary. The Amendments to these standards have been identified in the
traditional underline-strikeout and highlighted depiction, and a clean copy has also been provided for adoption.
5133 Castello Drive. Suite 2. Naples, Florida 34103
Phone: 139.263.6934. "fiX: 239.263.6981
PaJ2e ] {lf2
En.e.incers DcVt']opmclll C'olls111lanls and Plm11lcl's
Authorizlltioll #8450 Enmi[: pdimrl([!mol.com
L1ndscapc Arc11itee!s
Lic~mse II LCOOOOJ 78
,
Agenda Item No. 17A
June 12, 2007
Page 51 of 160
The standards which are proposed to be amended to provide Cor the change from restaurant to office building are
limited to:
I) the associated square Cootage intensity change; 10,000 sf oC restaurant to 34,000 sC of office
2) amendment Cor the setback requirement Cor the east property line; from a gradient of 25 ft- 50 ft - 75
ft relative to I-story - 2 story - and 3 story; which was appropriate at the time oC its original approval
when the existing land use was one story single Camily homes, The current land use is Commercial
Planned Unit Development and has a comparable standard to the proposed "the greater of 15 ft or Y,
the building height" (1/2 BlI).
The applicant anticipates a concurrent processing of a conditional SDP A for the proposed office building project
and associated site improvements. A site plan has been completed and was discussed at a pre-application meeting
with County StafC on 02/22/06. Design studies are presently underway Cor the singular two-story office building
over parking, The applicant believes that visioning the proposed end product will provide comfort and assurance
to the public,
As always, upon your receipt and review, should you require any additional inCormation or copies or should you
have any questions or comments relative to our application and submittal package, please do not hesitate to
contact our office. Thank you, in advance, Cor your assistance with the processing of this application and for
aiding us to meet our client's goals,
Sincerely,
PLANNING DEVELOPMENT INCORPORATED
-'A+.4~/
~hael R. Fernandez, AICP
President
5133 Caslello Drive. Suite 2. Napks, Floridn 34103
Phone: 239.263.6934 . Fox: 239.263.6981
Pn~t"2 01"2
Engineers Development ('ollsultants .md PI<lllllers
Aulhurizatitlll #8450 Email: pdimrl~!.(llll.coll1
Landscnpe Arehilects
Licemie #LCOOOOJ '}8
Agenda Item No. 17 A
June 12, 2007
Page 52 of 160
PINE RIDGE MIXED USE CENTER
PLANNED UNIT DEVELOPMENT (MPUD)
Growth Management Plan (GMP) Compliance Narrative; document date 11.29.06
The development of approximately 4.02 acres of property in Collier County, as a Planned Unit
Development to be known as Pine Ridge Mixed Use Center will be in compliance with the goals,
objectives and policies of Collier County as set forth in the Growth Management Plan, The
mixed-use residential and commercial development of Pine Ridge Mixed Use Center will be
consistent with applicable comprehensive planning objectives of each of the elements of the
Growth Management Plan for the following reasons:
I, The subject property is located in an area identified as an Activity Center in the Growth
Management Plan for Collier County.
2, Activity Centers are the preferred locations for the concentration of commercial, high-
density residential and mixed-use development activities.
3. The project development utilizes creative land use planning consistent with Policy 5.3 of
the Future Lane Use Element.
4, The project development is consistent with Policy 5,3 for the reason that it minimizes the
cost oC community facilities by confining urban intensity development to areas
designated as Urban. The project is compatible with adjacent land uses through the
internal arrangement of structures, the placement of landscape buffers, and the proposed
development standards contained herein.
5. The project development is a mixed-use development and utilizes innovative land
development techniques consistent with Policy 5.6 of the Future Land Use Element.
6, The project development provides interconnection to adjacent local streets consistent
with Policy 7.3 of the Future Land Use Element.
7. The proposed residential density of ] 4 units per acre is consistent with the Mixed Use
Activity Center Subdistrict which provides for mixed use development with up to 16
units per gross acre.
8. Subject Property Area is 4,02 acres x 14 units per acre = 56 dwelling units maximum.
9. The project will be served by a complete range of services and utilities as approved by
the County. Water and sewer utilities are provided by the City of Naples.
10. All final local development orders for this project are subject to the Collier County
Adequate Public Facilities Ordinance.
PUDA-2006-AR-10916
PROJECT #2005030054
DA TE: 1216/06
CAROLINA VALERA
,
Agenda Item No. 17A
PUDA-2006.AR-I091~June 12, 2007
PROJECT #20050300S.fge 53 of 160
DATE: 12/6106
CAROLINA VALERA
ORDINANCE 06.Q2..
"
AN ORDINANCE AMENDING ORDINANCE
NUMBER 2004-41 AS AMENDED, THE COLLIER
COUNTY LAND DEVELOPMENT CODE, WHICH
INCLUDES THE COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPORATED
AREA OF COLLIER COUNTY, FLORIDA, BY
AMENDtNG THE APPROPRIATE ZONING ATLAS
MAP OR MAPS TO CHANGB THB ZONING
CLASSIFICATtON OF THE SUBJECT REAL
PROPERTY FROM THE PUD ZONING DISTRICT
TO TilE "MPUD" MIXED USE ZONING DISTRICT
BY REVISING THE EXISTING PINE RIDGE
MEDICAL CENTER PUD DOCUMENT AND PUD
MASTER PLAN TO REDUCE THE COMMERCtAL
USE TO 10,000 SQUARE FEET, RENOVATE THE
EXISTING HOTEL INTO A CONDOMINIUM
BUILDING WITH' A MAXIMUM 'OF 64
RESIDENTIAL UNITS AND CHANGB THE NAME
OF TilE I'UD. LOCATED AT 1100 PINE RIDGE
ROAD, tN SECTION 15, TOWNSHIP 49 SOUTH,
RANGE 25 EAST, LOT 51, COLLIER COUNTY,
FLORIDA, CONSISTING OF 4.()2:f: ACRES;
PROVIDING FOR THE REPEAL AND
REPLACEMENT OF ORDINANCE NUMBER 95-52,
AS AMENDED, TIlE FORMER PINE RIDGE
MEDICAL CENTER PUD; AND PROVIDE FOR AN
EFFECTIVE DATE.
u ~
-'
,.
"
\VHBREAS, Michael Fernandez of Planning Development In.c., representing Grund
inn of. Naples, Inc., pet_itioned the Board of County Commissioners to change the zoning
classification of the subject real property, pu!suant to Petition PUDZ-A-2005-AR-7403;
NOW, THEREFORE, BE IT ORDAINED BY The Board of County Commissioncl's
of Collier Counly, Florida, that;
SECTION ONE:
The Zoning Classification of the herein described real property located in Section 15,
Township 49 South, Range 25 East, Lot 51, Collier County, Florida, is changed from the PUD
zoning district to the "MPUD" Mixed Use zoning district by revising the existing Pine Ridge
Medical Center PUD Document and PUD Master Plan to reduce the commercial use to
10,000 sqnare feet, renovate the existing hotel into a condominium building with a maximum
.- of 56 residential units and change the neme of the PUD, attached hereto as Bxhibit "A," which
is incolpomted herein and by reference made part hereof, The appropriate zoning atlas map
or maps, as described in Ordinanoe Number 2004-1, as amended, tho Collier County Land
Development Code, are hereby amended accordingly.
Agenda Item No. 17A
June 12, 2007
Page 54 of 160
SECTION TWO:
Ordinance Number 95-52, a. amended, known a. the Pine Ridge Medical Center
PUD, adopted on October 10, 1995, by the Board of County Commissioner. of Collier
County, i. hereby repealed and replaced in it. entirely.
SECTrON tHREE:
Slale.
This Ordinance shall become effective upon filing with the Florida Department of
PASSED AND DULY ADOPTED by supeInJ~ority vOle of lhe Board of County
11) ,
Commissioners of Collier County, Florida, this Jfl/ day of ,l-nv A/', 2006.
ATTEST: ,.. .'.
DWIGHT .i'f.11!l.QCK', CLERK
.,' ~. -;: '~" .. .~ """',.,,
,'~' -' .! . ,::,: ~:" \ \ '~:\ :,
~~'~;~;~s%~{t~~
I 'outift'"llIil y.
BoARD OF COUNTY CO ISSIONERS
COLLIER COUN1Y, FLORIDA
BY: ~~
FRAN ALAS, HA 1 M N
PUDZ-A.200S.AR_740J/MS/5p
ThIs ordInance flied with the
Sec.r..etary o~t~'$ Of~~f)t,.
~ day 0 ,
ond oeknowlaagemerbltL that
flli~eIVed~~_ dQy
of . Mlrf,lI>In ,rt
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Agenda Item No. 17A
June 12, 2007
Page 55 of 160
EXHIBIT "A"
~
PINE R:OGE MIXED-USE CENTER
A Planned Unit Development
REGULATION AND SUPPORTING MASTER PLAN
. GOVERNING PINE RIDGE MIXED.USE CENTER.
A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF
THE COLLIER COUNTY LAND DEVELOPMENT CODE
Prepared
For:
Grand Inn of Naples, Inc.
1100 Pine Ridge Road
Naples, Florida 34103
PREPARED
BY:
Michael R. Fernandez, AIC?
Plan nino Development Incorporated
5133 ~astello Drive Suite 2. Naples. Florida 34103
239.263.69341 239.263.6981fax
POI MRF (cj) aoJ.com
"
ORIGINAL DOCUMENT DATE
REVISION DATE
DATE FILED
DATE REVIEWED BY CCPC
DATE APPROVED BY BCC
ORDINANCE NUMBER
AMENDMENTS AND REPEAL
03/18105
06.24-05
11117/05
01/24/06
2006-06
1995-52
EXHIBIT "A"
EXHIBIT "B"
TABLE I
Agenda Item No. 17A
June 12, 2007
Page 56 of 160
LIST OF EXHIBITS AND TABLES
PUD Master Plan
Location Map
Land Use Table
'.
Pace iii
T
Agenda Item No. 17A
June 12. 2007
Page 57 of 160
STATEMENT OF COMPLIANCE
The development of approximately 4,02 acres of property in Collier County, as a Planned Unit
Development to be known as Pine Ridge Mixed Use Center will be in compliance with the goals,
objectives and policies of Collier County as set forth in the Growth Management Plan. The
mixed-use residential and commercial development of Pine Ridge Mixed Use Center will be
consistent with applicable comprehensive planning objectives of each of the elements of the
Growth Management Plan for the following reasons:
1. The subject property is located in an area identified as an Activity Center in the Growth
Management Plan for Collier County.
2. Activity Centers are the preferred locations for the concentration of commercial, hlgh-
density residential and mixed-use development activities.
3, The subject property is located on Pine Ridge Road with the main access to the
development aligned with a directional median serving the subject property and a
secondary and minor access from the south off of Castello Drive, This strategic location
allows the site superior access for the placement of mixed-use activities.
.._1
4.' The project development utilizes creative land use planning consistent with Policy 5.3 of
the Future Lane Use Element.
5, The project development is consistent with Polley 5.3 for the reason that It minimizes the
cost of community facilfties by confining urban intensity development to areas designated
as Urban, The project is compatible with adjacent land uses through the internal
arrangement of structures, the placement of landscape buffers, and the proposed
development standards contained herein,
6, The project development is a mixed-use development and utilizes innovative land
development techniques consistent with Policy 5,6 of the Future Land Use Element.
7. The project development provides interconnection to adjacent local streets consistent
with Policy.,7.3 of the Future Land Use Element.
8. The proposed residential density of 14 units per acre is consistent with the Mixed Use
Activity Center Subdistrict which provides for mixed use development with up to 16 units
per gross acre.
Subject Property Area Is 4,02 acres x 14 units per acre = 56 dwelling units maximum.
9, The project will be ,llerved by a complete range of services and utilities as approved by
the County, Water and sewer utilities are provided by the City of Naples,
10. All final local development orders for this project are subject to the Collier County
Adequate Public Facilities Ordinance.
Page iv
Agenda Item No. 17 A
June 12, 2007
Page 58 of 160
SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
1.1 PURPOSE
The purpose of this section is to set forth the location and ownership of property, and to
describe the existing conditions of the property proposed to be developed under the
project name of Pine Ridge Mixed Use Center,
1.2 LEGAL DESCRIPTION
The subject property being 4.02:1: acres, is described as:
A lot or parcel of land lying in Lot 51, NAPLES IMPROVEMENT COMPANY'S LITTLE
FARMS according to map thereof recorded in Plat Book 2, Page 2, of the Public Records
of Collier County, Florida, which lot or parcells described as follows:
Commence at the Northwest corner of Section 15, Township 49 South, Range 25 East,
run Easterly along the North line of said section 662,3 feet; thence run Southerly for 15
feet to the Northwest corner of the East half (E1/2) of West half (W1/2) of said lot 51 to
the point of beginning: thence run South along the West line of said East half (E1/2) of
the West half (W1/2) for 316.5 feet more or less to the South line of said lot 51: thence
run East along said South line for 150 feet; thence run North parallel to said West line of
the East half (E1/2) of the West half (W1/2) for 316,5 feet more or less to a paint on the
North line of said Lot 51; thence run West along said North line for 150 feet to the point
of beginning: being West 150 feet of said East half (E1/2) of the West half (W1/2) of Lot
51, less and except the North 10' thereof.
East 150 feet of the West 300 feet of the East half (E1/2) of the West (W12) of Lot 51,
NAPLES IMPROVEMENT COMPANY'S LITTLE FARM, a Subdivision according to the
Plat thereof, as recorded in Plat Book 2, at Page 2, in the Public Records of Collier
County, Florida, less and except the Northerly 15' thereof,
A lot or parcel of land lying in Lot 51, NAPLES IMPROVEMENT COMPANY'S LITTLE
FARMS according to a map or plat thereof as recorded In Plat Book 2, at Page 2, of the
Public Records of Collier County, Florida, which lot or parcells described as follows:
From the Northwest corner of Section 15, Township 49 South, Range 25 East, run
Easterly along the North line of said section for 662.3 feet: thence run Southerly for 15
feet to the Northwest corner of the East half (E1/2) of the West half (W1/2) of said Lot
51, thence run Easterly along the North line of said Lot 51 for 375 feet to the point of
beginning of the 'Cjpds hereby conveyed. From said point of beginning run South,
parallel to the West line of said East half (E1/2) of the West (W1/2) for 316,5 feet more
or less to the South line of said Lot 51, thence run East along said South line for 75 feet,
thence run parallel to said West line of the East half (E1/2) of the West half (W1/2) for
316,5 feet more or less to a point on the North line of said Lot 51: thence run West along
Page 1-1
Agenda Item No. 17 A
June 12. 2007
Page 59 of 160
said North line for 75. feet to the point of beginning, being the East 75 feet of the West
450 feet of said East half (E1/2) of the West half (W1/2) of Lot 51.
South 105 feet of the East 125 feet of the West Y. of Lot 51, NAPLES IMPROVEMENT
COMPANY'S LITTLE FARMS as recorded in Plat Book 2, Page 2, Public Records of
Collier County, Florida.
East half (E1/2) of the West half (W1/2) except the East 125 feet and except the West
450 feet of Lot 51 less the North 15 feel for right-of-way, Lot 51 NAPLES
IMPROVEMENT COMPANY'S LITTLE FARMS as recorded In Plat Book 2, at Page 2,
Public Records of Collier County, Florida,
East 75 feet of the West 375 feet of the East half (E1/2) of the West half (W1/2) of Lot
51 less the North 15 feet for right-of-way, NAPLES IMPROVEMENT COMPANY'S
LITTLE FARMS as recorded in Plat Book 2, at Page 2, Public Records of Collier County,
Florida.
1,3 PROPERTY OWNERSHIP
The Property is owned by Grand Inn of Naples, Inc., Michael Kessous (contact) and is
hereinafter called "applicant or developer",
1.4 GENERAL DESCRIPTION OF PROPERTY AREA
A. The property is located in Section 15, Township 49 South, Range 25 East. The
Property consists of approximately 4,02 acres and is located approximately 740
feet from the southeast corner of U.S, 41 and Pine Ridge Road and off and south
of Pine Ridge Road, The Property currently supports a 105-room hotel, an 8,000:!:
square foot restaurant and approximately 30% or 1.2 acres of open space,
B. The zoning classification of the Property prior to the date of this approved PUD
Document was PUD,
1,5 PHYSICAL DESCRIPTION
The Property has the following designation relative to flood - FEMA FIRM Flood Zone X:
area of 500-year flood or area of 1 aD-year flood with expected average depth of less
than 1 foot: and areas protected by levees from 100-year flood. Community-Panel
Number 120067 0383 E: Map Revised August 3,1992.
1,6 PROJECT DESCRIPTION
Pine Ridge Mixed Use Center is a proposed mixed-use center, which will support a
maximum intensltY,9f development not to exceed commercial square footage of 10,000
square feet and 14 residential dwelling units per acre.
Page 1-2
Agenda Item No. 17 A
June 12, 2007
Page 60 of 160
1,7 SHORT TITLE
This Ordinance shall be known and cited as the "Pine Ridge Mixed Use Center Planned
Unit Development Ordinance."
..
Page 1-3
Agenda Item No. 17 A
June 12. 2007
Page 61 of 160
SECTION II
PROJECT DEVELOPMENT
2.1 PURPOSE
The purpose of this Section is to delineate and generally describe the project's plan of
development, relationships to applicable County ordinances and other project
relationships.
2.2 GENERAL
A. Regulations for development of Pine Ridge Mixed Use Center shall be in
accordance with the contents of this document, PUD-Planned Unit Development
District and other applicable sections and parts of the Collier County land
Development Code (LDC) and Growth Management Plan (GMP) In effect at the
time of issuance of any development order to which said regulations relate which
authorizes the construction of improvements, such as but not limited to Final
Subdivision Plat (if required), Final Site Development Plan, Excavation Permit and
Preliminary Work Authorization. Where these regulations fail to provide
development standards then the provisions of the most similar district in the
County Land Development code shall apply.
B. Unless otherwise noted, the definitions of all terms shall be the same as the
definitions set forth In the Collier County Land Development Code in effect at the
time of building permit application.
C. All conditions imposed and all graphic material presented depicting restrictions for
the development of Pine Ridge Mixed Use Center shall become part of the
regulations which govern the manner in which the PUD site may be developed.
0, Unless modified, waived or excepted by this PUD document or associated
exhibits, the provisions of other land development codes where applicable remain
in full force and effect with respect to the development of the land which
comprises this PUD.
E. Development permitted by the approval of this petition will be subject to a
concurrency review under the provisions of Chapter 6, Section 6,02,00 Adequate
Public Facilities of the Land Development code at the earliest or next to occur of
either final SOP approval, final plat approval, or building permit issuance
applicable to this development.
2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
A. The project Master Plan, including access locations, is illustrated graphically by
Exhibit "A" PUD Master Plan. There shall be one (1) general mixed-use tract.
Page 2-1
Agenda Item No. 17A
June 12, 2007
Page 62 of 160
TABLE I:
PINE RIDGE MIXED USE CENTER
ESTIMATED LAND USE SUMMARY
TYPE UNITS / SQUARE FOOTAGE
ACREAGE
MIXED USE 56 multi-family units.
Commercial/Restaurant 10,000
4.02:1:
Exhibit "A" is a PUD Master Plan and is an illustrative preliminary development plan,
Design criteria and layout illustrated on this supporting exhibit shall be understood to be
flexible so that final design may satisfy development objectives and be consistent with
the Project Development, as set forth in this document.
.One unit of the approved 56 multi-family units must remain dedicated as a care takers
residence for the duration of the project, unless amended by the Board of County
Commissioners through the customary PUD amendment procedure.
2.4 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE
A mixed use center with a maximum intensity of development which shall not exceed 56
multi-family units and 10,000:1: square feet maximum of commercial/restaurant. The
gross project area is 4.02:1: acres.
2,5 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 of the
appropriate Collier County governmental agency to insure compliance with the
PUD Master Plan, the Collier County Subdivision Code and the platting laws of the
State of Florida as may be applicable,
B. Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan,
Subsequent to or concurrent with PUD approval, a Preliminary Subdivision Plat, if
applicable, shall be submitted for the entire area covered by the PUD Master Plan.
Any division of property and the development of the land shall be In compliance
with Chapter 4, Section 4,03.00 of the Collier County land Development Code,
and the platting laws of the State of Florida.
C. The provisions of Chapter 10 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 Chapter prior to the issuance of a building permit or other
development,prder.
D. Appropriate instruments will be provided at the time of infrastructure
improvements regarding any dedications and method for providing perpetual
maintenance of common facilities.
Page 2-2
,
Agenda Item No. 17 A
June 12, 2007
Page 63 of 160
E. Design and construction of all improvements shall be subject to compliance with
the appropriate provisions of the Collier County Land Development Code Chapter
4.
F. The developer will make a contribution to the County's Affordable Housing Fund,
per the provisions of such contributions, in the amount of $1 ,000 per unit within 60
days of the approval of the MPUD.
2.6 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN
Amendments may be made to the PUD as provided in the Collier County Land
Development Code Section 10.02.13.
2.7 ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCE
Whenever the developer elects to create land area 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 Owners
Association or another appropriate entity whose function shall include provisions for the
perpetual care and maintenance of all common facilities and open space subject further
to the provisions of the Collier County Land Development Code, Section 10,01,13,L.
2,8 LANDSCAPE BUFFERS. FENCES AND WALLS
Landscape buffers, fences and walls are generally permitted as a principal use
throughout the Pine Ridge Mixed Use Center. The following standards shall apply:
A. Landscaping slopes shall have the following maximum side slopes:
1, Grassed slopes 3:1
2. Ground c0'vered slopes 2:1
3. Rip-Rap slopes 2:1
4. Structural walled changes in elevation - vertical
The.. above slopes are maximums and require Staff review and approval of
individual applications where such maximum slopes exceed LDC Standards.
2.9 GENERAL PERMITTED USES
Certain uses shall be considered general permitted uses throughout the Pine Ridge
Mixed Use Center PUD,
A. General Permitted Uses:
,"
1. Essential services as set forth under Collier County Land Development
Code Section 2,01.03,
2. Water management facilities and related structures,
Page 2-3
Agenda Item No. 17 A
June 12. 2007
Page 64 of 160
3. Temporary construction, sales, and administrative offices for the Developer
and Developer's authorized contractors and consultants, including
necessary access ways, parking areas and related uses,
"
,-
Page 2-4
Agenda Item No. 17 A
June 12, 2007
Page 65 of 160
SECTION III
MIXED USE DEVELOPMENT STANDARDS
3,1 PURPOSE
The purpose of this Section is to set forth the regulations for the Property designated on
Exhibit "N, PUD Master Pian, as "Mixed-Use",
3.2 No bUilding or structure, or part thereof, shall be erected, altered or uses, or land or
water used, in whole or in part, for other than the following:
A. Permitted Principal Uses and Structures:
1, Multi-family
2. Restaurant(s) without a drive through.
B. Permitted Accessory Uses and Structures
1. Accessory uses and structures customarily associated with the uses
permitted in the above districts.
2, Covered parking structures/garages.
3,3 DEVELOPMENT STANDARDS:
A. Lot Area: 10,000 square feet
B, Lot Width: 100 feet
C. Maximum BuildinQ Height & Setback Requirements:
1, Primary structures: project boundaries:
Max. Bldg.
Height
Setbacks Requirements
Front (East) Side
(West) Side
Rear
25 fl
35 fl
45 ft
25 fl
25 fl
35 ft
~:-
25 fl
50 ft
75 ft
25 ft
25 fl
35 fl
25 ft
50 ft
75 fl
2. Setback requirements for primary structures: interior boundaries: the
greater of 10 feet or half the height of the structure.
Page 3-1
Agenda Item No. 17A
June 12, 2007
Page 66 of 160
3. Setback requirements for covered parking and/or garage accessory
structures: 15 feet: except from Pine Ridge Road which requires a 20 foot
setback,
D. Distance Between Principal Structures:
A minimum of half the sum of the height of the structures, unless attached, then
none.
E. Maximum Heloht of Covered Parkino:
Twelve (12) feet.
F. Minimum Floor Area of Principal Structures:
One thousand (1,000) square feet per building on the ground floor,
G. Landscaplno:
As required in the LDC unless specified herein. All trees within buffers adjacent to
right-of-way shall be installed with a County Staff approved deep root system.
1, The following buffers are considered to meet or exceed LDC required
buffers:
a, PUD Type "D.1" Landscaped Buffer: This buffer shall have an
overall width of 20 feet. The public sidewalk has been displaced
from public right-of-way to within the subject property where
practical. This has provided desirable landscaped separation
between sidewalk and the roadway curb. The width of the displaced
sidewalk is included within the width of this buffer.
"
Tree and hedge installation shall meet the requirements of the lDC
Type D buffer,
b. PUD Type "B,1" landscaped Buffer: lDC Type B tree and hedge
requirements in addition to a masonry wall/fence or prefabricated
concrete wall/fence shall be provided: except that the spacing of the
shade trees, shall be 15 feet and the trees shall have a minimum
height at installation of 12 feet.
c. PUD Type "B.2" landscaped Buffer is required where the subject
property abuts commercially zoned property: lDC Type B tree and
hedge requirements in addition to an integrated green or black vinyl
.ocoated chain link fence shall be provided: except thallhe spacing of
the shade trees shall be 20 feel and the trees shall have a minimum
height at installation of 10 feet.
Page 3-2
r
Agenda Item-No. 17A
June 12. 2007
Page 67 of 160
2. In order to facilitate the potential retention of existing trees, no water
management or no new lines of continuous utilities shall be developed
within the required buffers,
H_ Landscapina for Off-Street Parkino:
In order to facilitate the retention of existing trees, rows of parking may contain
more than ten (10) parking spaces uninterrupted by a landscaped island provided
that an average of ten (10) or less spaces is maintained within the overall
development.
I. Open Space Reauirements:
Thirty (30) percent of the acreage of the PUD, This acreage may include the
development of open space plaza features inclusive of water elements, and
decorative pedestrian walks and seating areas enhanced by landscaping.
J. Uahtina:
The maximum height of parking lot and site lighting fixtures shall be 16 feet and
installed and located in a manner so that light shall shleided from residentially
zoned area, No neon lighting shall be visIble from the exterior of the project.
K. Parkina:
Each unit shall provide 2 parking spaces per unit.
."
Page 3-3
Agenda Item No. 17A
June 12. 2007
Page 68 of 160
SECTION IV
DEVELOPMENT COMMITMENTS
4.1 PURPOSE
The purpose of this Section is to set forth the development commitments for the
development of the project.
4.2 GENERAL
All facilities shall be constructed in accordance with Final Site Development Plans, Final
Subdivision Plans and all applicable State and local laws, codes and regulations
applicable to this PUD.
Except where specifically noted or stated otherwise, the standards and specifications of
the Land Development Code, or successor ordinance, shall apply to this project. The
developer, his successor and assigns shall be responsible for the commitments outlined
In this document.
The developer, his successor or assignee shall agree to follow the Master Plan and the
regulations of the PUD as adopted, and any other conditions or modifications as may be
agreed to in the rezoning of the property, In addition the developer will agree to convey
to any successor or assignee in title any 'commitments within this agreement.
4.3 PUD MASTER PLAN
A. Exhibit "A", PUD Master Plan, illustrates the proposed development and is
conceptual in nature. Proposed tract or special land use boundaries shall not be
construed to be final and may be varied at any subsequent approval phase such
as at final platting or site development plan application, subject to the provisions of
the Land Development Code and amendments as may be made from time to
time.
B. All necessary easements, dedications, or other instruments shall be granted to
insure the continued operation and maintenance of all service utilities and all
common areas on the Property,
4.4 ENVIRONMENTAL
A. This PUD shall be consistent with the Environmental section of the GMP
Conservation and Coastal Management Element and the LDC at the time of final
development order approval.
,,~
B. 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,
Page 4-1
,
Agenda Item No. 17A
June 12. 2007
Page 69 of 160
C, This PUO Is required to maintain 10,541 square feet of preserve /mltigation and
these areas shall minimally meet the development standards permitted by SDP-
147.
D, A Preserve Area Management Plan shall be provided to
Environmental Review Staff for approval in the first subsequent application
for SDP Amendment or new SDP after approval of this PUD. The Plan shall
delineate location of the provided 10,541 square feet (of preserve/mitigation and
shall identify methods to address treatment of invasive exotic species, fire
management, and maintenance.
4,5 TRANSPORTATION
A. All traffic control devices, signs, pavement markings and design criteria shall be in
accordance with Florida Department of Transportation (FOOT) Manual Uniform
Minimum Standards (MUMS), current edItIon, FDOT Design Standards, current
edition, and the Manual on Uniform Traffic Control Devises (MUTeD), current
edition. All other improvements shall be consistent with and as required by the
Collier County 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.
O. 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 CO.
E. Road impact fees shall be paid in accordance with Collier County Ordinance 01-
13, as amended, and Division 3,15,LDC, as it may be amended.
F, All work within Collier County rights-of-way or public easements shall require a
Right-of-way Permit.
G. All proposed median opening locations shall be in accordance with the Collier
County Access Management Policy (Resolution 01-247), as It may be amended,
and the LDC, as it may be amended, Collier County reserves the right to modify
Page 4-2
Agenda Item No. 17A
June 12. 2007
Page 70 of 160
or close any median opening existing at the time of approval of this PUD which is
found to be adverse to the health, safety and welfare of 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 County 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 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.
L. A sidewalk connection will be made from Castello Drive to the sidewalk at the
handicap parking area.
4,6 MONITORING REPORT AND SUNSET PROVISIONS
A. The Pine Ridge Mixed Use Center PUD shall be subject to the Sunset Provisions
of Chapter 10. SMtion 10,02.13,0 of the land Development Code,
B. Monitoring Report: An annual monitoring report shall be submitted pursuant To
Chapter 10, Section 10,02.13,D of the Collier County land Development Code..
,
4.7 POLLING PLACES
Pursuant to Chapter 4, Section 4.07,06, Provision of Polling Places, of the Land
Development Code, proVision shall be made for the future use of bUilding space within
common areas (If provided) for the purposes of .accommodatlng the function of an
electorai polling place, .
An agreement recqrded in the official records of the Clerk of Circuit Court of Collier
County, which shall be binding upon. any and all successors in interest that acqUire
ownership of such common areas including, but not limited to, condominium
associations, homeowners associations, or tenants associations. This agreement shall
provide for said common faCility to be used for a polling place if determined to be
necessary by the Supervisor of Elections.
Page 4-3
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Page 71 of 1 0
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June 12, 2007
Page 72 of 160
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.6f:
ORDINANCE 2005-05
Which was adopted by the Board of County Commissioners
on the 24th day of January, 2006, during Regular Session,
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 25th
day of January, 2006.
"
DWIGHT E. BROCK . ,.:..." .
Clerk of Courts'an'd"Cl~r.k:
Ex-officio to Board, o.f -:,'.
County Commissiqners " ;~
~ o~,.oc:
By: Heidi R. Roc!},~SJ.ii",
Deputy Clerk
.
Agenda Item No. 17A
June 12, 2007
Page 73 of 160
DECLARA TION OF CONDOMINIUM
FOR
~ r('Y\ fO\\\I7
'8'~'LP lJ
GRAND INN OF NAPLES
If this condominium is located in a master association or other common
property ownership community, the governing documents for the master
or other common property ownership community are not included.
The attached documents cover only the specific condominium in which
your unit is located and do not include any master or other common
property ownership community's governing documents.
PUDA-2006-AR_I0916
PROJECT #2005030054
DA TE: 12/6106
CAROLINA VALERA
,.....
, .
I !
\ '.
Prepared by:
Agenda Item .f\!o.,~~~
. "'.....,,'-' "-, ~~~ ,
Page 74 of 160
3253394 OR: 3389 PG: 0993
aC01D1D 11 OmClli UCOID. of comll COUITY, n
01/'5/2001 .t 1.;IIU DIlGl! I. 1IOCI, ~1I
DC m !!S...
.
\~S.=O
JANE YEAGER CHEFFY, ESQ.
2375 Tamiami Trail North
Suite #310
Naples, FL 34103
239.263-1130
letl:
JW tIAGIl ClIP"
ms 'WAll TI . 1m
IlPIdI n lllU
[SPACE ABOVE THIS LINE FOR RECORDING)
DECLARATION OF CONDoMINIUM
OF
GRAND INN OF NAPLES, A CONDOMINIUM
MADE this .&.cfIi\. dayof ~ .2003, by GRAND INN OF NAPLES, INC.,
a Florida COrporation, hereinafter called e "Developer", for itself and its successors, grantees and
assigns,
WHEREIN the Developer makes the following declarations:
I. rHE LANQ; The Developer owns certain real property located in Collier County, Florida,
as more Particularly described on Exhibit "A" attached hereto (the "Land").
2. SUBMISSION STATEMENt: The Developer bereby submits the Land and all
improvements erected or to be erected thereon, all easements, rights and appurtenances belonging
thereto, and all other property, r'eaI, personal or fixed, located on and intended for use in connection
therewith, to the condominium Conn of Ownership; excluding therefrom, however, anypublic utility
installations, cable television lines, and other similar equipment that are owned by the utility
furnishing services to the Condominium. The covenants and restrictions contained in this
Declaration shall run with the land and bC binding upon and inure to the benefit of all present and
. future Owners. The acquisition of title to a Unit, or any other interest in the condominium property,
or the lease, OCCupancy, or use of any ponion of the condominium property shall constitute an
acceptance and ratification of all provisions of this Declaration as it may be amended from time to
time, and shall signifY agreement to be bound by its terms, The provisions of this Declaration shall
be liberally construed to effectuate the purpose of creating a uniform plan oC condominium
Ownership.
3. NAME: The name by which this eondominium shall be identified is The Grand Inn of
Naples, a Condominium, (the "Condominium") and its address is 1] 00 Pine Ridge Road, Naples,
Florida 34108.
,
I'
Agenda Item No. 17A
< 0 7
. . ~ . .. . ,\.
Page '75 of 160. ;.
OR: 3389 PG: 0994
4. DESCRIPTION OF IMPROVEMENTS: SURVEY AND PLANS:
4.1 Survey and Plot Plans. This Condominium consists of two Units, the "Hotel Unit"
and the "Restaurant Unit". Attached hereto as Exhibit "B", and incorporated by reference herein, are
a survey of the Land, and a plot plan, which graphically describe the improvements in which the
Units are located, and which show the Units inclUding their locations and the common elements.
4.2 Unit Boundaries. The Units consist of the land and the improvements thereon as
shown on the attached Exhibit "B"..
S. CONDOMINIUM PARCELS: APPURTENANCES AND USE:
5.1 Shares of Ownership. The Owner of the Restaurant Unit shall own an undivided 25%
share in the COmmon elements and the common sUlplus, and the Owner of the Hotel Unit shall own
an undivided 75% share in the common elements and the COmmon swplus.
5.2 Aoourtenances to P.ll"" Unit. The Owner of each Unit shall have certain rights and own
a certain interest in the condominium property, including without limitation the following:
(A)
An undivided Ownership share in the common elements and the common swplus.
as specifically set forth in Section 5.1 above. .
(B) Membership and voting rights in the Association, which shall be acquired and
exercised as provided in the Articles oC IncolpOration and the Bylaws of the
Association attached hereto as Exhibits "CO and "D" respectively.
(C) The non-exclusive right to use the common elements.
(0) An exclusive easement for the use of the airspace occupied by the Unit as it exists on
the date hereof. '
(E) Other appurtenances as may be provided in this Declaration and its exhibits.
Each Unit and its appurtenances constitutes a "condominium parcel".
5.3 Use and Possessiol.l. Except Cor the rights of the Doveloporto sell andlor alter the Hotel
Unit as set forth in paragraphs 5.5 and 5.6 below, each Unit Owner is entitled 10 use the COmmon
elements in accordance with the purposes for which they are intended, bul no use of the Unit or of
the common elements may unreasonably interfere with the rights of the other Unit Owner or other
persons having rights to use the condominium property.
Declaration of Condominium
Page 2
"
Agenda Item No. 17A
. "-'T';' .'....". ".June 12 290<,..
. . Page 76 ~f 160 ..
OR: 3389 PG: 0995
5.4 Subdivision oC Units. No Unit as originally conveyed by the Developer 10 a Unit
Owner may be divided or reconfigured or any ponion of the Unit sold, or otherwise conveyed
without the prior approval of, all lien holders oithe Unit and 100% of the Voting Interests of the
Association, unless required by any govcnunental entity. All costs associated with any such
conveyance shall be borne by the Unit Owner including the costs of amending this Declaration.
5,5 Develoocr's Ri2hts. Anything to the contrary contained herein notwithstanding, with
rcspectto the Hotel Unit, the Developer, on behalf of itself, its designees, nominees, successors and
assigns reserves the right to divide or reconfigure the Hotel Unit, 10 convert the Hotel Unit to a hotel
condominium, with units to be sold to separate purchasers, if Developer 50 desires, or to an office
building, or to an office condominium, or to rental apartments ortimesharcs or any other type oiuse
that the Developer chooses, in Developer's sole discretion, so long as: (i) any such uses shall comply
with governmental regulations; (ii) the Cootprint of the Hotel Unit does not change; and (iii) the
Hotel Unit's percentage of ownership remains 75%.
5.6 Sales Activitv, For as long as there arc any unsold Units or Units leased to the
Developer, the Developer, its designees, nominees, successors and assigns, shall have the right to
use any such Units and pans of the Common Elements for model units and sales offices, to show
model units and use Units as guest suites and to show and use the Common Elements to prospective
purchasers and tenants of Units, and to creel on the Condominium Property signs and other
promotional matcrialto advertise Units for sale or lease,
6. COMMON ELEMENTS: EASEMENTS:
6,1 Definition. The term "common clements" means all of the Land and improvements
thereon submitted to condominium ownership that is not within the Restaurant Unit or the Hotel Unit
boundaries as shown on Exhibit "B", and include without limitation, the landscaping, the roadways
and sidewalks thereon.
6.2 Easements, Each bf the following easements and easement rights is reserved through
the condominium property and is a covenant running with the land of the Condominium, and
notwithstanding any oithe other provisions of this Declaration, may nol be revoked. None ofthesc
easements may be encumbered by any leasehold or lien other than those on the condominium
parcels, Any lien encumbering these easements shall automatically be subordinate to the rights of
Unit Owners with respect to such easements.
(A) Utility and other Easements. The Associati.on has the power, without the joinder of
any Unit Owner, to grant, modify or move easements such as electric, gas, cable
television, or other utility or service easements, or relocate any existing easements,
in any portion of the conunon elements, and to g!1lI11 access easements or relocate any
existing access easements in any portion of the common elements, as the Association
shall deem necessary or desirable for the proper operation and maintenance of the
Declaration of COl1l:lominium
Page 3
,
Anenda Item No. 17A
.": .q.. .; june',12"'20,or,,":,'
OR: 3389 PG: og~r7 of 160
-e_
Condominiwn, Such easements, or the relocation of existing easements, may not
prevent or unreasonably interfere with the use of the Restaurant Unit or the Hotel
Unit. The Association may also transfer title to utility-related equipment, facilities
or material, and to take any other action to satisty the requirements of any utility
company or governmental agency to which any such utility-related equipment,
facilities or material are to be so transferred.
(B) Encroachments. If any Unit encroaches upon any of the common elements for any
reason other than the intentional act of the Unit Owner, or if any common element
encroaches upon any Unit, then an easement shall exist to the extent of that
encroachment as long as the encroachment exists,
(C) In2reSS and Esrress. A non-exclusive easement shall exist hi favor of each Unit
Owner and occupant, their respective guests, tenants, licensees and invitees for
pedestrian traffic over, through, and across sidewallcs, streets, paths, wallcs, and other
portions of the common elements as from time to time may be intended and
designated for such purpose and use, and for vehicular and pedestrian traffic over,
through, and across such portions of the common elements as from time to time may
be paved or intended for such purposes, and for purposes of ingress and egress to the
public ways.
6.3 Restraint Upon Senaration and Partition. The undivided share of OVo1lership in Ihe
common elements and common swplus appurtenant to a Unit cannot be conveyed or encumbered
separately from the Unit and shall pass with the title to the Unit, whether or not separately described.
As long as the Condominium exists, the common clements cannot be partitioned. The shares in the
funds and assets of the Association cannot be assigned, pledged or transferred except as an
appurtenance to the Units,
7. ASSOCIA nON: The operation of the Condominium is by The Grand Inn of Naples
Buildi.'1g Association, aFlorida'corporation not for profit, which shall perfonn its function pursuant
to the following:
7. I Articles ofIncorooratio'l' A copy of the Articles oflncofFOration of the Association
is attached as Exhibit "C",
7.2 Bvlaws. The Bylaws of the Association shall be the Bylaws attached as Exhibit "0",
as they may be amended from time to time.
7.3 Membership. The membership of the Association shall be comprised of the Owners
of the two Units, as further provided in the Bylaws (hereinafter sometimes referred to as the
"Members').
Declaration of Condominium
Page 4
Agenda Item No. 17A
. .. .,- '~', .".~-.":"~W:":r' Jvrte'1~: ~." ~
. Page'78 oi 16€l
OR: 3389 PG: 0997 '
7,4 Official Records. The Association shaH maintain its Official Records as required by
law. The records shaH be open to inspection by Members or their authorized representatives at all
reasonable times. The right to inspect the records includes a right to make or obtain photocopies at
the reasonable expense of the Member seeking copies.
8. ASSESSMENTS AND LlE~S: The Association has the power to levy and collect
assessments against each Unit and Unit Owner in order to provide the necessary funds for proper
operation and management of the Condominium and for the operation of the Association. This
power includes both "regular" 3SSesslpents for each Unit's share of the common expenses as set Corth
in the annual budget and "special" assessments Cor unusual, nonrecurring or unbudgeted common
expenses. The Association may also levy special charges against any individual Unit Cor any
amounts. other than Cor common expenses, which are reasonably and properly chargeable against
such Unit under this Declaration or the Bylaws. Assessments shall be levied and payment enforced
as provided in the Bylaws, and as follows:
8.1 Common EXDenses. Common expenses include all expenses of the operation,
maintenance, repair, replacement, or insurance oCthe COmmon elements, the expenses of operating
the Association and any other expenses properly incumd by the Association Cor the Condominium,
including any amounts budgeted Cor the pwpose oCfunding reserve accounts. The AsSociation may
obtain security selVices, which would become a common expense, Provided, however, that the
Association shall not hold in reserve funds greater than $25,000.00, but this "cap" on reselVes shall
not interfere in any way with the right oCthe Association to levy special assessments in excess of thaI
amOunt against the Unit Owners whenever required Cor the maintenance or replacement of the
Common Elements or unusual, nonrecurring or unbudgeted common expenses.
8,2 Share of Common EXDenses, The Hotel Owner shall be responsible for 75% of the
common expenses and the Restaurant Unit shall be responsible Cor 25% of the common expenses.
8.3 ADDlication oC P~vments: Failure to Pav: Interest. Assessments and installments
thereon paid on or before ten (10) days after the date due shall not bear interest, but all sums not so
paid shall bear interest at the highest rate allowed by law, calculated from the date due until paid.
The Association may also impose a late payment fee (in addition to interest) in the amount of 5%
of the delinquent amount. Assessments and installments thereon shall become due, and the Unit
Owner shall become liable Cor said aSsessments or installments, on the date established in the Bylaws
or othelWise set by the Association for payment. All payments on account shall be applied first to
interest,late payment Cees, court costs and attorney's fees, and delinquent assessments, in that order.
The Association may refuse 10 accept a partial payment which bean a restrictive endorsement and
such will be the equivalent of no payment. No payment by check is deemed received until the check
has cleared,
8,4 Acceleration, IC any special assessment or installment of a regular assessment as to
a Unit becomes more than thirty (30) days past due, and a Claim ofUen is recorded,the ASSOCiation
Declaration of Condominium
Page 5
.
.... ..Ag~n"" I(em No. 17A
..... ',. ....,,<;',~ ..'i'1~~"^""O .,,~
. ' 'June. L ",,-,,,7 ..,.
OR: 3389 PG: dm 79 ~f 160
shall have the right to accelerate the due date of the entire unpaid balance of the Unit's assessments
for that fiscal year. The due date for all accelerated amounts shall be the date the Claim onien was
recorded in the public records. The Association's Claim of Lien shall secure payment of the entire
accelerated obligation, together with interest on the entire balance, attorneys' fees and costs as
provided by law; and said Claim of Lien shall not be satisfied or released until all sums secured by
it have been paid. The right to accelerate shall be exercised by sending to the delinquent Owner a
notice of the exercise, which notice shall be sent by certified or registered mail to the Owner's last
known address, and shall be deemed given upon mailing of the notice, postpaid.
8.5 Lima. The AssociatIon has a lien on each condominium parcel securing payment of
past due assessments, including interest and attomey's fees and costs incUITed by the Association
incident to the collection of the assessment or enforcement ofthe lien, whether before, during or after
a lien foreclosure suit. The lien is perfected upon recording a Claim of Lien in the Public Records
of Collier County, Florida. The lien is in effect until barred by law. The Claim ofUen secures all
unpaid assessments coming due prior to a final judgment of foreclosure. Upon full payment, the
person making the payment is entitled to a satisfaction oCthe lien.
8.6 Priority ofLien. The Association's lien for unpaid assessments shall be subordinate
and inferior to any recorded institutional mortgage or mortgage of the Developer unless the
Association's Claim of Lien was recorded prior to the mortgage. The Association's lien shall be
superior to, and take priority over, any other mortgage or lien regardless of when the mortgage was
iecorded. Any lease of a Unit shall be subordinate and inCerior to the Association's lien, regardless
of when the lease was executed.
8.7 Foreclosure of Lien. The Association Inay bring an action in its name to foreclose
its lien for unpaid assessments in the manner provided in Chapter 718, florida Statutes, the
Condominium Act, and may also bring an action to recover a money judgment for the unpaid .
assessments without waiving any lien rights.
8.8 Certificate As To Assessments. Within fifteen (15) days after receiving written
request by a Unit Owner or mortgagee, the Association shall provide a certificate (sometimes
referred to as an "estoppel letter") stating whether all assessments and other monies owed to the
Association by the Unit Owner with respect to the condominium parcel have been paid. Any person
other than the Owner who relies upon such certificate shall be protected thereby.
9. MAINTENANCE: LIMIT A TrONS UPON Al,TERATIONS AND IMPROVEMENTS:
Responsibilityforthe protection, maintenance, repair and replacement of the condominium property,
and restrictions on its alteration and improvement shall be as follows:
9.1 Association Maintenance. The Association is responsible for the protection,
maintenance, repair and replacement of a1l common elements, The cost is a common expense. The
Association's responsibilities include, without limitation:
Declaration of Condominium
Page 6
AQenda Item No. 17A
.' . June.n.,..:25(}:),':?'.
OR: 3389 PG: 099r 80 01160 ';
(A) Infrastructure not dedicated to Collier County and the irrigation and stonn Water
drainage system,
(B) Landscaping and exterior lighting, except lighting attached to or used in connection
with, a Unit.
9.2 Unit Owner Maintenance. Each Unit Owner is responsible for all maintenance,
repairs, and replacements with regard to the Owner's own Unit. The Owner's responsibilities
include, without limitation:
maintenance, repair and replacement oC both the interior and the exterior of the building and its
fixtures, including without limitation, the roof, screens, waterproofing, paint, windows and window
glass, the entrance door and all other doors within or affording access to the Unit inclUding its
exterior and its interior surface, the electrical, mechanical and plumbing fixtures and outlets
(including connections), the circuit breaker panel, appliances and water heaters, all air conditioning
and heating equipment, ducts and installations, carpeting and other floor covering, door and window
hardware and locks.
9,3 Other Unit Owner Resoonsibilities. The Unit Owner shaIl also bave the fOllOwing
responsibilities:
(A) Common Areas. The common green spaces and other common areas shall not be
obstructed, littered, defaced or misused in any manner, inCluding but not limited to
unapproved signs, fliers and the like.
(B) BuildinB Exterior. No Unit Owner shall paint, decorate or change the appearance of
the exterior portion of the Unit or the common elements, without the prior wriuen
consent of the Association.
9.4 Alteration to Units. Limited Common Elements or Common Elements bv Unit
Owners. Except as provided ill this paragraph, a Unit Owner shall not make any alterations to his
or her Unit which would add to or remove any portion of the common elements, nor do anything
which would adversely affect the safety or soundness of any portion of the condominium property.
Subject to the foregoing, a Unit Owner shall have the right to make alterations within a Unit without
the prior approval of the Association so long as the changes are in compliance with all applicable
building codes. The Association may require submission of detailed plans for any such alterations
in advance, and may grant or deny approval or require modifications of the plans. Any glass, screen,
cUrtain, blind, shutter, awning, or other similar struCture which may be installed where visible from
outside the Unit is subject 10 regulation by the ASSOCiation, No Owner may alter the landscaping in
any way without prior Association approval.
9,5 Alterations and Additions to Common Elements. The protection. maintenance, repair.
insurance and replacement of the common elements is the responsibility of the Association and the
Declaration of Condominium
Page 7
.
N 17A
. 'June 12, ':?OO(':
OR: 3389 PG: 10tiOge 81 of 160
. .
cost is a common expense. Beyond this function, the Association shall make no material alteration
of, nor substantial additions to, the common elements, which result in a material expense or a
material change in the common elements without the prior approval ofat least 100% of the voting
interests unless required by a govenunental agency.
9.6 Enforcement ofMaintenan~. If after reasonable notice the Owner of a Unit fails to
maintain the Unit as required above, the Association shall have the right to institute legal
proceedings to enforce compliance, or when necessary, to prevent damage to the common elements
or to the other Unit, may take any and ali other lawful actions to remedy such violation. Any
expenses incumd by the Association in perfonning work Within the Unit as authorized by this
Declaration shall be charged to the Unit Owner, together with reasonable attorney's fees and other
expenses of collection, if any.
9.7 NC2li2ence: Dama2e Caused bvCondition in Uni\. Each Own~ shall be liable for
the expenses of any maintenance, repair or replacement of common elemenis or pmonal property
made necessary by his or her act or negligence, or by that of any of his or her guests, employees,
agents, or tenants. Each Unit Owner has a duty to maintain his or her Unit and personal property
therein in such a manner ~ to prevent foreseeable and reasonably preventable damage to the
common clements or the property of the other Owner. If any condition, defect or malfunction
existing within a Unit, resulting from the Owner's failure to perfonn this duty, shall cause damage
to the common elements or property within the other Unit, the Owner of the offending Unit shall be
liable to the person or entity responsible for repairing the damaged property for all costs of repair or
replacement not paid by insurance. If a Unit is not occupied at the time the damage is discovered,
the Association may enter the Unit without prior notice to the Owner and take reasonable action to
mitigate damage or prevent its spread to the common elements or to the other Unit.
9.8 Association's Access to Units. The Association has a reasonable right of access to
the Units during reasonable hours for the pwposes of maintaining, repairing and replacing the
common elements, and as necesSlllyto prevent damage to the common clements or to the other Unit.
The exercise of the Association'S rights of access to the Unit shall be accomplished with due respect
for the rights of occupants to privacy and freedom from unreasonable annoyance, as well as with
appropriate notice and precautions to protect the personal property within the Unit.
10. USE Rl<""~TRIcrIONS: The use of the condominium property shall be in accordance with
the following provisions:
10.1 Rcslaw'ant Unit. For a period of fifteen (IS) years after the date of the recording of
a deed to the Restaurant Unit, the Restaurant Unit shall be used for a Bennigan's Restaurant or
another full service restaurant chain of the same or similar quality as Bennigan's, including semng
breakfast, lunch, dinner and room service, Notwithstanding the foregoing, the obligation to provide
brcaIcfast and room semcc shall permanently tcnninate at such time as the then-<:urrent franchisor
of the Hotel Unit no longer.so requires, regardless of whether such franchisor or any subsequent
Declaration of Condominiwn
Page 8
r'
.. ':' ",:
Aqenda Item No. ~~I\
. . ". . JUlIe _I...., ........-~.. ""
. Page 82 of 160
OR: 3389 PG: 1001
franchisor later so requires.
10.2 Common Element~. The COmmon elements shall be used only for the pwposes for
which they are intended in the furnishing of services and facilities for the enjoyment of the Units.
10.3 SilInS. Advertising. No Owner, tenant, or OCCUpant of a Unit shall place or maintain
any advertising matter visible from the exterior of his Unit, or install any sign, awning or canopy,
decoration, lettering, or advertising matter or other thing of any kind on any exterior door, wallar
window of the common elements unless it confonns to alllocaJ and slJlte governmental zoning codes
and any other applicable laws or regulations.
10.4 Lawful Use, No unlawful use shall be made of the condominium property nor any
part of it; and all valid laws, zoning ordinances and regulations of all governmental bodies having
jurisdiction shall be observed. The responsibility of meeting the requirements of governmental
bodies for maintenance, modification or repair of the condominium property shall be the same as the
responsibility for the 'maintenance and repair oC the property concerned.
10.S Nuisancel$. No Owner shall use his or her Unit, or permit it to be used, in any manner
which constitutes or causes an unreasonable amount of annoyance or nuisance 10 the occupant of the
other Unit, or which would not be consistent with the maintenance of the highest sllllldards for a firsl
class commercial condominium, nor pennit the premises to be used in a disorderly or unlawful way.
The' use of each Unit shall be consistent with existing laws and the condominium documents, and
occupants shall at all times conduct themselves in a peaceful and orderly manner.
I 0.6 ~. No Unit Owner may post or display "For Salc", "For Rent", "Opco House" or
other similar signs anywhere on the condominium propcny.
J I. SAI.E. LEASE OR SUBLEASE OF UNIT&
11.1 Transfer of UnitS. A conveyance or encwnbrance oCa portion ofa UnitshalJ include
the COrresponding portion oCthat Unit's interest in the common elements.
11.2 Rimt ofRefll"" I in Sale OfRestallrnnt UI1i1. The Restaurant Unit Owner shall not sell
all or any part oChis or her Unit, without affording first to the Hotel Unit Owner, the prior right to
purchase the Unit on the same terms and conditions as the Restaurant Unit Owner has received for
the purchase in a bona fidc otTer (an "OtTcr") in writing, binding upon the offeror. At least thirty (30)
days prior wrinen notice of the closing of such proposed transaction, shall bc given to the Hotel Unit
Owner, together with the namc and address of the proposed purchaser, a copy of the executed
contract for sale, and any other inConnation the Hotel Unit Owner may reasonably require, Thc
Hotcl Unit Owner shall havc a first right of refusal to purchase the Unil upon the same pricc and
terms as stated in the executed contract. The first right of refusal shall tenninate twenty (20) days
after thc giving ofwrinen noticc to thc Hotel Unit Owner, and closing shall takc placc within sixty
Declaration of Condominium
Page 9
I
, '
Agenda Item No. 17 A
....- ',.- .' . June 12. ~QO("
Page 83 of 160
OR: 3389 PG: 1002
(60) days oCthe exercise of the right of refusal unless the time for closing is extended by consent of
both panies. Ifno exercise ofa right of refusal occurs, the proposed sale may take place on terms
and at a price not substantially more favorable to the proposed purchaser than those in the executed
contract provided to the Hotel Unit Owner. A lowering of the price shall require a re-notice and the
rights of refusal in the Hotel Unit Owner as set fonh above. The exercise of a right of first refusal
as provided herein shall be effective upon delivery by hand, by facsimile, bye-mail or by certified
mail to the Restaurant Unit Owner ofa written notice ofintentto exercise. Anything to the contrary
contained in this paragraph 11.2 notwithstanding, the Hotel Unit Owner's right of fint refu.sal, shall
be a one-time right, and after being exercised once, it shall terminate.
11.3 Rillht of Refusal in Lease of Restaurant Unit. The Restaurant Unit Owner shall not
lease or sublease all or any part of his or her Unit, without affording fintto the Hotel Unit Owner,
the prior right to similarly lease or sublease the Unit on the same lenns and conditions as the
Restaurant Unit Owner has received for the lease or sublease in a bona fide offer (an "Offer") in
writing, binding upon the offeror. At least thirty (30) days prior written notice of the commencement
of such lease or sublease, shall be given to the Hotel Unit Owner, together with the name and address
of the proposed lessee, a copy of the executed lease or sublease, and lIIIyother infonnation the Hotel
Unit Owner may reasonably require. The Hotel Unit Owner shall have a first right of refusal 10 lease
or sublease the Unit upon the same price and terms as stated in the executed lease. The first right
ofrefusaJ shalltenninate twenty (20) days after the giving oCwritten notice to the Hotel Unit Owner,
and the lease shall commence within sixty (60) days of the exercise of the right of refusal unless the
time for commencement is extended by consent of both parties. If no exercise of a right of refusal
occurs, the proposed lease or sublease may take place on tenns and at a rental price not substantially
more favorable to the proposed lessee than those in the executed lease provided to the Hotel Unit
Owner. A lowering of the rent shall require a re-notice and the rights oC refusal in the Hotel Unit
Owner as set Corth above. The exercise of a right offirst refusal as provided herein shall be effective
upon delivery by hand, by facsimile, bye-mail or by certified mail to the Restaurant Unit Owner of
a written notice of intent to exercise. Anything to the contrary contained in this paragraph 11.3
notwithstanding, the Hotel Unit Owner's right of first refusal, shall be a one-time right, and after
being exercised once, it shall telminate.
11.4 Subordination. The Hotel Unit Owner's right oCrefusal for sales and leases shall be
subordinate to the rights oC the initial institutional mortgagee of the Restaurant Unit. Provided,
however, that such mortgagee by virtue of accepting a mortgage on the Restaurant Unit, on behalf
of itself, its successors and lor its assigns, understands and agrees that any lessee or purchaser of the
Restaurant Unit must be bound by the covenants, restrictions, lenns and conditions of this
Declaration, including but not limited 10 the provisions of the Use Restrictions contained in Section
10 of this Declaration, as well as all of the other terms covenants, conditions and restrictions
contained in the Articles of Incorporation, the Bylaws and the Rules and Regulations, as the same
may be amended from time-to-time.
II.S Requirement of Association Aoomval of Offer. A Unit Owner receiving an offer to
Declaration of Condominiwn
Page I 0
Agenda Item No. 17 A
') 7
' . . '" . ," ~., --.~..".... ': '.', ....,...........
. . Page 84 ofl6.0'
OR: 3389 PG: 1003
purchase or to lease its Unit shall give prompt prior written notice to the Association, which notice
shall consist of a complete copy of such offer to purchase or to lease. The Association shall
promptly review the offer and shall notity the Owner in writing, by facsimile, e-mail or certified
mail, within fifteen (J S) days after receipt of such notice as to whether or not the transaction
contemplated by the offer is approved by the Association. The Association shall not unreasonably
withhold its approval. The right of the Association to approve the'offershall tenninate ten (I 0) years
after the date of recording the deed to the Restaurant Unit Owner. Provided, however, that the
Restaurant Unit Owner, by acceptance of a deed from the Developer, on behalf of itself, its
successors and lor its assigns, understands and agrees that any lessee or purchaser of the Restaurant
Unit must be bound by the COVenants, restrictions, terms and conditions of this Declaration,
including but not limited to the provisions of the Use Restrictions contained in Section 10 of this
Declaration, as well as all of the other tcnns covenants, conditions and restrictions contained in the
Articles of Incorporation, the Bylaws and the Rules and Regulations, as the same may be amended
from time-tll-time.
12. INSURANCE: In order to adequately protect the Association and its Members, insurance
shall be carried and kept in force at all times in accordance with the following provisions:
12.1 The Unit Owner. Each Unit Owner is responsible for insuring his or her own Unit,
including building hazard insurance covering loss or damage by fire, extended coverage, including
windstonn, vandalism and malicious mischief, and other hazards covered by the slanda'd "All Risk"
property contract, flood insurance in amounts deemed adequate by the Association, as available
through the National Flood Insurance Program, and premises and operations liability for bodily
injury and property damage in such limits of protection and with such coverage as are determined
by the Association, with cross liability endorsement to cover liabilities of the Unit Owners as a grollp
to a Unit Owner, Each Unit Owner is responsible Cor insuring the personal property in the Unit.
Each Unit Owner is expected to cany content's insurance, with endorsements for leakage, seepage
and wind-driven rain, additions and alterations, and loss assessment protection, or recognize that he
or she bears financial responsibility for any damage to his or her property otherwise covered by such
insurance.
12.2 Association Insurance: Duty and Authority to Obtaig, The Association shall obtain
and keep in force the insurance coverage which it is required to carry under the condominium
documents, and may obtain and keep in fon:e any or all additional insurance coverage as it deems
necessary. The name of the insured shall be the Association and the Unit Owners, and their
mortgagees, as their interests shall appear.
12.3 Reauired Liabilifv Coverage. The Association shall maintain adequate insurance
covering all of the common element in amounts determined annually by the Members, such
insurance to afford Premises and operations liability for bodily injury and property damage in such
limits of protection and with such coverage as axe detennined by the Members, with cross liability
endorsement to Cover liabilities of the Unit Owners as a group to a Unit Owner.
Declaration of Condominium
Page 11
,
Agenda Item No. 17 A
''', . .... "'P'ag';8's~:16ii.'
OR: 3389 PG: 1004
12.4 OotionaJ CoveraRe. The Association may purchase and carry other such insurance
coverage as the Members may detennine to be in the best interest of the Association and Unit
Owners.
(A) Broad Fonn Comprehensive General Uability Endorsement.
(B) Officers Liability,
(C) Medical Payments.
12.5 DescriDtion ofCovera2e. A detailed summary of the coverage included in the master
policies, and copies of the master policies, shall be available tor inspection by Unit Owners or their
authori:ted representatives upon request. .
12.6 Insurance Proceeds. AIl insurance policies purchased solely by the Association shall
be for the benefit of the Association, the Unit Owners and their mortgagees as their interests may
appear, and all proceeds shall be payable to the Association. The duty of the Association shall be
to receive such proceeds as are paid and hold and disburse the same in trust Cor the pwposes stated
herein and for the benefit of the Unit Owners and their respective mortgagees in the following
shares:
(A) Common Elements. Proceeds on account of damage 10 COmmon elements shall be
held in as many undivided shares as there are Units, the shares of each Unit Owner
being the same as his or her share in the COmmon elements.
(B) ~. Proceeds on account ot damage within the Units shall be held in undivided
shares based on the prorated amount of damage within each damaged Unit as a
percentage of the lotal damage within all Units.
(C) Mort2a2ee. If a mortgagee endorsement has been issued as to a Unit, the shares ot
the mortgagee and the Unit Owner shall be as their interests appear, In no event shall
any mortgagee have the right to demand application of insurance proceeds 10 MY
mortgage or mortgages which it may hold against Unit or Units, except to the extent
that insurance proceeds exceed the actual cost of repair or restoration of the damaged
building or buildings. No mortgagee shall have any right to participate in
detennining whether improvements will be restored after casualty. .
12.7 Distribution of Proceeds. Proceeds of insurance policies received by the Association
shall be distributed to or for the benefit of the Unit Owners in the CoIlowing manner:
(A) Cost of Reconstruction or Reoair. If the damage for which the proceeds are paid is
to be reconstructed or repaired by the Association, the remaining proceeds shall be
Declaration of Condo mini urn
Page 12
Aqenda Item No. 17A
, ,"'-...,,,,, .:., ~,[~~ ..
. Page 86 of 160
r OR: 3389 PG: 1005
r "". ""'y""'_ ._r. /my """'" -.;'. .ft.."",,", ,..,,,,.,,
be distributed to the beneficial Owners, remittances to Unit Owners and their
mortgagees being paid jointly to them.
(B) Failure to Reconstruct or Rcn:u[. If it is determined in the manner. elsewhere
provided herein that the damages for which the Proceeds are paid shall not be
reconstructed or repaired, the remaining proceeds shall be distributed to thc
beneficial Owners, remittances to Unit Owners and their mortgagees being payable
jointly to them.
12.8 A"-'iation as All"'1l. The Association is hereby irrevocably appointed as agent for
each Unit Owner to adjust all claims arising under insurance policies purchased by the Association
for damage or loss to the condominium property.
13. RECONSTRUCTION OR REPAIR AJi"lTR CASUAI.TY~ If any part of the
condominium property is damaged bYCllSUalty, whether and how it shall be reconstructed or repaired
shall be detennined as follows;
13.1 Damalle to Uni~, Where loss or damage occurs within one or both Units, if there are
any Association insurance proceeds on account of the loss or damage, then those Proceeds, less the
deductible, shall be distributed to the OWner(s) of the damaged Unites) in their respective shares.
The Owner(s) of the dalnaged Unites) shall be responsible for reconstruction and repair.
13,2 Damalle to Common Elemen~. Where loss or damage occurs 10 the common
clements, it shall be mandatory for the Association to repair, restore and rebuild the damage caused
by the loss, and the fOllowing procedures shall apply;
(A) The Association shall promptly obtain reliable and detailed estimates of the cost of
repair and restoration, and shall negotiate and contract for repair and reconstruction.
,
(B) If the Proceeds of insurance and available reserves are insufficient to pay for the cost
of repair and reconstruction of the cOmmon elements, the Association shall promptly,
upon detennination of the deficiency, levy a special assessment against all Unit
Owners in Proportion to their shares in the COmmon elements for the defiCiency.
Such special assessments need not be approved by !he Unit Owners. The special
assessments shall be added to the funds available for repair and restoration of the
property.
13.3 Aoolication of InSurance ProceM~. It shall be presumed that the first monies
disbursed for repair and restoration are from the insurance proceeds; if there is a balance in the funds
held by the Association aller the payment of all costs of repair and restoration, such balance shall
be distributed to the Unit Owners,
Declaration of Condominium
Page ]3
.
r
Agenda Item .t-;!o.~~~~
. '-"...,,'- "-, .
Page 87 of'160
OR: 3389 PG: 1006
13.4 Plans and SDecification~. Any reconstruction or repairs must be substantially in
accordance with the plans and specifications for the original buildings, or according to different
plans and specifications approved by the Association and by the Primluy Institutional Mortgagee,
if any.
14. CONDEMNATIOll!:
14.1 Deoosit of Awards with A...ndatiQIl. The taldng of all or any part of the Common
Elements by condemnation or eminent domain shall be deemed to be a casualty to the portiOIl taken
and the awards for that taking shall be deemed to be proceeds from insurance on account of the
casualty. Even though the awards may be payable to Unit Owners, the Unit Owners shall deposit
the awards with the Association; and if any fail to do so, a special charge shall be made against a
defaulting Unit Owner in the amount ofms or her award, or the amount of that award shall be set
off against any sums payable to that Owner. In the event of a taking of all or any part of a Unit or
Units the proceeds shall be distributed to that Unit Owner(s) in their respective shares.
14.2 Determination WhethertoContinueCondominfum. Whether the Condominium will
be'continued after condemnation will be determined in the same manner provided for determining
whether damaged property will be reconstructed and repaired after a casualty.
14.3 Disbursement of Funds. If the Condominium is terminated after condemnation, the
proceeds of all awards and special assessments will be deemed to be condominium property and
sball be owned and distributed in the manner provided for insurance proceeds when the
Condominium is terminated after Ii casualty. If the Condominium is not terminated after
condemnation, the size of the Condominium will be reduced, the Owners of condemned Units, if
any, will be made whole, and any property damaged by the taking will be made usable in the manner
provided below. Proceeds of awards and special assessments shall be used for these purposes and
shall be disbursed in the manner provided for disbursements of fimds after a casualty.
14.4 Talc!"\! ofCommbn Elements. Awards for the taking of common elements shall be
used to make the remaining portion of the common elements usable in a manner approved by the
Association. The balance of such awards, if any, shall be distributed to the Unit Owners in the shares
in which they own the common elements after adjustment of these shares on account of the
condemnation, if any.
14.$ Amendment ofDeclaratiol]. Any changes in Units and in the common elements, in
the Ownership of the common elements, and in the sharing of common expenses that are
necessitated by condemnation shall be accomplished by amending this Declaration.
IS. TERMTN 4. nON: The Condominium may be terminated in the follOwing manner:
15.1 A~ent. The Condominium may be terminated at any time by written agreement
Declaration of Condominium
Page ]4
Aqenda Item No.~ 17 ~
. '.. . VUII<;:O ,....., ;- _. .
Page' 88 of 160 .
OR: 3389 PG: 1007
of the Owners of one hundred percent (100%) of the Units, and the Primary Institutional Mortgagee.
IS.2 General Provision~. Upon termination, the fonner Unit Owners shall become the
Owners, as tenants in common, of all condominium property and the assets of the ASSOciation. The
shares of such tenants in common shall be the same as were their shares of the common elements.
The mortgagee or lienor ofa Unit Owner, shall have a mortgage or lien solely and exclusively upon
the undivided share of such tenant in common in and to the lands and other propCl1ies and rights
which he or she may receive by reason of such termination. The termination of the Condominium
shall be evidenced by a certificate of the Association, executed with the fonnalities of a deed, and
certitying as to the Cacts effecting the termination. Termination shall become effective when that
certificate is recorded in the Public Records of Collier County, Florida.
IS.3 New CondominiUll]. The termination of the Condominium does not bar creation of
another Condominium affecting all or any portion of the same property.
IS.4 Partition: SaJ~. Following termination, the fonner condominium property may be
partitioned and sold upon the application of any Unit Owner. If following a termination, at least
seventy-five percent (7S%) ofthc voting interests agree to accept an offer Cor the sale of the property,
all Owners shall be bound to execute deeds and other documents reasonably required to effect the
sale. In that event, any action for partition of the property shall be held in abeyance pending the sale,
and Upon the consummation of the sale shall be discontinUed by all parties thereto.
15.6 Association Continuation. The termination of the Condominium does not, by itself,
terminate the Association. The Members shall continue to have the powers granted in this
Declaration for the pUrpose of winding up the affairs of the Association.
IS.7 Provisions Survive Termination, The provisions of this Section IS are COvenants
running with the land, and shall survive the termination of the Condominium until all matters
covered by those provisions have been completed.
,
]6. 9BLIGATIONS OFOWNER&:
16.1 Duty to Comnlv: Rilzht to Su~, Each Unit Owner, his or her tenants and guests, and
the Association shall be governed by and shall comply with the provisions of the condominium
documents and the Rules and Regulations. Actions for damages or for injunctive relief, or both, for
failure to comply may be broUght by the Association or by a Unit Owner against:
(A) The Association;
(B) A Unit Owner;
(C) Anyone who QCCupies or is a tenant or guest in a Unitj or
Declaration of Condominium
Page 15
.
,...,.;.,.,bp.~,1~.aJGe":'.,.NO 17A
. . ..., .... ,,~..
OR: 3389 PG: '; lOOSage8t)'of16
(0) AJi.y Member who willfully and knowingly fails to comply with these provisions.
16.2 Waiver of Ri2hts. The failure of the Association or any Member to enforce a right,
provision, covenant or condition which may be granted by the condominium documents shall not
constitute a waiver of the right of the Association or Member to enforce such right, provision,
covenant or condition in the future.
16.3 AttorneYs Fees. In any legal proceeding arising out of an alleged failure of a guest,
tenant, Unit Owner or the Association to comply with the requirements of the condominium
documents, or the rules and regulations as they may be amended from time to time, the prevailing
party shall be entitled to recover the costs oC the proceeding and such attorneys Cees as may be
awuded.
16.4 No Election of Remedies. All rights, remedies and privileges granted to the
Association or Unit Owners under the law and the condominium documents shall be cumulative, and
the exercise of anyone or more shall not be deemed to constitute an election of remedies, nor shall
it preclude the party from exercising any other rights, remedies, or privileges that may be available.
17. AMENDMENT OF DECLARATION: All amendments to this Declaration shall be
proposed and adopted in the Collowing m8lUler:
17.1 Procedure. Upon any amendment or amendmenlS to this Declaration being proposed,
the proposed amendment or amendments shall be promptly submitted to a vote of the Members.
17.2 Vote Reouired, Except as otherwise required by governing authorities, or by specific
provision of the condominium documents, particularly those provisions relating to the Developer's
right 10 change the Hotel Unit, contained in paragraph 5.5 above, this Declaration may be amended
by concurrence of 100% of the voting interests, in person or by proxy, at any annual or special
meeting called for the purpose., Alternatively, amendments may be adopted without a meeting
Collowing the procedure set forth in the Bylaws.
17.3 100% Vote Reouired. In the Collowing circumstances, 100"10 of the Voting Interest
sha11 be required:
(A) AJi.y major alteration of the site plan, except where govenunenla! or agency
requirements are involved;
(B) AJi.y alteration in the allocation of percentage of interests in the Common
Elements, the Common Surplus or in the share of the Common Expenses;
(C) NtY self-dealing with respect to the hiring oCmaintenance or other services
to operate or maintain the Common Elements.
Declaration of Condominium
Page 16
Agenda Item No. 17A
.... '.'. ;. Jl<<l.,1.2,Q.QD7..
OR: 3389 PG: 100~ge 90 of 16(;
17.4 Certificate: Recordini. A copy of each adopted amendment shall be attached to a
certificate that the amendment was duly adopted as an amendment to the Declaration, which
certificate shall be in the form required by law and shall be executed by the President or Vice
President of the Association with the formalities ofa deed. The amendment shall be effective when
the certificate and copy of the amendment are recorded in the Public Records of Collier County,
Florida.
17.5 Provision. No amendment may change the configuration or size of any Unit owned
by a person or entity in any material f~hion, materially a1teror modify the appurtenances to the Unit,
or change the proportion or pCrccntage by which the Owner of a parcel shares the common expenses
and owns the common surplus, unless the record Owner of the Unit, and all record Owners ofJicns
on it join in the execution of the amendment. No other consents or approvals shall be required. This
proviso does not apply to changes caused by condemnation or a taking by eminent domain.
18. MISCELLANEOUS:
18.1 Severability. The inValidity or unenCorceability in whole or in pan of any COVenant or
restriction or any section, subsection, sentence, clause, phrase or word or other provision of this
Declaration, or any recorded exhibit to this Declaration, shall not affect the remaining ponions
thereof.
18.2 SinllUlar. Plural and Gcn'dCl:. Whenever the context so requires, the use of the plural
shall include the singular and the plural, and the use of any gender shall be deemed to include all
genders.
.;
18.3 Headinl!S. The headings used in the condominium documents arc for reCercnce
pUlposes only, and do not constitute substantive matter to be considered in construing the Icons and
provisions of these documents.
[THIS SPACE INTENTIONALLY BLANK]
Declaration oC Condominium
Page 17
.
Aaenda Item No. 17A
.;wlc.,+-,.,..L....-:
Page 91 of 160
OR: 3389 PG: 1010
IN WITNESS WHEREOF, the Developer has executed this Declaration the day and year first
above written.
Signed in the presence of:
THE GRAND INN OF NAPLES, INC.,
/ ..
a Florida col'Tllllition'
7/ .
~ A )Jc Ve AG€i(. 0 HEff f
Printed Name ofWitncss
/JJ:Ilq-R (Jh#;--
I3n I L Y If (! IjgW:f..
Printed Name ofWitncss
STATE OF FLORIDA
COUNTY OF COLLIER
I HEREBY CERTIFY that on this day, beCore me, an officer duly authorized in the State and
County aforesaid to take acknowledgments, pcrsonallyappeared MICHAEL KESSOUS, (one of the
following should be checked; if none are checked, he is personally known to me) ~ who is
personally known to me, or _ has produced as identification, and
who did take an oath, and who is known to be the President of GRAND INN OF NAPLES, mc.,
a Florida corporation, the corporation named in the foregoing instrument and that he acknowledged
executing the same, in the presence of two Subscribing witnesses, freely and voluntarily under
authority duly vested in him by said corporation and that the seal affixed thereto is the true COrporate
seal of said corporation.
WITNEss my h8IJl! and official seal in the State and County last aforesaid this
~dayof u,..u~ .2003. .
(SEAL)
F.\wpd'''IrunadaIdc<:I""" wpm. wpd
Declaration ofCondominiwn
Page 18
"
GRAND INN OF NAPLES,
A CONDOMINIUM
LEGAL DESCRIPTION
Anenda Item No. 17 A
" June 'IL,' LVV1.
OR: 3389 PG: loffge 92 of 160
~
^ LOT OR PARCEL OF LAND LYING ItlLOT ~I. tlAPI.ES IMPROVEMENT
COMPANV'S LITTlE FARMS. ACCORDING TO A MAP lllEREOF RECO~DEO IN
PI.A T BOOK 2. AT PAGE 2. OF illE PUBUC RECORDS OF COLLIER COUNTY.
FI.ORIDA, WHICH LOT OR PARCEL IS DESCRIBED AS FOLLOWS:
COMMENCE AT THJ;; tlORTHWEST CORNER OF SECTION Il, TOWNSHIP 49
SOlflll. RANGE 2~ EAST, RUN EASrutLV ALONCIlllE NORlII LINE OF SAID
SECTION MU FEET; lIIENCE RUN SOlrlliERL V FOR" FEET TO lIfE
tlORTIlWEST CORNER OF TIfE EAST HALF (f. Ill) Of WESTHALF (W Ill) Of SAID
LOT $I TO lIIE POI~T Of BEGINNING: THENCE RUN SOL'I1I ALONOlllE WEST
LItlE OF SAil> EAST HALF IE Ill) OF lIfE WEST HALF(W112) FOR l16,~ IUTMORll
OR LESS TO lllE SOlflll LINE OF SAID LOT 51: THENCE RUN EAST ALONO SAIll
SOlflll LINE FOR I~D IUT: THENCE RUN tlORTH PARALLEL TO SAID WEST UNE
OFlIfE EAST HAI.F(E Ill) OF THE WEST HALF (W 112) FORll6.' FEET MORE OR
LESS TO A POINT OtlllfE NORlIIUNE OF SAID LOT 51: lIIENCElUN WEST
ALONO SAID NORTliLINE FOR I~D FEETTO lllE POINT OF BEGINNING: BElNO
WEST 1$0 FEET OF SAID EASTIW.FIE Ill) OF THE WESTH.u.F(W 112) OF LOT 51.
LESS AND EXCEPT illE NOR11lIO' lIIF.REoF.
u,aau
EAST 110 FEOT OF nlE WEsT 300 IUT OF THE EAST HALF IE Ill) OF THE WEST
(w Ill) OF LOT ~ I. NAPLES IMPROVEMENT COMPANY'S LITI1.E FARMS. A
SUBDMSION ACCORDINO TO illE PLATTllEltEOF, AS RECORDED IN f'LAT
BOOK 2. AT PAGE 2.lNillE PUBLIC RECORDS OFCOLIJER COUNTY, FLORIDA,
LESS AND EXCEPT THE NOR1llERLV 1S'1IIEREOF.
eABm.l
^lOT OR PARCEL OF LAND tYTNG IN LOT ~I, tlAPLES IMPROVEMENT
COMPAt(Y'S LlTT1.E FARMS, ACCORDING TO A MAP OR PLAT THEREOF AS
RECORDED IN PLAT BOOK 1, AT PAGE 1, OF lllE PUBUC RECORDS OF COLUER
COUNTY. nORIDA. WHICH LOT OR PARCEL IS DESCRIBED lIS FOU.owS,
FROM THE NORlIIIVE5T COWER OF SECTION 15, TOWNSHIP 49 SOtlTH, RANGE
2.' EAST. RUN EAS'mU.v ALONO THE NORTH UNE OFSAfDSECnON..U FEirr:
THENCE RUN SDUllIERL V FOR l~ FaT TO 1llE NORTlfWEST COIlNF.R OF THE
F.AST HALF IE 112) OF WEsT HALF (W Ill) Of SAID LOT SI, nlENCE RUN
EilSTERLv ALONG lHENORlII LINE Of SAID LOT 51 FORm FEET TO nlli
POINT OF BECINtllNC 0F111E lANDS HEREBY CONVEYED, FIlOM SAID POINT
OFBEOINNINO RUNSOIJl'H, PAlW.LEL TO nlE WEST UtlE OF SAJDEASTHALF
IE 1/2) OF THE WtiST(W Ill) FOR l14,' IUTNOREORU:SSTOillESOIITII LINE
OF SAID LOT 'l,lllENCE RUN EAST ALONo SAlDSOLmf UNEFOR 7' FEET:
lllENCE RUN MRALLI!L TOSAlDWEsTUNE OF THE EASTHALF(l! Ill) OF lIfE
WEST HALF (W 1/2) FOR )16.' FEET MORE OR LESS TO A POINT ON 1IIS NOP.TH
LINE OF SAID LOT ~ I; 1llENCE RUN WEST ALONG SAID NORlII UNE FOR 7' FEET
TO THE POINT OF BEGINNING, BEINO lllE E.'.S1'75 FEET OF lIfE WEST 4~D FEET
OF SAID EASl'HALFIE Ill) OF THE WESTrlA1.F(W Ill) OF LOTlI.
EARCEL l
SOlJTH 10' FEET OF1llE EAST 12.\ rEETor THE WEST III OF LOT~I. NAPLES
IMrROVEMENT COMPANY'S. LITTLE FARMS lIS RECORDED IN PLAT BOOK 2,
PAGE 2, PUBUC RECORDS OF COLUER COtNrY, noR/DA-
P ARca l
nlE EAST HALF (112) OFnm WEST HAl.F (Ill) EXCEPT THE EAST 12~ FEIIT AND
EXCEPT nlE WEST .~o FEET, OF LOT lILESS THE NORTH Il FEET FOR
RIGHT-oF,WAY. LOT SI, NAPLES rMPROVEMENTCOMPANYS urru FARMS AS
RECORDED ~ PLAT BOOK 2. AT PAGEl, OF lIfE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA,
t&&CfU
EAST 75 FEFT OF lIfE WEST 375 FEFTOF lIfE EASTlW.f(E IlljOFTHEWEST
HALF (W 112) OF LOT 1I LESs 1llE NORTH IS FEET FORRIGHT.()f.WAY, NAPLES
IMPROvtMENT COMPA~YS LITTlE FARMS AS RECORDED IN PLAT BOOK 2, AT
PAGE 2, PUBUC RECORDS OF COLLIER COUNTY. Fl.ORIDA.
Exhibit "A"
I
Agenda Item N 1
.. o. 7A
,.., ..,
OR: 3389 PG: lOtt93:of 16b .
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Exhibit "a"
~
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Agenda Item No. 17 A
, . ~'"' r'lnn7
Pa~g~-94-of 160':
OR: 3389 PG: 1013
RRLS
SURVEYORS & MAPPERS INC.
1502-A RAILHEAD BL YD.
NAPLES, FLORIDA 341 10
TELEPHONE: (239) 597.1315
FAX: (239) 597-5207
GRAND INN OF NAPLES,
. A CONDOMINIUM
HOTEL UNIT
LEGAL DESCRIPTION
A PARCEL OF LAND LOCATED IN A PORTION OF THE EAST 1/2 OF THE
WEST 1/2 OFLOT 51, NAPLES IMPROVEMENT COMPANY'S LImE FARM,
ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 2, AT
PAGE 2, OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA, BEING
MORE PARTlClJLARL Y DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF THE EAST 112 OF THE WEST
112 OF SAID OF LOT 51; THENCE S.00019'56"W. ALONG THE WESTERLY LINE
OF THE EAST 112 OF THE WEsT 112 OF 8AID LOT 5 I, A DI8T ANCE OF 60.55
FEET; THENCE 8.90ooo'00"E., A DISTANCE OF 56.63 FEET TO THE POINT OF
BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE
S.90"OO'oo"E., A DISTANCE OF 1 0.90 FEET; THENCE N.45ooo'00"E., A
DI8T ANCE OF 35.06 FEET; TIlENCE S.45.oo'oo"E" A DISTANCE OF 25.20
FEET; THENCE N.45ooo'00"E., A DISTANCE OF 13.75 FEET; THENCE
S.45"OO'OO"E., A DISTANCE OF I 5.35 FEET; THENCE N.45000'00"E., A
DISTANCE OF 13, t 0 FEET; THENCE S.45000'00"E., A DISTANCE OF 3.07 FEET;
THENCE N.74056'56"E,. A,DIST ANCE OF 4.35 FEET; THENCE 8.4sooo'OO"E" A
DISTANCE OF 87.79 FEET; THENCE 8. I 30S9'50"W.. A DISTANCE OF 4.40 FEET:
THENCE 8.45000'00"E" A DI8T ANCE OF 16.30 FEET; THENCE S.4sooo'oo"W.. A
DISTANCE OF 12.45 FEET: THENCE 8.45.oo'oo"E" A DISTANCE OF 6.09 FEET;
THENCE S,ooOoo'oo"W., A DISTANCE OF 20.19 FEET; THENCE S.4S.oo'oo"W.,
A Dl8T ANCE OF 6.29 FEET; THENCE 5.4sooo'00"E., A DISTANCE OF 12.50
FEET; THENCE S.4S"OO'oo"W., A DISTANCE OF 16.18 FEET; THENCE
S,ls059'1 5"E" A DISTANCE OF 4,35 FEET; THENCE S.4sooo'oo"W., A
DISTANCE OF 90.47 FEET; TIlENCE N. 76000'1 O"E., A DISTANCE OF 4.44 FEET;
THENCE S.45000'OO"W" A DISTANCE OF 18.45 FEET; THENCE N.4Sooo'OO"W.,
A DISTANCE OF 17.70 FEET; THENCE SASOoo'oo"W., A DISTANCE OF 8.74
FEET; THENCE N,900oo'00"W., A DISTANCE OF 13.99 FEET; THENCE
NASoOO'OO"W., A DISTANCE OF S.S9 FEET; THENCE SASooo'oo"W., A
DISTANCE OF 6.60 FEET; THENCE N.4S.00'OO"W., A DISTANCE OF 28.86
FEET; THENCE N,90"OO'OO"W., A DISTANCE OF 10.29 FEET; THENCE
N,OO"OO'OO"E" A DISTANCE OF 177.36 FEET TO TIlE POl'NT OF BEGINNING.
PARCEL CONTAINS 0,63 ACRES, MORE OR LESS.
SHEET 1 OF 3
Exblbit "B"
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Agenda Item No. 17 A
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OR: 3389 PG: 1014'
BEARINGS SHOWN HEREON REFER TO TIlE NORTH LINE OF THE
NORTHWEST 1/4 OF SECTION 15, TOWNSHIP 49 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA, AS BEING N.9000Q'OO"E..
. ','
SHEET 2 OF 3
Exhibit "B"
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BBLS
SURVEVORS & MAPPERS INC.
1502-A RAILHEAD BLVD.
NAPLES, FLORIDA 34110
TELEPHONE: (239) 597-1315
FAX: (239) 597-5207
GRAND INN OF NAPLES,
. A CONDOMINIUM
RESTAURANT UNIT
LEGAL DESCRIPTION
Agenda Item No. 17A
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Page 97 .of 160 ,.. ~
OR: 3389 PG: 1016
A PARCEL OF LAND LOCATED IN A PORTION OF THE EAST 1/2 OF THE
WEST 1/2 OF LOT 51, NAPLES IMPROVEMENT COMPANY'S LITTLE FARM,
ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 2, AT
PAGE 2, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMb'NCE AT THE NORTHWEST CORNER OF THE EAST 1/2 OF THE WEST
1/2 OF SAID LOT 51: THENCE N.90000'OO"E. ALONG THE NORTHERLY LINE
OF SAID LOT 51, A DISTANCE OF 335.05 FEET: THENCE S.ooooo'oo"W., A
DISTANCE OF 80.51 FEET TO THE POINT OF BEGINNING OF THE PARCEL
OF LAND HEREIN DESCRIBED: THENCE 8.90000'00"13., A DISTANCE Of 7.60
FEET; THENCE N.ooooo'oo"E., A DISTANCE OF 5.20 FEET; TIlENCE
S.9O"00'oo"E., A DISTANCE OF 12.00 FEET: TIiENCE S.ooooo'oo"W" A
DISTANCE OF 2.90 FEET: THENCE S.90ooo'oo"E., A DISTANCE OF 17.70 FEET;
THENCE N.ooooo'oo"E., A DISTANCE OF 2.85 FEET; THENCE S.90000'OO"E., A
DISTANCE OF 12.00 FEET: THENCE S.OOOOO'oo"W., A DISTANCE OF 5.15 FEET;
THENCE S.90ooo'oo"E., A DISTANCE OF 7.61 FEET; THENCE S.oooOO'oo"W., A
DISTANCE OF 1M2 FEET; THENCE S.90000'oo"E.. A DISTANCE OF 0.42 FEET;
THENCE S.OOOOO'oo"W., A D[ST ANCE OF 22.00 FEET; THENCE S.90000'oo"E., A
DISTANCE OF 3.00 FEET; THENCE S.ooooo'oo"W., A DISTANCE OF 29.97 FEET;
THENCE N.90ooo'oo"W., A DISTANCE OF 3.00 FEET; THENCE 8,ooOOO'00"W., A
DISTANCE OF 8.00 FEET; THENCE S.90.oo'oo"E., A DISTANCE OF 3.00 FEET;
THENCE S.oo.oo'oo"W., A DISTANCE OF 50.72 FEET; THENCE N.90000'oo"W.,
A DISTANCE OF 62.10 FEET; THENCE N.ooOOO'oo"E., A DISTANCE OF I ] 0.69
FEET; THENCE S.90000'OO"E,, A DISTANCE OF 1.77 FEET; THENCE
N,OOOoo'OO"E., A DISTANCE OF 13.02 FEET TO THE POINT OF BEGINNING.
P ARCEL CONTAINS O. I 8 ACRES, MORE OR LESS.
BEARINGS SHOWN HEREON REFER TO THE NORTH LINE OF THE
NORTHWEST 1/4 OF SECTION IS, TOWNSHIP 49 SOlJTI{, RANGE 25 EAST,
COLLIER COUNTY, FLORJDA, AS BEING N.90000'OO"E..
SHEET I OF 3
Exhibit "B"
Aoenda Item No. 17 A
'. "U~ic" h:!:.,\~V\.J1 '.... "'t
Page 98 01 I!,o'. '
OR: 3389 PG: 1017
THIS PROPERTY IS SUBJECT TO EASEMENTs, RESERVATIONS OR
REsTRICTIONS OF RECORD.
'''f;{I!;;-d~~~, 08127/03
>~,' .,t-: :BISlltr , ATE OF FLoRIDA, (L.S.1I47<<J)
. ::(~~:~~~~~X~~MAPPERS INC., (L.a. #6753)
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OR: 3389 PG: 1019
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BBLS
SURVEYORS & MAPPERS, 1Ne.
IS02-A RAIL HEAD BLVD.
NAPLES, FLORIDA 34 I 10
TELEPHONE: 239-597-1315
FACSIMILE: 239-597-5207
GRAND INN.
A CONDOMINWM
Agenda Item No. 17 A
1
.. . Pag'e 1'01 of Hio'..:
OR: 3389 PG: 1020
SURVEYOR'S CERTIFICATE OF SUBSTANTIAL COMPLETION
THE UNDERSIGNED LAND SURVEYOR HEREBY CERTIFIES THAT THE
CONSTRUCTION OF THE IMPROVEMENTS COMPRISING THE GRAND INN, A
CONDOMINIUM, IS SUBSTANTIALLY COMPLETE SO THAT THE ATTACHED
GRAPHIC DESCRIPTION OF THE IMPROVEMENTS TOGETHER WITH THE
PROVISIONS OF THE DECLARATION OF CONDOMINIUM DESCRIBING THE
CONDOMINIUM PROPERTY, IS AN ACCURATE REPRESENTATION OF THE
LOCATION AND DIMENSIONS OF THE IMPROVEMENTS AND SO THAT THE
IDENTIFICATION, LOCATION AND DIMENSIONS OF THE COMMON ELEMENTS
AND OF EACH UNIT CAN BE DETERMlNBD FROM THESE MATERIALS. ALL
PLANNED IMPROVEMENTS, INCLUDING, BUT NOT LIMlTED TO LANDSQAPING,
UTILmES SERVICES, ACCESS, AND CONDOMINIUM COMMON ELEMENT
FAClLInES AS SET FORTI! IN THE DECLARATION OF CONDOMINIUM. HAVE
BBEN.~UBstAl:ITIALL Y COMPLETED.
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Z:\LEOALAID DESCRII'110NS\ORAND INN CER OF SUB COMP
Agenda Item No. 17 A
," . -... . 'June.12.,2Q{)7.
. . Page 102 01'160'
OR: 3389 PG: 1021
CONSENT OF MORTGAGEE
TO DECLARAnON OF CONDOMINIUM OF
THE GRAND INN OF NAPLES, A CONDoMINIUM
First National Bank of Naples, a Florida banking corporation, having its principal office at 2150 Goodlettt
Road, Naples, FL 34102 (the "Mortgagee") the holder oCthat ccrt8in Mortgage dated January 2, 1998.
executed by the Developer, Grand Inn of Naples ,In e., a Florida corporation, to the Mortgagee, and recorded
at Official Records Book 2377 at page 3304, of the Public Records of Collier County, Florida, does hereby
consent 10 and join in the foregoing Declaration of Condominium for The Grand Inn of Naples, a
Condominium, thus subordinating its int~sts in the security Instruments to the use rights of tile individual
Unit Owners.
Anything herein to the contrary notwithstanding, this Consent shall not be dccrncd in any way to obligate
Mortgagee to assume or perfonn any of the obligations of the Developer, as Developer underthc Declaration.
Silll1ed, sealed and delivered
in the presence of:
. ,"~
J{ ((I(r...~ L.~~ )
Silll1atUrc oCWitness -
MORTGAGEE:
Nancy Moss
Printed Name ofWitncss
FIRST NATIONAL BANK OF NAPLES, a
Florida banking corporation
Kathleen M, Sdlmfdt
~.~
Signature oCWitness
Printed Name of Witness
STATE OF FLORIDA
COUNTY OF COLLIER
The Corcgoing Joinder of Mortgagee was acknowledged before me this .aa day oC li'4tL"fT. 2003,
by C. C. COGHILL, who is personally known to me, as Senior Vice President of Firsl National Bank of
Naples, a Florida banking corporation, the Mortgagee named in the foregoing instrument.
tJ,,, EAt) I:a1I1IoonMSdInIct
'.' , MY~, 1IOllf761 EXIIB
.: Mlo212D06
.~'h:, IOIlm_TIO'I'..-.....:tte
cj{~h, ~
Notary Public. Signature
Kathleen M. Schmidt
f;\wpdaa\ramadayoinder
Notary Public. Printed Name
My Commission Expires:
DeJl4rt.ment 01 State 9/21200'3 8: 18 PAGE 1/2 :i1irhtP'AX
of J11 OR: 3389 PG: 1022
~tate " ,. 0.. 'b
e:P .:~ "" -='-~':', "I a
I,partmrttl of that,
I certify from the recorda of this office that TEl GRAND INN SOILDING
ASSOC~ION, INC. i. a corporation organizad under the law. of the State
of Florida, filed on August 29, 2003.
~he document number of this corporation i. N03000007S08.
I further certify that ..id corporation ha. paid all fee. due this office
~ through December 31, 2003, and it. statu. i. active.
I I further certify that said corporation ha. not filed Articles of .
Db.olution.
, I further certify that this i. an electronically transmitted certificate
~_~ authorized by .ection 15.16, Florida Statute., and authenticated by the
illS code, 003A00048879-090203-N03000007508~1/1, noted below.
Authentication Code: 003A00048879-090203-N03000007508_1/1
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Given under my hand and the
Great Seal of the State of Florida,
at ~allaha.a.., the Capital, this the
Second day of September, 2003
^, ,
~.. ...... f. t<.4cd
<ilmDa'!i-;,Honb
$uhbllofJih,te
~
Agenda Item No. 17 A
" .-. JuneI2..:o.~Q.?,
OR: 3389 PG: 10rr0401160
(((H03000262934 0)))
ARTICLES OF INCORPORATION
OF
THE GRAND INN BUILDING ASSOCIATION, INC.
(A corporation not for Profit)
The undersigned subscriber, for the pwpose of becoming incorporated under the laws of the Stale
. o{ Florida as a corporation not {or profit, does hereby adop!, the following Articles of Incorporation:
ARTICLE I - NAME AND REGISTERED OFFICE OF THE CORPORATION
The name of this corporation, hereinafter called the" Association", shall be THE GRAND !NN
BUILDING ASSOCIATION, INC. Its principal place oCbusiness and registered office shall be 1100 Pine
Ridge Road, Naples Florida 34108,
ARTICLE U - PURPOSE AND POWERS
Section 1. The purpose for which this Association is organized is to acl as a governing
"Association" Cor THE GRAND INN OF NAPLES, A CONDOMINIUM (the "Condominium"), located in
Naples, Collier County, Florida, The adminis1nltion of the affai~ of the Association shall be by the
Members, There shall be no Board of Directors.
Section 2. The Association shall have all of the rights, powers, duties and functions of a
governing association as set Corth in the Florida StaMes governing corporations not for profit, now or
hereafter in effect, these Articles, and all powers and duties reasonably necessaJy to administer, govern, and
maintain the Condominium pursuant to the Declaration of Condominium for the Condominium, as it may
be amended from time to time (the "Declaration of Condominium"), including but not limited to the
fOllOwing:
(a) To make and collect assessments against members of the Association for the purpose of
defraying the charges and expenses' oC the Condominium and of all other properties the Association shall
hold, by whatever means, lll1d operation of the Association. Assessments paid by unit own.... shall be held
in trust by the Association and used solely to pay: (I) the cost ofrcpair of the Condominiwn property and
other costs related thereto, and (2) the cost of administration oC the affairs of the Association, inClUding
payment of applicable taxes and the preservation of the Association's existence, to the extent properly
allocable to the performance of the Association's duties under the Declaration of Condominium, and (3) to
payaf! other common expen~s lIS described in the Declaration of Condominium, To the extent not expended
in the year in which paid, assessments shall continue to be held in trust by the Association for the benefit of
the members to be expended solely for the aforesaid PWPO~s or, upon any termination of the Condominium,
the unexpended portion shall be added to the common surplus for disbur~ment to lhe members or for
maintenance reserves, at the discretion of the Members of the Association (the "Members"),
(b) To use the proceeds of assessments in the exercise of its powers and duties.
(((H03000262934 0)))
THE GRAND INN BUILDING ASSOCIATION. INC.
ARTICLES OF INCORPORATION
Pap: I
Exbibit "e"
(((H03000262934 0)))
Agenda Item No. 17A
L ~,... -1") '1nn7
Page 105 of 1'60
OR: 3389 PG: 1024
(c) To maintain, repair, replace IlIId operate all Condominium properly.
(d) To purchase insurance upon Condominium property and all properties the Association shall
hold and insurance for the protection of the Association and hs memb.."l'li.
(e) To improve the Condominium property Curther and, after casually, to reconstruct
improvements.
(f) To approve or disapprove the transfer, by sale, rental, gift, devise, bequest, succession, or
otherwise, and the ownership and encumbrance of Condominium units as may ~ provided by the Declaration
of Condominium and by the Bylaws of the Association.
(g) To enforce by legal means the provisions of the Declaration oC Condominium, theSe
Articles, the Bylaws of the Association and the rules and regulations for the use of the property of the
Condominium.
(h) To contract for the maintenance, repair, replacement and Operation of any and all oC the
CondOminium properties and to delegate to a mana~t company or other contraclor3 all powers and
duties of this Association,
(i) To purchase, lease, receive by gift, or otherwisc acquire possessory or use inlerests in real
and personal property, whether or not contiguous to the lands ofthc Condominium, intended 10 provide for
the enjo)'mCnt, =reation or other use or benefit oCtile members oCthe Association.
(j) To contract Cor the management, operation and upkeep oC any and all property held or
controlled by the Association.
(Ie) To encumber, mort8811e. lease, conveyor grant other possessory or use interests in any and
all property which the Assooianon may acquire or control, including, but.notlimited 10, any recreational
facilities.
(I) To enter into con,",Cts or agreements for the maintenance of accounting and bookkeeping
records and for the use oC data processing facilities or services, so as to cany out the Association's
responsibilities and to comply with the requirements of the law of the State of Florida with regard to
maintenance oC records.
(m) To select depositories for the Association funds.
(n) To enter into such other contracts or agreements reasonably neccsS8ly or convenient for the
proper exercise oC the rights, powers, duties and functions of the Association.
(0) To employ all personnel reasonably necessary to perfonn the services required for proper
exercise oCthe rights, powers, duties and functions oCthe Association,
TIlE GRAND INN BUILDING ASSOC,^110N, INC,
ARTICLES OF INCORPORA nON
PI" 2
(((H03000262934 0)))
(((H03000262934 0)))
Agenda Item No. 17 A
o n 7
, . Page 106 01 16~..
OR: 3389 PG: 1025
(p) To exercise: any and all common law and SIlllUlOry powers, although not apccilloallyrccited
above, of a oorporation not for profit reasonably necessary or convenienlto carry out and perfonn the
purpose Cor which the Association is organized and its enumerated powers.
(q) To enact and enCorce reasonable rules and regulations concerning the use and enjoyment of
the Condominium units, the common elements of the Condominium and of the property owned by the
Association.
(r) The foregoing rights and powers of the Amciation shall be limited by the restrictions on
self-dealing contained in 17.3 (C) of lhe DecllU'lltion oC Condominium.
ARTICLE m - QUALIFICATION OF MEMBERS
AND THE MANNw.v OF THF.m ADMTSSJOI"!
Section I. The S1lbscriber constitutes the sole member of this Association until the recording
oC a DcellU'lltion of Condominium naming this Association as the association thereunder. Upon the recording
of such a DccllU'lltion of Condominium, GRAND INN OF NAPLES, INC., a Florida corporation (the
"Developer"), shall own all memberships in the Association. At such time as the purchase price is paid and
the deed 10 a unit is issued, the owner thereoC shall become a member.
Sectinn l. Ownership of a Condominium unit shall be a prerequisite to exercising any rights
as a member of the Association. A Condominium unit. may be owned by one or more persons or by a
corporation, association, limited liability company, Partnership, or trust.
Section 3. Membership shall not bctransferable, except as provided herein or in the DcellU'lltion
of Condominium. The membership of any Condominium unit owner shalltermillAte upon lhe termination
of the Condominium, or upon transCcr oChis ownership in the Condominium unit, provided the Il'ansCer is
aCcomplished in accordance wilh all provisions of lhe Declaration of Condominium. The transferor's
membership shall automatically transferand be vested in the new owner Succeeding to the ownership interest
in the Condominium unit, subject, except as may otherwise be provided in the Dec1aration oCCondominiwn,
to a lienthcreon for all undischarged llSSCSSlIlents, charges, and expenses. The Association may rely on a
recorded deed as evidence of transfer of a Condominium unit and thereupon terminate the transferor's
membership and reCognize the membership of the transCer~.
I
The Association shall have perpetual existence, unless termillAled pursuant to the DcellU'lltion of
Condominiwn.. ,
ARl1CI.E IV - TERM OF "XISTENCE
THE GRANO INN BUILDING IISSOClA TION, me.
ARnclES OF INCORPORA noN
"''''
(((B03000262934 0)))
(((H03000262934 0)))
Agenda Item No. 17 A
'.' . .'>", .. .JLlnel:;>'.?Q
. .' Page 10701 1'6.0'
OR: 3389 PG: 1026 '
ARTICLE V. NAME AND RESIDENCE OF THE SUBSCRIBER
The name and address of the subscriber to these Articles is as Collows:
~
Address
Michael Kessous
1100 Pine Ridge Road
Naples, FL 34108
ARTICLE VI . OFFICERS
Section I. The president of the Association shall be the Member having the greatest voting
interes~ and shall be the presiding officer at all meetings oCthe Members. If the President cannot be present
for a meeting, !he President may appoint a penon of his choosing to act on his behalf with his proxy. The
President may delegate the duties of Secretary and Treasurer to the penon or penons of his choosing.
Section 2.
The President of the Association, initially shall be:
Name
Office
Address
Michael Kessous
President
1100 Pine Ridge Road
Naples, FL 34108
ARTICLE VII -INDEMNIFICATION OF
OFFICERS
All officers of the Association shall be indemnified by the Association against all expenses and
liabilities, including cOWlscl fees (including Cees Cor appellate proceeding$), reasonably inclUTCd in
connection with any proceeding or settlement thereof in which they may become involved by reason of
holding such office, other than proceedings or claims resulting from willful misconduct or bad faith. The
Association may purchase and maintain inslD1lllcc on behalf of all officers of the Association against any
liability asserted against them or incurred by them in their capacity as officers of the Association or arising
out oC their status as such.
ARTICLE VIU. BYLAWS
The Bylaws of the Association are to be approved by the President initially and thereafter may only
be amended, altered, modified, or rescinded by the action Or approval of the members of the Association, 8$
set forth in the Bylaws,
THE ORAND INN aUlLDINO ASSOCIATION,/NC.
^RTlCW OF INCORPORATION
Pai<4
(((B03000262934 0)))
(((H03000262934 0)))
Agenda Item No. 17A
I 'n~ 1 ?007
'. ''': Page'10S'of '160'
Section I. Amendments to these Articles of Incorporation shall be proposed by a resolution
adopted by a 2S% vote oCthe Members. Such resolution shall then be presented 10 the Members. A 100%
Vote of the voting interests cast at a duly called meeting oCthe members of the Association shall be necessary
to amend the Articles of Incorporation.
Section ~. No amendment shall make any change in the qualifications for membership in the
Association without approval in writing of all members oCthe Association. Such an amendment shall also
be subjecllo the written consent of all record holders of mortgages upon any Condominium proper!)'and any
COndominium unit and upon 'proper!)' held by the Association in accordance with the provisions of the
Declaration oC Condominium. No amendment shall be made that is in contlict with the Declantion oC
Condominium.
ARTICLE IX - AMENDMF.NTS TO THESE ARTlCLE~
OR: 3389 PG: 1027
Section I. Each Condominium unit shall be entitled to one vote consisting oC its Voting
Interest, which is detcnnined in the same "''By as the share of Ownership in the common elements and the
common suplus Cor each Unit. The Hotel Unit shall have a 7S% Voting Interest and the Restaurant Unit shall
have a 25% Voting Inlerest at the Association meetings. In the event ofajoint o\\1lership ofa Condominium
unit, the vote to which that unit is entitled may be exercised by one of such joint owners by agreement of the
remainder oCthe jOint owners and in accordance with the tcnns of the Declaration of Condominium and the
Bylaws; however, no split voting shall be pcnnitted,
ARTICLE X. VOTING
Section 2. Votes may be cast either in person, by prOKyor by a voting trustee or trustees, each
of whom may, but need not, be an officer of the Association, or affiliated with the Dcvelopcror its suecessors
or ll$Signs.
Section I. No officer or member of the Association shall be personally liable Cor any debt or
other obligation of the Association, except as provided in the Declaration oC Condominium,
ARTICLE Xl - ADDmONAl. PROVISIONS
Section ~. The Association shall not be operated for profit. No dividend shall be paid, and no
part oC the income oC the Association shall be diSlnbuted to its members or officm.
Section ~. Where the context ofthcsc Articles pcnnits, the use of the pllnl shall include the
singular and the singular shall include the plural, and the use of any gender shall be deemed to include all
genders. .
Should any paragraph, sentence, phrase, portion or provision of these Articles or of the Bylaws or
rules and regulations oC the Association be held inVlllid, it shall not affect the I'8lidity oC the remaining
instruments.
ARTICLE XII - SEVERABILITy
1liE GRAND INN BUILDrNQ ASSOCIA noN. INC.
ARTIClES OF INCORPOitATION
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(((H03000262934 0)))
.
(((803000262934 0)))
.,.. ... ...~~e"'~~~J,It;m~~: 17A
" ., Ullf:J"I'.c. '/0'.
OR: 3389 PG: 1~! 109 of 160".
ARTICLE xm. APPOINTMENT OF
REGISTERED AGENT FOR SERVICE OF PROCESS
PursU8nllO Section 48.091, Florida Statutes. JANE YEAGER CHEFFY, Esq., whose address is 23 7S
Tamiami Trail North, Suite 310, Naples, Florida 34103, is appointed registered agent Cor serVice of process
upon the Association.
IN WITNESS WHEREOF, the subscribing incorporat
caused these Articles of Incorporation to be executed, as of
(SEAL)
STATE OF FLORIDA
COUNlY OF COLLIER
"'.
[HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County
aCoresaid to take acknowledgments, personally appcmd MICHAEL KESSOUS( oneofthe following should
be checked; iC none arc checked, she is personally known to me) ~ who is personally known to me, or _
has produced as identification and who did not take an oath, and is named
in the foregoing instrument and that she acknowledged executing the same, in the presence oC two
subscribing witnesses, freely and voluntarily.
~S my.!lind and official seal in the State and County last aCorcsaid this ;;L ry day
oC~ .2003.
~~~
(SEAL)
'\l!I"", Jane Yeager Cheffy
i~~~\ Com!"illion #DDI91991
"'. ':)"; Explles: Mar 10.2007
. '.~",. ~:;: _Thnl
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.t"",,' Ad,nut BonchTli Co.. r.c
<l A )./G VG A-(J3(<.CHeFFY
Printed Name ofNotaJy .
My Commission Number is:
My Commission Expires:
THE GRAND INN BUIlDING ASSOcIATION. ENe,
ARTlCW OF INCORPORATION
r...6
(((803000262934 0)))
(((H03000262934 0)))
ACCEPTANCE I!Y REGr~RED AGENT
The undersigned, having been designated as agent for service of process within the State of Florida
upon THE GRAND INN BUILDING ASSOCfA nON, INC.. at the place designed in Article XV of the
foregoing Articles of Incorporation. does hereby accept the appointment as registered agent for such
corporation.
Agenda Item No. 17 A
. '. .. ....1........: :=:... "?~:...
Page 110 of f6Ci:"
OR: 3389 PG: 1029
C:1wpib"\Karna.1,\ ARlt(lJIS W"D\
~~~
JA YEAG CHEFFY, RcgiSlC g
mE GRAND INN BUlLOING ASSOCIA noN, INC.
ARTlClES OF INCORPORA7ION
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(((H03000262934 0)))
T
Aaenda Item No. 17 A
.JU It:: "IL, i- VI
Page 111'of 160
OR: 3389 PG: 1030
BYLAWS
OF
THE GRAND INN BUILDING ASSOCIATION, INC.
1. GENERAL. These are the Bylaws of The Grand Inn Building Asso<:iation, Inc., hereinafter
the "Association", a corporation not for profil organized under the laws oC Florida for the purpose of
operating a condominium.
1.1 Princi",IOffice, The initial principal office of the Association shall be 1100 Pine Ridge Road,
Naples, FL 34108, or at such other place in Collier County, Florida as the Members may detcnnine.
2. MEMBERS. The administration of the affairs of the Association shall be by the Members.
There shsll be no Board oCDirectors. All powers and duties granted 10 the Association by law, as modified
and explained in the Declaration, Articles of Incorporation and these Bylaws, shall be exercised by the
Members.
2.1 Oualification. The Members ofthc Association shall be the Owners ortega! title to the Units.
When a Unit is owned by a eOlpOl'&tion, limited liability company, trust, parmcrship, or, if it is owned by
more than one person, mere shall, ncverthel~, be only one Mcmber from that Unit. That one individual,
who is a Member, who is empowered under Section 2.2 herein to cast the V otine Interest of the Unit shall
he called the .V oting Member,' In the cue of a Unit subjcotto an agreement for deed, the contract vendee
shall be deemed the Owner oCme Unit solely for purposes ofdetcnnining voting and use tights. Membership
shall bc<:omc effective upon the occurrence of me last to occur oC me following events:
A, Recording in the Public Records of a Deed or other instrument cvidencing legal title to the Unit
in the Member;
B. Approval by the Association as provided for in Section II of the Declaration oCCondominium;
C. Delivery to the Association, if required, ofa written designation oCthe Voting Member.
2.2 Votin2 Ri2hts: Votin2lnterests. The Members of the Asso<:iation are entitled to cast one (I)
vote consistini of their Voting Interest, which is determined in the same way as the shares oCOwnership in
the conunon clements and the common surplus Cor each Unit owned by them. The Hotel Unit shall have a
75% Voting Interest and the Restaurant Unit shall have a 25% Voting Interest. .
2.3 Tennination of Membcrshi\!. The termination of membership in the Asso<:iation does not
relieve or release any former Member from liability or obligation incWTed under or in any way cOlUlected
with the COndominium during the period of his or her membership, nor does it impair any rights or remedies
which the Association may have against any fonncr Owner or member arising out of or in any way connected
with such Ownership and membership and the COVenants and obligations incident thereto.
CondQminium Auocilllon B)'tlWJ
Plitt I
Exhlbil "D"
Agenda Item No. 17 A
',..' ....,..... .~' .'.. .June 1:>; 2QDl
. Page 112 0f 1.60
OR: 3389 PG: 1031 .
3. MEMBERS' MEETINGS: VOTING,
3.1 Ouarterlv Meetinl!S. niere shall be regular quarterly meetings of the Members. Such meetings
shall be held in Collier County, Florida, at a day, place and time designated by the Members, for the purpose
oC transacting any business duly authorized to be transacted by the Members.
3,2 SDeCial Members' Meeting. Special Members' meetings must be held whenever called by
Members having at least 25% of the Voting Interests of :he entire membership. Such request shall be in
writing, shall state the purpose or purposes of the meeting, and shall be signed by !he Member making the
request. Business at any special meeting shall be limited to the items specified in the request and contained
in the note of meeting.
3,3 Notice of Meetin2S. Notice of all Members' meetings may be given by personal delivery, by
e-mail, regular mail or by facsimile. Such notice must state the time, date, and place oC the meeting and shall
identify the agenda items, The Member bears the responsibility for notifying the Association oC any change
of Cox number, e-mail or postal address, The notice must be mailed or delivered at least seven (7) days prior
to the date of the meeting, Notice oCany meeting may be waived in writing by any Member.
3,4 Ouorom. A quorum at a Members' meeting shall be attained by the presence, either in person
or by proxy, oCpersons entitled to cast atlesst 75% oCthe Voting Interests,
3,5 Vote Reouired and Amendment. The acts approved by a majority of the votes cast at a meeting
in which a quorum has been attained shall be binding upon all Unit Owners Cor all purposes, except where
a higher vote is required by law or by any provision of the condominium documents. The procedures Cor
voting contained herein may be amended by the affinnative vote oCa majority of the Voting Interests, which
vote may be by a proxy specifically delineating the different voting and election procedures.
3.6 Telenhone Meetin~s, Member's meetings may, with the notice required in 3.3 above, be
conducted by telephone. ICan action is approved by a majority oCthe votes cast at the telephone meeting in
which a quorum has been attained, that action shall be reduced to writing, signed by the Members who voted
in Cavor oCsuch action and delivered to each Member within ten (10) days.
3.7 Proxv Votine, Limited or general proxies may be used 10 establish a quorum and for voting.
Every proxy shall be revocable at the pleasure of the person executing it. To be valid, a proxy must be in
writing, dated, siiDed by the person authorized to cast the vote Cor the Uni~ specify the date; time and pl~ce
of the meeting for which it is given and the original must be delivered at the time of the meeting or
adjournment thereof, Holders of proxies need not be Members. No proxy shall be valid if it names more
than one person as the holder of the proxy, but the holder shall have the righ~ iCthe proxy so provides, to
subStiMe another person to hold the proxy.
3.g Action bv Members Without Meeting. Any action required or pennitted 10 be laken at a
meeting of the Members may be-laken by mail, e-mail, or by facsimile without a meeting ifwrilten consents,
setting forth the action to be taken, arc signed by the Members having not less than the minimum number of
voles that would be necessary to taJce such action at a meeting. IC the requisite number of written consents
are received by the Association of the proposed action of the Members, the action so authorized shall ha~e
the same fo~ and effect as if a full membership meeting had been held. Within ten (10) days after adopting
the resolution, the Association shall send written notice of the action taken to all Members who have not
Condominium A.uo.:iltion Byln..,
h8<l
Agenda Item No. 17A
, 1
".'-" '.. ,... . Page 113of'i 5t\'.
OR: 3389 PG: 1032
consented in writing, Nothing in this paragraph shall be construed in derogation of Members' rights to call
a special meeting of the membership, as elsewhere provided in these Bylaws.
3,9 Waiver oC Notice, Any Member may waive notice oC a meeting before or after the meeting.
and such waiver shall be d~ equivalent to the giving of notice. If all Members are presentst a meeting,
no notice shall be required.
3,\ 0 Presumotion oC Assent. A Member who is present at a meeting shall be deemed to have voted
in favor oC any action taken, unless he or she voted against such action or abstained from voting because of
an asserted conflict of interest. A vote or abstention shall be recorded in the minutes for each Member
present.
),11 The P",.idina Offic~. The President of the Association shall be the Member having the
greatest voting interest, and shall be the presiding officer at all meeting. of the Members. If the President
cannot be present for a meeting, the President may appoint a person of his choosing to act on his behalfwith
his proxy. The President may delegate the duties of Secretary and Treasurer to the person or persons of his
choosing,
3.12 Conmen..tion. Neither Members nor officers shall receive compensation Cor their services
as such.
4. FISCAL MATTERS. The provisions for fiscal management of the Association set forth in
the Declaration of Condominium shall be supplemented by the Collowing provisions:
4.1 Deoositorv. The Association shall maintain its accounts in such Cederally insured accounts or
investments with such financial institutions doing business in the State oCFlorida as shall be designated from
time to time by the Members. Withdrawal of monies from such accounts shall be only by such persons as
are authorized by the Association.
4,2 ~ The Association shall adopt a budget oC common expenses for each fiscal year. A
copy oCthe proposed budget and a notice Slating the time, date and place of the meeting oCthe Members at
which the budget will be adopted shall be mailed, e-mailed, faxed or hand delivered to the Own~ of each
Unit not less than seven (7) days pr1orto that meeting. The proposed budget shall be detailed and shall show
the amounts budgeted by income and expense classifications. The budgetlllllY be adjusted from time-lo-time
at any regular quarterly meeting,
4.3 Reserves for Caoital Exoenditures and Defmed Maintenance, In addition to annual operating
expenses. the proposed budget must include reserve accounts Cor capital expenditures and deferred
maintenance. These accounts shall include, but are not limited to. landscape and lighting replacemen~ and
pavement resurfacing. The amount to be reserved shall be computed by a fonnula based upon estimated
remaining useful life and replacement cost oC each item, These reserves shall be funded unless the Members
subsequently determine by majority vole at a duly called meeting of the association to fund no reserves or
less than adequate reserves for a fiscal year, Reserves fimd.:d WIder this paragraph shall be used only for the
purposes Cor which they were reserved, unless their use for other purposes is first approved by a majority of
the Voting Interests, voting in person or by limited proxy at a duly called meeting.
Coodomlnlum Associ.uion Bylaws
Ptacl
~(-. ';."
"":.
Agenda Item No. 17A
. ~,... ""'''''-'7
...~, .....!\'?:\..~~ -/.~'l~""" ~~ P~"g~"114-'6!1.'60~~
OR: 3389 PG: 1033
4.4 Other Reserv~s. In addition to the reserves provided in 4.3 above, or in place of them if the
Members so vote, the Members may establish one or more additional reserve accounts for contingencies,
Operating exJlCl\kS, repairs, minor improvements or deferred maintenance. The purpose of the reserves is
to provide rmancial stability and to avoid the need for special assessments on a frequent basis. The amounts
proposed to be so reserved shall be shown in the proposed annual budget each year. These funds may be
spent ior any purpose approved by the Members.
4.5 CaD on Reservc~. Provided, however, that the Association shall not hold in reserve funds
greater than $25,000.00, but this "cap" on reserves shall not interfere in any way with the right of the
AsSOCiation to levy specialllSsessments jn excess of that amount against the Unit Owners whenever required
for the maintenance or replacement of the Common Elements or unusual, nonrecurring or unbudgeted
common expenses.
4.6 Asse.sments. Regular annual assessments based on the adopted budget shall be paid in
quanerly installments, in advance, due on the first day of January, April, July and October of each year.
Failure to receive notice of the assessment shall not excuse the obligation to pay. [fan annual budget has
not been adopted at the time the first quarterly installment for a fiscal year is due, it shall be Prcswncd that
the amount of such installment is the same lIS the last quarterly pa)'men4 and shall be continued at such rate
until a budget is adopted and pro rata assessments are calculated, at which time any overage or shortage
calculated shall be added or subtracted from each Unit's next due quarterly installment.
4.7 SI>ecial Assessments. Special assessments may be imposed by the Members when necessary
to meet unusual, unexpected, unbudgeted, or non-recurring expenses. Special assessments arc due on the
day specified in the resolution of the Members approving such assessment. The notice of any special
assessment must contain a statement of.the purpose(s) of the assessment, and the funds collected must be
spent for the stated purpose(s), with any excess funds returned to the Members or applied as a credit toward
future assessments.
4.8 EidelilV Bonds. The Presiden~ or his designee, shall be authorized to sign checks. All persons
having access to or control of Association funds, shall be bonded in the minimum amount ofS 10,000.00 for
each such person unless a higher amount is required by the Members. The premiums on such bonds shall
be a common e~pense.
4.9 Financial Reoort.. Not later than sixty days after the close of each fiscal year, the Association
shall distribute to the Members a rmancial report of actual receipts and expenditures for the previous twelve
months, or a COmplete set of financial statemenlS for the preceding fiscal year prepared in accordance with
generally accepted accounting principles. The report shall show the amounts ofreceiplS by accounts and
receipt classifications and shall show the amounts of expenses by accounts and e~pense classifications,
inClUding, if applicable, but notlirnited to, the following: costs for security; professional and management
fees and expenses; taxes; expenses forrefuse collection and utility services: expenses for landscape and lawn
care; insurance costs; administrative and salary expenses; and reserves for capital e~penditures, deferred
maintenance, and any other category for which the association maintains a reserve account.
4.10 ADDlication ofPavments and Co-MiMlin2 of Fun~. All monies collected by the Association
shall be mainlllined in the association's name and may not be corroningled. Reserve funds and any interest
accruing thereon shall remain in'a separate reserve account for authorized reserve e~penditures unless their
use for other purposes is approved in advance by a vole of the majority of the VOling Interests present al a
Coodominium Auocillioo S)'I,'wI
"''''
p\ '
Agenda Item No. 17A
, ?On7
'Page 11'5 '01:1-60'."
OR: 3389 PG: 1034
duly called meeting of the Association. All payments on aceounl by a Unit Owner shall be applied fll'St to
interest, delinquencies, costs and attorneys fees, other charges, and regular or special assessmcnu, in such
manner and amounts as the Members may de1crmin~.
4.11 Fiscal Year. The fiscal year for the A!sociation shall begin on the rlI'St day oflanuary of each
ealendar year. Th~ Members may change to a different fiscal year in accordance with the provisions and
regulations from tim~ to time prescribed in the Internal Revenue Code of the United Statca of America.
S. RULES AND REGULA nONS: USE RESTRICIlONS. The A!sociation may, from time
to time, adopt and amend administrativ.c rulcs and regulations governing the operation, use, maintenance,
management and conlrol of the COnmlOn ~lements and the Association. Copies of such rulcs and regulations
shall be furnished to each Unit Owner. Any rule or regulation created and imposed by the Association must
be reasonably r~lated to the promotion of health, happiness and peace of mind of the Unit Owners and
uniformly applied and enforced.
6. AMENDMENT OF BRA WS. Amendments to these Bylaws shall be proposed and adopted
in the follOwing manner:
6. I Pronosal. Except as otherwise provided in the Declaration of Condominium, amendmenu to
thcse Bylaws shall be proposed by a written petition signed by at least 25% of the Voting Interests.
6.2 Procedure. Upon any amendment or amendments to these Bylaws being proposed by said
Member, such proposed amendment or amendments shall be submitted to a vote not lat~r than the next
regular quarterly meeting for which proper notice can still be givm.
6.3 Vote Reouired. Except as otherwise provided by law, or by ~ific provision of the
condominium documents, these Bylaws may be amended by concurrence of 100"10 of the Voting Interests
present in person or by proxy at any annual or special meeting, provided that notice of any proposed
amendment has been given to all the Members in accordance with these Bylaws. Amendmenu may be
adopted without a meeting by following the procedures set forth in Section 3 of these Bylaws.
6.4 RccordinR: Effective Elate. A copy of each amendment shall be attached to 8 certificate that
the amendment was duly adopted, which certificate shall be executed by officers of the Association with the
fonnalitics of a deed. Th~ amendment shall be effective when the ceitificate and copy of the IUIlelldment arc
recorded in the Public Records of Collier County, Florida. The certificate must identify the book and page
of the Public Records where each Declaration of Condominium for all condominiums operated by the
Association is recorded.
7. MISCELLANEOUS.
7.1 Qmkr. Whenever the ~uline orsingular form ofa proooWl is used in these Bylaws, itshall
be eonstrued to mean th~ masculine, feminine or neuter, singular or plural, as the context requires.
7.2 SeverahililV. Should any portion hereof be void or become unenforceable, the remaining
provisions of the instnunent shall remain in full force and effect
7.3 Conflict. If any irreconcilable conflict should exis4 or hereafter arise, with respect to the
Condominium As,.oci.lion a)'t-WI
p,,,S
interpretation of these Bylaws and the Declaration of Condominium or Articles of Incorporation, the
provi3ions of the Declaration or Articles oflncorporalion shall prevail over the provisions of these Bylaws.
"'J..........,,:;:l Itom No 17A
.' Jurie'12.~U"""
~** OR: 3389 PG:Pl103~6*;;60
.
The foregoing constitute the first Bylaws ofThc Grand Inn BU~in~ Association, Inc., and were duly
adopted at the first mccting of the Members held on _Clu.,,# .. , ,2003.
THE ORAND INN
INC., a Florida
INO ASSOCIA nON,
tion not for profit
By:
Ancat:
i t
(CORPORATES ..~
C'\wpdata\~\byl.w.\
Con<lominium^"<><illlon B)'iIws
r.,. 6
T
Agenda Item No. 17 A
June 12. 2007
Page 117 of 160
PLANNING DEVELOPMENT INCORPORATED
D,'w1"/llI/ell/tl/m'ldllllll.}, Ll/g/lli.!c'I',\,J>/mf//l'/,'\(/I/(ILw/(f,Il'<II".' 1/'i.'IIII''l'f,'
MEMORANDUM
Date: January 3 I, 2007
Re: PINE RIDGE MIXED USE MPUD - AR 10916: COMPATIBILITY AND BUFFERS
To: Carolina Valera, Principal Planner
Zoning & Land Development Review
Collier County Goverrunent
Via email: CarolinaValera(Q)colliergov.net
From: Michael R. Fernandez, AICP
The purpose of this proposed MPUD Amendment is to eliminate the existing provision for 10,000 sf of
restaurant and substitute it with a more internally and externally compatible commercial use of 34,000 sf
of general office. The associated Master Plan depicts the proposal for a two-story office building over
parking.
The subject property currently supports a restaurant structure of 5,300 sf with an additional 870 sf of
outdoor seatinglbar; and therefore there is the opportunity to expand the restaurant.
This proposal is, in part, due to marketing studies relative to the retention and expansion of the existing
restaurant relative to the conversion of the prior hotel to residential condominiums; and, is consistent
with the desires of the single family neighborhood which immediately abuts the project and who offered
this suggestion at the prior rezone's Neighborhood Informational Meeting. Attendees complained about
restaurant noise, hours of operation, late night use of the parking lot and exiting trips through the
neighborhood. Suggestions included the installation of a buffer wall (presently in permitting and to be
installed as an improvement associated with the hotel conversion to residential condominiwns); and,
conversion to a more compatible use, such as general office. 'The landscape installation is to be
enhanced consistent the provisions of the SDPA which is currently under review by the County for the
hotel conversion.
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Agenda Item No. 17 A
June 12. 2007
Page 118 of 160
The proposed MPUD Master Plan depicts a proposed conceptual plan for an office building (attached).
The owner previously held a pre-application conference with County Staff which further delineated the
site plan proposal and has recently completed conceptual elevations for the proposed office building
structure (attached).
The office building will be limited to two stories over parking. The owner is working on a design which
is approximately 36 feet in height with architectural embellishments reaching approximately 42 feet of
height. The design is similar to the office building the developer recently completed on Radio Road.
The height is similar to that permitted by the residential district.
The setback from the property line is depicted as greater than 60 feet; significantly greater than those
required by comparable C-I through C-3 neighborhood commercial districts and the Goodlette Corners
PUD to the east. C-I through C-3 would allow up to 50 feet of height, and in C-3, a rear setback of 15'
or Y:z building height or 25' from residential. The Goodlette Comers PUD allows up to 45 feet of height
and a rear setback of35' feet from the external residential neighborhood.
The office building use is more compatible than the existing restaurant use, as an office building
generally operates between 8 am and 5 pm, Monday through Friday and full service restaurants have
general hours between 6 am and II pm or I am, seven days a week. This extended period of use and
greater intensity of use by the restaurant includes more vehicular trips, lighting and noise. Restaurant
deliveries and required services, such as grease trap maintenance, also tend to be more intrusive and the
litter and grounds maintenance required is generally greater.
Proposed Conceptual
Office Suildin!!
C-3
Goodlette
Corners PUD
Building Height
Rear Setback
Use of Building
36'010
60'010
Professional Office
50'
15'orY:zBH
Commercial
45'
35'
General
Office Building
Hours of Operation
8:00 am - 5:00 pm
Monday - Friday
General
Restaurant
Hours of Operation
6:00 am - II pm or I :00 am
Seven Days a Week
In summary, the proposed office building and general office use are more compatible with the existing
residential neighborhood to the south and the new condominiums under development. The proposed
building height is comparably lower, the rear setback to the residential is considerably greater and the.
type of use and hours of operation will be more compatible with residential. During early morning and
evening hours when most people are home and enjoying the quiet of their neighborhood, the office
building will be closed and also quiet.
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Agenda Item No. 17 A
June 12. 2007
Page 119 of 160
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June 12, 2007
Page 120 of 160
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June 12, 2007
P ge 121 of 160
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Agenda Item No. 17A
June 12, 2007
Page 122 of 160
REV: 2
PUDA-2006-AR-t0916
PROJECT #2005030054
DATE: 2/16/07
CAROLINA VALERA
PLANNING DEVELOPMENT INCORPORATED
rl"l't'/"/'III<'ot (' ',111'11//<111I'_ rl/,\!.illc','r\, /'Iwlllc'/'\ (III,{ I..m,/\t '1/" ,If'< hil, ','/\
February 12, 2007
via hand delivery
Ms. Carolina Valera
c/o Consuela Whiteway
Collier County Planning Services
2800 N. Horseshoe Drive
Naples, Florida 34104
RE: Pinc Ridgc Mixcd Usc Centcr - MPUD Amendmcnt
1st Resubmittal - Response to Staff Review Comments
PDlPN: 06.01006
Dear Ms. Valera:
Thank you, in advance, for your assistance with the review and permitting of the subject project. Please
see the following responses to your review comments received via e-mail on Friday, January 26, 2007,
regarding the above referenced project.
Upon your receipt and review of these responses, should you or any other reviewer still have
outstanding or additional comments, or follow-up questions or concerns, we encourage you or them to
contact our office immediately to further discuss and resolve the issue. It is our hope that this
application may continue to be processed in a timely manner.
Sincerely,
PLANNING DEVELOPMENT INCORPORATED
~::::-::~
President
Enclosures and attachments as referenced
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Agenda Item No. 17A
June 12, 2007
Page 123 of 160
RE: PUDA-AR-I0916 - PINE RIDGE MIXED USE CENTER
The following comments are provided to you regarding the above referenced project. If you have questions,
please contact the appropriate staff member who conductcd the review. The project will retain a "HOLD"
status until all negative comments are satisfied.
Snbmittals must be a minimum of ten (10) complete sets of Civil drawings aud five sets of Landscape or
Architectural drawings if needed.
Tile followinll nellative comments were received and need to be addressed as noted:
DEV REV ENVIRONMENTAL PLANNING
Standard Checklist Item:
7. Provide calculations showing the appropriate acreage of native vegetation to be retained and the
maximum amount that is to be re-created. Clearly identify the location of both on the master plan. (LDC
3.05.07.B-D, F, H.l.d-e)
Reviewer Remarks to Checklist Item:
Identify the location ofthe mitigation area(s) on the Master Plan. These areas will be subject to Preserve
setback requirements for any new construction (25' for principle structures/lO' for accessory structures).
Response: Changes made consistent with your request. Please see revised text and master plan.
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Agenda Item No. 17 A
June 12, 2007
Page 124 of 160
DEV REV COMP PLANNING
Standard ChecWist Item:
Stipulations for Approval Letter
Reviewer Remarks to ChecWist Item:
COMPREHENSIVE PLANNING COMMENTS:
The subject property is designated Urban - Commercial District, Mixed Use Activity Center Sub-district
(#12), as identified on the Future Land Use Map of the Growth Management Plan.
The Mixcd Use Activity Center Sub-district permits a full array of commercial uses (C1-C5), residential
uses, institutional uses, and hotel/motel uses at a density consistent with the Land Development Code.
Residential density is calculated based upon the gross project acreage within the Activity Center and a
density of up to 16 residential units per gross acre is allowed. Mixed use developments, whether
consisting of residential units located above commercial uses, in an attached building, or in a
freestanding building, are allowed. Additionally, the subject property supports Policy 7.5, which states
that the County shall encourage mixed-use development within the same buildings by allowing
residential dwelling units over and/or adjacent to commercial development, as allowed within specific
sub-districts.
The factors to consider during review of a rezone petition within the Mixed Use Activity Center Sub-
district are as follows:
Rezones within Mixed Use Activity Ccnters are encouraged to be in the form of a Planned Unit
Development. There shall be no minimum acreage limitation for such Planned Unit Developments
except all requests for rezoning must meet the requirements for rezoning in the Land Development
Code.
(This project was submitted as a Mixed Use PUD, a redevelopment ofthe existing approved PUD.)
The amount, type and location of existing zoned commercial land, and developed commercial uses,
within the Mixed Use Activity Center and within two road miles of the Mixed Use Activity Center. (The
Mixed Use PUD is located within Activity Center #12. That Activity Center includes a variety of
mostly retail commercial uses, The subject site is presently approved as mixed usc, including residential
multi-family now under conversion from the formcr hotel. Within two road miles is a variety of
commercial uses - office, retail, service - and residential singlc family and multi-family.)
Market demand and service area for the proposed commcrcialland uses to be used as a guide to explore
the feasibility of the requested land uses, (No market study was submitted with this application.
However, the site is currently zoned PUD with a mixcd use component of residential and
commercial/restaurant uscs compatible with the existing zoning in Activity Center #12.)
Existing patterns of land use within the Mixed Use Activity Center and within two radial miles. (There
is a variety of existing land uses within Activity Center #12 and inclusive of two radial miles, including
commercial, residential and mixed-use PUDs.)
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Agenda Item No. 17A
June 12, 2007
Page 125 of 160
Adequacy of infrastructure capacity, particularly roads. (The project contains access to Pine Ridge Road.
Transportation Planning Department will review this petition for adequate road capacity.)
Compatibility of the proposed development with, and adequacy of buffering for, adjoining property.
(The Comprehensive Planning staff defers the compatibility deternlination to the Department of Zoning
and Land Development Review staff as part of their review of this petition in its entirety.)
Natural or man made constraints. (There are no such constraints that would necessitate approval of this
project so as to allow for reasonable use of the site.)
Rezoning criteria identified in the Land Development Code. (This review is performed by the
Department of Zoning Land Development Review.)
Conformance with Access Management Plan provisions for Mixed U se Activity Centers contained in
the Land Development Code. (This was initially addressed in the Rezone PUD document under Section
4.5 Transportation. However, Comprehensive Planning staff defers this to the Transportation Planning
Department as part of their review for the redevelopment portion of this PUD.)
Coordinated traffic flow on-site and off-site, as may bc demonstrated by a Traffic Impact Analysis, and
a site plan/master plan indicating on-site traffic movements, access point locations and type, median
opening locations and type on the abutting roadway(s), location of traffic signals on the abutting
roadway(s), and internal and external vehicular and pedestrian interconnections. (A Traffic Impact
Analysis was not provided with the application for review of this petition. However, a detailed traffic
review is performed by the Transportation Planning Deparhnent.)
Interconnection(s) for pedestrians, bicycles and motor vehicles with existing and future adjacent
projects. (The PUD Master Plan does not show that the proposed redevelopment provides some
pedestrian and bicycle access to the adjacent western, eastern, and southern existing and future projects
through existing sidewalks. The site has vehicular access to Castello Drive to the south. Street,
pedestrian pathway and bike lane interconnections where possible and practicable, are encouraged
within the Mixed Use Activity Center Sub-district MPUD. )
Conformance with the architectural design standards as identified in the Land Development Code.
(Conformance is provided for in the Project Intensity & Development Standards Document within this
application.)
Policy 5.4 requires new developments to be compatible with surrounding land uses. Comprehensive .
Planning leaves this detennination to Zoning and Land Development Review as part of their review of
the petition in it's entirety.
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, (The site has direct access to Pine Ridge Road, an
arterial roadway.)
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Agenda Item No. 17A
June 12, 2007
Page 126 of 160
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. (The subject
site is already developed. Given its small size (,;,4 acres), the proposed redevelopment of the restaurant
with offices will not accommodate a traditional loop road.)
Policy 7.3:
All new and existing developments shall be encouraged to connect their local streets and their
interconnection points with adjoining neighborhoods or other developments regardless ofland use type.
(The Boundary Survey and PUD Master Plan do show that the current development provides some
pedestrian and bicycle access to the adjacent westem, eastem, and southern existing and future projects
through existing sidewalks. The site also has vehicular access to Castello Drive to the south. Street,
pedestrian pathway, and bike lane interconnections with adjacent properties, where possible and
practicable, are encouraged within the Mixed Use Activity Center Sub-district. The intent is for mixed-
use projects to be developed at a human scale, pedestrian-oriented, and interconnected with adjacent
projects. Although the subject property is already developed, the adjacent property to the east is not;
however, the master plan shows an allowance for a potential street interconnection between the two.)
Policy 7.4
The County shall encourage new developments to provide walkable communi tics with a blend of
densities, common open spaces, civie facilities and a range of housing prices and types. (The site is
presently developed with a defunct restaurant and a hotel under conversion to a residential
condominium. The site's small size and limited area of redevelopment to replace the restaurant with an
office building does not allow for a blend of densities or housing prices (further, the residential use is
already approved and under redevelopment), nor addition of civic facilities or any significant change in
open space. However, the site will continue to have pedestrian access to some adjacent lands.).
Review of GMP Compliance Narrative Document:
Please revise as follows: '
1. The subject property is located in an area identified as an Mixed Use Activity Center in the Growth
Management Plan for Collier County
3. The project development utilizes creative land use planning consistent with Policy 5.3 of the Future
Land Use Element. (not applicable - applies to AglRural area,)
4.3. The project development is consistent with Policy 5.3 of the Future Land Use Element for the
reason that it minimizes the cost of community facilities by confining urban intensity development to
areas designated as Urban, The project is compatible with adjacent land uses through the intemal
arrangement of structures, the placement of landscape buffers, and the proposed development standards
contained herein.
4. The project is compatible with adjacent land uses, as required by Policy 5.4 of the Future Land Use
Element, through the internal arrangement of stmctures, the placement of landscape buffers, and the
proposed development standards contained hercin.
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Agenda Item No. 17 A
June 12, 2007
Page 127 of 160
5. The project development is a mixed-use development and utilizes innovative land development
techniques consistent with as encouraged by Policy 7.5 5.6 of the Future Land Use Element.
CONCLUSION:
Based upon the above analysis, staff concludes the proposed PUD amendment may be deemed
consistent with the Future Land Use Element. However, revisions to the GMP Compliance Narrative
document are needed, as noted above.
Response: The requested changes have been made. Please find the revised document attached. It
was also submitted via e-mail on January 12, 2007.
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Agenda Item No. 17 A
June 12. 2007
Page 128 of 160
The followinf! comments were received. are informational and/or mav inclade stipulations:
DEV REV CURRENT PLANNING
Enter additional comments here:
1. Please provide the proposed changes based on County format. Please contact Matjorie M.
Student-Stirling.
Response: Per subsequent conversations, please see attacbed documeut as crossed-thru and
resubmitted per county formatting procedures.
2. Please indicate how the proposed higher development is proposed to be made compatible with the
single family homes to the south.
Response: Please see the attacbed memorandum as previonsly transmitted.
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Agenda Item No. 17 A
June 12. 2007
Page 129 of 160
DEV REV ENGR H20 MGMT
The route of the offsite discharge
Offsite discharge path stays the same
Adjacent utilities both underground and overhead
Stays the same
Well field protection areas within 1000ft of the project.
City's Coastal Ridge Well field is along Goodlette Rd, but has no effect here.
No response necessary.
DEV REV PUBLIC UTILITY
COMMENTS
No objection. The project is served by the City of Naples for potable water and wastewater collection
services. Subject to submission of a "Statement of Availability Capacity" from City of Naples to Collier
County Engineering Services Department.
No response necessary.
DEV REV TRANSPORTATION
Access Management (LDC 4.03.08 A.1-4; Ord. 01-246)
1/8/07 Review Comments:
Access management was addressed with the "Grand Inn" review on this site (AR-I0304). There are no
modifications anticipated at this time to be required to the conceptual access management for this site.
A review of operational conditions will be reviewed upon application for a subsequent Development
Order or DO amendment.
Response: Acknowledged.
Turn Lanes (LDC 10.02.05; Ord. 2003-37)
1/8/07 Review Comments:
Turn lane requirements were addressed with the "Grand Inn" review on this site (AR-10304). There are
no modifications anticipated at this time to be required to the turn lanes for this site. A review of
operational conditions will be reviewed upon application for a subsequent Development Order or DO
amendment.
Response: Acknowledged.
TIS Requirements (LDC 6.02.03 D.1-7; TIS Guidelines)
1/8/07 Review Comments:
The Trip Generation Report that has been submitted reflects an overall reduction in site traffic.
No response necessary.
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Please note - Text [s shown as follows:
Agenda Item No. 17A
June 12, 2007
Page 130 of 160
Not underlined or highlighted - Text taken directly from Current Pine Ridge Mixed Use PUD
Document - Ordinance 06-06
Underlined and Highlighted - Proposed text for incorporation .into the Pine Ridge Mixed Use PUD
Document
PINE RIDGE MIXED USE CENTER
A MIXED USE PLANNED UNIT DEVELOPMENT (MPUD)
Project Intensity & Development Standards Document; document date - 09-01-06 - revised 2-9-07
I MAXIMUM PROJECT INTENSITY
A.
B.
Multi-family Residential:
Commercial:
56'
10,gOO sf ef Cemmereial/ReslEffifant
34.000 sf of General Office **
'One unit of the approved 56 multi-family units must remain dedicated as a care takers residence for
the duration of the project, unless amended by the Board of County Commissioners tlrrough the
customary PUD amendment procedure.
** General office uses which are listed bv the C-I through C-4 Commercial Zoninl! Districts. as they
mav be amended and fmiher limited to those uses which do lJOt reQuire oarking ill excess of
the Darking reQuirement for office.
I DIMENSIONAL AND DEVELOPMENT STANDARDS
A, Minimmn Lot Area:
10,000 SF
B. Minimum Lot Width:
100 Feet
C. Maximum Building Height &
Associated Setback Requirements:
I. Primary structures: project boundaries:
Max. Bldg.
Height
Setbacks Requirements
Front (East) Side
Greater of
(West) .Side
Rear
25 ft
35 ft
45 ft
25 ft
25 ft
35 ft
a lift or Y, BH
W lift 01' Y, BH
~ lift 01' Y, BH
25 ft
25 ft
35 ft
25 ft
50 ft
75 ft
2. Setback requirements for primary stmctures: interior boundaries: the greater of 10
feet or half the height of the stmcture.
REV: 2
Page I of 4
PUDA-2006-AR-10916
PROJECT #2005030054
DATE: 2/16/07
CAROLINA VALERA
Agenda Item No. 17A
June 12, 2007
3. Setback requirements for covered parkingandlor garage accessory stnfc'tMep11<sf 1l1gt;
except from Pine Ridge Road which requires a 20 foot setback.
O. Distance Between Principal Structures:
A minimum of half the sum of the
height of the structures, unless
attached, then none.
E, Maximum Number of Stories:
4 Stories for Residential Structures
4 Stories for Mixed Use StlUctures
3 Stories for Office Buildings
F. Maximum Height of Covered Parking:
Twelve (12) feet.
G. Minimwn Floor Area of Principal Structures:
One thousand (1,000) square feet per building
on the grooAEI flea,
H. Minimwn Open Space:
30 percent of the acreage of the PUO. This
acreage may include the development of open
space plaza features inclusive of water
elements, and decorative pedestrian walks and
seating areas enhanced by landscaping,
1. Off-Street Parking
Per LOC - except 2 parking spaces per
residential unit
J. Off-Street Loading:
Pel' LOC
K. Landscaping:
Per LOC; except that
I. All trees within buffers adjacent to right-
of-way shall be installed with a County Staff
approved deep root system; and,
2. In order to facilitate the potential retention
of existing trees, no water management 01' no
new lines of continuous utilities shall be
developed within the required buffers; and,
3. In order to facilitate the retention of
existing trees, rows of parking may contain
more than ten (10) parking spaces
uninterrupted by a landscaped island provided
that an average often (10) or less spaces is
maintained within the overall development.
1. Landscape Buffers:
1. Pine Ridge Road: PUO Type "0.1" Landscaped Buffer: This buffer shall have an overall
width of 20 feet. The public sidewalk has been displaced fi'om public right-of-way to within the
subject property where practical. This has provided desirable landscaped separation between
Page 2 of 4
Agenda Item No. 17 A
June 12, 2007
sidewalk and the roadway curb. The width of the displaced sidewalk is included M\!j\~J tlilMalli
of this buffer. Tree and hedge installation shall meet the requirements of the LDC Type D buffer.
2, South: PUD Type "B,I" Landscaped Buffer: LDC Type B tree and hedge requirements in
addition to a masonry wall/fence or prefabricated concrete wall/fence shall be provided: except
that the spacing of the shade trees, shall be 15 feet and the trees shall have a minimum height at
installation of 12 feet.
3, East & West: PUD Type "B.2" Landscaped Buffer is required where the subject property
abuts commercially zoned property: LDC Type B tree and hcdge requirements in addition to an
integrated green or black vinyl coated chain link fence shall be provided: except that the spacing
of the shade trees shall be 20 feet and the trees shall have a minimum height at installation of 10
feet.
M. Preservation Requirements and Standards:
This PUD is required to maintain 10,541
square feet of preserve /mitigation and these
areas shall minimally meet the development
standards permitted by SDP-147; as amended.
A Preserve Area Management Plan shall be
provided to Environmental Review Staff
for approval in the ftrst subsequent
application for SDP Amendment or new
SDP after approval of this PUD. The Plan
shall delineate location of the provided 10,541
square feet (of preserve/mitigation) and shall
identify methods to address treatment of
invasive exotic spccies, ftre management, and
maintenance. Principal structures shall be
setback a minimum of25 feet and accessorv
structures shall minimally have a setback of
10 feet except for the dumpster
enclosures and existing paved parking areas
which mav accommodate covered parking as
pel111itted bv the prior zoning and associated
SDP.
N. Architectural Design Standards:
Per LDC
O. Lighting:
Per LDC; except that, the maximum height of
existing parking lot and site lighting ftxtures
shall be I 6 feet and installed and located in a
manner so that light shall shielded from
residentially zoned area, New parking lot
fixtures. except at proiect entrances where
lighting must meet arterial level lighting
standards. shall be limited to bolla.rds to avoid
conflicts with trees, No new neon lighting
shall be visible from the exterior of the
project.
Page 3 of 4,
Agenda Item No. 17A
June 12, 2007
Page 133 of 160
P. Signage:
Per LDC
I MPUD MASTER PLAN
Exhibit "A" is a MPUD Master Plan and is an illustrative preliminary development plan. Design
criteria and layout illustrated on this supporting exhibit shall be understood to be flexible so that final
design may satisfy development objectives and be consistent with the Project Development, as set forth
in this document.
Page 4 of 4
Agenda Item No. 17A
June 12, 2007
Page 134 of 160
Not underlined or highlighted - Text taken directly from Current Pine Ridge Mixed Use PUD
Document - Ordinance 06-06
Please note - Text Is shown as follows:
Underlined and Highlighted - Proposed text for incorporation into the Pine Ridge Mixed Use PUD
Document
PINE RIDGE MIXED USE CENTER
A MIXED USE PLANNED UNIT DEVELOPMENT (MPUD)
Project Intensity & Development Standards Document; document date - 09-01-06 - revised 2-9-07
I MAXIMUM PROJECT INTENSITY
A.
B.
Multi-family Residential:
Commercial:
56'
10,000 sf sf CoH1R'i6reiaIfRestaHmnt
34.000 sf of General Office **
.One unit of the approved 56 multi-family units must remain dedicated as a care takers residence for
the duration of the project, unless amended by the Board of County Commissioners through the
customary POO amendment procedure.
." Genenlloffice uses which are listed bv tlle Co 1 through C-4 Commercilll Zoning Districts. as thev
mav be amended and further limited to those uses which do not require parking in excess of
the parking requirement for office.
I DIMENSIONAL AND DEVELOPMENT STANDARDS
A. Minimunl Lot Area:
10,000 SF
B. Minimum Lot Width:
100 Feet
C. Maximum Building Height &
Associated Setback Requirements:
1. Primary structures: project boundaries:
Max. Bldg.
Height
Setbacks Requirements
Front (East) Side
Greater of
(West) Side
Rear
25 ft
35 ft
45 ft
25 ft
25 ft
35 ft
~ li,ft or Yz BH
~ li,ft or Yz BH
~ li,ft or Yz BH
25 ft
25 ft
35 ft
25 ft
50 ft
75 ft
2. Setback requirements for primary structures: interior boundaries: the greater of 10
feet or half the height of the structure.
Page 1 of 4
Agenda Item No. 17A
June 12, 2007
3. Setback requirements for covered parking and/or garage accessory strudt003S:13f5olfelffi
except from Pine Ridge Road which requires a 20 foot setback.
D. Distance Between Principal Structures:
A minimum of half the sum of the
height of the structures, unless
attached, then none.
E. MaximUlU Number of Stories:
4 Stories (or Residential Structures
4 Stodes IorMiied Use Structures
3 Stories for Office Buildings
F. Maximum Height of Covered Parking:
Twelve (12) feet.
G. Minimum Floor Area of Principal Structures:
One thousand (1,000) square feet per building
Oil. the greWidflee~
H. Minimum Open Space:
30 percent ofthe acreage of the PUD. This
acreage may include the development of open
space plaza features inclusive of water
elements, and decorative pedestrian walks and
seating arcas enhanced by landscaping.
1. Off-Street Parking
Per LDC - except 2 parking spaces per
residential unit
J. Off-Street Loading:
Per LDC
K. Landscaping:
Per LDC; except that
I. All trees within buffers adjacent to right-
of-way shall be installed with a County Staff
approved deep root system; and,
2. In order to facilitate the potential retention
of existing trees, no water management or no
new lines of continuous utilities shall be
developed within the required buffers; and,
3. In order to facilitate the retention of
existing trees, rows of parking may contain
more than ten (10) parking spaces
uninterrupted by a landscaped island provided
that an average often (10) or less spaces is
maintained within the overall development.
L. Landscape Buffers:
1. Pine Ridge Road: PUD Type "D.I" Landscaped Buffer: This buffer shall have an overall
width of 20 feet. The public sidewalk has been displaced from public right-of-way to within the
subject property where practical. This has provided desirable landscaped separation between
Page 2 of 4
Aaenda Item No. 17 A
~ June 12, 2007
sidewalk and the roadway curb. The width of the displaced sidewalk is included ~fti11't Hi~ WilRR
of this buffer. Tree and hedge installation shall meet the requirements of the LDC Type D buffer.
2. South: PUD Type "B.l" Landscaped Buffer: LDC Type B tree and hedge requirements in
addition to a masonry wall/fence or prefabricated concrete wall/fence shall be provided: except
that the spacing of the shade trees, shall be IS feet and the trees shall have a minimum height at
installation of 12 feet.
3. East & West: POO Type "B.2" Landscaped Buffer is required where the subject property
abuts corrunercially zoned property: LDC Type B tree and hedge requirements in addition to an
integrated green or black vinyl coated chain link fence shall be provided: except that the spacing
of the shade trees shall be 20 feet and the trees shall have a minimum height at installation of 10
feet.
M. Preservation Requirements and Standards:
This PUD is required to maintain 10,541
square feet of preserve /mitigation and these
areas shall minimally meet the development
standards permitted by SDP-147; as amended.
A Preserve Area Management Plan shall be
provided to Environmental Review Staff
for approval in the fIrst subsequent
application for SDP Amendment or new
SDP after approval of this PUD, The Plan
shall delineate location ofthe provided 10,541
square feet (of preserve/mitigation) and shall
identifY methods to address treatment of
invasive exotic species, fIre management, and
maintenance. Princioalstructures shall be
setback a minimum of25 feet and accessory
structures shall minimallv have a setback of
10 feet exceot for the dumoster
enclosures and existing paved parking areas
which mav aecorrunodate covered parking as
permitted bv the prior zoning and associated
SDP.
N. Architectural Design Standards:
Per LDC
O. Lighting:
Per LDC; except that, the maximum height of
existing parking lot and site lighting fixtures
shall be 16 feet and installed and located in a
manner so that light shall shielded from
residentially zoned area. New parking lot
fixtures. except at proiect entrances where
lighting must meet arterial level lighting
standards. shall be limited to bollards to avoid
conflicts with trees. No new neon lighting
shall be visible from the exterior of the
project.
Page 3 of 4.
.
,
Agenda Item No. 17A
June 12, 2007
Page 137 of 160
P. Signage:
Per LDC
I MPUD MASTER PLAN
Exhibit "A" is a MPUD Master Plan and is an illustrative preliminary development plan. Design
criteria and layout illustrated on this supporting exhibit shall be understood to be flexible so that final
design may satisfy development objectives and be consistent with the Project Development, as set f01th
in this document.
Page 4 of 4
Agenda Item No. 17 A
June 12, 2007
Page 138 of 160
PINE RIDGE MIXED USE CENTER
PLANNED UNIT DEVELOPMENT (MPUD)
Growth Management Plan (GMP) Compliance Narrative; document date 1.12,07
The development of approximately 4.02 acres of property in Collier County, as a Planned Unit
Development to be known as Pine Ridge Mixed Use Center will be in compliance with the goals,
objectives and policies of Collier County as set forth in the Growth Management Plan. The
mixed-use residential and commercial development of Pine Ridge Mixed Use Center will be
consistent with applicable comprehensive planning objectives of each of the elements of the
Growth Management Plan for the following reasons:
1. The subject property is located in an area identified as a Mixed Use Activity Center in the
Growth Management Plan for Collier County,
2. Activity Centers are the preferred locatious for the concentration of commercial, high-
density residential and mixed-use development activities.
3. The project development is consistent with Policy 5.3 of the Future Land Use Element
for the reason that it minimizes the cost of community facilities by confining urban
intensity development to areas designated as Urban.
4. The project is compatible with adjacent land uses, as required by Policy 5.4 of the Future
Land Use Element, through the internal arrangement of structures, the placement of
landscape buffers, and the proposed development standards contained herein.
5, The project development is a mixed-use development as encouraged by Policy 7.5 of the
Future Land Use Element.
6. The project development provides interconnection to adjacent local streets consistent
with Policy 7.3 of the Future Land Use Element.
7. The proposed residential density of 14 units per acre is consistent with the Mixed Use
Activity Center Subdistrict which provides for mixed use development with up to 16
units per gross acre.
8. Subject Property Area is 4.02 acres x 14 units per acre = 56 dwelling units maximum.
9, The project will be served by a complete range of services and utilities as approved by
the County. Water and sewer utilities are provided by the City of Naples.
10. All final local development orders for this project are subject to the Collier County
Adequate Public Facilities Ordinance.
REV: 2
PUDA-2006-AR-I0916
PROJECT #2005030054
DATE: 2/16/07
CAROLINA VALERA
Agenda Item No. 17 A
June 12, 2007
Page 139 of 160
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a
Agenda Item No. 17A
June 12, 2007
Page 143 of 160
- I
EXHIBIT "A"
PINE RIDGE MIXED-USE CENTER
A Mixed Use Planned Unit Development
REGULATION AND SUPPORTING MASTER PLAN
GOVERNING PINE RIDGE MIXED-USE CENTER.
A MIXED USE PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF
THE COLLIER COUNTY lAND DEVELOPMENT CODE
Prepared
For:
Grand Inn of Naples, Inc.
1100 Pine Ridge Road
Naples, Florida 34103
PREPARED
BY:
Michael R. Fernandez, AICP
Planning Development Incorporated
5133 Castello Drive Suite 2, Naples, Florida 34103
239.263.6934 I 239.263.6981fax
POI MRF @ aol.com
ORIGINAL DOCUMENT DATE
03-18-05
REVISION DATE
DATE FilED
05-03-07
DATE REVIEWED BY CCPC
DATE APPROVED BY BCC
ORDINANCE NUMBER
AMENDMENTS AND REPEALS
05-03-07
1995-52
2006-06
Agenda Item No. 17A
June 12, 2007
Page 144 of 160
TABLE OF CONTENTS
PAGE
THRU
PAGE
LIST OF EXHIBITS AND TABLES
STATEMENT OF COMPLIANCE
iii
iv
Iii
iv
SECTION
PROPERTY OWNERSHIP & DESCRIPTION
1-1
1-3
II
PROJECT DEVELOPMENT
2-1
2-4
III
MIXED-USE DEVELOPMENT COMMITMENTS
3-1
3-3
IV
DEVELOPMENT COMMITMENTS
4-1
4-3
Page Ii
.
EXHIBIT "A"
TABLE I
Agenda Item No. 17 A
June 12, 2007
Page 145 of 160
LIST OF EXHIBITS AND TABLES
MPUD Master Plan
Land Use Table
Paqe iii
Agenda Item No. 17 A
June 12, 2007
Page 146 of 160
STATEMENT OF COMPLIANCE
The development of approximately 4.02 acres of property in Collier County, as a Mixed Use
Planned Unit Development to be known as Pine Ridge Mixed Use Center will be in compliance
with the goals, objectives and policies of Collier County as set forth in the Growth Management
Plan. The mixed-use residential and commercial development of Pine Ridge Mixed Use Center
will be consistent with applicable comprehensive planning objectives of each of the elements of
the Growth Management Plan for the following reasons:
1. The subject property is located in an area identified as a Mixed Use Activity Center in the
Growth Management Plan for Collier County.
2. Activity Centers are the preferred locations for the concentration of commercial, high-
density residential and mixed-use development activities.
3. The project development is consistent with Policy 5.3 of the Future Land Use Element for
the reason that it minimizes the cost of community facilities by confining urban intensity
development to areas designated as Urban.
4. The project is compatible with adjacent land uses, as required by Policy 5.4 of the Future
Land Use Element, through the internal arrangement of structures, the placement of
landscape buffers, and the proposed development standards contained herein.
5. The project development is a mixed-use development as encouraged by Policy 7.5 of the
Future Land Use Element.
6. The project development provides interconnection to adjacent local streets consistent
with Policy 7.3 of the Future Land Use Element.
7. The proposed residential density of 14 units per acre is consistent with the Mixed Use
Activity Center Subdistrict which provides for mixed use development with up to 16 units
per gross acre.
8. The subject property area is 4.02 acres by 14 units per acre to equal a 56 dwelling units
maximum.
9. The project will be served by a complete range of services and utilities as approved by
the County. Water and sewer utilities are provided by the City of Naples.
10. All final local development orders for this project are subject to the Collier County
Adequate Public Facilities Ordinance of the Land Development Code (LDC).
Page iv
Agenda Item No. 17A
June 12, 2007
Page 147 of 160
SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
1.1 PURPOSE
The purpose of this Section is to set forth the location and ownership of property, and to
describe the existing conditions of the property proposed to be developed under the
project name of Pine Ridge Mixed Use Center.
1.2 LEGAL DESCRIPTION
The subject property being 4.02::t acres, is described as:
A lot or parcel of land lying in Lot 51, NAPLES IMPROVEMENT COMPANY'S LITTLE
FARMS according to map thereof recorded in Plat Book 2, Page 2, of the Public Records
of Collier County, Florida, which lot or parcel is described as follows:
Commence at the Northwest corner of Section 15, Township 49 South, Range 25 East,
run Easterly along the North line of said section 662.3 feet; thence run Southerly for 15
feet to the Northwest corner of the East half (E1/2) of West half (W1/2) of said lot 51 to
the point of beginning: thence run South along the West line of said East half (E1/2) of
the West half (W1/2) for 316.5 feet more or less to the South line of said lot 51: thence
run East along said South line for 150 feet; thence run North parallel to said West line of
the East half (E1/2) of the West half (W1/2) for 316.5 feet more or less to a point on the
North line of said Lot 51; thence run West along said North line for 150 feet to the point of
beginning: being West 150 feet of said East half (E1/2) of the West half (W1/2) of Lot 51,
less and except the North 10' thereof.
East 150 feet of the West 300 feet of the East half (E1/2) of the West (W12) of Lot 51,
NAPLES IMPROVEMENT COMPANY'S LITTLE FARM, a Subdivision according to the
Plat thereof, as recorded in Plat Book 2, at Page 2, in the Public Records of Collier
County, Florida, less and except the Northerly 15' thereof.
A lot or parcel of land lying in Lot 51, NAPLES IMPROVEMENT COMPANY'S LITTLE
FARMS according to a map or plat thereof as recorded in Plat Book 2, at Page 2, of the
Public Records of Collier County, Florida, which lot or parcel is described as follows:
From the Northwest corner of Section 15, Township 49 South, Range 25 East, run
Easterly along the North line of said section for 662.3 feet: thence run Southerly for 15
feet to the Northwest corner of the East half (E1/2) of the West half (W1/2) of said Lot 51,
thence run Easterly along the North line of said Lot 51 for 375 feet to the point of
beginning of the lands hereby conveyed. From said point of beginning run South, parallel
to the West line of said East half (E1/2) of the West (W1/2) for 316.5 feet more or less to
the South line of said Lot 51, thence run East along said South line for 75 feet, thence run
parallel to said West line of the East half (E1/2) of the West half (W1/2) for 316.5 feet
more or less to a point on the North line of said Lot 51: thence run West along said North
Page 2-1
Agenda Item No. 17A
June 12, 2007
Page 148 of 160
line for 75 feet to the point of beginning, being the East 75 feet of the West 450 feet of
said East half (E1/2) of the West half (W1/2) of Lot 51.
South 105 feet of the East 125 feet of the West Y, of Lot 51, NAPLES IMPROVEMENT
COMPANY'S LITTLE FARMS as recorded in Plat Book 2, Page 2, Public Records of
Collier County. Florida.
East half (E1/2) of the West half (W1/2) except the East 125 feet and except the West
450 feet of Lot 51 less the North 15 feet for right-of-way, Lot 51 NAPLES
IMPROVEMENT COMPANY'S LITTLE FARMS as recorded in Plat Book 2, at Page 2,
Public Records of Collier County, Florida.
East 75 feet of the West 375 feet of the East half (E1/2) of the West half (W1/2) of Lot 51
less the North 15 feet for right-of-way, NAPLES IMPROVEMENT COMPANY'S LITTLE
FARMS as recorded in Plat Book 2, at Page 2, Public Records of Collier County, Florida.
1.3 PROPERTY OWNERSHIP
The property is owned by Grand Inn of Naples, Inc., Michael Kessous (contact) and is
hereinafter called "applicant or developer".
1.4 GENERAL DESCRIPTION OF PROPERTY AREA
A. The property is located in Section 15, Township 49 South, Range 25 East. The
property consists of approximately 4.02 acres and is located approximately 740
feet from the southeast corner of U.S. 41 and Pine Ridge Road and off and south
of Pine Ridge Road. The property currently supports a 105-room hotel which is
permitted for conversion to structure supporting 56 condominium units, an 8,000:1:
square foot restaurant and approximately 30% or 1.2 acres of open space.
B. The zoning classification of the property prior to the date of this approved MPUD
Document was MPUD.
1.5 PHYSICAL DESCRIPTION
The property has the following designation relative to flood - FEMA FIRM Flood Zone
XO. Community-Panel Number 120067 0383G; Effective Date: November 17, 2005.
1.6 PROJECT DESCRIPTION
The Pine Ridge Mixed Use Center is a proposed mixed-use center, which will support a
maximum intensity of development not to exceed commercial (general office) square
footage of 34.000 square feet and 14 residential dwelling units per acre.
1.7 SHORT TITLE
This Ordinance shall be known and cited as the "Pine Ridge Mixed Use Center Mixed
Use Planned Unit Development Ordinance."
Page 2-2
,
I'
Agenda Item No. 17A
June 12, 2007
Page 149 of 160
SECTION II
PROJECT DEVELOPMENT
2.1 PURPOSE
The purpose of this Section is to delineate and generally describe the project's plan of
development, relationships to applicable County ordinances and other project
relationships.
2.2 GENERAL
A. Regulations for development of the Pine Ridge Mixed Use Center shall be in
accordance with the contents of this Document, MPUD-Mixed Use Planned Unit
Development District and other applicable sections and parts of the Collier County
Land Development Code (LDC) and Growth Management Plan (GMP) in effect at
the time of issuance of any development order to which said regulations relate
which authorizes the construction of improvements, such as but not limited to final
subdivision plat (if required), final site development plan (SDP), excavation permit
and preliminary work authorization. Where these regulations fail to provide
development 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 Pine Ridge Mixed Use Center shall become part of the
regulations which govern the manner in which the MPUD site rnay be developed.
D. Unless modified, waived or excepted by this MPUD Document or associated
exhibits, the provisions of other sections of the LDC where applicable remain in full
force and effect with respect to the development of the land which comprises this
MPUD.
E. Development permitted by the approval of this petition will be subject to a
concurrency review under the provisions of the LDC relating to adequate public
facilities.
2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
Page 2-3
Agenda Item No. 17 A
June 12, 2007
Page 150 of 160
A. The project Master Plan. including access locations, is illustrated graphically by
Exhibit "A" MPUD Master Plan. There shall be one (1) general mixed-use tract.
TABLE I:
PINE RIDGE MIXED USE CENTER
ESTIMATED LAND USE SUMMARY
TYPE
UNITS / SQUARE FOOTAGE
ACREAGE
M Mixed Use
56 multi-family units'
34,000 sf commercial
4.02:t
Exhibit "A" is a MPUD Master Plan and is an illustrative preliminary development plan.
Design criteria and layout illustrated on this supporting exhibit shall be understood to be
flexible so that final design may satisfy development objectives and be consistent with the
project development, as set forth in this Document.
'One unit of the approved 56 multi-family units shall remain dedicated as a care-takers
residence for the duration of the project.
2.4 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE
A mixed use center with a maximum intensity of development which shall not exceed 56
multi-family units and 34,000 square feet maximum of general office uses. The gross
project area is 4.02:t acres.
2.5 RELATED PROJECT PLAN APPROVAL REQUIREMENTS
A. Prior to the recording of a record plat, and/or condominium plat for all or part of the
MPUD, final plans of all required improvements shall receive approval of the
appropriate Collier County governmental agency to insure compliance with the
MPUD Master Plan, the Collier County Subdivision Code and the platting laws of
the State of Florida as may be applicable.
B. Exhibit "A", MPUD Master Plan, constitutes the required MPUD development plan.
Subsequent to or concurrent with MPUD approval, a preliminary subdivision plat, if
applicable, shall be submitted for the entire area covered by the MPUD Master
Plan. Any division of property and the development of the land shall be in
compliance with the LDC and the platting laws of the State of Florida.
C. The provisions of the LDC, when applicable, shall apply to the development of all
platted tracts, or parcels of land as provided in the LDC prior to the issuance of a
building permit or other development order.
Page 2-4
.
Agenda Item No. 17A
June 12, 2007
Page 151 of 160
D. Appropriate instruments will be provided at the time of infrastructure improvements
regarding any dedications and method for providing perpetual maintenance of
common facilities.
E. Design and construction of all improvements shall be subject to compliance with
the appropriate provisions of the LDC.
F. The developer shall make a contribution to the County's Affordable Housing Fund
in the amount of $1 ,000 per residential dwelling unit within 60 days of the approval
of the MPUD.
2.6 AMENDMENTS TO MPUD DOCUMENT OR MPUD MASTER PLAN
Amendments may be made to the MPUD as provided in the LDC.
2.7 ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCE
Whenever the developer elects to create land area 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 owners'
association, or another appropriate entity, whose function shall include provisions for the
perpetual care and maintenance of all common facilities and open space subject further
to the provisions of the LDC.
2.8 LANDSCAPE BUFFERS. FENCES AND WALLS
Landscape buffers, fences and walls are generally permitted as a principal use
throughout the Pine Ridge Mixed Use Center. The following standards shall apply:
A. Landscaping slopes shall have the following maximum side slopes:
1. Grassed slopes 3:1
2. Ground covered slopes 2:1
3. Rip-Rap slopes 2:1
4. Structural walled changes in elevation - vertical
The above slopes are maximums and require Staff review and approval of
individual applications where such maximum slopes exceed LDC Standards.
Page 2-5
Agenda Item No. 17A
June 12, 2007
Page 152 of 160
2.9 GENERAL PERMITTED USES
Certain uses shall be considered general permitted uses throughout the Pine Ridge
Mixed Use Center MPUD.
A. General Permitted Uses:
1. Essential services: Essential services are defined as services designed
and operated to provide water, sewer, gas, telephone, electricity, cable
television or communications to the general public by providers which have
been approved and authorized according to laws having appropriate
jurisdiction. Essential services are accessory uses to the permitted uses
listed in Section 3.2.
2. Water management facilities and related structures.
3. Temporary construction, sales, and administrative offices for the developer
and developer's authorized contractors and consultants, including
necessary access ways, parking areas and related uses.
Page 2-6
r
Agenda Item No. 17A
June 12, 2007
Page 153 of 160
SECTION III
MIXED USE DEVELOPMENT STANDARDS
3.1 PURPOSE
The purpose of this Section is to set forth the regulations for the Property designated on
Exhibit "A", MPUD Master Plan, as "Mixed-Use".
3.2 No building or structure, or part thereof, shall be erected, altered or uses, or land or water
used, in whole or in part, for other than the following:
A. Permitted Principal Uses and Structures:
1. Multi-family dwellings.
2. General office uses which are listed by the C-1 through C-4 Commercial
Zoning Districts of the LDC, as they may be amended and further limited to
those uses which do not require parking in excess of the parking
requirement for office.
B. Permitted Accessory Uses and Structures
1. Accessory uses and structures customarily associated with the uses listed
above.
2. Covered parking structures/garages.
3.3 DEVELOPMENT STANDARDS:
A. Lot Area: 10,000 square feet
B. Lot Width: 100 feet
C. Maximum Buildinq Heiqht and Setback Requirements:
1. Primary structures: project boundaries:
Max. Bldg.
Height
Setbacks Requirements
Front (East) Side
Greater of
(West) Side
Rear
25 ft
35 ft
45 ft
25 ft
25 ft
35 ft
15 ft or Y> BH
15ftorY>BH
15 ft or Y> BH
25 ft
25 ft
35 ft
25 ft
50 ft
75 ft
Page 3-1
Agenda Item No. 17 A
June 12, 2007
Page 154 of 160
2. Setback requirements for primary structures: interior boundaries: the
greater of 10 feet or half the height of the structure.
3. Setback requirements for covered parking and/or garage accessory
structures: 15 feet: except from Pine Ridge Road which requires a 20 foot
setback.
4. Maximum actual building height, as defined by the LDC, of the 3-story office
building is 50 feet.
D. Distance Between Principal Structures:
A minimum of half the sum of the height of the structures, unless attached, then
none.
E. Maximum Heiqht of Covered Parkinq Structure:
Twelve (12) feet.
F. Minimum Floor Area of Principal Structures:
One thousand (1,000) square feet per building.
G. Maximum Number of Stories (see Section 3.3.C and MPUD Master Plan for
additional buildinq heiqht standards):
4 Stories for Residential Structures.
4 Stories for Mixed Use Structures.
3 Stories for Office Buildings.
H. Landscapinq:
As required by the LDC unless specified herein. All trees within buffers adjacent
to rights-of-way shall be installed with a County Planning Staff approved deep root
system.
1. The following buffers shall be considered to meet or exceed LDC required
buffers:
a. MPUD Type "D.1" Landscaped Buffer: This buffer shall have an
overall width of 20 feet. The public sidewalk has been displaced
from public right-of-way to within the subject property where
practical. This has provided desirable landscaped separation
between the sidewalk and the roadway curb. The width of the
displaced sidewalk is included within the width of this buffer.
Tree and hedge installation shall meet the requirements of the LDC
Type D buffer.
Page 3-2
T
Agenda Item No. 17 A
June 12, 2007
Page 155 of 160
b. MPUO Type "B.1" Landscaped Buffer: LOG Type B tree and hedge
requirements in addition to a masonry wall/fence or prefabricated
concrete wall/fence shall be provided: except that the spacing of the
shade trees shall be 15 feet and the trees shall have a minimum
height at installation of 12 feet.
c. MPUO Type "B.2" Landscaped Buffer shall be required where the
subject property abuts commercially zoned property: LOG Type B
tree and hedge requirements in addition to an integrated green or
black vinyl coated chain link fence shall be provided, except that the
spacing of the shade trees shall be 20 feet and the trees shall have a
minimum height at installation of 10 feet.
2. In order to facilitate the potential retention of existing trees, no water
management facilities or no new lines of continuous utilities shall be
developed within the required buffers.
I. Landscapinq for Off-Street Parkinq:
In order to facilitate the retention of existing trees, rows of parking spaces may
contain more than ten (10) parking spaces uninterrupted by a landscaped island
provided that an average of ten (10) or less spaces is maintained within the overall
development.
J. Open Space Requirements:
Thirty (30) percent of the acreage of the MPUO. This acreage may include the
development of open space plaza features inclusive of water elements, and
decorative pedestrian walks and seating areas enhanced by landscaping.
K. Liqhtinq:
The maximum height of existing parking lot and site lighting fixtures shall be 16
feet and installed and located in a manner so that light shall be shielded from
residentially zoned areas. No neon lighting shall be visible from the exterior of the
project. New parking lot fixtures, except at project entrances where lighting must
meet arterial level lighting standards, shall be limited to bollards to avoid conflicts
with trees.
L. Parkinq:
Each unit shall provide 2 parking spaces per residential unit. General office
parking requirements will be provided as required by the LOG at the time of SOP
application.
Page 3-3
Agenda Item No. 17A
June 12, 2007
Page 156 of 160
SECTION IV
DEVELOPMENT COMMITMENTS
4.1 PURPOSE
The purpose of this Section is to set forth the development commitments for the
development of the project.
4.2 GENERAL
All facilities shall be constructed in accordance with SDPs, final subdivision plats and all
applicable State and local laws, codes and regulations applicable to this MPUD.
Except where specifically noted or stated otherwise, the standards and specifications of
the LDC or successor ordinance, shall apply to this project. The developer, its
successor and assigns shall be responsible for the commitments outlined in this
Document.
The developer, its successor or assignee shall agree to follow the Master Plan and the
regulations of the MPUD as adopted, and any other conditions or modifications as may
be agreed to in the rezoning of the property. In addition any successor or assignee in
title of the developer is bound by any commitments within this Document.
4.3 MPUD MASTER PLAN
A. Exhibit "A", MPUD Master Plan, illustrates the proposed development and is
conceptual in nature. Proposed tract or special land use boundaries shall not be
construed to be final and may be varied at any subsequent approval phase such
as at final platting or SDP application. subject to the provisions of the LDC and
amendments as may be made from time to time.
B. All necessary easements, dedications. or other instruments shall be granted to
insure the continued operation and maintenance of all service utilities and all
common areas on the property.
4.4 ENVIRONMENTAL
A. This MPUD shall be consistent with the Environmental Sections of the GMP
Conservation and Coastal Management Element and the LDC in effect at the time
of final development order approval.
B. 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.
Page 4-1
r
Agenda Item No. 17 A
June 12, 2007
Page 157 of 160
C. This MPUD is required to maintain 10,541 square feet of preserve /mitigation and
these areas shall minimally meet the development standards permitted by SDP-
147.
D. A Preserve Area Management Plan shall be provided to
Environmental Review Staff for approval in the first subsequent application
for SDP amendment or new SDP after approval of this MPUD. The site plan shall
delineate the location of the provided 10,541 square feet of preserve/mitigation
and shall identify methods to address treatment of invasive exotic species, fire
management, and maintenance. Principal structures shall be setback a minimum
of 25 feet and accessory structures shall minimally have a setback of 10 feet
except for the dumpster enclosures and existing paved parking areas which may
accommodate covered parking as permitted by the prior zoning and associated
SDP.
4.5 TRANSPORTATION
A. All traffic control devices, signs, pavement markings and design criteria shall be in
accordance with Florida Department of Transportation (FDOT) Manual Uniform
Minimum Standards (MUMS), current edition, FDOT Design Standards, current
edition, and the Manual on Uniform Traffic Control Devises (MUTCD), current
edition. All other improvements shall be consistent with and as required by the
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
MPUD Master Plan shall be 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. 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 constructed may
be less than the number depicted on the Master Plan; however, no additional
access points shall be considered unless a MPUD amendment is to be processed.
D. 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 CO.
E. Road impact fees shall be paid in accordance with applicable County Ordinances.
F. All work within Collier County rights-of-way or public easements shall require a
right-of-way permit.
Page 4-2
Agenda Item No. 17 A
June 12, 2007
Page 158 of 160
G. All proposed median opening locations shall be in accordance with the Collier
County Access Management Policy (Resolution No. 01-247), as it may be
amended, and the LDC, as it may be amended. Collier County reserves the right
to modify or close any median opening existing at the time of approval of this
MPUD which is found to be adverse to the health, safety and welfare of the public.
Any such modifications shall be based on, but are not limited to, safety,
operational circulation. and roadway capacity.
H. Nothing in any development order shall vest a right of access in excess of a right
inlright out condition at any access point. Neither shall the existence of a point of
ingress, a point of egress or a median opening, nor the lack thereof, be the basis
for any future cause of action for damages against the County by the developer, its
successor in title, or assignee.
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 County shall have no responsibility for maintenance of
any such facilities.
J. If any required turn lane improvement requires the use of any existing County
rights-of-way or easements, compensating right-of-way shall be provided without
cost to Collier County as a consequence of such improvement.
K. If 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.
L. A sidewalk connection shall be made from Castello Drive to the sidewalk at the
handicap parking area.
Page 4-3
, ,
Agenda Item No. 17A
June 12, 2007
Page 159 of 160
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 MIXED USE
PLANNED UNIT DEVELOPMENT M(PUD) TO MIXED USE
PLANNED UNIT DEVELOPMENT (MPUD) FOR A
DEVELOPMENT KNOWN AS PINE RIDGE MIXED-USE
CENTER PUD LOCATED IN SECTION tS, TOWNSHIP 49
SOUTH. RANGE 25 EAST, COLLIER COUNTY, FLORIDA.
CONSISTING OF 4.02X ACRES, PROVIDING FOR THE
REPEAL OF ORDINANCE NUMBER 06-06, THE FORMER
PINE RIDGE MIXED-USE CENTER PUD; AND BY
PROVIDING AN EFFBCTIVE DATE.
WHEREAS, Michael R. Fcmandez, AICP, of Plruming Development Inc., representing
Grand Inn of Naples, 1ue" petitioned the Board of County Conmlissioners to change the zoning
classification of the herein described real property.
NOW, THEREFORE BE rf ORDAINED BY THE BOARD OF COUNTY
COMM1SSIONERS OF COLLIER COUNTY, FLOIUDA, thal:
SECTION ONE:
'nIe zoning classification of the herein described real property located in Section 15,
Township 49 South, Range 25 Enst, Collier Counfy. Florida, is changed from the Mixed Use
PImmed Unit Development (MPUD) Zoning District to the Mixed Use Plmmed Unit
Development (MPOO) Zoning District in accordance with the MPUD Document, attached hereto
as Exhibit "N' and incorporated by reference herein, The appropriate zoning atlas mnp 01' maps, as
described in Ordinance Number 2004-41, as amended, the Collier County Land Development
Coete, is/are hereby amended accordingly.
SECTION TWQ;
Ordina11CC Number 06-06, known as the Pine Ridge Mixed-Use Center PUD adopted on
January 24, 2006 by the Board of County Commissioners of Collier Counly. is hereby repealed in
its cntire:ty.
1
Agenda Item No. 17A
June 12, 2007
Page 160 of 160
SECTION THREE:
This Ordinance shall become effective upon filing with the Department of State,
PASSED AND DULY ADOPTED by super-majority vote of the Board of County
Commissioners of Collier County, Florida, this _ day of
.2007.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
JAMES N. COLETTA, CHAIRMAN
Deputy Clerk
Approved as to f0I111 and
legal sufficiency
-~~~
- .
. -
OA.lJJ ' _,,,___
MarjOl' M, Student-Stirling
Assistant County Attorney
f>UDA-Ul06.AIl._I0916
2
.
Agenda Item No. 17B
June 12, 2007
Page 1 of 6
EXECUTIVE SUMMARY
Recommendation to approve Petition AVPLAT-2007-AR-11576, Lipari-Ponziane, to
disclaim, renounce and vacate the County's and the Public's interest in a County Utility
Easement encumbering Tract "FD-1", Lipari-Ponziane, a subdivision as recorded in Plat
Book 47, Pages 80 through 89 of the Public Records of Collier County, Florida, situated in
Section 31, Township 50 South, Range 26 East, Collier County, Florida, and being more
particularly described in Exhibit "A".
OBJECTIVE:
To adopt a resolution vacating a County Utility Easement over Tract "FD-1", Lipari-Ponziane, a
subdivision as recorded in Plat Book 47, Pages 80 through 89 of the Public Records of Collier
County, Florida, situated in Section 31, Township 50 South, Range 26 East, Collier County,
Florida, and being more particularly described in Exhibit "A".
CONSIDERATIONS:
Petition AVPLAT-2007-AR-11576, Lipari-Ponziane. has been received by the Engineering
Services Department from Alan Cruz of Johnson Engineering, Inc., as agent for the petitioner,
VK Holdings Treviso Bay Golf Course, LLC.
Letters of no objection have been received from applicable divisions/entities.
FISCAL IMPACT:
Engineering Services Department staff has collected a $1,000 "Petition to Vacate" fee from the
petitioner which covers the County's cost of recording and processing the Petition.
GROWTH MANAGEMENT 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. 17 B
June 12, 2007
Page 2 of 6
RECOMMENDATIONS:
Adopt the Resolution for Petition AVPLAT-2007-AR-11576, vacating the County Utility
Easement encumbering Tract "FD-1", Lipari-Ponziane, a subdivision as recorded in Plat Book
47, Pages 80 through 89 of the Public Records of Collier County, Florida, situated in Section 31,
Township 50 South, Range 26 East, Collier County, Florida, and being more particularly
described in Exhibit "A".
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:
Stephen A. Higgins P.S.M., Land Surveyor
Engineering Services Department
...-
~
Item Number:
ttemSummllry;
Meellng Dllte:
Page ] of 1
Agenda Hem No. 178
June 12, 2007
Page 3of6
COLLIER COUNTY
BOARD Of COUNTY COMMISSIONERS
178
TI1is item reqlllres 1111)\1\11 participants be sworn inand 8X pane disclos'.lre be provided by
C;ommission members Recommendation to approv& Petitiol1 AVPLAT,2007-AR,11576.
Llpari-PoClziane, to disclaim, rellounce and v<lCatettleCGl.mtys 8Cldttlf Publics interesl in a
C;ouflly Utility Easement encumbering Tract FD-1, Llpari-Ponziane aSJbdivisiol1 as recorded
In Piat Book 47, Pagf)S 80 tlllOugh 89 of lhe Public Record~ 0\ Collier County, Florida
~il",ated Ifl Section 31. Township 50 Soulh Range 25 East CoHier COlnty, Florida, ami being
more particuiarly descritJed Irl ExhibllA,
6112i200780000nvl
Date
Prepared By
SlDphenHiggins
Communit~ Developmelll &
EnvironmenlalServices
Surveyor
CDES Engineering Serricas
5110120079:4956AM
CDES Engineering Services Direr.tor
Date
Approved By
ThomasE,Kuck.,P.E,
Community Development 8<
Environmental Services
CDESEngineering Services
S/10/200112:08PM
Approved By
Date
NickCasalanguida
TransponationServices
MPOOircctor
TransportationPhmnlllg
511412007 8:S~ AM
Dale
Approved By
Marlene Stewart
Community Development &
Environmental Services
Execul;veSecratary
Communit~ Development &
Environmental Services Admin
S/1S/2007 i:5f PM
Approved By
Date
JuctyPuig
OperatioflsAnalyst
Approved By
Community Development & Community Development 8<
Environmental Services Environmental Services Adm;n.
511&1200711:0GAM
~.
JosephK Schmitt
Community Development &
Env;ronmentalServices
Commw1ity Development &
Envirollml:ntal S<irviccs Adminslrator
Date
Community [x)velopment &
Enviro!l<fmntalServicesAdmill,
5/22120074:51 PM
Data
Approved By
OMBCoordinator
County Manager's Offl~e
OMBCoordinlltor
OffiCf.I(,f Management & Buclget
5125120073:53PM
Appro\'cd By
Budget Analyst
D~te
Marklsilcl(son
County Manager's Office
Office of Management & Budget
6!1I20075:0C PM
Date
Appru\'ed By
JarncsV. Mudd
Board of County
Commissioners
County Manager
County Manager's Office
6/2f2007 1:3~ PM
file://C:\AgendaTcst\Export\84-Junc%20 12,%202007\ 17. %20SUMMAR Yo/a20j-.... G ENDA \ 17" 6/6/2007
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Agenda Item No. 17B
June 12, 2007
Page 6 of6
RESOLUTION NO. 07-_
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA.
RELATING TO PETITION AVPLAT-2007-AR-11576,
DISCLAIMING, RENOUNCING, AND VACATING THE
COUNTY'S AND THE PUBLIC'S INTEREST IN THE COUNTY
UTILITY EASEMENT ENCUMBERING TRACT uFD-1",
L1PARI-PONZIANE. A SUBDIVISION AS RECORDED IN
PLAT BOOK 47, PAGES 80 THROUGH 89 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA. SITUATED IN
SECTION 31, TOWNSHIP 50 SOUTH. RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, AND BEING PARTICULARLY
DESCRIBED IN EXHIBIT 'A'.
WHEREAS, pursuant to Sections 177.101, Florida Statutes, Petitioner, VK
Holdings Treviso Bay LLC, has requested vacation of a County Utility Easement
over Tract "FD-1", Upari-Ponziane, a subdivision as recorded in Plat Book 47,
Pages 80 through 89 of the Public Records of Coliier County, Florida, situated in
Section 31, Township 50 South, Range 26 East, Coilier County, Florida, as
specifically described in Exhibit 'A'; and
WHEREAS, the Board has this day held a pubiic hearing to consider
Petitioner's request, and notice of said pubiic hearing was given as required by
law; and
WHEREAS, the granting of Petitioner's request will not adversely affect
the ownership or right of convenient access of other property owners; and
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMiSSIONERS OF COLLIER COUNTY, FLORIDA, that the County's interest
in the County Utility Easement as specifically described in Exhibit 'A' 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; and to make proper notation of this vacation
on the recorded plat as referenced above,
This Resolution adopted after motion, second and majority vote favoring
same, this _ day of , 2007.
DATE:
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
JAMES COLETTA, CHAIRMAN
Approved as to form and legal
sufficiency:
By:
Jeff E. Wright
Assistant Collier County Attorney
,
~-
Agenda Item No. 17e
June 12, 2007
Page 1 of 89
EXECUTIVE SUMMARY
CU-2006-AR-9458, Silver Strand III Partnership, represented by George L. Varnadoe,
Esquire, of Cheffy, Passidomo, Wilson & Johnson, LLP and Fred Reischl, AICP, of Agnoli,
Barber & Brundage, Inc., requesting a Conditional Use for Rinker Concrete Plant at Silver
Strand in the Rural Agricultural with a Mobile Home Overlay (A-MHO) Zoning District.
The subject property, consisting of 14.74~ acres, is located approximately 1,300 feet south
of Stockade Road on the east side of Immokalee Road (CR 846), in Section 15, Township 47
South, Range 29 East, Immokalce, Collier County, Florida
OBJECTIVE:
To have the Board of County Commissioners (BCC) consider an application for a Conditional
Use to permit a concrete manufacturing facility on the above referenced property and to make
certain that the project is in hmmony with all applicable codes and regulations in order to ensure
that the community's interests are maintained.
CONSIDERATIONS:
The petitioner seeks a Conditional Use for a concrete plant on a 14.74:t acre parcel within a 469:t
acre parent parcel. The subject property is currently zoned Rural Agricultural with a Mobile
Home Overlay (A-MHO), and is currently an active orange grove. As depicted on the
"Conceptual Master Plan," the site is flag shaped, with a 150-foot wide appendage extending
approximately 600 feet to the principal area (600 feet by 870 feet or 11.98 acres) identified as the
"Concrete Manufacturing Facility." The primary access to the subject property would be via this
appendage that connects to Immokalee Road (SR 846). A secondary access road is also
proposed to interconnect to the property from the south. The subject property adjoins the 400-
acre parcel that has been submitted for a Growth Management Plan Amendment (GMPA) and
PUD Rezoning (AR-10262 Business Park at Silver Strand). The suhject property and the parcel
for the proposed GMP A are owned by the same party. The proposed Business Pm'k at Silver
Strand would fill in the gap area between the "Concrete Manufactunng Facility" and Immokalee
Road (SR 846). The plan proposes a ISO-foot setback from lmmokalee Road for Operational
Facilities, a 100-foot setback from any exterior boundary for raw materials storage, plant
location and general operations, and a 75-foot setback from lmmokalee Road (SR 846) for
supporting administrative offices and associated parking. A IS-foot wide buffer is proposed
around the perimeter of the project area, with an eight-foot height wall around west, south and
north perimeters of the "Concrete Manufacturing Facility."
FISCAL IMPACT:
The Conditional Use for Rinker Concrete Plant at Silver Strand request, by and of itself, will
have no fiscal impact on Collier County. There is no guarantee that the project, at build out, will
maximize its authorized level of development; however, if a Conditional Use for Rinker
_. Concrete Plant at Silver Strand is approved. a portion of the land could be developed.
Page 1 of 5
Agenda Item No. 17C
June 12, 2007
Page 2 of 89
",,'.'.
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
projeets 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
pelmit include building permit review fees and utility fees associa',ed with connecting to the
County's water and sewer system.
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 PLAN IMPACT:
Future Land Use Element (FLUE): Comprehensive Planning Department staff has reviewed
this request and offered the following comments:
_....-.
The petitioner '.I' property. as identified on the Future Land Use Map of the
Immokalee Area Master Plan, is within the Urban Designation (Urban
Residential District/Low Residential District). The Low Residential District
al/ows residential and non-residential uses that are compatible and/or support the
residential character of the area. In addition to the uses expressly aI/owed in this
District, Comprehensive Planning Department staff has his/Orical/y intelpreted
that uses aI/owed in the Agricultural Zoning District, such as the subject request,
are also consistent with the Lov.' Residential District.
The lmmokalee Area Master Plan (lAMP) describes Low Residential (LR) as:
. The purpose ofthis designation is to provide for a low density residential district.
. Residential dwellings shall be limited to single- family structures and duplexes.
. Multi-family dwellings shall be permitted provided they are within a Planned Unit
Development. Mobile home development shall be permitted in the form of mobile
home subdivisions or parks and as a mobile home overlay as defined by the Land
Development Code.
. A density less than or equal to four-dwelling units per gross acre is permitted.
Staff concludes that the proposed conditional use may be deemed consistent with the lmmokalee
Area Master Plan.
Transportation Element: The Traffic Impact Statement indicates that the concrete facility will
generate approximately 68 PM Peak Hour trips per day. Construction activity within the Town
of Ave Maria is expected to absorb sixty percent to seventy-five percent of the plant's truck
traffic and capacity. The Transportation Division Plmming staff indicated that the project is
consistent with Policies 5.1 and 5.2 of the Transportation Element of the GMP. Due to the
nature of the project traffic, turn lanes shall be provided in both directions. The project shall
Page 2 of 5
Agenda Item No. 17C
June 12, 2007
Page 3 of 89
.--
provide an annual monitoring report of traffic and road conditions immediately adjacent to the
project. The project shall donate any necessary right-of-way for the construction of turn lanes
and the future expansion of the adjacent roadway at the time of the next Development Order.
AFFORDABLE HOUSING IMPACT:
This request should increase employment oppOliunities for low and moderate income persons
within the Immokalee area, as recommended by the Heartland Area as designated by the State of
Florida for this area of Immokalee (See Staff Report). However, this request contains no
provisions to address the Affordable Workforce housing demands thai it may create.
ENVIRONMENTAL ISSUES:
Environmental Services Department Review staff has reviewed and approved this Conditional
Use request with one stipulation:
~-
1. At the time of Site Development Plan (SDP) submittal, the applicant shall
provide a soil analysis for organochlorine pesticides (EP A 8081) and RCRA 8
metals using Florida Department of Environmental Protection (FDEP) soil
sampling SOP FS 3000. If no storage shed or mixing areas were identified in an
audit, sampling should occur randomly from the agricultural area. Include a
background soil analysis especially whcn evaluating arsenic since it is a
naturally occurring soil constituent. Soil sampling should occur just below the
root zone; about 6 to 12 inches below ground surface and follow FDEP
procedures.
ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION:
The EAC did not review this petition due to the fact that the subject propeliy had been previously
disturbed.
LEGAL CONSIDERATIONS:
Before you is a recommendation by the Planning Commission for approval of a conditional use
to permit a concrete manufacturing facility within a rural agriculture with a mobile home overlay
(A-MHO) zoning district. A conditional use is a use that is permitted in a particular zoning
district subject to certain restrictions. Decisions regarding conditional uses are quasi judicial,
and all testimony given must be under oath. The attached report and recommendations of the
Planning Commission are advisory only and are not binding on you. Petitioner has the burden
of demonstrating that the necessary requirements have been met, and you may question
Petitioner, or staff, to satisfY yourself that the necessary criteria has been satisfied. In addition to
meeting the necessary criteria, which are listed above, you may place such conditions and
safeguards as you deem appropriate to allow the use, provided that there is competent,
substantial evidence that these additional conditions and safeguards are necessary to promote the
public health, safety, welfare, morals, order, comfOli, convenience, appearance, or the general
,...... welfare of the neighborhood. As a further condition of approval of the conditional use, you may
Page 3 of 5
Agenda Item No. 17e
June 12, 2007
Page 4 of 89
~
require that suitable areas for streets, public rights-of-way, schools, parks, and other public
facilities be set aside, improved, and/or dedicated for public use, subject to appropriate impact
fee credits. Approval or denial of the Petition is by Resolution, with approval of the conditional
use requiring four affirn1ative votes of the Board. ....JAK
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION:
The CCPC heard petition CU..2006-AR..9458 on AprilS, 2007 and by a vote of 8 to 0
recommended to forward this petition to the Board of Zoning Appeals (BZA) with a
recommendation of approval subject to the following conditions:
1. The Conditional Use is limited to what is shown on the Conceptual Site Plan, identified
as "Immokalee Concrete Plant Conceptual Master Plan," prepared by Agnoli, Barber &
Brundage, Inc, dated March 2006. The Site Plan is conceptual in nature for Conditional
Use approval. The final design must be in compliance with all applicable federal, state
and County laws and regulations. The Department of Zoning and Land Development
Review Director may approve minor changes in the location, siting, or height of
buildings, structures, and improvements authorized by this ~onditional use, so long as
these minor changes remain consistent with all applicable devdopment standards.
--
2. Expansion of the uses identified and approved within this Conditional Use, or major
changes to the approved plan, shall require the submittal of a new Conditional Use
Application and shall comply with all applicable County ordmances in effect at the time
of submittal, including Chapter 10.02.03 of the Collier County Land Development Code,
Ordinance 04-41, as amended, relating to Site Development Plan (SDP) review and
approval.
3. Principal access to the project site shall be from CR 846 (Immokalee Road).
4. Raw materials storage, plant location and general operations around the plant shall not be
located or conducted within lOO feet of any exterior boundary as shown on the
Conceptual Site Plan.
5. The height of raw material storage facilities shall not exceed 50..feet.
6. The hours of operation of the concrete plant shall be limited to two..hours before sunrise
to sunset.
7. The minimum setback from Immokalee Road (CR 846) shall be ISO-feet for operational
facilities and 75-feet for supporting administrative offices and associated parking.
8. An eight-foot height wall shall be located along the northern, southern, and western
boundaries of the "Concrete Manufacturing Facility," and landscaping planted on the
outside of these walls.
~.
Page 4 of 5
Agenda Item No. 17C
June 12, 2007
Page 5 of 89
9. Industrial noise buffering standards will be utilized to minimize noise generation and
shall not exceed the maximum noise standards for Collier County.
10. The project shall provide an annual monitoring report of traffic and road conditions
immediately adjacent to the project. The project should donate any necessary right-of-
way for the construction of turn, acceleration lanes, and the future expansion of the
adjacent roadway at the time of the next Development Order. The applicant shall be
responsible for the costs of constructing the entrance, turning lanes, and a minimum
1,41O-foot south bound acceleration lane or other roadway improvements that is
deternlined by the County Transportation Planning Services Department. The applicant
shall not be responsible for further pavement widening requirements after Immokalee
Road (CR-846) is improved to a four lane minor arterial road by Collier County.
The CCPC also voted to eliminate the recommended stipulation by the Environmental Services
Department Review staff because they felt there was no need for these tests due to the previous
agricultural activities and the close location of the subject property to the closed County Landfill.
Because the CCPC approval recommendation was unanimous and no letters of opposition have
been received, this petition has been placed on the Summary Agenda.
STAFF RECOMMENDATION:
-
Staff recommends that the Board of Zoning Appeals approve this Conditional Use Petition as
described by the Resolution of Approval and Exhibits thereto.
PREPARED BY:
Michael J. DeRuntz. CFM, Principal Planner
Department of Zoning and Land Development Review
,,-.
Page 5 of 5
lIem Number:
Item Summary:
Meeting Date:
Page 1 of I
Agenda Item No, 17C
June 12, 2007
Page 5 of 89
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
He
This ilem has been continued from the MilY 22 2007 Bee Meeting "his item requires that ail
participants be sworn In and e~ parte disclosLlre be provided by COmmission rnembers
Petition CU-2006-AR.9458, Silver StranG III Partnership, represente1 by George l
Varnadoe, EsqUire, of Ctleffy, Passidomo Wilson & Johnson, llP alld Fred Reischl, i\ICP
of Agnoli, Barber & Brui1dage Inc, requesting a conditional use for hnker Concrete Plant at
Silver Strand in the Rural Agr'culturai with an Mobile Home Overlay I'" ,MHO) Zoning District.
Thesubj8ct property, conslslingof 14,74 acres, is located appro~ima:ely 1,3001eel south of
Stocio;ade Roa(1 on the east side of Imrnokalee Road (Cf~ 846i in Se-,t'Ofl 15, Towllship 47
South, Range 29 East. Immokalee, Collier COllnty, Fionda
6112/200790000AM
Principal Planner
Dale
Prepared By
Michae{J,OeRunt:z
Community Development &
Environmental Services
Zoning 8. Land Development Review
4117/20075:0Q:20PM
Marlene Stewart
E~eC'utive Secretary
Date
Approved By
Community Development &
Environmental Services
Community Developmenl 8.
Environmental Services Admin,
5/21200712:0:' PM
Operation!!; Anaiy$t
Date
Approved By
JudyPuig
Communily Development &.
EnvironmontlllServices
Community Development 8.
Environmentnl Services Admin,
S/21200712:24PM
Assislal1t County Attorney
Date
Approved By
Jet'! Klatzkow
CounlyAtlomey
County Attorney Office
512120073:37 PM
Cl1iefPlanner
Oate
Approved By
Ray BellOWS
Community Developm,;nt &
EnvironrnenilllServices
Zoning & Land Deveiopment Review
512/20075:52 PM
Zoning & land Development Direclor
Date
Approved By
Susan Murray, AICP
Community Dovelopment &
Environmental Services
Zoning &. Land Development Review
513/200711:4.tAM
Norm E, Feder, AICP
Tmnsportlllion Divi$ion Administrlltor
Date
Approved By
Trll!1sporlationServices
TrllnSpOrtationSorvic",sAdmin,
518120071:35 PM
Approved By
Joseph K, Schmitt
Community Development &
EnvironmeotalServlces
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin
5/101200710,S6AM
OMBCoordinator
Date
Approved By
OMB CoordirMtor
County Manager's Office
Office of Management 8. Budget
512&120073:51 PM
Date
Approved By
Mark Isackson
County Manllger's Office
Budget Anlllyst
Office of Management & Budget
612/200712:40 PM
County Manager
Date
Approved Dy
James V, Mudd
Board of County
Commissioners
County Manager'sOftiee
6/2120071:56PM
file:! 1C:\Ae:endaTest\Exoort\84-June%20 12,%202007\ 17, %20SUMMAR Y%20ACiENDA \ 17 ."
6/6/2007
Agenda Item No. 17C
June 12, 2007
Page 7 of 89
Co1N:r County
- ~ ~-- -
ST AFF REPORT
COLLIER COUNTY PLANNING COMMISSION
FROM:
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
HEARING DATE: APRIL 5. 2007
SUBJECT: PETITION CU-2006-AR-9458, CONCRETE PLAN AT SILVER STRAND
PROPERTY OWNER/AGENT:
OWNER: Silver Strand III Partnership
2600 Golden Gate Parkway
Naples, FL 34105
AGENT: George L. Varnadoe, Esq.
CheffyPassidomo Wilson & Johnson LLP
821 Fifth Avenue South, Suite 201
Naples, FL 34102
Fred Reischl, AICP
Agnoli, Barber & Brundage, Inc.
7400 N. Tamiami Trail
Naples, FL 34108
REOUESTED ACTION:
George L. Varnadoe, Esq., Cheffy Passidomo Wilson & Johnson LLP, and Fred Reischl, AICP, Agnoli,
Barber & Brundage, Inc. representing Silver Strand III Partnership, requests approval of a Conditional Use in
the Rural Agricultural Zoning District with a Mobile Home Overlay (A-MHO) for a concrete plant, as
specified per Section 2.04.03 - Table 2 of the Collier County Land Development Code on 14.74 cr acres.
GEOGRAPHIC LOCATION:
The subject parcel is located in the southeast quadrant of the intersection of Immokalee Road (CR 846) and
Stockade Road, in Section 15, Township 47 South, Range 29 East, Collier County, Florida. (See Location
Map on the following page)
GU-2006-AR-9458
cepe Meeting April 5, 2007
Page 1 of 11
r
Agenda Item No. 17C
June 12, 2007
Page 8 of 89
Page Two for location Map
CU-2006-AR-9458
cepe Meeting April 5, 2007
Page 2 of 11
Agenda Item No. 17C
June 12, 2007
Page 9 of 89
PURPOSEIDESCRIPTION OF PROJECT:
The petitioner seeks a Conditional Use for a concrete plant on a 14.74:,:: acre parcel within a 469:':: acre parent
parcel. The subject property is currently zoned Rural Agricultural with a Mobile Home Overlay (A-MHO),
and is currently an active orange grove. As depicted on the "Conceptual Master Plan," the site is flag shaped,
with a 1 50-foot wide appendage extending approximately 600 feet to the principal area (600 feet by 870 feet /
11.98 acres) identified as the "Concrete Manufacturing Facility." The primary access to the subject property
would be via this appendage that connects to lmmokalee Road (SR 846). A secondary access road is also
proposed to interconnect to the property to the south. The subject property is a part of a 469-acre parcel that
has been submitted as Growth Management Plan Amendment and PUD Rezoning (AR-10262 Business Park
at Silver Strand). The proposed Business Park at Silver Strand would fill-in the gap area between the
"Concrete Manufacturing Facility" and lmmokalee Road (SR 846). The plan proposes a l50-foot setback
from lmmokalee Road for Operational Facilities, a 100-foot setback from any exterior boundary for raw
materials storage, plant location and general operations, and a 75-foot setback from Immokalee Road (SR
846) for supporting administrative offices and associated parking. A 15-foot buffer is proposed around the
perimeter of the project area, with an eight-foot height wall around west, south and east perimeters of the
"Concrete Manufacturing Facility."
SETBACKS
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CONCEPTUAL MASTER PLAN
CU.2006.AR.9458
cepe Meeting April 5, 2007
Page 3 of 11
T
Agenda Item No. 17C
June 12, 2007
Page 10 of 89
SURROUNDING LAND USE & ZONING:
SUBJECT PARCEL: Active Grove, zoned A-MHO
SURROUNDING:
North: Undeveloped, zoned A-MHO
East: County Facilities, zoned A-MHO
South: Active Grove, zoned A-MHO
West: Active Grove, zoned A-MHO
AERIAL MAP
GU-2006-AR-9458
cepe Meeting April 5. 2007
Page 4 of 11
Agenda Item No. 17C
June 12, 2007
Page 11 of 89
AERIAL MAP
GROWTH MANAGEMENT PLAN CONSISTENCY:
Future Land Use Element (FLUE): Comprehensive Planning staff has reviewed this request and offered the
following comments:
The petitioner's property, as identified on the Future Land Use Map of the lmmokalee Area Master Plan, is
within the Urban Designation (Urban Residential District/Low Residential District)(See Exhibit C). The Low
Residential District allows residential and non-residential uses that are compatible and/or support the
residential character of the area. In addition to the uses expressly allowed in this District, Comprehensive
Planning staff has historically interpreted that uses allowed in the Agricultural zoning district, such as the
subject request, are also consistent with the Low Residential District.
The lmmokalee Area Master Plan (lAMP) describes Low Residential (LR) as:
The purpose of this designation is to provide for a low density residential district.
GU-2006-AR-9458
cepe Meeting April 5, 2007
Page 5 of 11
Agenda Item No. 17C
June 12, 2007
Page 12 of 89
Residential dwellings shall be limited to single-family structures and duplexes.
Multi-family dwellings shall be permitted provided they are within a Planned Unit Development. Mobile
home development shall be permitted in the form of mobile home subdivisions or parks and as a mobile home
overlay as defined by the Land Development Code.
A density less than or equal to four-dwelling units per gross acre is permitted.
Staff concludes that the proposed conditional use may be deemed consistent with the Immokalee Area Master
Plan (See Consistency Review, Exhibit F).
Transportation Element: The Tramc Impact statement (Exhibit D) indicates that the concrete facility will
generate approximately 68 PM Peak Hour trips per day. Construction activity within the Town of Ave Maria
is expected to absorb sixty percent to seventy-five percent of the plant's truck traffic and capacity. The
Transportation Planning staff indicated that the project is consistent with policies 5.1 and 5.2 of the
Transportation Element of the GMP. Due to the nature of the project traffic, turn lanes shall be provided in
both directions. The project shall provide an annual monitoring report of traffic and road conditions
immediately adjacent to the project. The project shall donate any necessary right-of-way for the construction
of turn lanes and the future expansion of the adjacent roadway at the time of the next Development Order.
ZONING MAP
CU-2006-AR-9458
cepe Meeting April 5, 2007
Page 6 of 11
Agenda Item No. 17C
June 12, 2007
Page 13 of 89
ANALYSIS:
Before any Conditional Use recommendation can be offered to the Board of Zoning Appeals, the Planning
Commission must make findings that: I) approval of the Conditional Use will not adversely affect the public
interest; and 2) all specific requirements for the individual Conditional Use will be met; and 3) satisfactory
provisions have been made concerning the following matters, where applicable:
1. Consistency with the Land Development Code and the Growth Management Plan.
As previously noted, this request is consistent with the Growth Management Plan, and with the conditions
proposed by staff, this project will be in compliance with the LDC.
LDC Subsection 4.02.02 B.3.a. describes design criteria for asphaltic and concrete batch making plants:
a. Asphaltic and concrete batch making plants:
(i) Principal access shall be from a street designated collector or higher classification.
(ii) Raw materials storage, plant location and general operations around the plant shall not be located or
conducted within 100- feet of any exterior boundary.
(iii) The height ofraw material storage facilities shall not exceed a height of 50-feet.
(iv) Hours of operation shall be limited to two-hours before sunrise to sunset.
(v) The minimum setback from the principal road frontage shall be 150 feet for operational facilities and
75-feet for supporting administrative offices and associated parking.
(vi) An earthen berm achieving a vertical height of eight feet or equivalent vegetative screen with eighty
(80) percent opacity one-year after issuance of certificate of occupancy shall be constructed or
created around the entire perimeter of the property.
(vii) The plant shall not be located within the Greenline Area of Concern for the Florida State Park
System as established by the Department of Environmental Protection (DEP); within the Area of
Critical State Concern as depicted on the Future Land Use Map GMP; within 1,000-feet of a natural
reservation; or within any County, State, or Federal jurisdictional wetland area.
The proposed "Conditions of Approval" match the LDC's design criteria with the exception of the perimeter
buffer, which they are proposing an eight-foot height wall with buffering. They have not addressed criteria
(vii) but the subject property is not located within or near those environmentally sensitive areas.
2. Ingress and egress to the property and proposed structures thereon, with particular reference to
automotive and pedestrian safety and couvenience, traffic flow and control, and access iu case of fire
or catastrophe.
Adequate ingress and egress to the site will be provided through a primary entrance off of lmmokalee
Road (SR 846). The Transportation Planning staff is requiring that the project donate any necessary right-
of-way for the construction of turn lanes and the future expansion of the adjacent roadway at the time of
the next Development Order.
3. The effect the Conditional Use would have on neighboring properties in relation to noise, glare,
economic or odor effects.
The "Concrete Manufacturing Facility" has the potential of generating a variety of impacts on neighboring
properties. The petition attempts to address these impacts in their site design and the list of conditions which
CU-2006-AR-9458
cepe Meeting April 5, 2007
Page 7 of 11
Agenda Item No. 17C
June 12, 2007
Page 14 of 89
they agree to develop and maintain. Buffering, enhanced setbacks for building, operational facilities, and the
storage of raw materials, limits to the height of raw material storage facilities, limits to the hOlls of operation,
and access to the subj ect property have been provided to mitigate the impacts to noise, glare, economic or
odor effects. The application states that "Industrial noise buffering standards
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will be utilized to minimize noise generation. A distance of approximately 600 feet separates the existing
residential structures from the subject property to the north."
4. Compatibility with adjacent properties and other property in the district.
The proposed use is compatible with the surrounding neighborhood, which includes County facilities to
the east and the future business park to the south and west. The subject property is buffered with both
landscaping and a wall around the "Concrete Manufacturing Facility" and landscaping along the
entranceway. The petitioner has agreed to staffs recommended conditions of approval for this application
which aids in mitigating traffic, sight and noise impacts to the surrounding properties.
EAC RECOMMENDATION:
The Environmental Advisory Council did not revIew this petition because the applicant requested and
CU-2006-AR-9458
Page 8 of 11
cepe Meeting April 5. 2007
Agenda Item No. 17C
June 12, 2007
Page 15 of 89
received an EIS Waiver for this petition (See EIS Waiver, Exhibit E). Environmental Review staff ha:
reviewed and approved this Conditional Use request with one stipulation:
1. For the SDP submittal, the applicant will need to provide soil analysis for organochlorine
pesticides (EP A 8081) and RCRA 8 metals using FDEP soil sampling SOP FS 3000. If no
storage shed or mixing areas were identified in an audit, sampling should occur randomly
from the agricultural area. Include a background soil analysis especially when evaluating
arsenic since it is a naturally occurring soil constituent. Soil sampling should occur just
below the root zone; about 6 to 12 inches below ground surface and follow FDEP
procedures.
NEIGHBORHOOD INFORMATION MEETING:
Synopsis provided by Michael J. DeRuntz, CFM, Principal Planner:
Neighborhood Information Meeting (NIM) was held on December 18, 2006. at 6:00 p.m. at the following
location: Bethune Education Center, 614 South 5th Street, !mmokalee, Florida. Fred Reischl and Michael
DeRuntz were the only attendees at the NIM.
STAFF RECOMMENDATION:
Staff recommends that the Collier County Planning Commission (CCPC) forward a recommendation of
approval of Petition CU-2006-AR-9458 to the Board of Zoning Appeals (BZA), subject to the following
conditions:
1. The Conditional Use is limited to what is shown on the conceptual site plan, identified as "Immokalee
Concrete Plant Conceptual Master Plan," prepared by Agnoli. Barber & Brundage, Inc, dated March
2006. The site plan is conceptual in nature for conditional use approval. The final design must be in
compliance with all applicable federal, state and county laws and regulations. The Department of
Zoning and Land Development Review Director may approve minor changes in the location, siting, or
height of buildings, structures, and improvements authorized by this conditional use. so long as these
minor changes remain consistent with all applicable development standards.
2. Expansion of the uses identified and approved within this conditional use, or major changes to the
approved plan, shall require the submittal of a new conditional use application and shall comply with
all applicable County ordinances in effect at the time of submittal, including Chapter 10.02.03 of the
Collier County Land Development Code, Ordinance 04-41, as amended, relating to Site Development
Plan (SDP) review and approval.
3. Principal access to the project site shall be from CR 846 (Immokalee Road).
4. Raw materials storage, plant location and general operations around the plant shall not be located or
conducted within 100 feet of any exterior boundary as shown on the conceptual site plan.
5. The height ofraw material storage facilities shall not exceed 50-feet.
6. The hours of operation of the concrete plant shall be limited to two-hours before sunrise to sunset.
GU-2006-AR-9458
cepe Meeting April 5, 2007
Page 9 of 11
Agenda Item No. 17C
June 12,2007
Page 16 of 89
7. The minimum setback from Immokalee Road (CR 846) shall be 150-feet for operational facilities and
75-feet for supporting administrative offices and associated parking.
8. An eight-foot height berm with a vegetative buffer that consists of taller growing and denser type
native trees shall be provided along the perimeter of the subject property.
9. Industrial noise buffering standards will be utilized to minimize noise generation and shall not exceed
the maximum noise standards for Collier County.
10. For the SDP submittal, the applicant will need to provide soil analysis for organochlorine pesticides
(EPA 8081) and RCRA 8 metals using FDEP soil sampling SOP FS 3000. If no storage shed or
mixing areas were identified in an audit, sampling should occur randomly from the agricultural area.
Include a background soil analysis especially when evaluating arsenic since it is a naturally occurring
soil constituent. Soil sampling should occur just below the root zone, about 6 to 12 inches below
ground surface and follow FDEP procedures.
11. The project shall provide an annual monitoring report of traffic and road conditions immediately
adjacent to the project. The project should donate any necessary right-of-way for the construction of
turn lanes and the future expansion of the adjacent roadway at the time of the next Development
Order.
GU-2006-AR-9458
cepe Meeting April 5, 2007
Page 10of11
PREPARED BY:
MICHAEL J. DE RUNTZ, CFM,
PRINCIPAL PLANNER
DEPARTMENT OF ZONING AND LAND
DEVELOPMENT REVIEW
DATE
REVIEWED BY:
JEFFREY KLATZKOW
ASSISTANT COUNTY ATTORNEY
DATE
RAY BELLOWS, PLANNING MANAGER
DEPARTMENT OF ZONING AND LAND
DEVELOPMENT REVIEW
DATE
SUSAN MURRAY ISTENES, AICP, DIRECTOR
DEPARTMENT OF ZONING AND LAND
DEVELOPMENT REVIEW
DATE
APPROVED BY:
JOSEPH K. SCHMITT, ADMINISTRATOR
COMMUNITY DEVELOPMENT &
ENVIRONMENTAL SERVICES DIVISION
DATE
Collier County Planning Commission:
MARK P. STRAIN, CHAIRMAN
DATE
Staff report for the April 5, 2007 Collier County Planning Commission Meeting
Tentatively scheduled for the May 8,2007 Board of County Commissioners Meeting
Exhibits: A. Findings of Fact
B. Proposed Conditions
C. lAMP Map
D. Traffic Impact Statement
E. EIS Waiver
F. Consistency Review
Agenda Item No. 17C
June 12, 2007
Page 17 of 89
Page 11 of11
cepe Meeting April 5, 2007
CU-2006-AR-9458
T
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLlERGOV.NET .
(i)
Agenda Item No. 17C
June 12, 2007
2800 NORTH HORSESHOE O~~ 18 of 89
NAPLES, FLORIDA 34104
(239) 403-2400 FAX (239) 643.6968
'--
PETITION NO (AR)
PROJECT NAME
PROJECT NUMBER
DATE PROCESSED
ASSIGNED PLANNER
[ CU-2006-AR-9458
PROJECT #2006030059
. DATE: 4117/06
HEIDI WILLIAMS
ABOVE TO BE COMPLETED BY STAFF
?~--~s~<irt~+Ji~If~~tH21fl~t~1~~1:t,~l~t~f:~:~f;tB~~;~t;~~~f~~iil~~j~\lli~~(It:{irJ~W,E~J!M:gl~_f~_~-~~R~t~tt~j~Jl~)~i~~f;~~:~:~:,~~t!:r':~~\?::i:~:>~'
NAME OF APPLICANT(S) SILVER STRAND III PARTNERSHIP
ADDRESS 2600 GOLDEN GATE PARKWAY CITY NAPLES
. TELEPHONE # 239-262-2600 CELL #
E-MAIL ADDRESS:TSANSBURY@BARRONCOLlIER.COM
STATE FL ZIP 34105
FAX#
NAME OF AGENT GEORGE L, VARNADOE, ESQ.
FIRM CHEFFY PASSIDOMO WILSON & JOHNSON LLP
ADDRESS 821 FIFTH AVENUE SOUTH, SUITE 201 CITY NAPLES
TELEPHONE # 239-261-9300 CELL #
E-MAIL ADDRESS:
Name of Additional Agent Fred Reisch!. AICP Firm AgnaIL Barber & Brundage. Ine
Address & Telephone 7400 N. Tamiami Trail. Naples. FL 34108 Telephone # 239-597-3111
STATE FL ZIP
34102
FAX # 239.261-9782
BE AWARE THAT COlliER COUNTY HASLoaBYISTR~GULAtlo.IIIS;iGUlDE YOURSELF
ACCORD.lNGL Y AND ENSURE THAT VO.UAREIN COMPLIAIIICEWITHTHES~R~GULA TIONS.
~
APPL(CATlON fOR PUBLIC HEARtNG FOR CONDIT/ONAL USE - 4/1 4}03, (flV Sj20j2005
Agenda Item No. 17e
June 12, 2007
Page 19 of 89
Complete the following for all Association(s) affiliated with this petition. Provide additional sheets
if necessary.
NAME OF HOMEOWNER ASSOCIATION:
MAILING ADDRESS CITY STATE ZIP
NAME OF HOMEOWNER ASSOCIATION:
MAILING ADDRESS CITY STATE ZIP
NAME OF HOMEOWNER ASSOCIATION:
MAILING ADDRESS CITY STATE ZIP
NAME OF MASTER ASSOCIATION:
MAILING ADDRESS CITY STATE ZIP
NAME OF CIVIC ASSOCIATION:
MAILING ADDRESS CITY STATE ZIP
DISCLOSURE OF 'II>IH~EST!NFORMATION
a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety,
tenancy in eommon, or joint tenancy, list all parties with an ownership interest as
well as the percentage of sueh interest. (Use additional sheets if necessary).
Name and Address
Percentage of Ownership
APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/J4/03, rev 5/20/2005,
Agenda Item No. 17e
June 12, 2007
Page 20 of 89
b. If the property is owned by a CORPORATION, list the officers and stockholders and
the percentage of stoek awned by eaeh.
Name and Address
Percentage of Ownership
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
SEE ATTACHMENT
APPUCATlON FOR PUBllC HEARING FOR CONDITJONAl USE - 4/14/03, rev 5/20/2005
Agenda Item No. 17C
June 12, 2007
Page 21 of 89
e. If there is a CONTRACT FOR PURCHASE, wilh 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
Pereentage of Ownership
Date of Contract:
f. If any contingency clause or contract terms involve additional parties, list all
individuals or oFficers, if a eorporalion, partnership, or trust.
Name and Address
g. Date subject property acquired !3J 9/1990 leased 0 Term of lease _yrs./mos.
If, Petitioner has option to buy, indieate the following:
Date of option:
Date option terminates:
, or
Anticipated closing dale
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,
il is the responsibility of the applicant, or agent on his behalf, to submit
a supplemental disclosure of interest form.
APPLICATION FOR PUBLIC HEARING FOR CONDITIONAl USE - 4j' 4/03, rev 5/20/2005
Detailed leaal descriotion of the oropertv covered bv the application: (If space is inadequate, attach
on separate page.) II request involves change to more than one zoning district, include separate legal
descriplion for properly 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
m eeti"9.
NOTE, The applicant is responsible for supplying the eorrecltegal deserlption. If questions arise coneernlng
the legal description, an engineer's certiFication or sealed survey may be required.
Section/Township/Range
15
I 475
I
29E
Lot:
Plat Book
Bloek,
Page #,
Subdivisjon:
Property 1.0.#:
See Attached
Metes & Bounds Description:
SIZE OF PROPERTY; ft. X ft. = Total Sq, Ft, Acres 15:t
ADDRESS/GENERAL LOCATION OF SUBJECT PROPERTY, The subject parcel is located in
the southeast quadrant of the intersection of rmmokalee Rd (CR 846) and
Stockade Road.
"'\ '::;~n;;::;f!f$[ir#~E[;ij~~:t;~~i;~l:l.~~~tti:'f;~;QNIN~~I\i~}1.:>A'fili~.Q~~:T;1:'(:r!t~~!;(;;;h:'!~?tftti:E';';;: . ... .
Zoning Land use
N A - MHO Undevelooed
S A - MHO Actlye Groye
E A - MHO Countv Focillty
W A - MHO Active Grove
Does the owner 01 the subject property own property contiguous to the subject property'? If so,
give complete legal description of entire contiguous property. (If space is inadequate, attach on
separate page).
Section/T own ship/Range
15
/ 475
Subdivision:
Property 1.0,#:
I 29 E
Lot:
Plat Book
Block:
Poge #:
Meles & Bounds Description: See Attoched deed (subiect oorcel is 15+ acres of the 469+ ocres oarenl oarcel).
APPliCATION FOr? PUBLIC HeARING fOR CONDIT/GNAt USE - 4/14/03, rev 5/20/2005
Agenda Item No. 17C
June 12, 2007
Page 23 of 89
CONDITIONAL!U~~ H~EQU"STDETAIL .
Tvpe of Conditional Use: This application Is requesting a conditional use allowed per LDC Section
2.04.03 of the A - MHO zoning district for A Concrete Plant
(type of use).
Present Use of the Property:
Active Grove
EVALUATIQNtiUTERIA
.,.,;,-,;,,"
Evaluation Criteria: Provide a narrative statement describing this request for conditional use.
NOTE: Pursuant to Section 10.08.00. of the Collier County Land Development Code, stoff's
recommendotion to the Planning Commission and the Planning Commission's recommendation to the
Boord of Zoning Appeals shall be based upon a finding that the granting of the conditional use will not
adversely affect the public interest and that 1he .specific requirements governing the individual
conditional use, if any, have been met, and that further, satisfactory provision and arrangement hove
been mode concerning the following mailers, where applicable. Please provide detailed response to
each of the criterion listed below. Specify how and why the request is consislent with each. (Attach
additional pages as may be necessary).
a. Describe how the project is consistent with the Collier County Land Development Code and Growth
Management Plan (include information on how 1he request is consistent with the applicable section
or portions of the future land use element):
See Attached
b. Describe the existing or planned means of ingress and egress to the property and proposed
structure thereon with particula r reference to automotive ond pedestrian safety and convenience,
traffic flow and control, and access In Case of fire or catastrophe:
See Attached
APPLICATION FOR PUBUC HEARJNG FOR CONDITIONAl USE ~ 4/14/03, rev 5/20/2005
T
Agenda Item No. 17C
June 12, 2007
Page 24 of 89
c. Describe the effect the conditional use will have on neighboring properties in relation to noise,
glare, economic impact and odor: .
,<..,.
See Attached
d. Describe the site's and the proposed use's compatibility with adjacent properties and other
properties in the district:
See Atlached
e. Please provide any addltfonal information which you may feel is relevant to this request.
See Atlaehed
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 oscertaln whether or 1'101 the
request Is affected by existing deed restrictions.
Previous land use petitions on the subiect properlv: 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
Additional Snbmittal requirements: In addition to this completed application, the following must be
submitted in order for your application to be deemed sufficient, unless otherwise waived during the
preapplication meeting.
a. A copy of the pre-application meeting notes;
b. Twen1y (201 copies of a 24" x 36" conceptual site plan [and one reduced 8'/2" x 11" copy of site
plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional
copies of the plan may be requested upon comple1ion 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/ar 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],
APPLJCATION FOR PUSHC HtARINC FOR CONDrTJONAl us/:- 4/14/03, fey 5/20/2005
Agenda Item No. 17C
June 12, 2007
. locations of solid waste (refuse) containers and service function areas, Page 25 of 89
. required yards, open space and preserve areas,
. proposed locations for utilities (as well as location of existing utility services to the site),
. proposed and/or existing landscaping and buffering as may be required by the
County,
. location of all signs and lighting including a narrative statement as ta the type,
characler, and dimensions (such as height, area, etc.);
c. An Environmental Impact Statement (EIS), as req,uired by Section 3.8, of the Land Development
Code (LDC).
d. Whether or not an EIS is required, two copies of a recent aerial photograph, (taken within the
previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial
shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be
consistent with Florida Department of Transportation Land Use Cover and Forms Classification
System.
e. Statement of utility provisions (with all required attachments and sketches);
f. A Traffic Impact Statement (TIS), unless waived at the pre-application meeting;
g. A historical and archeological surveyor waiver application if property is located within an area of
historical or archaeological probability (as identified at pre-application meeting);
h. The petitioner must provide a
submittal of the application.
at:
letter of no objection from the United States Postal Service prior to
Please contact Robert M. Skebe, Growth Management Coordinator
U,S. Postal Service
1200 Goodlette Rood
Naples, Florida 34102-9998
Phone (239) 435-2122; Fax (239) 435-2160
. i. Any additional requirements as may be applicable to specific conditional uses and Identified
during the pre-application meeting, including but not limited to any required state or federal
permits.
BE ADVISED THAT SECTION 10.03.05,B.3 OF THE LAND DEVELOPMENT CODE REQUIRES AN APPLICANT
TO REMOVE THEIR PUBLIC HEARING SIGN (S) AFTER FINAL ACTiON IS TAKEN BY THE BOARD OF
COUNTY COMMISSIONERS. BASED ON THE BOARD'S FINAL ACTION ON THIS ITEM, PLEASE REMOVE ALL
PUBLIC HEARING ADVERTISING SIGN(S) IMMEDIATELY,
APPLICATION FOR PUBLIC HEAR.ING FOR CONDITIONAl USE - 4/14/03, feV ~/2012005
CONDITJ0NAL;VS~APP'ul~A'tfet.t .
. . s1;laM"r,rid~'cHi(1lKLl~i ~.'.'" ,
June 12, 200
Page 26 of 8
THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET
REQUIREMENTS #OF NOT
COPIES SUBMITTED REQUIRED
1. Completed Application 20* X
2. Copy of Deed(s) and list identifying Owner(s) and all 2* X
Partners if a Corporation
3. Completed Owner/Agent Affidavits, Notarized 2* X
4. Pre-application notes/minutes 20* X
S. Conceptual Site Plans (including (1) 8-1/2 X 11 eopy) 20* X
6. Environmentallmpad Statement - (EIS) 4 X
7. Aerial Pnotograph - (witn habitat areas identified) 5* X
8. Completed Utility Provisions Statement (with required 4 X
allachments and sketches)
9. Traffic Impact Statement - (TIS) 7 X
10. Historical & Archaeological Surveyor Waiver Applieation 4 X
11. Copies of State and/or Federal Permits 4 X
12. Architectural Rendering of Proposed Structure(s) 4 X
13. Application Fee - $4000 -
Comprehensive Plan Consistency Review = $300
Fire Code Review Fee = $150
Check shall be made payable to: X
Collier County Board of Commissioners
14. Electronic copy of all documents and plans 1 X
15. Leller of no objection from the United States Postal 1 X
~ervice
16. Otner Req uirements -
. Documents required for lon~.Range PlannIng Review
In accordance with LOC Section lO.08.00.K., an application for a conditional use will be considered
"closed" when the petitioner ceases to supply necessary information to continue processing or
otherwise actively pursue the conditional use for a period of six months. An application deemed
"closed" will not receive further processing and shall be withdrawn and an application "closed"
through inactivity sholl be deemed withdrawn.
As the outhorized Clgent/opplicant for this petition, I allest thot all of the information indicated on
this checklist is included in this submittal package. I understand thol failure to include oil necessary
submittal in rmation may result in the delClY of proeessingof this petition.
dd 3. 0&
Date
Agent Signature
APPLICATION FOR PUBUC HEARJNG FOR CONDITIONAL USE - 4/14/03. rev 5/20/2005
(i)
Agenda Item No. 17C
June 12, 2007
Page 27 of 89
STATEMENT OF UTILITY PROVISIONS
FOR CONDITIONAL USE REQUEST
APPCIQANtIIliJ:ORMjtlp~' '.. . ..
- ;:;is;~~f~~~}~rst?~;':~j'.~:'::'"
NAME OF APPLlCANT(S) SILVER STRAND III PARTNERSHIP
ADDRESS 2600 GOlDEN GATE PARKWAY CITY NAPLES STATE FL ZIP 34105
TELEPHONE # 239-262-2600 CELL # FAX #
E.MAIL ADDRESS, TSANSBURY@BARRONCOLLlER,COM
ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE), Southeast auadrant of Immakalee Road and Stockade
Rood,
.LEGAL-I)ESCR.ipTlQI't
':,;
,..,.
,.,..
Section/Township/Range 15
/475
/ 29 E
Lot,
Block,
Subdivision:
Plat Book___ Page #: Property I.D.#,
Metes & Bounds Description: See Attachment
I TYPEOFSEWA(3EDISP.QSALTQ-~EfJ>ROVtD.EI)
(Check applicable system):
a. COUNTY UTILITY SYSTEM D
b. CITY UTILITY SYSTEM D
c. FRANCHISED UTILITY SYSTEM 129
PROVIDE NAME IWSD
d. PACKAGE TREATMENT PLANT D
(GPD capacity)
e. SEPTIC SYSTEM D
TYPE OF WATEIl.SEIl.ViCETQ.BePROYlDED
a. COUNTY UTILITY SYSTEM D
b. CITY UTILITY SYSTEM D
c. FRANCHISED UTILITY SYSTEM 129
PROVIDE NAME IWSD
d. PRIVATE SYSTEM (WELL) D
APPtlCATJON FOR PUBliC HEARJNG FOR CONDITIONAL USE - 4/14/03, rev 5/20/2005
,
Agenda Item No. 17C
June 12, 2007
Page 28 of 89
t(;rjiA;l.iP.6Cji,u'tAriPN;;tD,B~le~Yip,:
30 Emolovees
R~~<<~t'lNl~k~M~g~g~,,:P~~~.Q~Mts!il.ti~i
A. WATER-PEAK 20 aom
B. SEWER-PEAK 20 9pm
AVERAGE DAILY
AVERAGE DAilY
450 aod
450 aod
IF PROPOSING TO BE CONNECTED TO COlliER COUNTY REGIONAL WATER SYSTEM, PLEASE
PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED
t!ji4:t~~11:iM~l~,~A't~M~!\!lt~ 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 ore to be used, then percolation data and soil involved shall
be provided from tests prepared and certified by a professional engineer.
_'C." ,_ ,. :'.. I,;,,;. ",,". . '.. :;.~:;;; '-:.... "",,': '.V" .~' _.. : ", ,; ;." "';"'.'" _.. ". .. ''''';;:'.- :,-;". '-':'".. .. "': .,~~., -"~-;,:_"",::,;.,:":",;,,,,,,_::,~_:,:::..,,,,.:.";.~,,,,,.~~," "
!;1~~'!i,!~R:f,:~!i?M.!!f;!cY;t\,!,I!Ji,![!,~~0P',~.QtQ:~ffi!~Ni(i$:I~T,~M~Jlirl If the proiect Is located within the services
boundaries of Collier County's utility service system, written notarized statement sholl 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 on 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 sholl contain
shall contain an agreement to dedicate the appropriate utility easements for serving the water and
sewer systems.
stA"t~M~N[t::qE:;4;Y'A!~A~;I~i;LY;iCA~~QIJitlf~;a;!:lMjl!I!mH~~:ij'~i,YJR;~~~i;,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.
APPLICATION fOR PURtlC HEARING FOR cONDITIONAL USE - 4/14/03, rev 5/20/2005
A TIS is required unless waived at the pre-application meeting. The TIS required may be either 0 major
or minor os determined at the pre-application meeting, Please note the following with regard to TIS
submittal"
MINOR TIS: Generally required for rezone requests for property less than '0 acres In size, althou'gh
based on the Intensity or unique character of 0 petition, 0 major TIS may be required for petition of ten
oc;:reS or less.
MAJOR TIS: Required for 011 other rezone requests.
A minor TIS sholl include the following:
1.
Trip Generation:
(at build-out)
Annual Average Dolly Traffic
Peak Hour (AADT)
Peak Season Doily Traffic
Peak Hour (PSDT)
2.
Trip Assignment:
Within Radius of Development Influence (RDll
3.
Exisllng Traffic:
Within RDI
AADT Volumes
PSDT Volumes
Level of Service (LOS)
4. Impact of the propased use on affected malor thoroughfares, including any anticipated changes
in level of service (LOS).
5. Any proposed improvements (to the site or the external right-of-way) such as providing or
eliminating an ingress/egress point, or providing turn or decellanes or other improvements.
G. Describe any proposal to mitigate the negative impacts on the transportation system.
7. For Rezones Only: State how this request is consisten1 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 ond 7.3.
A Major TIS shall address all of the items Iistea above (for a Minor TIS, ana shall also include an
analysis of the following:
,. Intersection Anolysis
2. Background Traffic
3. Future T raHic
4. Through Traffic
5. Planned/Proposed Roadway Improvements
6. Proposed Schedule (Phasing) of Development
APPl1CAT10N FOR PUBUC HEARING FOR CONDITIONAL USE - 4/14/03, rev S/20/200S
The following standards sholl be used In preparing 0 TIS for submittal In conjunction with 0 conditional
use or rezone petition:
1. TriD Generation: Provide the total traffic generated by the proiect for each link within the proiect's
Radius of Development Influence (RDI) in conformance with the occeptable traffic engineering
principles. The rates published in the latest edition of the Institute of Transportation Engineers (!TE)
Trip Generotlon Report sholl be used unless documentation by the petitioner or the County justifies
the use of olternotive rates.
2. TriD Assignment: Provide 0 map depicting the assignment to the network, of those trips generated
by the proposed project. The assignment sholl be mode to 011 links within the RDI. Both annual
overage and peak seasonal traffic should be depleted.
3. Existina Traffic: Provide a mop depicting the current traffic conditions on 011 links within the RDI. The
AADT, PSDT, and LOS sholl be depicted for 011 links within the RDI.
4. level of Service (LOS): The LOS of 0 roadway sholl be expressed in terms of the applicable Collier
County Generalized Doily Service Volumes os set forth in the TCE of the GMP.
5. Radius of DeveloDment Influence (RDIl: The TIS shall cover the least of the following two
areas:
a) an area os set forth below; or,
b) the oreo in which traffic ossignments from the proposed project on the molor thoroughfores
exceeds one percent of the LOS "C".
Land Use
Distance
Residentiol
5 Miles or os required by DRI
Other (commercial, industrial, institutional, etc.)
o - 49,999 Sq, Ft. 2 Miles
50,000 - 99,999 Sq. Ft. 3 Miles
100,000 - 199, 999 Sq. Ft. 4 Miles
200,000 - 399, 999 Sq. Ft 5 Miles
400,000 & up 5 Miles
In describing the RDI the TIS sholl provide the measurement in rood miles from the proposed
proiect rather thon 0 geometric radius.
6. Intersection Analvsis: An intersection analysis is required for all Intersections within the RDI where
the sum of 1he peak-hour critical/one volume is projected to exceed 1,200 Vehicles Per Hour (VPH).
7. Backaround Traffic: The effects of previously approved but undeveloped or partially
developed projects which moy offect maior thoroughfares within the RDI of the proposed
project shall be provided. This information sholl be depicted on a mop or, alternatively, in 0
listing of those projects ond their respective chorocterlstics.
APPLICATION fOR PUBLIC HEARING FOR CONDJTlONAl USE - 4/14/03, rev 5120/2005
Agenda Item No. 17C
June 12, 2007
Page 31 of 89
8. Future Traffic: An estimate of the effects of traditional increases in trafflc resulting from
potential development shall be provided. Potential development Is that which may be
developed maximolly under the effective Future Land Use Element (FLUE) and the Collier County
Land Development Code. This estimate shall be for the projected development oreal within the
proiects RDI. A map or list of such lands with potential traffic impact calculations shall be
provided.
9. Throuah Traffic: At 0 minimum, increases in 1hrough traffic shall be addressed through the year
2015. The methodology used to derive the estimates sholl be provided. It may be desirable to
include any additionol documentation and backup data 10 support the estimation os well.
10. Planned/Proposed Roadwav Improvements: ~II proposed or planned roadway
improvements located within the RDI should be identified. A description of the funding
commitments shall also be included.
11. Proiect Phasina: When a project phasing schedule is dependent upon proposed roadway
Improvements, 0 phasing schedule may be included os part of the TIS. If the traffic Impacts of 0
project ore mitigated through a phasing schedule, such 0 phasing schedule may be made 0
condition of any approval.
AP'PLlCATtON fOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03, rey 5/20/2005
Agenda Item No. 17C
June 12, 2007
Page 32 of 89
'-
EVALUATION CRITERIA ATTACHMENT
a. Describe how the project is consistent with the collier county Land Development Code and Growth
Management Plan (include information on how the request is consistent with the applicable section
of portioll of the fUture land use element:
The project is located within the lmmokalee Area Master Plan (lAMP) Overlay District.
It is located in the southernmost section of the lAMP and is bordered on the east by
County facilities (barn, stockade, and landfill). Policy n,l.5 provides "new agricultural
uses arc permitted as long as they do not become either a nuisance or create noxious
conditions." Comprehensive Plalll1ing has determined that the proposed use may be
found consistent with the lAMP.
The property is currently zoned Ag and a concrete manufactUling facility is a permitted
use in the Ag district, subject to conditional use approval. A "conditional use" is a use
permitted within the zoning district, subject to locational criteria to avoid compatibility
issues, Compatibility issues are addressed in (d) hereof.
b. Describe the existing or planned means of ingress and egress to the property and proposed structure
thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe;
The Sitc will have direct access onto Immokalee Road (SR 846), an arterial roadway,
The on-site traffic circulation will be designed to separate pedestrian (worker) traffic
from truck traffic, utilizing industry standards, Construction access will be via an
existing access point on SR 846 as shown on the Master Plan. In case of fire or
catastrophe, emergency services will have quick access to the site from lmmokalee
Road. The lmmokalee Fire Control District is located at 502 New Market Road East,
approximately 2.5 travcl-miles northeast of the site, The CoIlier County Sheriff
substation and EMS station are located at 112 1 st Street South, approximately 1,75 miles
north of the site,
c. Descrihe the effect the conditional use will have on neighboring properties in relation to /loise,
glare, economic impact and odor:
The property is surrounded on three sides by property owned by a companion entity. On
the fourth side are the County facilities previously described. Industry noise buffering
standards will be utilized to minimize noise generation, The facility will also meet
County buffer requirements and stringent setback requirements (75 feet for offices and
parking and lOa feet for raw material storage, plant location and general operations). In
addition, the site is adjacent to County facilities to the east (County bam, jail, and
landfill), Inlmokalee Road to the west, native vegetation to the north, and an active
agricultural grove to the south and west (the grove is currently being plamled for a
business park). The closest residences are over 600 feet to the nOlth,
APPliCATION FOR puBLIC HEARING FOR CONOITIONAI USE - 4/14/03, '" 5/20/2005
Agenda Item No. 17C
June 12, 2007
Page 33 of 89
d. Describe the site's and the proposed use's compatibility with adjacent properties and other
properties in the district:
The proposcd concrete manufacturing facility on the subject site is more compatible
with sun'ounding properties than the low density residential designation, Further
compatibility will be achieved by buffering, The concrete manufacturing facility will
meet County buffer requirements. Setback regulations require offices and parking to be
75 feet from the property boundary and raw materials storage, plant location and general
operations to be set back 100 feet from the property boundary. The proposed location is
surrounded by currently compatible land uses, The property to thc north, owned by a
companion company, is undeveloped native habitat. The nearest residence is north of
the native habitat, over 600 feet from the concrete manufacturing facility boundary, The
property to the east is owned by Collier County and is used as a jail, a County
maintenance facility and a landfill. Immokalce Road borders a portion of the west
propelty line. Thc rcmainder of the westcm property line, as well as the southern
boundary of the site, borders an activc citrus grove; however, a growth management
plan amendment is currcntly being pursued which would permit a business park to the
south and west of the concrete manufacturing facility, Dcsign of t~e business park and
allowed uses adj acent to the concrete manufacturing facility will ensure that compatible
non-residential uses surround the site,
e. Please provide any additional information which you may feel is relevant to this report.
As detailed in the TIS, the subject site is conveniently located between the Immokalee
Urban Area and approved development in the.Rural Lands Stewardship Area, lessening
the impact of truck traffic on other roads in the county and the Immokalee Urban Area,
Af'fUCATlON FOR pUBLIC HEARING FOR CONDrTIONA! USE - 4/14/03, rev 5/20/2005
I
/
/7
~/
Agenda Item No. 17C
N JUn~12, 07
.....",a. 89
, ~
BATCH PLANT LEGAL DESCRIPTION
A PARCEL OF LAND LYING IN SECTION 15, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER
COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 15;
THENCE SOUTH 00004'34" EAST ALONG THE WESTERLY LINE OF THE NORTHWEST
QUARTER OF SAID SECTION 15 A DISTANCE OF 1345.56 FEET;
THENCE LEAVING SAID LINE NORTH 89'17'51" EAST A DISTANCE OF 150,01 FEET TO
AN INTERSECTION WITH THE EASTERLY RIGHT OF WAY LINE DESCRIBED IN OFFICIAL
RECORDS BOOK 3802 PAGES 2557 THROUGH 2591 PUBLIC RECORDS OF COLLIER COUNTY
FLORIDA AND THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED;
THENCE NORTII 89'17'51" EAST ALONG A LINE 30.00 FEET SOUTHERLY FROM AND
PARALLEL WITH THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SAID SECTION 15 A DISTANCE OF 1203.97 FEET;
THENCE LEAVING SAID LINE SOUTH 00'07'30" EAST ALONG THE EAST LINE OF THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 15 A DISTANCE
OF 900,05 FEET;
THENCE LEAVING SAID LINE SOUTH 89't7'51" WEST ALONG A LINE 900.00 FEET
SOUTHERLY FROM AND PARALLEL WITH THE AFORESAID NORTH LINE A DtSTANCE OF
G15.03 FEET;
THENCE LEAVING SAID LINE NORTH 00007'30" WEST ALONG A LINE G15.00 FEET WESTERLY
FROM AND PARALLEL WITII THE AFORESAID EAST LINE A DISTANCE OF 750.04 FEET;
THENCE LEAVING SAID LINE SOUTH 89't7'51" WEST ALONG A LINE 150.00 FEET
SOUTHERLY FROM AND PARALLEL WITH THE AFORESAID NORTII LINE A DtSTANCE OF
589.06 FEET TO AN INTERSECTION WITH THE AFORESAID EASTERLY RIGHT OF WAY LINE;
THENCE LEAVING SAID LINE NORTH 00'04'34" WEST ALONG SAID EASTERLY RIGHT OF
WAY LINE A DISTANCE OF 150.01 FEET TO THE POINT OF BEGINNING OF THE PARCEL
HEREIN DESCRIBED;
CONTAINING 14.74 ACRES OF LAND MORE OR LESS;
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD;
ABSTRACT NOT REVIEWED.
AGNOL!, BARBER AND BRUNDAGE, INC.
PROFESSIONAL ENGINEERS, PLANNERS & SURVEYORS AND MAPPERS
GEORGE W. HACKNEY
P.S.M. 5606
CONTAINING 14.74 ACRES OF LAND MORE OR LESS;
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD'
ABSTRACT NOT REVIEWED. '
REF. ABB DWG II 9327.BS.3IJAN07
\
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Collier Co. ADDRESSING
2542B29 ABB PLANNING
941-859-5724 Agenda Item~ol17C
PAGE J:Iffl ' 2007
Page 5 of 89
a3/a9l2aaG 09:37
ADDRESSING CHECKLIST
PIea.e comple followinll !!J1.!lsubmit for fevi.ew to the Addressing Section at 2800 North Hotaeshoc Drive
Ot fllX to (239) 659-5724, ,~ot all il~ll apply to evcrv proieot. Items in bold Me are reouired, Completed
addressing theclclisl is required at the Pre-Application meeting,
1. Legal desll1'lption of subject properly or properties (copy of len/fllry de~crlption may be attached).../L
_~ Seetion~5 Townahio 47. R'IIIIlle 29 A nnrtinn nfthi, 468+ nor., will be llSDq ~r p bale) plant 43
. o-cc....<.:.l I
2. Folio (Property ID) number(s) of above (a/lach to. or associate wilh, legal description Ifmore titan o.e)_
00137640003 .
3. Street addren, or addresses (as applicable, if already a~.tigned)
4. LocatIon map, showing exact 10c~tion ofprojectlsite in r.lation to nearest public road right-of-way (~tlach)
5. Copy of survey (NEEDED ONLY FOR UNPLATTBD PROPBRTffiS)
6. Proposed project name (if applicable)
7, Proposed Street names (iJ 'applicable)
8, Site Development PI3l}. Number (FOR EXISTING PROJECTS/SITES ONI.. Y)
SDP
9. Petition TYpe -(Complete. &eplU'a.te Ad.dressing Checklist for ~ Petition Type)
DSDP (Site Development Plan) 0
o SDPA (SDP Amendment) 0
8 SDP! (SDP insubstantial Change) DO
SIP (Site fmpro.....ro.ent Plall)
SIP) (SIPI Insubstantial Change) 0
8 8m (Street Name Change) 0
VegetetionJExotic (Veg. Rc~oval if.) Do
g] Land UsePctitio1\ (Varianc .~al us;;:::,
, Bont Dook E~t., Rezone. PW retOne, ele,) ,.,. 0
Xl Other. Describe: Conditional Use
10, Project or development names proposed for, or already appearing in, cClJldominium documents (if
aprlleabI.; indicate whether proposed or existing) _. ._
PPL (plans & PIal Review)
pSI' (preliminary Subdivision Plat)
FP (Final Plat)
LLA (Lot Line Adjusbnent)
BL (Blasth~ Pcnnit)
ROW (Right-or-Way Pepnit)
EX? (Excavation Pennit)
VRSFP (Veg, Removal & Site Fit! Permit)
TDR (TrallSfer ofDevelopmCllt Rights)
11. Pleas. Cheok 0110: xrgj Checklist is to be-PllXed Back 0 PersonallY Picked Up
12. ApplicantN.me....JgM11.l\J.ghhQlli........._Pltolle 597-3l11 Fax 254-2829
13. Signsture on Addressing Checklist does 110t constitute prqiect and/or Stree! Name approval and i.s subject to
further review by the Addressing Section.
FOR STAFF USE ONLY
Primary Number 235'2: .
Address N~mber
Addres~ Number (\
Address Number =-=--= ll.pproved by AJ"",-,,,,:US lnAX!L,,~ Date 3 - r 0 - qJ;;'
CU-2006-AR-9458
PROJECT #2006030059
DATE: 4/17/06
HEIDI WILLIAMS
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Page 36 f 89
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PAGE
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This instrument prepared by
Harold S. Lynton
Suite 200
2600 Golden Gate Parkway
Naples, Florida 3J942-3206,
and when recorded return to
Lee 'llreadwell
suite 200
2600 Golden Gate Parkway
.?/ Naples, Florida 33942-3206
Property appraiser's
parcel identification
number:
Grantee's taX'
identification number:
TIN application pending
DEllD
DEEO made this August.). {! I 1990 I
By Lamar Gabie, Harold Se Lynton and Juliet c.
Sproul as Trustees under the Trust created for the benefit of
Juliet C. Sproul under the will of Barron Collier, Jr.,
daceased, probated in the circuit Court for Collior county,
Florida, Probate DiVision, File No, 76-33, and also
individually, and Barron Collier III, Lamar Gable, Frances G.
Vil1e~a, Phyllis G. Doane and Donna G. Keller, and also
joined by Dana D. Collier (the wife of Barron Collier III),
George G. villere (the hU~pano of Frances G. Villero), Donald
D. Doane (the husband of. Phyllis G. Poane) and Lewie E.
Keller (the husband of Donna G. Keller}, hone of the other
named persons being married (all of whom arB he~einaftert as
such Trustees and individually, and spouses, called the
Crantors), whose post offioe address is suite 200, 2600
Golden Gate parkway, Naples, Florida 33942-3206,
To silver Strand III Partnership, a Florida
partnership,
(hereinafter called the Grantee), whose post
Received $ Lj J, ~ 0('). () {i Documentm" Stamp Tax
ReceIVed $ ~ C19r,$, "C" Intangible
,1--./ 0. Pctsonal Property TalC
COlLtE~UNTV CLERI\ OF COURTS
BY, ~~-" ~O- D.O.
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CU -2006-AR-9458
PROJECT #2006030059
DATE: 4/17/06
HElDI WlLLIAMS
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office address is Suite 200, 2600 Goldon Gate Parkway,
Naples, Florida 33942-3206.
WIT N E SSE T H
The Grantors, for One Dollar and other valuable
consideration, tho receipt of ~11 of which is hereby
acknowledged, hereby grant, transfer and convey to the
Grantee and its legal representatives, suocessors and
assigns, the landa, lying and being in Collier County, state
of Florida, desoribed in Exhibit A hereof,
TOGETHER with all improvements, tenements,
hereditaments and appurtenances and all rights, powers,
privileges, titles, interests, estates, reversions,
remainders, easements, riparian and littoral riqhts thereto
belonging or in any wise pertaining,
TO HAVE AND TO HOLD the same in fee simple forever.
SUBJECT to any valid rights-of-way, easements,
~estriotions, and reservations that are of record or that an
inzpoction would disclose, inClUding, without limitation,
those for roads, pUblic utilities, water, water lines,
sewers, sewer lines, electric facilities, borrow pits,
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une 12,2007
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June 12, 2007
L"'tlAi~'~jjJd;rliiii'~Ii3' e 38 of 89
FILE NUMDER
7/00 b
outfall ditches, drainage and drainage canills~
said lands are not the homestead of anyone.
IN WITNESS WHEREOF, the Grantors have executed and
delivered this deed the day and year first above mentioned.
. Signed, sealed and delivered
in our presence:
~~;( ~/ ~, [L.S.]
. ~~~ [L.S.)
Harold s. Lynto
. ~ l'
~"'Yr' ~[L.S.]
uliet c. Spr 1
As Trustees under the will of
Bar.ron Collier, Jr., deceased
and also individually
cA:::;;.,- /~ [L. S. ]
'Barron cC1tEi'r ~g:
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. Donna G. ,J<el
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"--ba D. Co
[L.S. ]
[L.S. ]
onal . Doane
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Vl0-12085-001
deed#2 HSL08150
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June 12, 2007
age 39 of 89
STATE of FLORIDA
SS. :
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me
this L;<-<-J. -'-", 1990, by Lamar Gable, Harold S. Lynton, and
Juliet C. Sproul as Trustees under the Will of Barron
.
Collier, Jr., deceased, and also individually, and by Barron
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George G. Villere, Donald D. Doane and Lewis E. Keller.
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NOT An", MlIC !=}1',\11 OF tL~10A
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FilE NUMBF.ll
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EXHIBIT "Air
PARCEL I'
All of Seotion 13, 'rownship 47 South, Range 29 East, lying South
and West of ACL Right-of-way, less lands described in Deed Book
17, Page 453, Publio Records of collier County, Floridaa
PARCEL n:
All of Section 24, Township 47 South, Range 29 East, loss
of-Way for State Road 29, and less ACL'Right-of-Way.
PARCEL III:
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All of section 15, Township 47 South, Range 29 East, lying East
of County Road 846, less the NW 1/4 of the NW 1/4, less lands
desoribed 1n Offioial Rocords Book 1033, page J.742, and less
lands decribed in Offioial Records Book 99, Page 199, Public
Records of Collier county, Florida.
PARCE L IV:
All of Section 22, TownShip 47 south, Range. 29 East, less county ',-
Road 846, Collier County, Florida, LESS CAMP KEAIS ROAD Which iSlJ 0
mora particularly described as follows: :0:- CJ
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COlfMENCING at the southwest OOrner of said Section 2:2, TownShip m
47 South, Range 29 East, Collier county, Florida;
THENCE Horth 8Bo49'07" East, 40.00 feet to the IIPOINT OF
BEG1NN1NG" of said parcel herein described;
THENCE continuing along' the southerly 1 ine of sa id parcel ~ North
80"49'0711 East, 80.00 feet to a point,
1'Hf~NCE across said section 22, the following Fitte"n (15)
oours es :
1. North 01.08'30" West, 60.88 feet to a point;
2. along a curve, ooncave to the southeast, whose elements are,
central angle of 40014'12:111 radius of 760.00 feet, arc
length 53:3.72 and a ohord that bears North 18.5813611 East,
522.82 f"et to a point;
3. Nortll 39'05'42" East, 543.44 feet to a point;
4. along a curse, concave to the west, whose elements are
central angle o.:f :39"52'5411, radius of 840.00 feet, arc
length of 584.70 feet and a chord that bears North 19.09 1 15,t
East, 572.96 feet to a point;
5. North OO.~7'12" West, 600.00 feet to a point;
6. along a curve, conCave to the southwest, whose elements are,
central angle' of 90aOQ10Qu, radius of 540.00 feot,' al;'"O
length of B48.23 feet and a chord that beal:'s North 45.47'1211
West~ 763.68 feet to a poine:
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Clb.lliiiitTt:i'iii'liJi'i:O:- une 12, 2007
. flU, t~ltMtII;ft age 41 of 89
7fuoh
South 89 -1.2' 4S" West, 266.63 :feet to a point intersecting
the easterly right-of-way line of Immokalee noad
along the easterly right-of-way line of Immokalee Road (8-
846), South 01'08'26" East, 80.00 feet to a pointr
Leaving said easterly right-af-way line of Immokalee Road
(8-846), North 99"1214B" Eastl 266.14 feet to a point;
along a curve, concave to the southwest, whose elements are;
central angle of 90.00 I 00", radius of 460.00 feet, arc
lenqth of 722.57 feet and a chord that bears South 45a47112"
East, 650.54 feet to a pointt
South 00"47'12" East, 600.00 feet to a point:
along a curve, concave to the northwest, whose: elements are:
central angle of 39"52' 54", radius of 760.00 feet, arc
length of 529.01 feet:. and a chord that bears South .19'09115"
West, 518.40 feet to a point;
south 39"05'42" Weat, 543.44 feet to a point;
along a ourve, concave to the southeast, whose elements are:
central angle' of 40"14 '12", radius of 640.00 feet, arc
length of 589.90 feet and a chord that bears south 18"58'36"
West, 577.85 feet to a point;
South OJ.a08~jO" East, 60~93 feet tc the "pOIN'r OF
BEGINNING II .
And less the lands lying West of Camp Keais Road.
PARCEL V:
All of Section 23, TcwnEihip 47 South, Range :29 East,
county, Florida.
PARCEL VI,
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All of Section 14,
of-Way for state
County, Florida.
Township 47 South, Range 29 East, less Right-
Road 29 and less ACL Right-of-Way, Collier
PARCEL VII:
All of seotion 27, Township 47 South, Range 29 East, Collier
county, Florida, LESS CAMP KEAIS ROAD which is more particularly
described as follows:
COMMENCING at the northwest corne.r of /i-aid seotion 27, Township
47 south, Range 29 East, Collier county, Florida;
THENCE along the northerly line of said section 27, North
88'49t07" East, 40.00 feet to the ."POINT OF BEGINNING" of said
parcel herein described1
THENCE oontinuing along the northerly line of said Section 27 and
the northerly line of said parcel, North 8S"49'071t East, 80.00
feet to a point;
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June 12, 2007
Page 42 of 89
THENCE along the easterly lines of said parcel, the following
Three (J) courses,
l.
2.
South Ola08130" East, 4936.80 feet to a pointl
along a curve, ooncave to the west, whose elements are:
central angle of 06.06'35", radius of 37B7. 51 feet, arc
lengtll 403.88 and a ohord that bears South 01054'4711 West,
403.69 feet to a polnt;
south 04a5B105" West, 910BO feet to
southerly line of said section 20;
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en
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.
THENCE along the
southerly line of
to a point;
THENCE along the westerly lines of said parcel the following
Three (J) oourses:
southerly line of
said paroel, south
said Section
aa 016' 07" West,
1- North 04058'05" East, 101.20 feet to a point;
2, along a ourve, oonoave to the west, whose elements are:
central anglo of 06006'35", radius of J707,51 feet, arc .,'
length 0 f J95.35 feet and a chord that bears North OJ.054147f111 .:~:;
East, 395.16 feet to a point; ", =
3. North OJ.aOB'30fl Westl 4936.75 fact to the "porwr OF G'? -~
BEGINNINGfI . ['1'1
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OWNERSHIP DEtAIL
SILVER STRAND III PARTNERSHIP
GENERAL
PARTNER
Katherine G Sproul, Juliet A Sproul &
Jennifer S Sullivan, as Trustees for
Juliet C Sproul Testamentary Trust
Barron Collier III
Michael Wells Gable
Robert Blake Gable
Citrust
Phyllis G Alden
Donna G Keller
Lamar Gable
Frances G VIII ere
25,0000%
25,0000%
6.2500%
6,2500%
12.5000%
12.5000%
12.5000%
Agenda Item No. 17C
June 12. 2007
Page 43 of 89
05/05/05
LIMITED
PARTNER
0,0000%
0,0000%
Division of Corporations
Agenda IRaglNb.~
June 12, 2007
Page 44 of 89
SILVER STRAND HI PARTNERSHIP
2600 GOLDEN GATE P ARKW A Y
NAPLES, FL 34105
Document Number
G99294900003
Status
EXPIRED
Date Filed
1 012l1I 999
Expiration Date
12/31/2004
CUI.rent Owners
000000005
County
COLLIER
Total Pages
000000002
Events Filed
000000001
FEI Number
65-021 1768
Yiew Filing Historx
Previous on List
[ Return to Name List
[ Next on List I
Owner Information
I Name & Address II FEI Number II Chal'ter Number I
SPROUL, JULIET C. n' I II I
2600 GOLDEN GATE PARKWAY NONE NONE
NAPLES, PL 34105
SPROUL, JULIET C, T I I
2600 GOLDEN GATE PARKWAY NONE NONE
NAPLES, FI, 34105
SPROUL, KATHERINE G. T I I
2600 GOLDEN GATE PARKWAY NON8 NONE
NAPLES, FL 34105
LYNTON, HAROLD S. I I I
747 3RD A VENUE NONE NONE
NEW YORK. NY ]0017
COLLIER, BARRON lU I II I
2600 GOLDEN GATE PARKWAY NONE NONE
NAPLBS,FL34105
Document Images
Listed below are the images available for this filing.
G99294900003 -- 10/2I/l922.-- REGISTRATION
G99) 12900045 -- Il/08/l999 -- REGlSTRA TlON
THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT
http://www ,sunbiz,org/scripts/ficidet,exe?action=DETREG&doClHIIU=G99294900003 &r,., 11/15/2005
Division of Corporations
Agenda IRllgiMl.dfi'Q:
June 12, 2007
Page 45 of 89
,----_.~~--~._~.-_..-_._--..._---,.._._. --..-.------,-----------
f~rgf~l~rP{H!:~' :<~f;r '.'-1'-'\(11' 'i1 ;;-r-
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http://www.sunbiz.orglscripts/ficidet.exe?action=DETREG&docnum=G99294900003&r... 11/1512005
~
Agenda Item No, 17e
June 12, 2007
2006-AR-94SS Page 46 of 89
~~OJECT #2006030059
DATE: 4/17/06 ,
HElDI WILLIAMS
"
AFFIDAVIT
We/I, Silver Strand III Partnership being first duly sworn, depose and say thot we/I am/are the owners
of the properly described herein and which is the subject maffer of the proposed hearing; that all the
answers to the questions in this application, including the disclosure of interest information, all sketches,
dota, ond other supplementary matter offoched to and mode a pari of this application, are honest and true
to the best of our knowledge and belief. We/I understand that the information requested on this
opplication must be complete and accurate and that the content of this form, whether computer generated
or County printed shall not be o/terad. Public heorings will not be advertised untU this opplication is deemed
complete, and all required information has been submiffed.
As property owner We/I further authorize Georae L. Varnadoe. Esa & Fred Reischl. AICP to act as
our/my representative in any matters regarding this Petition.
/.(/1
of Property Owner
Signature of Properly Owner
Typed or Printed Name of Owner
':(it u \ ..). {'II M '"v' \ \ ;
Typed or Printed Name of Owner
The foregoing instrument wos ockllOw/edged before me this c;I;;/.J day of nllrch
:J \ 'l'
In,. ,), i'\'tt'\(Ir\ fe \ I
. 20~ by
who i~~ally known!!> me or hos produced
as identification.
State of Florida
County of Collier
(Signature of Notary Public - State of
F/orido)
.,tD.,*~ . KIM 0, DAVIDSON
~r ;:i MY COMMISSIOI". 00 51248e
'!;)'.., I EJ(PIRES:F'b"",~ 11 2010
I BondIdThlu,,<ou;ryj1l1'..b:UiIll.lff.'
KIM D. DAVIDSON
(Print, Type, or Stomp Commissioned
Name of Notory Public)
APPUCA nON FOR PUBLIC HEARING FOR CONDITIONAL USf - 4/14/03, rev 5/20(2005
, .
KEY: Option 1 = Corporation
Option 2 = Limited Liabilily Company
Ol'ltion 3 = General Partnership, Limited Partnership or Limited liability Partnership
CAVEAT: This document contemplates unanimous consent and wIth respect to Limited
Partnerships contemplates signature by all limited and general partners.
Agenda Item No, He
June 12, 2007
Page 47 of 89
ACTION BY UNANIMOUS CONSENT
AND
DESIGNATION OF AUTHORITY
OF
SILVER STRAND III PARTNERSHIP
a Florida General Partnership (the "Organization")
The undersigned, presently being all of the Partners of the o.rganization who
would be entitled to vote upon the actions hereinafter set forth at a formal meeting of the
Partners, do hereby consent to the following actions to the same extent, and to have
the same force and effect as if adopted at a formal meeting of the Partners of said
o.rganization:
1. Paul J. Marinelli is hereby designated as chief executive officer of the
Organization ("Chief Executive o.fficer" or "CEo."). The CEO. shall serve
the Organization at will until his death, resignation or removal from office.
The CEO may be removed from office by a vote of a majority in Interest of
the General Partners.
2, The CEO. shall have responsibility and authority for the management of all
of the operations of the Organization,lncluding, but not limited to, the
following:
(a) procure and maintain with responsible companies such Insurance
as may be advisable In such amounts and covering such risks as
appropriate;
(b) take and hold any assets of the Organization in the Organization
name, or in the name of a nominee of the Organization;
(c) borrow or lend money on behalf of the Organization;
(d) execute any mortgage, bond, lease, deed or contract on behalf of
the Organization;
(e) assign, transfer, or .pledge any debts due the Organization or
reiease any debts due, except on payment in full;
(f) compromise any claim due the o.rganization, or submit to
arbitration, mediation or litigation any dispute or controversy
involving the Organization;
(9) execute and deliver on behalf of and in the name of the
Organization, or in the name of a nominee of the Organization, all
y
.
instruments necessary or incidental to the conduct of the
Organization's business;
sell, contract to sell, lease, trade, exchange, convey, convey via
warranty deed, special warranty deed, quit claim deed, bill of sale
with or without warranties or other through other forms of
conveyance, quitclaim, surrender, release, abandon, or otherwise
dispose of, mortgage, lien, or otherwise encumber, upon terms and
conditions which the CEO may negotiate and deem appropriate,
any and all personal property, and any and all real property of the
Organization, whether now owned or after acquired;
execute and deliver documents and Instruments on behalf of the
Organization in connection with the acquisition, disposition or
encumbrance of its assets, and to execute, terminate, modify,
enforce, continue or otherwise deal with any Organizational
indebtedness and security Interests, to sell Organization assets,
and to take any other action with respect to agreements made
between the Organization and any other party Including, but not
limited to, any lender or any affiliate thereof;
open, close, transfer or otherwise deal with any Organization bank
or depository accounts In which all Organization funds or assets
may be deposited and from which payments on behalfof the
Organization shall be made; or
invest, reinvest, or otherwise deal with Organization funds and
working capital reserves.
3. The execution by the CEO of any documents or instruments authorized by
the foregoing resolution or any document or instrument executed in the
accomplishment of any action or actions authorized or the exeoution of
any amendment or modification of any such document or instrument shall
be deemed to be conclusive approval thereof by this Organization and the
binding act and obligation of this Organization. Provided, however, with
respectto items 2(h) and 2(i) above, the CEO shall be joined by one
General Partner.
(h)
(I)
(j)
(k)
Agenda Item No. 17C
June 12, 2007
Page 48 of 89
This Designation of Authority shall be Interpreted to allow the CEO to do or
refrain from any act as if the action or inaction was specifically approved unanimOUSly
by the Partners and shall remain in full force and effect until revoked in writing as set
forth above. Any party dealing with the CEO, unless they have received actual notice of
revocation, may act with reliance upon the authority granted to the CEO in this
Designation of Authority and the undersigned hereby confirm and ratify all such acts. A
party dealing with the CEO may, but need not, require that the CEO execute an affidavit
stating that there has been no revocation, partial or complete termination, amendment
to or suspension of this Designation of Authority. Absent actual notice of revocation, a
2
Agenda Item No. 17C
June 12, 2007
Page 49 of 89
party may rely on said affidavit as to the CEO's authority to bind the Organization in all
matters.
This Consent Action/Designation of Authority may be executed in .any nUMber of
counterparts, each of which shall be deemed an original instrument, and said .
counterparts shall constitute but one and the same instrument which may be sufficiently
evidenced by one counterpart.
The undersigned do hereby unanimously consent and affirm thatthe actions set
forth in the foregoing resolutions shall have the same force and effect as If taken at a
duly constituted meeting of the Partners onhe Organization and that tl'lls document be
filed with and shall be made a part of the minutes of the Organization.
Signed, Sealed and Delivered
in the Presence of:
LA)' AttiwLo
Witness Signature
Print Name51JSAtJ /.... fhft17J/UJ
wQ..~ C ~--
Print Name . e.OI..VIJ . f;i4A<J
STATE OF FLORIDA
COUNTY OF ('01-1-1 €/L.
THE FOREGOING INSTRUMENT wasacknoWles:iged before me this g';4J day
of rl7l')lt.i!j./ ,2004, by /<:!fJTHatJ)E a. S/'lltJUL . who is
personally known to m~ or who have produced as
identification.
;(Qz"4U 'i;/: /7 j;~l')U!.A-t~
Notary Public
DN}),jE L. 1// bA /E~I
(Type/Print Name of Notary)
My Commission Expires: I}) 1:3 J:i..OOL/
Commission
No. (!C C)S2/ '7/ b
DIANE L. VISNEi'll
IJO'rAWfPUDL1C ~ SlATE OF FLORIDA
(:OMMIBSION ~ CC954716
exPIRES 7Jt3l2CC4
I\CNtlijO THRU ASA.1-88B'!iOTARY1
3
I
Agenda Item No. 17C
June 12, 2007
Page 50 of 89
Signed. Sealed and Delivered
in the Presence of:
J iatA. Sproul as Tru ee
f r the Juliet C. Sproul Testmentary
Trust, A General Partner
~}t~
Witness Signature
Print Name SAJ!ltW L./hfl7V/UJ
w~tu%' ;{J1av--
Print Na me cltiZ.D Ly II A . !;./-J W
STATE OF FLORIDA
COUNTY OF COl.Li taL
THE FOREGOING INSTRUMENT was .acknowledged before me this
of }')i /:) /'Zt! 1-1 , 2004, by ..JVtl!Z..i fi, SPIt. (){/ L
personally known to me or who have produced as
laentlflcation.
<]'/I} day
,who is
C'
I)ld:il-, 01. riZr-UL'
Notary Public ..
/.J)/:J.^A~:: L. ///bA/&r~1
(Type/Print Name of Notary)
My Commission Expires: tJ )13!'J. 001-/
CommIssion
No. (!( 9S7/?/0
DIANE L, VIGNERI
t~OT My PUBUC ..STAn: OP Ft.ORIOi\
COMMISSION'# CC954716
EXPIRES 7Il3J2004
HONOt:Dn-tRlMSA 1.aaa-!'lOTAAY1
4
Signed, Sealed and Delivered
in the Presence of:
Jl44~'cf ~t1AJ)
Witness Signature
Print Nama s.u~l'1tJ /..... rnATJea
G~ O. 41~
Witness 5i ature
Print Name u/tUl..yJJ A. r;HA.J
,
My Commission Expires: 7)/ :3);<,00(1
DIANE L, VIGNERI
NOTARY fJUDLlC . STATE OF FLOruOA.
COMMtsSION #CC9~716
EXPIRes "/1312004
nONDEO lHRU ASA 1-886~OTARY1
.
Agenda Item No. 17C
June 12, 2007
Page 51 of 89
l/';'~ day
,whols
SuP-.' ~ !kW2ru~'
Notary Public . 1/
.0/ I<lA/ I:: L.. 1/1 b/JEk:.; .
(Type/Print Name of Notary)
Commission
No, (!C 95lFJ/{"
5
Agenda Item No, 17C
June 12, 2007
Page 52 of 89
Signed, Sealed and Delivered
in the Presence of:
J~of~
Witness Signature
prin~.ame~)'=/hJ L fi1A/iJ/!.-O
(!~a, ffiC4V"
Witness 819 3ture
Print Name c.Al!m..yiJ A. f.;TfA0
STATE OF FLORIDA
COUNTY OF c.!OLL./IGIL
THE FOREGOING INSTRUMENT was acknowledged before me this
of r)Jj() Itcl-l ,2004, by 13tJut.O.v a, Coal CK- 11/
personally known to me. or who have produced . as
identification.
~&".,..." a. r-'~, //1
Barron G. Collier III
A General Partner
g#J day
,whois
I&); flU, ~rki-JLe'1-L.
Notary Public. ,
L}1/9,uE L, i/16/JEiC../
(Type/Print Name of Notary)
My Commission Expires: v;)'3!2NY-J
Commission
No. (IJ! C; 571 '7) b
OIANE l, VIGNERI
NOTARV PUBLIC - STATE OF FLORIPA
COMMISSION #I CC'9()4716
EXPIRES 7lt3J2004
fl.ONDEO Hi RU ASA 10.686-NOTAAY1
6
Agenda Item No. 17C
June 12, 2007
Page 53 of 89
Signed, Sealed and Delivered
in the Presence of:
JAA4bM tR~
Witness Slgnatu'A1J J1...-'
Print Name$uS' t--., /Y)mU(t{)
~~ ft - ffi(~
Witness Slgnture A ". \
Print Name CA.eo L V JJ ' r;,fffiU-J
I
obert Blakeslee Gab e
A General Partner
STATE OF FLORIDA
COUNTY OF {! OLU IEJL
THE FOREGOING INSTRUMENT was acknoWledged before me this
of (Y)JdIU}/1 .2004, by f!MEK.7 18LI~k€SL.EE. (hi.Jr.3t...E:
personally known to me or who have produced as
identification.
,/y,j
t)' 7 day
,who is
lc9t,e.L~~ ~', 7;{:r,UJ~A'-:'
Notary Public "
O/I:J~S L, 1/16VE.r::(
(Type/Print Name of Notary)
My Commission Expires: 1/.3}1.009
CommissiQq
No, L'e tf.ILjI)) {,
DIANE L, VIGNERI
NOTARY PUBLIC - STATE OF FlORIDA
COMMIS&ION# CC9S4716
EXplAES 7/1312004
BONDED THRU AllA 1.a6ll,NOTARY1
7
.
Agenda Item No. 17C
June 12, 2007
Page 54 of 89
Signed, Sealed and Delivered
in the Presence of:
M//~~
Michael Wells Gable
A General Partner
~MflUtI~
Witness SiQO.s.ture
PC:;~~.:"~
Witness 31 sture A" ,.,. - \
Print Name C4lioty v . ~
STATE OF FLORIDA
COUNTY OF {! OU./ E:e
THE FOREGOING INSTRUMENT was acknowledged before me this
of i171Mr! Ii ,2004, by !1'}/CIJi:! EL /))EiLS (l,fJ6LE...
. personally known to me or who have produced as
identification.
?I,lt; day
,who is
,(9{tf~g, >t tCf/U~L
Notary Public
12/ j:)/Je.. L. 1/16> /JE:iI!../ .
(Type/Print Name of Notary) .
My Commission Expires: 1)r:/2 DO,/
Commission
No, (I e Cis?; I)) r;
DIANE L. VIGNERI
NOTAlW PUBlIC ~ STATE OF FLORIO^
COMMlEiSIONiI CC954716
EXPIRES 7/1312004
UONDEOTHRU ASA 1.f1B6-NOTARY1
8
Agenda Item No. 17C
June 12, 2007
Page 55 of 89
Signed, Sealeq and Delivered
in the PresenC!~_ at
-
-- .-
.
Ph Ills G. Alden
A General Partner
Witness Signature _
Print Name c..A-d-tnyJl A,
,
. ~frtLu-
STATE OF FLORIDA
COUNTY OF (lOLL-! ElL
THE FOREGOING INSTRUMENT was acknowledged before me this
'ifp) day of 111/JIWH 12004, by
PiNeLI S ({l. J4 i., n t:tJ , who is...personallv ko.OWn.t9.JIlfl. or who
have produced as identification,
l -&A?.-I:-e, ':;(), f?:;7'2_it-,~
I Nota;9j PUblic'
L f)/;:},uE L-, T7l{;.z;D~1
J
I
~-_.-
--.------']
---:1
(TVRe/Print Name:s;:C~L___~~- ~
COT'Q.tJ1ission No. .-1!,(' {f;<;7j f1Jl.r--__
M
DIANE L, VIGNERI
NOTARV PUBUC . BrA7/! OF FLORIDA
C?MMISSfON' CC954716
EXp'RES 11131200<I
IlONeEO THRU ASA 1-8B~OrAAYl
9
.
Agenda Item No. 17C
June 12, 2007
Page 56 of 89
Signed, Sealed and Delivered
in the Presence of:
~r1.flL~
Witness Signature
Print Name SoSAAl 1.. . /J11!1rJ/UJ
G~ C. 4JLCw-~
Witness Sig (qture
Print Name CA eOLyhJ ;4-. S~
STATE OF FLORIDA
COUNTY OF (]OLLI€iL.
OUv~(Q ~b ~
Donna G. Kell
A General Partner
THE FOREGOING INSTRUMENT was acknowledged before me this
of I171Jii r:./-! , 2004, by DOiJvl9 (,', /<!.ELL VL
personally known to me or who have produced as
identification.
f?<f/? day
,who is
/); dAP.-;t: tfL;PU/kL
Notary Public '
U/iI::}UE. L.. UbA/e..L.-I
(Type/Print Name of Notary)
My Commission Expires: ''7)/3)7{)L'I.!
Commission
No. (t' Ci,P'( 7) b
DIANE L. VlGNERI
NOTAIlY PUSLlC ' STAlE OF FLORIOA
COMMtSSIONfJ CC954116
EXPIRES 71:312004
eONoao THRU ABA l-.rlOTARYl
10
Agenda Item No. 17C
June 12, 2007
Page 57 of 89
Signed, Sealed and Dellvered
in the Presence of:
CITRUST
A General Partner
. 4J<./Mtw
Witness Signature
Print Name 5lJSItN /.... fnAluf{J
r(,...J C. fl~
w;;:s~;J;ure
Print Name C,4tOLY.v fl. gfl.&J
STATE OF FLORIDA
COUNTY OF (lOLL; ElL
THE FOREGOING INSTRUMENT was acknowledged before, me this <;fit) day
of f}7IJfL{l.H ,2004, by CllltlSlZJPffEiL 0 !/1L-L-EflE. I who is
personally known to me or who have produced as
identification.
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c- '[. \ 1. 1{t':-
By: Ch istopher D, Villere
/() . V ,,/'" .
Il7LIV~ /1 . f/,-VfrLuc'
Notary PUblic (/ .
/J/I9-VC- L '" ~/;'cOMDe.(
(Type/Print Name of Notary)
My Commission Expires: ~} 113 /J. (){.:L-j
Commission/) r)
No, c(! "1.'::;Z/7/ {,
DlAN E L. VIGNERI
NOTARY PUBLIC. s,.-ATE 01: FlORIDA
COMMISSION" CC9S4116
El<P,IRES1/13/2C()4
!laNDEO THRU A5A 1-888-f'.jOTARY1
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,
Agenda Item No, 17C
June 12, 2007
Page 58 o( 89
Signed, Sealed and Delivered
in the Presence of:
CITRUST
A Genaral Partner
Witness Signature
Print Name
By: Lamar G. Villere
Witness Signature
Print Name
STATE OF FLORIDA
COUNTY OF
THE FOREGOING INSTRUMENT was acknowledged before me this
of ,2004,by
personally known to me or who have produced as
identification.
day
,whois
Notary Pu bile
(Type/Print Name of Notary)
My Commission Expires:
Commission
No.
12
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Agenda Item No. 17C
June 12, 2007
Page 59 of 89
Signed, Sealed and Delivered
in the Presence of:
CITRUST
A General Partner
~offh~~
Witness Signatur~_ J I
Print NameSoS~ /:::.- flfJ-rJto
wQ~u~' ~~
Print Name eA~Olp) ;4 . S,AlAtJ
STATE OF FLORIDA
COUNTY OF (1OuI EfL.
.)JJJ WMuAO--
By: Mathilde Villere
"-11,
THE FOREGOING INSTRUMENT was acknowledged before me this Ii' 1 day
of (!7K)I'ZC If ,2004, by J1m77fll.OIC.. VIW:;J(.,C CVxt.J02:J.,I:E, who is
.Bersonally known to me or who have produced as
identification.
,{9;dt~tL- j}f. tt:.f/JLE4L .
Notary Public
Oll-JIJE. L- j...;lu:;,{./.e.IL~'
(Type/Print Name of Notary)
My Commission Expires: 7) /"3/7..00,/
Commission,
No. {!CC;S-l/');{.
DIANE L. VIGN!:RI
NorMY PUBliC. STATE OF Fl.ORltJA
COMMISSION 'II COEl54715
EXPIRES 7/1312004
UDNDED THRUASA, 1-86I3.NOiARY1
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Agenda Item No. 17C
June 12, 2007
Page 74 of 89
RESOLUTION NO. 07-_
A RESOlUTION OF THE BOARD OF ZONfNG APPEALS
PROVIDING FOR THE ESTABLISHMENT OF A
CONDITIONAl USE FOR A CONCRETE PlANT AT SI!..VER
STRAND IN THE RURAL AGRlCULTURAl-MOBI!..E HOME
OVERlAY (A-MHO) ZONING DISTRICT PURSUANT TO
SECTION 2.04,03, TABlE 2 OF THE COllIER COUNTY
LAND DEVELOPMENT CODE FOR PROPER1Y WCATED
IN SECTION 15. TOWNSHll' 47 SOUTII, RANGE 29 EAST,
fMMOKALEE, COLLIER COUNTY, FLORIDA,
WHEREAS, the LegislalUle of the Slate of Florida in Chapter 67-1246, Laws of Florida,
and Chapter 125, Florida Statutes, has conferred on Collier Coullty the power to establish,
coordinate and enforce zoning and such business regulations 8S are necessary for the protection
of the public; and
WHEREAS, the County pUI'suant thereto has adopted a Land Development Code
(Ordinance No, 2004-41, as amended) which includes a Comprehensive Zoning Ordinance
establishing regulations fo1' the zolling of particular geographic divisions of the County, among
which is the granting of conditional uses; and
WHEREAS, the Board of Znniag Appeals (BolU'u), beillg the duly .ppoiuleu and
constituted planning board for the area hereby affected, has held a public hearing after notice as
in said regulations made and provided, and has considered the advisability of a conditional use
for a concrete plant at Silver Strand in the Rural AgrictJhuralwMobile Horne Over1ay (A-MHO)
Zoning District pursuant to Section 2.04,03, Table 2 of the Collier County Land Development
Code on the property hereinafter described, and tlm Collier County Planning Commission has
found as a matter of fact (Exhibit "A") tbat satisfactory provision and Nrrangement have been
made concerning all applicable matters required by s..id regulations and in accordance with
Subsection 1O,08.00.D. of the Land Development Code; and
WHEREAS, all interested parties have been given opportunity to be heard by thil) Board
in a public meeting assembled and the Board having considered all matters presented,
NOW, THEREFORE, BE IT RESOlVED BY THE BOARD OF ZONING APPEALS
OF COlUER COUNTY, FlORIDA, that:
The petitioll filed by Fled Reisch!, AfCP. of Agaoll. Barbel' & Brundage and Geol'ge L.
Varnadoe, Esq" of Cheffy Passidomo Wil:-;on, & Johnson, LLP, representing Silver Strand III
Partnership with respect to tbe property hereinafter described in Exhibit "B," attached hereto and
incorporated herein by reference, be and the same is hereby approved for a conditional use for a
cOIlcrete plaut aL Silver Strand in the Rural Agricultural-Mobile I-lome Overlay (A-MHO)
Zoning District in accordance with the Conceptual Master Plan (Exhibit "e") and subject to lhe
conditiullS set forth in Exhibit "D,II attached hereto and incorporated herein by reference.
Page I of2
Agenda Item No. 17C
June 12, 2007
Page 75 of 89
BE IT FURTHER RESOLVED that this Resolution he recorded in the minutes of this
Board.
This Resolution adopted after mOlion. second and super-majority vote this
day of
,2007,
ATTEST:
DWIGHf E. BROCK, CLERK
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
By:
By:
JAMES COLETTA. CHAillMAN
, DEPUTY CLERK
fin and
zkow
stant County Attorney
CU.2006.A R.94.~8IMl)lsll
Pagc2of2
Agenda Item No. 17C
June 12, 2007
Page 76 of 89
FINDING OF FACT
BY
COU,IER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
(
CU-2006-AR-9458
The following facts are found:
I. Section 2,04.03, Table 2 of the Land Developmcnt Code authorized the conditional
llse,
2, Granting the conditional usc wiJlnot adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes V No
B.
Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic Dow
and control, and access in case of fire or catastrophe:
(
Adequate ingress & egress
Ycs~ No
C, Affects neighboring properties in relation to noise, glare, economic or odor
effects:
No affect 01' -1::': Affect mitigated by
__ .,. Affect cannot be mitigated
\'1 j,/" .
., I.........i I...;<j,_/)
,}I.)'
I .
i ''", I,.
c!.;. I(........'i c.,
'-
D, Compatibility with adjacent properties and other property in the district:
Compatible use within district
,,/
Yes ./_ No
Based on the above fmdings, this conditional use should, with stipulations, (copy attached) be
recommcnded for approval to tile Board of Zoning Appeals,
DATE: LI, ')0 7
1
" /11
CHAIRMAN: It! c/lJ+::=
EXHIBIT A
Agenda Item No. 17e
June 12, 2007
Page 77 of 89
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
(
CU-2006-AR-9458
The following facts arc found:
J. Section 2.04.03, Table 2 of the Land Development Code authorized thc conditional
use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of:
A, Consistency with the Land Development Code and Growth Management Plan:
YesK No_
B,
Ingress and egress to pl'Operty and pl'Oposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fm: or catastrophe:
(
Adequate ingress & egress
Yes K No
C, Affects neighboring properties in relation to noise, glare, economic or odor
effects:
po affect or ~_ Affect mitigated by
_ Affect cannot be mitigated
D, CompatibiIi1y with adjacent properties and other property in the district:
Compatiblc use within district
Yes ).C No
Based on the above findings, this conditiona\use should, with stipulations, (copy attached) be
recommended for apPl'Oval to the Board of Zoning Appeals,
-
nL' (VI(.... L.,. ~ ...../
DATE: ,-::[>- S>J 7 CI'J1:I;'rn-M;\.(. ~ c..... ..-:---/' (
EXHIBIT A
Agenda Item No. 17e
June 12, 2007
Page 78 of 89
(
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2006-AR-9458
The [ollowing facts are found:
I. Section 2.04,03, Table 2 o[ the Land Development Code authorized the conditional
use.
2. Granting the conditional use will not adversely affect the public interest and will not
advcrsely affect other propelty or uses in the same district or neighborhood because
of:
A. Consistency with the Land Development Code and Growth Management Plan:
Ycs V No
B, Ingress and egress to propelty and proposed strnctures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingress & egress
Yes _I,..--' No
C, Affects neighboring properties in relation to noise, glare, eeonomic or odor
effects:
No affect or ~ Affeet mitigated by _G~ . fM-J. ~
_ Affect calUlOt be mitigated
D, Compatibility with adjacent propClties and other property in the district:
Compatible use within district
Yes~o_
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals,
DATE:!i1" j l> :j
MEMBER:
~~
.......
EXHIBIT A
Agenda Item No. 17e
June 12, 2007
Page 79 of 89
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2006-AR-9458
The following facts are found:
I. Section 2,04.03, Table 2 of the Land Development Code authorized the conditional
use.
2, Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in tl1e same district or neighborhood because
of:
A Consistency with the Land Development Code and Growth Management Plan:
YesY No
B.
Ingress and egress to property and proposed structurcs thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of flre or catastrophe:
Adequate ingress & egress
Yes_ V No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
1 No affect or __ Affect mitigated by
__ Affect cannot be mitigated
D. Compatibility with adjaccnt properties and other property in the district:
Compatible use within district
Yes
.;
No
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to tl1e Board of Zoning Appeals,
DATE:
f- )-0 I
MEMBER:
~
rz.
;K?f'I
EXHIBIT A
.
Agenda Item No. 17C
June 12. 2007
Page 80 of 89
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2006-AR-9458
The following facts are found:
I. Section 2,04.03, Table 2 of the Land Development Code authorized the conditional
use.
2, Granting tile conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of:
A,
Consistency with the Land Development Code and Growth Management Plan:
YCs/ No
B,
Ingress and egress to property and proposed structmes thereon with particular
referenlOe to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingress & egress
Yes / No
C. Affects neighboring properties in relation to noise, glarc, economic or odor
effects:
_ ~/ No affect or ___ Affcct mitigated by _
_ Affect cannot be mitigated
D. Compatibility with adjacent propcrties and other property in the district:
Compatible use within district
/
YesV No
Based on the above findings, this conditional use should, with 'tipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
DATE:~
MEMBER:
#..-..-'
EXHIBIT A
\""0 ~"",iil'-
Agenda Item No_ 17e
June 12, 2007
Page 81 of 89
(
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2006-AR-9458
The following facts are found:
1. Section 2.04.03, Table 2 of the Land Development Code authorized the conditional
use,
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of:
A, Consistency with t e Land Development Code and Growth Management Plan:
Yes No
B, Ingress and egl'css to property and proposed structures thereon with particulm'
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access i case of fire or catastrophe:
Adequatc ingress
Ycs No
C. Iboring properties in relation to noise, glare, economic or odor
No affect or _ Affect mitigated by ___
_ Affect cannot be mitigated
D.
compatibili~_~~~La'cent properties and other propcrty in the district:
Compatible 7t::: district
Yes No
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommcnded for approval to the Board of Zoning Appeals.
l
DATE: t/- ) " () 1
MEMBER:
EXHIBIT A
Agenda Item No. 17C
June 12, 2007
Page 82 of 89
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2006-AR-9458
The following facts m'e found:
I. Section 2,04.03, Table 2 of the Land Development Code authorized the conditional
use,
2. Granting the conditional use will not adversely affect the public interest and wiIl not
adversely affect other propelty or uses in the same district 01' neighborhood because
of:
A. Consistency with the Land Development Code and Growth Managcment Plan:
!
I
Yes 1/ No
B. Ingress and egress to property and proposed structures thereon wi111 particular
reference to automotive and pedestrian safety and convenience, trafflc flow
and control, and access in case of fire 01' catastrophe:
Adequate ingress & egress
'/
Yes ~ No
C, Affects neighboring properties in relation to noise, glare, economic 01' odor
effects:
I
~ No affect or _ Affect mitigated by
_ Affcct cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible llse within district
/
Yes _"_ No
Based on the above findings, this conditionalnse should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
DATE: 11/ S / () I!
, /
,\ 'It/ '(/),
MEMBER: ll.tL77r1 <<- 'Q ,n/ (LIt Otz-
EXHIBIT A
Agenda Item No, 17e
June 12, 2007
Page 83 of 89
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2006-AR-9458
The following facts are found:
1. Section 2,04,03, Table 2 of the Land Development Code authorized the conditional
use.
2. Granting the conditional use will not adversely affect the public intercst and wi!1not
adversely affcct other property or uses in the same district or neighborhood because
of:
A. Consistency with the Land Development Code and Growth Management Plan;
Yes L No
-...- ,-
B.
Ingress and egress to propelty and proposed stlUctw'es thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
(
Adcquate ingress' & egress
I
Yes No
};}1)J;~r 'J
C. Affects neighboring propelties in relation to noise, glare, economic or odor
effects ;
__ No affect 01' _ Affect mitigated by VX UvJL(,~: J~
_ Affect cam10t be mitigated H
D. Compatibility with adjacent properties and other property in the district;
Compatible use within district
Yes / No
(
(
DATE:
I. :/ D
MEMBER;
Based on the above findings, this conditional use should, wit
recommende fo' approval to the Board of Zoning Appeals,
EXHIBIT A
Agenda Item No. 17C
June 12, 2007
Page 84 of 89
BATCH PLANT LEGAL DESCRIPTION
A PARCEL OF LAND LYING IN SECTION IS, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER
COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 15;
THENCE SOUTH 00'04'34" EAST ALONG THE WESTERLY LINE OF THE NORTHWEST
QUARTER OF SAID SECTION 15 A DISTANCE OF 1345.56 FEET;
THENCE LEAVING SAID LINE NORTH 89'17'51" EAST A DISTANCE OF 150m FEET TO
AN INTERSECTION WITH THE EASTERLY RIGHT OF WAY LINE DESCRIBED IN OFFICIAL
RECORDS BOOK 3802 PAGES 2557 THROUGH 2591 PUBLIC RECORDS OF COLLIER COUNTY
FLORIDA AND THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED;
THENCE NORTH 89'17'51" EAST ALONG A LINE 30.00 FEET SOUTHERLY FROM AND
PARALLEL WITH TIlE NORTH LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SAID SECTION 15 A DISTANCE OF 1203.97 FEET;
THENCE LEA VrNG SAID LINE SOUTH 00'07'30" EAST ALONG THE EAST LINE OF THE
SOUTHWEST QUARTER OF TIlE NORTHWEST QUARTER OF SAID SECTION 15 A DISTANCE
OF 900,05 FEET;
THENCE LEAVING SAID LINE SOUTH 89017'51" WEST ALONG A LINE 900.00 FEET
SOUTHERLY FROM AND PARALLEL WITH THE AFORESAID NORTH LINE A DISTANCE OF
615.03 FEET;
THENCE LEAVING SAID LINE NORTH 00'07'30" WEST ALONG A LINE 615,00 FEET WESTERLY
FROM AND PARALLEL WITH THE AFORESAID EAST LINE A DISTANCE OF 750,04 FEET;
THENCE LEAVING SAID LINE SOUTH 89'17'51" WEST ALONG A LINE 150,00 FEET
SOUTHERLY FROM AND PARALLEL WITH THE AFORESAID NORTH LINE A DISTANCE OF
589.06 FEET TO AN INTERSECTION WITH THE AFORESAID EASTERLY RIGHT OF WAY LINE;
THENCE LEA VrNG SAID LINE NORTH 00'04'34" WEST ALONG SAID EASTERLY RIGHT OF
WAY LINE A DISTANCE OF 150.01 FEET TO THE POINT OF BEGINNING OF THE PARCEL
HEREIN DESCRIBED;
CONTAINING 14.74 ACRES OF LAND MORE OR LESS;
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD;
ABSTRACT NOT REVIEWED,
AGNOLl, BARBER AND BRUNDAGE, INC,
PROFESSIONAL ENGINEERS. PLANNERS & SURVEYORS AND MAPPERS
'.. , ',' 'r ~
Q?ORGE W.W.,C. ~" P,S,M, 5606
:~;."l.: "'-',-";_ .._,_.
"~iQNTAil{iNc:;. 14.74';;'~RES. OF LAND MORE OR LESS;
,stJB,fECTTO-EASEMI.'lNTscAND RESTRICrIONS OF RECORD;
:A\?Sl;RAcrNot:mriiIEfw]tb,
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RBW:AjJi3 DWG #,9327'BS-3IJAN07
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EXHIBIT B
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Agenda Item No. 17C
June 12, 2007
Page 86 of 89
CONDITIONS OF APPROVAL
FOR
A CONDITIONAL USE PETITION
FOR
CU-2006-AR-9458
The petitioners agree to develop and maintain the project subject to the following conditions:
I, The Conditional Use is limited to what is shown on the conceptual site plan, identified as
"Immokalee Concrete Plant Conceptual Master Plan," prepared by Agnoli, Barber &
Brundage, Inc, dated March 2006. The site plan is conceptual in nature for conditional use
approval. The final design must be in compliance with all applicable federal, state and
county laws and regulations. The Department of Zoning and Land Development Review
Director may approve minor changes in the location, siting, or height of buildings, structures,
lmd improvements authorized by this conditional use, so long as these minor changes remain
consistent with all applicable development standards.
2. Expansion of the uses identified and approvcd within this conditional use, or major changes
to the approved plan, shall require the submittal of a new conditional use application and
shall comply with all applicable County ordinances in effect at the time of submittal,
ineluding Chapter ]0,02,03 of the Collier County Land Development Code, Ordinance 04-
41, as amended, relating to Site Development Plan (SDP) review and approval,
3. Principal access to the project site shall be from CR 846 (ImlTIokalee Road),
4. Raw materials storage, plant location and general operations around the plant shall not be
located or conducted within 100 feet of any exterior boundary as shown on the conceptual
site plan.
5. The height ohaw material storage facilities shall not exceed 50-feet.
6. The hours of operation of the concrete plant shall be limited to two-hollrs before sunrise to
sunset.
7, The minimum setback from Immokalee Road (CR 846) shall be ISO-feet for operational
facilities and 7S-feet for supporting administrative offices and associated parking.
8, An eight-foot height wall shall be located along thc northern, southern, and western
boundaries of the "Concrete Manufacturing Facility," landscaping planted on the outside of
these walls.
9. Industl'ialnoise buffering standards will be utilized to minimize noise generation and shall
not exceed the maximull1noise standards for Collier County.
CONDITIONS OF APPROVAL
EXI-lIBlT D
Page I of2
Agenda Item No. 17C
June 12, 2007
Page 87 of 89
CONDITIONS OF APPROVAL
FOR
A CONDITIONAL USE PETITION
FOR
CU-2006-AR-9458
10, The project shall provide an annual monitoring report of traffic and road conditions
immediately adjacent to the project. The project must donate all necessary right-of-way for
the constrnction of turn, and acceleration lanes, and 1he future expansion of the adjacent
roadway at the time of the next Development Order. The applicant shall be responsible for
the costs of constructing the entrance, turning lanes, and a minimum 1410-foot south bound
accclcration lanc 01' othcr roadway improvements that is determined by the County
Transportation Planning Services Department. As related to this Conditional Use
application, the applicant shall not be responsible for fUl'ther pavement widening
requirements after Immokalee Road (CR-846) is improved to a foul' lane minor arterial road
by Collier County,
CONDITIONS OF APPROVAL
EXI-IIBlT 0
Pnge 2 or2
I
Agenda Item No. He
June 12, 2007
Page 88 of 89
e~RO J<. CHeFFY
BOAAD OEFmRED CIVIL TRlAL.ATlORNEV
BOAAD CEFmPfED BU81N!S6 1J"\'1M'DN A1TOANer
JOHN M. Pi\SSIOOMO
BOMD CERTlFIED REAL &sTATE ATTORNEY
GEORGE A. WILBON
SOtJI) c~ WIllS. TRUS'IS" ESTATEBATlOFlNEY
F. ED'MRD JOHNSON
EIOMD CERTlAED ~ TRUS1S I. ESTATES A110ANEY
JOHN D, KEHOE
80NlD CERTlFlED CIVL TRW.ATJORNEY
lDUIS D, D'AGDSnNO
BOAPO CERTRD APPELlATE PRAC'f1CE ATTOANEY
JEFF M. NOIQ>.TT
DAVID A. ZULIAN
KEVIN A. DENT!
Via Email and Regular Mail
CHEFFY PASSlDOMO
WILSON & JOHNSON
.ATroJiNJn's AT LAW, UP
821 AFTH AVENUE SOUTH, SUITE 201
NAPlES, FLORIDA 34102
TELEPHONE: (239) 261.9300
FAX: (239) 261.9782
E.MAIL: CPWJOnsplOSlllw.com
April 19, 2007
JEFPREY S. HOFFMAN
BONI) CER11FIED WH.lS. TRUS18 &.ES'OO'ES AlTDRNEV
lDUlS W, CHEFFY
BOARD CfRT1RED REAL ESTATE ATTORNI!V
LlS.'.H,BARNffi
BOAAO OEAT1FED REAL ESTATE ATTOFlNEr
CL"" C, BROOKER
ANDREW H, REISS
W1LlJAM J, DEMPSEY
BOAAD CERTIFIED REAL !STAlE ATR:IANEV
STANlEY A. BUNNER, JR.
MICHAel S, GROSS
ERIC 1: COFFIAAN
JASON O. LOWE
~COlJNSEl.:
GEORGE L. VARNADOE
James V, Mudd
Collier County Manager
3301 East Tamiami Trail
Naples, FL 34112
Re:
Rinker Concrete Manufacturing Facility at Silver Strand
CU-2006-AR.9458
;."..
~~.
DearMr~ '
This Jetter is to request that Petition CU-2006-AR-9458, concerning the conditional use for the
Concrete Manufacturing Facility at Silver Strand for Silver Strand ill Partnership, be continued from
the scheduled May 8, 2007 hearing date to May 22, 2007, I am the authorized agent and have the
authority to make this request.
Although this item was unanimously approved by the Planning Commission and would
nOlmally appear on the Summary Agenda, we have concerns with one of the stipulations from the
Planning Commission, We are concerned that the stipulation requiring a southbound acceleration lane
after a left turn onto Immokalee Road may be inappropriate and unsafe. I think the extra two weeks
will allow us to discuss this matter with traffic consultants and County Transportation Staff in order to
detennine the advisability and safety of the acceleration lane.
If there are questions, or if you have concerns regarding this letter, please do not hesitate to
contact me,
GLV/mlb G oe
cc: Fred Reisch!
Tom Sansbury
Joseph Schmitt, Administrator,
Collier County Community Development & Environmental Services
Norman Feder, Director, Collier County Transportation Department
Michael Deruntz, Collier County Planner
F:\wpdocs\LmGL V\Barron Collier Co\Batch P!ant\Corrcs 01\1, Mudd 4--19-07.doc
Agenda Item No. 17C
June 12, 2007
Page 89 of 89
EDWARD K. CHEFl'Y
BOAAOC8I"FFIE!I),CIYI. JFlW.R1tHEY
BOMD 0IRrFII!D IIIU8INeS8 UI1Go\TION AT'1'OIN!V
JOHN M. PASSlllOMO
aQNU) C8R'Tft!0AEAl. ESTATE ATTORNeY
GEORGE A. WILSON
80NtD CEATFIED WLL8. TllUS'T8 & ESTAlEB A1TOFIEY
F, EDWARD oIOHN8ON
IIOARO 0I!IA1'1N!DWIU.B. TAUS'1'S" esn.TES ATTOANEY
JOHN O.ICI!HOE!
IIOMDCBmPEDCML 1AW..ATTCREY
LOUISD,D'_
BOMDCEATFED N"PEU.ATEPfUirCOCE ATlORNEY
JEFF Iol, NOVA'IT
DAVID A. ZULIAN
I<EVlN A. DENT!
CHEFFY PASSIDOMO
WiLSON &: JOHNSON
ATnmmft Kr lAtlI l.U'
821 FlFT1i AVENUE SOUTH. SUITE 201
NAPLaI.~MI02
TE1.EPHONE: l:I39) l!IIHl300
FAX, (ZI8) 281-8'182
EMAIL: Cl.W.JOnoplooIM.com
April 19, 2007
.EFRlEYs,~
~ftD~WI.L8, l'RUSrB&II'TN8RTDftNEY
LOUIS W. CHEl'FY
8C)VI) c:ERlW!D lEAL I!STAT! AT'IOfINEY
USA H.IIARHETT
BOARD CEA'1'FIEO AI!AL. BITIUE A1'TOFIN!Y
ClAy C.1lAOOKER
ANDREW H.1lEI88
WlWAM J.I:EMI .BEl
BOMDCEflTlAEDAEALramtrwATKWfEY
. STANLEY A.IIUNIIER. JR.
t..-1_PIIERJ. THORNTON
MICHAELS. _
_ 0. LCIWE
OFCOUN8~
GEOAOE L. YAIlNAOOe
Via Emsil and Regular Mail
James V, Mudd
Collier COUDty Manager
3301 East Tamiami Trail
Naples, FL 34112
Re: Rinker Concrete Manufacturing Facility at Silver Strand
CU-2oo6-AR-9458
Dear Mr. Mudd:
This letter is 10 again request that Petition CU-2006-AR-9458, concerning 1he conditional use for the
Concrete Manufacturing Facility at Silver Strand for Silver Stnmd ill Partnership, be continued from 1he
rescheduled May 22, 2007 hearing date 10 1he next BCC meeting on June 12, 2007, I am 1he authorized agent
and have the authority 10 make this request,
Although this item was unanimously approved by the Planning Commission and would normally appear
on the Sommal}' Agenda, we have concerns with one of the stipulations from 1he Planning Commission. Weare
concerned that the stipulation requiring a southbound acceleration lane after a left turn onlO Immokalee Road
may be inappropriate snd unsafe, We have met with County Transportation Staff and think we have 8Il altemate
mitigation proposal that will better respond to 1he "delay" issue that the acceleration lane was to address, We
simply need SOIOe eldra time to get a1l1he pieces in place.
If there are questions, or if you have concerns regarding this letter, please do not hesitate to contact me,
GLV/mlb
ce: Fred Reischl
David Genson
Tom Ssnsbwy
Joseph Schmitt, Administrator,
C~I 'er County Community Development & Environmental Services
No Feder, Director, Collier CoWlty Transportation Department
Mich I Deruotz, Collier County Planner
Nick asalinguida
F:\wpdoosILmdLV\B8ITOD ColllerCoIBlIICh PilIDtCorres 0711. Mudd 5-14-07,doc
Sit\'Y,
~oe
.
Coli, County
...~.........
- -- --
RECEIVED
OFFICE OF THE COUNTY MANAGEr
JUN - 7 2007
ACTION
Memorandum
TO:
Jim Mudd, County Manager
From:
Nick Casalanguida, Transportation Planning Director
Re:
Rinker Concrete Facility at Silver Strand CU-2006-AR-9458
June 12,2007 BCC Agenda Item 17C
Date:
June 6, 2007
We have reviewed the proposal in the attached letter dated June 5, 2007 from Barron Collier Companies. J have
discussed this proposal with Bob Tipton, P.E., Director of Collier County Traffic Operations and the proposal is
consistent with the recommendations from the transportation division that resulted from a meeting dated May 14,
2007 with Barron Collier Companies. We concur that the mitigation proposed to install an adaptive signal control
system in lieu of an acceleration lane would provide a better solution to the delay on the adjacent roadway network
that would be caused by the concrete manufacturing facility heavy vehicles. Specifically, the applicant has agreed to
provide for the instaHation of the "SCOOT" or equivalent intelligent transportation management system at the
intersection of Immokalee Road and Randal Boulevard and the Immokalee Road and Oil Well Road (2
intersections). Also, the applicant has agreed to provide signage at the project entrance and lmmokalee Road. Mr.
Tipton has agreed and has requested that the signage should be an advance warning system triggered by the heavy
vehicles exiting onto Immokalee Road.
Please consider this memorandum as a recommendation to accept the alternative mitigation proposed as defined
above in lieu of the acceleration lane. This would be consistent with a portion of the cepc stipulation number 10 in
the executive summary. This recommendation would only replace the 1,410' south bound acceleration lane
requirement and all other stipulations should remain in full.
Please include this memorandum as an attachment to the agenda item and include it as follow up correspondence to
the Board of County Commissioners for approval.
Sincerely,
n~)b~
Nick Casalanguida, Director
Transportation Planning / Development Review
cc: George Varnadoe (Cheny. Passidomo, Wilson & Johnson, LLP)
David B. Genson, PE (Barron Collier Companies)
Robert Tipton, P.E., Director Transportation Operations
Michael Greene, Planning Manager, Transportation Planning
Jeanne Marcella, Transportation Planning to FILE AR#9458
II. Barron
" Collier
COMPANIES
RECEIVED
JUN D 5 2007
T~ 8IrvicN IllviIIon
'.. I"
U >, \~
I~ ~ :\
';.\(r{
June 5, 2007
Via Email and Hand Delivery
Mr. Nick Casalanguida
Director
Collier County Transportation Planning
2885 S. Horseshoe Drive
Naples, Florida 34104
Reo Rir.ker Concrete Manufacturing Facility at Silver Strand
CU-2006-AR-9458
Dear Mr. Casalanguida:
This letter is concerning the conditional use for the Concrete Manufacturing
Facility at Silver Strand (Facility) for Silver Strand III Partnership (a Barron Collier
Company) and our review of the proposed alternative transportation mitigation for the
minor impacts from the proposed Facility.
As discussed in our May 14, 2007 meeting, we have concerns with respect to the
Planning Commission stipnlation requiring a southbound acceleration lane after a left
turn onto Immokalee Road. In summary, we presented our consultant's review and
analysis of the proposed stipulation, which indicated negligible benefits when weighed
against the proposed costs associated with such an improvement. In addition, we noted
that we have concerns that the acceleration lane may cause an additional conflict point, or
unsafe condition, where the traffic merges.
As an alternative mitigation proposal, suggested by you, we have reviewed the
potential of funding the capital costs associated with installing an adaptive signal control
system (SCOOT) at two (2) intersections. Specifically, these intersections are
lmmokalee Road and Oil Well Road and Immokalee Road and Randall Boulevard. In
addition, the alternative proposal would require the installation of the appropriate signage
(Caution - Trucks Entering Traffic) at the proposed access to the Facility.
It is our opinion that the installation of the SCOOT system at these intersections
would be more beneficial to the overall transportation network (i.e. reduced travel time,
number of stops, queuing, and so forth) than the acceleratioD lane. Therefore, we find
this alternative transportation mitigation proposal (in lieu ofan acceleration lane)
acceptable and agree to fund the above-described SCOOT and signage improvements.
Please note that this mitigation is contingent upon actual construction of the Facility and
will be made prior to our request for Certificate of Occupancy.
2600 GOLDEN GATE PARKWAY. NAPLES, FLORIDA 34105. (239) 262-2600. FAX (239) 262-2589
Thank you for your help with regard to this matter. If there are questions, please
do nol hesitate 10 contact me at 239-262-2600 (office) or 239-404-3337 (mobile).
Sincerely,
dtEL71:ANffiS
David B. Genson, PE
Project Manager
ec: Genrge Varnadoe (Chelfy, Passidomo, Wilson, & Johnson, LLP)
John M. Passidomo (Chelfy, Pas,idomo, Wilson, & Johnson, LLP)
Christopher J. Thornton (Chelfy, Passidomo, Wilson, & Johnson, LLP)
Paul Marinelli (Barron Collier Companies)
Blake Gable (Barron Collier Companies)
Tnm Sansbwy (Barron Collier Companies)
Fred Reisehl (Agnoli. Barber, and Brundage, Inc.)
Agenda Item No. 170
June 12, 2007
Page 1 of 189
EXECUTIVE SUMMARY
PUDZ-2005-AR-7588, Richard Evans, represented by Tim Hancock, of Davidson
Engineering Inc., requesting a rezone from Rural Agriculture "A" zoning district to
Commercial Planned Unit Development "CPUD" zoning district, to be known as Evans
CPUD, for property located on the west side of Livingston Road (CR-881) and south of
Pine Ridge Road (CR-896) at 12745 Livingston Road in Section 13, Township 49, Range 25
East, Collier County, Florida.
OBJECTIVE:
To have the Board of County Commissioners (BCC) consider the petitioner's request to rezone a
6,0 acre tract from the Rural Agricultural (A) zoning district to a Commercial Planned Unit
Development (CPUD) zoning district and ensure the project is in harmony with all the applicable
eodes and regulations in order to ensure that the community's interests are maintained,
CONSIDERATIONS:
The subject property contains 6,0 acres and is currently developed as a landscaping business and
nursery that has been in operation since 1990. The subject property is zoned Rural Agricultural
(A) and is within the Livingston Road Commercial Infill Subdistrict of the Urban designation of
the Future Land Use Map of the GMP. It is proposed to be rezoned to a commercial PUD to
permit general and medical office uses, The subject CPUD is part of the petitioner's larger land
holdings totaling 17,85 acres, Approximately 4.86 acres of the 6,0 acre CPUD contains a utility
easement held by Florida Power and Light (FPL). The proposed commercial development shall
contain a maximum of 52,000 square feet of mixed office and non-commercial storage uses, As
noted on the Master Plan, the buildable area of the site is located at the northeast corner of the
property in the 1.5 aere area that is not encumbered by the FPL easements. Access to the subject
property is currently from Livingston Road, which is classified as an urban minor, arterial
roadway with a divided, six-lane roadway, The ingress and egress to the site will be limited to
right-in and right-out movements, The petitioner has also made provisions for a pathways trail
easement paralleling the 235 foot-wide FPL easements, It should be noted that the petitioner has
entered into an Appurtenant Easement Agreement between the developers of the Evans CPUD
and the Kensington Park Master Association (KPMA) regarding landscaping, buffering and
maintenance issues,
FISCAL IMPACT:
The rezoning petition, 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 rezoning petition is approved, a portion of the land could be developed, 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
Page 1 016
Agenda Item No. 170
June 12. 2007
Page 2 of 189
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.
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:
The subject property is desi!,'l1ated Urban Mixed Use District - Livingston Road Commercial
Infill Subdistrict, as identified on the Future Land Use Map of the Growth Management Plan,
Future Land Use Element: The Subdistrict consists of 6.0 acres located on the west side of
Livingston Road and approximately 500 feet south of Eatonwood Lane. The Subdistrict allows
professional and medical offices to serve surrounding residential areas within a convenient travel
distance to the subject property, Non-commercial indoor storage by occupants of the building(s)
is also a permitted use. The Subdistrict is designed to be compatible with neighboring
commercial and residential uses, through the development standards provided herein, along with
other planning considerations,
The maximum allowed development intensities include a maximum of 52,500 square feet of
professional or medical office use in buildings containing a maximum zoned height of 50 feet. If
access cannot be obtained via Eatonwood Lane, which is not possible due to the development of
that portion of Kensington Park PUD with the developmcnt's golf course facilities, then access
to the property within the Subdistrict shall be from Livingston Road; shall be located at the
southern end of the site; shall be limitcd to right-in and right-out only; and, shall include shared
access with the property to the south, which has been proposed,
Based upon the above analysis, staff concludes that the proposed uses for the subject site may be
deemed consistent with the Future Land Use Element and the Livingston Road Commercial Infill
Subdistrict.
AFFORDABLE HOUSING IMPACT:
Applicant has agreed to contribute $0.50 per square foot of building constructed into the Collier
County Affordable Housing Trust Fund upon issuance of CO,
ENVIRONMENTAL ISSUES:
Environmental Services Staff has reviewed the petition and has recommended approval subject
to the conditions contained in Section 2,10 of the PUD document.
Page 2 016
Agenda Item No. 170
June 12. 2007
Page 3 of 189
ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION:
An Environmental Impact Statement (EIS) was not required for this parcel, because it is under
the size threshold, it was previously impacted through the previous development, and because
there are no wetlands on site. Therefore, the EAC did not hear this petition,
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION:
The CCPC heard this petition on May 3, 2007 and with a unanimous (8-0) vote recommended to
forward PUDZ-2005-AR-7588 petition to the Board of County Commissioners (BCC) with a
recommendation of approval subject to the following conditions:
I. The actual building height shall not exceed a maximum of 65 feet.
2, The petitioner's offer to contribute $0,50 per square foot of building area to the Collier
County Affordable Housing Trust Fund upon issuance of CO.
3, The minimum setback between structures shall be 10 feet or one half of the sum of the
buildings, whichever is greater.
4, The deviation from Section 5.02,03,E,2 (Fences) of the LDC that requires a masonry wall
and/or fence be provided on non-residential property when adjacent to residential
property is approved,
Because the CCPC approval recommendation was unanimous and no letters of objection have
been received, this petition has been placed on the Summary Agenda,
LEGAL CONSIDERATIONS:
This is a site specific rezone from the Rural Agriculture (A) Zonlng District to a Commercial
Planned Unit Development (CPUD) Zoning District for a project known as the Evans CPUD,
Site specific rezones are quasi-judicial in nature. As such the burden falls upon the applicant to
prove that the proposed rezone is consistent with all the criteria set forth below, The burden then
shifts to the Board of County Commissioners (BCC), should it consider denying thc rezone, to
determine that such denial would not be arbitrary, discriminatory or unreasonable. This would
be accomplished by finding that the proposal does not meet one or more of the listed criteria
below,
Criteria for PUD Rezones
Ask yourself the following questions. The answers assist you in making a determination for
approval or not.
I. Consider: 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 otber utilities.
2, Is there an adequacy of evidence of unified control and suitability of 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
Page 3 of6
Aaenda Item No. 170
" June 12, 2007
Page 4 of 189
3. 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.
4, Consider: Conformity of the proposed PUD with the goals, objectives and policies
of the Growth Management Plan.
5. Consider: 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,
6. Is there an adequacy of usable open space areas in existence and as proposed to serve
the development?
7, Consider: The timing or sequence of development (as proposed) for the purpose of
assuring the adequacy of available improvements and facilities, both public and
private.
8. Consider: The ability of the subject property and of surrounding areas to
accommodate expansion,
9.
Consider: 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,
J-
10, Will the proposed change be consistent with the goals, objectives, and policies and
Future Land Use Map and the elements of the Growth Management Plan?
] 1. Will the proposed PUD Rezone be appropriate; considering the existing land use
pattern?
12, Would the requested PUD Rezone result in the possible creation of an isolated district
unrelated to adjacent and nearby districts?
]3, Consider: Whether existing district boundaries are illogically drawn in relation to
existing conditions on the property proposed for change.
14, Consider: Whether changed or changing conditions make the passage of the
proposed amendment necessary,
15, Will the proposed change adversely influence living conditions in the neighborhood?
16, Will the proposed change create or excessively increase traffic congestion or create
types oftraffic deemed incompatible with surrounding land uses, because of peak
,--
Page 4 of6
Agenda Item No. 17D
June 12, 2007
Page 5 of 189
17, volumes or projected types of vehicular traffic, including activity during construction
phases of the development, or otherwise affect public safety?
18, Will the proposed change create a drainage problem?
19. Will the proposed change seriously reduce light and air to adjacent areas?
20, Will the proposed change adversely affect property values in the adjacent area?
21. Will the proposed change be a deterrent to the improvement or development of
adjacent property in accordance with existing regulations?
22, Consider: Whether the proposed change will constitute a grant of special privilege
to an individual owner as contrasted with the public welfare,
23, Are there substantial reasons why the property cannot ("reasonably") be used in
accordance with existing zoning? (a "core" question...)
24, Is the change suggested out of scale with the needs of the neighborhood or the
county?
25,
Consider: Whether it is impossible to find other adequate sites in the county for the
proposed use in districts already permitting such use.
.-
26, Consider: 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.
27, Consider: The impact of development resulting from the proposed PUD rezone on
the availability of adequate public facilities and senJices 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 [Code
ch,] 06, art, II], as amended,
28, Are there other factors, standards, or criteria relating to the PUD Rezone request that
the Board of County Commissioners shall deem important in the protection of the
public health, safety, and welfare?
The BCC must base its decision upon the competent, substantial evidence presented by the
written materials supplied to it, including but not limited to the Staff Report, Executive
Summary, maps, studies, letters from interested persons and the oral testimony presented at the
BCC hearing as these items relate to these criteria,
,-
Page 5 of6
Agenda Item No. 170
June 12. 2007
Page 6 of 189
RECOMMENDA TJON:
Staff recommends that the Board of County Commissioners (BCe) approve Petition PUDZ-
2005-AR-7588 subject to the recommendations of the CCPC that have been incorporated into the
CPUD document.
PREPARED BY:
Michael], DeRuntz, C.F,M" Principal Planner
Department of Zoning & Land Development Review
.--
Page 6 of6
Item Number;
ItemSummllry:
Meeting Date:
Page 1 of!
Aqendi-, Item No 170
~ ,jun~' 12.2007
Page 7 of 189
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
1','D
Pe:itlon F'UDZ_2JOS_AF,-_i588 Richard c',ans represented by Tim Hancoc~_ of DavidsQn
lngir1eeflng me reauesii,.19 0\ ;czor18 trom Rural !'.;H<cullllre t, zOrl1n~ d:st"i~t lD ComnH:)rcial
Pi"nned 'J,,jj Development CP'JD 10 De ~noNn as Evans CPUO by creating a PUO
[hlcurnent and Master F'ian, proposing rneolcal ana prafeSSI()I'1al offlcI:s and r1on,c:JrTlmerclal
,ndoor storsge by OU;UPSlltS 01 tneDUiloll;(1(S) W:Ul;) maXimum of 52 JOO SQuareleet The
~L1tJJ!)C1 propeny. conSisting (-,f G Q acres, lS ioeated west oj LiVingston Road an'J south of
F'1:1P Rid']e F~oad at 12745livlngston Rond in Section 13, lownSI'.ip '>1. [,ange 2S East
Collier County. f londa 1hls l\elTllbC1Ulres mat ei: partl8ipanfs n() sw,eyn il1 wld ex pmte
disciosure tm proy,ded by Commission members
6/12/2007 ~DO()OAM
Principal Planner
Date
Prepared By
MlchaelJ DeRunlz
Community Development &
EnyiranmentalServices
Zoning & Land Development Review
5i22l20077:2r,01 PM
Approved By
Chief Planner
Date
Ray Bellows
Community Development &
E:nvironmentalServices
Zoning 8. Land Development Review
5/23120079:01 AM
Approved By
ExecutivvSecrelMy
D'lte
Marlene Stewart
Community Development &
Erwironmentillservices
Community Devefopment &
Envirotlll'entalservicesAdmin
512312DD71140AM
Data
Approved By
MJrjone M. Student-Stlrllllg Assi5tant County Attornay
512:.l120071209PM
Approved By
County Attorney County Attornuy Office
Norm E. Feder,AICP
TransportntlonServices
Transportat,QnDivlSlOnAdminlstralOr
Date
Transportation Services Admin
5/231Z0071411PM
Approved By
ZOning & L.md Development Director
Date
Susan Murray,AICP
GOnlmunitv Development &
EnvironmenlalServlccs
2011in9& Land Duvelopnlenl Review
5123iZ00741OPM
Approved By
Dat",
JlldyPUI\) OperiltionsAnaiyst
Commlmity Development & Community Deveicpment &
Env;ronmnntalServices E.nvironmentaISer....,cesAdmin
51;:3/2007449 PM
Appro,'edBy
MPO Director
Date
NickCasalanguida
lransportationServices
TransportalionPlanning
S/24i200710:03AM
ApprHedBy
,Ioscph K Schmitt
Community Development &
EnvironmentalSarv;ces
Community Development &
E:nvironmentill Services Adm;nstralor
Dale
COlnmunity Development &
Environmental Services Admin
51Z5/200712:02PM
Approved By
Dale
OMBCoordinalor
County Managar's Office
OMS Coordinator
Office of Management & Budget
5.'25/2007 '1:51 PM
BudgetAnalyst
Date
Approved By
Mark l'5ackson
County Manage(sOffice
Office of Management & Budget
(;[21200712:56 PM
Approved By
County Manager
Dilte
JamesV. Mudd
Board of County
Commissioners
County Manager's Office
(;141200711:10 AM
tile:! /C:\AgendaT est\Export\R4-Juneo/020 12,%202007\ 17. %20SUMMAR Y%20AGENDA \ 17.. 6/6/2007
i&lgI\ll9Alq'!"EJ'Ml.glf'D
June 12,2007
Page 8 of 189
Co~r County
STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
FROM:
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
COMMUNfTY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
HEARING DATE: May 3, 2007
SUBJECT:
PETITION PUDZ-2005-AR-7588, EVANS CPUD
AGENT/APPLICANT:
OWNER:
Richard Evans
12745 Livingston Road
Naples, FL 34105
AGENT: Tim Hancock
Davidson Engineering, lnc,
2154 Trade Center Way, #3
Naples, FL 34109
REOUESTED ACTION:
The petitioner is requesting a rezone from "A" Rural Agricultural to Commercial Planned Unit
Development "CPUD" to be known as the Evans CPUD,
GEOGRAPHIC LOCATION:
The subject PUD is located approximately 500 feet south of Eatonwood Lane and lies on the west
side of Livingston Road in Section 13, Township 49 South, Range 25 East. (See illustration on
following page)
PURPOSEIDESCRIPTION OF PROJECT:
The subject properly contains 6.0:1: acres and is currently developed as a landscaping business and
nursery that has been in operation since 1990. The subject property is zoned Rural Agricultural (A)
and is within the Livingston Road Commercial Infil1 Subdistrict of the Urban designation of the
Future Land Use Map of the GMP. It is proposed to be rezoned to a commercial PUD for general and
medical offices, The project is pmt of a propelty totaling 17.85 acres. Approximately 4,86 acrcs of
the 6.0"' acres contains a utility easement owned by Florida Power and Light (FLP). The proposed
commercial development shall contain a maximum of 52,000 square feet of mixed office and non-
commercial storage uses, As noted on the Master Plan, the buildable area of the site is on thc
I
PUDZ-05-AR-7588, Evans CPUD
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Agenda Item No. 17D
June 12, 2007
Page 11 of 189
northeast corner of the propelty in the 1.5 acre area that is not encumbered by the FPL easements.
Access to the subject property is currently from Livingston Road, Livingston Road is classificd as an
urban minor, arterial roadway with a divided, six-lane roadway. The ingress and egress to the site
will be limited to right-in and right-out movements. The petitioner hus also made provisions for a
pathways trail easement paralleling the 235-foot widc FPL easements. It should be noted that the
petitioner has entered into an "Appultenant Easement Agreement Regarding Buffering and
Maintenance between the developers of the Evans CPUD (Evans) and the Kcnsington Park Mastel'
Association (KPMA)" (See Easement Agreement, Exhibit D),
SURROUNDING LAND USE AND ZONING:
Subject Parcel: The subject propelty is a landscaping nurselY that has been in operation since 1990,
The property is zoned Rural Agricultural (A)
Surrounding- NOlth: Golf course maintenance facility for residential development 570 dwelling
units on 370 acres (1.6 dwelling units per acre), zoned Kensington Park PUD
East: Livingston Road then single-family homes approved Residential Planned Unit
Developmcnts (Arlington Lakes PUD: 590 residential units on 93.36 acres - 6
dwelling units per acre), (Balmoral PUD: 236 rcsidential units on 58,95i acres
_ 4 dwelling units per acre), (Livingston Lakes PUD: 327 residential units on
46,73 acres - 6,99 dwelling units per acre), zoned Right-of Way then Rural
Agricultural (A) proposed Mixed Use Planned Unit Developmcnt (MPUD)
identified as Naples Church of Christ MPUD, Arlington Lakcs PUD, Bahnoral
PUD, and Livingston Lakes PUD
South: landscaping nursery, zoned Rural Agricultural (A)
West: residential development 570 dwelling nnits on 370 acres (1.6 dwelling units pCI'
acre), zoned Kensington Park PUD
4
PUDZ-05-AR-7588, Evans CPUD
Agenda Item No. 170
June 12, 2007
Page 12 of 189
GROWTH MANAGEMENT PLAN CONSISTENCY:
Thc subject propelly is dcsignated Urban Mixed Use District - Livingston Road Commercial Infill
Subdistrict, as identified on the Future Land Use Map of the Growth Management Plan,
Future Land Use Element: The Subdistrict consists of 6,0 acres located on the west side of Livingston
road and south of Eatonwood Lane, The Subdistrict allows professional and medical offices to serve
surrounding residential areas within a convenient travel distance to the subject propelty. Non-
commercial indoor storage by occupants of the building(s) is also a pennitted use. The Subdistrict is
designed to be compatible with neighboring commcrcial and residential uses, through the development
standards provided herein, along with othcr planning considerations,
-I
.- -I
.,
ZONING MAP
5
PUDZ-05-AR-7588, Evans CPUD
Agenda Item No. 170
June 12. 2007
Page 13 of 189
The maximum allowed development intensities include a maximum of 52,500 square feet of
professional or medical office use in buildings containing a maximum zoned height of 50 feet. If
access cannot be obtained via Eatonwood Lane, which is not possible due to the development of that
portion of Kensington Park PUD with the development's golf course facilities, then access to the
propelty within the Subdistrict shall be from Livingston Road; shall be located at the southern end of
the site; shall be limited to right-in and right-out only; and, shall include shared access with the
propClty to the south, which has been proposcd,
FLUE Policy 7.1 cncourages developers to cOlmect to fronting collector and atterial roads: (This site
will provide access to the propelty from Livingston Road),
FLUE Policy 7,3 encourages intemal access or loop roads in an effOlt to reduce vehicle congestion
on nearby roads. (The project proposes shared access with the property to the south).
Based upon the above analysis, statT concludes that the proposed uses for the subject site may be
deemed consistent with the Future Land Use Element and the Livingston Road Commercial Infill
Subdistrict.
LJ\'JNOe1"ON ROAD OOMlotllROJAL IH'ILL 8UBD1S1'IUCT
COLloiD COUNTY. n..ollltM,
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SUBJECT
PROPERTY
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6
PUDZ-05-AR-7588, Evans CPUD
Agenda Item No, 17D
June 12,2007
Page 14of189
Transportation Element: The Evans CPUD can be considered consistcnt with Policy 5.1 of the
Transportation Element of the Growth Management Plan [GMP], The adjacent roadway network has
sufficient capacity to accommodate this project throughout the fivc-ycar planning period, Livingston
Road has a remaining capacity of approximately 1,459 trips.
Open Space/Conservation: A minimum of thirty percent open space of the gross site area, as
described in Section 4,02.0I.B,2 of the Land Development Code (LDC) and Policy 1.1.6 of the GMP,
will be required of the PUD.
ANALYSIS:
StafT 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 summarizcd 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").
Affordable ]-Iol!s!l}gJ!1!Ract: The developer has not committed to any assistance toward Affordable
Housing.
Environmental Analvsis: The subject property was legally cleared prior to 1975 for agricultural use,
therefore the native vegetation preservation requirements do not apply, The site is presently used as a
landscape nursery, An "EnvirolUllental Sampling and Analysis Investigation" was prepared because
of the existing and previous land uses on the subject property. From the testing, some soils were
identified as having hazardous contamination. These soils were safely removed and destroyed, The
subject propeliy had been retested and no contaminations were discovered (See Environmental
Sampling and Analysis Investigation, Exhibit C).
Environmental Services Staff has reviewed the petition and has rccommcndcd approval subject to the
conditions contained in Section 2,8-0pen Space and Native Vegetation Retention Requirement and
Section 2, I O-Environmental within the PUD document. The Environmental Advisory Council (EAC)
was not required to review this petition because the subject propeliy had been previously impacted
with the previous uses,
Transportation Analvsis: Transportation Department staff has reviewed the petition and has
recommended approval subject to the conditions contained in Scction 2.12 within the PUD document.
In Section 2.12 within the PUD document provides stipulations for the right-in and right-out ingress
and egress and the developer have agrecd to provide a 20-foot wide tmil easement and future access
to the property to the south.
Utility Issues: The Utilities Dcpartmcnt Staff has reviewed the petition and has recommended
approval subject to the conditions contained in Section 2.11 of the CPUD Document.
7
PUDZ-05-AR-7588, Evans CPUD
.
Agenda Item No. 170
June 12. 2007
Page 15 of 189
Zonin@. 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 transpol1ation infrastructure, other infrastl1lcture, 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 GMP, The subject property is designated Urban Mixed
Use District - Livingston Road Commercial Infill Subdistrict, as identified on the Future Land Use
Map of the Growth Management Plan The Subdistrict allows professional and medical offices to serve
surrounding residential areas within a convenient travel distance to the subject property. Non-
commercial indoor storage by occupants of the building(s) is also a permitted use, The Subdistrict is
designed to be compatible with neighboring commercial and residential uses, through thc development
standards provided herein, along with other planning considerations,
Relationship to Existing Land Uses - The subject property is currently developed as a landscaping
business and nursery. The site was legally cleared when the existing landscape nursery was established,
The project site is primarily located within the Main Golden Gate Canal Basin and the 1-75 Canal Sub-
basin according to the Collier County Drainage Atlas. Thc entire site is located within FEMA Flood
Zone "X" with no base flood elevation specified. The subject property is bordered by Livingston Road,
Kensington Park PUD, and a landscape nursery, The subject property is located in the Rural
Agricultural (A) district. Presently, the subject property has been altered extensively through past plant
nursery uses, and contain accessory buildings, In rezoning the subject property to a Commercial
Planned Unit Development (CPUD), the petitioner is proposing to contain a maximum of 52,000
square feet for mixed office and non-commercial storage uses. Inmlediately to the n0l1h of the
subject property are the golf course maintenance facilities for the residential planned unit developed
Kensington Park PUD. The Kensington Park PUD is located to the west, and is development with 566
residential dwelling units of the approved for 570 dwelling units on 370 acres (1.6 dwelling units per
acre). To the east is Livingston Road and then two existing residential home sites, Petition PUDZ-
2006-AR-I0294, Naples Church of Christ, Inc., has been submitted for this property for a rezoning
from the Rural Agricultural zoning district (A) to the Mixed Use Planned Unit Development (MI'UD)
zoning district to allow development of a maximum of a 1,000-membcr religious facility, a 300-
student elementary school and 74 multi-family and 2 single-family dwelling units in a project known
as the Naples Church of Christ Mixed Use Planned Unit Development (MPUD). There are three
residential planned unit developments which are also to the east: Arlington Lakes PUD: 590 residential
units on 93,36 acres - 6 dwelling units pcr acre; Balmoral PUD: 236 residential units on 58.95:1: acres -
4 dwelling units per acre; and Livingston Lakes PUD: 327 residential units on 46.73 acres - 6.99
dwelling units per acre.
To the south of thc subject property is the balance of the parcel of land which is used for a landscaping
nursery. This property is owned by the applicant. Staff believes that the proposed uses are consistent
with the criteria established for the Livingston Road Commercial Infill Subdistrict, as identified on the
FLUE of the GMP, The proposed uses for the project would provide necessary services that could be
needed by the surrounding existing and future residential developments and would not adversely
impact the existing residential land uses in the area with the ameliorating elements of landscaping that
is proposed along the north, west, east, and southern boundaries of the commercial development area
that will meet the goals of the GMP and enhance the aesthetic quality of this area, As noted helow, in
8
PODZ-05-AR-7588, Evans CPUD
Agenda Item No. 170
June 12, 2007
Page 16 of 189
of this area. As noted below, in the Neighborhood Information Meeting Summary, the residents of
Kensington Park PUD were concerned about the adverse impact of this commercial development on
the surrounding properties. The applicant addressed these concerns by limiting the height of the
building to t1u-ee-stories, which could include two stories over parking at a maximum height of 50-feet;
arranging the lighting to prohibit glare; and limiting the hcight of the poles on thc western side of the
development area to twelve-feet, and specifying the amount of buffcring, The maximum building
height is 50-feet for any building on the development area. This is comparable to the 35-foot
maximum height for the finished floor of any residential building approved for Kensington Park PUD,
45-feet for multi-family dwelling units approved for Balmoral PUD, three habitable stories above the
minimum flood elevation for any residential dwellings approved for Livingston Lakes PUD, and the
35-foot maximum height for any residential buildings approved for the Arlington Lakes PUD, The
opportunity to provide an interconncction to the developed propeliy to the south meets Objective 9 of
the Transportation Element for the OMP, which recommends that future developments should strive to
provide interconnections of local streets between developments to facilitate convenient movcment
throughout the roadway network, and multiple points of ingress and egress for greater accessibility for
public safety, Access to the subject property is compliant with the OMP's guidelines to position the
access point to Livingston Road at the south pOliion of the site and to limit turning movement to right-
in and right-out only if acccss is not via to Eatonwood Lane, Access is prohibited to Eatonwood Lane
due to the development of that portion of Kensington Park PUD for the development's golf course
maintenance facilities,
Deviation Discussion:
The petitioncr is seeking onc dcviation and has identified it in Section 2.19 ofthc PUD document. The
petitioncr has providcd justification in support of the deviations in the PUD Document. Staff has
analyzed the deviations and providcs the analyses and rccommendations below,
Deviation 1 seeks relief from Section 5,02,03.E.2 (Fences) of the LDC which requires a masonry wall
or prefabricated concrete wall and/or fence be provided whcnever a nomesidential development lies
contiguous to, or opposite, a residentially zoned district. The petitioner is proposing that:
The existing berm along the western boundary will he augmented with landscaping to achieve the
opacity standards contained in the LDC for Type 'B' Buffers in accordance with Section 2.15.13. of this
document and thc northern boundary will requirc only a Type 'B' buffer since the adjacent use is a golf
course maintenance facility and not residential.
The petitioner provided the following justification for this deviation:
The adjacent residential component of Ihe Kensington CPUD is buffered by existing
land~caping, The proposed development area is approximately 235 feel from the
western property boundary. The adjacent residential development is also separated
from the subject property by Kensington High Street, which is a 60 foot righl-of-way
that includes a landscape b1{ffer. The resulting separation between the development
m'ea and the existing residences is approximately 295 feet, An "Appurtenant Easement
Agreement regarding Buffering and Maintenance Between the developers of the Evans
CPUD (Evans) and the Kensington Park Master Association (KPMA)" has been
executed and recorded for the western boundmy and a Type 'B' buffer will be provided
along the northern boundary.
9
PUDZ-05-AR-7588, Evans CPUD
Agenda Item No. 17D
June 12, 2007
Page 17 of 189
Staffis supportive of Deviation No, I based upon the distance separating the commercial development
site and the adjoining Kensington Park PUD and the "Appurtenant Easement Agreement regarding
Buffering and Maintenance Between the developers of the Evans CPUD (Evans) and the Kensington
Park Master Association (KPMA)" being approved by the two palties for the western boundary and the
non-residential land uses that exist for the northern boundary. Staff, therefore, finds the deviation in
compliance with LDC Section IO,02.13.A.3, in that the petitioner has demonstratcd that "the element
may be waived without a detrimental effect on the health, safety and welfare of the community."
NEIGHBORHOOD INFORMATION MEETING: Michael J, OeRuntz, Principal Planner, Zoning
and Land Devclopment Review Department, Collier County, opened the Neighborhood Information
Meeting at 5:30 pm., in the Conference Room of the Library at Osceola Elementary SchooL Mr,
DeRuntz informed thc ten persons that were in attendance that this mceting was for a rezoning request
from an Agricultural (A) zoning classification to a Commcrcial Planned Unit Development (CPUD)
for property located on the west side of Livingston Road. He stated that this mceting was a
requirement of the Land Developmcnt Code (LDC) and was an OPPOltUnity for thc adjoining property
owners and residents to heal' from the applicant of the rezoning request as to what is being proposed,
and for the property owners aud residents to ask questions about the proposed rezoning request and
express any concerns which they might have about the proposed petition. He introduced Mrs. Kelly
Smith, Project Planner with Davidson Engineering, to explain the request for the applicant.
Mrs. Kelly Smith reviewed the rczoning request and highlighted the key clements of the 1'00
document. She stated that thc total property is 17,85 acres, but only 6 acres is being requested to be
rezoned, The six-acre area fronts on Livingston Road and adjoins Tract 7 of Kensington Pal'k to the
North. The majority of the six-acre area being proposed to be rezoned has Florida Light and Power
utility em;ements over them, Only a I 55-foot by 425-foot area is unrestricted from utility easements
and can bc developed. The rezoning is from an Agricultural (A) classification to a Commercial (C)
classification, This area in identified in the Futme Land Usc Element (FLUE) of the Growth
Management Plan (GMP) as the Livingston Road Commerciallnfill Subdistrict. As such, the rczoning
petition is being patterned after the criteria established for that Subdistrict for consistcncy to limit the
requcst to be developcd as a PUD, land uses to bc rcstricted to professional and medical offices with
indoor storage for tenants only, the commercial square footage to be limited to 52,500 square feet alId a
building height of three stories, with a maximum of 50-feet.
Questions D:om those in attendance included the following comments:
. What will the height of the buildings be actually? The maximum height is 50-feet, but that is
measured to the mid-point of the roof. The peak of the roof may be 8-10 feet higher, depending on
the design.
. What type of lighting will be used? The lighting fixtures will be limited to the design standards of
the LDC,
. Will automotive service stations be allowed? The uses permitted in the Livingston Road Infill
Subdistrict are limited to professional and medical offices with indoor storage for tenant use only.
. Will the existing access point remain or will others be included? The existing entrance location
will remain and future access points will be limited to the County's access management plan.
10
PUDZ-05-AR-7588, Evans CPUD
Agenda Item No. 17D
June 12, 2007
Page 18 of 189
· Has the required FEMA elevations for this property changed with the new maps? This is not
known, but will have to be included.
. Can the water management requirements for the developed area be located in the FPL easement
area? It is believed that it could be, but will be governed by the easement agreement. The
easement will allow overflow parking, but not overnight parking.
· The request for a deviation of the wall requirement along the westem property line was discussed,
The residents did not believe that there was justification for the deviation, and requested that if this
rezoning petition was approved, that the wall requirement for commercial developments that are
adjacent to residential developments not be rcmoved, The wall will provide additional buffering
for sound and sight impacts to the residential neighborhood,
· It was requested that the petitioner consider incorporating some of the development restrictions that
were included in the Hiawassee PUD that was recently approved for the property north of this
property, possibly the 3D-foot building height restriction, Those in attendance did not Wlanimously
support the 3D-foot building height I'estriction, and the applicant was not supportive of this
restriction either, but was willing to look at the conditions,
· Asked if a public hearing notice could be provided when the SDP is submitted for the development
on this property, It was explained that the County has no mechanism or criteria for a public review
of an SDP application.
. Concern was expressed over foul odors and Palm Rats harboring in stored landscaping waste on
the site.
Mrs. Kelly Smith stated that she would provide a copy of the last version of the proposed Evans CPUD
document to those in attendance,
The meeting was adjourned at 6: 15 pm,
STAFF RECOMMENDATION:
That the Collier Counly Planning Commission (CCPC) forward a recommendation of approval of
petition PUDZ-05-AR-7588, Evans CPUD subject the conditions of approval that have been
incorporated in the PUD document.
II
PUDZ-05-AR-7588, Evans CPUD
Agenda Item No. 170
June 12, 2007
Page 19 of 189
-:5 ~y~ ~7
~/L//
REVIEWED BY:
~.Yn~~M/ m. rt~~~
MARJO EM. STIJDEN -STIRLING .
ASSISTANT COUNTY ATTORNEY
3, ( ?5v[O--
DATE
R~ S,7.()NINO "'"NAGER
DEPAR MENT OF ZONING AND
LAND DEVELOPMENT ,VIEW
SUSA , I TENES, AICP kECTOR
DEPARTMENT OF ZONING AND
LAND DEVELOPMENT REVIEW
'f '207
DATE
4-'(8.07
DATE
APPROVED BY:
'ii",lc?
~
Tentatively scheduled for the June 12,2007 Board of County Commissioners Meeting
COLLIER COUNTYc)LA:rr,ING COMMISSION:
\.; \j ~W-~\" \J%~~
MARK P. STRAIN, CHAIRMAN
Exhibit A - Zoning Findings
Exhibit B - Findings for PUD
Exhibit C - Environmental Sampling and Analysis Investigation
Exhibit D - Easement Agreement
12
PUDZ-05-AR-7588, Evans CPUD
Agenda Item No. 170
June 12. 2007
Page 20 of 189
REZONE FINDlNGS
PETITION PUDZ-05-AR-7588 EVANS CPUD
Scction 10,03,05 of the Collier County Land Development Code requires that the report and
recommendations of the Plmming Commission to thc Board of County Commissioners shall
show that the Planning Commission has studied and considcred the proposcd change in
relation to the following, where applicable:
l. Whether the proposed change will be consistent with the goals, objectives &
policies of the Future Land Use Map and the clements of the Growth
Management Plan.
Pro: The subject property is designated Urban Mixed Use District - Livingston Road
Commercial InfilI Subdistrict, as identified 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 Livingston Road Commercial Infill Subdistrict.
Con: The adjaccnt and nearby residents may oppose the proposed maximum height
for the subject petition and its the compatibility to the adjoining residential properties.
Findings: Based on the staffs rcview, the proposed development would be in
compliancc with the Futnre Land Use Element (FLUE) of the Growth Management
Plan (GMP) for Collier County and complies with the criteria established in the
Livingston Road Commerciallnfill Subdistrict.
2. The existing land usc pattern;
Pro: The Location and Zoning Maps that are attached to the staff report show the
Evans CPUD site is located between existing developed 01' developing residential
properties, GMP FLUE Policy 7.1 encourages developers to connect to fronting
collector and mierial mads, which this site will provide access to the property from
Livingston Road. In addition, FLUE Policy 7.3 encourages internal access or loop
roads in an effort to reduce vehiele congestion on ncarby collector/arterial roads, As a
result, this project proposes a shared access with the property to the south,
Con: The petitioner's proposes commercial uses that are at a higher intensity of use
and not compatible with the adjoining residential land uses in activity intensity.
Findings: Staff believes that the petition has provided adequate mlleliorating factors to
offset the advcrse impacts from the proposed land uses. This petition is also consistent
with the requirements of the Livingston Road Commercial Infill Subdistrict.
EXHIBIT "A"
13
PUDZ-05-AR-7588, Evans CPUD
,
Agenda Item No. 170
June 12, 2007
Page 21 of 189
3. The possible creation of an isolated district nnrelated to adjacent and nearby
districts;
Pro: The Evans CPUD parcel is within the area parameters of the Livingston Road
Commerciallnfill Subdistl'ict. As such is consistent with expected land uses by virtue
of its consistency with the FLUE of the GMP. Since the proposed PUD states that
adequate public facilities either exist or will be provided and that the petition is willing
lo phase the start and approval of the development upon the completion of critical
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 the commercial subdistrict within the
FLUE of the GMP.
4. Whether existing district boundaries are illogically drawn in relation to existing
conditions on the property proposed for change.
Pro: The subject site adjoins a six lane County arterial roadway (Livingston Road) to
the west, and basically fits within an area that is identified for the Livingston Road
Commerciallnfill Subdistrict.
Con: None
Findings: The residential parcel boundaries are logically drawn and they are consistent
with the Urban Mixed Usc District - Livingston Road Commerciallnfill Subdistrict,
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 petition is consistent with the Livingston Road Commercial lnfill
Subdistrict, as identified on the Future Land Use Map of lhe GMP. This subdistrict
was approved to reflect the changing conditions when the necessary right-of-way was
taken for the six lane improvement of Livingston Road. The BCC agreed with the
petitioner contention that the site was no longer viable for residential uses,
Con: None
Findings: The proposed Evans CPUD is compatible with adjacent land uses due to the
ameliorating element provided through landscaping buffering along the subject
properly boundaries, This includes the "AppUltenant Easement Agreement Regarding
Buffering and Maintenance Between the developers of the Evans CrUD (Evans) and
the Kensington Park Master Association (KPMA),"
6. Whether the propllsed change will adversely influence living conditillns in the
Ileighbllrhood;
14
PUDZ-05-AR-7588, Evans CPUD
l\genda Item No. 17D
June 12. 2007
Page 22 of 189
Pro: The County's current land use policies in the FLUE support the action to
encourage services to adjoining residential development, while limiting sprawl.
Con: None
Findings: The proposed Evans 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 projected types of vehicular traffic, including
activity during construction phases of the development, or otherwise affect public
safety.
Pro: TIle project was reviewed based on the current Transportation Impact Statement
(TIS) guidelines and with respect to Policy 5.1 of the TranspOliation Element. The
project is located on the west side of Livingston Road, which is classified as a six-lane
minor arterial roadway, The petitioner has agreed to provide a vehicular
interconnection to the south, and a trail pathway eascment, The project is also limited
to right-in and right-out only on to Livingston Road.
Con: None
Findings: The TranspOliation Services Division has reviewed the proposed pun and
has recommended approval of the petition based upon the petition's conditions for
providing interconnectivity, a trail pathway easement, and restricting ingress and
egress to right-in and right-out only.
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 sevcre
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
15
PUDZ-05-AR-7588, Evans CPUD
Agenda Item No. 17D
June 12, 2007
Page 23 of 189
Findings: All projects in Collier County are subject to thc 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
penctration and circulation of air does not advcrsely 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 mayor may not affect values, since value detennination by law is
driven by market value. The merc fact that a property is given a ncw zoning
designation or amendment mayor may not affect value, However, staff is of the
opinion that this petition could adversely affect residential property values in thc area
based on the incompatibility of the projects proposed commcrcial uses, the buffcring is
deemed inadequate,
Findings: This is a subjective determination based upon anticipated results which may
be internal or cxternal 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 mayor may not affect values, sincc value determination by law is drivcn by
market value, The mere fact that a property is given a new zoning designation mayor
may not affect value.
11. Whethel' the proposed change will be a deterrent to the improvement or
development of ad,jaeent property in accordance with existing regulations;
Pro/Con: Evaluation not applicable
Findings: The basic prcmise nnderlying 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 owncr as contrasting with the public welfarc;
Pro: The subject property is designated Urban Mixed Use District - Livingston Road
Commercial Jnfill Subdistrict, as identified on the Future Land Use Map of the GMP.
The purpose of this subdistrict is to provide for higher densities in an area with fewer
natural resource constraints and where cxisting and planned public facilities are
concentrated,
Con: None
16
PUDZ-05-AR-7588, Evans CPUD
Agenda Item No. 170
June 12. 2007
Page 24 of 189
Findings: The proposed rezone complies with the land use designation of the Urban
Mixed Use District - Livingston Road Commerciallnfill Subdistrict, as identified on
the future Land Use Map of the OMP, which is a public policy statement supporting
zoning actions when they are consistent with the entire OMP.
13. Whether there are substantial reasons why the property cannot be used in
accordance with existing zoning;
Pro: The existing Rural Agricultural (A) zoning does not provide the commercial land
uses as identified in the Urban Mixed Use District - Livingston Road Commercial
Jnfill Subdistrict, as identified on the Future Land Use Map of the OMP.
Con: None
Findings: The proposed rezone conforms to the future land use element of the OMP
because it will be used in accordance with the Urban Mixcd Use District - Livingston
Road Cornmerciallnfill Subdistrict, as identified on the Future Land Use Map of the
OMP,
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 objcctive criteria set forth for the
OMP FLUE Policy 7,1 and 7.3 conforms to the purpose and intent of the OMP and all
its elements,
Con: None
Findings: The proposed zoning is designed in a manncr that is compatible with the
Livingston Road Commercial Infill Subdistrict and the sunoundmg property in size
and scale.
15, Whether it is impossible to find other adequate sites in the County for the
proposed nse in districts already permitting snch use.
Pro/Con: Evaluation not applicablc
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 OMP, 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 alteution,
which would be required to make the property usable for any of the range of
potential uses under the proposed, zoning classification.
17
PUOZ-05-AR-7588, Evans CPUD
Agenda Item No. 170
June 12, 2007
Page 25 of 189
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 tne 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-disdplined 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 pmt 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:
18
PUDZ-05-AR-7588, Evans CPUD
Agenda Item No. 17D
June 12. 2007
Page 26 of 189
FINDINGS FOR PUD
PETITION l'UDZ-05-AR-7588, EVANS CPUD
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:
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 residential planned unit developments and a
proposed mixed uses planned unit development across the street. The petition is for
commercial uses which are consistent with the Livingston Road Commercial Infill
Subdistrict, as identified on the Future Land Use Map of the OMP, 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 property to the south.
Con: Not applicable because this project is surrounded by residential uses at a density
that is lower than the proposed commercial petition.
Findings: The proposed development would be in compliance with the Future Land Use
Element (FLUE) of the Growth Management Plan (OMP) for Collier County by
providing services to the nearby residential uses while not promoting sprawl and
complies with the criteria established in the Livingston Road Commercial Infill
Subdistrict.
2. Adequacy of evidencc of unified control and suitability of any proposed agreements,
contract, or other instruments, or for amendments in those proposed, particularly
as thcy 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 Evans CPUD application provide evidence of
unified control. The PUD document makcs 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 Application for Evans CPUD that it will be in
compliance with the planning goals and objectives of Collier County as set forth in the
GMP.
EXHIBIT "B"
19
PUDZ-05-AR-7588, Evans CPUD
Agenda Item No. 170
June 12,2007
Page 27 of 189
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 thc 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: Buffering has been provided and a deviation has been requested for the wall
requirements for this commercial development. The staff has recommended that the
deviation be approved due to the distance separating thc commercial development site
and the adjoining Kensington Park PUD and the executed "Appurtenant Easement
Agreement regarding Buffering and Maintenance Between thc developers of the Evans
CPUD (Evans) and the Ken~ington Park Master Association (KPMA)" being approved
by the two parties for thc western boundary and the non-residential land uses that exist
for the northern boundary,
Con: None
Findings: Staff analysis indicatcd that the petition is compatible, both intcrnally and
externally with the proposed uses and with the surrounding uses.
5. The adequacy of usablc opcn space areas in existence and as proposcd to serve the
development.
Pro: 111e proposed commercial planned unit development provides 30 percent of the total
to be used for open space, while the site contains 4,86 acres of 6,0 acres (81 percent) of
the subject property as Florida Power and Light easements, Section 2.8 of the PUD
document states that the easement area may be utilized for access and stormwater
management, this project should well exceed the minimum open space requircments.
Con: None
Findings: Staff analysis indicated that the petition is compatible, both internally and
externally with the proposed uses and with the sUl1'Ounding uses. The proposed Evans
CPUD is compatible with adjacent land uses due to the ameliorating element provided
through the extensive open space provided by the 4,86 acres of FPL easements and
landscaping buffering provided along the boundaries of thc commercial development.
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
20
PUDZ-05-AR-7588, Evans CPUD
Agenda hem No. 170
June 12, 2007
Page 28 of 189
Findings: The proposed Evans 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 fUlther 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 SUPPolting infrastructure such as
wastewater disposal system, potable water supplies, characteristics of the pl'Operty
relative to hazards, and capacity of roads, is suppOltive 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 detennination that such modifications
are .iustificd as meeting public purposes to a degree at least equivalent to literal
application of such regulations.
Pro: The petitioner has submitted a request for one deviation within the PUD Document.
This deviation is seeking relief from Section 5.02.03.E,2 (Fences) of the LDC which
requires a masonry wall 01' prefabricated concrete wall andlor fence be provided
whenever a nonresidential development lies contiguous to or opposite a residentially
zoned district.
Con: The neighbors have expressed a concern about the adverse impacts that the
commercial development would have on them,
Findings: Staff is supportive of Deviation No. I based upon the distance separating the
commercial development site and the adjoining Kensington Park PUD and the
"Appurtenant Easement Agreement regarding Buffering and Maintenance Bctween the
dcvelopers of thc Evans CPUD (Evans) and the Kensington Park Mastcr Association
(KPMA)" bcing appl'Ovcd by the two patties for thc western boundary and the non-
residcntial land uscs that exist for the northern boundary. Staff, therefore, finds the
dcviation in compliance with LDC Section lO,02.13.A,3, in that the petitioner has
demonstrated that "thc clement may be waived without a detrimental effect on the health,
safety and welfare of the community."
21
PUDZ-05-AR-7588, Evans CPUD
.
Agenda Item No. 17D
June 12, 2007
Page 29 of 189
PUDZ-2005-AR-7588
PRO.TECT # 2004090068
DATE: 5/11/2005
MICHAEL DcRUNTZ
APPLICATION FOR PUBLIC HEARING FOR:
18IPUD REZONE (PUDZ)
DpUD TO PUD REZONE (PUDZ-A)
Petition No.:
Planner Assigned:
Date Received:
Commission District:
ABOVE TO BE COMPLETED BY STAFF
1. . General Information:
Name of Applicant(s) Richard Evans
Applicant's Mailing Address 12745 Livini;Ston Road
City NaDles
State -..E1
Zip 34105
Applicant's Telephone # .1239)643-6124
Fax # (239)643-6413
Applicant's E-Mail Address: N/A
Nanle of Agent Kellv Smith
Finn Davidson Eneineering. !nc,
Agent's Mailing Address 2154 Trade Center Wav, #3
City NaDles
State FL
Zip 34109
Agent's Telephone # (239)597-3916
. Fax # (239)597-5195
Agent's E-Mail Address:
kelly@davidsoneneineering.com
COLLIER COUNTY COMMUNITY DEVELOPMENT
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
2800 N. HORSESHOE DRIVE-NAPLES, FL 34104
PHONE (941) 403-2400IFAX (941) 643-6968
AnnUca1lon For PlIblte Hearlop" For pun Rezone 6/14/64
Agenda Item No. 17D
June 12,2007
Page 30 of 189
*Be aware that Collier County has lobbyist regulatiOllS. Guide yourself accordingly
and ensure that you are in compliance with these regulations.
Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets
if necessary)
Name of Homeowner Association:
Mailing Address
City
State _ Zip
Name of Homeowner Association:
Mailing Address
City
State _ Zip
Name of Homeowner Association:
Mailing Address
City
State _ Zip
Name of Master Association:
Mailing Address
City
State _ Zip
Name of Civic Association:
Mailing Address
City
State _ Zip
2 , Disclosure of Interest Information:
a, If the property is owned fee simple by an 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
Richard Evans
12745 Livin!!ston Road
Naoles. FL 34105
Percentage of Ownership
100%
AlloUcatlon For Public Henrlll~ For PUD Rezone 6/14/04
, ,
Agenda Item No. 17D
June 12, 2007
Page 31 of 189
b. If the property is owned by a CORPORATION, list the officers and stockholders and the
percentage of stock owned by each.
Name and AddreBS, 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 Addre...
Percentage of Interest
d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the
name ofthe general and/or limited partners,
Name and Address
Percentage of Ownership
e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a
Corporation, Trustee, or a Partnership, list the names of the contract purchasers below,
including the officers, stockholders, beneficiaries, or partners.
Name and Address
PoccentageofCmroerBhip
Date of Contract:
Aoollration For public Hearin2 For PUD Rezone 6114/04
Agenda Item No. 170
June 12. 2007
Page 32 of 189
f. If any contingency clause or contract temlS involve additional parties, list all individuals
or oflicers, if a corporation, partnership, or trust.
Name and Address
g. Date subject property acquired (2/2/2000) leased ():_Term ofIease
yrs.lmos,
If, Petitioner has option to buy, indicate date of option:
terminates: , or anticipated closing date
and date option
h. Should any changes of ownership or changes in contracts for purchase occur subsequent
to the date of application, but prior to the date of the final public
hearing, it is the responsibility of the applicant, or agent on his behalf, to submit
a supplemental disclosure of interest form.
3. Detailed IeeaI descriotion of the orooertv covered bv the 8Dolication: (If space is
inadequate, attach on separate page.) If request involves change to more than one zoning
district, include separate legal description for property involved in each district. Applicant
shall submit four (4) copies of a recent survey (completed within the last six months,
maximum 1" to 400' scale) if required to do so at the pre-application meeting,
NOTE: The applicant is responsible for supplying the correct legal description. If questions
arise concerning the legal description, an engineer's certification or sealed survey may be
required.
Section: 13
Township: 49
Range: 25
Lot:
Block:
Subdivision:
Plat Boo~ Page #:
Property I,D.#: 00258972605
Metes & Bounds Description: see attached boundary survev
4 .
Size of orooertv: 410
ft. X 650 ft. = Total Sq. Ft.
Acres 6.0
5. Address/eenerallocatlon of subject orooertv:
12745 Livingston Road Naples. FL 34105
The subiect properlY is located west of Livingston Road and south of Pine Ridge Road,
ADDlicatloD For Public HearJnll For PUD Rezone 6114104
Agenda Item No. 170
June 12, 2007
Page 33 of 189
6,
PUD Dlstrict(LDC 2.2.20,4):
llil Residential 0 Community Facilities
o Conunercial 0 Industrial
7. Adjacent zonine and land use:
Zoning
Land use
N A
Kensington - Golf Course Maintenance
S A
Conunercial Landscape Nursery
E ROW
Livinl!Ston Road
W PUD
Kensington Park
Does the owner of the subject property own property contiguous to the subject property? If
so, give complete legal description of entire contiguous property. (If space is inadequate,
attach on separate page).
Section:
Township: Range:
Lot:
Block: Subdivision:
Plat Book_ Page #: Property I.D.#:
Metes & Bounds Description: N/ A
8. Rezone Reauest: This application is requesting a rezone from the _A (Rural
Agriculture zoning distrlct(s) to the Conunercial PUD zoning district(s).
Present Use of the Property: The subiect prooertv is currentlv developed as a conunercial
landscaoe nursery.
Proposed Use (or range of uses) of the property: Medical and orofessional offices and non-
eonunercial indoor storage bv occuoants of the building(s).
Original PUD Name: N/A
Ordinance No,:
ADDllelltloll For Public HeBrlmr For PUD Re7.one 6/14/04
Agenda Item No. 170
June 12, 2007
Page 34 of 189
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 recolIunendation 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 rezonc rcquest with specific reference to the criteria noted below.
Include any baekup materials and docmnentation in support of the request.
PUD Rezone Considerations (LDC Section 2.7.3.2.5)
1. The suitability of the area for the type and pattern of development proposed in relation to
physical characteristics of the land, surrounding areas, traffic and access, drainage,
sewer, water, and other utilities.
Please see attached.
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,
Please see attached.
3, Conformity of the proposed PUD with the goals, objectives and policies of the growth
management plan,
Please see attached.
4. The internal and external compatibility of proposed uses, which conditions may include
restrictions on location of improvements, restrictions on design, and buffiring and
screening requirements,
Please see attached.
5, The adequacy of usable open space areas in existence and as proposed to serve the
development.
Please see attached.
6. The timing or sequence of development for the purpose of assuring the adequacy of
available improvements and facilities, both public and private.
Please see attached.
ADnll~fltlon For Public HeRrin:!! For pun Re7.one 6/14/04
Agenda Item No. 17D
June 12, 2007
Page 35 of 189
7. The ability of the subject property and of surrounding areas to accommodate expansion,
Please see attached.
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.
Please see attached.
9. Deed Restrictions: The County is legally precluded from enforcing deed restrictions,
however, many communities have adopted such restrictions. You may wish to contact the
civic or property owners association in the area for which this use is being requested in order
to ascertain whether or not the request is affected by existing deed restrictions.
10, Previous land use oetitiolls on the subiect propel'tv: To your knowledge, has a public
hearing been held on this property within the last year? If so, what was the nature of that
hcaring? N/ A
II. Additioual Submittal requirements: In addition to this completed application, the following
shall be submitted in order for your application to be deemed sufficient, unless othetwise
waived during the pre-application meeting.
a. A copy of the pre-application meeting notes;
b. If this rezone is being requested for a specific use, provide twenty (20) copies (this
includes: HUI if affordable housing, Joyce Ernst, if residential and ImmokaleefWater
Sewer District, if in Immokalee) ofa24" x 36" conceptual site plan [and one reduced 8\1,,"
x II" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting
the following [Additional copies of the plan may be requested upon completion of staff
evaluation for distribution to the Board and various advisory boards such as the
Environmental Advisory Board (RAB), 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 pat'lcing 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),
ADDncaflon For Public }{earlnu For PUD Rezone 6/14/04
Agenda Item No. 170
June 12. 2007
Page 36 of 189
· proposed and/or existing landscaping and buffering as may be required by the County,
c, An architectural rendering of any proposed structurcs. NIA
d. An Environmental Impact Statement (EIS), as required by Section 3.8. of thc Land
Development Code (LOC) , or a request for waiver if appropriate.
c, Whether or not an EIS is required, two copies of a recent aerial photograph, (taken within
the previous twelve months), minimum scale of one inch equals 400 feet, shall be
submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries.
Such identification shall be consistent with Florida Department of Transportation Land
Use Cover and Forms Classification System, Additionally, a calculation of the acreage
(or square feet) of native vegetation on site, by area, and a calculation and location(s) of
the required portion of native vegetation to be preserved (per LDC Section 3.9.5.5.4.).
f. Statement of utility provisions (with all required attachments and sketches);
g, A Traffic Impact Statement (TIS), unless waived at the pre-application meeting;
h. A historical and archeological surveyor waiver application if property is located within
an area of historical or archaeological probability (as identified at pre-application
meeting);
1. Any additional requirements as may be applicable to specific conditional uses and
identified during the pre-application meeting, including but not limited to any required
state or federal permits.
j. The petitioner must providc a letter of no objection from the United States Postal Service'
prior to submittal of the application. Please contact Robcrt M, Skebe, Growth
Managcmcnt Coordinator at: Phonc (239) 435-2122; Fax (239) 435-2160
k. An electronic vcrsion ofthc PUD on a disk as part of this submittal package,
1. Boundary Survey, no more than six months old - LDC Section 2.7.3.1.2.(8)
Please be advised that Section 2.7.2.3.2 (3) of the Land Development Code requires
an applicant to remove their public hearing advertising sign (s) after fmal action is
taken by the Board of County Commissioners. Based on the Board's final action on
this item, please remove all public hearing advertising sign (s) immediately.
Land Use Petition Continuance Fees:
Two days or less prior to meeting = $500
Requested at the meeting = $750
Additional required advertising charged in addition to continuance fees
ADDl1catlon For Puhllc Hf!orlmr For PUD Rezone 6/14/04
Agenda Item No. 17D
June 12. 2007
Page 37 of 189
PUD REZONE APPLICATION
~ITTAL.CHECKLIST
THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET!
REQUIREMENTS #OF NOT
COPIES REOUIRED REOUlRED
1. Completed ApplicationlPUD documents 24* X
2. Copy of Deed(s) and list identifying Owner(s) and all Partners 2* X
if a Cornoration
3. Completed Owner/Agent Affidavit, Notarized 2* 0
4. Pre-application notes/minutes 24* ><
5. Conceptual Site Plans 24* vi
6. Environmental Impact Statement - (EIS) 4 1-
7. Aerial Photograph - (with habitat areas identified) 5* r
8. Completed Utility Provisions Statement (with required 4 X
attachments and sketches)
9. Traffic Impact Statement - (TIS) 7 .~
10. Historical & Archaeological Surveyor Waiver Application 4 ><
11. Copies of State and/or Federal Permits 4 X
12. Architectural Rendering of Proposed Structure(s) 4 X
13. I&IApplication Fee - "PUD Rezone" = $10,000 + $25 per acre X
IXIComprehenslve Planning Consistency Review = $2,250
o Application Fcc - "PUD to POO Rezone" = $8000 + $25.00
per acre
Legal Advertising Fees - $681.00 CCPC & $205.00 BCC
Fire Code Review = $150
EIS Review = $1600
$10,000 + (25 x 6) + $2,250 + ~?:T j150 +$1600 = $15,036
~ $500 (Pre annlication meetin = $14,536 .
14. An electronic copy of all plansli'lRl Qocuments on a disk as 1 X
nart of the submittal nacket.
15. Affordable Housing Density Bonus Agreement including all 4 'I
Annendices and Exhibits.
16. BOUlidary Survey (no more than 6 months old) 5 X
17. Letter of no objection from the United States Postal Service 1 'y
18. OTHER REQUIREMENTS: X
, Documents required for Long-Range Planning Review 'I additional copy if for affordable housing
As the authorized agent/applicant for this petition, I altest that all of the infonnation indicated on this checklist is included
in this submittal package. I understand that failure to inc ude all necessary submittal information may result in the delay of
processing this petition.
. ~-o-~~.<;Z
~ " .........--c.. -e:;---:
Richard Evans, Owner
7~
/ Date
Annllcatlon For PublIc Hearlu'l!" For PUn Rezone ~14/04
Agenda Item No. 170
June 12. 2007
Page 38 of 189
1. The suitability of the areafor the type and pattern of development
proposed in relation to physical characteristics of the land,
surrounding aJ'eas, trqffic and access, drainage, sewer, water,
and other utilities.
This petition seeks to convert 6 acres of land zoned Rural Agricultural (A) to
Commercial PUD for the development of medical and general offices with
indoor storage for tenants. The adjacent properties to the south and west are
developed single family residential and golf course. The property to the north
is developed Commercial PUD. The property is bounded by Livingston Road
to the east, The subject property is also within a developed area of Collier
County with available public utilities and transportation access. Based upon
the. proposed development standards, the PUD is compatible with
neighboring commercial and residential uses. The proposed project will
comply with all buffer requirements set forth in the Collier County Land
Development Code.
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 qftel'
consultation with the county attorney.
The land is owned and controlled by the petitioner. Any common areas within
the project, including all preserve areas, will be owned and maintained by the
owner or a condominium association.
3. Conformity of the Pl'oposed PUD with the goals, objectives and
policies of the growth management plan.
The proposed project is consistent with the Collier County Growth
Management Plan through the application of the development standards
contained in this PUD, The proposed project is consistent with the following
specific policies and objectives:
· The subject property is within the Livingston Road Commercial Infill
Subdistrict of the Urban Designation as identified on the Future Land Use
Map, This Subdistrict allows professional and medical offices and non-
commercial indoor storage by occupants of the building(s) to serve
surrounding residential areas within a convenient travel distance to the
subject property.
. Policy 5,4: The proposed development is compatible with and
complimentary to surrounding land uses.
Agenda Item No. 17D
June 12, 2007
Page 39 of 189
. Policy 2.2.2 of the Conservation and Coastal Management Element
(CCME) is furthered by the water management design of the project which
utilizes conservation areas for water management. As a result, the
cumulative impacts of run-off are reduced and water quality treatment is
improved.
4. The internal and external compatibility of proposed uses, which
conditions may include restrictions on location of improvements,
restrictions on design, and bttffering and screening requirements.
The proposed PUD complies with the buffering requirements set forth in the
Collier County Land Development Code. The proposed PUD also limits the
amount of leasable commercial square footage to 52,000 square feet, This
limitation further mitigates any potential compatibility of the proposed uses
with the adjacent residential uses.
5. The adequacy of usable open space areas in existence and as
proposed to serve the development.
The subject property is currently developed as a commercial landscape
nursery with no usable open space. The proposed project will meet or exceed
the required open space for a commercial PUD.
6. The timing or sequence of development for the purpose of
assuring the adequacy of available improvements and facilities,
both public and private.
The project will comply with the County Adequate Public Facilities ordinance,
No capacity issues are known at this time.
7. The ability of the subject p,-operty and of sU1Tounding a,-eas to
accommodate expansion.
Room for expansion is not' a consideration as the proposed PUD will fully
utilize the portion of the subject property that is eligible for rezoning.
8. Coriformity with PUD ,-egulations, or as to desirable
modifications of such regulations in the particular case, ~ased on
determination that such modifications of justified as meeting
public purposes to a degree at least equivalent to literal
application of such regulations.
While a deviation from the landscape buffer requirements is requested, it is
not believed that the dThe proposed PUD complies with all applicable
regulations set forth in the Collier County Land Development Code for a
commercial PUD. No deviations from the LDC are requested.
Book 2638 - Page 1089
Agenda Item No. 17D
J udi'.ag(l12odi71
Page 40 of 189
,~~. . .:
. 2589961 OR: 2638 PG: 1089 COlI
R1COiDID 10 the omCIAL mOiDS of COLLIII C01JKf!, PLue rll
02!omm It 01: l4Pk DiIaRT I. IROC[, CLlRI DOC, .10 .
, leu: ' :..:
, .qim.1I ~ .~, I.
, " Ult fAKIlVt-!u 1300
"-mt1s'rL'1410! 1010
WARRANTY DEED
liP . .
THIS DEED, is made 011 this.2 - day of Febl'lllU)', 2000, between HIW ASSE, IN
Florid. corporation, whose address is: c/o Kenneth R. Johnson, Esq.. 4001 Tamiami Traill\
Suite 300. Naples, FL 34103 (the "Grantor"), and RICHARD H. EVANS (the "Grantee"), \I
post office address is:
The Grantor, in consideration of the sum ofTEN AND NOJlOO DOLLARS (SI().OO
other good and valuable considerations to said Grantor in ha!'!!i paid by the Grantee, the recei
which is hereby acknowledged, has granted, bargained and sold to the said Grantee IInd Om
Sl'lWSSOlS IIIld assigns forever, the following described property, situated, lying and being in Ci
County, Florida, to wit:
See Exhibit ~ A" attached hereto and made a part hereof by reference.
SUBJECT TO: real estate taxes for the year 2000 and subsequent
years; resuictions, reservations and easements of record, including bu~
not limited to that certain ea.'lement for drainage pwposes set forth in
Warnu'lty deed dated March 9. [992 and recorded in Official Records
Book 1695, at Page 605. of the Public Records afealHer Count)"
Florida. .
And said Grantor does hereby fujjy Wlln'antlhe title to said land, and will defend the !
against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the undersigned Grantor has caused tbis instrument to be
executed and delivered on the day and year first above written.
Witnesses:
HIW ASSE, INC., a Florida corporation
By: _
R. J...~":'<'41
)'1l~~~ )1lc;J';.~ .
I'riIfltllNtmu:: /hAI2. y :Tt> PI CJ,(,lY,{J1!i
PUDZ-2005-AR-7588
PROJECT # 2004090068
DATE,5/11I2005
MICHAEL DeRUNTZ
http://www.coIlierappraiser.com/viewer/Image. asp?
9/9/2004.
Agenda Item No. 170
June 12, 2007
Page 41 of 189
AFFIDAVIT
I, Richard Evans, being first duly sworn, depose and say that I am the owner 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 my knowledge and belief 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 heai'ings will not be advertised until this application is
deemed complete, and all required information haY been submitted.
As property owner Ifurther authorize Davidson Engineering, Inc, .to act aY my representative in any
matters regarding this Petition: .
The foregoing instrument waY aclrnowledged before me this~ day of ~Jr j I
1, i0 Inn yo. D j(b..X\ ~ ~ho is personally knowl\ to me or has produce .
as identification. .
~-~~/
.J!:;:;;>;;~
,./ :::-:::...:,..'
Signature of PropertY Owner
Richard Evans
Typed or Printed Name of Owner
State of Florida
County of Collier
,."110"., TOCI' WEEKS
,*""f~* n
I-i '"KOA MY COMMISSION I OD 222.661
~'~'''i EXPIRES: July 7, 2007
',';f.iif~~' BornledThlUHo\aJyPub1!oUndoJrwrilBIi
Annlicatinn For PubUc Heo:rinv: For PUD Re:wne 6f14!04
PUDZ-2005-AR_7588
PROJECT # 2004090068
DATE: 5/1112005
MICHAEL DcRUNTZ
. , 2005, by
. jO{l~D,Q ~
(Signature of Notary Public - State of
Florida)
.itciO- W<2e:L'3
(Print, Type, or Stamp Commissioned
Name of Notary Public) .
Agenda Item No. 17D
June 12. 2007
Paoe 42 of 189
PUDZ-2005-AR-7588 ~
PROJECT # 2004090068
DATE, 5/ll/200S
MICHAEL DeRUNTZ
STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST
1. NAME OF APPLICANT: . Richard Evans
2 . MAILING ADDRESS: 12745 Livin~ston Road
CITY Naoles
STATE FL
ZIP 34105
3 . ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE):
12745 Livingston Road
4. LEGAL DESCRIPTION:
Section: 13
Township: 49
Range: 25
Lot:
Block:
Subdivision:
Plat Book
Page #:
Property I.D.#: 00258972605
Metes & Bounds Description:
5 . TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system):
a. COUNTY UTILITY SYSTEM !XI
. b. CITY UTILITY SYSTEM 0
c. FRANCHISED UTILITY SYSTEM 0
PROVIDE NAME
d. PACKAGE TREATMENT PLANT 0
(GPD capacity)
e. SEPTIC SYSTEM 0
6.
TYPE OF WATER SERVICE TO BE PROVIDED:
a. COUNTY UTILITY SYSTEM
o
AooliCll.tlon For Public Hearln!!" For PTlD Rez~ne 6/1-4/04
,
"
Agenda Item No. 17D
June 12. 2007
Page 43 of 189
b. CITY UTILITY SYSTEM
c. FRANCHISED UTILITY SYSTEM
PROVIDE NAME
d. PRIVATE SYSTEM (WELL)
[g]
o
o
7. TOTAL POPULATION TO BE SERVED: N/A
8 . PEAK AND AVERAGE DAILY DEMANDS:
A. WATER-PEAK 291.6 GPM AVERAGE DAILY 105.000 GPD
B. SEWER-PEAK 291.6 GPM AVERAGE DAILY 105.000 GPD
9 . IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL
WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE
REQUIRED: 2006
10. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic
drawing of sewage treatment process to be used as well as a specific statement regarding the
method of affluent and sludge disposal. If percolation ponds are to be used, then percolation
data and soil involved shall be provided from tests prepared and certified by a professional
engineer.
11. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located
within the services boundaries of Collier County's utility service system, written notarized
statement shall be provided agreeing to dedicate to Collier County Utilities the water
distribution and sewage collection facilities within the project area upon completion of the.
construction of these facilities in accordance with all applicable County ordinances in effect at
the at time. This statement shall also include an agreement that the applicable system
development charges and connection fees will be paid to the County Utilities Division prior to
the issuance of building permits by the County. If applicable, the statement shall contain shall
contain an agreement to dedicate the appropriate utility easements for serving the water and
sewer systems,
12. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless
waived or otherwise provided for at the pre-application meeting, if the project is to receive
sewer or potable water services from any provider other than the County, a statement from
that provider indicating that there is adequate capacity to serve the project shall be provided.
Utility Provision Statement RJM 10/17/97
AnnUcatlotl For Public Hefirln'll For PUD Rel'..one 61l4/Q4
FROM Dividson Engineering
r-we-<\?2 g--~ ,
G2\0~
mElSEP7 2004 Il:40/sr.11:39/N'Mg~j~IIPJ'~i6Jo ho
June 12. 2007
Page 44 of 189
.4DDRES$rN6 C1lIJCKL1aT
Pleuv complete the followins BDd 8Ubmit to the AcId=sins s"..tlon for Review. Not all items wi! i.J!mlb:.l!.
everv -pmi1:Ct. Items ill bold _ 8ft! nauimd. .
I. Lepl descriptloll ofaubjeot property or proJlG!!i= (C'Dp)' aflengthy ducriptir)/l may be at/Ilene f)
Sectlon13. To"",ahlIl49. 11",,-2.5 - PQ..('c....J 2:...1 ~ __
--
2, Folio (P.ropel'tf W) .llIIINa'(l) of above (Qtli.lcJa ta, Of' lWfIC/tzte with. l41llff ducriplUm i!fNJr , than G~)
00258972605 _~
3. S1l:wt 8ddress or ~ (/IS QpplIcable. if alnDdy lUSigIled)
12745 Uvi,,_ II"""
--
--
4. Loeatloa llI.p, tbowlDg tlUIcflocatioD ofproJeetllite in rell1tion to nC8l'll8t publio 'Vall risht-of. way (at!adr)
5. Copy of survey (NImI)ED ONLY FOR tJNl'LA'M'JSD P10PBll.TIBS)
6. PlOpClsW projCCl nllllc (If applfCDbll!) .
Lan~fllorida - P""..vd "-10........... ...lOl a~"""ed Cl,.-\ ~ tJ:.,.,e... __
7. l'roJlO8lld Sire.et munes (if appI/Qrbk) .
~-
8. Site DevotClplJ1ent PIIII Number (FOR EXISTING PRO./BCI'SlSITBS ONT.. V)
SOP-98-126 .
9. Petidon Type - (CotnplclC . .cparate A.ddrcsslng Chcckll81 for each Potition T)'pC)
o SOP (Site Development P1Iul) 0 PPL (PI- It Plat R.evI.~)
!:I SOP A (SOP AmeIldrnmt) 8 pSP (Prellmlnill)' Subdivision PIe(
o SOPI (SOP Insubstmlilll Cbange) FP (Final PIE) ,
o SIP (Site: Improvemmt PlllQ) 0 LLA (Lot Line Adjustment)
o SIPA (SJP Amscfmeul) B BL (Blutiog P8l'lllit)
0. SNR (S~ NlIIIIll Chen.,) ROW (Right-or.Way Pc:nnit)
o Vogelation'Elloti\; (Veg. .Removal Permilll) 0 IDa> (Exc:avstIOll Pennit)
aD Land Ul'(! Pc:titiOl1 (V1lri1lll.Ctl, Conditional Use; 0 VR.SFP (Veg. Rt'IilOVlII &: Site Fm ~ermlt)
Boat Dock &t., Rczxme, l1I!! nrzone, clc.)
o Olher - Describe:
10. Project or devclopm.llIlt tUIlIl.llS proposed tOr, or alreedy sppearing in. condominium dooumellts (i ;-
Bpplil1llble; indicate whlllbllt plOpowd or existing) . __
11. PI8Il8e Check One; l!II Chealdilt is to be Faxccl Sack 0 PtrllOlllllly Picked lip
12. AJrpUeAlltN... TOCllaN'lV"lllDni. DavldBnrl SI!"';""""'"e.Ino. Phoae239.S97-~916 F~--m ~l!!.
13. Sl~on Acldn:Issing ChecIcIiBt cIoeIllOI QO\1Itilllte Project 8tIdIor Street NllIle l\I'PlOv81 mid ir subjeg:.to
tIJrlhc:riteYl1IW by the AddtesalDa Section. '
J!'OR$TAWVSE ONLY ,
Pritnill)' Numba' 3\~li; ~
Address Number 3 0
Address Numll~ 3Z. i \ I:!> '
AddreN Numb=- ~?-"'\ \., 4- .
-""-
Approved by L),...~ f'rUs.t.a. r,.,
Ds.le 9 - l;t-Ol ~
kevi_3.2I-01
l'UDZ-2005-AR-7588
PROJECT # 2004090068
DATE: 5111/2005
MICHAEL DcRUNTZ
, ,
Agenda Item No. 17D
. -_ ,-~J.r:2 2007
~cl~'~"""'
do)~
c
L
E
FROMe
Jessica Haralson
April 27, 2005
IN"CL~ING COVER:
9
PHONE NUMBER:
RHr
Landscape Florida PUD
(Evans PUD) .
o URGENT [Z]POR REVIEW. 0 PLEASE COMMENT 0 PLEASE REPLY
o PLEASE RECYCLE
NOTES/COMMENTS:
Mr. Skebc,
I have attached copies of the faxes that I have sent to you at earlier dates for the project stated above. I
sent three requests for a letter of no objection for the same project, and have not received any
correspondence from you. . .
You can fax over all of your approval letters, if you find it easier. For some reason, I am just not receivIng
them through the mail. .
If you have any questions, please give me a call at (239)597-3916.
You can fax your approval letters to (239)597-5195_
Thank you.
Jessica Harnlson
Pennitting Coordinator
PUDZ-2005-AR-7588
PROJECT # 2004090068
DATE: 5/1112005
MICHAEL DeRUNTZ
. ,
2154 Trade Center Way, Suite #3' Naples, Florida 3410.9' Phone: 2.39,597,3916' Fax: 239.597,5195
www.davldsonenglneerlng.com
ROM=US POSTAL SERV1CE
ID'2394352180
Agenda Item ~~ 170
1/2
June 12. ~ 7
F-)age 46 of 189
a UNrrEDSfJIJE
~ J'QmlLmM.:E
.
Na.ples, F134102-9998
FAX COVER SHEET
DATE:
--. .\,~ ,.
:sG~~A,L~()J
-----
, ,ORGANIZATION: OAVJlJ '0)1) AIJ{,J/Jee!(JA)t?
:fAX ~MBER: 5:'17 - S- / 9~
TO:,
Numper of Pages' (including cover sheet) ,;2-
'/
SUBJECT: w
,. 7
M:ESSAG~: w~e/2-C: o..,(2.,e:. ~A.,e. E())UJJ/?rf~ Ii-, ~)onJ >
, vR. CA~ ~\A's\ du'(\~ ?'-~ \\C\~ \cw) ~\c.n O\\~. .
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~~~'.
U~~~
, . C/i~-
SENDER NAME:
-C- J C"> l~ '
"~~JU o.
NAPLES POST OFFICE
'.
"\2OQ ~ fl.*" Helm .
Napln, P!.3oIIua..aesa
(~"""''''IO..&T'n-
FE8-03-06 18,06 FROM.US POSTAL SERVI.CE ,,', ~. , ..,- .1,?::_3~~~,~~ ;;;",." ~,g,:_n,d~=1~~ 2/2
. ..-" .....' , -" .. ,. ."....... -. . .. ~
I ' I II. I Page.47 of 9
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Agenda Item No. 170
June 12,2007
Page 48 Ofp: ~9
r-TRANSMISSION REPORT
(THU) FEB 3 2005 15: 56
Oa vi d son En 9 i nee r in Bin c,
, Acco~nt Name
DESTINATION
DEST, NUMBER
F CODE
: Davidson
: 4352160
: 4352160
DOCUMENH
TIME STOR
TIME SENT
DURATI ON
MODE
,
: FEB 315:50
: FEB 3 15:55
: EeM
PAGES : 1 sheets
RESULT : OK
FE8-03-es lS.0. ~ROH'U5 POSXAL SERVICE
lD. 2394. 35:2 t ~0
PAGE 1 /~
POSTlUSTER
r!ll.INf'fEDsmrE!
~ 1'i:i:lS12Il.SElM:F
Naples, Fl 34102-9998
FAX COVER SHEET
DATE: '
" ,~.
TO: ~~)tAL~J
-
ORGANIZATION: 04VJJ.J~)I) h)J{.JIJ03!()))t:-
fAX~ER:S:'17- S"'/9~
Number o,fPages (including cover sheet)
"?
~.:2
SUBJECT: '
w
. 7
MESSAGE: vJ~e,z.,e. ~(2.,~ tA...e.~)LiJJncrS J- ~)OfJJ .
lC.R~~~l(s\ OO'<\~ C'-~ \\~~ ffiu) \.J\\c.h O\\~'
-.. \ ",' ,,' f\....... . \
Aoenda Item No, 170
, June 12. 2007
Page 49 of 189
DAVIDSON
ENGINEERING
F
A
c
s
M
L
E
Bob Skebe
FROM:
J essic
TO,
PAX Nl.J1v1BBRl
(239)435-2160,
PHONE NUMBER:
February 7, 2005
1
COMPANY,
United States Postal Service
IN"G COVER:
RE,
Evans POO
o URGENT I&]POR REVIEW
o PLEASE COMMENT 0 PLEASE REPLY
o PLEASE RECYCLE
NOTES/COMMENTS,
I just wanted to check with you and make certain that you received the fax that I sent back to
you about the location of the buildings and parking of the Evans POO.
We are doing a POO, which is a Planned Unit Development. A PUD consists only of =ning
issues and the use of the property. When we do something like a SDP, or Site Development
Plan, then we would be able to tell you where the building/buildings and parking spaces
would be located
If you have any further questions or concerns, please give me a calL
Thank you.
Jessica Haralson
Permitting Coordinator
2154 TradeCenterWay, Suite #3' Naples, Florida 34109 ' Phone: 239.597,3916. Fax: 239.597.5195
,
www davldsonenalneerlna.com
Davidson Engineering, Ine,
1 TRANSMISSION REPORT
Agenda Item Noc170
June 12, 2007'
Paqe 50 of 189
- p, 1
(MON) FEB 7200511:27
Davidson Engineering Inc.
Account Name
DESTINATION
DEST. NUMBER
F CODE
Davidson
4352160
435216D
DOCUMENH
TIME STORED
TIME SENT
DURATION
MODE
6326619-517
fEB 711:26
FES 711:26
32sec
EeM
PAGES
RESULT
1 sheeh
OK
DAVIDSON
ENGINEeRING,
F
A C
s
M
L
E
TO>
Bob Skebe
COMP.hNf,
United State~ Postal Service
FAX NUMBER.
(239)435-2160 .
PHONE NUMllEa,
1\1;,
Evans PUD
o URGENT IXIFoP-ltevIEW 0 PLEASE COMMENT 0 PLEASE REny 0 PLI!ASE RECYCLE
NO'/'SSICOMMnNrS,
I just wanted to check wirh you and make certain that you received the fax tbx I sent back to
~ about the location of the buildings and parking of the Evans PUD.
Weare doing a PUD, which is a Plaom:d Unit Developmem. APUD consiStS only of zoning
issues and the use of the properly. 'When we do something like a SDP, or Site Development
Plan, then we would be able to tell you where the buildinglbuildings and parlcing spaces
, would ~ b:ated. I '
If you have any further questions or concerns, please give me a call.
Thankyou. .
( ,
Agenda Item No, 170
June 12. 2007
De""
DAVIDSON
ENGINEERING
LAND DEVELOPMENT. UTILITIES. PERMITTING. WATER MANAGEMENT ' FEASI~lllrY STUDIES
e e
Growth Manager
United States Postal Service
Via Fax (239) 435-2160
Re: Landscape Florida PUD
Section 13 Township 49 and Range 25
Request for Letter of No Objection
Dear Robert:
This is a request for a letter of no objection for the proposed development of medical and
professional offices and non-commercial indoor storage by occupants of the buildings. The
subject property is currently developed as a commercial landscape nursery, and is located at
12745 Livingston Road,
Could you please fax the letter of no objection to (239)597-51957 I would greatly appreciate it.
If you have any questions, please give me a calL Thank you,
Sincerely,
~icaHaralson
Permitting Coordinator
~
~D30M~~I~\'l~~lgOJ"~'VVjCCl101lP","UU""',U"""
2154 Trade Center Way, Suite #3 . Naples, Florido 34109 . Phone: 239,597.3916 . Fox: 239.597,5195
www.davidsonengineering.com
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Aaendaltem No. 170
~ June 12, 2007
Page 53 9".1~9
;. [ TRANSMISSION REPORT
(THU) FEB 3200515:17
Davidson Engineering Inc,
Account Name Da vi ds on
DESTINATION 4362160
o EST, NUMBER 4352160
FCODE
PAGES 2 sh ee t s
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FEB 3 15:16
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DAVIDSON
ENGIN"ERING
I,AND DEVeLOPMENT UTILITIES. PERMITTING. WAfER MANAGEMENI . fEASIBILITY SIUDI!,S
~,
February 3, 200S
Mr. Robert Skebe
Growth Manager
,United States Postal Service
Via Fax (239) 435-2160
Re: Landscape. Florida PUD
Section 13 Township 49 and Range 25
Reque11 for Letter of No Objection
Dear Robert: '
This is a request for a letter of no objection for the proposed development of medical and
, professional offices and non-commercial indoor storage by occupants of the buildings. The
subject property is currently developed as a commercial landscape nursery, and is located at,
12745 Livingston Road.
Could you please fax the letter of no objection to (239)597-51957 I would greatlyapprecialll it.
If you have any questions, please give me a calI. Thank you. .
(-
sica: Haralson
Permitting Coordinator
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Details
A~enja Ptl!ltNpoflP
June 12, 2007
Page 56 of 18SJ
Folio NOl~g~~~~!iti~~jMaa II
OWner Name ,1K ,. "iI~U'
Addressea 2770 EA TONWOOD LN
C"y NAPLES
If.im2DlI
Current Ownership
Property Address~ 12745 LIVINGSTON RD
State FL
Zip 34106.6629
Legal 134925 UNREC'D PAR A-2 & A-4
DESC AS:COM AT SE CNR SEC 13,
W 100.13FT TO POB, W 410.09FT,
N 2016.61FT.E 235FT.S425.36FT,
.For more than four lines of Legal Description please call the Property Appraiser's Office,
Section iownshi Ran 8 Acres Mil No, Strap No.
13 49 26 17,96 4A13 492613213.0004A13
Sub No. I 100 I ACREAGE HEADER 4.'J MiII898 Area -1lMillolm
-1J Use Code 99 NON.AGRICUL TURAL ACREAGE 104 12.B115
2004 Final Tax Roll Latest Sales History
If all Values shown below equal 0 this parcel was created after the Final Tax Roll
Land ValuB 1111.563.00 I Dote II Book ~ ~age II Amount I
(+) Improved Value $ 0,00 I 02/2000 II 2639 . 1099 II I 96,200.00 I
(=) Market Value 1111,563.00
(.) SOH Exempt Value 10,00
(=) Assessed Value 1111.663,00
H Homestead end o1her Exempt Value 10.00
1=) Taxable Value 1111,663.00
SOH '" "Save Our Homes" exempt value due to cap on "-53c5sment
mCloasos,
PUDZ-2005-AR-7588
PROJECT # 2004090068
DATE: 5/1112005
MICHAEL DeRUNTZ
lLDBlI
The Information is Updated WeeKly,
http://www.collierappraiser.com/RecordDetail.asp?F olioID=0000000258972605
4/27/2005
f
Agenda Item No. 170
June 12, 2007
Page 57 of 189
D
DAVIDSON
ENGINEERING
LAND DEVELOPMENT. UTILITIES. PERMITTING. WATER MANAGEMENT, FEASIBILITY STUDIES
April 28, 2005
Ms, Barbara Burgeson
Collier County CDES
2800 N Horseshoe Dr
Naples FL 34104
PUDZ_2005-AR-7588
PROJECT # 2004090068
DATE: 5/11/2005
MICHAEL DcRUNTZ
RE:
~t:v ,.' , ".}~'\!W'KW
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Dear Barbara,
Please allow this letter to serve as a request for an exemption to the EIS submittal requirement
for the above referenced PUD application. The subject property consists of 17,85 acres, although
only the northern 6 acres of the property is subject to the requested rezone. It is my opinion that
the exemption requested is in compliance with Section 10.02.02 of the Collier County Land
Development Code for the following reasons:
1O.02.02.A.7.c.i.
The subject property is developed with offices for a landscape nursery, The remainder of
the property is developed as a commercial (container) nursery. The entire property was
cleared for agricultural purposes prior to 1975. A copy of the aerial photograph of the
properly taken in November 1975 is enclosed for your review. The proposed PUD will not
further degrade the environmental quality of the site or the surrounding areas which
might be affected by the proposed use.
10.02.02.A.7,c.ii.
The major flora and fauna features have been altered to such an extent as to preclude the
reasonable regeneration or useful ecological purpose.
1O,02,02.A.7.c.iii.
The surface and natural drainage of the property has been previously paved and altered
and will not be further degraded as a result of the approval of the conditional use
requested.
1O,02.02.A.7.c.iv,
The proposed PUD will provide for useable open space which is currently lacking on the
subject site. The proposed PUD will further improve and correct ecological any
deficiencies that may have resulted from the previous and current development of the
property.
2154 Trade Center Way, Suite #3 ,.Naples, Florida 34109, Phone; 239.597.3916. Fox; 239.597,5195
www.davidsonengineering.com
Aaenda Item No. 170
~ June 12. 2007
080858 of 189
DAVIDSON
ENGINEERING
1O.02.02,A.7,c.v
The proposed PUD will not require any major alteration or modification of the existing
land forms, drainage, or flora and fauna elements of the property.
Please do not hesitate to contact me at (239) 597-3916 if you have any questions or require any
additional information to process this request.
Sincerely yours,
Kelly Michele Smith
Planning Coordinator
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~ June 12. 2007
Page 60 of 189
Agenda Ilem No, 170
June 12, 2007
Page 61 of 189
Aaenda lien: No. 170
~ June 12. 2007
Page 62 of 189
NAPLES
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Agenda Item No. 170
June 12, 2007
Page 63 of 189
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Agenda Item No. 170
June 12,2007
Page 64 of 189
LIVINGSTON ROAD COMMERCIAL lNFILL SUBDISTRICT
COLLIER COUNTY. FLORIDA
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NOV-25-2002 HON 11:38 AM
FAX NO.
Agenda Item No. 170
p rl~Qr112, 2007
, PllgE! 156 of 189
Department of
Environmental Protection
Soulh DlttrlCI
P.O. Box 2549
fort Mym, florlda 33902.2H9
David e. Stt.h,
Secreta')'
SUDMERGED LANDS ANI) ENVIRONl\t.lEN'l'AL RESOVRC~ PIWGRAM
UNVUWNMrm'rAJ" RllSOURCE PEUM1l'
ClJRTIFlP.D MAIL NO, 7002 0460 0001 7873 4597
RETURN RECEIPT REQU8STED
PERMITTE.:JAUTHORIZED ENTITY:
South FJOl'idn Water Management District
clo Matii'll Merkal
SOllth Florida Water Management Dlstrlot
330L Gun Club Rd
West Palm BEach Florida 33406
PcrmitlAUI~o Number:
dl-O! 80859-00 I
ale aU . oto 01' 11, 2002
Expiration Dnte of Construction Phase:
Octoher t t. 2007 '
COUllly: ColBer
Project: Widening of the C,R. 951 Cnnal
This permit Is Isslled under tho authorlty of Part N ofChnpter 373, Florida Statutes (F.S.),
nnd l'ltlo 62, Flotida Adrnin;stmtivc Code (F,A,C.), The netivlty Is not exempt from tho
requirement to obtain all Environmental Resource I'llrmi!, Pursuant to Operating Agl'ccmems
exeouted betweon the Deptlrtlllcllt and the Willer managemont dfstrlets, as ref{ll'Olleed in Chaptel' 62.
113', F.A.C., the Deparllncnt Is responsible for roviewlng and taking finnl agency nCI]on on this
activity.
This pennit also constitutes certification cumplianee with water qualily standal'ds under
Seetlon401 of the Clenn Wntel' Act, 33 tI.S,C, 1341.
The Title Ilud Land Records Section, Department of Environmental ProtectiOll, has reviowed '
tho location of the pl'eposod project AS doserlbcd in the above referenced application and hM
delcn'lllned tllnt the project, as described, docs nOI involve tho use of sovereign submerged lands.
..... ..._~. .~C.~~~!~B!rl.~f~!!!!l2!.~!M\~lj~~\,\.!.~~f.Yi!..u..~,g~g!!!.r!l!.{~~m.!~.~~\~,~~t~,1.~~~.~.h~!l\L_""....,..... . .~".._
nnvll'OnnJcnla l~esources !'I'OgrAm, ( eSlgllaleu agent to lno Boam 01 trustees or I 0 Inte1'Oal
Improvement TrUst Fund, pursuant to Chapte!' 253,77, F.S.
"MotB Proccaion, LC$~ 'I'rocrJss';
PrlnledO/) '<<1t'edp"per.
NOV-26-2002 MON 11:3B AM
FAX MO.
Agenda Item No. 170
P J}.IJ;ly.12, 2007
,P~6f of 189
l)el'mi.(.~M: Squtll Plorkln Wnlcr Mllllngclllcllt District
Pcnnlt No. 11.0180859-001
Page 2 01' 12
A copy ofth!s authorization nlso has been senl to the U.S. Anny Corps of Engineers
(USACOH) for review. The USACOE may require a sepnrate permit. Failure to obtain this
nllthorl7.ntlon prior to eonslruollon could subject yotl to enforcement netion by the USACQR. You
arc hereby advised that lI\1thorl~l\tlOlls also may be requIred by other federnl, slate and local entities.
This authol'lzntion docs not relieve you frolll the requirements 10 obtnin nil olher require(l permits
nnd authorizations. .
The above named Permittee 13 hereby 8\lthorimd 10 constmcl tho work shown Oil the
application and approved drawlng(s). plans and other doellments attached hereto or on file with the
Depnrhnunt and mnde 0 pnrt hereof. 'l'hls permit Is subjeette the limits, condltlonsl and t .19
Oone\'nl mull .18 Spcclflc Conditions, whlcllafc a bbullng pal.t of this permit. YOII are
advised to Nod and understand these drawings and e(mditions prior to commencing the authorized
l\etlviti~, al\d to CllSllte tho work Is conducted In conforlllallco with all the terms, cOllditlo1\s and
dmwlngs. If you are \ltllll!lng a contractor, the contraclor also should read and understand these
drawIngs nnti conditions prior to commenoing the allthorl7.ed activities. Failure to comply with all
drawings and COIl\lttlons shall consdt\ItQ gro\lnds for revocation ef tho pormlt and appropriato
anforcoment action. .
Opamtloll of the fncility is not nllthorl7.cd OKcept when determined to be In conformance
with all applicablo rulos and with the gcnerallllld specifio eonditloM Mtllis
pOl'lnIVcorttficntion/authol'lzallon, ns speciflonlly described bclow.
ACTIVITY DESCRIPTION:
Tho project Is (0 widen and deepen the nOl1hctlllnost two milos of tllo existing County Rond 95 J
borrow cannl. The project consists of tho following: (I) removal of nino existing cu)vel'l crossings,
(2) Installation of eight of bridgos crossings, (3) the COllstl1lction of olle new water control strucl(lro
Yo l11\1e north of tho cRnal cOllfhtonce with Ihe Oolden Oate Main Canal, ond (4) tbe Inshlllation of
approximately 6,554 eubie yards ofl'iprap. An approximate total of38,000 cubic yurds of material
is pl'Oposed to be removcd and deposited onlhc west bank of tl10 oxistlng caMI to create a berm
with 1\0 relUl'll of water to tlte cnnal. The ereated berm willltave a tninilllllm crest elovation of 15
N.O.V.D" sidll slopes 013 horizontal to 1 vortical, and a lop wIdth of IS fl. The resulting canal will
have a eOl\sistcl\t bottom width of approximately 30 ft" side slopes of2 horizontal to I vellienI, and
II bOllom clovatlon vnrying frol1\ 6.5 N,Q.V,D, to 7.4 N,O.V.D. The projeot proposes to impact ,S7
ae (25,000 sq. ft.) of wetlands Rtld other surface waters.
ACTIVITY LOCATION;. . ,
Located whhln the along the enstCrl\ side of County Rond 951 (C.lt 951), from the Intersection or
rmll10kalee Road (C.R. 846) and C,R. 951 traveling sOllth approximately 2.0 lIIiles to Vanderbilt
....._h....._.._.WiDe~~~~~.~~!.f.~~!.o.r...c:.o.~~~~r.~.~?_'?~!~~,S}~,.~~.~,~ J.'~~~!~1!1~,1t~_12.~.?.!!t!!lgll\).lle,.a~J~.~~\dJ..\1!~1 IrL..__..._._..
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NOV-25-2002 MON 11: 38 AM
FAX NO.
Agenda Item No. 170
June 12, 2007
P.P6f1~lfjJl of 189
Perll\lltoot SQulh Jllvridn Wnter M6MBcmollt Dlstdet
Pormlt Nil, 11-0180859.QOI
l'nge 3 of 12
GJ!:NF.llAL CONDITIONS:
I, All netlvltles ll\lthorized by thIs permit shnll bo Implemented ns sot forlh in tho ploll$,
specifications and performance critoda as approved by this permit. Any (Ievlatlon from the
pernl~ttecl activlly and tho conditions !'or undertakIng tlint aativity ~hllll constitute a violation of this
pcrmit and a violatioll of Part FOllr ofChijptel' 373, Florida St~tutos (F,g,),
2, This perm!t or II copy thcreof, cOlllpleto wllh all eOlltllllons, lIu6chmcnts, oxhlblts, nnd
modifications shall be kept at the work slto of the permitted activity. The complete permit shall be
6vnilable for review at the work site upon rclquest by tho Department staff. The permltteo shall
requiro tho contraclt)!' to review the comploto permit prier to commeneement ot tho lIctlvlty
aulhori2cd by this pennit.
3. Aotivitles approved by this permit shall be eonduetcd ht a manner, whioh doo$ not cnuse
vlolntions of stale wator quality standards. Tho permittee shall Implement best mnnagement
prnct[eo9 for erosion mid pellutlon control to provent violations of stato waler qunllty stnndurds.
Temporary erosion control shall be implemented prior to and during construction, nnd permnnent
contl'Olmensuros shall bo cOlllpletcd withilt sevell (7) dnys ornny eonstruct!Ollllctlvlty. Turbidity
barriers shull be installed and maintained at allloontions where the pOssibility of transferrIng
sl\spondctl solids into the receiving waterbody exists t!~IO to the pennitled work. Tmbidlty barriers
shall rcmah1 JII place at nllloenlfollS \Inltl constmotlon Is completed IIlld soils MO stablli%ed and
vegotation has been established. All prncttees shull be in aoeordanee with tho guidelines lIntl
speelfiCAtlOl\s dCR01'lb~d in Chnpler Six oftha Florida Lnl\t! Developmont Mannulj A Guido to
SOlllld Land and Wnter Mllnngoll1ent (Dcpartment of Envlronmentnl Regulatioll, 1988), lmless II
project-specific erosion and sediment control plan is approved liS part oflhe,permit. Thereaflor the
pormlttee shall be responsible for the removal of the barl'icl'$. The permittee shall comct any
erosion or shoaling thnt cnuses adverso Impacts to the water resources.
4. The permittee shall netify thc Departmont of the nnticlp~ted construction stmt date within
thirty (30) days erthc date that this permit is issued. At lellst forty.elght (48) hOllrs pl'lor to
eonllllOllcemont of tho aeHvity authorized by this Jlormit, the pcnnittco shall submit to tho
Department an "Environmental Rosotlrco Permit Construotion Commenccment" nOllee (Ponn No.
62-343.900(3), FJorJda Administrative Codo (FAC.)) indicatins tbe actual start dnte Aud expected
completion date. . .
S, When the duratloJ\ of constmction will CXCCC(! OM yenr, the pennittce shall submit
conslnlctllln stalus reports to tbe Dopartlllent onlln annual bosts utilizhlg an "AI\lIllal Stalus Report
Form" (Form No, 62-343,900(4), FAC.). Status Report Forms shall he submittcd the following ...
Juno of eacb yenr.
"....,..:.._..~,.~..._,..,~.JY.iltt~!!~t~:!:..If.~~l~>._~~l~~.~~~,.~~y.!et'~~!}I,~.!:~!lls..!r!11CI~~~I~f~~~r:.~H~.!lrCii~!tl.~~..,~._..,....".
permlhCo slla 9Uum,t a VIr Iron statcmcnt 0, comp,C[ on nnl ccr Ileal Ion uy a reg,slerc(
professional engineer or other appropriate individual ns antherlzed by law utl1lzing the supplied
"Environmental Rosourco Permit As.nulll Certification by a Registored Professional" (J1onll No.
62-343.900(5), FAC.). The Statement or completion and certification shall be based on Oil-site
,
~OV-25-2002 HON 11:39 AM
FAX NO.
Agenda Item No. 17D
June 12, 2007
PPE@W$~ of 189
l)cl'mijtec: SO,lIth Plorllln Water Manascment [)lsh'let
Permit No. 11.0180859.001
Puge 4 ofl2
observation of constrllction or review otas-bulll drawings for tho purpose of determining If tho
work wns completed in compliance with permittell plnns and spcclflcatlons. This submittal shall
sOJ:ve tOllottfy the Deparlmcntthat tho system Is ready for II1SPOOtloll. AdditIonally, if dcvlnllons
from the approved drnwhlgs arc discovered during the cerlHicatlon process. the certit1cation mtlst
be accompanied by a copy of the approved permit drawings with devlntions 1I0tO. Both tho original
and revised speolt1cations must be clearly shown. The plans must bo clearly Inboled os "as-built" or
"rocord" ,h'awing. All surveyed dimensions and elevations shall be certified by It registered
slll'vcyOI'.
7. The operation phase of this permit sho\l1101 become effective: untll the permittee has
complied with tbo requirements of comllllo1l1\umber six (6) abovo, has sllbmltted fI "Request tOI'
Transfer ofEnv[ronmollta! Resource Permit Consh'uetion Phaso tn Oporntion 'Phoso" (Form
, 62.343.900(7), 1o'.A.C.);tho Department <letermines the system to be III compliance with tbe
permitted pluns IInd spcciliciltiunsj ROll tllll ontlty approved by the DoplUtment In accordance with
Sectioll!19.0 Rnd 10,0 of tile Dasls ofReview for Environmental Resource Pcrmit Applloations
Within tho Sotllh Floridll WlIter MlInngomcntDistrlot..AIl8\lst 1995, accepts responsibility for
operation and maintenance of the system. The pemdt shall not be transferred to such approved
operntlolllll\d lIlnintenance entity until the operation phas" of tile permit becomes effective.
Following Inspection and approval of the permitted systcm by Iho Deportment, the pcnnltloo shll
initiate transfer of permit to the approved responsible operation entity if different from the
pennitleo. Until tho permit is trflllSfcrred pursuant to Sootlon G2.343.IIO(I)(d), ll.A.C., the
permittce shall be liable for eompllanco wIth the terms of the permit.
8. [~aoh plmsc or independent portion of the ponnilled system nUlst be oompleted III
accordance wlth tbe permitted plans and permit conditions prior to the inltlatioll oftbe permitted use
of site infmslruature locnlcd within tho area scrved by that porlton or phase oCtile system. Each
phase or fndependel\l pan 1011 of the system mllst by completed III accordllnce with the permitted
plans and permit conditions pdor to tmnsfer of rosponsibility for operation alld mahltollance of the
phase or pOt'tlon of the systcm to a local government or ether responsible ontity.
9. For those systems that will be Ollcrated or 1l.1llintalnod by nn entity that will requiro an
easement or deed restriction in order to enable Ihnt entity to opl.lrate or malntaln tho system In
conformance wlth this permit, such oasement or deed restriction must be reeorded in tho publio
l'<lcords llnd submUtcd to the Deparlmont al0l1g wllh any other flllnl oporatlon olld malntenonce
documents required by Sections 9.0 and 10.0 of the Bnsls of Review for EnvIronmental Resolllce
!)ennlt Applications Withill dlC South Florida Watet' Mnnngemellt Dislriet..Aullust 1995, prior to
lot or unit sales or prior to thc compll.ltlon of tho system, whichever OOOUI'S flt'sl. Other deeuments
",'. ...ooncernlng the .establlshment and autllority oftho operation ontitY.lIll1st ,bo t1lod. with the Secrotary,
ofStalc where appl'opl'inte. 1101' those systems, which IIrc proposed to be maintain~d by the eounty
or mtmicipal entities, fimll operation ami mointenance dOCtlments mllst be received by the
.-.............."-'2.~tPtI~~~~e.~:":":~:~,.T.~!!.lltfe.!\li~~~.~~.!>f.~:?~~~112,!'!~:..~r~~~!1,!rlls(.~::~~!~1g..~~~.!.~'oll~.L~~~2~~~l~l!!......~....".,-_....-
Oil y, ,'allure to sllum I 0 npprOpnllto 1m\! uOO\lmonts W rosurl m lno punm Cl.l remlun ng
lillblo for cllrrying out maintenance and operation of the permitted system and any othcr pormlt
COlltlitl0113.
NOV-25-2002 MON 11: 39 AI1
FAX NO,
Agenda Item No. 170
P JIm~, ;(2, 2007
.p~ Ii'tJ of 189
Permittee: S(luth Florldn Wnter MUllnitcmollt District
Pcnnlt No. 11.0 I &0859.00 I
Page S of 12
10. Should any other regulatory agency require changes to the permitted system, th~
permitteo shnll notify the Department in writing of the changes prlor to implementafiOJ\ so that a
determlnotion Qnn be mndc whether 1\ pomlit modifionlionls roq\t1rcd,
11. This permit doos Ilot eliminate tho neoessity to obtain any required federal, state, locol
and special district authodzatlollS prior to the start of any netlvlty approvod by this permit. This
perllllt doos 1I0t convey to tho pcnniltee or create In the pennittee any property right, or any Irltel'ost
III real proporly, llOl' docs it lllltllorl1.o allY entrunec U)JOll OJ' netivitios OIl property whioh 1$ not
owned or controlled by the permittce, or convey any rights or privileges other thQll those spccilled .
III the permit and Chapter 40E-4 01' Chapler 40E-4D, FAC.
12, Tho.pormitlc'" Is hereby advised Ihal Section 253.77, F,S. ~lutes that a porSOll mey 1101
eonlllloncc any exoavatlon, cOllslmotloll, or other netivity Involving the \lse of sovereign or other
lands of tho stale, Iho tllle to whIch Is vested III the Boarel of Trustees oflhe Internal lmprovcmont
Tntst Fund withont obtaining thl! relllllrod leMe, license, casement, or other fonn of eonsont
authorizing the proposed lise, Therefore, tho permittee is responsible fOI' obtaining any necessary
authorj~llon from the Board of Trustees prior 10 commencing activity on sovereignty lands or other
stale owncd lands.
13. 'the permittee is advised thut the rules of the South Florida Water Manugement District
rcqniro the per!nittee to oblall1 a water USe permit from tho South Floridn Wnter Mnnngomellt
District prior to construction dewatering, 11111ess the work qualifies for II general permit pUl1Il1unt 10
subseotion40E-20,302(4), II,A.C" also kllow as the "No Notice" nile.
14. Tho permittee shall hold and save the Depmtlllent hnnnless from any and all damages,
dahns, or Ilnbllltlos, whioh nmy 1Ir1~o by r~ns<>n of the constmetlon, nlleratlon, operntion,
maintonance, removal, aballdonment or use of any system authorized by this permlt.
15, AnydeUncatlon of the extent ofa wetland 01' othor surface water submitted as part of
tho permit application, Including plans or other supporting documentation, shall not be considered
binding unles~ a speolflo oondilton of lhls pCI'JIIlt 01' 1I formal determllllltion under Section
373.421(2).}1.8., provides otherwise,
16. Tho permittee shall notify the Doparlmcl\tln writing within 30 days of nny salo,
conveyance, or other tmusfer of ownership or control of l\ penniUed system or the real property on
Which the pOl'mltlcd system is located, Alltronsfers of ownership or trallsfers of a permit are
s\lbJcet to the requirements ofSecllon62.343.130, II.A.C. The permittee transfcl1'lng Ihe permit
shall remain liable for corrective actions.that may be required.as. a result of any vIolations prior to .,
the sale, conveyance 01' olhor transfer of tho system.
-'''~--''''''''I="II'lt.!,!~.YP~!lilfl'Cfi~s.?!l~~~.~~~:~~.!~!h~..~~.~,i.tl~~f.' .p'~~~~!nJ"~:!,tl~?f!,!~~~_~.ff"!.li~~"P'r.?.P.:!'._..._",_,~,,,,",~"'"w
uenl callOIl Slla ave permlSSIQn to enler,mspoc , samplQ all.. tos t 10 system 10 IISllre
eonformity with the plall9 and specifications approved by Ihe pennlt.
NOV-25-2002 MON 11:40 AM
FAX NO.
Agenda Item No. 170
June 12, 2007
P P<U\ltf'3 of 189
l'ermlllco: SOJlth Plol'idn Wutel' Management Dlstriet
PCl'mltNo. 1 \.0 I soaS9.00I
l'allo 6 of 12
18. If historical 01' archaeological artlfacts arc discovered at allY timo on tho project sUe, tho
permittee shall immodialely notifY the npproprinte Department office.
19. The pel1nltlec 5hnll immedintely notify the Dellarlment in writing of any previmlsly
submitted infommtlonthllt ialator dlscovere(lto be Inacourate.
SPECIFIC CONDI'J'lONSI
I. Water Control StruutUl'O (WCB) No. I (All elevations are NOVD):
a. wes No. 1 shnll bo n double box culvert approxhnlltoly located at Station No,
364+72.85 (project stationing), which Is npprmc.lmntely 0.25 mile north ot'llle confluonce of
CR 951 ClInal with the Golden Gato Main Canal, liS shown Oil lho permit drawings.
b. weB (double bolt cI\lvort) Invert: Z.OO Feet
e. Two IO-foot wide gatos (closod position) Top Elevation: a.50 Poct
2. Tho Oale Oporatlng SChellulo shall bo s\\eh as to malntait\ II largot walor lovel of 8.5
11col. as meosured upstream from WCS No. I. This wllter lovcl mllY .l1uctullle within an elevation
rongo from 9,0 l1eel to 8.0 Fcot, ill the dry seMO and from 8.0 Feot to 7,0 Feel, ill the wet soason.
Flexibility hI this schedule Is allowed for appro a hlng major sterm OVCJl('~,
3. Wllter COlltrol Strucluro No. I sll II be equipped with one pump wllh 1\ cnpaclty of
3,600 gpm for pumping enllal water from the do nstream side of wes No. I to the upslream sido
for the purpose ofmalntalnlll!l (reellpturlllg) a w tor level of8,S Feet In the CR 951 Callal dudog
tho dry sellson. This ptunp shall shutoffwholl t1 0 tailwntor (downstrcllm) lovol drops ro 5.0 Feol,
4. Ftltllre Wntor COlllrol Slruoture 0, 2. Which is proposed to be eOllsltlloted with, and
loOlltod at, the future Improvements 10 Vandorbi t Beach Road,ls nol authorized under this permit,
5. CR 951 CflIml shall be excavate to the seetlons olld IlIvertR aR RhoWll on Lhe permit
dmwinlls. The approximate limits of exeavatio are from Station 2+ I 0 to Station I 07+00 (projeot
stationing).
G, As presented In the permit llppli lion and supporting documenlS, the operation
entity shull be tho South Florida Water Manage lenl Dlstrlot, which has sallslled that particular
portion OfOelloral Condition No.7 oHhls perm t. Therefore, epcratl()l\ of the permitted activity
shall bo the responsibility of Ihe permittee, the outll Florida Watel' Manngement DistrIct.
7. Staked fittur cloth shall bo positioned at the edge of the permilled fill slopes where they
me looatcd adjacenl to wetlands In erder to COllt in tmbld run-off ami oroslon. This filtcr cloth shall
bo maintained Itl plaeo untlt ull side slopes arc c tl\pletely stabllizod by sod, sced or affinnatlve
.,..,~,.~_.P.~'}!l~&s.~._~~2.rS~E.~J,!!~~l~!!,~~a~!~.9.9.~2,lJl .~~9,,~,!~!!.9.~.!!!.P.o.~fJlll!~I,~!.~g.!~!S~'!~1~.?Z h<!l!'!.~._ .
01 attalmilg Ima grallo. an(l any otner lime as n cessary to prevent oros on, sl11l1\1on. one lurbld nm.
off into Waters of tile State,
NDV-25-2002 NON 11: 40 AN
FAX NO,
Agenda Item No, 170
June 12, 2007
PP100tYiI of 189
PIlrnlitteo: South Florida Wnter Manngomont Distl'ict
Permit No. 11-0180859.001
Pogo? of 12
8. All vegetation listed as exotic and nuisance vegetation on the most rocently p\lblishcd list
Olle ofh\Vllslve species by the Florida Exotic Pest Plant Council (FLEPPC), Including Brazilian
poppor ~':lchinns toroblnthlfolhls), punk Iroo (Melateltcn qulnquenorvln), l\nd AUSIl'61f1ll1 pine
(Cns\lnrlno cqulsellfoUn)shall bo eradioated from tho work arOa Conourrent with the activities
a\l!hoIi~od by this pennlt. All exotic vegetotloll 8hl\I! be cut and removed from tho wetlands \Ising
hand-hold equipment or with mcclmnical moans In a manner that will mlnimlzo Impacts to existing
wetland vegetation and not octlse flItting of wetland soils, Cut stumps shall be treated annually as
necessary to provent regrowth with Ill\ appropriulc syslemic herbicide approved by tho l)oPnl'\mollt
In IIdvanoe. All oxotio and nuisance vegetation shall bo tellloved within :30 daya of the completion
ot'lha aotivities nuthol'ized by this permit. 'fbe canal Right of Way shall bo mailllalned free from
exolic Rnd nnisancc vegetation into perpetuity.
9. FOf three (3) yenrs following complotloll ol'tho oallal expallsloll, ex()tlo remOVal And
stnbHlzntion, the pelmlttee shall inspect the rlght of way annually and provide to the Dcpnl1ment, II
monitoring report dotlliling thtl tlxolic removal as speoified In Speoifio Condition 8., Within thirw
(30) clays of completion of the project, tha !lermitteo shall hnplemellt the following Monitorlng
requirements and supply lhe following information to the Department:
. a. Wriuell notification that the exotlo rallloval hus been completed,
b. Enough color pJ\otogrnphs to ahowtho completed exotic rcmovaltakeu from fixed
referenoe p(linl~ sh\lwn 011 a plan-viow drnwing.
o. During oaeh inspeetlon, tho Jlermltteo shall l'emove nil Ilnlsflncc anll axolle vegetation
without disturbing tho other existing vegetation In thc restol'lItion 81'0a,
d. Wilhin 20 dnys allor fhe inspectioll, the permittee shall complete n monitoring report and
submit it to the Department. Tho monitoring reports shall include the following
information:
. Date of the InspectlOll,
· Color photographs tnken ftcm the same locations as shown on the plan vlcw drawing
· Description of atlY nuisance 01' exotic species removal.
e. At the cnd of the 3 years following the oxolie cleal'lug, the romnlnlng portions of tho right
of ways hal/ bo maintained free of exotic flnd nuisance vegetation. Free of exotic and
Illllsanoa vegetation Is doflned as tho rcstorntionllrea llRvlng less than 1% listed c>cotic and
nuisance species. B>cotie and nuisance vegetation Is Ilstcd in the most recent publ/shccllist
0110 of invasive species by the Florida ExotIc Pest Plant Council (FLEPPC). Intcrnet
wobslte fOf FLBPPC is hllp://www.fleppe.ol.g/Ollist.htm. Exotio and nuisoneo vogetlltloll
shall Include but not be limited to, Brnzililln Peppor (Schinus tcreQinthifllliwj). Punk tree
(Me!alellCj\ <llllnmw,tIQU/.8), Anstralian plna (CJliIJllrlruL~ui6ellfQI\O), Cattail (l)v.hnllP.!!,).
ond PI'll1ll"OSC Willow (Ludwiglo llcnlvlanl1). .
J O. All disturbed area ond side slopes created by fill or cl(Cavlltioll shall be stnbllil:ed by
_.....,_.._.._~9.9s1!!1R_~rJJg,\1!!1!}g,~l!h.!l!1.\!y.9J~~Q!!\l.mi.\1!1qJ!pJ!l!l~.llPl1lli.CJ!i,..~.!IlkUi~\!lQ!l mnR,9.o.JlQQOmp.1l8JJed..._..._,,~ ....,
within 48 hOllrs ofaUaining final gmde or as necessary to prevent orosio11, siltation, and tllrbld
dlscll!1rges in violation of Stato water quality stnndards. Wherever possible, side slopes stabillzotion
shall be attained throngh the planting of tho Sparlina patCIIS. Riprap, saml cement bags, ond
NOV-25-2002 NON 11:41 AM
FAX NO.
Agenda Item No. 170
June 12, 2007
p,PtJ%'7rr of 189
PUI'IIli.ltee: SQutll Florida Wntcr Manaijolllellt District
1'01'11111 No. 11-0 I 80859-00 I
Pago 8 ofl2
Interlocking, articulating blocks may only be used on temporary basis to immediatoly stabilizo
slopes,
11. Prior tQ tho Initiation ohny Wllrk IIlltltorlzed by this permit, f1anling turbidity screens
with welllhto<1 skirts tllnt oxtend to within Ill. of ths bOltom sball be placed around thl! activo
dredging site. The screen shaH form It perimetor around tho dredging equipment with a maximum
radius of200 ft. Tho screens shall be maintained am! shall remain in place for tho duration of the
conslruellonlo ensuro that turbidity lovels outsido tho eonsb'\Ietloll area so not exceed 29 NTUs
abovo background levels. The permittee shall be respol\slble for ensllrlng that turbidity control
devices MO inspeoted daily and maintained in good working order so that there are 110 violation of
stllte wllter quality standards. Turbidity shall be menitored as described in tho monitoring portion of
this permit.
12, 1110 following measures shall be taken by the permittee whonever turbidity levels within
waters of the State surrounding the project site; exceed StatQ water qusllty standards established
pursuant to Ride 62.302.1'AC.:
a. Immodiately cease all work coatriblltlng to the water quality violation.
b. Stnblllzo all exposed soils contributing to the violation, modily the work procodnres
that were respollsible for the violation, and install more turbidity containment devices and repair
any non-fullctionlng tlll'bi<lily eontahm\cnt devices.
o. Notify the Department's South Distriet SI,ERP Section, nt (239) 332-6975 and the
within 24 Ius. of the time rho violation is first detected.
13. l1,xeavatcd caual side slopes shall bo 110 steeper that tllc 2: I (horizontal: vertical). Canal
side slopes and berms shall be stabIHzed to control erosIon as specified abovo.
14. 'fho permllteo shall be responsible for Iho correction of any erosion, shoatln!!, or water
qllallty problems that resullll:om tho construction or operation of the permitted activity. All
dredged llInterlllls sholl be contnlncd in such a mauMr as to uvold tmbld discharge Into walm oftllo
state. The Department reservos tho right to relluit'o that additional water quallty treatment methods
be incorpornted into the permitted activity if stich IllCM\lfOS afC shown to be Ilooossnry,
15. The permittee shall supply overy contractor and subsequent contractor with R copy of
this permit and it shall bo tho t'osponslbllity of tho pel'll1lttee to ensure that eaoh is mndo aware of the
gelleral and specific conditiol1s of this permit. A copy of tho permit shall be kept In the possessions
of olleh contl1letor ft!1<18\11)-C\)utraolor at the sile <lllring all construction homs.
16. If the permittee determines at any time that the project will best be conducted 1l1rough
the IlliUzntiol\ of dewatol'lng teolllllques, the permittee sholl submit to the Department's Soutll
District sump Scotlon, 45 days prior to commencement of construotion, a letter rcquest[ng II
,,^ ....___".....!~~~~,!?~!.!?2,~~I,!lC[i~~~!r.~~I~IPl~!,\.~lstab.,!!~,~i.~.IHh~.lll!~~-~~~~~!~!~..~~)!lbl,J.~~,~.?~p.,~~~~~,..".....[......-..-..-'............'.
cOllstmeHolI mol IOU8, .uTe II Iy 01\\ erOSlon contro pra.esnllOlls, SISol 7.a11011 plan, anullny ot lor
lnforlll~tlon pertinent to Ihe project sIlO,
NOV-25-2002 NON Il: 41 AN
FAX NO.
Agenda Item No. 170
June 12, 2007
p;'aR'l'/f 1 of 189
Pcrmlttoe: 8\'\11111 Florida Wate!' MAnagement Di~ltiot
PCI'lI.!! No.1 (.(} 1808S9.(}O 1
Page 9l)f 12
MONITORING REQUIREDl
17. During all dredging operntlons within tho C.R. 951 Cannl, the permIttee shnll monitor
turbidity lovels within 5 feel outsldo t}ftho netivo work atOll onco ovory fOllr hours IIlltll pl'Oject
ct}mplotion. Tho aotive work area shnll bo that area enclosed within the floating turbidity screens.
Ambient snmples shnll be taken up ellrrent at mld.deplb and al no limo shall the ambient sample be
laken within ntl npPllruullurbidlly plume. P1'lGI' to nuy dl'edghllJ flllcl'ntiollS RIlll within 60 clnys
of permit IS8lIRII~e, the l)ormitte~ shnllslllllnll to t11~ DepIII'lment a mnp Jndl~nl1l1g the
nmbient sampling locations wilh RIl pflsslble sources Ibnt Illny gonorRle turbidity,l.e. storm
wQfcr olllfulls, etc. AU monitoring dala shol! bo submitted doily until tha dredging eomplalion and
contain tho following informntion: '
n) . permit number,
b) dates of sllmpling and nnalysls,
c) n stalement describing tbelllethods lIscd in collection, handling, storago, and analysis
ofllla samples,
d) a roup Indicating tho sarop/lng locations, and
a) Ilslalement by the individual responsible for implementation oflhe srunpllng
program concel1llug the lIU1henticfty, precision, limits of delection and accuracy of
the datil,
Monitorlng reports shalllllso include the following information for oach sample taken:
n) Timo of day sample wns tnken,
b) Dopth ofwntor body,
e) Deplh of samplo,
d) Antecedent wcnther con(litlons, and
e) Velocity of water flow.
Iflllonitorlng roveals turbidity levels at tho eomplltllleo locntloll thaI appear to violate IllC State
Water quality standard for Ilmbient monitoring (29 NTUs above th" upstream background levels),
construction notlvltios shall oease illlllledlnlcly nnd not resume until eOl'l'eotlve mensuros hnve been
!lIken and tlll'bidlty has returned 10 acceptable levels. Any such OCCurrence shnll also 00 immediately
reported \0 tho Departmont's Soutll District office, SLURP Compliance and Enforcement Section In
florl Myers, Monitoring report.! shnll bc submitted to the DoparhllOllt's South Distdet office,
SLBRP Compliance and Enforcemcnt Section, at P.O. DOK 2549, Fori Mycl's, FL 33902-2549 or by
fnx.lllllchiuu at (941) 332.6%9.
WATER QUALITY:
1 S, The project shnll comply with applicable Stale WaleI' Quality Standards, namely:
62.302.500. Minimum Criteria for All Waters at All Times and All Places
."'" -.'''''.~-'- '-.-(';2;3U2~mr:'Slirfiice'Wjltors:'-OcneiiirCrnQiili."'"--'''''''-..~. '_'w' .-...'"'".......... w.". __'''''''_,' _'_''''_'__''
62.302.560. Criteria.. Class III Waters.. Recrealion, Propagation and Mnnngement ofFish
Rl1d Wildlife: Surfaco Waters,
NOV-25-2002 MON 11:42 AM
FAX NO.
Agenda Item No. 170
June 12, 2007
p;'apf'/IS of 189
l'erl11lltOe: SQuth Florldn Wntcl' M(\l1tlg\llllunt District
l'ermiINo.II-0180859-001
I'ago 10 of 12
RWU'l'S OF AFFECTED PARTIES
This permit is hereby gmnted, This action Is final and effectivo on the date flied with the
Clerk of tho Dapartment unless f\ sufficient pelitlon for till administrative hearing is timely filed
under Sections 120.56911lld 120,51 of the Illorlda Stlltutos as provided below. If a sufficient
petition for an administrative llearlng Is timely fll~'ll. this action automatically becomes only
proposed agoney netion on tho appllcallon, subject to the result of the admlnlstrativQ rovlQw process.
Therefore. 01\ Iho flllng of II timely and snffleient petitIon. this oetioll will not bo /1nol and effective
\mtll ftlrtllOr order ofllle Deparlment. Because an administrative hearing may rosn1t in the reversal
or substantial modification of tllis notion, the applicant Is advised not to comlMnCD oonstructlon or
other activities until the deadlines notcll below for !lUng a petition for an administrative he~rlng or
request tor nil extension oflhne have expired.
Mmlintion is nol available.
A person whoso substantial interests arc nffected by the Dopartment's aotion may petition
lor nn ndmlnistrnlive proceeding (heurlng) under Sections 120.569nnd 120.57 oHhe J1lorida
StaMes, The petltlon mllst eontoin the infol'll\otloll sel forth bolow nnd 11\\lst be filod (received by
the clerk) in the Office of General COllnsel of the Dopal1ment III 3900 Commonwealth DOlllevard.
Mall Stntlon 35, 'l'nllahnsseo. Florida 32399-3000.
Under Rule 62-110,106(4) ofthe Florida Admlnistmtivo Code, A person whose substantial
intereSts ore affected by the J)epnrllllCnt's MHon lllay 0150 request 011 OlCtQIlSioll of time to Jilo a
pelition for all admlnl.'ltrnllvc hearIng. The Department may, for good causo shown, grolltthe
tcquasl for nn extonsion of time, Reqllesls for extension ot" t[mo must be f1ted with the Omee of
Oenoral Counsel ofthc Dcpmilnent at 3900 Commonwenlth Boulevard. Moil Station 35,
Tallahassee. Florida 32399-3000. hefOlo the applicable deadline. A timely request for extension of
time sholl toU tho running of the tllllol1criod for Ollng a petition until tho requcst Is noted upon,
If a t\moly'nnd sufficient petition for an admlnlstl'l\tive heoring is flied, other persons whose
sllbstalltlal intorosts will be affected by tho O\lteOI1\O of Ihe o<lmlnislrilllvo proooss have the right to
petition 10 intervene in the proceeding. Intervenllon will be pllnn\llod only at the discl'etiOll of tho
presiding officer UpOlI tllO filing ofll !Unllon in eomplianeo with R\lle 28-106.205 of tho Florida
Admlnistl'lltlve Codo.
In nccol1lunce with Rules 28-106.111(2) llI1d 62-110.106(3)(n)(4), petitions for an
,,_.~_.~n.I~lpls~~I~~~.~~,~~l~:!~Lt'~~~!W'~~~!'~\lil~!,~~filll!.~~,~~!!!l~_~1"~la1.~2.~~:~Pl,?fllhl'~'~~!~~?~!~~~'w_,".-...
I'et bons II ell oy !IllY persollS otner tnan t \0 app onnt. !lnu otllor non tnOSO enllt e< In wflltellnohce
nnder Section 120.60(3) of the Florida Statutes, mual be filed within21days of receipt ofthe written
llntleO, whichovOl'oCelitS first, Umlar Sectjoll 120.60(3) el'thc Florida Statntes, hnwover, any
NOV-25-2002 nON 11:42 AM
FAX NO.
Agenda Item No. 17D
June 12, 2007
P.P1~11:f of 189
I'cl'mlLlcc: SOllth fll(lrltln WAter Mnnngoll1cllt r>istrlct
Pcrm/tNo, 11.0180859-001 .
('ng. II ot' 12
person who has asked tho Department for Ilotloo of agency action may file II petition Wilh!n 21 days
of receipt of stich 1l011eo, regardless of thll dnte of publientlon,
The polltioller shallmnlI n copy of the potltion to the npplleant at the acldross indicAted
abovo lit tho timor of tlling, The failure of allY porson to JUe II potlUon for an administrative hearIng
within the I1ppropliatc lime period shall constitute n waiver oflhat persoll's right 10 reqllcstan
lIchninistmtive determinAtion (hearing) uncleI' Sections 120.569 and 120,57 of the FlOrida Statutes.
A petitloR that disputes the materinl facts on which the Department's action Is based must
conlaht the following intbrlllnUon:
(a) The nm110 find address of eneh agouey And each agency's file or identlflcatlon
llllm\1er, if kll0Wtll
(\1) The nnme, nddress alld telephone 1l11l11\1er of the petftioner; the name, address uml
telephone number of tho potltloner's represonlntivo, if any, which shall be thG address for service
pllrposes during the course of the proceeding; nl1d an explanation of how the petitioner's subs~~nllnl
Interests .re or will \10 affceted by tho agency determinatlen;
(c) A statoment orwhell mul bow Ibe pctilionor received notice of the agenoy
decision;
(d) A stntemonlofnll dl~pllted issnes of materia! fnct. Ifthere arc none, the petition
must SO Indicate: .
(e) A concise statement /,If the ultimate facts alleged, including Ihe speelf1c fuels that
the l,cLlliouor coutel1ds wartant roversal or modification of tho ngenoy's proposed aotiol1;
(t) A statement of Ihe specific Rulo~ or Statutos that thc petitioner contends require
reversal or modi fif-alion of tho agency's proposed aCllon; and
(g) A slatemont of the rellof sOIISh! by the petitioner, Slating precIsely the aellollthat
the pellllonor wishos tho agency to take wlth respect to Ihe ageney's proposed nCllon,
^ petlt!ol1lhat docs not dlsputo the materia! fllots on which tho Deportment's l\Ctlonls based
shnll state lhatno snch facts arc ill dispute and otherwise shall contain tho salllo information as SGt
forth above, as required by RuIn 28-106.301.
Under Sections 120,569(2)(0) and (d) of tho Flol'lda Statutes, n petition for administrativo
hearing lllust be dismissed by the agonoy trlho Jletltlon doos n<>t substanthllly comply with the
above requirements or is untimely filed.
This permit constitutes an order of tho Department. Subject to the provisions of pamgraph
120.68(7)(a) of the Florida Statutes, which Illay require R remand for an administrative hearing, the
applicant has the right to seck judicial review of the order undnr SectJonl20,6g of tho 1110rlda
Statules, by the filiug ofa notice ofappealllllder Rule 9,110 of the FloriUu Rules of Appellate
..... .__..~~.!~{9.~!!'J!.>>,jlll!l.l1g~1_~.!l.f,Ill.9_D.~P!l!J.m~lltj)'}.tl19,.Q.ml(~.9.f.g9,\t~r!!.!,~9Jm.!!~.!,,~~.9,q~GP..mmImWJllIIL.._~,._....
Boulevard, Mall Station 3S, Tallahassee, Plorida 32399-3000; and by flUng n copy of tho notlee of
appeal accompanied by tho applicable tiling fees with the nppr<>priate district court of appeal. The
noticn ofnpllealll1l1BI be filed within 30 days from the date whcn the order is fled wilh Iho Clork of
tho Department. The opplicant, or any patty within the moaning ofSection373.114(l)(a) or
NOV-25-2002 KON 11:43 AK
FA~ NO.
Agenda Item No. 17D
June 12, 2007
p;'al@/Hl of 189
JlormlttQo: SOlllb 1110rltln WnW Mallllgemonl fJl~triot
PormilN(),II-OI808S9.nlll
Page \2 ()f12
373.4275 of the Florida Statutes, may IIlso seck appellate review of'lbe order beforo tho Lllnd and
Water Acijudicatory Cllmmission under Seelion 373.114(1) or 373.4275 of the Florido.Stntutes.
Requests fOT rovlew beforo th~ Land 61\d Water Adj\ldlcntory C()mmlsslon I1mst bo filed with the
Secretary of the Commission and served on the Departmcnt within 20 days from the date whon the
ordor is mocl with the Clerk of the Department.
Executed in Fort Myers, Floridn
Sl'ATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PRO'fECTION
~ J.f---
I
R.WCILA[lIMRMlpa
Bnolo,ul'09
4 pago9 altaehed
\3 drawl1l6s aunched
CopIes I\lfIllshed 10:
U.S. Anny Corps oflJnglneers, Fort Myors
FlorldaPlsh nnd WlIdllfb COllsorv"llon COlllmlsslon
Colllor County P~oporty Appraiser
CJlR3'j!lICA TIlQ.~.S.l1.l?YlC..!!
'n'0 undersigned duly designatcd deputy c1oprl~~J;8'erllJi.9 that (lIis permit, Incllldlng all eopl09
wero m~lIod hefore Iho oloso Ot'bUlllloss o1(,.Lq.:~-".... 2002, to tho above listed porson!.
PILING AND ACKNOWLBDGMflNT
F1LllD, onlhls dale, pursnant 10 SOC\IOll 120.52(9),
1',8" with tho deslgnsted Depsrtment elork,
receipt ot'wlllcll Is hereby nokllowledged.
ft~%~>>() ..&":/~-i?2
Clerk Onto
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NOV-25-2002 MON 11:49 AM
FAX NO.
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June 12, 2007
P PaljIlr4l of 189
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NOV-25-2002 MON 11:53 AM
FAX NO.
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June 12, 2007
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Agenda Item No. 170
, PUDz,,200S.AR-S379June 12lUlJ0;;' 2
, . 2004090060Page 91 of 189
Project, DUE: 10/4/06
Dale: 9/1/06
ENVIRONMENTAL IMPACT STATEMENT
COLLIER BOULEVARD PARCEL
COLLIER COUNTY, FLORIDA
January 2005
(Revised July 2006)
For
Home Dynamics, Corp.
4788 West Commercial Blvd,
Tamarac, FL 33319
ENVIRONMENTAL SERVICES, INC.
1410 Park Lanc South, Suite 1
Jupitcr, Florida 33458
561-743-5141
EP0414l
Agenda Item No. 170
June 12, 2007
Page 92 of 189
TABLE OF CONTENTS
I. INTRODUCTION ,.... ,.,..,...,...."...,.,....,...."."...,.,.,.....",......,....."....,....""""""'''''''''''''' 1
II. METHODS ,.., ..,...." ........,..,...., '" "'" ..,." ....,'......'",..,.... ,,' .", """"""'"'''' ',..,..,..,'....,.,...., I
III. RESULTS.,....., ,....,'.... '....,...,..,... ..........,.. ,.. .........,.... '...." ....., ,.........", """ ,...,'.." ..,... '...., 3
A. Soils, ,..... """""" ......."....".. .............,.,..,.....,....,....,.....,..... ......, ......,.,. ,...., ...,..,..,.. 3
B. Vegetative Communities., ...... '..'....',...., ......, ........, ....... ........"".....,........... ,........,5
C. Listed Species ..........".....,...", '..".,..."....,........,..,. ,..,.........,..... ,...."...,....."....,..,..5
D, Wetlands ..'..",..,....,........... ....,'..." .....,........", ..., ,.."...",. ....,....., ,....",..,..,......."....7
E. Soils and Ground Water Testing......,..........................,...................................,..,7
F. Cultural Resources, ....,.....,..,.., ,...,",.."...,...."......,.,.."..."..,....",...." ,..,....".....,.... 7
IV. RECOMMENDA nONS '''''''''''''' ,....,.,.., ......"........ ",.......,...... ",.."....,..,..,.,..,....,..........8
A. Vegetative Communities..", ,.."....,..,..." ........"....,..".....,...."..,.......,....""."",..,...8
B, Listed Species ...., ". '"'''''''''''''' .." .,....,..",......" ,...."".,.......",..,.....,..,..", ....".....,.. 8
C. Wetlands ".... ..,..".....,., """"'" "'" "",..,",..".."..,....",..."....",..",...."...,.....,....." 12
D, Soil and Ground Water Testing .......,....,.....................,...........................,........, 12
REFERENCES ..", .......,'.." ..,"""...."......,.., ...,."...., ..,..,..,....,..""....",..",...."...",.,.. ..""..,."..,..,13
LIST OF FIGURES
Figure 1
l;igure 2
Figure 3
Figure 4
Figure 5
Figure 6
Site Location Map ,... ,..,.,.. '.., ..""...."......, ",....,., "".... .,..,... ,.. ,'....",...,..", ,.."",..",2
Soil Map....,...",...."........"....,....,....". ,....""",'...,.." '"''''..''''''''''''''''''' ,......., ..,.....4
Vegetative Communities Map .......,....,...".......,.......,......."..,....,.......,..,..,...........6
1993 Aelial"....,..,.,..."."" ...,.,....,...."........,.... "'"'''''''''''''''''''''''' ,.,."...."......".....9
1996 Aeria!.,...., .,..".. ,'.... "'.."..",..,..,.."...., "'''''''''''''' ,....." ...."....,....,......"..".... 10
2002 Aeria!., ..""...,'.." ....",..,..................,."...,......" ..."..""...... """'" ..,..,. ...".....11
LIST OF ATTACHMENTS
Attaclunent I Professional Credentials
Attachment 2 Ageney Correspondence
Attachment 3 Phase II EnvirOlIDlental Site Assessment
Attachment 4 Photographs
Attachment 5 Water Management Report
Attaclunent 6 Preserve Area Cross Section
Ii
Agenda Item No. 17D
June 12, 2007
Page 93 of 189
ENVlRONMENTALIMPACTSTATEMENT
COLLIER BOULEV ARD PARCEL
COLLIER COUNTY, FLORIDA
I. INTRODUCTION
Environmental Services, Inc., (ESI) conducted an environmental assessment of the 3D-acre
parcel on 17 September 2004 (See Attachment I for Professional Credentials). The parcel is
comprised oflow density residential and tree nurseries, and is located in Section 35, Township
48 South, Range 26 East, Collier County, Florida (Figw'e I). The parcel is bound on the north by
residential apartment buildings and undeveloped land, on the south by undeveloped land, on the
east by residential apartment buildings, and on the west by Collier Boulevard.
II. METHODS
Prior to the site visit, the D,S, Geological Survey 7.5-minute Topographic Map, Belle Meade
QuadJ:angle (Photorevised 1983) and the Soil Survey of Collier County Area, Florida, (U.S.
Department of Agriculture 1998) were reviewed to determine topographic features and site soil
mapping units. The 2002 Collier County 1" = 200' scale aerial photograph of the parcel were
obtained and reviewed to detennine locations of potential environmental features.
A pedestrian survey of the parcel was conducted to map approximate locations and boundaries of
significant enviromnental resources, vegetative communities, exotic vegetation, wetland areas,
surface waters, presence of listed plant or animal species, and vegetative communities which
would require protection or identification under local rules and regulations.
The Guide to the Natural Communities of Florida (Florida Natural Areas Inventory 1990)
provides classification of natural communities of Florida and was used in this investigation,
Approximate location of vegetative community cover type boundaries and other features of the
site were mapped on 1999 Florida Depal1ment of Enviromnental Protection (DEP) l1-ue-color
aerial photographs for enhanced viewing. Vegetative communities were identified in accordance
with Florida Land Use Cover and Forms Classifications Systems Handbook (Florida Depaliment
of Transportation 1999) (FLUCFCS),
Wetland protection is mandated under both federal and state regulations. The U.S, Army Corps
of Engineers (CE) regulates activities in Waters of the United States pursuant to the Clean Water
Act (PL92-500 Section 404) as further defmed in the CE regulatory program (33 CFR 320-330).
DEP has established wetland idcntification and pernlitting processes at Chapter 62-330, 62-340,
and 62-312 of the Florida Administrative Code (FAC). Current federal alld state wetland
definitions are delived from the original definition found in 33 CFR 328.3, identifying wetlands
as "those areas that aI'e inundated, or saturated by surface or ground water at a frequency and
duration sufficient to support, a prevalence of vegetation typically adapted to life in saturated soil
conditions" .
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Agenda Item No. 17D
June 12, 2007
Page 95 of 189
Delineation of federally regulated jurisdictional wetlands is determined by the Corps of
Engineers Wetlands Delineation Manual (USAE Waterways Experiment Station Environmental
Laboratory 1987), Delineation of wetlands regulated by DEP and South Florida Water
Management District (SFWMD) is done according to Chapter 62-340 F AC, Delineation of the
Landward Extent of Wetlands and Surface Waters. The Florida Wetlands Delineation Manual
(Gilbe!t et al. 1995) serves as a guide to Chapter 62.340, Both manuals, which emphasize the
identification of hydric soils, hydrophytic vegetation, and wetland hydrologic conditions in
making wetland determinations, were used in this investigation.
Listed species of plants and wildlife are found in Florida's Endangered Species, Threatened
Species and Species of Special Concern, Official Lists (Florida Fish and Wildlife Conservation
Commission 2004) and Preservation of Native Flora of Florida, Chapter 5B-40.0055 (Florida
Department of Agriculture and Consumer Services, Division of Plant Industry, April 2004. Any
OCCUlTences of listed species were recorded, A series of pedestrian transects were conducted
across the property to determine the presence of any listed species.
III. RESULTS
A. Soils
Soils within the parcel are mapped as Holopaw fine sand, limestone substratum; Oldsmar
fine sand, limestone substratum; and Pineda fine sand, limestone substratum (Figure 2).
The natural soils have been considerably altered because the entire site has been cleared
and used for residential and agricultural purposes,
I. Holopaw fine sand. limestone substratum (2), Holopaw fine sand,
limestone substratum, is a nearly level, poorly drained soil found in sloughs and
poorly defined drainageways, Under natural conditions, the seasonal high water
table is within a depth of 12 inches for three to six months during most years.
During the other months, the water table is below a depth of 12 inches and it
recedes to a depth of more than 40 inches during extended dry periods, Typical
natural vegetation for this soil is slash pine (Pinus elliottii), wax myrtle (Myrica
cerifera), chalky bluestem (Andropogon virginicus), maidencane (Panicum
hemitomon), and gulfmuhly (Muhlenbergia sp,),
2. Oldsmar fine sand. limestone substratum (10). Oldsmar fine sand,
limestone substratum, is a nearly level, poorly drained soil found on flatwoods.
Under natural conditions, the seasonal high water table is between a depth of six
to 18 inches for one to six months during most years, During the other months,
the wate!' table is below a depth of 18 inches and it recedes to a depth of more
than 40 inches during extended dry periods, Typical natural vegetation for this
soil is slash pine, wax myrtle, saw palmetto (Serenoa repens), and chalky
bluestem.
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Soils Map
Collier Boulevard Parcel
Collier County, Florida
Agenda Item No. 170
June 12, 2007
Page 97 of 189
3, Pineda fine sand, limestone substratum (14), Pineda fine sand, limestone
substratum, is a nearly level, poorly drained soil found in sloughs and poorly
defined drainageways. Under natural conditions, the seasonal high water table is
within a depth of 12 inches for tru'ee to six months during most years. During the
other months, the water table is below a depth of 12 inches and it recedes to a
depth of more than 40 inches during extended dry periods. Typical natural
vegetation for this soil is slash pine, wax m)'li1e, chalky bluestem, maidencane,
and gulfmuhly.
B. Vegetative Communities
Vegetative communities within the parcel were mapped using FLUCFCS (Figure 3), The
vegetative communities comprise a mixture of non-native exotic hardwoods and
herbaceous species.
The vegetative communities are described as follows:
1. Residential. Low Densitv (FLUCFCS 110). The residential, low density
area occupies 10.0 acres of the site. There is one single-family home on the al'ea.
This area occurs on the northern section of the property and contains slash pine,
laurel oak (Quercus laurifolia), beggar ticks (Bidens sp,), Caesar weed (Umna
lobata), cabbage palm (Sabal Palmetto), and Brazilian pepper (Schinus
terebinthifolius). There is no native vegetative community left intact with
canopy, subcanopy and ground cover.
2. Tree Nurseries (FLUCFCS 241). The tree nurseries cover type occupies
20,0 acres of the site. This cover type occurs on the southern portion of the
propeliy, Native vegetation is sparsely scattered throughout and includes slash
pine, cabbage palm, and bald cypress (Taxodium dislichum). There is no native
vegetative cOlrnmmity left intact with canopy, subcanopy and ground cover.
C. Listed Species
No animals listed as protected by federal, state, or local environmental regulatory
agencies, nor any signs of such animals, were observed within the parcel. Field review of
the parcel identified two species of non-listed wildlife, the Northern mockingbird (Mimus
polyglottos) and gray squinel (Sciurus carolinensis).
No plant species regulated by Florida Department of Agticulture and Consumer Services
(FDACS) as Threatened or Endangered were observed within the project boundary.
A list of listed species known to occur in Collier County is included as Attachment 2.
FFWCC and the V,S, Fish and Wildlife Service (USFWS) were contacted regarding
records of potential listed species occurrence in the area of the project site, According to
FFWCC, the project area is located within a Florida panther strategic habitat conservation
5
,~_6g!'m.9a Item No. 17D
! June 12, 2007
[Page 98 of 189
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Agenda Item No. 170
June 12, 2007
Page 99 of 189
area. A response has not yet been received from USFWS. See Attachment 2 for FFWCC
correspondence,
D. Wetlands
No jurisdictional wetlands were identified on the property,
E. Soil and Ground Water Testing
Because the property has been used for agricultural purposes, Collier County requires
that soil and groundwater testing be done to assure there is no contamination onsite. A
Phase II Enviromnental Site Assessment of the soils and groundwater was conducted by
Dynatech Engineering Corporation in November of 2004. The results of the Phase II
Environmental Site Assessment are summarized below and are included in Attachment 3,
One soil boring was performed down to an average depth of six feet below the existing
ground surface. All soil borings were performed according to ASTM D-1586. Soil
sanlples were collected during the soil borings operations, split and placed in 16-ounce
glass jars, half full and covered with aluminum foil. The head space in the jars was
allowed to be stabilized between 20 C and 32 C and readings were obtained five minutes
thereafter using an organic vapor analyzer O.V.A.lF.I.D, O,V,S, Test results were found
in compliance with state and county standards,
One temporary monitoring well was installed. Development of the well was perfonned
until clear ground water was evident. Ground water samples were secured pursuant to
purging the well a minimum of five volumes. The well was then sampled for
Environmental Protection Agency (EPA) method 602, 610. 608 and the Resource
Conservation and Recovery Act (RCRA) metals, as well as temperature, ph, and
conductivity.
Secured groundwater samples were packed on ice and transpOlied to STL Environmental
Laboratories for analysis, All test resu1\s were found below the natural attenuation
Default source 10 ug/l, therefore, no mediation is required,
F. Cultural Resources
The Florida Department of State Division of Historical Resources (SHPO) was contacted
regarding the potential of any historical or cultural resources occuring in the project
vicinity. SHPO was also contacted to request a determination of the need for a cultural
resource assessment. According to SHPO, no cultural resources are know to exist in the
area of potential effect, therefore no cultural resources will be affected by this project.
See Attachment 2 for SHPO con'Cspondence,
7
Agenda Item No. 170
June 12, 2007
Page 100 of 189
IV. RECOMMENDATIONS
A. Vegetative Communities
The site currently has very little existing native vegetation due to past disturbances,
According to 3.9.5.4(C) of the Collier County Land Development Code, for sites cleared
prior to January 2003, Collier County requires documentation that the parcel is in
compliance with the 10 year rezone limitation previously identified in the Growth
Management Plan and Land Development Code. Aerials show that the site had been
cleared and used as agriculture since at least 1993 (Figures 4 through 6).
Environmental Services reviewed the county land alteration pelmits that were previously
issued for Doria's Landscaping. In November 1987, an agricultural clea1'ing pennit was
issued f01' the two southern parcels. Howeve1', as shown on the agricultural pelmit site
plan, three preserve areas were to 1'cmain in place. These p1'eserve a1'eas have been
cleared without a permit in the rccent past. Collier County will require 100 percent of the
impacted preserve areas to be re-created on the property. Based on the site plan for
Doria's Landscaping, this amounts to approximately 3.3 acres.
In addition, the northern parcel was also cleared without a permit. We have tabulated the
aC1'eage of native habitat on place in the 1975 aerials to calculate the required preserve
requirements. The acreage amounts to approximately 3,2 acres, Collier County will
require that at least 25 percent (approximately 0.85 acre) of this area be re-created as a
preserve area. In summary, a total of approximately 4.15 acres of preserve is required to
be recreated. A total of 4.15 acres of native habitat will be recreated and will be
connected with the Bucks RUIl prescrve area, located on the parcel to the south,
Vegetation used for the native habitat recreation will vary depending on habitat type
cmated. Within the upland rec1'eation areas, typical vegetation may include slash pine
(Pinus elliottii), cabbage palm (Sabal palmetto), saw palmetto (Serenoa repens), beauty
berry (Callicarpa americana), and wild coffee (Psychotria nen'osa). Within the forested
wetland recreation areas, typical vegetation may include bald cypress (Taxodium
distichum), swcet bay (Magnolia virginiana). pond apple (Annona glabra), leather fem
(Acro.l'tichum spp,), and royal fcrn (Osll1unda regalis).
B. Listed Species
No listed plant species regulated by FDACS as Threatened or Endange1'ed were observed
on the propelty,
No listed animal species were identified on the propelty. A letter from FFWCC stated
that the project area is located within a Florida panther strategic habitat conselvation area,
Because of the development surrounding the project site and the condition of the habitat
located on the project site, it is not likely that this species utilizes the site or will be
affected by the proposed proj ecl.
8
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...._."._._._----_.~,,_...__.__._------_._-------_._.- .-.-.-..---- -----...--------'"....--..-.---....-.-...-.-.-.--.---.--...-..
Agenda Item No. 170
j June 12, 2007
~age 101 of 189
!
~
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____.__L\genda Item No. 170
June 12, 2007
Page 102 of 189
,
,
~ '-NVIRONM"NT.!.
!.@ti SERVICES, INC.
1996 Aerial Map
Collier Boulevard Parcel
Collier County, Florida
" -----
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.___n__I'I.lli'l!da Item No. 170
: June 12, 2007
iPage 103 of 189
2002 Aerial Map
Collier Boulevard Parcel
Collier County, FlorIda
!: ~.igure:
,__~~je'?t
:c-.:::; :;-,,;;.::::c_:::::, ~I
_ ___ G!j
EP04141 '
1 f:'~'~~~'=:::::O~-==":"'~=--';:=!i-=:':;"='=----- -.....:-=~~~:::::::::-..,-:.::::-.-~::...~;
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ii ,-" SERVICES, INC, i'L
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.--.--...-.---..----..
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Agenda Item No. 170
June 12, 2007
Page 104 of 189
C. Wetlands
No wetlands considered jurisdictional by SFWMD or CE were observed on the property.
D. Soil and Gronnd Water Testing
Based on the physical site assessment and analytical laboratory results, soil test results
were found in compliance with state and county standards. In addition, all test results for
ground water contamination were found below the natural attenuation default source 10
ug/l, therefore. no mediation is required,
12
T
Agenda Item No, 170
June 12, 2007
Page 105 of 189
REFERENCES
Florida Department of Agriculture and Consumer Services, Division of Plant Industry. April
2004. Preservation of Native Flora of Florida, Chapter 5B-40,0055, Florida Administrative
Code,
Florida Department of Transportation, 1999, Florida Land Use, Cover and Fonus Classification
Systems Handbook, Tallahassee, Florida. 91 p,
Florida Fish and Wildlife Conservation Commission, 2004. Florida's Endangered Species,
Threatened Species and Species of Special Concern, Official Lists. Tallahassee, Florida.
FIOIida Natural Areas Inventory and Florida Department of Natural Resources, 1990. Guide to
the Natural COlmnunities of Florida. lllp.
Gilbert K., J. Tobe, R. Cantrell, M. Sweeley and J, Cooper, 1995. The Florida Wetlands
Delineation Manual. The Florida Department of Environmental Protection, South Florida
Water Management DistJict, St. Johns River Water Management District, Suwannee River
Water Management DistJict, and Northwest Florida Water Management District. 197 p,
U, S. Department of Agdculture, Soil Conservation Service, 1998, Soil Survey of Collier
County Area, Florida. 152 p, + maps.
USAE WateJways Expedment Station Environmental Laboratory. 1987. Corps of Engineers
Wetlands Delineation Manual, Technical Report Y-87-1, US Anny Corps of Engineers
Waterways Expedment Station, Vicksburg, Miss.
13
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""'"'" ""'""""' ,"d Go"ogy 'rn' A'__ & R'~d1"'," Coo'""'"'\<.
Agenda Item No. 17D
June 12, 2007
ENVIRONMENTAL SAMPLING AND ANALYSIS
INVESTIGATION. ADDENDUM
Landscape FlOlida
12745 Livingston Road
Naples, Florida 34105
PREPARE)) }<'OR:
Mr. Dick Evans
c/o Ms. Michelle Tamayo, Davidson Engineering. rnc,
Landscape Florida
12745 Livingston Road
Naples, Florida
PREPARED BY:
Environmental Risk Management, rnc,
ERMr File No. CI] lIB
January 30, 2007
REV: 4
PU OZ.2005-AR-7588
PROJECT #2004090068
OATE: 217107
MICHAEL DER\JNTZ
eadquarters ~ 15248 Tamlaml Trail South #800 ~ Fort Myers, Florida 33908
1-888-ENV-MGMT (1-888-368.6468) .. Fax 1-888-368-6329.. www.erml.net
Exhibit C - Environmental Sampling and
Analysis Investigation
Agenda Item No. 170
June 12, 2007
Licensed Engineering and Geology Firm' Assessment & Remediation Consultants
-$
ENVIRONMENTAL RISK MANAGEMENT INC~
CERTlFICA TION
FOR
ENVIRONMENTAL SAMPLING AND ANALYSIS
INVESTIGATION - ADDENDUM
Mr. Dick Evans'
clo Ms. Michelle Tamayo, Davidson Engineering, Inc.
Landscape FIOlida
12745 Livingston Road
Naples, Florida
ERMI File No, EIlll C
PROFESSIONAL GEOLOGIST CERTIFICA nON
Environmental Risk Management, Inc, hereby certifies the reliability and accuracy of the
services performed in this invcstigation, and the information presented in this report.
This report is based on professional services that were conducted using sound geologic
principles and "Standard of Industry" practices. The party to whom this report is
addressed may rely upon the contents of this report. Data derived through sampling and
subsequent laboratory analysis are extrapolated to render an opinion about ovcrall
subsUlface conditions, Actual conditions in areas not tested may differ from those
infen'ed to exist. ERMI does not attest to the accuracy of items outside the area of our
expeltise, including, but not limited to, laboratory analysis,
Prepared by
Environmental Risk Management, Inc.
15248 Tamiami Trail South, Suite 800
Fort Myers, Florida 33908
Signed,
Stanley J. Rutka, P,G.
Licl'nsed Professional Geologist
.--:,,;,,;
Headquarters ~ 15248 Tamlaml Trail South #800" Fort Myers, Florida 33908
1-B8B-ENV-MGMT (1-8B8.368-6468) " Fax 1.888-368-6329 "www.erml.net
ENVIRONMENTAL RISK MANAGEMENT, INc.
Licensed Engineering and Geology Firm' Assessment & Remediation Consultants,
January 30, 2007
Mr, Dick Evans
clo Ms, Michelle Tamayo, Davidson Engineering, Inc.
Landscape Florida
12745 Livingston Road
Naples, Flolida
RE: Environmental Sampling and Analysis Investigation - Addendum
Landscape Florida
12745 Livingston Road
Naples, Florida 34105
~RMI File No. EIUle
Dear Mr. Evans:
Environmental Risk Management, Inc, (ERMI) has conducted a subsurface sampling
event at the above reference facility, This repOlt documents the scope of work, field
procedures and analytical results of this project.
1.0 PROJECT UNDERSTANDING
On January 18, 2007 ERMI personnel mobilized one field technician to the subject
property. The purpose of this investigation was to further assess the site's soil and
groundwater quality in the vicinity of the Aboveground Storage Tanks (ASTs), observed
along the western property boundary, Sample locations can be seen in the site map in
Attachment A,
2.0 SCOPE OF WORK
ERMI performed the following scope of work:
I. ERMI personnel installed one soil boring, noting physical observations of the soil
conditions, to a depth of two (2) feet below the water table, in the area of the
Aboveground Storage Tanks (ASTs).
2, ERMI field screened the removed soils, for organic volatiles using an Organic
Volatile Analyzer (OV A) in areas where petroleum impact is suspected,
3, Through this boring, ERMI installed a Temporary MonitOllng Well (TMW) that
extends into the surficial groundwater aquifer, ERMI collected and submitted
groundwater samples to an FDEP approved laboratory for analysis of diesel and
unleaded fuel constituents using EP A Method 8100, EP A Method 802lE and the
FL PRO Method,
eadquarters " 15248 Tamlaml Trail South #800 .. Fort Myers, Florida 33908
1-888-ENV.MGMT (1-888.368.6468) .. Fax 1-888-368-6329.. www.ermi.net
,
Agenda Item No. 17D
June 12, 2007
Page 111 of 189
Larldscape Florida
Environmental Sampling & Analysis Investit:atioll
Janrlary 30, 2007
12745 Livings/on Road, Naplos, Florida
3.0 SOIL SCREENING METHODOLOGY
In the area of the AST's, ERMI personnel carefully transferred soil cores collected by a hand
auger into sampling jars, at 2-feet intervals, to a depth of 2 feet below the groundwater table (6,5
feet BLS), ERMI personnel screened the removed soils using a Foxboro@ Organic Yapor
Analyzer (OY A) for detections of organic volatiles, No detections of volatiles were observed in
the screened soil borings, Please refer to Attachment B Field Notes.
4.0 GROUNDWATER SAMPLING METHODOLOGY
ERMI personnel carefully collected groundwater samples from the TMW in accordance with the
procedures outlined in "FDEP Standard Operating Procedures for Laboratory Operations and
Sample Collection Activities" (DEP-QA-001l92),
5.0 RESULTS
ERMI personnel screened the removed soils using a Foxboro@ Organic Yapor Analyzer (OYA)
for detections of organic volatiles, No detections of volatiles were ohserved in the screencd soil
borings, Plcasc refer to Attachment B Field Notes,
The groundwater samples collected contained no detectable levels of common petroleum
constituent (dicsel fuel, unleaded gasoline or Total Recoverable Petroleum Hydrocarbons), The
laboratory results are attached in Attachment C.
6.0 CONCLUSIONS AND RECOMMENDA nONS
Based on the data collected during this investigation, no common pctroleum constitucnts were
detected at Icvels exceeding the State of Florida Soil or Groundwater Cleanup Target Levels,
ERMI concludes that gross impacts from current and former petroleum storagc tanks do not exist on
the suhject propel1y in the areas assessed,
Please contact ERMI at (239) 415-6406 or toll free (888) 368-6468 if you have any questions or
would like to discuss this project.
Sincerely,
ENVIRONMENTAL RISK MANAGEMENT, INC.
4tUd:-.~. 7f'~
Bat10n J. Baker, CFEA, REP A
Project Manager
~~
Stanley J, Rutka, P,G,
Principal Geologist
Environmental Risk Management, Illc.
2
ERMl File No. EllllC
Agenda Item No. 170
June 12,2007
Paoe 11201189
Attachment A
Samplel,ocation Map
r
Agenda Item No. 170
June 12, 2007
Page 113 of 189
REVIEWED BY: SR
DRAFTED BY: BJB
F1LE #: EIIIIC
La dscape Florida Facility
,
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grass
office
grass
o
office
gravel
storage
DO
TMw-l
grass
limestone drive way
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SITE LOCATION
LllDscnpc Florida
12745 LMngiton ROlld
Naples, Florid.
FDEP FACILITY ID# N/A
LEGEND
APPROXIMATE SCALE
NTS
FIGURE 1:
SlTE MAP
&; ~~Y.!~2~~.~~r~I~Y~'!~.~~~~~~~.~~~n!u~S
~
Soil Boring /
Temporary
Monitoring Well
,
Agenda Item ,NQ, 170
June 12, 2007
Paoe 114 of 189
AttachmentB,
Field Log
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Form FD 9000-24
GROUNDWATER SAMPLING LOG
Agenda Item No. 17D
June 12, 2007
Page 117 of 189
SITE .~., ^,f-..:,.,. ~" .!..fIt'\)) Y.)^ I E~~AT/ON: 1/)14S L'Vt'rv:,,<:'/oN .tC\_ I\iA~le"" 11,
NAME' l1..
WEl.LNO:"Tf\IIl.l)r I) I SAMPLEID: 7Mw~ I or DATI!:
, -21 I, PURGINGDATA :~,"81....,-.
WElL _ i!.. TUSING ~flJ'f-l~ "I WELLSCREENI~A-" STA'[lCDEPTH', .::/ PURGE PUMP TYPE
DIAMETER (InoM'): DIAMETER (lnch.c): DEPTH: 0 f..tt.. .., TOWATER(f.'I),1 .. OR BAILER: '?,.....t-. ..
WELL VOLUMe: PURGE: 1: WELL VOLUME... (TOTAL WELL DEPTH - STATIC DEPTH TO WATER) X WELL CAPACITY ,0/
onlyfiU oolll.ppllc.~.) ,;::,: tJ~ ' ~':. " ~;;> ,I <0
. ( ~ 1..I^, I~: I feet) X gsllonll/foot = gallons
EQUIPMENT VOLUMe P~RGE: 1 .QUIPMENT VOL,' prMP VOLUM. + (TumNG CAPACITY x TUalNG LENGTH)'. FLOW Cl'lL VOLUME
(anI)' 011 out" appJlcab!(J)
. gallons + ( gallons/tool X feel) + gallon9 -: gallons
INITIAL PUMP OR TUBING, " I FINAL PUMP OR TUBING h;~ I PURGlNG 'I PURGING . r TOTAL VOLUME ~'iiS-
DEPTH IN WelL (f"l~ DEPTH IN WELL ~e.ll: . INITIATED AT: ~DD END"DAT: .;l:5:'... PURG.ED(g.lIons~
CUMUL DEPTH pH COND, DISSOLVED
VOLUME VOLUME PURGE TO TEMP: {wnhosfc OXYGEN rURBIDITY COlOR ODOR
TIME PURGEO PURGEO I RATE ~t;~R (standard (0C) m.r (clrclamglL,,?[ (NTUG) (describe) (d.scnbe)
(oallons) (0.1100-;;\ [.pm) feal unl~} IlSIGm\ % sa!umtlon
,,7:;)\:) 7. 'b'b ~ 9,40 'r.c-/4 7_<.'." ,47-;7- n.t., /'7. - elL )'{ I:>N G
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welL CAPACITY (Gallons Per FOOl); D,75" to 0.02: 1" '" 0,04: 1.25" "" OJJO: 2" lo'O.16: 3""'0,37; 4" = 0.66; 5"<=1,0..2; 6'j"'1.47; 12" - 5,88
TUBING INSIDE OIA. CAPACITY-iGaI.IFL,7 1/8'1;0 {I.oooe. 31161< I'; 0.0014: 1/4" iii O.OG26: 5Hn.... 0,004; 3/8" =0,006' 1/2" "0.010; 51$" "" 0,016
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SAMPLING DATA
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SAMPLE CONTAINER
SPECIRCATlON
NM/lTERI
SAMPLE 10 CONTAINE AL VOLUME
CODE RS CODE
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S~""L'R(S) ~TURES:
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FLOW RATE~r'~L ~r mlliula\; I '{')"
FlgLD-FllTERED: Y @ ,J:lklEI, 31l~,
FlllrB~lon ECjulpmeni Type:
SAMPLE PRESERVATION
SAMPLING I SAMPliNG
INITIATED AT: 61:S'~ ENDED AT: 3:1 e
TUSING . I _
MATERIAL CODE: SIr e
I - - DUPUCA4E: Y (ii)
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INTENDED SAMPLIN<O
FINAL ANALYSIS ANo/OR "aUIPMENT
pH METHOD CODE
- < CP kR -'Sr"'\. ,
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PRESERVATIVE
USEO
TOTAL VOL
ADDEO IN FIELD (ml)
~
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R'MARKS, .2.o~p"" .,.. '];>~"el"p WiNI J -tItI"N I-t/'m;> t: "'~'S~l' rfl()"'''Orr.'~ "" 0'>'/,1'"
MA TSRIAL CODES:
SAMPLINGIPURGING
EQUIPMENT CODES:
At; = Ambor Glaa8: CG = Cleer Glass; PI::: Paly.ethylenei PP = Polypropylene; 5 =SUlcone; T= Teflon: 0 Q Other (SpIlClfy)
APP II!< A1lar Peristaltic Pump; B ;< Baller. BP - Bladdor Pump; ESp.. Electric SubmersIble Pump; PP . Porlstalllc Pl.lmp
~FPP l; Rever$.' flow PatistalUc Pump; SM 10. Slraw Method (Tubing GrBvlly Drllln); VT.. VaCIJum Trap; 0 to Other (SpecIfy)
NOTES: 1, Th. above do not consUlule all of1helnlormotlon requIred byChapt.r 62-160, F,A.C.
2. STABILIZATION' CRITEiRfA FOR RANGE OFVAR1ATlON OF lAST THRee cONsecuTIve READINGS (SI:E FS 2212. SECTION :n
pH:! (J.2 units Temperature: .:!: 0.2 oC Specific Conductance.: .t G% Dissolved Oxygen: all readings ~ 20% saturatIon (see Table ~S 220(}..2);
opUonally,:!: 0.2 mglL or:!: 10% (whlch".r Is gr..t.r) Turbidily; oil readings ~ 20 NTU; optionally:!: 5 NTU or:!: 10% (which.ver I. great.r)
Revision Date: February 1, 2004
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Agenda Item No. 170
June 12; 2007
D 110 f-1Q
, . , .
,
Attachment C ,
Laboratory Analytical Data
Juplter
Envlronlnent.ll L,homtOJip.!;/ Inc:.
Agenda Item No, 170
June 12, 2007
Page 120 of 189
Jupiter Envlronmenlallaboratarles, Inc.
150 S, otd Dixie Highway
Jupiter. Fl33458
Phone: ~561 )575,0030
Fax: (561)575-4118
www.jupllarlabs.com
cllentservlces@jupltarlabs,com
January 24. 2007
Bart Baker
Environmental Risk Management, Inc.
15248 TamiamiTrall S,
Fort Myers, FL 33908
RE:
LOG#
ProjecllO:
COC#
717743
Landscape FI. E-111-C
28908
Dear Bart Baker:
Enclosed are the analylical results for sample(s) received by the laboratory on Monday, January 22, 2007, RaslIlls reported herein
conform to the most current NELAC standards, where applicatJ.le, unless indicated by . In the body or the report.
The enclosed Chain of Custody is a component of this package and should be retained wilh the package and Incorporaled therein.
Results for all soUd matrices are reported in dry weight unless otherwise noted, Results for all liquid rnaltices are reported as
received in the laboratory unless otherwise noted,
Samples are disposed of after 30 days of their receipt by the laboratory unless archiving is requested in writing, The laboratory
maintains the right to charge storage Fees For archived samples,
Certain analyses are subcontracted to outside NElAC certified laboratories, please see the Footnotes seetlon of this report for
NELAC certification numbers of laboratories used,
A Statement of Qualifiers is available upon request.
If you have any questions concerning this report, please feel free to contact me,
Sincerely,
Ann McKewln for
Kacia Baldwin
kbaldwin@juplterlabs.com
Enclosures
Report ID: 717743.260233
112412007
Page 1 of6
FDDH# 1086546
CERTIFICATE OF ANALYSIS
This raport shall no\ ba reproduced, except In futl,
wlthoullho wrlUen consenl or Jupiter Environmental laboratories. Inc.,
, l....'''~n",..
thelac\
,
Jupiter
EnvlrolUnP.lll.,1 L,homtorlp.f.1 Inc:.
LOG# 717743
Project 10: Landsoape Fl. E-111-C
SAMPLE ANAL YTE COUNT
Agenda Item No. 170
June 12, 2007
Page 121 of 189
Jupiter Enviroomental LaboratOfles, fnc,
160 S, Old Dixie Highway
Jupiter, FL 33458
Phone: (561 )575-0030
Fax: (561)575-4118
Lab ID
Anelytes
Reported
717743001
Sample to
Method
TMW.l@7'
Report ID: 717743.260233
1124/2007
EPA 8260B
EPA8310 81M LlsJ by 8270C
FL.PRO {GC)
FDOH# E86546
CERTIFICATE OF ANALYSIS
This ,eport shall not be raprodlJccd, eKcepl in full.
without the wlllten oonsenl of Jupller Environmental Laboratories, Inc..
,... ,-','. ~~ ,~n~~~.,...
lhebk';
13
21
1
Page 2 af 6
Jupiter
Envlronmenl.lllabon1torlp_'>1 InL
Agenda Item No. 170
June 12, 2007
Page 122 of 189
Jupiter E:nvironmental Laboratories, Inc.
160 S, Olll Dixie Highway
Jupiter. FL 33458
Phone: (561 )575,0030
Fax: (561)575-4118
SAMPLE SUMMARY
LOG# 717743
Project ID: Landscape FI. E-111-C
Lab ID
Sample 10
Matrix
D.:lte CollDctod
Date Received
717743001
TMW.l@7'
Aqueous Liquid
1/1 B/2007 14:30
1/22/200716:00
Roport 10: 717743.260233
1/24/2007
Page 3 of 6
FDOH# E86546
CERTIFICATE OF ANALYSIS
ThIs report shall not be repmduced. except In full,
wllhout the written consent 01 Jupiter Envlronment81 Laboratories, Inc"
~ I" '<',.,,,~~
f~heI3.2,
r
Jupiter
Environrn€'nf.lll.ahor;ltorip.~, Inc:.
Agenda Item No. 170
June 12, 2007
Page 123 of 189
Jupiter Environmental Laboralorles, Inc::.
150 S, Old DixIe HIghway
Jupiter. FL 33458
Phone: (561)575-0030
Falc (561)575-4118
ANALYTICAL RESULTS
LOG# 717743
ProjecllD: Landscape FI, E-111-C
Lab 10: 717743001
Sample 10: TMW.1@7'
Date Received: 1/22/2007
Date Collected: 1J18/2007
Matrix;
Aqueous Liquid
Parameters
Results Units
Report Limit
MOL
OF Prepared By Analyzed
By
Qual
CAS
Volatlle6 by EPA 82608 GC/MS
Analysis Pes_e: ~PA_ 8021 ~ Scan by:. Prep~ratlol'l M,ethod.: NONE.
a260B(W)'" , , Analytical Method: :EPA B260B
1,2-Dichlorobenzene U uglL 1.00 0.360 101/23107 FO 01/23/07 FO 95.50.1
1 ,3~Djchlorobenzene U ug/L 1.00 0,360 1 01/23/07 FO 01/23/07 FO 541-73.1
1,4-Djchlorobenzena U ug/L 1.00 0.420 1 01/23107 FO 01/23107 FO 106.46.7
Benzene U ug/L 1.00 0.350 1 01/23/07 FO 01/23/07 FO 71-43.2
ChlorobElnzana U ug/l 1.00 0.450 1 01/23/07 FO 01/23/07 FO 108.90.7
Ethylbenzene U ug/L 1.00 0.520 1 01/23/07 FO 01/23/07 FO 100.41-4
Toluene U ug/L 1.00 0.470 1 01/23/07 FO 01/23/07 FO 108.66.3
m & p-xylene U ugll 1.00 0.310 101/23107 FO 01/23/07 FO 1330-20.
7[m,pJ
a-Xylene U ug/L 1.00 0,670 1 01/23/07 FO 01123/07 FO 95-47.5
tart-Butyl methyl ether U ug/L 1.00 0.440 1 01/23/07 FO 01/23/07 FO 1634.04.4
(MTBE)
Jibromofluoromethane (5) 83 % 70.130 1 01/23/07 FO 01/23/07 FO 1 656.53.7
Toluono dB (S) 87 % 70.130 1 01/23/07 FO 01/23/07 FO 2037.26.5
4-Bromofluorobenzene (S) 74 % 70.130 1 01/23/07 FO 01/23/07 FO 460.004
Somlvolatlles by E.PA 6270C
Analysis Desc; SW-846 a~HO$IM PAH Preparallon Mathod: EPA .3510C 81M
Scan (W) Analytical Method: EPA ~310 SJr,1 List by 8270C
1-Melhylnaphlhalene U uglL 0.060 0.030 1 01/23/07 BFM 01/23107 NL 90.12.0
2-Melhylnaphthalene U ug/L 0.044 0.022 1 01/23/07 BFM 01123/07 NL 91.57.6
Acenaphlhene U ug/L 0.034 0,017 1 01123107 BFM 01/23/07 NL 83.32.9
Aconaphthylene U ug/L 0.032 0.016 1 01123107 BFM 01123/07 NL 208.96.8
AnthmcenA U ugfL 0,025 0.013 1 01/23/07 8FM 01/23/07 NL 120-12.7
Benz[a]anthracene U ug/L 0.052 0,026 1 01123/07 BFM 01/23107 NL 56.55.3
Benzo[a]pyrono U ug/L 0.032 0.016 1 01/23/07 8FM 01123/07 NL 50.32.8
Benzo[o]nuoranthene U ug/L 0.025 0,013 1 01/23107 BFM 01/23/07 NL 205.99.2
Benzo[g,h.ijperylene U ug/L 0.038 0019 1 01/23/07 BFM 01/23/07 NL 191.24.2
Benzofk]r1uoranthane U ug/L 0.040 0.020 1 01/23/07 8FM 01/23/07 NL 207.06.9
Chrysene U u9fL 0,056 0.028 1 01/23/07 BFM 01/23/07 NL 218.[)1.9
o Ibonz[ e, h }anthracene U ug/L 0.020 0.010 1 01/23/07 BFM 01/23107 NL 53.70.3
Fluoranlhene U ugll 0.040 0.020 1 01/23/07 BFM 01123/07 NL 206.44.0
Fluorene U ug/l D.044 0.022 1 01/23/07 BFM 01/23107 NL 86.73.7
Jndeno{1,2,3-cdlpyrene U uglt 0,046 0.024 1 01/23/07 BFM 01/23107 NL 193.39.5
Naphthalene U ug/L 0,040 0020 1 01/23/07 BFM 01/23/07 NL 91~20-3
Phenanthrene U ug/L 0.040 0,020 1 01/23107 BFM 01/23107 NL 85.01.8
Pyrena U ug/L 0.056 0.026 1 01/23/07 BFM 01123107 NL 129.00.0
Nitrobenzene~d5 (5) 32 % 30.110 1 01/23/07 8FM 01/23107 NL 4165.60-0
Report lD: 717743 - 260233 page 4 of 6
1/24/2007
FDOH# E86546
CERTIFICATE OF ANALYSIS
This roaport shall not be reproduced, eKcept In full,
without the written consent of Jupller Envfronmental Laboratories, Inc"
~ "'.~"..~n~~
:';"tlelac\
-<---.-... ......--.-...-....
Jupiter
Environmenl,ll L.lhmatori~~} Inc
Agenda Item No. 170
June 12, 2007
Page 124 of 189
Jupiter Environmental Laboratories, Inc,
150 S, Old Ohele Highway
Jupiter, FL 33458
Phone: {561 )575.00aO
Fax: (561)5754118
ANALYTICAL RESULTS
lOG# 717743
Project ID: Landscape FI. E-111-C
2-Fluoroblphenyt (S)
~. Terphenyl.d14 (S)
6%
85 %
Dale Received: 1/22/2007 Malrlx: Aqueous LIquid
Date Collected: 1/18/2007
Report L1mll MOL OF Prepared By Analyzed By Qual CAS
30.110 1 01/23/07 BFM 01/23/07 Nl J2 321.60.8
30.140 1 01/23/07 BFM 01/23/07 Nl 171 8.SH!
Lab ID: 717743001
Sample ID: TMW.l@7'
Parameters Results Units
Somlvolatlles by GC
AnaJy~i~ Des~: ,Fl.orida ~R,O by G<:;(W)
Florida Pro Total
Prepara~ion Method: EPA3()10C
Analytical Method: Fl.PRO (GC)
U mg/L 0,010 0,003
1 01/23107 BFM 01/24/07
Nl
Report ID: 717743 . 260233
112412007
Page 5 of 6
FDOH# E86546
CERTIFICATE OF ANALYSIS
This report shall not be reproduced, except In lull.
wlthOullhe wrlUen consent of Jupi1er Envlronmelltal Laboratories, Inc.,
~ ," ~.,.~~~~
(helac\
Jupiter
Envlronment.ll L.lboratorip.!i, lnc.
Agenda Ilem No. 17D
June 12, 2007
Page 125 of 189
Jupiter ~llvlronmenl81 Laboratories, lne,
150 S. Old Dixie Highway
Jupiter, FL 33458
Phone: (561)575-0030
Fax: (561)57~-4118
,ANALYTICAL RESULTS QUALIFIERS
lOG# 717743
Project ID: Landscape FI. E-111.C
PARAMETER QUALIFIERS
J Estimated value.
J2 Surrogate recovery limits were exceeded due to matrix interference.
PROJECT COMMENTS
717743
Report Limit = POL
Samples received at 24 degrees C. Results may not be accutate.
SAMPLE COMMENTS
717743001
FL-PRO preserved boute was broken during shipment. Analysis results for FL-PRO taken from the PAH extract
per client. FL-PRO results are consIdered estimated values,
ReporllO: 717743.260233
1/24/2007
Page 6 of 6
FOOH# E86546
CERTIFICATE OF ANALYSIS
This. report shall nol be reproduoed, except In full,
without the written consent of Jupiter E:nvlronmental Lsb01alorls8. loe.,
!'t,"""'n~
r~'helac\
Agenda Item No, 170
June 12, 2007
f
ENVIRONMENTAL RISK MANAGEMENT, INC.'f
Licensed Engineering and Geology Firm' Assessment & Remediation Consultants:.
ENVIRONMENTAL SAMPLING AND ANALYSIS
INVESTIGATION
Landscape Florida
12745 Livingston Road
Naples, Florida 34105
PREPARED FOR:
Mr, Jud Perkins
Landscape rlorida
12745 Livingston Road
Naples, Florida 34105
PREPARED BY:
,i
Enviromnental Risk Management, Inc.
ERMT File No, CllllB
April 4, 2006
REV. 3
PUDZ-2005-AR-7588
PROJECT #2004090068
DATE: 5119106
MICHAEL DERUNTZ
Headquarters Ii 15248 Tamlaml Trail South #800 Ii Fort Myers, Florida 33908
1-888.ENV-MGMT (1-888-368-6468) ~ Fax 1-888-368-6329 Ii www.erml.net
,
Agenda Item No. 170
June 12, 2007
7 f
ENVIRONMENTAL RISK MANAGEMENT, INC~
licensed Engineering and Geology Firm' Assessment & Remediation Consultants
CERTIFICATION
FOR
ENVIRONMENTAL SAMPLING AND ANALYSIS
INVESTIGATION
Landscape Florida
12745 Livingston Road
Naples, Florida 34105
ERMI File No, CllllB
PROFESSIONAL GEOLOGIST CERTIFICATION
Environmental Risk Management, Inc. hereby certifies the reliability and accuracy of the
services perfonned in this investigation, and the infonnation presented in this report.
Tbis report is based on professional services that were conducted using sound geologic
principles and "Standard of Industry" practices. The party to whom tbis report is
addressed may rely upon the contents of this report. Data deIived through sampling and
subsequent laboratory analysis are extrapolated to render an opinion about overall
subsurface conditions. Actual conditions in areas not tested may differ from those
infened to exist. I do not attest to the accuracy of items outside the area of my expertise,
including, but not limited to, laboratory analysis.
Prepared by
Environmental Risk Management, Inc.
15248 Tamiami Trail South, Suite 800
Fort Myers, FloIida 33908
Signed,
Stanley J. Rutka, P,G,
Licensed Professional Geologist
4,2006
, Headquarters" 1524B Tamlami Trail South #BOO .. Fort Myers, Florida 3390B
1.BBB.ENV.MGMT (1.BBB.36B-648B)" Fax 1-8B8.388-B329.. www.erml.net
Agenda Item No. 170
June 12, 2007
ENVIRONMENTAL RISK MANAGEMENT, INe,l,
licensed Engineering and Geology Firm' Assessment & Remediation Consultants';':
April 4, 2006
Mr, Jud Pcrkins
Landscape Florida
12745 Livingston Road
Naples, Florida
RE: Environmental Sampling and Analysis Investigation
LandReape Florida
12745 Livingston Road
NapIeR, Florida 34105
ERMI File No. Cll1lB
Dear Mr. Perkins:
Environmental Risk Management, Inc. (ERMI) has conducted a subsurface sampling
event at the above reference facility. This report documents the scope of work, field
procedures and analytical results of this project.
1.0 PROJECT UNDERSTANDING
CUITCIlt and former agricultural operations represent a potential concem, The pUlpose of
this investigation was to investigate the arca of the petroleum storage. as well as, collect
soil samples at randomly selected locations for organochlorine pesticides.
2.0 SCOPE OF WORK
ERMI performed the following scope of work:
I. On February 16, 2006, ERMI mobilized one field technician to conduct field
scrvices on the subject property located at 12745 Livingston Road, Naples,
Florida. ERMI installcd two soil borings and collected a total of two soil samples,
One soil boring was placed in the area most likely to be impacted from refueling
activities in the vicinity of the aboveground storage tank (AST) area, for
indications of petroleum impacts, The other boring was installed in a random
location and tested for organochlorine pesticides.
2. On March 16, 2006, ERMI mobilized one field technician to conduct additional
field services at the subject property. Additional soil samples were collected to
further investigate the slight detections of organochlorine pesticide discovered in
the previous sampling event.
Headquarters.. 15248 Tamlami Trail South #800 ~,Fort Myers, Florida 33908
1-a88-ENV-MGMT (1.888-368-8468).. Fax 1-888-368-6329.. www.erml.net
Agenda Item No. 170
June 12, 2007
Page 129 of 189
ENVIRONMENTAL RISK MANAGEMENT, INC.
#ltv"l'omlUmtul SIU"l'litzg & Analysis Im'e!>'tigatlo1l
Apr//4, 2006
LUlldscope F/oridlf, 12745 Livh'gslo1l Road, NaplesJ F/ol'iJa
3.0 SOIL SCREENING METHODOLOGY
In the area of the AST's, ERMI personnel oarefully transferred soil ooros oolleoted by a hand
auger into sampling jars, at 2-feet intervals, to a depth of2 feet below the groundwater table (4.5
feet BLS). ERMI personnel soreened the removed soils using a Foxboro@ Organic Vapor
Analyzer (OVA) for deteotions of organic volatiles. No detections of volatiles were observed in
the six soreened borings. Please refer to Attachment B Field Notes.
4.0 SOIL SAMPLING METHODOLOGY
ERMI personnel oarefully transfen'ed soil oores fi'om eaoh soil bOling, 001leoted by a clean.
stainless-steel auger, into sampling jars, and oleaned the auger bit after eaoh soil boring, in
accordance with the procedures outlined in "FDEP Standard Operating Procedures for
Laboratory Operations and Sample C01lection Activities" (DEP-QA-OOI/92),
5.0 RESUL TS
5.1 Samn!ine Event Februarv 16. 2006
Soil Sample, SB-l [2/16/06] contained no detections of petroleum hydrocarbons when
tested by the lab and with the OVA in the field.
88-2[2/16/06] produced detections of total chlordane, an organocWorine pesticide
constituent at 0.0005 mg/kg, This detection is below the reoommended target cleanup
level for leachability of 9,6 mg/kg. The lab results indicated detections of the metals:
Chromium, AJ:senic, Cadmium, Barium and Lead in SB-2 (see Table land 2). All of the
metals were observed to be below the applicable State of Florida Soil Cleanup Target
Levels. Complete laboratory analytioalresults are presented in Attachment C,
5.2 Samnliul! Event March 16.2006
SB-I [3/16/06] produced deteotions of total chlordane, an organochlorine pesticide
constituent at 0,0004 mg/kg, This detection is below the recommended target cleanup
level for leachability at 9,6 mg/kg. The lab results also showed deteotions of Arsenio in
8B-l (see Table 3 and 4). S8-2 produccd deteotions of organochlorine pesticides:
Chlordane and Diedrin, these detections are also below the reoommended target cleanup
levels for leaohability, Detections of DDE, alpha-Chlordanc, gamma-Chlordane were
observed to be below the applicable State of Florida Soil Cleanup Target Levels.
Complete laboratory analytical results are presented in Attachment C.
wJVw.el'mi.llet
2
ERMI File No. el11] B
Agenda Item No. 170
June 12, 2007
Page 130 of 189
ENV[IIONMEN1~L RISK MANAGEMEN'F, INC'.
,"viJ'ollJllenfUl $lImpJilJg & Analysis lnl'(!r'itigfltirJf!
Al'rll4J 2006
Lum/scapi! Floritlll, 12745 LiIJIIIgstOIl Rot/d. Naples. Plon"u
6.0 CONCLUSIONS AND RECOMMENDA nONS
Based on the data collected during this investigation, no EP A Method 6020 and 8081 target
analytes, nor, the 8 RCRA metals were detected at levels exceeding the State of Florida Soil
Cleanup Target Levels, ERMI concludes that gross impacts from current and fOlmer land uses that
OCCUlTed do not exist on the subject property,
Please contact ERMI at (239) 415-6406 or toll fi-ee (888) 368-6468 if you have any questions or
would like to discuss this project.
Sincerely,
ENVIRONMENTAL RISK MANAGEMENT, INC.
~l-6Jw-
Barton J. Bakel', CFEA, REP A
Project Manager
~ GM9-v.Y
Stanley J, Rutka, P.G.
Principal Gcologist
Summary of Laboratory Results
Table 1: SamoliR!! Event Februarv 16.2006
Semivolatiles
Table 2: Samolinl! Event Februarv 16. 2006
Metals
*BDL indicates levels below detectible limit for thc parameter
wJt1w,erllli.,ret
3
ERMI File No. Cll1IB
Agenda Item No. 170
June 12, 2007
Page 131 of 189
ENVIRONMlJNl'AI. RISK MANAGEMENT, INC.
fiPfU'/l-OIwumtal Sampling & Amllysl" Illv8sng(I#On
Apl,it 4, 2006
LmuA'clil'd Flt,rJdn, 12745 Lh'/ngtt/llll RlJiul, Naple~~ Fltm'da
Table 3: SamDJinl! Event March 16,2006
Semivolatiles
Tablc 4: SamDJinl! Event March 16, 2006
Metals
*BDL indicatcs levels below detectible limit for the parameter
wJ.vll'.l~r1lli.l'et
4
ERMlfijle No, CIllIJJ
Agenda Item No. 170
June 12, 2007
Page 132 of 189
Attachment A
Sample Location Map
FILE #; CllllB
r 8B-2,2/16
~
r 8B-1,
-$-
o
Subject Property
/16
r 8B-l,2
~
Tank Area
APPROXUJATESCALE
NTS
I"""! I......r
DO
SITE LOCATION
Lunscspe Florida
12745 Livingston Road
Na.plesl FlorIda
FDEP FACILITY ID# NIA
Parking
f; !c~?~~~r~~!~I!.~,~~~~~~~~~!"~S'.,.
Agenda Item No. 170
June 12, 2007
Page 133 of 189
REVIEWED BY: BJB DRAFTED BY: LMS
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, I I
FIGURE 1:
SITE MAP
LEGEND
-$- Soil Boring
Agenda Item No. 170
June 12. 2007
Page 134 of 189
Attachment B
Field Log
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Agenda Item No. 170
June 12, 2007
Page 136 of 189
AttachmentC
Laboratory Analytical Data
Agenda Item No. 170
June 12, 2007
Page 137 of 189
.
k+""
Jupiter
Envlrcmment.ll L,horaforles/ Jnc.
Jupiter Envlronment.al Laboratories-. InCl.
150 S, Old Dixie Highway
Jupiter. FL 33458
Phone: (561}575-D03D
Fax: (661)575-4118
www.juplterlabs.com
cllenlservICM@Juplterlabs.tClm
February 23, 2006
Bart 13aker
Environmental Risk Management, Inc.
15248 Tamlaml Trail S.
Fori Myers, FL 33908
RE:
LOG#
ProjecllD:
COC#
615244
C11118 Livingston Road
23615
Dear Bart Baker:
Enclosed era. the analytical results for sample(s) recel...ed by lhelaboratory on Tuesday, February 21,2006. Results reported herein
conform to the most current NELAC standards, whete applicable, unles.s Indicated by . In Ihe body of the report,
The enclosed Chain of Custody Is Q component of this package and should be retained wUh the package and Incorporated therein.
Results for all solid matrIces are reported in dry weight unless otherwise noted, Results for ell liquid matrices ara reported as
received In the laboratory unless otherwls.e noted.
Samples are disposed of efter'30 days of lhelr receipt by the laboratory unless archiving Is requested In writing, The laboratory
maintains the right to charge storage fees for archIved samples,
Certain analyses are subcontracted to outside NELAC certified laboratorIes, please see the Footnotes ssction of this report for
NElAC certification ntlmbers of laboratories used,
A Statement of Qualfflers Is available upon request.
If you have any questions concerning this report, please feetl (ree to conlact me.
Sincerely,
Kacia Baldwin
kbaldwin@juplterlabs,com
Enclosures
Report 10: 615244 .145074
2/2312006
Page 1 of5
FDOH# E88546
CERTIFICATE OF ANALYSIS
This report shall no' be reproduced, except In 1ul\.
wIthout the written consent of Juplter Envlronmentall-aboratorlas. lno..
~..~~/' "'''.~~,~.-:,:~
""'-'el.....'.
<..:'11 ilaA..',~
Agenda Item No. 170
June 12, 2007
Page 138 of 189
~
~::;:.......------
Jupiter
Envlmnme-nt.ll '-ahomtorlp.~, Inc
Jupiter Environmental laboratories, Ine,
150 S, Old DixIe Highway
JupJlor, FL 3346B
Phone: (661)575-0030
Fax: (561)575.4118
SAMPLE ANALYTE COUNT
LOG# 615244
ProJeclID: C1111B Livingston Road
Anelytes
lablD Sample ID Method Reported
615244001 SB-1 FL.PRQ (GC) 3
615244002 SB.2 EPA 5020 8
EPA 8081 (Gel 24
Report ID: 615244 -146074
2/2312006
Page 2 of 5
FDOH# E86546
CERTIFICATE OF ANALYSIS
This report ahall not be reproduced, ttxQsplln full,
without the written consent of JUpiter Environmental Laboratories, Inc..
,4;~1ik:\
Agenda Item No, 170
June 12, 2007
Page 139 of 189
r.''''
.t,e:':;
~ :,t'",,,,
,,;?,
d'.
,''-i(.......
Jupiter
E,nvironlnent.lllahomtor[e~1 lnr.,
JupRer Environmental Leboralorles, Inc.
150 S. Old Dixie Hlghwa)'
Jupiter, FL 33458
Phone: (561)575-0030
Fax: (561)575-4118
SAMPLE SUMMARY
LOG# 615244
Project 10: C1111B LIvingston Road
LablD Sample ID Matrix Dafe Collected Date Received
615244001 S6.1 Soil/Solid/Sediment 2/15/200616:30 2121/200610:30
615244002 S6-2 SolVSolld/Sedlment 2/1612006 16:45 2121/200610:30
Raport ID: 515244.145074
2/2312006
Page 3 of 5
FDOH# E86546
CERTIFICATE OF ANALYSIS
This report shall not be reproduced, oxcept In full.
wllhout the written coru;ent of Jupiter Environmental Laboratories, 100"
...~~~~.."! -"~;~t.~.~..,,:,"<,
fineli!iC\
Agenda Item No. 170
June 12, 2007
Page 140 of 189
~,c,~
A:':~,~
~p-
Jupiter
Envlronrnp.nf.ll LlhOrllt()flp.~, lnc,
Jupiter Environmental Laboratories, Inc.
150 S. Old Dlxlo Highway
Jupiter, FL 33456
Phone: (561 )575.0030
FAX: (561}575-411B
ANALYTICAL RESULTS
LOG# 615244
Project 10: C1111B LIvingston Road
Lab 10: 615244001
Sample 1D: 56-1
Date ReceIved: 2/21/2006
Date Collected: 2116/2006
MatrIx:
Soll/Solld/Sedlmenl
Parameters
Res.ullS Unlls
Report Limil
MOL
OF Prepared By Analyzed
By
Qual
CAS
Semlvohrtlle6 by GC
Anelysl. Deso: Flortda PRO by {3C (S)
FIDrlda Pro Total
o-Terphenyl (5)
Nonatrlaconlane (S)
PreparallonMethod: EPA 3545
Analytical Method: FL-PRO (GC)
U mglKg 1,00 0.330
55% 20-150
75 % 20-150
1 02/21106 JC
1 02121106 JC
1 02/21106 JC
02122106
02/22/06
02122/06
JC
JC
JC
84.15.1
7194.86.7
Report 10: 615244 . 145074
2/23/2005
Page 4 of 5
FDOH# E86546
CERTIFICATE OF ANALYSIS
This report shall nol be reproduced, except In full,
wilhout the wlJUen consent or Jupi1er Envlronmentallaboratorias, Inc"
(hei~\
Agenda Item No. 170
June 12, 2007
Page 141 of 189
r'
,c,,~"'>-.
-"""',"""
4\>'_
,{~r:t,
JupIter
Envlmnmenf,lllabomtorlell,ll1(':.
Jupiter Environmental Laboratories, Ino,
150 S. Old Dixie Highway
Jupller, FL 334:58
Phone: (S61)575.Q030
F'"ax: (661)576.4118
ANALYTICAL RESULTS
lOG# 615244
Project 10: C11118 Livingston Road
Lab 10: 615244002 Date Received: 2/2112006 Matrix: Soil/Solid/Sediment
Sample 10: $B.2 Date Collected: 2/1612006
Paramaters Results Units Report limit MDl DF Prepared By Analyzed By Quat CAS
SemlvolaUles by GC
Anelysls Dese: EPA 6081 by GC (S) Preparation Method: E.PA3545
Analytical Method: EPA 8081 (GC)
4,4'.DDD U ug/Kg 0,500 0.100 1 02120106 MV 02/21/06 MV 72.54.6
4,4'.DDE U uglKg 0.500 0.100 1 02120/06 MV 02121106 MV 72-55.9
4,4'.DDT U uglKg MOO 0.160 1 02120/06 MV 02121/06 MV 50-2g.3
Aldrin U uglKg 0.480 0,096 1 02/20/06 MV 02/21106 MV 309.00.2'
alpha-SHe U ugfKg 0,345 0,069 1 02/20/08 MV 02/21/06 MV 319.84.6
alpha-Chlordane U ug/Kg 0.295 0,059 1 02120/06 MV 02/21/06 MV 5103.71.9
beta-SHe U U9/Kg 0.370 0.074 1 02120106 MV 02/21/06 MV 319-85.7
della.BHC U u911<9 1.25 0.250 1 02/20/06 MV 02121106 MV 319.86.8
DieldrIn U ug/Kg 0.400 0,080 1 02/20/06 MV 02/21/06 MV 60.57.1
Endosulfan I U uglKg 0.255 0.051 1 02120/06 MV 02/21106 MV 959.96.8
EndoslIlfan II U ugll<g 0.476 0,095 1 02120/06 MV 02/21/06 MV 33213.65.9
:ndosulfan sulfate U ugll<g 0.650 0,130 1 02/20106 MV 02/21/06 MV 1031.07.8
dndrln U uglKg 0.550 0,110 1 02/20/06 MV 02/21/06 MV 72.20.6
Endrjn Aldehyde U ug/Kg 0,355 0,071 1 02/20/08 MV 02/21/06 MV 7421.93.4
Endrln Ketona U ug/Kg 0.340 0.068 1 02/20/06 MV 02/21106 MV 53494.70.5
gamma-SHe (lindane) U uglKg 0.750 0,150 1 02/20106 MV 02121/06 MY 56.89.9
gamma-Chlordane U ug/Kg 0.360 0.072 1 02120/06 MV 02121/06 MY 12789.03.6
Heptachlor U ug/Kg 0.500 0.100 1 02/20/06 MV 02/21106 MV 76.44.8
Heptachlor apoxlde U uglKg 0.366 0,073 1 02/20106 MV 02/21/06 MV 1024.57.3
Methoxyctllor U ug/Kg 1.10 0,220 1 02/20/06 MV 02/21/08 MV 72.43.5
Total Chlordane 0.475 ug/Kg 0,295 0.059 1 02/20/06 MV 02/21/06 MV
Total Toxaphene U uglKg 15,0 3,00 1 02/20/06 MV 02/21/08 MV 8001.35.2
TetrachIQro.m-xylene (5) 70 % 50.130 1 02/20106 MV 02/21/06 MY 877-09.8
Decacl1loroblphenyl is) 56 % 50.150 1 02120/06 MV 02/21/06 MV 2051.24.3
AnalysIs Oesc: EPA 6020 RCRA-B Preparation Metood: EPA 3061
Matals by ICPIMS (S) Analytical Method: EPA 6020
Chromium 7,1 mgll<g 0,050 0.010 1 02/22106 ZS 02/22/06 ZS 7440-47.3
Arsenic 0,72 mg/Kg 0,14 0.026 1 02/22/06 ZS 02/22/06 ZS 7440.38.2
Selenium U mg/Kg 0.080 0.Q16 1 02122106 ZS 02/22/06 ZS 778249.2
Silver U mglKg 0.050 0,010 1 02122106 ZS 02/22/06 ZS 7440.22.4
CadmIum 0,15 mglKg 0.010 0,0020 1 02122/06 ZS 02122/06 ZS 7440.43.9
Barium 7.6 mglKg 0.0050 0.0010 1 02/22/06 ZS 02122/06 ZS 7440.39.3
Mercury U mg/Kg 0,050 0.010 1 02/22/06 ZS 02/22/06 ZS 7439-97.6
lead 0,84 mglKg 0.050 0.010 1 02122106 ZS 02/22/06 ZS 7439.92.1
Raport 10: 615244 -145074
2123/2006
Page 5 of 5
FDOH# E86546
CERTIFICATE OF ANALYSIS
This report shall nol be reproduced. except In full,
without the written consent of Jupiter Envlronmenlal Laboratories, 'Ine.,
..~.""_ '.~ fe. !~.~.~+.
rneliic\
Agenda Item No, 170
June 12, 2007
Page 142 of 189
~.."
-";--.'
......~~;":_:
/~
Jupiter
Envlronmf.-nt.ll Lab()mrorlp.!>, Inc.
Jupiter Envlronmenta) Laboratories, Ino,
150 $, Old Dixie Highway
Jupiter, FL 33458
Phone: (561)575.0030
Fax: (561)575-4118
www.jupUe.rlabs.com
cllentservlces@JupJlerlabs,com
Maroh 23, 2006
Bart Baker
Environmental Risk Management, Inc,
15248 Tamlaml Trail S.
Fort Myers, Fl 33908
RE;
LOG#
Project ID:
COC#
615455
C1111B Livingston Road
23623
Dear Bert Baker;
Enclosed are Ihe analytical resLllts for sample(s) received by the laboratory on Tuesday, March 21, 2006. Results reported herein
conform to the most current NELAC standards. where applicable. unless Indicated by * in the body of the report.
The enclosed Chain of Custody Is a component of this package and should be retaIned with the package and incorporated therein.
Results for all solid mafrlces are reported In dry weight unless otherwise noted. Results for all liquid matrices are reported as
receIved In the laboratory unless otherwise noted.
Samples are disposed of after 30 days of their receipt by the laboratory unless archiving Is requested In wrlUng. The laboratory
maintains the right 10 charge storage fees for archived samples,
Certain analyses are .subcontracted 10 outside NElAC certified laooratorles, please S99 the Footnotes section of this report for
NElAC certification numbers of taboratorfes uBed.
A Sfatement of Qualmers Is available upon request.
If you have any questions concerning this report, please feel free to contact me,
Sincerely,
Poonam Kalkat for
Keela Baldwin
kbaldwfn@jupiterlabs.com
Enclosures
Report ID: 616455 . 155350
3/2312006
Page 1 of5
FDOH# E86546
CERTIFICATE OF ANALYSIS
ThIs repor1 shallllOt be reproduced, except In full,
without the wrillen consenl of Jupller Environmental Laboratories, lne..
'.'h""'el'" "'ac;.""",.
8' .,....
<., - ,..
..- ,~
Agenda Item No. 170
June 12, 2007
Page 143 of 189
--'F'
.fi1jf!:~":--"-
Jupiter
Envlronmp,.nt.11 LahomtorlpJij In(.
Jupiter Envlronm8ntallahoralorles,lnc,
150 S. Old Dixie Highway
Jupiter, Fl3345B
Phone: (561 )575-0030
Fax; (561)57IH118
SAMPLE ANALYTE COUNT
LOG# 615455
Project I D: C1111B LIvingston Road
Analytes
Lab ID Semple 10 Melhod Reported
615455001 88.1 EPA 6020
EPA 6081 (Ge) 24
615455002 58-2 EPA 6020
EPA 8081 (Ge) 24
Report ID: 615455 -155350
3/23/2006
Page 2 of 5
FDOH# EB6546
CERTIFICATE OF ANALYSIS
This report shall not be reproduced, ex~pt In full.
without Ihe wlllIen consent of JupJler Envlronmenlall.aboralorlea, Inc.,
''','h'''''e:'''I~)~'
~'.' c:p...' ~
Agenda Item No, 170
June 12, 2007
Page 144 of 189
~/'
;,-lP:"::-;
ii'<:" -
~"
/(,.'
Jupiter
Envirnnrnent,lll.lbomtnrle~~1 111(:.
Jupiter Environmental Laboratories, Inc:.
150 $. Old DixIe Hlgltway
Jupiter, Fl 33458
Phone: (561)67&-0030
FElX:: (561)575.4118
SAMPLE SUMMARY
LOG# 615455
Project 10; C1111B Livingston Road
Lab 10 Sample 10 Matrix Date Collected Date Received
615455001 S8.1 SolV8olld/Sedlment 3/161200616:30 3/21/200609:45
615455002 88.2 SolVSolld/Se<.llment 3116/2006 16:30 3121/200609:45
Report 10: 615455-155350
3/23/2006
Page 3 of5
FDOH# EB6546
CERTIFICATE OF ANALYSIS
ThEa report shall not be reproduced, exceplln full,
without tha written consent of JUpller Envlronmardal Laboratories, Inc..
....,,'9.'" !-<"~f~.~;'",~
ffih'elac\
Agenda Item No. 17D
June 12, 2007
Page 145 of 189
IJ'!,.
':-,"
tf:'~-,'
- V"'"
~,;;:-:
/'_-:
JupIter
Envi,Qnlmmlal Lll'lOn~tor1e.t" Ill(.
Juplt(tr EnvIronmental Laboratorles,lnc.
150 S. old DixIe Highway
Jupller, FL 33458
Phone; (561)575-0030
Fax: (561)515.4116
ANALYTICAL RESULTS
LOG# 615455
Project ID: C1111B Livingston Road
Lab ro: 615455001
Sempl. 10: 56.1
Date Received: 3f2112006
Dele Collected: 3/16/2006
Matrix:
So!IJSolJd/Sediment
Param eters
OF Prepared By Analyzed By
CAS
Results Units
Report limit
MOL
Qual
Somlvolatlles by GC
Anelysls Oesc: EPA 8081 by GC (5)
Preparatil;)~ ,Method:.EFA 3545
Analytical Melhod: EPA8081 (GC)
4,4'.000 U uglKg 0,500 0.100 1 03/20106 MV 03/21/06 MV
4,4'-00E U uglKg 0.500 0.100 1 03/20/06 MV 03/21/06 MV
4,4'-00T U ug/Kg 0.800 0.160 1 03/20106 MV 03/21106 MV
Aldrln U ug/Kg 0.460 0.096 1 03120106 MV 03/21/06 MV
alpha-SHe U uglKg 0.345 0.069 1 03/20106 MV 03/21/06 MV
alpha~Chlordan6 U uglKg 0.295 0.059 1 03120106 MV 03/21/06 MV
beta.SHe U uglKg 0.370 0.074 1 03/20/06 MV 03/21/06 MV
delte-BHe U uglKg 1.25 0.250 1 03/20106 MV 03/21/06 MV
Dieldrin U ugJKg 0.400 0.060 1 03120106 MV 03121/06 MV
Endosulfan I U ug/Kg 0.255 0.051 1 03/20/06 MV 03121/06 MY
-'-', Endosulfan II U ug/Kg 0.475 0.095 1 03120/06 MV 03/21/06 MY
'nctosurfan sulfate U ug/Kg 0.650 0.130 1 03120/06 MY 03/21106 MY
r..:.ndrln U uglKg 0.550 0.110 1 03120106 MY 03/21/06 MY
Endrin Aldehyde U ug/Kg 0.355 0.071 1 03/20/06 MY 03/21/06 MY
Endrln Ketone U uglKg 0.340 0.068 1 03/20/06 MY 03/21/06 MY
gemma.BHC (Lindane) U llg/Kg 0.750 0.150 1 03/20/06 MY 03/21/06 MY
gamma~Chlordane U ug/Kg 0.360 0.072 1 03/20/06 MY 03/21/06 MV
Heptachlor U ug/Kg 0.500 0.100 1 03/20106 MY 03/21/06 MV
Heptachlor epoxlda U ug/Kg 0.365 0.073 1 03/20/06 MY 03/21/06 MV
MethoxYIJhlor U ug/Kg 1.10 0.220 1 03/20/06 MY 03/21/06 MY
Total Chlordane 0.423 uglKg 0.295 0.059 1 03/20/06 MY 03/21/06 MY
Total Toxaphene U ugtKg 15.0 3.00 1 03/20/06 MY 03/21/06 MY
Tetrachloro-m.xyh.me (S) aO% 60-130 1 03/20/06 MY 03/21/06 MY
Decachloroblphenyl (S) 60% 50-150 1 03120/06 MY 03/21/06 MY
AnalysIs Desc: EPA 6020 Metals SCAN Preparatlon Method: EPA3051
by ICP/M5 (S) Analyllcal Method: EPA 6020
Arsenic 0.37 mg/Kg 0.14 0.028 1 03122/06 ZS 03/22/06 ZS
Report 10: 615455 -155350
3/23/2006
FDOH# E86546
CERTIFICATE OF ANALYSIS
This report shall not be reprodu~d, except In full.
wilbout the wrllten consent of Jupiler Environmental Laboralorles, Inc,.
.;:'i'~~~,.:;M .f.g1" ~t~~~~
~ne ac,',
72-54-8
72-55-9
50-29-3
309-00-2-
319-S4-6
5103-71-9
319-85-7
319-S6-8
60-57-1
959-98-6
33213-65-9
1031-07-8
72-20-8
7421-93-4
53494-70-5
58-89-9
12789-03-6
7644-8
1024-57-3
72-43-5
8001-35-2
877 -OS-8
2051-24-3
7440.38.2
Page 4 of5
Agenda Item No. 170
June 12. 2007
Page 146 of 189
~"".
,,'
~.
.(t-.
JupIter
Envlrnnmenl.lJ L.lbomrorlesJ Inc..
Jupiter EnvIronmental Labora1otlos, Inc.
150 S. Old Dixie Highway
Jupiter, FL 33458
Phone: (561 )575-0030
Fax: (561)575.4118
ANALYTICAL RESULTS
LOG# 615455
Project 10: C11118 Livingston Road
Lab 10:
Sample ID:
Soll/Solld/Sedlmen!
615455002
56.2
Date Received: 3/21/2006
Date Collected: 3/16/2006
MatrIx:
Parameters
OF Prepared By Analyzed By
CAS
Results Units
Report limIt
MOL
Sen:-Ivolatlles by GC
Analysis Dasc: EPA 8081 by GC (S)
PreparfiUon ~elhod: EPA 3545
Analytical Melhod: EPA 8081 (GC)
4,4'.ODD U uglKg 0.500 0.100 1 03120/06 MV 03/21/06 MV
4,4'-ODE 2,40 ug/Kg 0.500 0.100 1 03/20/06 MV 03/21/06 MV
4,4'.00T U ugfKg 0.800 0.160 1 03/20106 MV 03/21/08 MV
Aldrin U ug/Kg 0.480 0.096 1 03/20/06 MV 03/21/06 MV
alpfla-BHC U uglKg 0.345 0.069 1 03/20/06 MY 03/21/06 MV
alpha.Chlordane 14.9 uglKg 0.295 0.059 1 03/20106 MY 03/21106 MV
be1a.BHC U ug/Kg 0.370 0.074 1 03/20/06 MY 03/21/06 MV
della.BHC U uglKg 1.25 0.250 1 03/20106 MY 03121/06 MY
DIeldrin 2.16 ug/Kg 0.400 0.080 1 03/20/06 MY 03/21/06 MY
En'dosulfan I U ug/Kg 0.255 0.051 1 03/20/06 MY 03/21/06 MY
Endosulfan II U ug/Kg 0.475 0.095 1 03/20/06 MY 03/21106 MY
Endosulfan sulfate U uglKg 0.650 0.130 1 03/20/08 MY 03121106 MV
Endrln U ug/Kg 0.550 0.110 1 03/20/06 MY 03/21/06 MV
Endrin Aldehyde U uglKg 0.355 0.071 1 03/20/06 MY 03/21/06 MY
Endrln Ketone U ug'Kg 0.340 0.066 1 03/20/06 MY 03/21106 MY
gamma-sHe (Lindane) U ug/Kg 0.750 0.150 1 03/20106 MY 03121/06 MY
gamma~Chlordalle 18.1 ug/Kg 0.360 0.072 1 03/20/06 MV 03/21/06 MY
Heptachlor U ug/Kg 0.500 0.100 1 03120/06 MV 03/21/06 MY
Heptachlor epoxlde U ug/Kg 0.365 0.073 1 03/20106 MV 03121105 MY
Methoxychlor U ug/Kg 1.10 0.220 1 03120/06 MV 03/21/06 MY
Total Chlordane 33.0 ug/Kg 0.295 0.059 1 03120106 MV 03/21/06 MY
Total Toxaphene U ug/Kg 15.0 3.00 1 03/20/06 MV 03/21/06 MV
Tetrachloro-m-xylene (S) 54 % 50-130 1 03/20/06 MV 03/21/06 MV
Decachlorobiphenyl (S) 40 % 50-150 1 03/20/06 MV 03/21/06 MY
Analysis Desc: EPA 6020 Metals SCAN PreparaUon Method: EPA 3051
by ICP/MS (S) Analytical Method: EPA 6020
Arsenic 1.2 mg/Kg 0.14 0.026 1 03/22106 ZS 03/22/06 ZS
Report ID: 615465 ~ 155350
3/2312006
FDOHfI E86546
CERTIFICATE OF ANALYSIS
ThIs report shah not be- reproduced, exceptln rull,
withoullha Wfllten eonBijnl of Jupiter EnvlrOllmenlllllllllboratorles. Inc..
{h~l~i~>,
Qual
72.54-8
72-55-9
50-29-3
309.00-2
319-B4-6
5103-71-9
319-ll5-7
319.86-8
60-57-1
959-98-8
33213.65-9
1031-07-6
72-20-8
7421-93-4
53494-70-5
58-89-9
12788-03-6
76.44.6
1024-57-3
72"43-5
8001-35-2
677.09.8
2051-24-3
7440-38-2
Page 5 of 5
Agenda Item No. 17D
~ ENVIRONMENTALRISKMANAGEMENT,INC,~ 'A A A
., Licensed Engineering and Geology Firm. Assessment & Remediation consu,tanll!.i:lk ,
Landscape Florida
12745 Livingston Road
Naples, Florida 34105
RE-SUBMITTAL
PUDZ-2005-AR-7588
PROJECT #2004090068
DATE: 11/30/05
MICHAEL DERUNTZ
Sampling Services
PREPARED FOR:
Mr. Dick Evans
Landscape Florida
12745 Livingston Road
Naples, Florida 341 05
PREPARED BY:
Environmental Risk Management, Inc.
ERMI File No. Cllll A
October 20, 2005
Headquarters.. 15248 Tamlaml Trail South #800 ~ Fort Myers, Florida 33908
1-888-ENV-MGMT (1-888-368-6468) .. Fa~ 1-888-368-6329.. www.erml.net
E;WIIWNMENHL JUSK "1.4^:~GEMENr, lNC .; Oclober 20,~OOS
Sampling SCl'l"i{.'t!s .. l(md~ct7pe Pwrido,. 12US I.il'iJrg.~"on RomE; -Nrrple,\', FUJI'it/a "
Agenda Item No. 17D
June 12, 2007
Page 148 of 189
CERTIFICATION
FOR
PHASE II ENVIRONMENTAL SITE ASSESSMENT
Landscape Florida
12745 Livingston Road
Naples, Florida 34105
ERMI File No. C111lB
PROFESSIONAL GEOLOGIST CERTIFICATION
Environmental Risk Management, Inc. hereby certifies th6 reliability and accuracy of the
services performed in this investigation, and the information presented in this report. This report
is based Qn professional services that were cQnducted using sound geologic principles and
"Standard of Industry" practices. The party to whom this report is addressed may rely upon the
contents of this report. Data derived through sampling and subsequent laboratory analysis are
extrapolated to render an opinion about overall subswface conditions. Actual conditions in areas
not tested may differ from those inferred to exist. I do not attest to the accuracy of items outside
the area of my expertise, including, but not limited to, laboratory analysis.
Prepared by
Environmental Risk Management, Inc.
15248 Tamiami Trail South, Suite 800
Fort Myers, Florida 33908
Signed,
~~
Stanley J. Rutka, p, G.
Licensed Professional Geologist
October 20, 2005
~ ENVIRONMENTAL RISK MANAGEMENT, INCZit
., L""""'" ",,-.. "" Go"" Fl<m . A.~'m"" . R.m_" """'."""'!i
October 20,2005
Mr. DickEvans
Landscape Florida
12745 Livingston Road
Naples, Florida
RE: Environmental Sel'\Iices
Landscape Florida
12745 Livingston Road
Naples, Florida
ERMI FDe No. C958A
Dear Mr, Evans:
Environmental Risk Management, Inc. (ERMI) has conducted environmental services at the
above reference facility. This report documents the scope of work, field procedures and findings
of this project.
PROJECT UNDERSTANDING
The following potential source of impact was previously identified:
· Agricultural operations, which represents a potential concern. The purpose of this
investigation is to collect a random soil sample for analysis of organochlorinated pesticides,
petroleum products and metals.
PROPOSED SCOPE OF WORK
ERMI perfonned the following scope of work
I. ERMI collected a random soil sample on the subject property from just below the root
zone (approximately one foot below grade) and submitted the samples to an FDEP
approved laboratOlY for analysis of organochlorinated pesticides using EP A Method
8081A, FL-PRO Method and 8 RCRA Metals analyses.
2. ERMl reviewed the- labomtmy results and cOITelated the quantitative finding with the
applicable environmental quality standards to assess the onsite soil quality at the sample
location, ERMI prepared this report to summarize 1he results of the investigation.
RESULTS
Soil Sample, 88-2 contained no detections of organochlorine pesticides. S8-2 also produced
date' s of Total Recoverable Petroleum Hydrocarbons (TRPH) at 108 mglkg, below the
ended
Headquarters <# 15248 Tamlaml Trail South #800 .. Fort Myers, Florida 33908
1-888-ENV-MGMT (1-888-368-8468) <# Fax 1-888-368-6329.. www.ermi.net
ENVIRONMENTAL RISK MANAGEMENT, INC _ ,Octokr 20, 2005
SmnpJ;llg Sel'l'i('c\' ., LllIul,,:cape Fkwitltl, J 2745 Lil1lng.\'lon kOlUl, NaplesJ F7ol'irla
Agenda Item No. 170
June 12, 2007
Page 150 of 189
target cleanup level for leachability of 340 mglkg. The lab results showed traces oftotal
Chromium, Arsenic, Barium and Lead in SS-2 (see Table 1). All of the metals, were observed to
be below applicable State of Florida soil cleanup target levels. Complete laboratolY analytical
results are presented in Attachment D.
CONCLUSIONS AND RECOMMENDATIONS
Based on the data collected during this investigation, no organchlorine pesticide constituents were
detected during the sampling event The investigation also detennined lhat lhe levels of RCRA-8
Metals and TRHP found, were not significant, nor exceeded any applicable State of Florida
StlUldard. ERMIconcludes that gross orglUlchloride pesticide impacts do not exist on lhe subject
property .
Please cohtact ERMl at (239) 415-6406 or toll free (888) 368-6468 if you have any questions or
would like to discuss this project.
Sincerely,
ENVIRONMENTAL RISK MANAGEMENT, INC.
4tud:.-.~. -/~
Barton J, Baker, CFEA, REP A
Project Manager
~~
Stanley J Rutka, P.G,
Principal Geologist
wwu;.emu:llet
HflMl File No. Cl11 lA
2
ENVIRONMENTAL RISK MANA(,1!."MENT, fNC. <#, Oc/ober 20, 2005
Sm1tpUug Sl!M,jce,~ rrI l.lfIu/sCtrJJI..' Flllrirl/I, 12745 Lil'illg.fjo);'Rmul, Nltpfes, Flornlit
Agenda Item No. 170
June 12, 2007
Page 151 of 189
Table 1: Summary of Laboratory Results
RCRA-8 Metals
n* indicates no SCTL based on leachability of groundwater
WIi'Ht.ermi.net
HRMi File N~ Cll11A
3
Agenda Item No. 170
11lnO 1? ?On7
Page 152 of 189
Attachment A
Sample Location Map
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I. ,_ "...... ....n,r-"7
Page 154 of 189
~
Attachment B
Field Log
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Agenda Item No. 170
June 12, 2007
Page 155 of 189
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Agenda Item No. 170
I np 1') ?nn7
Page 157 of 189
Attachment C
Laboratory Analytical Data
~
F-::-
JupIter
~n\l,rl1l...nAAfJI LlhorMOlffl!>. 1m:,
,
Agenda Item No. 17D
. June 12, 2007
J.p.., .nvl'DI1m.~!M\!"'i'~S.b~"f89
160 S. Old DI>ela Highway
Jupiter, FL 33458
Phona~ (S61)575'{)03D
Fax: [561)576-4118
Tuesday, Oclobar11, 2005
Bart Baker
Environmenlal Risk Management, Inc.
15248 Tamiaml Trail S.
Fort MY"IS, Fl33900
RE:
Project:
ProJ@ct 10:
514239
C1111A Landscape FL
Daa~ Bart Baker:
Enclosed Bre the analyUcal 'es\Jlls for ssmli'la(s) I'fJceived by the laDor8tOry on Thursday. Octaber 06, 2005. Resolts reported
hareln confonn to the most current NELAC alandards. where applicable. un'~s otherwlse narrated In the body of the !'aport.
The enclosQCl ChaIn of custody Is B component of (his packege and should be ~talned with the package and Incorporated
lhereln.
Resultg for all solid matrice.& are reported In dry weight unless otherwise noted. Results far allliq\lld matrices are analyzed as
received In the laboratory unlese: (Itherwlse noted.
Samples are disposed of aft~r 30 days of Ihefr recelpl by the laboratory unles5: archlevlng Is reQue~ted In wrlling. The laboratOly
main tains the right to charge storage fees for archJeve<l samples.
CertaIn analyses are subcontracted to outside. NELAC cert.lfied laboratorIes and aM designated on the report as follOW'S:
BMIE66048, ESCJE674B7, KNL/EB4D25, SUEB409.
A SIBtement of Qualffiers are available t.lpon request.
If)'(lll have any quesUons conCflmlng this report, p'!8ase feBI free to contact me.
31ncerety,
Kacia Baldwin
kbardwln@juplterlabs.com
Enelosurns
Page 1 of 5
REPORT OF LABORATORY ANALYSIS
This raport shrill ncrt be reprod~, except in full,
without lJte wrttlon t:on39'nl of Jupitar Environmental Laboratories, lnc,
-
.::.:.:
Project:
Jupiter
t::n~;rnl\mP.l1I,}1 Llhl1rarorl,,~} Ilw..
,
SAMPLE SUMMARY
514239
project 10: C1111ALande;cspe FL
Date Received
Agenda Item No. 170
JupKe' ""v1ronm.nl~ l"\II.~~~;r., fRO 7
150S.'~iilfbh!li.'''r.Iilwa189
JlIpflar, FL 33458
Phono: (561)576-003Q
Fill(; (861)5754118
~oblD
5142~900I
Sample ID
Data CoIIsct4XI
Matrix.
5S2
SoillSoJidiSedlmon 1014/200511:15 10/61200516:22
REPORT OF LABORATORY ANALYSIS
This I'&llOrt s'hallllol bB roproduced, exceptIo ful~
withoUt tIllJ wrlttsn con$snl of Jupiter Erwlronmental Uibol1ttOriM. Inc.
Page 2 of5
.
Project:
?rojectlo:
JupIter
tnViHJI'lll'lP.llt.ll Ldmr:ltotip.,". Inc:.
Agenda Item r"o. 170
J,.o., Envl,"n"'.n~' d.\l~,\I\Cl~'. ?h~~ 7
15' s'tlWoilo~\!'~.r9
J(lpitsf, FL 33458
PhonQ: (561 )575.0D30
Fax: (561}5?5-411B
514239
C1111A Landscaps FL
,
SAMPLE ANALYTE COUNT
Analytes
Reported
Lab 10
514239001
Sample ID
MethOd
S82
EPA 6020
EPA 80a 1 (GC)
Floride PRO (GC)
REPORT OF LABORATORY ANALYSIS
Thin report shall "01 be raprodl,lood, 9x09plln full,
wilhout the wrltlen cornwnt of Jupiter Envlronmentallaboratmlas, Inc.
a
24
3
Pege3of5
-
If1F".
JupIter
t!nVllnl1l1'19lu.ll L,hnr;lfOllfll>. Inc.
ProJacl: 514239
P'oJacIIO: C1111A Landscape FL
SOU~ results am reportad on a tfry weight basis,
'-"biD:
Sample ID:
514239001
582
Paramekn&
GC Ftasfidde.
Preparation Method: EPA 3545
EPA BOB1 by GC (S) LIst
4.4'-000
4,4'.00E
4,4'-DOT
Aldrin
alpha-SHC
alpha-Chlordane
beta-SHe
delta~aHC
Dieldrin
Endosulfan I
Endosulfao II
EndoSlutfan sulfate
Endrin
EndM Aldehyde
Endrin Ketone
gamma-SHe (lindanE!)
gamn'la.Chlordane
Heptachlor
Heptachlor epoxlde
Methoxychlor
Total ChlOrdane.
Total Toxaphene
Tetmchloro.m-xyfen& (5)
Oecaehloroblphenyf (S)
General Chromatoaranhv
PrGparaflon Method: EPA 3546
Floriaa PRO by GC (S) List
Florida PIO Total
0- Terphenyl (S)
Nonah1acontane (S)
0.1", 10/1112005
Oale CoIlacled:
Date ReceJV'$d:
Retulte Units
U uglKg
U ufl/Kg
U u(JIKg
U ugIKg
U uglKg
U uglKg
U uglKg
U ug/Kg
U uglKg
U ufl/Kg
U ug/Kg
U uglKg
U uglKg
U uglKg
U ug/Kg
U ug/Kg
U uglKg
U uglKg
U ug/Kg
U uglKg
U ug/Kg
U ug/Kg
0%
0%
108 lng/Kg
58 %
98 %
ANALYTICAL RESULTS
Report LimIt
2.00
2.00
2.00
2.00
2.00
2.00
2.00
2.00
2.00
2.00
2.00
2.00
2.00
2.00
2.00
2.00
2.00
2.00
2.00
2.00
2.00
200
50-130
50-150
1.00
20-150
20-150
10/41200511 :15
10/<ll200516:22
DF Pr~j:lared
20 10/712005
20 1017/2005
20 1017/2005
20 10/7/2005
20 10/7/2005
20 10/7/2005
20 10/7/2005
20 10/7/2005
20 10/7/2005
20 101712005
20 10/7/2005
20 10/7/2005
20 10/1/2005
20 10/7/2005
20 10/7/2005
20 1017/2005
20 10/7/2005
20 1017/2005
20 10/7/2005
20 101712005
20 10/7/2005
20 10/7/2005
20 101712005
20 '10/7/2005
1 10/10/2005
1 10/10/2005
1 10/1012005
,.
MatrllC
Agenda Item No. 170
Ju_ E""'"",,,,onlol LWOIiito1tO., iWIJ7
150ISillIll>l.liii1lf~~9
Jupllar, Fl33456
Phone: (561)575-0030
Fmc (661)576-4118
SolllSolld/Sedlmont
By Anolyz.a
YL 10110/2005
YL 10/10/2005
YL 10/10/2005
YL 10/10/2005
YL 10/10/2005
YL 10110/2005
YL 10/10/2005
YL 10/10/2005
YL 10/10/2005
YL 10110/2005
YL 10110/2005
YL 10/1012005
YL 1011012005
YL 10/10/2005
YL 10/10/2005
YL 10110/2005
YL 10/10/2005
YL 10110/2005
YL 10110/2005
YL 10/10/2005
YL 10/10/2005
YL 10/10/2005
YL 1011012005
YL 10/10/2005
JC 10110/200~
JC 10110/2005
JC 1011012005
REPORT OF LABORATORY ANALYSIS
This report shall not be reprodUced. 9X08JJt In full.
without the writttn ronssnt of Jupiter EnVlronmerllill Labom~oriQS, Inc.,
By CAS No,
Qual R$glmt
YL 72-54-8
YL 72-55-9
YL 50-29-3
YL 309.00-2
YL 319-84-6
YL 5103-71-9
YL 319-B5-7
YL 319-85-6
YL 60-57-1
YL 959-UB-8
YL 33213-65-9
YL 1031-07-6
YL 72-20-8
YL 7421.93-4
YL 53494-70.5
YL 56-69-9
YL 12789-03-6
YL 76-44.8
YL 1024-57-3
YL 7243.5
YL
YL 8001-35-2
YL 877-09.8
YL 2081-24-3
JC
JC 84-15-1
JC 7194-65-7
Page 4 of 5
P,
. "'.>":-
.. .,-~'
Jupiter
En\'imnmenf.11 r.,lbnr"'IOlip.~, IllC.
,
Agenda Item No. 170
June.1;2,2007
Jl..lpltM En"'lronmeQ~!M~D9'~"f89
150 S, Old DbrlQi Highway
Jupiter, FL 33458
PhOflG: (561}675-<1D30
/"ax:(561)575-4118
ANALYTICAL RESULTS
Project; 514239
Project 10: Cl111ALand.capeFL
SoUd ra6ult~!l"8re reported on a dry weight basis.
LeblD:
SamplelD:
514239001
582
Oal. Collected:
Date Recelv8d:
1014/200511;15
10/6/200516:22
Matrix:
SolllSolld/Sedll1M:llit
Parameters
Results UnIts
Raport L1mrt
OF Prepared
By AnalYZed
By CAS No.
Qual Reglml
.MIW!llI
Preparation MBlhod: EPA 3051
EPA 8(120 RCRA-S Metals by ICP/M8 (S) List
Chromium 4.1 mo/Kg 0.050 1 101712005 ZS 101712005 is 7440~7-3
Menlo 0.75 mgiKg 0.14 1 101712005 ZS 101712005 ZS 7440-38.2
Selenium U mglKg 0.060 1 10/712005 ZS 1017/2005 ZS 7782~9.2
SIlver U mg/Kg 0.050 1 10/7/2005 ZS 1017/2005 ZS 7440.22-4
cadmium lJ mglKg 0.010 1 10/712005 Z5 10/7/2005 Z5 7440-43-9
Barium 6.7 mglKg 0.0050 1 10/7/20(15 ZS 10/7/2005 ZS 7440-39-3
Mel'Cuty U mglKg 0.050 1 10/712005 ZS 10/7/2005 ZS 7439.97-6
lead 2.1 mg/Kg 0.050 1 10/712005 ZS 10/7/2005 ZS 7439-92-1
Date, 1011112006
Page 5 of 5
REPORT OF LABORATORY ANALYSIS
This rElporl 'Mil not be reproduced,oxC9plln full,
w~hout thlit wfitten torllnml of Jupiter Envlronmentallaboratcr1a9.. lITe..
I
/
Agenda Item No. 170
June 12, 2007
Page 163 of 189
:~
Appurtenant Easement Agreement regarding Buffering and Maintenance
Between the developers of the Evans CPUD (Evans)
and the Kensington Park Master Association (KPMA).
In order to address the potential issues of visual and noise relief with respect to
the Evans PUD, the property owners agrees to proYide the following items for the
benefit of the Kensington Park Master Association and Its members:
1, In lieu of a 6 foot privacy wall that would be place 235 feet East of the
common property line between Kensington Park and the Eyans CPUD,
the developer has agreed to the following planting and maintenance items:
a, The hedge area East of the existing fence shall be irrigated and
maintained (fertilized, trimmed and irrigated,) subject to the granting
of appropriate cross aCCess easements strictly for the purpose of
maintenance and irrigation being executed by KPMA. Evans
CPUD, its successors, or assignees shall haye the obligation 10
replace the hedge as it become necessary.
b, Irrigation for the ficus hedge will be provided by the Evans CPUD or
it's successor owners.
c. The existing ficus hedge shall be trimmed and maintained at a
height of 13.5 feet from the top of the berm in order to provide
additional visual relief to the KPMA from future development of the
Evans CPUD, The hedge will be continued from its present
southern terminus to a point approximately 125 feet south of the
start of the Wellington community to ensure consistent coverage,
d. A Type B landscape buffer per Collier County standards shall be
planted adjacent to the Gammon property line and Irrigated
properly. The purpose of the buffer will be to provide visual relief
from the base of the landscape berm to "fill in" the existing gaps at
the base of the hedge on the Kensington landscape berm, This
buffer will be planted at the time of development and will be
maintained in accordance with Collier County LDC requirements for
a Type B buffer,
e. Items 1.a. through 1.d. shall be initiated upon approval of the
rezone of the Evans CPUD which shall not Include a provision for a
privacy wall to be constructed,
f. Any and all liability with respect to the maintenance, including, but
not limited to, the fertilizing, trimming and irrigation should be borne
by Evans CPUD, its successors, or assignees.
2, The developer of the Evans CPUD agrees to inform any successor owner
of this agreement prior to the sale of the land and shall provide the KPMA
with a signed transfer of this agreement consistent with the sale of the
project. Successor owners shall be bound to the same criteria.
3. This agreement wiIJ be recorded In Collier County upon execution by both
parties,
REV: 4
Exhibit D - Easement Agreement
PUDZ_2005-AR-7588
PROJECT #2004090068
DATE: 217107
MICHAEL DERUNTZ
~
Evans pun
Transportation Impact Study
Prepared For
Richard Evans
12745 Livingston Road
Naples, FL 34105
(239) 643-6124
Prepared hy
Davidson Engineering, Inc.
2154 Trade Center Way
Naples, Florida 34109
January 2005
JeffL. Davidson, P.E.
.
Agenda Item No. 170
June 12, 2007
Page 164 of 189
Agenda Item No. 170
June 12, 2007
Page 165 of 189
Introduction
Evans PUD is a +/- 6.00 acres proposed commercial PUD located at 12745
Livingston Road, approximately 2.0 miles south of Pine Ridge Road. The project
is part of a property totalling 17.85 acres. Howeyer the reminder of the property is
not subject to the requested PUD rezone. The project is located in Section 13,
Township 49, Range 25, and Collier County, Florida.
Existing Conditions
The project site is currently developed with trailer for the offices of a commercial
landscape nursery. The nursery is located on the reminder of the oyerall property.
Proposed Improvements
A total 52,000 SF of general and medical office buildings are proposed to be built
at project site. Associated pavement, roadway, parking, storm water management
area and utilities are also proposed.
Trip Generation
Trip generation rates are deriyed from the Institute of Transportation Engineers
publication, Trip Generation Sixth Edition. Various Land Use Categories and
their associated square footages used for the project are listed below.
A) Number of units (i.e. dwelling units, square feet, etc.)
The total number of units for the General Office on this site is 26,000 SF.
The total number of units for the Medical Office on this site is 26,000 SF.
B) Description of development and ITE category for trip generation.
This project is a commercial use development. The ITE category used for
this trip generation is General Office Building (LUC 710) and Medical-
dental Office Building (LUC 720).
Agenda Item No. 170
June 12, 2007
Page 166 of 189
Trip ~neration
Table J
General Office Building (LUC 710)
(X ~ 26)
Period Equation Trip Generation Enter Exit
Weekday LN(T) - 0.768 LN(X) + 472 (50%) (50%)
3.654 236 236
I ! .
AM Peak LN(T) = 0.797 LN(X) + 64 (88%) (12%)
1.558 56 8
--,~-_....._~,...__... ,.. ----..-....- .. ------ ------ ---_.-, -~
PM Peak (T) = 1.121(X) + 79.295 108 (17%) (83%)
18 90
Table 2
Medical-Dental Office Building (LUC 720)
(X ~26)
Period
Equation
LN(T) - 40.892(X)-
214.97
Trip Generation
AM Peak
Average Rate (2.43)
-I -LN(T) = 0.921LN(X) +'
1.476
63
Enter
(50%)
424
(80%)
50
-'-- ---- ___no
(27%)
24
Exit
I (50%)
424
~-_._~
1 (20%)
I 13
I (73%)
64
Weekday
848
PM Peak
88
C) Total trips generated for the Average Annual Daily Traffic (AADT)
and the AM and PM peak hours.
Total trips generated for the Average Annual Daily Traffic (AADT) and the AM
and PM peak hours are listed in the chart below.
Calculated Traffic Entering Exiting Total
AADT 660 660 1320
AM Peak Hour Traffic 106 21 127
PM Peak Hour Traffic 42 154 196
Table 3 Site Generation
Land Use Calculated Pass-by Entering Exiting Total P.M Peak Hour
Total and Non Pass-by External
Trips Internal Trips
Capture
Rate
Office Use 196 0.00% 42 154 196
. P.M peak hour trips are calculated with 0.00% pass-by rate and 0.00% internal capture rate
Table 4 Total P.M Peak Hour Non Pass-by External Project Trips
I
Agenda Item No. 170
June 12, 2007
Page 167 of 189
Trip Distribution and Influential Area
We feel that 50% existing/entering trips will head south along Liyingston RD to
Golden Gate Pkwy and 50% existing/entering trips will head north along the
Livingston RD to Pine Ridge RD.
At the intersection of Livingston RD & Pine Ridge RD, 20% go west along Pine
Ridge RD, 20% go east along Pine Ridge RD, and 10% go north along Livingston
Rd.
At the intersection of Livingston RD & Golden Gate Pkwy, 20% go west along
Golden Gate Pkwy, 20% go east along Golden Gate Pkwy, and 10% go south
along Livingston RD.
Trip distribution and study area shown in Figure I. Impacted roadway segments
are listed in Table 5. Table 6 is the added AADT to existing roadway segments.
a e mpacte egments
Station # Roadway Direction From/to Peak *Service %of
Name Hour Volume Service
Project Volume
Trips
690 Liyingston N orthl North of 98 2710 3.62%
Road South Golden
Gate Pkwy
600 Pine Ridge West/ West of 39 2710 1.44%
Road East Logan Blvd
691 Golden Gate West! East of 39 1800 2.17%
Pkwy East Liyingston
* Peak hour peak direction service volumes are derived from ARTPLAN. See
attached Art Plan analysis.
T bl 5 IdS
able Added A to mpacte 03 way euments
Station # Roadway Name Direction From/to Added
AADT
690 Livingston Road North! North of Golden 660
South Gate Pkwy
600 Pine Ridge Road West! West of Logan Blyd 264
East
691 Golden Gate Pkwy West! East of Llyingston 264
East
T
6
ADT I
dR d
S
196X20%= 39 TRIPS
.
39<271OxO.03 81
PINE RIDGE ROAD
20%
.
~
I
PROJECT SITE
~
LIVINGSTON ROAD LOS PEAK
HOUR PEAK DIRECTION=27101RIPS
PINE RIDGE ROAD LOS PEAK
HOUR PEAK DIRECTION=271 Q
TRIPS
GOLDEN GATE PKWY LOS PEAK
HOUR PEAK DIRECTION=lBOQ
TRiPS
MAXIMUM PEAK HOUR GENERATED TRIPS
TRIP DISTRIBUTION AND
TRAFFIC IMPACT AREA
GOLDEN GA TE PKWY
.
196X207,=39 TRIPS
.
39<1800xQ,03- 54
207,
Agenda Item No. 170
June 12, 2007
Page 168 of 189
~1
~1~
~~
o
~~
"0
gr::
N
x V
WO
ON
196X207,=39 TRIPS
.
39<271 OxO.03- 81
PINE RIDGE ROAD 2003 BACKGROUND AADT;39,563 'WITH A LOS~C
PlNE RIDGE ROAD 200& PROPOSED AADT=4&,063 'WITH A LOS;D
207,
~1
J
~ co
~ "
~~
roO
09
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~ N
X ^
g~
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w"
Ow
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~~
< 0
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zo
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aD
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o
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< 0
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Z 0
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oz
z
-;:
"
Cl
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,~
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om
~l
207,
---------
GOLDEN GATE P'WKY 2003 BACKGROUND AADT;28,860 I,,'lTH A LOS=[
GOLDEN GATE PKVY 2001", PROPOSED AADT~29,999 \.lITH A LOS=D
~l
196X20%= 39 TRIPS
39<1800xO.03 54
.
~
Q ro
~,J;
o
o
N9
~o
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WO
ON
Figure 1 Trip Distribution and Study Area
Agenda Item No. 170
June 12, 2007
Page 169 of 189
Existing Traffic
Existing traffic counts were derived from Collier County Department of
Transportation Traffic Counts, dated January 2004. LOS Ratings were derived
from FDOT's ART Plan based on site specific analysis.
Table 7 Existin Traffic Counts (2003)
Segment Roadway Direction From/to Section # AADT LOS
# Name
1 Livingston North! North of 690 20,947 C
Road South Golden
Gate Pkwy
2 Pine Ridge West/ West of 600 39,563 C
Road East Logan Blyd
3 Golden Gate West! East of 691 28,860 D
Pkwy East Livingston
Site Impact Analysis
Based on an average annual background growth factor of 10.0% for Liyingston
RD, 5.00% for Pine Ridge RD, 1.00% for Golden Gate Pkwy per Collier County
Traffic Counts date Jan 2004, the 2006 proposed background AADT for impacted
roadway are listed in Table 8 with % impact of LOS C and future roads' level of
servIce.
Table 8 Proposed Conditions Analysis
Segment Roadway Section 2006 2006 % Future Future
# Name # AADT AADT Impact LOS LOS
Without With of LOS w/Project
Pro i ect Proiect C
1 Livingston 690 27,881 28,541 1.64% C C
Road
2 Pine Ridge 600 45,799 46,063 0.66% D 0
Road
3 Golden 691 29,735 29,999 1.02% D D
Gate Pkwy
Agenda Item No. 17D
June 12,2007
Page 170 of 189
CONSISTENCY WITH GMP
The project is consistent with the following policies of the Traffic Circulation
Element of the Growth Management Plan as follows:
. Policy 1.3 - Project does not affect any roadways sited in this
policy.
· Policy 1.4 - Project does not affect any roadways sited in this
policy.
. Policy 4.4 - Deyeloper will provide sidewalks per this policy.
· Policy 5.1 - Project does not significantly impact any roadways.
· Policy 5.2 - Project does not exceed 5% impact on the operating
leyel of any roadway.
. Policy 7.2 - Project does not significantly impact any surrounding
neighborhood streets.
· Policy 7.3 - The project will be designed in a manner to promote
safe and conyenient on-site traffic flows and adequate parking
availability.
CONCLUSION
Based on a LOS C yolume of 40,300 on Livingston RD, the proposed site's
additional traffic trips would have a maximum impact of 1.64%. This site
development project will have neither short-term nor long-term negative impact to
the existing roadway.
,
Agenda Item No. 170
June 12, 2007
Page 171 of 189
. ;1,
,
Appurtenant Easement Agreement regarding Buffering and Maintenance
Between the developers of the Evans CPUD (Evans)
and the Kensington Park Master Association (KPMA).
In order to address the potential issues of visual and noise relief with respect to
the Evans PUD, the property owners agrees to provide the following items for the
benefit of the Kensington Park Master Association and its members:
1, In lieu of a 6 foot privacy wall that would be place 235 feet East of the
common property line between Kensington Park and the Evans CPUD,
the developer has agreed to the following planting and maintenance items:
a, The hedge area East of the existing fence shall be irrigated and
maintained (fertilized, trimmed and irrigated,) subject to the granting
of appropriate cross access easements strictly for the purpose of
maintenance and irrigation being executed by KPMA. Evans
CPUD, its successors, or assignees shall have the obligation to
replace the hedge as it become necessary.
b. Irrigation for the ficus hedge will be provided by the Evans CPUD or
it's successor owners.
c. The existing ficus hedge shall be trimmed and maintained at a
height of 13.5 feet from the top of the berm in order to provide
additional visual relief to the KPMA from future development of the
Evans CPUD. The hedge will be continued from its present
southern terminus to a point approximately 125 feet south of the
start of the Wellington community to ensure consistent coverage,
d. A Type B landscape buffer per Collier County standards shall be
planted adjacent to the Gommon property line and irrigated
properly. The purpose of the buffer will be to provide yisual relief
from the base of the landscape berm to "fill in" the existing gaps at
the base of the hedge on the Kensington landscape berm. This
buffer will be planted at the time of development and will be
maintained in accordance with Collier County LDC requirements for
a Type B buffer.
e. Items 1,a. through 1,d. shall be initiated upon approval of the
rezone of the Evans CPUD which shall not include a provision for a
priyacy wall to be constructed.
1. Any and all liability with respect to the maintenance, including, but
not limited to, the fertilizing, trimming and irrigation should be borne
by Evans CPUD, its successors, or assignees.
2. The developer of the Evans CPUD agrees to inform any successor owner
of this agreement prior to the sale of the land and shall proYide the KPMA
with a signed transfer of this agreement consistent with the sale of the
project. Successor owners shall be bound to the same criteria.
3. This agreement will be recorded in Collier County upon execution by both
parties.
~
.
Evans CPUD
Richard Evans, Property Owner
~~~
Signature
//kk
, Date
gton Park Master Association
" e
!{ fN jitle
Agenda Item No. 170
June 12, 2007
Page 172.of 189
I), ~ !lARlESHEIIIDAN
'*, : - MY COMMISSION' DO 466249
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ORDINANCE NO. 07-
AN ORDINANCE OF TIlE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, 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
HEREIN DESCRIBED REAL PROPERTY FROM THE
RURAL AGRICULTURE "A" ZONING DISTRICT TO A
COMMERCIAL PLANNED UNIT DEVELOPMENT
"CPUD" ZONING DISTRICT, TO DE KNOWN AS THE
EVANS CPUD, PROPOSING MEDICAL AND
PROFESSIONAL OFFICES AND NON-COMMERCIAL
INDOOR STORAGE USES, WITH A MAXIMUM OF
52,OOll SQUARE FEET GROSS LEASABLE FLOOR
AREA LOCATED, IN SECTION 13, TOWNSHIP 49
SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA, CONSISTING OF 6.01 ACRES; AND BY
PROVIDING AN EFFECTIYE DATE.
WHEREAS, Kelly Smith of Davidson Engineering, Inc., representing Richard H.
Evans, petitioned the Board of COllnty 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, tbat:
SECTION ONE:
The zoning classification of the herein described real property located in Section
13, Township 49 South, Range 25 East, Collier County, Florida, is changed from a Rmal
Agriculture "A" Zoning District to a Commercial Planned Unit Development "CPUD"
District, to be known as the Evans CPUD, proposing medical and professional offices
and non-commercial indoor storage, with a maximum of 52,000 square feet gross
leasable floor area in accOrdtUlCe with the Evans CPUD Document, attached hereto as
Exhibit "A" and incorporated by reference herein. The appropriate zoning atlas map or
In<:lpS as described in Ordinance Number 2004A 1, as amended, the Collier County Land
Development Code, is/are hereby amended accordingly.
SECTION TWO:
This Ordinance shall become effective upon filing with the Florida Depm1ment of
State.
Iof2
+f(::rf)
~. \'\d-~
PASSED AND DULY ADOPTED by super~majority vote by the Board of
County Conunissioners of Collier County, Florida, this ~ day of
.2007.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
JAMES N. COLETTA, CI-JAlRMAN
, Deputy Clerk
Approved as to form and
legal sufficiency
m,~,i..,m. OJ-Ur?I'.J-~
Maljori . StndentwStlrlillg ,
Assililant County Attorney
PUOlrZ005-AR-7588fMDls[)
2012
Agenda Item No. 170
June 12, 2007
Page 173 of 189
EVANS CPUD
A
COMMERCIAL PLANNED UNIT DEVELOPMENT
6.0:t Acres Located in
Section 13, Township 49 South, Range 25 East
Collier County, Florida
PREPARED FOR:
Mr. Richard H. Evans
Evans Holdings, LLC
c/o Landscape Florida
12745 LiYingston Road
Naples FL 34105
PREPARED BY:
Davidson Engineering, Inc.
2154 Trade Center Way: Suite 3
Naples FL 34109
DATE REVIEWD BY CCPC
DATE APPROVED BY BCC
ORDINANCE NUMBER
AMENDMENTS AND REPEAL
Exhibit A
TABLE OF CONTENTS
PAGE
LIST OF EXHIBITS
STATEMENT OF COMPLIANCE
SHORT TITLE
SECTION I: PROPERTY OWNERSHIP & DESCRIPTION
SECTION II: PROJECT DEVELOPMENT REQUIREMENTS
SECTION III: COMMERCIAL AREAS PLAN
SECTION IV: DEVELOPMENT COMMITMENTS
2
,
Agenda Item No. 170
June 12, 2007
Page 174 of 189
3
4
5
6
8
15
17
EXHIBIT "A"
Agenda Item No. 170
June 12, 2007
Page 175 of 189
LIST OF EXHIBITS
CPUD Master Plan
3
Agenda Item No. 170
June 12, 2007
Page 176 of 189
STATEMENT OF COMPLIANCE
The purpose of this Section is to express the intent of Richard H. Eyans, hereinafter
referred to as the deyeloper, to create a Commercial Planned Unit
Deyelopment (CPUD) on 6.0:t acres of property located in Section 13, Township
49 South, Range 25 East Collier County, Florida. The Planned Unit Deyelopment
shall be known as the Eyans CPUD. The deyelopment of this site shall comply with
the planning goals and objectiyes of Collier County as set forth in the Growth
Management Plan (GMP). The development shall be consistent with the policies
and land deyelopment regulations adopted under the GMP Future Land Use
Element and other applicable regulations for the fOllowing reasons:
1. The subject property is within the LiYingston Road Commercial Infill
Subdistrict of the Urban Designation as identified on the Future Land Use
Map. This Subdistrict allows professional and medical offices and non-
commercial indoor storage by occupants of the building(s) to serve
surrounding residential areas within a convenient trayel distance to the
subject property.
2. The project deyelopment is compatible and complimentary to
surrounding land uses as required in Policy 5.4 of the Future Land Use
Element.
3. All final local development orders for this project are subject to Sections
6.02.01 and 10.02.07, Adequate Public Facilities, of the LDC, as required by
Objective 2 of the Future Land Use Element.
4
.
Agenda Item No. 170
June 12, 2007
Page 177 of 189
SHORT TITLE
This Ordinance shall be known and cited as the "Evans Commercial Planned Unit
Development Ordinance."
5
Agenda Item No. 170
June 12, 2007
Page 178 of 189
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 deyeloped under the project nome of the Eyans CPUD.
1.2 LEGAL DESCRIPTION
The subject property being 6.0:t acres, is located in Section 13, Township
49 South, Range 25 East. and is fully described os:
Kensington Park Sub-parcel A-2-5
Commence at the southeast corner of Section 13, Township 49 South,
Range 25 East and run north 88056'26" west, along the south line of said
Section 13, for 100.03 feet; thence run north 00009'47" west for 1367.15 feet:
to the Point of Beginning; thence run south 89050' 13" west for 410.00 feet;
thence run north 00009'47" west for 658.21 feet; thence run north 89050'13"
east for 235.00 feet; thence run south 00009'47" east for 425.36 feet; thence
run north 890'13" east for 175.00 feet; thence run south 00009'47" east for
232.85 feet; to the Point of Beginning, 011 lying in and being 0 port of
Section 13, Township 49 South, Range 25 East, containing 195.428 square
feet. or 4.486 acres more or less.
Together with:
Kensington Park Sub-parcel A-4
Commence at the southeast corner of Section 13, Township 49 South,
Range 25 East and run north 88056'26" west along the south line of said
Section 13, for 100.03 feet; thence run north 00009'47" west for1600.00 feet;
thence run south 89050' 13" west for 20.00 feet to the Point of Beginning;
thence continue south 89050' 13" west for 155.00 feet; thence run north
00009'47" west for 425.36 feet; thence run north 89050'13" east for 155.00
feet; thence run south 00009'47" east for 425.36 feet to the Point of
Beginning, 011 lying in and being 0 part of Section 13, Township 49 South,
Range 25 East, containing 65,930 square feet, or 1.51 acres more or less.
1.3 PROPERTY OWNERSHIP
The subject property is owned by Richard H. Evans.
1.4 GENERAL DESCRIPTION OF PROPERTY AREA
6
r
Agenda Item No. 170
June 12, 2007
Page 179 of 189
A. The subject property is located south of Eatonwood Lane and west of
LiYingston Road.
B. The subject property is zoned Rural Agricultural and is within the
LiYingston Road Commercial Infill Subdistrict of the Urban designation
of the Future Land Use Map of the GMP. It is proposed to be rezoned
to a commercial PUD for general and medical offices.
1.5 PHYSICAL DESCRIPTION
The subject property is currently developed as a landscaping business & nursery.
The site was legally cleared when the existing landscape nursery was
established. The project site is primarily located within the Main Golden Gate
Canal Basin and the 1-75 Canal Sub-basin according to the Collier County
Drainage Atlas. The entire site is located within FEMA Flood Zone "X" with no
base flood eleyation specified. Approximately 4.86 acres the property is subject
to a utility easement owned by FPL.
7
Agenda Item No. 170
June 12, 2007
Page 180 of 189
SECTION II
PROJECT DEVELOPMENT REQUIREMENTS
2.1 PURPOSE
The purpose of this Section is to generally describe the project plan ot
development and to identify relatianships to applicable County
ordinances, policies and procedures.
2.2 GENERAL DESCRIPTION OF THE PROJECT AND PROPOSED LAND USES
A. The Eyans CPUD is a 6.0i: acre mixed office development oriented
to serye surrounding residential areas within a convenient trayel
distance. The project shall consist of medical and professional
offices and non-commercial indoor storage by occupants of the
building(s).
B. The project shall contain a maximum of 52,000 square feet of gross
leasable area for mixed office and non-commercial storage uses.
2,3 COMPLIANCE WITH COUNTY ORDINANCES
A. Regulations for deyelopment ot the Eyans CPUD shall be in
accordance with the contents of this CPUD Document and
applicable sections of the LDC and GMP in effect at the time of
issuance of any deyelopment order to which said regulations
relate. Where this CPUD Ordinance does not proYide development
standards, then the proyisions of the specific sections of the LDC
that are otherwise applicable shall apply.
B. Unless otherwise defined herein, or as necessarily implied by
context, the definitions of all terms shall be the same as the
definitions set forth in the LDC in effect at the time of development
order application to which the definitions relate.
C. Development permitted by the approval of this CPUD will be
subject to the adequate public facilities proYisions of the LDC.
D. All conditions imposed herein or as represented on the Eyans CPUD
Master Plan are part of the regulations which goyern the manner in
which the land may be developed.
s
Agenda Item No. 170
June 12, 2007
Page 181 of 189
2.4 LAND USES
The location of land uses and general project configuration are shown on
the CPUD Master Plan, Exhibit A. Changes and variations in building,
location and square footage shall be permitted at the time of
development to accommodate utilities, topography, yegetation, and
other site and market conditions, subject to the provisions of the LDC. The
specific location and size of buildings and the assignment of square
footage or units shall be determined at the time of final site development
plan (SDP) approyal.
2.5 USE OF RIGHT -OF-WA Y
The deyeloper may place landscaping, sign age, Iighfing, water
management facilities, berms, decorative walls and fences, utilities or
decorative entry features within a priyate right-of-way within the Evans
CPUD, subject to permitting agency approyal.
2.6 SALES OFFICE AND CONSTRUCTION OFFICE
Sales offices, construction offices, and other uses and structures related to
the promotion, leasing and sale of real estate such as, but not limited to,
paYilions, parking areas, signs and associated utilities, shall be permitted
temporary uses throughout the Eyans CPUD. These uses shall be subject to
the requirements of the LDC. These uses may use temporary septic tanks
or holding tanks for waste disposal subject to permitting under Chapter
64E-6, Florida Administratiye Code. Potable water or irrigation wells may
be used.
2.7 PRELIMINARY SUBDIVISION PLAT PHASING
In the eyent platting is required, submission, reyiew, and approyal of
Preliminary Subdivision Plats for the project may be accomplished in
phases to correspond with the planned deyelopment of the property.
2.8 OPEN SPACE AND NATIVE VEGETATION RETENTION REQUIREMENTS
The FPL Easement Area may be utilized for access and storm water
management as permitted in the FPL right-of-way consent agreement by
and between Florida Power & Light Company, and Turner Eyans Tree &
Landscape.
The open space requirement of 30% shall be no less than 1.8 acres.
The subject property was legally cleared prior to 1975 for agricultural use,
therefore the native yegetation preseryation requirements do not apply.
2.9 SURFACE WATER MANAGEMENT
9
Agenda Item No. 170
June 12, 2007
Page 182 of 189
The water management system of the project shall be permitted by
Collier County. Surface water management facilities for the project shall
be designed according to South Florida Water Management District and
Collier County design standards. The system shall attenuate the 25-year, 3-
day storm eyent as well as meet current water quality treatment criteria.
2.10 ENVIRONMENTAL
A. Enyironmental permitting shall be in accordance with the State of
Florida Enyironmental Resource Permit Rules and be subject to
reyiew and approyal by the Environmental Seryices Staff. Remoyal
of exotic vegetation shall not be counted towards mitigation for
impacts to Collier County jurisdictional wetlands.
B. All Category I inyasiye exotic plants, as defined by the Florida
Exotic Pest Plant Council, shall be remoyed from within preserye
areas and subsequent annual remoyal of these plants, in
perpetuity, shall be the responsibility of the property owner.
C. This CPUD shall be consistent with the Environmental Sections of the
GMP Conseryation and Coastal Management Element and the
LDC in effect at the time of deyelopment order approval to which
these regulations relate.
D. This CPUD shall comply with the guidelines and recommendations
of the US Fish and Wildlife Service (USFWS) and Florida Fish and
Wildlife Conservation Commission (FWC) regarding potential
impacts to protected species on-site. A Habitat Management Plan
for those protected species shall be submitted to Enyironmental
Seryices Staff for review and approyal prior to final site
plan/construction plan approyal.
E. All applicable Agency (SFWMD, ACOE, FFWCC) permits shall be
submitted prior to final Site Plan/ Construction Plan approyal.
2.11 UTI L1TI ES
A. All necessary easements, dedications, or other instruments shall be
granted to insure the continued operation and maintenance of all
seryice utilities in compliance with applicable regulations in effect
at the time of deyelopment order approval.
B. Water distribution, sewage collection and transmission and interim
water and/or sewage treatment facilities to serye the project are to
be designed, constructed, conyeyed, owned and maintained in
accordance with applicable Collier County ordinances, rules, and
regulations.
10
Agenda Item No. 170
June 12, 2007
Page 183 of 189
2.12 TRANSPORTATION
Access to the property shall be from Livingston Road. Such access shall be
located :f:.775 feet south of the northerly property line with a right-in and
right-out access only.
Interconnection to the south shall be shown at the earlier of plat or SDP
approyal. The interconnection will be subject to on access and egress
agreement to be entered into with the property owner to the south.
All traffic control devices, signs, pavement markings and design criteria
shall be in accordance with Florida Department of Transporfafion (FDOT)
Manual of Uniform Minimum Standards (MUMS), current edition, FOOT
Design Standards, current edition, and the Manual On Uniform Traffic
Control Deyices (MUTCD), current edition. All other improvements shall be
consistent with and as required by the LDC.
Arterial level street lighting shall be proyided at all access points. Access
lighting shall be in place prior to the issuance of the first certificate of
occupancy (CO).
Access points, including both driyeways and proposed streets, shown on
the CPUD Master Plan are considered to be conceptual. Nothing
depicted on any such Master Plan shall yest any right of access at any
specific point along any property frontage. All such access issues shall be
resolved during the reyiew of required subsequent site plan or final plat
submissions. All such access points shall be consis'ent with the Collier
County Access Management Policy (Res. No. 01-247), os it may be
amended from time to time. The number of access points constructed
may be less than the number depicted on the Moster Plan; howeyer, no
additional access points shall be considered unless a CPUD amendment is
to be processed.
Site-related improyements (as apposed to system-related improvements)
necessary for safe ingress and egress to this project, os determined by
Collier County, shall not be eligible for impact fee credits. All required
improyements shall be in place and ayailable to the public prior to the
issuance of the first CO.
Road impact fees shall be paid in accordance with the Transportation
Impact Fee Ordinance, os amended, and the LDC, as it may be
amended.
All work within Collier County rights-of-way or public easements shall
require a right-of-way permit.
11
Agenda Item No. 170
June 12, 2007
Page 184 of 189
All proposed median opening locations shall be in accordance with the
Collier County Access Management Policy, Resolution No. 01-247, as it
may be amended, and the LDC, as it may be amended. Collier County
reseryes the right to modify or close any median opening existing at the
time of approyal 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.
Nothing in any deyelopment order shall yest a right of access in excess of
a right in/right out condition at any access point. Neither shall the
existence of a point of ingress, a point of egress, or a median opening, nor
the lack thereof, be the basis for any future cause of action for damages
against the County by the developer, its successors in title, or assignees.
All internal roads, driyeways, alleys, pathways, sidewalks and
interconnections to adjacent deyelopments shall be operated and
maintained by an entity created by the deyeloper. Collier Country shall
haye no responsibility for maintenance of any such facilities.
If any required turn lane improyement requires the use of existing County
rights-of-way or easements, compensating right-of-way shall be proyided
without cost to Collier County as a consequence of such improyement.
If, in the sole opinion of the Collier County Transportation Diyision, a traffic
signal, or other traffic control deyice, sign or payement marking
improyement 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.
A 20 foot wide trail easement, as requested by Parks and Recreation, shall
be provided within the existing FPL easement, subject to approyal by
Florida Power and Light. This easement shall be free of additional uses that
haye been indicated within the PUD, including but not limited to parking,
landscape buffering, etc
2.13 COMMON AREA MAINTENANCE
Common area maintenance, including maintenance of the surface
water management system, shall be proYided by the deyeloper or its
assigns.
2.14 DESIGN GUIDELINES AND STANDARDS
The Collier County Planned Unit Development District is intended to
encourage ingenuity, innoyation and imagination in the planning, design
12
.
Agenda Item No. 170
June 12, 2007
Page 185 of 189
and development or redevelopment of relatively large tracts of land
under unified ownership as set forth the LDC.
The Evans CPUD is planned as a professional and medical office site under
unified control. All deyelopment shall meet the requirements of the LDC.
2.15 LANDSCAPING, BERMS, FENCES AND WALLS
Landscaping, berms, fences and walls shall be permitted as a principal
use throughout the Eyans CPUD. Required buffer treatments shall comply
with the LDC. The following standards shall apply:
Landscape buffers contiguous to rights-of-way shall comply with the Type
D landscape buffer as described in the LDC.
The landscape buffer along the western property line shall comply with
the following standards:
1. The hedge area East of the existing fence shall be irrigated and
maintained (fertilized, frimmed and irrigated) subject to the
granting of appropriate cross access easements strictly for the
purpose of maintenance and irrigation being executed by
Kensington Park Masters Association. The deyeloper shall replace
the existing ficus hedge in the event that it dies or no longer is
viable with suitable hedge material that meets the requirements of
the LDC.
2. Irrigation for the ficus hedge shall be proYided by the deyeloper or
its successor owners.
3. The existing ficus hedge shall be trimmed and maintained at a
height of 13.5 feet as measured from the top of the berm in order
to proyide additional yisual relief to the KPMA from future
deyelopment of the Eyans CPUD. The hedge shall be continued
from its present southern terminus to a point approximately 125 feet
south of the start of the Wellington Community to ensure consistent
coverage.
4. A Type B landscape buffer per Collier County standards shall be
planted adjacent to the common property line and irrigated
properly. This buffer shall be planted prior to the issuance of a CO
and shall be maintained in accordance with the LDC requirements
for a Type B buffer.
5. Items B.l. through BA. aboye shall be in lieu of a priyacy wall.
The landscape buffer along the northern property line shall comply with
the Type B landscape buffer as described in the LDC.
All other landscape buffers shall comply with the Type A landscape buffer
requirements as described in the LDC.
13
Agenda Item No. 170
June 12, 2007
Page 186 of 189
2.16 ACCESSORY STRUCTURES
Accessory structures shall be constructed simultaneously with, or toll owing
the construction of the principal structure. A construction
operation/management office and leasing office may be constructed
otter zoning approyal but before construction of any principal structures.
2.17 ENGINEERING
Except as otherwise provided within this CPUD Document, this project shall
be required to meet all County Ordinances in effect at the time final
construction documents are submitted for development approval.
2,18 PLANNING
Pursuant to the LDC, if during the course of site clearing, excayation or
other construction activity an historic or archaeological artifact is found,
all development within the minimum area necessary to protect the
discovery shall be immediately stopped and the Collier County Code
Enforcement Department contacted.
2.19 DEVIATIONS
From Section 5.02.03.E.2 (Fences) of the LDC which requires a masonry
wall or prefabricated concrete wall and/or fence be provided wheneyer
a nonresidential deyelopment lies contiguous to or opposite a residentially
zoned district. The adjacent residential component of the Kensington
CPUD is buffered by existing landscaping and Kensington High Street. The
proposed development area is approximately 235 feet from the western
property boundary. The adjacent residential deyelopment is also
separated from the subject property by Kensington High Street, which is a
60 foot right-of-way that includes a landscape buffer. The resulting
separation between the deyelopment area and the existing residences is
approximately 295 feet. The existing berm will be augmented with
landscaping to achieye the opacity standards contained in the LDC for
Type 'B' Buffers in accordance with Section 2.15.B. of this document.
The Northern property line will require only a Type 'B' buffer since the
adjacent use is a golf course maintenance facility and not residential. No
wall will be required along the Northern property line.
14
Agenda Item No. 170
June 12, 2007
Page 187 of 189
SECTION III
COMMERCIAL AREAS PLAN
3. 1 PURPOSE
The purpose of this Section is to set forth specific deyelopment standards
for the commercial areas as shown on Exhibit "A", CPUD Master Plan.
3.2 GENERAL DESCRIPTION
Commercial areas designated on the CPUD Master Plan are intended to
proYide refail, office, and automobile seryice station uses with a common
architectural theme.
3. 3 PERMITTED USES
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:
Permitted Uses:
Accounting services (Group 8721)
Business seryices (Groups 7311, 7313, 7371, 7372, 7373, 7374, 7375, 7376,
7379)
Engineering, accounting, management and related services (Groups
8711-8713,8741, 8742, 8743, 8748)
Health services (Groups 8011-8049,8082)
Holding and other investment offices (Groups 6712-6799)
Insurance agents, brokers and seryice (Groups 6411 )
Insurance carriers (Groups 6311-6399)
Personal services (Group 7291)
Real estate (Groups 6519, 6531, 6541)
Legal seryices (Group 8111)
Non-commercial indoor storage by occupants of the building.
Any use deemed to be consistent with the uses described within this PUD,
as determined by the Board of Zoning Appeals ("BZA").
15
Agenda Item No. 170
June 12, 2007
Page 188 of 189
Accessory Uses:
Uses and structures that are accessory and incidental to the Permitted
Uses within the CPUD Document, including but not limited to walls, fences,
arbors, gazebos and the like.
Caretaker's residence, in accordance with the requirements of the LDC.
3.4 DEVELOPMENT STANDARDS
Minimum Lot Area: 10,000 square feet
Minimum Lot Width: 75 feet
Minimum Yards:
Setbacks shall be measured from the property line.
Front yard: 50 feet
Side yard: 15 feet, except 25 feet when adjoining residential areas
Rear yard: 20 feet, except 25 feet when adjoining residential areas
Minimum Distance between Principal Structures: lO-feet or '/, the building
height, whicheyer is greater.
Minimum Floor Area: 700 square feet of gross floor area for each building
on the ground floor.
Maximum Floor Area: Fifty-two thousand (52,000) square feet of leasable
commercial building floor area.
Maximum Height (Zoned): Three stories at a maximum of 50 feet.
(Actual): A maximum of 65 feet.
Lighting: Lighting facilities shall be arranged in a manner that protects
roadways and neighboring properties from direct glare or other
interference. Light poles shall be limited to a maximum height of twelve
(12) feet in height along the western edge of the development area
adjacent to the FPL Easement Area.
16
,
Agenda Item No. 170
June 12, 2007
Page 189 of 189
SECTION IV
DEVELOPMENT COMMITMENTS
4. 1 PURPOSE
The purpose of this Section is to sef forth the development commitments
for the deyelopment of the project.
4. 2 GENERAL
All facilities shall be constructed in strict accordance with final site
deyelopment plans, final subdiyision plats and all applicable State and
local laws, codes, and regulations applicable to this CPUD in effect at the
time of the deyelopment order application to which the regulations relate
application. Except where specifically noted or stated otherwise, the
standards and specifications of the LDC shall apply to this project even if
the land within the CPUD is not to be platted. The deyeloper, its successor
and assigns, shall be responsible for the commitments outlined in this
Document.
The deyeloper, its successors or assignees 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 the deyeloper, its successors or assignees is subject to any
commitments within this Document.
4.3 CHANGES AND AMENDMENTS TO CPUD DOCUMENT OR CPUD MASTER PLAN
Changes and amendments may be made to this CPUD Document or
CPUD Master Plan as provided in the LDC. Minor changes and refinements
as permitted by the LDC may be made by the deyeloper in connection
with any type of deyelopment or permit application required by the LDC.
4.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION
This CPUD is subject to the Sunset Proyisions of the LDC.
An annual monitoring report shall be submitted pursuant to the LDC.
4.5 AFFORDABLE HOUSING
Applicant shall contribute to the Collier County Affordable Housing Trust
Fund $0.50 for eyery square foot of any building constructed upon
issuance of the CO for said building.
17
Agenda Item No. 17E
June 12, 2007
Page 1 of 22
EXECUTIVE SUMMARY
HD-2006-AR-I0449 Hart Cottage, Marie Barnett, representing Sig and Irene Fascher,
requesting the Board of County Commissioners (BCe) to officially designate "The Hart
Cottage" as an historically significant structure for property located at 11219 Keewaydin
Island, in Section 23, Township 51 South, Range 25 East, Colliel' County, Florida.
OBJECTIVE:
To haye the Board of County Commissioners (BCC) consider a Historic Designation application
for The Hart Cottage located on a 1.78", acre site on Keewaydin I,land. (See attached location
map - Exhibit "A")
CONSIDERATIONS:
On August 7, 1991, the BCC adopted Ordinance 91-70 establishing the Historical and
Archaeological Preservation Ordinance. This Ordinance was enacted to protect, preserve and
perpetuate Collier County's historic and archaeological sites, districts, structures, buildings and
properties. The BCC may distinguish properties with architectural and/or historical significance
by designating them as local historic landmarks.
The Collier County Historic and Archaeological Preservation Board (HAPB) reviewed and
considered the historic designation of Hart Cottage during their pubhc meeting on November 15,
2006. At this meeting, HAPB voted 5-0 to forward petition HD-2006-AR-10449 to the BCC with
a recommendation that Hart Cottage be officially designated as a local historically significant
site and structure. The HAPB found that Hart Cottage qualifies as a local significant historic
structure pursuant to criteria one and seven (1 & 7) of the Designation Criteria as listed in the
Historic Designation Application and as noted below:
I. Association with distinctiye elements of the cultural, social, etlmic, political, economic,
scientific, religious, prehistoric and architectural history that haye contributed to the
pattern of history in the community, Collier County, the state 'Jr the nation.
7. Derive their primary significance from architectural or artistic distinction of historical
importance.
The current owners of Hart Cottage, Sig and Irene Fascher would like to obtain a Historical
Designation from Co lIier County so they can preserve and restore the home to its original
condition. The Collier County Land Development Code (LDC) offers some incentives to
encourage historic preservation. These incentives include the ability of the property owner to
obtain relief from the Standard Building Code and dimensional variances from the LDC required
setbacks as noted below:
Buildinl! Code: Designated projects may be eligible for administrative yariances or other forms
of relief from building codes as follows:
-,,,.-
Page 1 of5
Agenda Item No. 17E
June 12, 2007
Page 2 of 22
Repairs and alterations may be made without conformance to requirements of the Standard
Building Code when the work has been issued a Certificate of Appropriateness. . . provided that:
I. The restored building will be no more hazardous than it was in its original condition,
2. Plans are sealed by a Florida registered architect or engineer, if required,
3. The CDES administrator has required the minimum necessary ~orrection to be made before
use, in the interest of public health, safety and welfare.
Zoning Ordinance: Subject to the conditions contained in the LDC, a variance for any
historically designated site or structure can be approved regarding setbacks, lot widths, depths,
area requirements, and development regulations, open space and parking requirements and
similar variances not related to a change in use of the property.
Financial Assistance: Historically designated sites and structures are eligible for financial
assistance set aside for historic preservation projects by the Stale of Florida or the federal
goyernment, proyided they meet the requirements for those financial assistance programs.
Cel1ificates of AooroPliateness: Such certificates are issued by the Preservation Board for
designated sites before issuance of permits to alter, excayate, relocate, reconstruct or demolish;
these are needed before the issuance of building, tree remoyal, or demolition permits.
The Hart Cottage is in need of repair as well as protection from the adyerse weather conditions.
The much needed repairs will reinforce its structure without changing the footprint of the home.
The bedroom and porch elements are sagging and have been held up with posts that were not
originally designed for the structure. The owners would like to remove the four perimeter
quadrants and replace them with a sturdier structural system that would allow the house to last
through the next fifty years, The interior square structure "core" would remain intact. The
owners would like to install impact resistant doors and windows to protect the home from
Florida's adverse elements. The rehabilitation of the home will n'Jt change the look of Bert
Brosmith's design.
The Hart Cottage was designed by Bert Brosmith of a group of architects who formed the
"Sarasota School of Architects" and it was his first commission in Florida. The style of the home
is comparable with The Sarasota School of Architecture, sometimes called "Sarasota Modem,"
and is a regional style of post-war architecture that emerged on Florida's Central West Coast; the
combination of a elear modernist approach that is specific and unique to Florida. The Sarasota
School of Architects is more a "school of tbought" than an actual school and is characterized by
its attention to climate and terrain. Large sunshades, innoyatiye ventilation systems, oversized
sliding glass doors and floating staircases dominate many of these buildings, mostly built
between 1941 and 1966. The significance as an architectural design of Historic Modem Florida
homes created prior to the era of air conditioning and a home fully functional without central
electricity and modem plumbing. The architects involved with this moyement incorporated
mechanical means, material choices and forms that enabled their structures to coexist and
enhance the relationship with the Florida climate and landscape.
Page 2 of5
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Agenda Item No. 17E
June 12, 2007
Page 3 of 22
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The petitioner contends that The Hart Cottage is historically significant because of its unique
architectural design in the Sarasota School of Architecture style (Exhibit B).
In the twenty-five years between 1941 and 1966 the innovatiye designs of Sarasota homes and
businesses captured the attention of the design community worldwide. Presently, renewed
interest in this "school" of architecture has occurred, fostering local, regional and national
symposiums on the style. Although these modem buildings seem young when compared with
traditional historic structures, the unique design and innovative use of materials may proye to be
Sarasota's most significant architectural legacy.
Many of the homes that are part of the Sarasota School of Architecture were built on Florida's
banier islands. They were built in those locations because of the appeal to seasonal residents as
low cost second homes and because of their distinctly different designs, in contrast with the
traditional architectural styles of the nOlih. The philosophy of the style, to bring the outdoors in,
also complimented the casual lifestyle of Florida.
The Sarasota School of Architects established criteria for their style; the criteria and description
ofthe home are as follows:
I. Clarity of Structure
. The floor plan is a cruciform plan. The actiyities of the spaces are articulated as
separate volumes. Beams and structural elements are not covered up.
2. Maximum economy of means
Page 3 of 5
Agenda Item No. 17E
June 12, 2007
Page 4 of 22
. Minimum structure is used to the maximum structural strength. The bedrooms and
porches are cantileyered and braced to economize the use of pilings. Turn buckles
and steel cables are used for extra bracing of elements and to prevent twisting of
the structure in high wind.
3. Simple overall volumes penetrating horizontally and vertically
. The piling system and the cantilevered rooms express and accentuate the
horizontal and yertical elements.
4. Clear geometry floating aboye the Florida Landscape
. The home has a series of living space areas that are cantileyered over an elevated
entrance. The house can be opened up on both porch sides to let the gulf breeze
naturally cool the dwelling.
5. Honesty in details and in structural components
. The exterior is a board and batten painted wood. The interior is wood panels with
wood plank flooring. The ceiling is exposed and painted rafters. The piling system
is composed of wood and metal angles. Turnbuckles, anchor bolts and brackets
are all left exposed. The windows and doors do not have casing around them and
are built in the "modem" fashion.
The Hart Cottage diagram below depicts the design elements that represent the criteria. The
number of the specific design criteria is located next to an element where it is expressed.
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Page 4 of 5
Agenda Item No. 17E
June 12, 2007
Page 5 of 22
FISCAL IMPACT:
This petition by and of itself will not have a fiscal impact on Collier County. However, historic
designated sites and structures are eligible to receive financial assistance set aside for histOlic
preservation projects by the State of Florida and/or the federal goycmment, provided it meets the
requirements of those financial assistance programs.
GROWTH MANAGEMENT:
The subject property is zoned Agriculture (A-ST) Special Treatment Oyerlay as shown on the
Future Land Use Map of the Growth Management Plan (GMP). The Land Development
Regulations have been adopted to implement the GMP in order to ensure protection of historic
resources. Policy 3.1: h of the Future Land Use Element provides protection of historically
significant properties.
LEGAL CONSIDERATIONS:
Old LDC Section 2.2.25.5.2 (which was inadvertently omitted during the 2004 recodification,
which omission will be addressed during a future LDC amendment cycle) authorizes a property
owner to petition for the historic designation of a specific site or building. The Board of County
Commissioners is to consider "the preseryation board's reports, findings, and recommendations,
and upon consideration of the criteria and guidelines set fOlih in Section 2.2.25.5.1, the Board of
County Commissioners shall approye, by resolution, or deny a petition for historic designation."
The criteria and guidelines are set forth in full at the end of this Executive Swnmary. Should the
Board elect to approye the designation, then this building will be added to the official listing of
all history sites and properties throughout Collier County, which is coordinated through the
Collier County Museum. The Resolution has been prepared by the County Attorney's Offiee,
and is legally sufficient for Board action. -JAK
RECOMMENDATION:
Staff recommends that the BCC approye Petition: HD-2006-AR-I0449.
PREPARED BY:
Melissa Zone, Principal Planner
Depatiment of Zoning and Land Deyelopment Reyiew
Page 501'5
Item Number:
Item Summary:
Meeting Dale:
Page 1 of J
Agenda Item No. 17E
June 12, 2007
Page li of 22
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
17E
This II em requires triatall partiCipants be sworn in and ex pa'1e dl~,closure beOi'ovided by
Commission members HO-2006-AR_10<149 Marie Barnett, of M, E:amett Design
represel1!ing Siegfried and Irene Fascher, is submitting a Historic Designatlorl for 11219
Keewa)ljir island as;] Il,storicslly slgnilicantstruclure for prope'ty located Oi1ltle south 100
lee~ of north 500 feet of lots j aM 2 South Naples ShQres seclinls 2:1 and 24, Townsrlip 51
~;cu(l-, Range 25 East Coilier County FlOrida
6/12m:J0790GOOAM
Date
Prepared By
Metis$aZone
Community Development &
EnvironmentalServic9S
Principal Planner
Zoning & l.lmd Development Review
5123120079 SS:10AM
Date
Approved By
Bill Hammond
Community Developmant &
Environmental Services
Director
Building Review and Permitting
5124f2007 514 PM
Date
Approved Or
Ray Bellows
Commllnl'ty Development &
EnvironmontlllServicas
Chief Planner
Zoning & Land D<:>velopment Review
5/30f20071r:~9 AM
Date
Approved By
Marlone Stew~r1
Community Development &
EnvironmentalServicas
Executive Secretary
Community Development &
Erll'irollm,-,ntaIServicasAdmin.
SIJO/200710:48AM
Date
Approved B)'
JudyPulg
ConlrlHlnity Development &
Environmental Services
OperalionsAnatyst
Community Development &
F.nvironmenta!ServicesAdmin.
Si30:20071OS0AM
Date
Approved By
Susan Murray,AICP
Community Deve!opmllnt &
Environmental Services
Zoning & Land Development Director
Zoning & Land Devi'.'lopment Review
5/30/2007241 PM
Approvedlly
Date
JeffKllItzkow
CounlyAtlorney
Assistant COlll1ty Altorney
COllnlyAttorney Office
5130/20012:5' PM
Approved By
Joseph K Schmitt
Community Development &
EnvironmentlllservicElS
Community Development &
Environnlfmtal Service~ Adminstr<ltor
Dllte
Community Development &
EfwiranmonlalServicesAdrnin.
513012001 5:41; PM
Date
ApllrO\'ed By
OMB Coordinator
CountyMan<lger'~ Office
OMBCoordinalor
Office 01 Management & Btldget
611120079:17 il.M
Date
Appro\'ed By
Mark Isackson
County Manager's Office
Budget Analyst
Office 01 Manal)ement & Budget
612/20071:13i'>M
Date
Approved By
JllmesV. Mudd
Board of Cmmty
Commissioners
County Manager
County Manager's Office
6/5/20076:20 PM
file://C:\Agenda Test\Export\84-June%20 12,%202007\] 7. %20SUMMAR Y%20AGJ~NDA \ 17.. 6/612007
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Agenda Item No. 17E
June 12, 2007
Page 8 of 22
RESOLUTION NO, 07
A RESOLUTION OF THE BOARD OF COUNTY COMMISSlONERS
OF COLLIER COUNTY, FLORIDA, DESIGNATING THE
PROI'ERTY COMMONLY KNOWN AS THE "HART" COTTAGE,
LOCATED AT 11219 KEEWAYDlN ISLAND AND MORE
PARTICULARLY DESCRlIlED HEREIN, AS A HISTORICALLY
SIGNIFICANT SITE PURSUANT TO ORDINANCE NO, 1991-70, THE
"HlSTORIC/ARCHAEOLOGICAL I'RESERV ATION ORDINANCE,"
WHEREAS, on August 7, 1991, the Board of County Commissioners (Bo.rd), adopted
OrdInance 1991~70, the "Historic/Archaeological Preservation Ordinance." which sets fmth the
criteria and process by which Colticr Count.y's historic and archaeological sites, districts~
stlllcturcs, buildings, and properties may be preserved tlrrough the designation of "historically
significant;" and
ViHEREAS, pursuant to Section Eight of Ordinance No. t991-70, Mnrie B.mctt ofM.
Barnett Design, on behalf of owners Siegfried and Irene Fascher, filed Petition No. HD-2006~
AR-10449. requesting that the Board designate tbe propel1y, cOlmnollly known as the "Hart"
CoUnge, located atl 1219 Keewaydin Island as historically significant; and
WHEREAS, the CoUier County Historic & Archeological Preservation Board reviewed
and considered Petition No. HD~2006~AR-10449 at a puhlic meeting held for that purpose and,
t1nding thallhe designation criteria contained in Section Eight of Ordinance No. 1991-70, as
"mended, have been met, recommended that the Board officially designate Hart Cottage as a
historically significant site.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, thai:
1. In recognition of ils significance in the historical heritage of Collier Coullly and
South Florida, the property commonly known as Hart Cottage, located at 11219 Keewaydin
Island, and more particularly described as:
The south 100 feet of the nordl 500 feet of Lots 1 and 2 of South
Naples Shores, according to the plat thereof recorded in Plat Book
3, Page 11, Puhlic Records of Collier County, Florida,
is hereby designated as a historically significant site pursuant Lo Ordinance No. 1991 R 70. as
amended, for the reasons set forth in Petition No. HD-200G-AR-I0449.
2. Hart Cottage shall hereafter be suhjcct 10 the regulntions of the Collier County
Historicl Archaeological Preservation Ordinance us they pertain to historically designated
property) including all applicable incentives and restrictions.
Page 1 of2
Agenda Item No. 17E
June 12, 2007
Page 9 of 22
BE IT FURTHER RESOLVED tllat this Resolution shall be recorded in the Public
Records of CollieI' Couuly, Florida.
THIS RESOLUTION ADOPTED after lIlotion, second, and majOlity vote favoring same,
this _ day of ~
,2007.
ATTEST:
DWIGHT E. BROCK, Clerk
ROA RD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
By:__
JAMES COLETTA, ChaiLman
, Deputy Clerk
Page 2 ofl
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Agenda Item No. HE
June 12, 2007
Page 10 of 22
COLLIER COUNTY
APPLICATION FOR HISTORIC DESIGNATION
(This is a petition to designate a Site, District, Stlucture, BuiJdlng, or Property as historically
significant Pursuant to Section 2.03.07.E of the Collier County Land Deye]opment Code)
PETITION NO.
DATE PETITION RECEIVED:
PRINCIPAL PLANNER:
(ABOYE TO BE FILLED IN flY STAFF)
----_._-------------~-----------------~-. ~----_..._-----------
--------------------~~..~--------~----------------------._~---
OWNER'SNAME:~~tie 11'~C~
. OWNER'S ADDRESS: ~ C.OC ~.~ ~l:t~\.-I~ 1/P-..
Dlly\<'.. ~.. (J.,A.. 'f).~TELEPHONE: ~f>j::U 4~
PETITIONERS NAME: (if different from owner) J'Oa.r' ~ ~ Y'~e.t:r
PETITIONERS' ADDRESS: \\'It?' }1'\~C.~i~'13IRt> .l-n.
~1(41 ~. 'SL\: lo!f TELEPHONE~.~_::_~~2a.3)r'2.b?-~'lO
9/p 1-4100
LEGAL DESCRIPTION OF SUBJECT PROPERTY: LOT(S) BLOCK(S)
UNIT SECTION % TWP, .[1 RANGE ~
(If legal description is lengthy, I.e. metcs & bounds description, atta~h atltlitional page)
CURRENT ZONING OF SUBJECT PROPERTY: ~~GIJI4urat. ~~
EXISTING LAND USE OF SUBJECT PROPERTY: Please proYide a brief description of the
existing and historical land lIse and stnlctures on the subject site and reference the attached
designation criteria where applicable. (Attach additional page if necessary)
~t4.illl2.WGni~
Agenda Item No. 17E
June 12, 2007
Page 11 of 22
ADJACENT ZONING AND LAND USE: (Provide brief descriptions of the sUlTounding land
usc and zoning designations.)
~mi::.
DESIGNATION CRlTERIA:
The Qesignation of Historical! Archaeological Sites, Structures, Districts, Buildings and
Propelties as "Historically Significant" is authorized by Scction 2.03,07.E of the Collier County
Land Deyelopment Code (LDC). The recommendation of the Historical and Archaeological
Preservation Board and the decision of the Board of County Commissioners will be based on the
below listed criteria. Proyided a detailed response, including any documentation or other
resources, to each of thc criteria, which is applicable to this petition. For consideration by the
Board of County Commissioners, the petition necd only meet one of the required criteria.
Howeyer, a detailed response should be provided to any of the criteria, which appear relevant.
. '>. .
CD
Q)
(j)
Association with distinctive ei<iments of the cultural, social, cthnic, political, economic,
scientific, religious, .prehistoric and architectural history that haye contributed to the
pattern of history in the community, Collier County, the state or the nat,ion; or
,." '
Association with the liyes of persons significant in history; or
3.
Embodiment of the distinctiye characteristics of a type, period, method or materials of
construction, or that possess high artistic valucs, quiliity of design .and craftsmanship, of
that represent an u]di vidual architect' or builder's prominencc or contriblltion to the
developnlent of Collier County, Florida; or ,.
4.
Location of historic or prehistoric actiyities such as habitation, religious, ceremonial,
burial, fortification, etc. during a particular period to time, and may maintain a sufficient
degree. of enyironmental integrity to reflect some 'aspect of the relationshill,of the site's
original occupants to the enyironment; or
5.
An historic or prehistoric site which has been severely disturbed but which may still
allow usefi.1l and representative data to be recoyered; or
6.
Haye yielded or are likely to yield infonnation on local history or prehistOlY; or
,
Derive their primary significance from architectural or artistic distinction of historical
importanc~; or
8.
Is. the birthplace or-graye of an historical figure or is a cemetery which derives its
primary significance from grayes of persons of transcendent importance, from age,
distinctive design features, or from association with historic eyents; or
2
tJert M-'{.*
Agenda Item No. 17E
June 12, 2007
Page 12 of 22
9. A building or stmcture removed from its location which is primarily significant for
architectural value, or is the surviving stmcture most importantly associated wjth an
historic period, person or event; or
10. A propelty primarily commemoratiye in intent if design, age, tradition or symbolic yalue
has inve~ted it with its own historical significance; or
,
. aJ Re . tel' or Hi,:oric Places.
n ~1-'-1-
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DATE
J7 :IEtJG
SEE ATTACHEO
CALIFORNIA
ACKNOWLEDGEMENT
3
Agenda Item No. 17E
June 12, 2007
Page 13 of 22
~~i5h~~~ "c.-' .---->--- :'>=^..........-A_:~r>b~~~~.l'KJ'~
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
Stale of California
County of //yd-rlJj e..-
On 1lkl,<,;7 ~b before me, /fr;4_J-/tN.4 .di//70
Dale ' Name e~d Tille 01 Ofllcer (e.g~ "Jane Doe, Nota'Y
per50nally appeared "5 I t3 G .F YI 6' D ;::: 4. S C HE If. /t n
Nflme(s)oISi[ln~r(s)
;L ~ 6>1 C:.--f..fi Self E /2
o personally known to me
..-01Or proved to me on the basis of satisfactory evidence)
'.
. AI-l'I UDIA NlN)
. . GommISsIon i 1647932
Notary N>Ic . GoIt(lllllQ
Ofange CCUlly
j,t,'Corrm ~FeD27.:all
to be the personWlwh05e nam~JSiare subscribed to the
within instrument and acknowledged to me that
helshe/th~xecuted the same in hislher/their authorized
capacjty~ and that by hie-IhOt/their signatur~Yon the
instrument the persoA@) or the entity upon behalf of
which the person@acted, executed the instrument.
WITNESS my hand and official seal.
dL~"cl~~
OPTIONAL
Though the Information below is not required by favr, it may prove valuable ta persons relying on tile document
and could prevf;!f1t fraudulent removal and reattachment of this form to ano/l1er document.
Place Notary Seal Abo~e
Description of Attached Document
Title or Type of Document: c."" III e. r Co valr
.AI'//J{:'A- htfr} .-r;,r )/tS/vVIC- DesiJi1"--f1
Document Date:
8'-'7- ,:) b
NumberofPages:_____2)_
Signer(s) Other Than Named Above:
Capacity(ies} Claimed by Slgner(5}
Signer's Name:
o Individual
o Corporate Officer - Tille(s):
o Partner - 0 Limited 0 General
U Attorney in Fact
o Trustee
D Guardian or Conservator
o Other:
.
Top ollhumb hem
Signer's Name:
:J individual
o Corporate Officer - Titte(s):
o Partner - 0 Limited 0 Gelleral
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
RIGHTTHUI\~BPRINT
OF SIGNEt!:
Top of lhumb here
-~
Signer Is Representing:
Signer Is Representing:
~=~~=~ .~~~"""'~"V-......~~ _ _ ._ ~ _ _~.,.>=V'=v~~~~ """""""'...,....""'.v=....--.v~,..~
1) 2006 Nallontll Notary Association' 9350 De SolO AVII_. P.O. BoJC 2402 . Chalsworth, CA 91313-2402 Item No. 5!l07 Reorder: Call Toll-Free 1_800_676.6627
Agenda Item No. 17E
June 12, 2007
Page 14 of 22
Siegfried and Irene Fascher
33411 Cockleshell Drive
Dana Point, California 92629-4448
TO WHOM IT MAY CONCERN:
This Letter of Authorization if given by Siegfried and Irene Fascher, of Dana Point,
California (Orange County) to Marie 1. Barnett, Principal of Marie Barnett Designs and
shall expire on December 31, 2007,
We authorize Marie 1. Barnett, to contact government agencies (city, county, and state),
boards, committees, commissions and , The Collier County Historical Society for the sole
purpose of obtaining information and the necessary permits to complete a remodel project
for us on Keewaydin Island in Collier County, Florida,
Additionally, we authorize Marie L, Barnett to contact constnlCtion companies and
contractors to obtain cost bids fOl' this remodel project on Keewaydin Island.
All permit applications and documents may only be signed by Siegfried and Irene
Fascher,
AdditiollJllly, only Siegfried and Irene Fascher al'e authorized to enter into any contracts,
oral or written, pertaining to any aspect of the remodel project on Keewaydin Island.
nothing in the Letter of Authorization shall allow Marie 1. Barnett to encumber the
property on Keewaydin Island in any manner,
If you have any questions regarding the foregoing, please contact us at (cell: 949-842-
816101' home:949-489-1192).
&:r>1U) 1J-/~:f-pA4-A-,
IRE G, FASCHER
Date
J.(- a- () 7
f-~] --07
Date
Agenda Item No. 17E
June 12, 2007
Page 15 of 22
Siegfried and Irene Fascher
33411 Cockeshell Drive
Dana Point, California 92629-4448
TO WHOM IT MAY CONCERN:
This Letter of Authorization is given by Siegfried and Irene Faseher, of Dana Point,
California (Orange County), to Marie L Barnett, Principal of Marie Barnett Designs and
shall expire on January 15,2007.
We authorize Marie L. Barnett, to contact government agencies (city, county, and state),
boards, committees, commissions and, The Collier County Historical Society. for the sole
purpose of obtaining information and the necessary permits to complete a remodel project
for us on Keewaydin Island in Collier County, Florida.
Additionally, we authorize Marie L. Barnett to contact construction c{}mpanies and
contractors to obtain cost bids for this remodel project on Keewaydin Island,
All permit applications and documents may only be signed by Siegfried and Irene
Fascher,
Additionally, only Siegfried and Irene Fascher are authorized to enter into any contracts,
oral or written, pertaining to any aspect of the remodel project on Keewaydin Island.
Nothing in this Letter of Authorization shall allow Marie L. Barnett to encumber the
property on Keewaydin Island in any manner.
If you have any questions regarding the foregoing, please contact us at (cell: 949-842-
8161 or home: 949-489-1192),
~L
~/r-~
IRENE G. FASCHER
ED F ASCHER
D -q -0 ,
f'~ 'i -11 (0
Date
Date
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Agenda Item No. 1.7E
June 12, 21..7
Page 17 o~ 2
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Agenda Item No. 17E
June 12, 2007
Page 18 of 22
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THE
SARASOTA
SCHOOL
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ARCHITECTURE
MArk Halllpton
Phil Hull
.r
Col. Roland S Dllow
Tim Sltibert
Vietor Lundy
Wllllom Rupp
Joan nod Ken WllrtlllOr
Tolyn Twitchell
Iiert I3roslllith
Frank Fl:IlsornSmith
Boyd Bl{lckl1ar
Louis SllhnoldflT
JlIlTIesHolicluy
Joseph Farrell
Carl Abbott
I~xhihit B
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Agenda Item No. lZE
June 12, 20(}~
Page 20 of 22\\
\
\
'''I
Se!ected by ArchirecturalFQfumas one of 14 olClrilccts in
FOf/Jm issue devoted to "NeW Talent IOf the Sixties.n
1962 Addition 10 Philip H. Hiss msioonce, lirlo ShDies. SarB~mI8.
'963 ,JllvenileDetention Facility for Sarasote Gountylwith Frank
Folsom Smith).
1964 DDrDtlteaOawsilnrellidence.Sarllsota,
1964-1965 Associated archit9C1 wil~ I. M. Pei, New Yolk, lor EaST
CamptlS, NewC;Jlfege, Sarasota.
1964 ^ppoinll.ldvisitir.gdcsigncritic, YllleUllivorsityDepllrt_
ment01 Arcl1iteclure.
100!i-1969 Architect with p8(kins ami Will. While Plnins. Nnw York.
196!1--1975 With JIISlel. Bro~mith, Lavine, Architects and P1ennars,
New York City.
1976- Privata practice 111 Pound Ridge, New York,
prn$ont
Agenda Item No. 17E
June 12, 2007
Page 21 of 22
z
NEW DIRECTIONS AND DECLINE: THE 19605
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. In 1960, after Rudolph moved to Yale, Bert Brosmith closed down
Rudolph's local office and began his own practice in Sarasota. Bro.
smIth's first project was the Peter Hart island cottage in Naples (figure 7.1).
Designed In a cruciform plan, the building's livIng, sleeping, and porch
spaces were set above an open entrance podium elevated over grade. Its
height afforded views in all four directions and the spaces could be opened
up as one large screened unit In good weather.
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Brosmith received a number of remodeling and addition projects through
his rolationship with Rudolph. His first larger project came from Philip Hiss:
the Sarasota Junior High School addition (figure 7.2),1 In many ways his
design was a summation of the ideas and lessons learned from the Sara-
sota school. Built In horizontal layers on terraced ground, the classroom
units were sheltered by a continuous flat-roofed plenum above with gener-
ous overhangs over walkways. This upper service space accommodated
functions such as natural ventilation and air-conditioning systems,
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.'-- Home
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page 1 or 4
Agenda Item No. TlE
June 12, 2007
Page 22 of 22
NAPLES
ILLUSTRATED
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January 2001 Issue
This Modern Life
Architect Bert Brosmlth is considered in some corners of the design world as not only a mentor,
but an icon.
The former Yale crillc and Fulbright scholar was In the thick of modern design philosophy as a
coneague of Paul RUdolph, Brosmlth spent five and a half years - mainly as a project architect-
with Rudolph, who started the Sarasota School of Architecture, a regional movemenl of thought
and design lasting from 1941 to 1966. Today, the firm's designs are sllJl considered so important
that the Southern California-based Society of Architectural Historians is visiting Southwest
Florida this monlh to tour projects designed by Rudolph's office.
In 1960, Brosmith's first solo commission was a seasonal cottage on Keewaydin Island,
surrounded by the Gulf of Mexico, Gordon Pass and Naples Bay. The "Hart Island cottage,"
named for the family who owned it, is featured in the pages of The Sarasota School of
Architecture, by John Howey,
"It's on four columns, raised above the water 14 feet," says Brosmith. now pradicing in New
York.."1t has a simplistic sense of a camp, with two bunk rooms and a joint bath oriented toward
the inlet. 11 has that very, very basic altitude toward living quarters."
Although Brosmith's gem is the most obvious collage in its vicinity, iI's a modest perch by
todaVs standards -1,500-sq.-ft. - despite the property's 1.9 acres. Over the decades, the sturdy
wood frame has weathered many violent storms, but now, there are tell-tale Signs of near-
abandonment.
In September, it went on the market for $850,000. VVhal the new owners choose to do is their
prerogative. They could follow lhe lead of the other side of Keewaydin, where several original
bungalows dating back to the 1930s have been bUlldozed to make way for 18 homes that
reportedly will be valued in the lens of millions of dollars.
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{{Out with the Old))
The Irend that has firmly rooted itself in Naples during the 1990s is a predictable fonnula: Raze
the existing home to build a much larger. more conspicuous "mega-house." Mb~t of the new
conslruction in the area runs along the lines of Mediterranean Revival (or Spanish Colonial,
Italianate or Bermudan). II's a trend many architects find confounding. .
"i think i('s very disheartening,"Brosmith says. "They're redoing an Image buill on a century ago
with iittle reference to the 2011, century." .
Modern praclitioners beHeve that design should refiect the local climate and environment, utilize
modern technology and local materials, and act as a sympathetic and unifying bond with the site
where a structure is buill. Current building trends aside, Napies is a place where a handful of
dedicated modern designers stay afloat. It's a place where some of the biggesl architects in the
world have been hired by affluent. sophisticated clients willing to buck the Mediterranean trend.
World.renowned designers Philip Johnson. Richard Meier and Hugh Newell Jacobsen have
designed homes in the Port Royal area.
Internationally acclaimed clothing designer Zoran, himself a minimalist, recently worked with
Jacobsen (who designed Jackie Kennedy's home in Hyannis Port. Mass.) on plans for his
boutique and headquarters here. The Washington D.C..based Jacobsen, who studied four years
under modern master Louis Kahn, Is an unapologetic puris! who, ilke many designers, decries
the current desire to mimic a past from another place.
"Mediterranean creates an illusion of history; it's instantaneous history," says Bruce Wade, of
Architectural Network Inc. in Naples. "It seems like it's been there forever even if it Was just built
yesterday,'l
So what's the criticism of mega-Mediterraneans? Massive ones that bulge to the lot line are
considered intrusive and out of scale. Many features, like soaring vaulted ceilings and the
excessive number of rooms, generate a big demand for high energy consumption. Exterior and
Interior ornamental fealures and columns often are made of materials
- such as Styrofoam - that
masquerade as something else, and haven't withstood the test of time or climate. Fake features,
from pseudo balconies to stairways that ascend to nowhere, are disingenuous and useless.
Gargantuan porte cocheres have little function other than to announce their presence.
In essence, they're based on fashion rather than rationality. "It takes a general education
file://C:\Documents%20and%20Settings\Owner\My%20Documents\MODERN%2OLIFE\ This%20Mod... 11/24/2006
Executive Summarv
Agenda Item No. 17F
June 12, 2007
Page 1 of 6
Approve an Amendment to Ordinance No. 84-37, as amended, also known as the Collier
County Code of Laws and Ordinances, Chapter 38, Article III pertaining to Post Disaster
Recovery and Reconstruction Management.
OBJECTIVE: To amend Ordinance No. 84-37, as amended, Chapter 38, Article III, Collier
County Code of Laws and Ordinances to enhance the County's eligibility for reimbursement under
the Federal Emergency Management Agency's (FEMA) Public Assistance Program for removal of
disaster-related debris from priyate roads and gated communities, To add certain definitions and
emergency measures as well as reaffirming the right of entry onto private roads and gated
communities and indemnification of government entities for debris removal work.
CONSIDERATIONS: The removal of disaster-related debris from public rights-of-way is
considered to be in the public interest and eligible for reimbursement under FEMA's Public
Assistance Program. Debris removal from private roads and gated communities is typically
ineligible because it is the legal responsibility of the owner. An eligible applicant for cost
reimbursement such as the County may undertake or seek to undertake the removal of debris from
private roads and gated communities. In such cases, FEMA will determine cligibility on a case by
case basis.
In determining eligibility for reimbursement under the Public Assistance Program for private
roadways and gated communities, FEMA and the State must be able to reach the following
conclusions in relation to the work in question:
I. Removal was the legal responsibility of an eligible applicant (County).
2. It was necessary in the public interest to eliminate an immediate threat to life, public
health and safety.
3. The Federal government was held hannless and indemnified for claims and losses or
damage resulting from the work.
FISCAL IMPACT: There would be a significant, though incalculable fiscal impact should the
collection of disaster debris from private roads and gated communities be deemed ineligible for
reimbursement by FEMA.
GROWTH MANAGEMENT IMPACT: There is no known growth management impact to the
County that will result from enactment of the proposed Ordinance Amendment.
LEGAL CONSIDERATION: This Amendment to Ordinance No. 84-37, as amended, also known
as Chapter 38, Article III, Collier County Code of Laws and Ordinances, Civil Emergencies, further
establishes the County's legal responsibility to enter onto priyate roads and gated communities to
remove disaster debris and protect the health, safety and welfare of all citizens of the County,
RECOMMENDATION: That the Board of County Commissioners enact this Amendment to
Ordinance No. 84-37, as amended, also known as Chapter 38, Article III, Collier County Code of
Laws and Ordinances.
PREPARED BY: Robert N. Zachary, Assistant County Attorney, Office of the County Attorney
Agenda Item No. 17F
June 12, 2007
Page 2 of6
ORDINANCE NO. 2007-
AN ORDINANCE AMENDING COLLIER COUNTY ORDL"IANCE NO. 84.
37, AS AMENDED, ALSO KNOWN AS CHAPTER 38, CIVIL
EMERGENCIES, ARTICLE III, DECLARATION OF STATE OF
EMERGENCY, OF THE COLLIER COUNTY CODE OF LAWS AND
ORDINANCES; AMENDING SECTION 38-57, ADDING DEFINITIONS;
AMENDING SECTION 38-68, ADDING CERTAIN EMERGENCY
MEASURES; AMENDING SECTION 38.71 TO ADDRESS THE RIGHT OF
ENTRY ONTO PRIVATE ROADS AND GATED COMMUNITIES AND
INDEMNIFICATION; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS
AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the removal of disaster-related debris from public rights-of-way is considered
to be in the public interest and eligible for reimbursement under the Federal Emergency
Management Agency's (FEMA) Public Assistance Program; and
WHEREAS. debris removal from private roads and gated communities is typically ineligible
because it is the legal responsibility of the owner; and
WHEREAS, an eligible applicant for reimbursement such as the County may undertake or
seek to undertake removal of debris from private roads and gated communities; and
WHEREAS, in such cases FEMA and the State will determine eligibility on a case by case
basis; and
WHEREAS, detennining eligibility under the Public Assistance Program for private
roadway and gated community debris removal, FEMA and the State must be able to reach the
following conclusions in relation to the work in question:
1. Removal was the legal responsibility of an eligible applicant (County):
2. It was necessary in the public interest to eliminate an immediate threat to life, public
health and safety; and
3. The Federal government was held hannless and indemnified for all claims or loss or
damage resulting from the work.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: Ordinance No. 84-37, as amended. also known as Chapter 38, Article m.
Section 38-57, Collier County Code of Laws and Ordinances is hereby amended to add the
following definitions:
Derelict Vessel means anv vessel. as defined in Section 327.02. Florida Statutes. that is left. stored
or abandoned:
Words SkUll!; t!:lFSHgl1 are deleted; words underlined are added.
1
Agenda Item No. 17F
June 12, 2007
Page 3 of 6
(2) In a wrecked iunked or substantially dismantled condition UDOn any Dublic waters of the
county or county orooertv or rie:ht of way.
(b) At any Dart. dock. or mooIio!! of the county without the consent of the alZenCy havine:
iurisdiction.
(el Docked. 2Tounded or beached UDon orooertv of another without consent of the owner of the
orooertv.
Abandoned Vehicle means any vehicle meeting; the definition of abandoned nrooertv. as defined in
Section 705.101. Florida Statutes. that is left. stored or abandoned:
(a) In a wrecked. inooerative. iunked. partially dismantled. sunk. flooded or contributine: to an
uncontrolled release of fuel or hazardous materials UDOn the public orooertv of the County.
(b) On any roadway of the county without the consent of the ae:encv havine: iurisdiction thereof.
(c) Left. stored. abandoned. iunked. partiallv dismantled. sunk. flooded or contributing: to an
uncontrolled release of fuel or hazardous material. UDon the prooerty of another without the consent
of the owner of the property.
SECTION TWO: Ordinance No. 84-37, as amended, Section 5, also known as Chapter 38, Article
III, Section 38-68, Collier County Code of Laws and Ordinances is hereby amended to add the
following emergency measures:
(13) Authorize the emefl!encY purchase of radio. television. print or any other DaDer or electronic
media for the purooses of advertisine: residents of orotective action recommendations. recovery
information and debris removal or disoosal reauirements or any other pertinent information in
support of public health or safety.
(14) Activate a statewide mutual-aid svstem. Any expenditure made in connection with
emenencv activities. including: mutual-aid activities. shall be deemed conclusively to be for direct
protection and benefit of the inhabitants and mitieate the potential for severe environmental
propertv damaee of the county.
OS) Make a determination that:
(a) There is a threat to public health and safety that may result from the e:eneration of
widespread debris throu1!:hout the county:
(b) Such debris constitutes a hazardous environment for all modes of movement and
transDortation of the residents as well as emenzencY aid and relief services:
(c) There is an endan2:ennent to all Droperties in the county:
(d) There is an environment conducive to breedin2 disease and vermin:
(e) There is a llreatly increased risk of fire:
Words stfHB1( thraugH are deleted; words underlined are added.
2
Agenda Item No. 17F
June 12, 2007
Page 4 of 6
CO It is in the Dublic interest and safety to collect and remove disaster debris from all
orooertv. whether Dubhe lands. Dubhe or orivate roads. and !rated communities. to eliminate an
immediate threat to life. DubHe health and safety to reduce the threat of additional damal!e to
imoroved property and to oremate economic recovery of the community at lan.!:e.
(6) Authorize the County or its contracted ae:ent(s) the ril!ht of access to orivate roads or !Zated
communities as needed for:
(a) Emerl!encY vehicles such as. but not limited to. fire. oolite and medical care.
(b) Performance of damal!e assessment. emenzencv manal!ement. soecialized search and
rescue teams.
(c) Human services and victim relief.
Cd) Temoorarv emerl!ency traffic controls or detour efforts,
(e) Debris removal vehicles and eauiDment. utility eouioment and sanitation efforts to
alleviate immediate threats to public health and safety.
(17) Authorize the removal of debris. wreckae:e or collapsed structures resultine: from a maior
disaster for a safe and sanitary livine: or functioning condition of the oroximate environment.
(18) Authorize the removal of derelict vessels pursuant to Florida Statutes and in coni unction
with the Florida Fish and Wildlife Conservation Commission.
(9) Authorize the removal of abandoned vehicles pursuant to Florida Statutes in conjunction
with law enforcement of the city. county or state.
SECTION THREE: Ordinance No. 84-37, as amended, also known as Chapter 38, Article III,
Section 38-71 Code of Laws and Ordinances is amended as follows:
Section 38-71. Rieht of Entry and Indemnification.
In order to facilitate the timely removal of debris from private roads and e:ated communities. each
orooertv owner or association shall !!rant to the County the right of entry onto roads and streets to
clear or collect disaster debris on or adiacent to the private road or street.
In coniunction with the right of entry. each propertv owner adiacent to a oriyate road or street or
!!ated community association shaH indemnify and hold harmless the United States Government.
Department of Homeland Security (DHS). Federal Emerf!:encY ManalZement Af!:encY lFEMA). the
State of Florida. Collier County and their aE!ents. officers. emoloyees. yolunteers. contractors and
subcontractors. from any and all claims. losses. penalties. demands. iudf!:ments. and costs of suit.
includin!!. but not limited to. worker's comoensation claims. and includioE! attorney's fees and
oaraleeal fees. for anv exoense. damaee or liability incurred by any of them whether for oersonal
iniury. Drooertv dama.e:e. direct or conseauential damae:es. or economic loss. ansio!:!: directly or
indirectly 00 account of or in connection with the work performed by any of the above pertainine: to
anv hazard or disaster mitieation. recovery or reconstruction manae:ement.
Words Etrl:i81; tRrsld.gh are deleted; words underlined are added.
3
Agenda Item No. 17F
June 12, 2007
Page 5 of 6
SECTION FOUR: SEVERABILITY.
If any clause, section or provision of this Ordinance shall be declared to be unconstitutional or
invalid for any cause or reason, the same shall be eliminated from this Ordinance and the remaining
portion of this Ordinance shall be in full force and effect and be as valid as if such invalid portion
thereof had not been incorporated therein.
SECTION FIVE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or
an yother appropriate word.
SECTION SIX: EFFECTIVE DATE,
This Ordinance shall become effective upon receipt of notice of its filing from the office of the
Secretary of State of the State of Florida.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County.
Horida, this _ day of
,2007.
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
JAMES COLETTA, Chairman
Approved as to form and legal
sufficiency:
~~
/r I
Robert ,Za ary
Assistant County Attorney
CP\EmergencyPreparedness\Ordjnances\AmendPoslDisasterRecover~2007
Words 5l1:I:Isk iF SligH are deleted; words underlined are added.
4
Pagel of I
Agenda Ilem No. 17F
June 12, 2007
Page6of6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
ltemSummary:
17F
Meeting Date:
Approve an Amendment to Ordinance No 84-3'7, as amended, also known as the Collier
County Code 01 Laws and Ordinances, Chapter 38 Article III Dertwnmg to Post Disaster
Recovery and Reconstruction Management
6/12l2D079 00,00 AM
Prepared By
RohertN.Zachary
Al';5istant County Attorney
Date
County Attomey
COllntyAttorney Office
S/30/20071;':OS:2BPM
Approved By
OavidC.Weigel
County At10rney
D...
County Attorney
COlloty Attorney Olfice
5/31/20071 :39AM
Approvet! By
OMB Coordinator
OMBCoordinOltor
Date
County Manager's Qffice
Office 01 Management & Budget
611120079:43AM
Approved By
Michael SmykoWSki
Management & 8udgetDirector
D.'lte
County Manager's Office
Office 01 Manngemenl & Budget
6/4/2007 !':l:4~ AM
Approved By
JamcsY. Mudd
Board 01 County
Commissioners
CO~lI1t\' Manager
Daie
County Mllrmger's Office
6/41200712,1'6PM
me://C:\^gendaTest\Export\84~June%20 12, 0/0202007\ 17. %20SUMMAR Y%20A GENOA \ 17" 6/6/2007
Agenda Item No. 17G
June 12, 2007
Page 1 of9
EXECUTIVE SUMMARY
Recommendation that the Boal'd of County Commissioners adopt an Ordinance to amend
Collier County Ordinance No. 75-16, as amended, for the purpose of revising and clarifying the
time, place, and conduct of meetings of the Board of County Commissioners, the procedure for
scheduling and the consideration of items of business of the Board of County Commissioners on
the agenda, the procedure for addressing the Board of County Commissioners at the meeting,
and the procedures for the reconsideration of matters by the Board of County Commissioners.
OBJECTIVE: To request that the Board of County Commissioners ("BCC") adopt an Ordinance to
amend Collier County Ordinance No. 75-16, as amended, for the purpose of clarifying the time, place,
and conduct of meetings of 111e BCC, the procedure for scheduling and the consideration of items of
business of the BCC on the agenda, the procedure for addressing the BCC at the meeting, and the
procedures for the reconsideration of matters by the BCC
CONSIDERATIONS: On April 10,2007, the BCC directed the Office of the County Attorney to
deyelop an amendment to Ordinance No. 75-16, as amended. The changes include the following:
1) Regular meetings of the BCC are to occur on the second and fourth Tuesday, except on a day
designated as a holiday, interim recess, or as otherwise directed by the BCC';
2) Regular meetings are to be held in the Collier County Goyernment Center';
3) The County Manager is responsible to notify the Clerk of Court, County Attorney and
representatives of the press ofa special meeting of the BCC';
4) Speakers are required to approach any podium or any other place designated by the BCC';
5) Staff members and County employees arc no longer required to be sworn in one time and
considered under oath';
6) Reconsideration deadlines hannonize with the existing semi-monthly BCC meeting schedule as
well as the abridged BCC meeting scheduling during the months of December, July, and August';
7) Reconsideration procedures for zoning, comprehensive plan, yaridIlces, conditional uses, licenses,
permits and other land-use related applications arc the same. Because of case law that post dates
the adoption of the reconsideration provisions, it is no longer necessary to make a distinction
between zoning and comprehensive plan considerations and quasi-judicial considerations.
8) The general procedures and reconsideration procedures are more internally consistent;
9) Provisions that are antiquated or no longer applicable have been remoycd.
FISCAL IMPACT: There is no fiscal impact associated with these changes.
GROWTH MANAGEMENT IMPACT: There is no impact to the growth management plan
associated with these changes.
RECOMMENDATION: That the BCC adopt an Ordinance to amend Ordinance No. 75-16, as
amended for the purpose of reyising and clarifying the time, place, and conduct of meetings of the
BCC, the procedure for scheduling and the consideration of items ,}f business of the BCC on the
agenda, the procedure for addressing the BCC at the meeting. and the procedures for the
reconsideration of matters by the BCe.
,-
PREPARED BY: Jennifer A. Belpedio, Assistant County Attorney
'These items solely harmonize Ordinance No. 75-16, as amended wi111 existing procedures that have
evolved over time.
Item Number:
Item Summary:
Meeting Date:
Page 1 of I
Agenda Item No. 17G
June 12, 2007
Page2of9
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
HG
Recommendalion that the Board of County COlllrllissiollers adopt <in Ordinance to amend
Collier CQunty Ordinance No. 75.16. as amended, fOI the purpose)f reviSing and clarifying
ttle time, place. and conduct of meetings of !till Board of County Cummissjoners. the
plOcedurefarsctleduling and theconsideratlol1 of r\ems ofbusil ws,ofthe B08rdof COllnty
Comrnissionerson the agenda, tile prucedure for 3ddressing the 8::J8rd of County
Comllli"sioners at the meeting, andUle procedures tor H1e reCQi1SiCieration of rnatters by tile
Board of County Commissioners
611:2120079:00:00AM
Date
Prepared By
JenniferA. Belpedio
County Attorney
Assistllnt County Attorney
County A!1:orney Office
5/31120071J~59:25 AM
Dale
Approved By
JenniferA. Belpedio
CountyAltomey
Assistant County Attorney
County A!1:omay Office
5131/2007139 PM
Date
Approved By
DavidC. Weigel
Count~'AUomey
County Attorney
County Attorney Office
5/3112007228PM
Date
Approved By
OMBCoordinator
County Managor'sOffice
OMB Coord;n;;tor
Offieli: of Management 8. Budaet
611120019:!,1 AM
Date
Approved By
Michael Smykowski
County Manager'GOffice
Man<~gement & Budget Director
Office of Management 8. Budgel
5/1120071247PM
Dule
Approved By
JamaGV. Mudd
Board of County
Commissioners
County Manager
County Manager's Office
612120072:DPM
file:/IC:\AgendaTest\Export\84~June%20 12,%202007\ 17, %20SL'MMAR Y%20AGENDA \ 17.. 6/6/2007
Agenda Item No. 7G
June 12, 2 07
Page 3 f 9
ORDINANCE NO.: 07-_
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA
AMENDING ORDINANCE NO, 75-16, AS AMENDED, AS
CODIFIED IN SECTIONS 2-36 THROUGH 2-42 OF THE CODE
OF LAWS AND ORDINANCES, REVISING AND CLARIFYING
THE TIME, PLACE, AND CONDUCT OF MEETINGS OF THE
BOARD OF COUNTY COMMISSIONERS, THE PROCEDURE
FOR SCHEDULING AND THE CONSIDERATION OF ITEMS
OF BUSINESS OF THE BOARD OF COUNTY
COMMISSIONERS ON THE AGENDA, THE PROCEDURE FOR
ADDRESSING THE BOARD OF COUNTY COMMISSIONERS
AT THE MEETING, AND THE PROCEDURES FOR THE
RECONSIDERATION OF MATIERS BY THE BOARD OF
COUNTY COMMISSIONERS; PROVIDING FOR INCLUSION IN
THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR
CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on April 22, 1975, Ordinance No. 75-16 was adopted by the Board of
County Commissioners to establish a time, place, and conduct of Board of County
Conunissioner meetings; and
WHEREAS, on September 28, 1981, Ordinance No. 81-54 was adopted by the Board of
County Commissioners to amend Ordinance No. 75-16 to include a procedure for scheduling and
consideration of items of business at the Board of County Commission meetings; and
WHEREAS, between 1981 and 199], Ordinance No. 75-16 was amended multiple times
by the Board of County Commissioners to reflect procedures as they evolved; and
WHEREAS, the Board of County Commissioners has deemed it necessary to amend
Ordinance No. 75-16, as amended, to reflect procedures that are consistent with the present
meeting schedule of Board of County Commissioners; and
WHEREAS, the Board of County Commissioners finds it necessary to amend Ordinance
No. 75-16, as amended, in order to provide greater clarity of procedures; and
WHEREAS. the Board of County Commissioners has determined that it is in the interest
of the health. safety and welfare to adopt this amended Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: Amendment to Section One, Paragraphs 1 through 5 of Ordinance No.
75-16, as amended, codified as Section 2p36 through 240 in the Code of Laws and
Ordinances.
1. Meetings of the Board of County Commissioners:
a. Regular meetings. The Board of County Commissioners shall normally hold its
regular meeting at 9:00 a.m. each second and fourth Tuesday, except on a day designated as a
holiday. interim recess. or as otherwise directed bv an affirmative vote of the maioritv of all
Board members nresent. Meetings may be postponed or cancelled by Bears setieH an affirmative
vote of the maioritv of all Board members oresent. Meetings shall normally be held ffi M the
Collier County Government Center aSliR!)' eetiFtaeuse, Bast }J8flles. and shall be open to the
news media and the public. Meetings may be held in other locations within the County.
Page] of 7
Words underlined are added; words struck through are deleted.
Agenda Item No. 7G
June 12, 2 07
Page 4 f 9
b. Special meetings. When the Chairman or a majority of the Board calls a special
meeting, the County Manaller or his deshmee shall notify the Clerk.. sAall Be Retifiea t6 iBfeFIR
the CeHflty MElHageF, the County Attorney.. and issue oress releases advisine: FepreseFl.ta~iYB5 sf
tile pro.. ,hon be n.tifietl of settiftg the place, date and hour of the meeting and the purpose for
which the meeting is called,
c. Agenda. There shall be an official agenda for each meeting of the Board, which shall
determine the order of business conducted at the meeting.
(1) The Board shall not take action upon any matter, proposal, report or item of
business not listed upon the official agenda. unless a majority of the Board present
consents.
(2) The County Manager shall prepare each agenda in appropriate form
approved by the Board. Matters may be placed on the agenda by the County Manager,
any County Commissioner, the Clerk, the County Attorney, and the constitutional
officers. The agenda shall be prepared and distributed not later than four days preceding
the regular meeting.
(3) All reauests for a continuance of an alZenda item. including matters advertised
for a DubHc hearim!. reauire Board of County Commission aooroval. No versen shall be
entitled to relv for anv reason UDon any assurances that an ae:enda item or DubHc hearinlZ
will be continued. A continuance shall only be lirranted bv an affirmative vote of the
majority of the Board members oresent.
d. Presiding officer, election, duties. The presiding Chairman and Vice-Chairman shall
be elected by a majority of the members of the Board of County Commissioners and said
election shall occur at the first regularly scheduled Board meeting in January of each year. In the
event that the Chairman and/or the Vice-Chairman are not reelected as eetmty Commissioners in
any given year, the Board of County Commissioners shall elect a Chairman and/or Vice-
Chairman, as applicable, on the third Tuesday after the first Monday in November to temporarily
serve until the tirst regularly scheduled Board meeting in January at which time the scheduled
election shall take place. However, the Chairman and the Vice-Chairman shall serve at the
pleasure of the Board. The Vice-Chairman shall preside in the absence of the Chairman. The
Chairman shall become the presiding officer immediately after his or her election. The Chairman
shall preserve order and decorum at all meetings. He shall state every question and armounce the
decision of the commission on each item of business. The majority vote of the members present
shall determine all questions of order not otherwise covered. The Chairman may vote on any
question, his or her name being called last. The Chairman shall sign all ordinances, resolutions
and legally binding documents adopted by the Commission during his or her presence. In his Q!
her absence, such ordinances, resolutions and legally binding documents shall be signed by the
presiding officer.
e. Call to order. At the hour appointed for the meeting, the Chairman shall immediately
call the Board to order. In the absence of the Chairman and the Vice-Chairman, the Clerk shall
determine if a quorum is present and call for election of a temporary Chairman to serve until
arrival of the Chairman or Vice-Chairman.
Page 2 of 7
Words underlined are added; words struck through are deleted.
Agenda Item No. 7G
June 12, 2 07
Page 5 f 9
f. Quorum. A majority of the Board shall constitute a quorum. No resolution, legally
binding document or motion shall be adopted by the Board without the affirmative vote of the
majority of all members present. Should no quorum attend within 30 minutes after the hour
appointed for the meeting, the Chairman, Vice-Chairman, or in their absence, the Clerk or his
designee, may adjourn the meeting.
g. Super-Majority Exception. Whenever provided by general law, special law,
ordinance, Of as specified by resolution adopted by a majority of the full membership of the
Board, and notwithstanding subsection 1.f, a motion, ordinance, legally binding document Of
resolution may be required to be adopted by an affinnative vote of four-fifths (4/5) of the full
membership afthe Board.
h. Rules of debate. The following rules of debate shall be observed by the Board.
Except as herein provided questions of order and the conduct of business shall be governed by
Robert's Rules of Order.
(1) Motion under consideration. When a motion is presented and seconded, it is
under consideration and no other motion shall be received thereafter, except to adjourn,
to lay on the table, to postpone, or to amend Wltil the question is decided, These
countermotions shall have preference in the order in which they are mentioned, and the
first two shall be decided without debate. Final action upon a pending motion may be
deferred until the next meeting by majority of the members present.
(2) Chairman participation. The presiding Chairman may move, second and
debate from the chair, and shall not be deprived of any of the rights and privileges of a
Commissioner by reason of being the presiding Chairman.
(3) Form of address. Each member shaH address only the presiding officer for
recognition, shall confine himself to the question under debate, and shall avoid
personalities and indecorous language.
(4) Interruption. A member, once recognized, shall not be interrupted except by
a call to order or as herein otherwise provided. If a member is called to order, he shall
stop speaking until the question is determined by the presiding officer. Any member may
appeal the decision of the eChaiI1lli!D to the Board for decision by majority vote.
(5) Privilege of closing debate, The Commissioner moving for the adoption of
an ordinance, resolution or other act shall have the privilege of closing debate unless
otherwise directed by the chair.
(6) The question. Upon the closing of debate any member may require a roll call
vote. Any member may give a brief statement or file a written explanation of his or her
vote.
i. Minutes. The minutes of prior meetings approved by a majority of the members
present shall become the official minutes. Each resolution, ordinance and legally binding
document shall be signed by the presiding officer at the meeting and by the Clerk and entered in
the minutes.
2. Addressing the Commission:
Page 3 of 7
Words underlined are added; words struck through are deleted.
T
Agenda Item No. 78
June 12, 2 07
Page 6 f 9
a. If a subject is not on the agenda for a meeting of the Board of County Commissioners
it may be added by motion and an affinnative vote of a majority .y.ete of all Board members
Dresen! that the subj eel should not be delayed until the next meeting.
b. Any person appearing to provide the Board factual information or expert opinion to
consider prior to taking official action shall be governed by the following procedure:
(1) Prior to addressing the Board the speaker shall approach any Dodium or any
other olace otherwise desirnated bv the Board of County Commissioners for this Duroose
the weHt eMtter sf the eSRfereRee tal31e and clearly state his or her full name, home
address, the name of the person or entity that he or she represents and the subject of his QI
her address.
(2) Before providing factual infonnation or expert opinion the speaker may ask,
and any Commissioner may require the speaker to be placed under the following oath
with right hand upraised:
"1 willfully swear under oath the facts and testimony 1 furnish this Board
to he the truth, the whole truth and nothing but the truth, and not
inconsistent or contradictory with other statements made by me under
oath.1I
No person shall be required to take this oath more than once in any given day, but shall
be reminded he is under oath before again addressing the Board. Each commissioner,
staff memher ami eowH)' Bffifllsyee shall take the oath one time and be considered under
oath during the term of his office.
Those asking questions or desiring to comment on a matter before the Board shall not be
required to take the oath. Any Commissioner may at any time request such a speaker to
take the above oath.
(3) Each person shall limit his address to H;<e three minutes unless granted
additional time by the Chairman or bv an affirmative vote of the majority -vete of the
Board members oresen!. All remarks shall be to the Board as a body and not to any
individual member. No person other than a Commissioner shall discuss directly or
through a Commissioner, without authorization of the presiding officer.
(4) Any person making impertinent or slanderous remarks or who becomes
boisterous shall be instructed to remain silent by the presiding officer, until permission to
continue is granted.
3. Sergeant-at-arms:
The County sheriff, or his deputy, shall be the sergeant-at-arms at meetings of the Board of
County Commissioners and shalt carry out all orders of the Chainnan to maintain order and
decorum.
4. Action to be taken by resolution, ordinance or motion:
Each action of the Board of County Commissioners shall be taken by resolution, ordinance or
legally binding document approved as to form by the County Attorney, except approval of
administrative matters may be by motion adopted and recorded in the minutes.
5. Adjournment:
A motion to adjourn shall always be in order and decided without debate.
Page40f 7
Words underlined are added; words struck through are deleted.
Agenda Item No. 7G
June 12, 2 07
Page 7 f 9
SECTION TWO: Amendment to Section One, Paragraphs 6 and 7 of Ordinance No, 75-16,
as amended, codified as Section 2-41 and 2.42 in the Code of Laws and Ordinances.
6. Reconsideration of matters generally:
a Any matter which has been voted upon by the Board of County Commissioners may
be reconsidered as follows:
(1) By a motion to reconsider made by a member who voted with the majority if
such motion is made prior to the adjournment of the meeting at which the matter was
voted upon. but only in accordance with suboaraiZfaohs Cd) and (e) or this subsection.
(2) By a motion to reconsider made by a member who voted with the majority if
such motion is made at a regular meeting S1:l6SBEllieRt t8 following the meeting at which
the matter was voted upon, but only in accordance with tRe proeedlifBs set farth if!.
subparagraphs (b) through (e) of this section.
b. Where a member wishes the Board to reconsider a matter after the adjournment of the
meeting at which it was voted on, the member shall deliver to the County Manager a written
memorandwn stating that the member intends to introduce a motion to reconsider. The
memorandum shall state the date of the regular meeting at which the member intends to
introduce such motion, and shall be delivered to the County Manager at least six days prior to
such meeting. The purpose of this requirement is to allow the staff to advise the Board of the
legal or other ramifications of reconsideration.
e. Up OR aaeptis8 of a metieR ta ree~lRsiaer, the CeuHtj' M8:Rager snaIl plass tRe item en
the agsR8.a fer the sasaRa r8~lar Fflsetiag felle.:iag the meeting at ^'hisa the metieR "(,'as
a.apto..
e.f.:. No motion to reconsider shall be made fte-ffiEtfEl @Y later than ~ the second
relIDlar Board meetinl! following the Board's vote on the matter sought to be reconsidered.
d. Unon adootion of a motion to reconsider. the Countv Manal!er shall olace the item on
an al!enda not later than the second re!:!ular Commission meetine: following the meetine: at which
the motion for reconsideration was adooted.
e. This section shall apply to any matters which may lawfully be reconsidered except
those matters which are covered by Paragraph 7 below.
7. Reconsideration ofland use matters coaiBg, $8 eSfflj3reR13nsive J3laR requests:
a. Applicability. TRis seetion applies 85 fellews:
EB Te sitl;l.atisRs Any matter in which the Board of County Commissioners ill:
Board of Zonine: Appeals. as the case mav be. has denied a request to change the land use
designation of a parcel of land. a reauest for site snecific rezone initiated bv a netitioner
or his or her aeent. variance. conditional use. license. oermit or other land use-related
reQuest. flW'Sl;I.ant te the 88HlflFe'R8Flsi'. e lEma use fllan ar where the Be81'S. sf CeliRt)'
Cemmissianers has denied a IH'ep8Stle petitien t6 e'R8Jl.ge the eBRing elassifieatisR en a
flaresl sf lW'le. }. rSlltiest fer reesRsieef&tieR 'fflaj' 68 ffiaae anly 19) ilie petitisRer,
(2) T8 all sih:latisns ia n hiek tll.e BaalS sf CSl:lnty CSR1FHissiaRers, aetiag iR R
quasi juaieial eapasit)', has aeRies a.lieeRse, )38fFHit, or ether a13flre :a1.
b. Request for reconsideration bv Petitioner, The petitioner shaH-mav request
reconsideration of a petition in writing to the County Manager no later than witffiB 15 days e.f
Page 5 of 7
Words underlined are added; words struck through are deleted.
r
Agenda Item No. 7G
June 12, 2 07
Page 8 f 9
from the date of the Board's action denying the original petition. This request shall be
jurisdictional, and no motion for reconsideration may be made by any member of the Board
where such a request was untimely 61[881'31 as l'3f8Viaea iR 5l:li:lseetieR 0) efthis seetieR.
c. Motion for reconsideration bv a Board member who voted in the maioritv. Any
member of the Board who voted with the majority (or in the case of a rezoning or chane:e in land
use desillI1ation, voted against) on the original action or petition may move for a reconsideration
of the action or petition at any regular meeting of the Board within 15 days of the date of the
request for reconsideration. If no rewlar meetiml. of the Board occurs within 15 days of the
reauest for reconsideration. the Board member may move for a reconsideration of the action or
oetition no later than the first meetine of the Board that follows the County Mana2er's receint of
the roouest for consideration. This motion shall be made during that portion of the Board's
agenda entitled "Board of County Commissioners' Repert." If no motion for reconsideration is
made during this time period, the request shall be deemed denied. The motion may specify a date
certain apOD which the action or petition will be reconsidered, but m no event shall such
reconsideration take place less than 14 days nor more than J{) 45 days from the date the motion
to reconsider is adopted.
d. Action on motion for reconsideration. The Board shall either act on the motion for
reconsideration at the meeting at which such motion is made or may table the motion for no
longer than the next regular meeting of the Board. If the motion is not finally acted upon by the
adjournment of the next regular meeting of the Board after the motion has been made. it shall be
deemed to have been denied.
e. Scheduling of pelition for reconsideration. If the motion for reconsideration is
granted, the County Manager shall schedule the petition on the agenda for the regular Board
meeting which was specified in the motion for reconsideration, or if no date is specified then on
the fGtHtll second regular Board meeting following the meeting at which the motion is granted.
f. No hearing or debate on motion for reconsideration. A motion for reconsideration
shall not require public hearing, and neither the petitioner nor any other person shall have the
right to address the Board considering the merits of such a motion. However, the Board may
request infonnation of the petitioner, the staff or any other person in order to better infonn itself
prior to acting upon the motion. The purpose of this provision is to prevent either the petitioner
or any other person from debating the merits of the petition prior to its full consideration at a
regularly scheduled Board meeting where the petition is reconsidered.
g. [Procedures outlined. ] The procedures outlined herein shall not constitute an
administrative remedy, and the defense of failure to exhaust administrative remedies shall not be
raised if a petitioner declines to utilize these procedures and instead elects to pursue judicial
remedies following the denial of the petition. The time period for seeking judicial relief
following denial of those matters contemplated by subsection (a)(2) of tills section shall run from
the time the Board votes on such matter, and a motion hereWlder shall not alter such time period.
h. [Initial vote. ] Where the initial vote was made after an advertised public hearing,
any reconsideration of such vote shall comply with all advertisement and notice provisions that
were legally required for the initial public hearing.
Page60f 7
Words underlined are added; words struck tlrrough are deleted.
Agenda Item No. j7G
June 12, 2007
Page 9 of 9
i. RceaIlsiae13tiSTt at petitislt5 1 eBen/I} denies. lfi rseegRiasR sf the fast thtit several
flstitisRS fer \'IRish. this seetien '::81:1.18. 1:18 RJlJ3lieal31e Rw:e rseeBtl) BeeR damed BY thB Beent, aHa
in reesgRitieR sf the faet that tfi8 rsssRsideraaen sf same sf these PStiti885 IRS) he meFiteReUB
aRe la the fJ1tBlie iatBrsat, it is hsreey deelW'ea that the prs\'isiens efs1::19seetisn (8) efthis seetieR
are hereB)' \', ai, eel. fer any petitions staam'iaB entitleS. te reesRsideratisn ....:kieh R8?:e seeR aeRies
b) the Beord ,allsequeat te May t, 1981, and pRer Ie Ooleber 8, 1981. ill. liou ef the
req1iireffi8nts sf SHBseetisa (8), petiaeHBFs ',,,h.e ere etkBn':ise eligiBle fer reesRsiaeratisn may
fBEl\:lBst rsesRsiaeratisR in \',ritiHg Be later than 15 elB)'s rellewing SefJtelftt:ler 29, 1991.
SECTION THREE: Coafliclaad Severability,
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION FOUR: Inclusion in Ihe Code of Laws aad Ordinances
The provisions of this Ordinance shall become, and be made a part of, the Code of Laws
and Ordinances ofeollier County, Florida. The sections of the Ordinance may be renumbered or
re-Iettered to accomplish such, and the word "ordinance" may be changed to "section", lIarticle",
or any other appropriate word.
SECTION FIVE: EffectIve Dale.
This Ordinance shall take effect upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this _ day of ,2007.
ATTEST:
Dwight E. Brock, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
James N. Coletta, Chairman
Approved as to fonn and legal sufficiency:
Page 7 of 7
Words underlined are added; words struck through are deleted.
T
Agenda Item No. 17H
June 12, 2007
Page 1 of210
EXECUTIVE SUMMARY
PUDZ-2005-AR-8379 Home Dynamics of Naples, LLC, represented by Robert Duane,
AICP, of Hole Montes, Inc., is requesting a rezone from the Rural Agricultural (A) zoning
district to the Residential Planned Unit Development (RPUD) zoning district for project to
be known as Boxwood RPUD for property located on the east side of Collier Boulevard
(CR-951) and approximately V. mile north of Vanderbilt Beach Road and further described
as 14290 - 14300 Collier Boulevard, in Section 35, Township 48 South, Range 26 East,
Collier County, Florida.
OBJECTIVE:
To have the Board of County Commissioners (BCC) consider an application to rezone the
subject site from a Rural Agriculture (A) zoning district to a RI'UD zoning district for the
purpose of permitting a planned residential deyelopment with an affordable housing density
bonus and to make sure that the projcct is in harmony with an the applicable codes and
regulations in order to ensure that the community's interests are maintained.
CONSIDERA nONS:
The petitioner desires a rezoning of approximately 29.9 acres to RPUD for the purpose of
developing 207 dwelling units of which 20 percent of the total number of units shall be for GAP
and affordable/workforce housing, subject to an agreement between the deyeloper and the Board
of County Commissioners authOlizing the affordable housing density bonus and imposing
coyenants and restrictions. The petitioner had originally requested 238 units, but after
discussions with the adjoining neighbors (Vanderbilt Country Club Homeowners Association),
the petitioner has agreed to reduce the total number of dwelling units to 207, as well as to
provide a wider building separation for residential structures along the northern property line.
The base density of the project is 4 dwelling units per acre :md the density bonus for
affordable/workforce housing is 2.97 dwelling units per acre. This results in a total of 6.97 units
per acre. Access to the subject property shall be from CR-951. The PUD Master Plan (See
Exhibit "C" of the RI'UD Ordinance) depicts an access drive extending 1,350 feet to the area
proposed for multi- family residential dcvelopment. The access driye will be paralleled by a
1.89 acre lake area and a 4.15 acre preserve area. A portion of this deyelopment's wetland
preserve area aligns with the proposed future wetland preserve to the south, which is a part of the
Bucks Run MPUD. A future shared access for the undevelopcd propcrty to the north has been
provided, and language has been proyided in the PUD to ensure that the placement of a gate will
proyide sufficient area for shared access on the main access driye to allow the access to the
north.
A wall and yegetative landscaping buffering is proposed along the north, east, and south property
boundary of the residential deYelopment area. Those wall areas adjoining the Vanderbilt
Country Club PUD to the north and east are proposed to be constructed at the outset of
deyelopment prior to the start of horizontal construction.
Page I of'S
Agenda Item No. 17H
June 12, 2007
Page2of210
FISCAL IMPACT:
The rezoning by and of itself will haye no fiscal impact on Collier County. There is no
guarantee that the project, at build out, will maximize its authorized level of development,
howeyer, 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 Improyement Element of the Growth Management Plan as
needed to maintain adopted Leyel of Service (LOS) for public facilities. Additionally, in order
to meet the requirements of concurrency management, the developer of eyery local development
order approved by Collier County is required to pay 50 percent of the estimated Transportation
Impact Fees associated with the project. Other fees collected prior to issuance of a building
pennit include building permit reyiew fees and utility fees associated with connecting to the
County's water and sewer system.
Please note that the inclusion of impact fees and taxes collected are for infom1ational purposes
only; they are not included in the criteria used by Staff and the Planning Commission to analyze
this petition.
GROWTH MANAGEMENT PLAN IMPACT:
The subject property is designated Urban (Urban - Mixed Use District, Urban Residential
Subdistrict), as identified in the Future Land Use Element (FLUE) of the County's Growth
Management Plan (GMP). Relevant to this petition, this Subdistrict permits residential
development (ymiety of unit types) at a base density of four (4) residential units per gross acre,
plus any applicable and requested density bonuses, and recreatior and open space uses. The
applicant is requesting an affordable workforce housing density honus, at a density of 2.97
dwelling units per acre, or a total of 207 dwelling units, for a gross density of6.97 units per acre.
Based upon the above analysis, staff concludes that the proposed rezone may be found consistent
with the Future Land Use Element (FLUE).
AFFORDABLE HOUSING IMPACT:
The RPUD proposes 207 dwelling units of which 20 percent of the total number of units shall be
for GAP and affordable/workforce housing, subject to the Affordable Housing Density Bonus
Agreement between the developer and the Board of County Commissioners authorizing the
affordable housing density bonus and imposing coyenants and restrictions.
ENVIRONMENTAL ISSUES:
Environmental Services Department Staff has reyiewed the petitIOn and has recommended
approval subject to the conditions contained in Exhibit "F.6" of the RPUD Ordinance.
Page 2 01'5
Agenda Itern No, 17H
June 12, 2007
Page 3 of 210
ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION:
The Environmental Advisory Council (EAC) was not required to review this petition because the
subj ect property had been previously impacted with the previous uses.
PLANNING COMMISSION RECOMMENDATION:
The Collier County Planning Conunission (CCPC) heard the petition on May 3, 2007 and
continued it to their May 17, 2007 meeting. The CCPC heard petition PUDZ-2005-AR-8379 on
May 17, 2007 and by a vote of 9 to 0 recommended to forward this petition to the Board of
County Commissioners (BCC) with a recommendation of approval subject to the following
conditions:
1. The BCC approve a deviation from LDC Section 6.06.01 that requires a 60-foot wide
local road right-of-way to allow for a 42-foot right-of-way width per the petitioner's
request.
Because the CCPC approval recommendation was unanimous and no letters of objection have
been received, this petition has been placed on the Summary Agenda.
LEGAL CONSIDERATIONS:
This is a site specific rezone from the Rural Agriculture (A) Zoning District to a Residential
Planned Unit Development (RPUD) Zoning District for a project known as the Boxwood RPUD.
Site specific rezones are quasi-judicial in nature. As such the burden falls upon the applicant to
prove that the proposed rezone is consistent with all the criteria set forth below. The burden then
shifts to the Board of County Commissioners, should it consider denying the rezone, to
detennine that such denial would not be arbitrary, discriminatory or unreasonable. This would
be accomplished by finding that the proposal does not meet one or more of the listed criteria
below.
Criteria for PUD Rezones
Ask yourself the following questions. The answers assist you in making a determination for
approval or not.
I. Consider: 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. Is there an adequacy of evidence of unified control and suitability of 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.
Page 3 of5
Agenda Itern No. 17H
June 12, 2007
Page 4 of 210
3. Consider: Conformity of the proposed PUD with the goals, objectives and policies
of the growth management plan.
4. Consider: 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. Is there an adequacy of usable open space areas in existence and as proposed to serve
the development?
6. Consider: The timing or sequence of development (as proposed) for the purpose of
assuring the adequacy of available improvements and facilities, both public and
private.
7. Consider: The ability of the subject property and of surrounding areas to
accommodate expansion.
8. Consider: Conformity with PUD regulations, or as to desirable modifications of
such regulations in the particular case, based on detennination that such modifications
are justified as meeting public purposes to a degree at least equivalent to litera]
application of such regulations.
9. Will the proposed change be consistent with the goals, objectives, and policies and
future land use map and the elements of the growth management plan?
10. Will the proposed PUD Rezone be appropriate considering the existing land use
pattern?
11. Would thc requested PUD Rezone result in the possible creation of an isolated district
unrelated to adjacent and nearby districts?
12. Consider: Whether existing district boundalies are illogically drawn in relation to
existing conditions on the property proposed for change.
13. Consider: Whether changed or changing conditions make the passage of the
proposed alUendment necessary.
14. Will the proposed change adversely influence living conditions in the neighborhood?
15. Will the proposed change 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?
16. Will the proposed change create a drainage problem?
17. Will the proposed change seriously reduce light and air to adjacent areas?
] 8. Will the proposed change adversely affect property values in thc adjacent area?
19. Will the proposed change be a deterrent to the improvement or development of
adjacent property in accordance with existing regulations?
Page 4 ofS
Agenda Itern No, 17H
June 12, 2007
Page 5 of 210
20. Consider: Whether the proposed change will constitute a grant of special privilege
to an individual owner as contrasted with the public welfare.
2]. Are there substantial reasons why the property cannot ("reasonably") be used m
accordance with existing zoning? (a "core" question...)
22. Is the change suggested out of scale with the needs of the neighborhood or the
County?
23. Consider: Whether it is impossible to find other adequate sites in the County for the
proposed use in districts already permitting such use.
24. Consider: 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.
25. Consider: The impact of development resulting from the proposed PUD rezone on
the availability of adequate publicfacilities and senJices consistent with the levels of
service adopted in the Collier County Growth Management Plan and as defined and
implemented through the Collier County Adequate Publk Facilities Ordinance (Code
Ch.! 06, Art. II], as amended.
26. Are there other factors, standards, or criteria relating to the PUD rezone request that
the Board of County Commissioners shall deem important in the protection of the
public health, safety, and welfare?
The BCC must base its decision upon the competent, substantial evidence presented by the
written materials supplied to it, including but not limited to the Staff Report, Executive
Summary, maps, studies, letters from interested persons alld the oral testimony presented at the
BCC hearing as these items relate to these criteria.
RECOMMENDA nON:
Staff recommends that the Board of County Commissioners approve Petition PUDZ-2005-AR-
8379 subject to the following condition:
1. The BCC approve a deviation from LDC Section 6.06.01 that requires a 60-foot wide
local road right-of:way to allow for a 42-foot right-of-way width per the petitioner's
request.
PREPARED BY:
Michael 1. DeRuntz, CFM, Principal Planner
Department of Zoning and Land Development Review
Page 5 of5
Item Number:
Item Summary:
Meeting Date:
Page I of I
Agenda !tem No. 17H
June 12,2007
Page 6 of 210
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
171-1
Petition PUDZ,,2005.AR.8379 (MOl Home Dynamics of Naples, U C ,'epresented by Robert
Duane ,A,ICP of Hole Montes, Inc, IS requesting 11 rezone from tilE' Agricultural (A) zoning
district to Ihe Residential Plar1ned Unit Devetopment (RPUOj zoni'l'J distnct for prOject 10 be
known as Boxwood RPUO, nll~ subject property consisting of 296'1 acres, With a maximum
oi 2D7 residen11al dwelling units of w~lIdl 20 percent of Hle lotat nUf1lbel' of units will be for
Mfordabte"Wor"kforceHOUSIf1g, is located at 1<1290 14300CoIl:er B ilule,'ard,Sectton35,
Townshrp 48 South, Range 26 Eas!. Collier County, Fiarida, Ttlis itl In reqUires Ihat all
participants be sworn Ifl and ex parte disclosure be provldetlby CorllT'issionmernbers
6/12/2007 gOOeO/\M
Date
Prepared By
MichaelJ,DeRuntl
Community Development &
Environmentlll$ervices
PrinciplllPlannar
Zoning & Land Development Review
5/24/20071::09:56 PM
Date
Approved By
MarleneSte-wart
Community Development &
Environmental Services
Executive Secretary
Community Development &
Environmental Services Admin
5/25/20073: OPM
Date
Approved By
JudyPuig
Community Devetopment &
EnvironmentaiServices
Operations Analyst
Community Development &
Environmental Services Admin.
5125/20013:3 PM
Date
Approved By
Marjorill M, Student.Slirling Assistant County Attorney
6/4/20073:4, PM
Approved By
County Attorney County iI,ttomoy- Office
Ray Beilows
Community Development &
Environmental Services
Ctlieiptanner
Date
Zoning & Land Development Review
615/20076:EAM
Do"
Approved By
Susan Murray, AICP
Community Development I>.
Envir<:mmentalServices
Zoning & Land Development Director
Zoning & Land Dellelopmeflt Review
6/5/20078:28 AM
Date
ApP,'oved By
NickCasalanguida
TransportutionSorvicos
MPODlrllctor
Tran5portalionPlanning
615120074:20 PM
Approved By
Joseph K. SChmitt
Community Development &
Envir~nmantlll Services
Community Developmeot &
Environmental Services Adminstrator
Date
Community Development I>.
Environmental Services Admin
6161200711:1( AM
Date
Approved By
Mark Isackson
County Manager's Office
Budget Afl"lyst
Office of Management 8. Budget
6/G1200712:0E PM
Dale
Apllroved By
JamesV. Mudd
Board of County
Commissioner!>
County Manager
County Manager's Office
6/612007 4:34 ~M
file://C:\AgcndaTest\Export\84-June%20 12,%202007\ 17 .%20S UMMAR Y%20ACiENDA \ 17.. 6/6/2007
Agenda Itern No, 17H
June 12, 2007
Page 7 of 210
Co~T County
- -- ~ - -- ~
STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
FROM:
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
HEARING DATE: APRIL 19,2007
SUBJECT:
PETITION PUDZ-05-AR-8379, BOXWOOD RPUD
AGENT/APPLICANT:
Owner: Home Dynamics of Naples, LLC
4788 West Commercial Blvd.
TalUarac, FL 34110
Agent: Robert Duane, AICP
Hole Montes, Inc
950 Encore Way
Naples, FI 341 10
Richard D. Yovanovich, Esq.
Goodlette, Coleman & Johnson
4001 Tamia!TIi Trail, North, Suite 300
Naples, FL 34110
REOUESTED ACTION:
Home Dyna!TIics of Naples, LLC, represented by Robert Duane, AICP, of Hole Montes, Inc., is
requesting a rezone from the Rural Agricultural (A) zoning district to the Residential Planned Unit
Development (RPUD) zoning district for project to be known as Boxwood RPUD.
GEOGRAPHIC LOCATION:
The subject property is located on the east side of Collier Blvd. (C.R. 951) approximately J;' mile
north of Vanderbilt Beach Rd. in Section 35, Township 48 South, Range 26 East. (See Location Map
on the following page)
PUDZ-05-AR-8379, BOXWOOD RPUD
cepe MEETING APRIL 19,2007
Page] 01'19
.
Agenda Itern No. 17H
June 12. 2007
Page 8 of 210
The Next Two Pages
Should contain the Location
Map and the PUD Master Plan
PURPOSEIDESCRIPTION OF PROJECT:
PUDZ-05~AR-8379, BOXWOOD RPUD
Page 2 of19
cepe MEETING APRIL 19,2007
Agenda Itern No. 17H
June 12. 2007
Page 9 of 21 0
The subject property is located on the east side of Collier Boulevard (CR 95 I) approximately one-
quarter {I/.} mile north of Vanderbilt Beach Road (CR 862) and comprises 29.9 acres. Prior to
purchase by Home DynalTIics of Naples, LLC, the subject property was used for a horticultural
nursery at the time of the application for rezoning. The property is currently developed with a single-
falTIily dwelling unit alld a nursery related accessory structure. This site currently drains from the
northeast to the southwest to a canal along the western property boundary.
The RPUD proposes 238 dwelling units of which 30 percent of the total number of units shall be for
GAP and affordable/workforce housing, subject to an agreement between the developer and the
Board of County Commissioners (BCC) authorizing the affordable housing density bonus and
imposing covenants and restrictions. The base density of the project is 4 dwelling units per acre and
the density bonus for affordable/workforce housing is 3.95 dwelling units per acre. This results in a
total of7.95 units per acre. Access to the subject property shall be from CR-951. An existing bridge
spans the Big Cypress Basin Canal, which provides access to the subject. The petitioner has
proposed that "No Certificate of Occupancy (CO) shall be issued for residential dwellings until such
time as Collier Boulevard (CR 951) is widened to six lanes from Immokalee Road (CR 846) to
Vanderbilt Beach Road (CR 862)."
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The PUD Master Plan depicts an access drive extending 1,350-feet to the area proposed for multi-
falTIily residential development. The access drive will be paralleled by a 1.89 acre lake area and a
4.15 acre preserve area. A pOltion of this development's wetland preserve area aligns with the
proposed future wetland preserve to the south, which is a part of Bucks Run MPUD. A future shared
access for the undeveloped propelty to the north has been provided, and language has been provided
in the PUD to ensure that the placement of a gate will provide sufficient area for shared access on the
main access drive to allow the access to the north.
PUDZ-05-AR-8379, BOXWOOD RPUD
cepe MEETING APRIL 19,2007
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Agenda Itern No, 17H
June 12. 2007
Page 10 of 21 0
The proposed permitted principal uses are single-family detached dwellings, single-family attached
dwellings, two-family patio and zero lot line, townhouses, and multi-family residential dwelling
units. Minimum lot areas range from 5,000 square feet for single-family detached dwelling units to
4,000 square feet for two-family patio and zero lot line dwelling wlits. The maximum height is
proposed to be 25- feet or two stories.
Wall and landscaping buffering is proposed along the north, east, and south property boundary of the
residential development area. Those wall areas adjoining the Vanderbilt County Club PUD to the
north and east are proposed to be constructed at the outset of construction prior to the start of
horizontal construction.
SURROUNDING LAND USE AND ZONING:
Subject Parcel: Residential and Agricultural Nursery, zoned A
Surrounding- North: Vacant & Vanderbilt Country Club/2.48 units per acre, zoned A & PUD
East: Vanderbilt Country Club/2.48 units per acre, zoned PUD
South: Bucks Run - Vacant/4 units per acre, zoned MPUD
West: CR 951, Industrial, Residential & vacant Sonoma Oakes MPUD/4 units per
acre), zoned county right-of-way then A & MPUD
GROWTH MANAGEMENT PLAN CONSISTENCY:
The subject property is designated Urban (Urban - Mixed Use District, Urban Residential
Subdistrict), as identified in the Future Land Use Element (FLUE) of the County's Growth
Management Plan (GMP). Relevant to this petition, this Subdistrict permits residential development
(variety of unit types) at a base density offour (4) residential units per gross acre, plus any applicable
and requested density bonuses, and recreation and open space uses. The applicant is requesting an
affordable workforce housing density bonus, at a density of 3.95 dwelling units per acre, or a total of
238 dwelling units, for a gross density of 7.95 units per acre.
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. (The proposed PUD is accessed by
Collier Boulevard (C.R. 951), which is a minor arterial road according to the Transportation Element
and therefore consistent with this policy.)
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. (A loop
road is not depicted on the conceptual PUD Master Plan; however, due to the property configuration,
a loop road is not possible and therefore not required.)
PUDZ-05-AR-8379, BOXWOOD RPUD
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Agenda Itern No. 17H
June 12. 2007
Page 11 of 210
AERIAL MAP
Policy 7.3:
All new and eXlstmg developments shall be encouraged to connect their local streets and their
interconnection points with adjoining neighborhoods or other developments regardless of land use
type. Interconnection has been provided to the property that is south of the subject property, and is
shown on the CPUD Master Plan.
Policy 7.4
The County shall encourage new developments to provide walkable communities with a blend of
densities, common open spaces, civic facilities and a range of housing prices and types. (This PUD
provides open space and community facility uses and sidewalks, as depicted on the conceptual plan.
30 percent of the project, or 72 units, will be affordable workforce housing multi-family dwelling
units.)
PUDZ-05-AR-8379, BOXWOOD RPUD
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Page 5 of19
Agenda Itern No. 17H
June 12, 2007
Page 12 of 210
Based upon the above analysis, staff cotc\udes that the proposed rezone may be found consistent
with the Future Land Use Element (FLUE); however, one correction as noted above should be
addressed.
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Transportation Element: The project has been reviewed by Transportation Staff and has been shown
to produce a total of 120 PM Peak Hour trips, 80 entering and 40 exiting. The immediately adjacent
Collier Boulevard roadway is currently under construction and is anticipated to be substantially
complete in the six lane condition by the second quarter of 2009. Collier Boulevard (CR 951) is
classified as a minor arterial roadway, which currently has two to four lanes, and is scheduled to be
improved six lane condition by the second quarter of 2009 in the vicinity of this project. The project
is consistent with Policy 5. I of the Transportation Element of the Growth Management Plan as the
2012 planning and review horizon year shows capacity is available.
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 Plarming Commission
to the BCC also uses these criteria as the basis for their recommendation. Appropriate evaluation of
petitions for 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 staffreview al"e
listed under each of the criterion noted and are sununmzed 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 staffreport (See Exhibit "A" and Exhibit "B").
PUDZ-05-AR-8379, BOXWOOD RPUD
Page6of19
cepe MEETING APRIL 19,2007
Agenda Item No. 17H
June 12, 2007
Page 13 of 210
Affordable Housing Imoact: The developer has committed to construct 30 percent of the project's
238 dwelling units as GAP and workforce housing units in exchange for a density bonus of 3.95
dwelling units per acre. These commitments are further outlined in an Agreement Authorizing
Affordable Workforce Housing Density and Imposing Covenants and Restrictions on Real Property
that is a companion item to this rezoning request (See Exhibit C).
Environmental Analysis: Environmental Services Staff has reviewed the petition and has
recommended approval subject to the conditions contained in Exhibit "F 8" of the Application. The
Environmental Advisory Council (EAC) was not required to review this petition because the subject
property had been previously impacted with the previous uses.
Transoortation Analysis: Staff recommends that all offsite improvements that may be constructed on
Collier Boulevard by the County are paid in full with respect to the actual costs including design,
permitting, mitigation, and construction. The following transportation elements were included in the
petition:
. Payment in lieu of sidewalks and bike lanes,
. Throat depth for the main access drive shall be no less than 100-feet,
. The tum around area shall have sufficient width and sufficient inside turning radii
between access device and gate,
. Access limitations to right-in and right-out only, with no median openings on Collier
Boulevard (CR 951),
. Private maintenance of internal roadway and sidewalk systems,
. No work shall be performed within the site boundaries until all developer
commitments have been met,
. Bridge widening or other modification shall require appropriate permits from South
Florida Water Management District (SFWMD).
Transportation Department staff has reviewed the petition and has recommended approval subject to
the conditions contained in Exhibit "F I." of the Application and which has been incorporated into
the Ordinance for Adoption.
Utilitv Issues: The Utilities Department Staff has reviewed the pel1l1on and has recommended
approval subject to the conditions contained in Section 6.4 of the RPUD Document, which includes
the reservation ofa 50-foot by 120-foot raw water well easement.
Zoning and Land Develooment Review Analvsis: 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 GMP. The subject property is designated
Urban (Mixed-Use District, Urban Residential Subdistrict) as identified on the Future Land Use Map
of the Growth Management Plan (GMP). This district permits residential uses, as proposed, at the
PUDZ-OS-AR-8379, BOXWOOD RPUD
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Agenda Itern No. 17H
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Page 14 of210
density proposed. Staff believes that the petitioner's requested uses and density are compatible with
the FLUE, thus this petition is consistent with the GMP.
Relationship to Existing Land Uses - The subject property is located in the Rural Agricultural (A)
district. Presently, the subject property has been altered extensively through past plant nursery uses,
and currently contains an accessory building and a single-falTIily structure. Immediately to the north
of the subject property is undeveloped woodlands. To the north and east of the site there is
residential development (Vanderbilt Country Club PUD), which was approved for a total of 800
dwelling units on 323 acres (2.48 dwelling units per acre). The Bucks Run MPUD, which is located
to the south, has not started development, but was approved for 154 dwelling units on 39.06:,: acres
(4.00 dwelling units per acre). The Sonoma Oaks MPUD, which is located west of the subject
property, was approved for 112 dwelling units on 38.5:,: acres (4 dwelling units per acre). Staff
believes the density of7.95 dwelling units per acre exceeds the residential density of the surrounding
residential developments, but it is consistent with the GMP's Housing Element Goals and Policies for
"Affordable and Workforce Housing." The proposed uses for the project are compatible with and
comparable to surrounding development and will not adversely impact the existing residential land
uses in the area subject to the alUeliorating elements such as walls and landscaping that is proposed
along the north, east, and southern boundaIies of the residential development area which will meet
the goals of the GMP and enhance the aesthetic quality of this area. In addition, the maximum
building zoned height is 25-feet for the single-falUily dwelling units and 25-feet for the town-home
and multi-falTIily dwelling units. This is comparable to the 35-foot maximum height for single-falUily
and zero lot line single-family and three stories over parking for condominiums approved for
Vanderbilt County Club PUD, 35-feet for the single-family dwelling units and townhome and 45-feet
for multi-family dwelling units for the Sonoma Oaks MPUD, and the 35-foot maximum height for
the east side and 40-feet for the west side approved for the Bucks Run MPUD. The opportunity to
provide an interconnection to the undeveloped property to the north meets Objective 9 of the
Transportation Element for the GMP, which recommends that future developments should strive to
provide interconnections of local streets between developments to facilitate convenient movement
throughout the roadway network, and multiple points of ingress and egress for greater accessibility
for public safety.
Deviation Discussion:
The petitioner is seeking one deviation as identified in Exhibit E of the PUD Rezone Application.
The petitioner has provided justification in support of the deviations in correspondence received by
the staff with the application on December I, 2004 (Exhibit D). Staff has analyzed the deviations and
provides the analyses and recommendations below.
Deviation 1 seeks relief from LDC Section 6.06.01 for the 60 foot right-of-way width requirements.
The petitioner is seeking relief from the requirement to provide a 60-foot wide local road right-of-
way. The petitioner is proposing that:
The private roadway shall have a 42 foot right-of-way width and is to be built with an inverted crown
(runoff flows to the center ofthe roadway).
The petitioner provided the following justification for this deviation:
"That this deviation has been routinely granted and this width can be found sufficient
to accommodate travel lanes, drainage facilities, and utilities. ,.
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Agenda Itern No, 17H
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Page 15 of 210
Staff is supportive of deviation No. I with the stipulation that the streets shall remain private. The
proposed interior roadway system is privately maintained. 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 November 9, 2006 at the Vanderbilt Country
Club, at 5:30 p.m. Approximately 50 people attended, including the applicant's tealU and county
staff. Agent for the applicant, Robert Duane of Hole Montes, Inc., presented a brief overview of the
proposed zoning request and development plan. A question and answer period ensued, with input
from Richard Yovanovich, attorney for the applicant, the developers and county staff project planner.
Among the comments, questions, concerns and commitments, the following was stated:
. Access will be Right In, Right Out from Collier Blvd. (C.R. 951)
. Amenities to include a community pool and cabana
. The masonry wall agreement with Vanderbilt Country Club will be 6 feet high, including a
vegetative buffer on both sides ofthe wall
. The applicant will seek Right of Way deviation
. The "affordable housing" element will contain 48 units of "Gap" housing: 81%-150% of
median income calculation and 24 units of "workforce" housing: 61 %-80% of median income
calculation for a minimum of 30% of the total residential units proposed
. The product will be configured in 2-story town homes
. The "affordable housing" units will be distributed throughout the entire development
. The site wetlands preserve will be contiguous with neighboring development(s)
. The developers, Home DynalUics of Naples, LLC, have built projects on the east coast and are
currently building "Amberton" on Immokalee Road; Mr. Yovanovich offered to take
interested parties on a tour of the developers' projects.
. Mr. Y ovanovich committed to providing the landscape plan and rear elevation(s) to
Vanderbilt HOA president/members at least three weeks before the CCPC public hearing
. Several people stated they want the wall built before site construction, although the applicant
did not respond to the comments with a commitment.
STAFF RECOMMENDATION:
That the Collier County Planning Commission (CCPC) forward a recommendation of approval of
petition PUDZ-05-AR-8379, Boxwood RPUD subject the conditions of approval that have been
incorporated in the Ordinance of Adoption.
PREPARED BY:
PUDZ-05-AR-8379, BOXWOOD RPUD
C(,PC MEETING APRIL 19,2007
Page9of19
MICHAEL J. DE RUNTZ, C.F.M., PRINCIPAL PLANNER
DEPARTMENT OF ZONING AND
LAND DEVELOPMENT REVIEW
DATE
Agenda Itern No, 17H
June 12, 2007
Page 16 of 210
REVIEWED BY:
MARJORIE M. STUDENT-STIRLING
ASSISTANT COUNTY ATTORNEY
DATE
RAY BELLOWS, ZONING MANAGER
DEPARTMENT OF ZONING AND
LAND DEVELOPMENT REVIEW
DATE
SUSAN M. ISTENES, AICP, DIRECTOR
DEPARTMENT OF ZONING AND
LAND DEVELOPMENT REVIEW
DATE
APPROVED BY:
JOSEPH K. SCHMITT ADMINISTRATOR
COMMUNITY DEVELOPMENT &
ENVIRONMENTAL SERVICES DIVISION
DATE
Tentatively scheduled for the May 22,2007 Board of County Commissioners Meeting
COLLIER COUNTY PLANNING COMMISSION:
MARK P. STRAIN, CHAIRMAN
Exhibit A - Zoning Findings
Exhibit B - Findings for PUD
Exhibit C - Agreement Authorizing Affordable Workforce Housing Density and Imposing
Covenants and Restrictions on Real Property
Exhibit D - Application
REZONE FINDINGS
PETITION PUDZ-OS-AR-8379, BOXWOOD RPUD
PUDZ-05-AR-8379, BOXWOOD RPUD
Page JO of 19
cepc MEETING APR1L 19,2007
Agenda Itern No. 17H
June 12. 2007
Page 17 of 210
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 Urban (Urban - Mixed Use District,
Urban Residential Subdistrict) on the Future Land Use Map of the Growth
Management Plan. Specific development requirements are established in the GMP,
and the RPUD Application contains appropriate references assuring compliance with
the provisions of the FLUE.
Con: The staff is concerned with the proposed inconsistency of the density of the
proposed petition and it's the compatibility to the adjoining properties.
Findings: Based on the staffs review, the proposed development would be in
compliance with the Future Land Use Element (FLUE) of the Growth Management
Plan (GMP) for Collier County and addresses the need for affordable and workforce
housing.
2. The existing land nse pattern;
Pro: The Location and Zoning Maps that are attached to the staff report show the
Boxwood RPUD site is located between existing developed or developing residential
properties and GMP Housing Element Policy 1.4 support progra!TIs which are
designed to promote and encourage that affordable housing will be distributed
equitably throughout the County using strategies which include, but are not limited to,
density bonus agreements, and impact fees waivers or referrals. In addition, affordable
housing will be located where adequate infrastructure and services are available. The
proposed amendment is consistent with the Future Land Use designation for this area.
Con: The petitioner's proposes residential uses that are at a higher density and not
compatible with the adjoining residential land uses in activity intensity.
Findings: Staff believes that the petition has provided adequate alUeliorating factors to
offset the adverse impacts from the proposed land uses.
EXHIBIT "A"
3. The possible creation of an isolated district unrelated to adjacent and nearby
districts;
Pro: The Boxwood RPUD 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. Review
staff indicates that since the applicable adequate public facilities either exist or will be
PUDZ-05-AR-8379, BOXWOOD RPUD cepe MEETING APRIL 19,2007
Page 11 of19
Agenda Itern No. 17H
June 12, 2007
Page 18 of 210
provided and that the petition is willing to phase the start and approval of the
development upon the completion of critical facilities, the alUendment 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 alTIendment is for a commercial district which is
compatible with the adjacent and nearby zoning districts,
4. Whether existing district bonndaries are illogically drawn in relation to existing
conditions on the property proposed for change.
Pro: The subject site adjoins a future six lane County roadway Collier Boulevard (CR
951) to the west, existing residential to the north and east, and a proposed planned
residential development to the south. The subject site basically fits within an area that
is undeveloped.
Con: None
Findings: The residential parcel boundaries are logically drawn and they are
consistent with the Urban (Urban - Mixed Use District, Urban Residential
Subdistrict), as identified on the Future Land Use Map (FLUM) of the County's
Growth Management Plan (GMP).
S. 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 GMP Housing Element Policy 1.4 support progralTIs which
are designed to promote and encourage the that affordable housing will be distributed
equitably throughout the County.
Con: The proposed petition was a voluntary action by the petitioner's selection ofthe
subject property. This site requires the BCC to make a finding that the project is
consistent with the GMP, LDC, and approve Agreement Authorizing Affordable
Workforce Housing Density and Imposing Covenants and Restrictions on Real
Property.
Findings: The proposed Boxwood RPUD is compatible with adjacent land uses due to
the ameliorating element provided through wall and landscaping buffering along the
north, east, and southern boundaries of the residential development area.
6. Whether the proposed change will adversely intlnence living conditions in the
neighborhood;
Pro: The County's current land use policies in the F.L.U.E. support the action to
encourage a variety of housing types and affordability opportunities.
PUDZ-05-AR-8379, BOXWOOD RPUD
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Con: Some of the surrounding residential home owners may oppose the construction
of an affordable housing project within or close to their neighborhood.
findings: The proposed Boxwood RPUD 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 projected types of vehicular traffic, including
activity during constrnction 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 east of Collier
Boulevard (CR 951). Collier Boulevard (CR 951) is classified as a minor arterial
roadway, which currently has two to four lanes, and is scheduled to be improved to a
six lane condition by the second quarter of 2009 in the vicinity of this project. It is
also a Collier Alternative Transportation (CAT) route and would be available for use
by persons that would qualify for ownership of the residential units in this
development. The petitioner has agreed to restrict the issuance of CO's until the
improvement to Collier Boulevard (CR 951) is substantially completed. 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, intersection improvements, participating with
payment in lieu for sidewalk and bike lane improvements, and holding final CO's until
the improvement to Collier Boulevard (CR 951) is substantially completed.
r
I
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;
PUDZ-05-AR-8379, BOXWOOD RPUD
cepe MEETING APRIL 19,2007
Page 13 01'19
.
Pro/Con: Evaluation not applicable
Agenda Itern No. 17H
June 12. 2007
Page 20 of 21 0
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 mayor may not affect values, since value determination by law is
driven by market value. The mere fact that a property is given a new zoning
designation or amendment mayor may not affect value.
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 mayor may not affect values, since value determination by law is driven by
market value. The mere fact that a property is given a new zoning designation mayor
may not affect value.
11. Whether the proposed change will be a deterrent to the improvement or
development of adjacent property in accordance with existing regnlations;
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 - Mixed Use District, Urban
Residential Subdistrict), as identified on the Future Land Use Map (fLUM) of the
County's Growth Management Plan (GMP). 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
PUDZ-05-AR-8379. BOXWOOD RPUD
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Agenda Itern No. 17H
June 12, 2007
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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 nsed in
accordance with existing zoning;
Pro: The existing Rural Agricultural (A) zoning does not provide the density needed
to develop the subj ect property for residential uses that would be within the economic
means for persons with incomes that are below 150 percent of the annual Average
Collier County income.
Con: None
Findings: The proposed rezone conforms to the future land use element of the GMP
because it will be used in accordance with the Housing Element of the GMP for
"Affordable and Workforce Housing."
14. Whether the change snggested is ont of scale with the needs of the neighborhood
or the Connty;
Pro: The proposed zoning amendment meets all objective criteria set forth for the
GMP Housing Element Policy 1.4 and conforms to the purpose and intent of the GMP
and all its elements.
Con: None
Findings: The proposed zoning is designed m 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
ofthe GMP, compatibility, adequacy of infrastructure and to some extent the timing of
the action and all ofthe above criteria.
16. The physical characteristies of the property and the degree of site alteration,
which would be required to make the property nsable for any of the range of
potential uses undcr the proposed, zoning classification.
Pro: Any development of this site would require considcrable site alteration with the
existing or the proposed zoning.
PUDZ..o5-AR-8379, BOXWOOD RPLD
cepe MEETING APRIL 19.2007
Page 15 of 19
Con: None
Agenda Item No. 17H
June 12, 2007
Page 22 of210
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
Connty Adeqnate Pnblic 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 of the development approval
process.
FINDINGS FOR PUD
PETITION PUDZ-05-AR-8379, BOXWOOD RPUD
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:
I. The snitability 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 residential uses and the petition
is for residential uses. The petitioner is setting aside a preserve area and has agreed to
interconnect its proposed wetland preservation areas with those to the south (Bucks Run
PUDZ-QS-AR-8379, BOXWOOD RPIJD
Page 16 of]9
cepe MEETING APRIL 19,2007
Agenda Itern No. 17H
June 12. 2007
Page 23 of 21 0
MPUD). 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 undeveloped property to the north.
Con: Not applicable because this project is surrounded by commercial and residential
uses at a density that is lower than the proposed residential petition.
Findings: The proposed change increases density but provides "Affordable and
Workforce Housing." The petition will be in compliance with all county regulations;
therefore the project is suitable for the area.
2. Adequacy of evidence of nnified 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 continning
operation and maintenance of snch areas and facilities that are not to be provided
or maintained at public expense.
Pro/Con: Evaluation not applicable
Findings: Documents submitted with the Boxwood RPUD application provide evidence
of unified control. The Land Development Code and the Ordinance of Adoption 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 Application for Boxwood RPUD that it will be in
compliance with the planning goals and objectives ofCoUier County as set forth in the
Growth Management Plan.
Con: None
EXHIBIT "B"
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 residential planned unit development provides 238 dwelling units of
which 30 percent ofthe total number of units shall be for GAP and affordable/workforce
housing, subject to an agreement between the developer and the Board of County
Commissioner (BCC) authorizing the affordable housing density bonus and imposing
covenants and restrictions.
PUDZ-05-AR-8379, BOXWOOD RPUD
cepc MEETING APRIL 19,2007
Page 17 of19
Agenda Itern No. 17H
June 12. 2007
Page 24 of 21 0
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 adeqnacy of nsabJe open space areas in existence and as proposed to serve the
development.
Pro: The petition meets the minimum Open Space requirements of 60 percent.
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 proposed Boxwood
RPUD is compatible with adjacent land uses due to the ameliorating element provided
through wall and landscaping buffering along the north, east, and southem boundaries of
the residential development area.
6. The timing or sequence of development for the purpose of assuring the adcquacy of
available improvements and facilities, both public and private.
Pro/Con: Evaluation not applicable
findings: The proposed Boxwood 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 LOS degradation is not allowed or the LOS
deficiency is corrected.
7. The ability of the snbject 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 pnblic purposes to a degree at least equivalent to literal
application of such regulations.
Pro: The petitioner has submitted a request for one deviation within the PUD Document.
This dcviation is seeking relief from the requirement to provide a 60-foot wide local road
right-of-way. The petitioner is proposing tl1at the private roadway shall have a 42 foot
right-of-way width and is to be built with an inverted crown (runoff flows to the center of
PUDZ-05-AR-8379, BOXWOOD RPUD
Page 180f19
cepe MEETING APRIL 19,2007
Agenda Itern No. 17H
June 12. 2007
Page 25 of 210
the roadway), and is requested to provide development standards that would help in the
Boxwood RPUD design.
Con: The width of the road right-of-way and the design of the roadway pavement may
not be adequate to facilitate adequate area for the placement of proposed and future
infrastructure.
findings: Staff is supportive of deviation No. I with the stipulation that the streets shall
remain private. The proposed interior roadway system is privately maintained. 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 ofthe community."
PUDZ...o5-AR-8379, BOXWOOD RPUD
cepe MEETING APRIL 19, 2007
Page 19 ofl9
T
Agenda Itern No. 17H
June 12. 2007
Page 26 of 210
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLIERGOV.NET
(i)
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 403-2400 FAX (239) 643-6968
R.:.~..,...'.:ik~E":::~~~..,.~'.f.~."'i*rII~~~j
~1!~,>, " ~.. .. ,. ~. .,\::(:!
PETITION NO <AR)
PROJECT NAME
PROJECT NUMBER
DATE PROCESSED
ASSIGNED PLANNER
To be compleled by staff
''''"
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A'IlPDtC~T 5INEO:RINlWfflI01N'
:?.-:'~_ .,- '.c-.'.- ',c_ !'-,;_ >-:~~~: :'_' '-':'.'-~;,:'_<:::.i."~'l\':\rfr:{'t:_~\;::'_:: :<':':."
,,' ., "'r ;;'P~'." ,:._ .
.
NAME OF APPLICANT(S) Home Dvnamics Naples. LLC
ADDRESS 4788 West Commercial Boulevard ClTYJ'alllarac STATE PL ZIP 33319
TELEPHONE II 954-484-4800 Ext 13 CELL II
FAX 11561-616-0077
E-MAIL ADDRESS:adelfino@homedvnamics.colll
NAME OF AGENT Rohert L, Duane AICP, Hole Montes. [nc
ADDRESS 950 Encore Way CITY Naples STATE FL ZIT' 34110
TELEPHONE II 239-254:2000 CELL II
FAX II 239-254-2099
E-MAIL ADDRESS:bobduane@hmeng.com
NAME OF AGENT Richard D. Y ovanovich, Esquire of Goodlette, Coleman & Johnson
ADDRESS 4001 TanliamiTrail,North.Suite300 CITY Naplcs STATE FLZIP 34/10
TELEPHONE II f239) 435-3535 CELL II
E-MAIL ADDRESS: rvovanovich(iV,gcilaw.corll
FAX # (941) 435-1218
H:\2004\2004lI2\WP\PUD ReLone\2001\R~5lIbmifllll for continuallce 5_07\Rcviscd ^PIJlicatioIl6-01-07 (21)clellll,docPagc 1 of24
Agenda jtern No. 17H
June 12. 2007
nM~ ~~ nf 0 10
BE' AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE
YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH
THESJ~ REGULATIONS.
Iv., ..'o'. --
.4~';,i--:t.)i ,,:.::
. A$&W.-Qi.4;iJ;i~~~$'i' '. .,."
.. ".:'i::::::'i'~1
Complete the following for all Association(s) affiliated with this petition. Provide additional
sheets if necessary.
NAME OF HOMEOWNER ASSOCIATION: Vanderbilt Country Club NA
MAILING ADDRESS ~34_~J:!len Eagle Way CITY Naples
STATE FL ZIP
NAME OF HOMEOWNER ASSOCIATION:
MAILING ADDRESS
ZIP
CITY
STATE
NAME OF CIVIC ASSOCIATION:
MAILING ADDRESS
CITY
STATE
ZIP
....:Di~.#Q$urei.bJ\mfei~~~[il:(4!1m~il~.i!\:..-
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 pel'centage of such interest. (Usc additional sheets if necessary).
Name and Address
Percentage of Owncrship
b. If the property is owncd by a CORI'ORATION, list tbc officers and stockholders
and the pcrcentage of stock owned by each.
Name and Address
Percentage of Ownership
H:\20Q4\2004! 12\WI'\PUD Rez('Jllc\7.007\RcsubmHln[ forcontinu<lllce 5_01\Revised Application 6-0]-07 (2] )clc<lll.docrage 2 of24
e.
Agenda Item No, 17H
June 12, 2007
If the pr()perty is in the name of a TRUSTEE, list the beneficial'ies ()f the ~j!a~t2~~t.210
the percentage of interest.
Name and Address
Percentage of Ownershill
d. If the properly is in the name of a GENERAL or LIMITED PARTNERSHIP, list
the name of the general and/or limited partne,'s.
Name and Address
Percentage of Ownership
Parcels #1. 2 & 3: (folio # 00206560001 & # 00206800004 & 002059(0000)
Home Dynamics of Naples, LLC:
David Shack
100%
e. If there is a CONTRACT FOR PURCHASE, with an individual or individnals, a
COI'poration, Trustee, 01' a Partnership, list the names of the contract plII'chasers
below, inclnding the officers, stockholders, beneficiaries, or partners.
Name and Address
Percentage of Ownership
Date of Contract:
H:\2004\2004112\WP\PUD Rczone\2007\ResubmiUal fQl' COlltltHllUlCC 5_07\Reviseu Application 6-01-07 (21 }clenn,docPage 3 of24
Agenda Itern No. 17H
June 12, 2007
Page 29 of 21 0
f. If any contingency clause or contract terms involve additional parties, list all
individuals or orficers, if a corporation, partnership, or trust.
Name and Address
g. Date subject property acquired [g] Jauuarv 10.2006 and June 15. 2005 leased 0
If, Petitioner has option to buy, indicate the following:
Date of option:
Date option termiuates:
Anticipated closing date
, or
h. Should any changes of ownership or changes in contracts for pnrchase occnr
subseqnent to the date of application, but pdor to the date of the tinal public hearing,
it is the responsibility of the applicant, or agent on his behalf, to snbmit
a supplemental disclosure of interest form.
PROPl'lRJW..l,Q(;}AJ).IQN'
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Detailed le!!al descriptiou of the property covered bv tbe apJllication: (If space is inadequate, attach on
separate Ilage.) If request iuvolves change to more thau one zoning district, iuclude separate legal
<Ieseription for lll'ol,erty involved in each district. Applicaut shall submit four (4) copies of a recent
survey (completed within the last six mouths, 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 descriptiou. If questions arise
concerning the legal description, an cngineer's certiticatiou or sealed survey may be required.
Sectio nlTownsbil,lRange
35 I 48S / 26E
Lot:
Block:
Subdivision:
Plat Book
Page #:
prOllerty I.D.#: 00205960000, 00206560001 & 00206800004
Metes & Bounds Metes & Bounds Description:
See attached Le!!al Description
Size of property:
(*) 335 Ft. x 1222 Ft. + 669 Ft. x 1322 Ft. = 1.293,373 SQ. Ft. = 29.69 Acres (actual)
H:\2004\2004112\WP\PlID Rcwnc\2007\Rcsubmiual forcontitluunce 5_07\Rcviscd Applicatioll {i-ot.Q? (21)c1eun.docPagc 4 of24
Address/l!enerallocatioll of subiect Ilropertv:
Agenda Itern No. 17H
June 12. 2007
Page 30 of 21 0
[4290-14300 CR-.95,1 (Collier Boulevard)
1'00 District (LDC 2.03.06): [XJ Residential
o Commercial
o Commnnity Facilities
o Industrial
I...'.....
..,...,-..,.y....,.
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AD.JACENT ZONING AND. ,iI.;ANDJI.lSE;
. ...., .." ..' -,'.. - -. "
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Zoning
Land use
N A & PUD
S MPUD
E PUD
W A(CU) & pun
Vacant & Vaq,IerbiJL(;ountry Club
Bucks Run- Vacant
Vanderbilt Countrv Club cOlllmU1lliy
CR 951. Industrial. Residential & vacant (Mission Hills)
LEGAL DESCRIPTIONS
Parcel #1: (folio # 00205960000)
The North Y, of the South Y, of the Northeast y. of the Southwest Yi of
Section 35, Township 48 South, Rallge 26 Eaot, Collier County, Florida
Less the East 30 feet for road right-of-way.
Parcels # 2 & 3: (folio # 0020(800004)
The South Y, ofthe South y, ofthe Northwest Yi of the Southwest YI,
and the South Y, of the South y, of the NOliheast Y. of the Southwest Y.
of Section 35, Township 48 South, Range 26 East, Collier County,
Florida and Same, Lcss 30 feet for road right-of-way.
Docs the owner of tbe subject property own property contiguous to tbe snbject property? If so,
give complete legal description of entire contiguous property. (If space is inadequate, attacb 011
sc[>aratc page). No
Section/Townsbip/Range
/
/
Lot:
Block:
Subdivision:
Property I.D.#:
Plat Book_ Page #:
Metes & Bouuds Descri[>tion:
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H:\2004\20041 12\ Wl'\I'UD Rezone\2007\ResubmlLtul for continuance 5_ 07\Reviscd Application 6-0] -07 (21 }::lean.docPage 5 of 24
Agenda Itern No, 17H
June 12, 2007
Page 31 of 210
This application is requesting a rezone from tlle A Agriculture zoning district(s) to tlle Residential
PUD zoning district(s).
Present Use of the Property:
Rcsidential and Agricultural Nurserv
Prol,osed Use (or range of nses) of tlle property: Mnlti-familv Residential, 207 Units iucludiug
GAP and Affordable-Workforce HOllsiug
Originall'UD Name:.
Ordinance No.:
I>.: ..
EV ALUkTION CRlTERl'!\
A.'.'
..:.....
Pnrsuant to Section Hl.02.13 of tbe Colliel' Connty Land Development Code, staff's analysis and
recommendation to the Planning Commission, and tlle Planning Commission's recommendation to the
Board of Connty Commissioners sball be based npon consldemtion of tbe applicable criteria noted below.
Provide a narrative statement describing tlle rezone reqnest with specific refel'ence to the criteria noted
below. Includc any backup materials and documentatiou in support of the request.
PUD Rezone Considel'l\tions (LDC Section IO.02.13.R\
1. The suitability of the area for thc type and pattern of dcvelopmeut proposed in relatiou
to pbysical characteristics of the laud, surronnding areas, traffic and access, drainage,
sewer, water, and othel' utilities.
The proposed Boxwood RPUD is consistent with the evolving patterns of development in its
vicinity which includes the residential developments of Vanderbilt Country Club, Bucks Run
and other pending development proposals. The area is no longer desirable for agriculture, or
very low density residential, as evidenced by its designation in the FLUM as part of the Urban
Residential Subdistrict. It is suitable [or a modcrate density residenlial development at 8 units
per acre that includes a comhination of market rate housing, GAP housing and affordable-
workforce housing. Utilities are available in the area and traffic will be well served by CR951
and Vanderbilt Beach Road, particularly once both roads are widened to 6 lanes.
2. Adeqnacy of evidence of unified control and suitability of any proposed agreements,
contract, or other instruments, or for amendments in those proposed, partlcnlarly as they
may relate to alTangements 01' provisions to be made for the contiuuing operation and
maintenance of such areas and facilities that are not to be providcd or maintained at
public expcnse. Findings and recommendatious of this type shall be made only after
consultation with the county attol'lley.
The developer owns or has options on the property to implement a plan of unified
development, and provisions will be incorporated into home owner documents for the
continuing operation and maintenance of common areas.
3. Couformlty of the proposed PUD with the goals, objectives and policies of the gl'owth
management plan.
The property is located in the Urban Residential Subdistrict, which purpose is to provide for
higher densities in an area with fewer natural resource constraints and where existing and
planned public facilities are concentrated. lts proximity to the Vanderbilt Beach/Collicr
Boulevard Commercial Suhdiotrict will contribute to shorter driving distances for
H:\2004\2004112\WP\PUD Rczonc\2007\Resllbmiltal for contilll.lancc 507\Rcviscd Al)pliclIItioll G..()1..{)7 (21)c1ean.docPllgc 6 of24
Agenda Itern No. 17H
June 12, 2007
Page 32 of 21 0
neighborhood shopping and services. The PUD, therefore, can be found consistent with the
GMP including Policy 5.4 of the FLUE because the proposed residential development can be
found to be compatible with a complementary to existing and future surrounding land uses.
The project can also be found consistent with the Affordable Housing Element because it
provides affordable-workforce housing units.
The subject property is located in the Urban Mixed Use Subdistrict that allows for a base
density of four dwelling units per acre according to the Density Rating System. The Density
Rating System further allows for density bonuses for affordable housing of up to eight dwelling
units per acre. The proposed density of up to 207 dwelling units on 29.69 acres results in a
gross density ofG.97 dwelling units per acre that includcs a density bonus of3.0 dwelling units
per acre. Therefore, with the commitment to construct the proposed affordable-workforce
housing, that comprises up to 42 dwelling units, this density can be found consistcnt with (he
FLUE.
The proposed development of this RPUD can also be found consistent with Policy 5.3 of the
FLUE that discourages uuacceptable levels of urban sprawl in order to minimize the cost of
community facilities; as urban services are readily available to scrve the proposed development.
The proposed RPUD rczoning can also be found consistcnt with Goal 1 of the Housillg
Element of the GMP that calls for the creation of an adequate supply of decent, safe, sanitary,
and affordable housing to all residents of Collier County.
The proposed RPUD can also be found consistent with Policy 1.4 ofthe Housing Element that
notes that housing will be distributed equitably throughout the Gounty using strategies which
include but are not limited to density bonus agreements, and impact waivers or defelTals. In
addition, this policy notes that affordable housing will be located where adequate infrastructure
and services are available. With the proposed density bonuses, and impact fee waivers or
deferrals, and adequate public facilities available, consistency can be established with the
Housing Element ofthe GMP.
The subject property's location in relation to the existing or proposed community facilities and
services will support the development's rcsidential density as required in Objective 2 of the
FLUE. The timing of the development will be coordinated with the scheduled completion of
the widening ofCoUier Boulevard to six-lanes.
The proposed development is compatible with and complementary to eXlstmg and future
surrounding land uses, as reqnired in Policy 5.4 of the FLUE, enhanced through the internal
arrangements of stmctures, the placement of landscaped buffers and the proposed development
standards contained herein.
The proposed RPUD is consistent with policy 7.3 of the FLUE that encourages local streets and
interlocal and interconnection points with adjoining neighborhoods. An intercOlmection is
provided in the RPUD to share access with the property to the north.
In summary, consistency can be established with one or more elements of the GMP with the
proposed rezoning request to establish compliance with the above criteria number 3.
H :\2004\2004112\ WP\PUD Rczone\2007\ResubrniLtlll for continuallce 5_ 07\RcvLscd Application 6-0 {.07 (2 L )c[clln.docrllge 7 of 24
Agenda Itern No. 17H
June 12. 2007
Page 33 of 21 0
4. ' The internal and external compatibility of proposed uses, which conditions may include
restrictions on location of improvcments, restrictions on design, and bnffering and
screening requirements.
The residential development will be intcrnally compatible based on the development standards
incorporated into the RPOO.
5. The adeqnacy of nsable opcn space areas in existence aud as proposed to serve the
development.
The open space will serve the needs of the residents by providing them with their own property
to enjoy as well as community-owned open space and recreation facilities.
6. The timing or sequence of development for the pnrpose of assnl'ing the adequacy of
available improvements and facilities, both pnblic and privatc.
The phasing of the project will be keyed to the widening of Collier Boulevard, which is
projected to be completed late in 2007, and no certificates of occupancy will be issued until the
widening of Collier Boulcvard is completc.
7. The ability of the snbject property and of surrouudiug areas to accommodate expansion.
With the existing and planned infrastructure, the subjcct and stllTounding areas can
accommodate the planned growth of this gencral area as anticipated by the FLUE and Capital
Improvement Element.
8. Conformity with PUD regnlations, or as to desirable modifications of snch regnlations ill
the particnlar case, based on determination that snch modifications arc justified as
meeting public purposes to a degree at least equivalent to liteml application of such
regnlations.
It is the intent that this POO will conform in all respects to POO regulations, or to a degree at
least equivalent to a litcral application of such regulations.
Deed Restrictions: Tbe 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.
Previons land use petitions on the subiect property: To your knowledge, has a public hearing been held
on this property within the last year? 0 Yes !'8J No
If so, what was the nature of that hearing?
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 considercd "closed" when the
petitioner withdraws the application through written notice or ceases to supply necessary information to
continue processinlr or otherwise actively Dursue the..Lezoninlr 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-opcncd 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. (LOC Section IO.03.05.Q.)
1-[:\2004\20041l2\WP\PUD Rezone\2007\Resubmitto.\ for conlillUtlllCC 5 Q7\Rcviscd Appliclltion 6-01-07 (21 )ele.an.docPage 8 of24
Agenda Itern No. 17H
June 12, 2007
Page 34 of 210
STATEMENT OF UTILITY PROVISIONS
FOR PUD REZONE REQUEST
I'<ice>:.,/:..!.'
:;:i<<::_;,:"." -
NAME OF APPLICANT(S)
CONTACT PERSON
A:PPPC~T:~~9~ii"J.Q~'_,
Home Dvnamics Naples, LLC
Aleiandro J. Delfino
"";::j
ADDRESS 4788 West Commercial Boulevard CITY Tamarac STATE_~ZIP 33319
TELEPHONE # 954-484-4800 EXT. 13 CELL #
E-MAIL
ADDRESS: ADELFINO(iiJHOMEDYNAMICS.COM
FAX# 561-616-0077
ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): 14290-14300 CR-951 (Collier
Boulevard)
Naples.EL 34119
li~t;.tJ:;~\: r:::.:'-~>_?'-:~" ,
LEGAI>DESC:~lIWIQN':",
::,,~<:
.' ........<1
-,.",.,'.'
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Section/Township/Range
35 I 48S _J 26E
Lot:
Plat Book
Block:
Page #:
Subdivision:
Propel'ty I.D.#: 00205960000. 00206560001 & 00206800004
Metes & Bounds Description:
See attached Legal DeRcrintion
TYPE;tJFSE,'WAGEDIS:P()SAL.:r0iBE}P,-k(o).,YH).~,ijJ;, .'.
.. ,",-- ..,.. - ',' _.-',' ...., ,', .. ........
(Check apI}!icable system):
, 5',",
COUNTY UTILITY SYSTEM
a. CITY UTILITY SYSTEM
b. FRANCHISED UTILITY SYSTEM
PROVIDE NAME
c. P ACKAGE TREATMENT PLANT
d. (GPD capacity)
SEPTIC SYSTEM
~
o
o
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o
TYPI<j'!Q.FWA'l'E~'S.ERYI.GE:llQ:iJ,JE1~Rcty{qWQ"'"
a. COUNTY UTILITY SYSTEM
b. CITY UTILITY SYSTEM
c. FRANCHISED UTILITY SYSTEM
PROVIDE NAME
d. PRIVATE SYSTEM (WELL)
~
o
o
o
H:\2004\2004112\WP\PUD Rezone\2007\Resubmillal for conlinuatlCe 5~07\Re..'ised ApplictllioJl 6"OI~07 (21)clean_t.locPage 9 of24
Agenda Itern No, 17H
June 12, 2007
Page 35 of 210
STATEMENT OF UTILITY PROVISIONS - (lage 2
TOTAL POPULATION TO'UESNRVED:_max. of 207 units x 2.5 = 518
PEAK AND AVERAGE DAILY DJ~l\1ANDS:
A. WATER-PEAK 119,140 AVERAGE DAlLY
B. SEWER-PEAK 97,643 AVERAGE DAILY
77. 7 00
75.1 10
Utilitv calculations:
Population ~ 207 units x 2.5 persons per unit = 518
WaterPeak@230percapita= 119,140
Water average daily@ 150 per capita = 77,700 GPD
Sewer Peak @ 130% of daily average = 97,643
Sewer average daily @ 145 per capita = 75,110 GPD
U' PROPOSING TO UE CONNECTED TO COLLIER COUNTY REGIONAL WATER
SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE
REQUIRED October, 2007
N>i<~'l'IVESTATI!il\1ENT: Provide a brief and concise nan'ative 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.
O(')l1mER,COUNTYU'I'lliITY DEI>oICATI0.N$r:h'l']}M::m~T: If the project is located
within the services boundalies of Collier County's utility service system, written notarized
statement shall bc 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 fces 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. . .. . .. . ... .... .. ........
SlJrN\I;EME~T'OF. &VAl[jABILFl'-;y,i(irAPrAGI~.'FROM}()mH'I,')W*1-i,g~YiJitl~~{,iUnless
waived or otherwise provided for at the pre-application meeting, if the project is to receive
sewer or potable water services fi'Oln any provider other than the County, a statement from that
provider indicating that there is adequate capacity to serve the project shall be provided.
H:\2004\2004112\WP\PUD Rez<lllc\20071J{esubm1ttal for continuance 5 _07\ReYis<<l Al>plicatiorl 6-0 l-07 (2 t )clcan.docPngc 10 of 24
Agenda Itern No. 17H
June 12. 2007
Page 36 of 21 0
f'-- ---
I
I..". H.'~__~_____'_'___H
AFFIDAVIT
-,----1
--..___....."._.._J
wet!/DA Vlllc;i1:@cJ:.bt!ln9 r.r<t duly "wtIrn, depose and ~"y thai well am,i..re
the owners of the property described herein and whi~h is the subject matter of the
proposed he~rlng; that all the answers to the questIons In this application,
including the disclosure of Interest information. all "ketches, data. and other
supplementary matter a<<ached 10 a~d made a part of thIs applicatfon, are honest
artd true to the be~t of our knowledge a.d I>ellef. Well ullder<la.d that Ihe
Information requested on this application must be complete and accurate and that
the content of thl, form, whether computer 9'lneratod or County printed shall not
be altered. Public h.~rings will not be adVErtised until this application Is deemed
complete. and all roqu;red Information has been submitted.
As property oWn~r We/I further authorize Roben L Dualle A.I.C,P. and Rich/frd D.
Yoytlnovidl, E.~q., to act as our/my repres~mative in any matters regarding this
Petition
"~l --..
",- ,- /...
/ ......".
/ ;(4;;
..-....~..~i-V:J....,'"',,-..----- ---
Slgnatuto-otnoperty Own0r
'.',-" ,".. ,_....,_.~__~m.~'.. ,.. ..."w~ "h.,".,
Signature of Prop~rr\, Ow,)or
Home DVt/ilMic!r "fNa"les. LLC
Typed or Printed Name of OWner
.. -- -_.;---""_.._._--~...._- ---_._~._._--_....~
Tvped or Printed Name or Owner
Tne foregOing Itl~trumenl was acknowledged before m~ Ihl. ~ day of .
~\>r\\\""l, . 200Q. by \'u~\d ~cL _who I<@rsonally known to riie)
or h~s produced --___________as identifl~ation,
$tatl1 of FloridR
Cuunty of c~~~~r__,," .
1f'(!w~.. Clirf11ePAAt:!> .""
li~{' @ T,~ !'hCJ\l'.olIi.{~r.:1'(.~r.U~e;j;2..
~w.:~~,ji ~J'!%f{ ~!I",jll}';:' If.(;-;.
'(?....~,F ~,..., It..lt'~fr''-''~~''''''I'_
i,r---"" _.~... ._", . __,,_, .
........-:-:-...
C .~ ' '" '
_-\ "'-' C:-~ ~ \, ~
--------~-~~~~~
(Signature of Notary Public .. State of
Florida)
1'l~.r!L':>.e.~""-;;)___..__
(Print, Type, or Stamp CommisslOI1~d
U.~(l2W\ll"J]'lJD~illliarD:ll~n~rlflfm"06HlKlJojx
I"".' .
, .-.".,"< .'~'. -c. ~-..-
~*;?,tt1Jr'N.-::: .:
'\_:;i~-;~;~;\\:: ::',
'.""'-' '..."c,.q.1
. "':~-" <,.."''''d'',
-_-::,:";'.;~-,.;?r:t:~
H:\2004\2004112\WP\PUD Rezone\2tl07\Re:mbmittal for continuance 5_07\Rcviscd ApplicatiQ1l 6-ot -07 (21 )dCUll.docPage 1 J of24
Agenda Itern No. 17H
June 12. 2007
Page 37 of 210
EXHIBIT A
ALLOW ABLE USES
PERMITTED USES:
No building or structure, or part thereof, shall be erected, altcred or used, or land used, in whole
or in part, for other than the following:
1. GENERAL PERMITIED USES
Celiain uses shall be considered general permitted uses throughout the Boxwood RPUD.
General pennitted uses are those uses which gcnerally serve the developer and residents of the
Boxwood RPUD and are typically part of the common infrastl1lcture or are considered
community facilities,
A. General Pennitted Uses:
1. Essential services as set forth under Land Development Code.
2. Water managemellt facilities and related stl1lctures.
3. Lakes including lakes with bulkheads or other architectural structural bank
treatments.
4. Guardhouses, gatehouses, and access control structures.
5. Temporary construction, sales, and administrative oflices for the developer and
developer's authorized contractors and consultants, including necessary access
ways, parking areas, and related uses, subject to the procedures for a temporary
use permit provided in the Land Dcvelopment Code.
6. Landscape fcaturcs including, but not limited to, landscape buITers, bem1s,
fences and walls.
7. Any other use, which is comparable in nature with the foregoing use, consistent
with the permitted uses and purpose and intent statement of this RPUD, as
determined by the Board of Zoning Appeals.
2. RESIDENTIAL SUBDISTRICT
A. Principal Uscs:
1. Single-family detached dwellings;
2. Single-fal11ily attached dwellings;
3. Two-family patio and zero lot line;
H;\2004\2004112\WP\PUD Rezone\2007\Rcsl.ll)lnittal for conlinuance 5_ 07\Revisoo Applic.'l.tion 6-0 1..iJ7 (21 )c1eun.docPagc 12 of 24
Agenda Itern No. 17H
June 12, 2007
Page 38 of 210
4. Townhouse (TH) and multi-fanlily;
5. Any other principal use which is comparable in nature with the foregoing list of
permitted principal uses, as determined by the Board of Zoning Appeals
("BZA") by the process outlined in the Land Development Code.
B. Accessory Uses:
I . Accessory uses and sttUctures customarily associated with principal residential
uses pcrmitted in this RPUD, including recreational facililieR, such as swimming
pools and clubhouse, screen enclosures, and facilities for lawn care and
maintenance. The location of the recreational area is depicted on the RPUD
Master Plan.
3. PRESERVE SUBDISTRICT
The RPUD Master Plan provides for 4.15 acres of preserve al-ea that shall be re-created that
constitutes the minimum acreage required in accordance with Land Development Code created
preserve requirements and the GMP. The cross sections for the topographic profile of the re-
created preserve area are set forth on composite Exhibit "G" of this Ordinance.
A. Permitted Uses and Structures:
I. Passive recreation areas;
2. Water management in wctlands and watcr management sttUctures;
3. Mitigation arcas;
4. Boardwalks and trails that do not reduce the minimum amount
of required vegetation to be preserved.
4. MAXIMUM DWELLING UNITS
The maximum dwelling units shall be two-hundred and scven (207).
S. DEVELOPMENT STANDARDS
The following table sets forth the development standards for land uses within the RPUD
Residential Subdistrict. Standards not specifically set forth herein shall be those specified in
applicable sections of the Land Development Code in effect as of the elate of approval of the
site development plan or subdivision plat.
li:\2004\20041 t 2\WP\PUD Rczotlc\2007\Rcsubmillal for continuance 5_ 07\Revisoo Application 6-01-07 (21 )clean,docPage I J of 24
. ~p'EyEL()PMENT
. :~.;;SrANDARDS
..n__'''' '..,. .
, :.".'
.-,-'-,--
.;p-mNl;JlfAL, .
"~~iiP:~9~E,S
MINtMUM LOT AREA
MINIMUM LOT WIDTH
MINIMUM FLOOR AREA
MIN FRONT YARD
EXHIBIT B
Agenda Itern No. 17H
June 12. 2007
Page 39 of 21 0
TABLEr
RESIDENTIAL DEVELOPMENT STANDARDS
IllNGPE .-r. ,'i:WOWAMILY,
. ~'AMILY. " PATIO&
. ATT1\.PI1'IW&. ',' ,'.ZE~O.LOT '.
. TOWNHOUS;E.. 'LINE
. '," .," .'. . ',-:
SINGLE'
FAMILY
5500 S.F. PER
UNIT
Interior 50 FEET
Exterior 60 FEET
1200 S.F
23** FEET
1800
S.F. PER UNIT
,
,,--
4500
S,F, PER UNIT
.M!1LT!,- .....
FAMij;-ir
"
2tOO'
S,[l. PER UNIT
CL~ilo.QS~I.-
~~~1~~N
I',,' ';,',.",;.. ','''
"<
"'.>'
N/A
30 FEET 40 FEET
---,~'-~ .
1200 S,F 1200 S.[l,
N/A N/A
--'-~'~--:--~
1000 S,F./D,U, N/A
23" FEET
-,,, .----
5 FEET or 0
_..___~____~__.___ __on ________ ___ -----
MIN SIDE YARD 5 FEET
____~__~__ ---c-c ~--~
MIN REAR YARD 10 FEET
MlN PRESERVE SETBACK 25 FEET
MIN. DISTANCE
BETWEEN STRUCTURES
MAX- BUILDING HEIGHT
NOT TO EXCEED
~t(i~~~~'
:\.1jfi:Y;' '::;-
FRONT
SIDE
REAR
PRESERVE SETBACK
DISTANCE BETWEEN
PRINCWALSTRUCTURE
MAX, BUILDING HEIGHT
NOT TO EXCEED
10 FEET
25 FEET within
two stories height
as zoned but not to
exceed thirty-five
feet actual height.
10 FEET
25 [lEET
Nolless than 20
feet between bldgs,
25 fEET within
two stories height
as zoned but not to
exceed twenly- fi ve
feel or 35 feet
achtal.
23 FEET 23 FEET
SPS
5 FEET
10 FEET
N/A
SPS
S.P .S. :::::. Same as Principal Stmcrurcs
BH ~ Building Height
SPS
51'EET
10 FEET
N/A
SPS
23** FEET
12 FEET or 0
10 FEET
25 FEET
Not less than 12
feet between bld.s,
25 FEET within
two stories height
as zoned but not to
exceed twCt\ty~[jve
fee or 35 feel
actual.
23" FEET
001' 15 FEET
10 FEET
25 FEET
Not less thon20
feet between bid""
25 FEET within
two stories height
as zoned but not to
exceed twenty-five
reet or 35 feet
actual.
N/A
20
15 FEET
,-
H:\2004\20D4112\WI'\PUD Rezone\2007\ResubmHta\ fol' contillllnnce 5_07\RcYiscd Application 6~OI-{)7 (2\ )ctc8n,dflcPage 14 of 7.4
25 FEET
10 FEET
25 FEET within
two stories height
as zoned but not
to exceed twellty~
five feet or 35
feet actual.
23 FEET 23 FEET 23 FEET
SPS SPS SPS
5 FEET 5 FEET 5 FEET
10 FEET 10 FEET to FEET
N/A N/A N/A
SPS SPS 20 FEET
Agenda Itern No. 17H
June 12, 2007
Page 40 of 210
GENERAL: Except as provided for herein, all criteria set forth below shall he understood to be iu relatiou to individual
parcel or lot boundary lines, or between structures. Condominium, and/or homeowners' association boundaries shall not be
utilized for determining development standards.
Footnotes:
* The minimum area for multi-family use is 10,000 square feet but each individual unit may be a minimum of 2100 square
feet
*. Where a Jot is located at the intersection of two streets the front yard setback shall only apply to the street all which the
entrance is located, and the side requirement shall apply on the adjacent street. Where side entry garages are provided, the
front yard sethack may be reduced to 20 feet.
A separation shall be maintained along the lIorthem property line as currently shown 011 the IU>UD Master Plan to maintain a
minimum of 100 feet to the east of the maintenance area III Vanderbilt Beach CountTY Club. This area may be used for right-
of.way, open space, or recreational use. A one-story recreational building shall be pcnnitted in this area at a location
depicted on the RPUD Master Plan.
H:\2Q04\2004112\WP\PUD Rcwnc\2007\Rcsubmictal for conlinunncc 5_07\Reviscd AplllicntioTl6-01-Q7 (l.l)cJean.docP.~gc 15 of24
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Agenda Itern No. 17H
June 12. 2007
Page 44 of 21 0
EXHIBIT D
LEGAL DESCRIPTION
LEGAL DESCRIPTION
The subjecl property being 29.69* acres is located in Section 35, Township 48 South, Range 26
East, and is more fully described as follows:
The north Y, of the south Y, of the northeast Y. of the southwest ~~ of Section 35; plus the south
y, of the south Y2 of the northwest y, of the southwest y., less the west 100 feet and the south y,
of the south Y, of the nOltheast Y. of the southwest y, of Section 35, Township 48 South, Range
26 East, Collier County, Florida.
H:\2004\2004112\WP\PUD Re7.0nc\20IYl\Rcsllbmittal for eQntil1uancc 5_07\Revised Application 6-01-07 (2\ )cle~m.doC"Page 19 of24
Agenda Itern No. 17H
June 12, 2007
Page 45 of 21 0
EXHIBIT E
LIST OF REQUESTED DEVIATIONS FROM THE LAND DEVELOPMENT CODE
PRIVATE ROADWAY WIDTH
The private roadway shall have a 42 foot right-of-way width. This is a deviation from the 60
foot right-of-way width specified in Section 6.06.01 of the LWld Development Code.
(Deviation I.) The justification for this deviation is thaI this right-of-way width can be found
sufficient to accommodate travel lanes, drainage facilities, and utilities.
H:\2004\20Q4! 12\WP\PUD R~i'.One\2007\Rc..'.ubmittal for conlitHlsnce 5_07\Rcvised Application 6-01-07 (21)c1c<ln.docPage 20 of24
Agenda Itern No. 17H
June 12. 2007
Page 46 of 21 0
EXHIBIT F
DEVELOPER COMMITMENTS
1. TRANSPORTATION REQUIREMENTS
A. All traffic control devises, signs, pavement markings and design criteria shall be in
accordance with Florida Depattment of Transportation (FDOT) Manual of Uniform
Minimum Standards (MUMS), current edition, FDOT Design Standards, currcnt
edition, and the Manual on Uniform Traffic Control Devices (MUTeD), currcnt
edition.
B. If a gate is proposed at any/or all development entrance(s), the gate shall be designed so
as not to cause vehicles to be backed up onto any adjacent roadway. To meet this
requirement, the following shall be the minimum requirements to achieve that purpose:
I. The minimum throat depth from the nearest interconnecting roadway edge of
pavement shall be no less than 100 feet to the key pad/phone box for the
proposed gate.
2. A tum al'ound area of sufficient width and with sufficient inside turning radii
shall be provided between the aforementioned key pad/phone box and the
proposed gate.
C. Arterial level street lighting shall be provided at all access points. Access lighting shall
be in place prior to the issuance of the first certificate of occupancy (CO).
D, Access Points 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 propcrty boundary. 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 PTm amendment is approved.
E. Site,related improvements (as opposed to system-related improvements) necessalY for
safe ingress and egress to this project, as determined by County, shall not be eligible for
impact fee credits. All required improvements shall be in place and available to the
public prior to commencement of on-site construction.
F. Nothing in any Development Order (DO) shall vest a right of access in excess of a
right-in/right-out condition at any access point. Ncither shall the existence of a point of
ingress, a point of egress, or a median opening, nor the lack thereof, be the basis for any
filture cause of action for damages against the County hy the Developer, its successor in
title, or assignce. Collier County reserves the right to close any median opening
existing at any time which is found to be adverse to thc health, safety, and welfare of
the Public. Any such modifications shall be based on, but not limited to, safety,
operational circulation, atld roadway capacity.
H:\2004\20041 12\WP\PUD Rezone\i007\Rcsubm;ttal for cOlltinuance 5_07\Revised Application 6-01-07 (2l)clcan.docPage 21 of24
Agenda Itern No. 17H
June 12, 2007
G. If any required turn lane improvement requires the use of existing County 1il~Tlttlotf- 210
Way or easement(s), then compensating Right-of-Way shall be provided at no cost to
Collier County as a consequence of such improvement(s) upon final ~tpproval of the
turn lane design during the first subsequent development order. The typical cross
section may not differ from the existing roadway unless approved, in writing, by the
Transportation Division Administrator or his designee.
H. If, in the sole opinion of Collier County, traffic signal(s), other traffic control device,
sign, pavement marking improvement within a public Right of Way or Easement, or site
related improvements (as opposed to system related improvements) necessary for safe
ingress and egress to this project, as determined by Collier County, is determined to be
necessary, the cost of such improvement shall be the responsibility of the developer, his
successors or assigns. The improvements shall be paid for or installed, at the County's
discretion, prior to the appropriate corresponding CO.
1. No CO shall be issued for residential dwellings until such time as Collier Boulevard
is widcned to six lanes from Immokalee Road (CR 846) to Vanderbilt Beach Road (CR
862).
J. A northbound right turn lane shall be required prior to commencement of on-site
construction. No other work shall be performed within the site boundaries until all
development commitments have been met with regard to improvements within the
public rights-of-way. No southbound left median opening shall be allowed.
K. If the existing access bridge over the canal is widened or otherwise modified,
appropriate pennits shall be obtained from the South Flotida Water Management
District.
L. A shared access shall be provided to the property to the north. Placement of a gate
on the main access roadway into this projcct shall be located so as to allow
sufficient shared access with the adjoining project to the nOlth. The interconnection
shall be located approximately 300 feet (to centerline) from the CR 951 right-of-way, as
shown on the conceptual plans. The intercOlmectioIl may be less, but shall be
reviewed by Transportation Staff The intercollilection shall be no less than 200 feet
from the existing CR 951tight-of-way.
2. UTILITY REQUIREMENTS
A. The propelty owner shall reserve two arcas to be conveyed for a raw water well
easement with a dimension of 40 feet by 40 feet for each area, and associated utility and
access easemcnts to connect them with a public right-of"way within this RPUD. The
utility and access easements shall be 20 feet wide unless the well sites are contiguous to
public right-of-way, in which case they should be 16 feet wide. The locations of the
two well [LClds are depicted on the RPUD Master Plan. This conveyance/dedication
shall oceur at the time of Site Improvement Plan (SDP) or plat approval or similar
process for the area within the development phase that contains thc easement. The
proposed easement areas shall be approved by the County Utilities Staff and shall be
conveyed to the County Water and Sewer District and shall meet the applicable
setbacks for water wells.
H :\2004\2004Il2\WP\PUD Rczollc\2007\ResubmiUIlI for continuance 5_ G7\Rcviscd AI)pllcat;on 6-01-07 (21 )c1can.docPage 22 of 24
Agenda Itern No. 17H
June 12, 2007
B. The development shall be subject to application for and conditions associltgd'e~1fl?~21 0
water and sewer availability letter from Collier County Utilities Division.
3. WATER MANAGEMENT REQUIREMENTS
The purpose of this Section is to set forth the water management commitments of the project
developer.
A. A berm may be shared with the property to the south, the Bucks Run MPUD, along the
common property line.
B. An agreement shall be entered into between the Bucks Run MPUD and Boxwood
RPUD to govern maintenallCe of the COITunon area prior to the issuance of the
subdivision plat.
4. AFFORDABLE HOUSING
The developer has conunitted to construct 20% of the project's 107dwelling units as GAP and
workforce housing units in exchange for a density bonus of 3.0 dwelling units per acre.
5. ENVIRONMENTAL REQUIREMENTS
A. A Big Cypress Fox Squirrel Management Plan shall be submitted to Environmental
Services Staff for review and approval prior to site plan/construction pial! approval. If
protected species may be impacted, a Habitat Management Plan for those protected
species, or their habitats shall be submitted to Environmental Services Staff for review
and approval prior to site planlconstruction plan approval.
B. A cross section of the re-created preserve area, depicting topographic features, is
attached as Exhibit G.
6. WALLS
A. Exhibit C-2 depicts the proposed wall and landscaping treatment along the north and
east property lines.
B. The wall to be constructed along the north and east property lines shall be constlUcted at
the earliest time possible during preparation of the site for development. The
landscaping shall be installed at the time ofthe iSSUallCe of the first building permit.
C. The wall along the south property line shall be a concrete block wall or a pressure
treated wood fence.
H:\2004\2004112\WP\PUD Rezone\2007\RcslIbmiLtal for contiuUlUlce 5_07\Rcviscd Applicatio1l6-01-07 (21)c]ean.docI~tlge 23 of24
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Agenda Itern No. 17H
09/20/2004 10.44 TEl 92542099 H M LAND OEVELDPMEHJ/'(-'C1CCll'-~S~)IMap~~5~~,r~~6
,~(J-~ ~~~ ""\~J tVF ;!P-
ADDRESSiNG CIlECKUST "J /
Please O'llmplete the fallowing and submit to the Ar.ldr:ssing Scciiolr!ot ~vl~NO( all ilmTls 'Will B ~
",verv oroleat, T!l:l110 in bold ~ II!'ll =uind.
1. Lcgal ftllllC:tiptian of subject propertY or)'rop::rt.ies (copy of lengthy descrt,Prton may ile attClChuil)
SeeAttachedphlblt"A" - 'r't:wu..A~ z",z" ~S ~ G-Z- " o;,S ~ L.'ii'-(~
2, Fnll(l (Properl;Y ID) llUlllber(s) of Ilbove (attat:h to. or DSsor:iate with, logal. description if more IItan on~') _
00205960000' OlI2Oli5li11OOt ~ OO:wG!IOOOO4 -_
3. Sn;eet add!:ess 01' lllIdreas=o (as applicable, if already assilJTlorl)
14296 CR..951 (C.ollier Bonievat'd)
4, Loo:ation 1DIlP. showing euct lacatian of proje.."tIsiI1l in rellltiOfl to neamst pUblic road right-of-w 'y
Exhibit "8" & f\"O~ Ap!,railBr's Aerial Map . .,-
5. Copy of survey (NEEDED ONLY FOR UNPLATIED PROPERTIES) ') q.e-
6. Proposed project nlllllo (if applicable) .--
7, hoposedStmetnames (ifr;zl'Plicable)
8. Site DeVlOiopment Plan Numllcr (FOR EXISTING PRomcrsfSlT.E'S ONLY)
SDP_-
9. Petition Type - (Complete 8. E:pllrlLt: Acirim&sing Chc:;lldist for =11 Petition Type)
DSDP (Sit: D=lop=t Plan) 0 PPL (plans 8:. PIll.t Mvi=)
o SOPA (5OP An=cil!Icnt) 0 PSP (Pnilil1'llnary Subdivision Plat)
o S01"1 (SOP lnsubitlll1cill.l Chsnge) B PP (FiD1lI Plnt)
B SIP (SIt: Improvement 1"lm) LLA (Lot Un: Ad.justment)
SIPA (SJP Ao1muln1enL) 0 13L (Blasting Pennit)
SNR (StreelNamcCllllnge) 0 ROW (Right-of-WfIyP=lt)
o VcgetlltionlBxntJc (Vel;. Removal Permits) B EA." (Excavation romit)
J2S1 Land Uxe P:tition (1'IIEiIlB~, gSIIIiii.il.8&l tis!';, VRSFP (Veg. RomovrJ & Sie FlII F IDlJiI)
1089.:1)88:: BJ::.. ~e!EIlle, POD R.ewne - 3(l Acres ii.esldentia!)
o Oth<:r. Describe:
10. Pmjecl or development n= proposed fer, or IllIcaliy ll.pp-..aring ill, condominium docuDu:nt; (if
applicabie; indiclllll wh<:ther proposed or eltisting)
11. PleWlc Checl:: One: ITS! Ch:::;::kliiit is to be FaxcO Eact I) Pcrsowly Fick::d Up
12. Applicant NlI.me Roil<:rt Dwme. Hob Monte.. me, - PnDM 25~200n FlU' ~'i4-: 1)99 _
13, ~ignatllIe on Adliressing Checkiisl lioas Dot conatitl.lte Project and/or StrMt NaII".!: approVal and is luiJject :0
further review by the Adcire&sin!< Section.
FOR STAFF' USE ONLY
Primary Number Li-'2>oS
Address Number w... 0-9 0
Address Number L:... ~ I \ -
Addr::ss Nu.mber --
AppTtwcd by f} ~ n"<J6
!1~o,..,-, Dim' g- -2:'3 - Q,"
H:\8200\M..MiI~lllDeau(l\RU>\D.dD4081 B.hmnQ ciyumics rczono.....PDRESSTN~~Ci't 'S"r.IA":;::: punZr200S-AR-8379
U" ~ ~ PROJECT #2004090060
DATE' 9/28105
MICHAEL DERUNTZ
Agenda Itern No. 17H
June 12, 2007
PUDZ-2005-AR-8379 Page 51 of 210
PROJECT #2004090060
DATE: 9/28/05
MICHAEL DERUNTZ
~ UNITED ST/J.TES
.u POSTl1L SERVICE
~i> ;:,'7-:},,:, .
'.'1 .!.
January 7, 2005
JAN I 0
Robert L. Duane, A.I.C.P.
Hole Montes Engineers
950 Encore Way
Naples, Fl. 34110
Letter of no objection,
Boxwood 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.D.D.
Sincerely,
c&b SW<2L--
Bob Skebe
Growth Management
NAPl.ES MAIN OfF'C~
1200 GOODI.ETT! RoO N
NAPLES, FL34102~Se.
Division of Corporations
Agenda!u~11~~~
Page 52 of 210
Florida Limited Liability
HOME DYNAMICS NAPLES, LLC
"
-------~^-'--<_._'-~------~.._._~--~~-----_..._-.;.;,
PRINCIPAL ADDRESS
4788 WEST COMMERCIAL BOULEVARD
TAMARAC FL 33319
1;:';;_______.. _ ~ ."~___~_ __.~..
.__.~._..,.~-----------_....__._.- ._._'--_.__._._'--_.__.___"_,__._~_".~_,..~___,._""_._u
MAILING ADDRESS
4 788 WEST COMMERCIAL BOULEVARD
TAMARACFL33319
Document Number
L05000056637
FEI Number
NONE
Date Filed
06/0812005
State
FL
Status
ACTIVE
Effective Date
NONE
Total Contribution
0.00
_"TOn ,...
.
Registered Agent
Name & Address
STRElT. THOMAS E
222 LAKEVrEW AVENUE, SUtTE 400
WEST PALM BEACH FL 33401
"
anager em er etal
I Name & Address II Title I
HOME DYNAMICS CORPORATION G
4788 WEST COMMERCIAL BOULBVARD
TAMARAC FL33319
M
1M
b D
'1
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II
Annual Reports
RepOI't Year II Filed Date
II
http://www.sunbiz.orgfscriptsfcordet.exe.lal=DETFIL&n 1 =L0500005663 7 &n2=NAMF... 10f2lf2005
Division of Corporations
Agenda~~~&~
Page 53 of 21 0
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Document Images
Listed below are the images available for this filing.
'106/08/2005 ""_Florida Limited Liabilites
I'
THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT
http://www.sunbiz.org/scripts/cordet.exe?a 1 =DETFIL&nl =L0500005663 7 &n2=NAMF... 10/21/2005
~..lI':C.L; ~t:.l~JO .L 1;1: .1.0
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Agenda Itern No. 17H '
Jurle"P.!'-. 2007' "L
Page 54 of 21 0
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. PUD7AOOS-AR-8379
PROJECT #2004090060
DATE: 9128/05
MICHAEL DERUNTZ
FLORIDA DBPARTMENT OF STATE
Glenda B. Hood
Secretary of State
DlVlSION OF HISTORICAL RESOURCES
Mr. Brent M. Handley
Ellvironmental Services, mc.
1410 Park Lune South, Suite I
Jupiter, Florida 33458.
January 4,2005
RE: DHRProject Fi)e Number: 2004-12414
Additional Infonnatioll Recclved by mm December 7, 2004
Collier Boulevard Parod
Collier County
Dur Mr. Handley:
In accordance with the procedures contained in the applicable local ordinance or land development code,
we reviewed the referenced pr0ject for possible i.mpact to cultural resources (any prehistoric or historio
district, site, building, structure, or object) listed, or eligible for listing, in the NI2l,ont/l RegiJ'ter of
HislQrie Place.., Or otherwise ofhistorieal, archaeological, or BTohitectura\ value.
We have reviewed the Florida Master Site File and our records and no cultural resources are known to
exist in the area of potential effeot. Therefore, based on the information provided, it is the opinion of the
office that no cultural resources will be af.fected by this undel1llking.
1f you have any questions ooncerning our comments, please contact Soott Edwllfda, :Historic .
Preservationist, by electronic mail sedward$@dos.slatejl.lls, or at 850.245-6333 or 800.847-7278,
Sinoercly, ~~~.~
~L.. _ ~
~~,~. SIff'at:;;z.~lI
-tr Frederick Gaslre~ectOl:, and
State Historic Preservation Officer
RECEIVED
>-
SEP 26 2005.
. ;',
. . ~.
, ....;
r~ ~/Gn3
SOD S. J>ronoul:h Street. TllIlaba,se., FL 3%399.0%50 . http://www.l1herltag..<:om
o DiredQT's OUlte 0 Areha'l!OlagiCiU. n~nt't'l:\ 2! Riston!:: I"rumllno-n 0 HlutDnC11l Mu,ttU1\"l!!O
'850) 2~.oQ300 ' FAX: 145-6~~6 (B50) 245-64# . FA)(, 245-6436 tSSO) ~3S . '!fAX: 245-6437 (SSO) 24S-64OO . FAY:. 245-6~33
o South@,&!'lt Regiona.l Offitt' t] Noz:the.ltt Regitlnll O!flc;t 0 Central l;'\orldl Rtsltttl,ltl O!~k-e
(954) 4""-4990' FAX: 467....99~ (9~1825-S045 . PAX; S:S-50t4 (illS) 272-3/l43 . FAX; :m.-Zl4G
PUDZ-2005-AR.8379
Project: 2004090060
Date: 9/1/06
REV, 2
Agenda Itern No. 17 H
June 12, 2007
Page 55 of 210
~. 66968 OR: 3965 PG: 0098
mORDiD In omcm mORDS of comll ClJIFifY Ft
al/12/2fO! at 03'27PM DWIGHT I. IlROCI, CLIII '
CORS HOOOOO.OO
IUIc lIlI 11.50
DOC-,70 moo, aD
COPIBS 2. 00
(D
DUE: 10/4/06
Retn:
GOODI.U'lI COLKKAllIT AL
If 01 fAHIAHI fR N #300
RAPtIS Ft mOl
WARRANTY DEED
THIS DEED, is made on this 10th day ofJ anuary, 2006 between CHARLES M. LAMB a!kJa
Mike Lmnb and CAROL R. LAMB, husband and wife (the "Grantors"), and HOME DYNAMICS
NAPLES, LLC, a F]orida limited liability company (the "Gmntee"), whose post office address is
4788 West Commercial Boulevard, Tamarac, FL 333]9.
Grantors, in consideration of the sum ofTEN AND NOli 00 DOllARS ($10.00) and other
good and valuable cornliderations to said Grantors in hand paid by Grantee, the receipt and
sufficiency of which is hereby acknowledged, has gr:mted, bargained and sold to the said Grantee
and Grantee's heirs, successors and assigns forever, the following descnDed propmiy, situated, lying
and being in Collier County, F]orida, to wit:
The North y, of the South y, of the NE 1/4 of the SW 1/4 of Section
35, Township 48 South, Range 26 East, Collier County, Florida, less
. tile East 30 feet for road right-of-way
Collier County Tax Folio Number: 00205960000
SUBJECT TO: real estate taxes for the year 2006 and subsequent
ycars; zoning, building code and other use restrictions imposed by
governmental authority; restrictions, reservations and easements of
record conuuOll to the subdivision; provided, however, that 110 one of
them shall prevent use of the property for residential purposes.
And said Grantors do hereby fully warrant the title to said land, and will defend the same
against the lawful claims of all persons whomsoever.
S :\Brandy Closings
Lamb st Home: Dynal11ics
Warranty Deed
:.lll,i.CbI
~- . j
(Pago 1 o(2)
This lnStJument Prepared By
Kenneth R. Johnson. Esq.
GoodJettc; Coleman & Johnson, P.A.
4001 Tamiami Trnil NOlth. Sljjle 300
Naples. FL 34 J 03
12/14/2064 17:15
239.:1556213
D(FIAS LAND9:::APING Agenda Itern Nof'1IGlH "2
June 12, 2007 .
~' 0 I 0 6 4 3 04 1981 ArR 29 PM 2: ~3 -Va}'~6 mo:;
~t.<:' '11'/' CO~lllm'.OOlllfl\Y' lIARAAtrIMtIlI16D q~ ~k
:~ ~ ~RlS lNDSH~URE, made this 31st d~~ of December, 1996, Between Jr.~N
l~~ W. HUMPHRIBS, an unmarried worn"n, OIlA.NTORr Ilnd RAY DOnIA and MAR.Y DORIA,
husband and wife, whope poot Off1cQ addreos 1s 1020 C.R. 95l/P.o. DOX
6262, Naples, FL 33999 GnAN~EE.
/1'
'J
"tt:.neBseth~
That add Grantor, for and in conai<1eration ot the aum of FtF'I'Y ,"IVB
~'HOUSI\ND and 00/100 Dol1&rs ($55,000.00), and other good and valuable
consideration to Baid Grantor tn hand pald by said Grantee, the receipt
whereof is hereby acknowledged, has granted, bl'lr9ained and Gold to the
an id Or antee, ~nd aaamt98' l3 he! r 13 Bllld ass i'rll1S forever, the
following-doBct!bed land, situate, lying and bein9 in Collier County,
FlQrida, to-wit1
See El:lfhibit itA" attocbed hQrQ~o and incot"potated by
reference herein.
Subject to real e~tate taxeS for 1987, zoning and UA8 restrictions
imposed by government.al authority, rest.cicl:iOOB and eaBemente onrnmon to
the Qubdlvislon, and outstanding 011, q86 a~d mineral interests of
recos:-d, if any...
.~
I:
~nd said Grantor does her~by fully warrant the title to said land, and
will defend I:he same against the lawful claims of all persons whomBoever~
*WQrantor" and ftOcant@e" are u~~d foc sln9ul~t or plural as
conte~t requires.
:to MitnesB "hereof, Grantor h8l8 here-unto set gr8lnt:d~'s hand and seal
the day and year first abov. written.
Signed, .eded and delivered
in out' pt~sencft:
~v~.~~
. . ""'----7'1.... .
ST~TE OF FLORIO~
COUNTY OF CO~LIER
<::
Cl
N
N
=
'-"
1 H~nEaY CRR'l'I'FY t.hat on this ~-ay befor-e me, an officer l1uly ql1ali~
fled to take acknowledgments, personally appeared JOB B. COX, 8S ~tto!ney
in Fact tor JEAN W. ~UMPHRIgS, an unmarried woman, to ma known to b~ the
person described in and who e~ecuted the fO[~901n9 instrument and ~c-
knowledged before me that he eKecuted the same.
WITNESS my hand and official aeal 111 the County end State lost
afore.said this 31st day of Oecemb@r:, 1986.
My commission expires.
,.'-.,.--'. '."-;>..1".(-;1 .
-7
THIS INSTRUMENT PREPARED BY,
J~ nUdley aoo~l@tt~, gsq.
CUMMINGS . LOCKWOOD
3001 Tamiami Trail North
Naplee, FL 33940
(819) 262-8311
"'.",
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Received $ :?'15.0iJ n<>Cumanlary Slamp TaX '.,. :' ..;.
R.calved $ ~ III CI". "C" Intangible ..
Person!)1 P..-ope(ly "31( .
GOLL~TY~COURrs
BY ,lA.u..( D.C
PUDz..Z005.AR.8379
PROJECT 02004090060
DATE: 9128/05
M1CHAEL DERUN'tZ
12/14/2004 17:15
2394556213
DORIAS LANDSCAPING Agenda Item Ncf.'I>PJ':H 83
June 12, 2007
Page 57 of 21 0
wtll1BIT "API
/
The South 1/2 of the South 1/2 of the NE l/4 of the SW 1/4 of
Section 35, TOW'flshlop 4e South, RBnY8 26 Eest.
(10 ac~ed more or less)
Subject to rQstrictions, reservations, easements of record,
and taxes for 1987 an~ subsequent years.
THIS IS NOT HOMESTEAD PROPERTY. Grantor resides at 2002
Kingfish Road, Naples, Florida, 33940.
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~v~ Cal.\;lfifl'eQ~NilWi IfARRAlIn DIIJN!6CRIlIal'
~~ TijIS'ZNDBNTURE, made thlg 31st day of December, 19B6. Between JEAN
~'~W'. UUMPRRIES, an unmatried woman, GRANTOR, and M!R:R LM-ia and CAROL LP>MB,
~9 husband and wife, whose post office add.ees Is 1839 39th Street, S.W.,
k~ NO, ple~, n 33940 GRANTEE.
'vJ wi t.nes6'!th r
mBr APR 29
: ~. . Agendq Item No. 17H
PH 2:43 June 12, 2007
Page 58 of 21 0
That said Gr:l.mtor, for and in consideJ:'a.tion of the sum of F1FTY FlVE
THOUSAND and 00/100 DOlls.. (855,000.00), and othet good and valuable
consideration to said Grantor in hand paid by said Grantee, ~he ~ecelpt
whet::E1of is he.t:eby acknowledged, has grantfJd, barga.ined and sold to the
said Gnmt:ea, and Grantee's heirs and asa!9ne: fot'evet"/ the
folloW"i flg-descr ibed land, a1 tua te, ly1 ng and, being in Collier Coun ty,
Florida, to-wi!;,
See Exhibit WA" attaohed hereto and incorporated by
. reference herein.
Subject: toO real estate taxes for 19871 zoning and use restrictions
imposed by gov@rnmental authority, restrictions a.nd easements common ,to
the sl.1bdivision; and outstanding oil, ga$ and minecal interests of '
r-ecotd, If any. :.- ~,o
And said Grantor does her&b'y fully warrant thu- title to Ba.id land, !:t.nd -~I..(" ~
\1"111 det6t1d tho same agelinst:.' the l~W"ful claJ,ma of al! persons W"hom5oevar~ "
. ,
1rtlGratltorlf ~nd "Gr:l:l.ntee" are used fot singUlar or plural as
context taguires. " .
...,
er>
...
In W'ttnes:b Whereof, Grnntor has heteunto sat granl:.or'g nand end seal
the day and yea.r firl!lt above writt-en.
Sig"ed, ..ale(l and d.livered
iu our p.t'eaencel
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tY
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N W. 8 MPllRlE, Y Joe B. Co'-/. I P N-:, ~
~'l}u:~~~;.~~ra~;. faat by PO':'date_.'. -~-~-l-~
,.-.-.~...-..,,-, !l1,' ci:J
STATE OF FLORIDA
COUNTY OF COLLIER
I HER~llY CERTIFY that on this daibefo<e me, an officer duly qu.li-
fied to take acknowledgment., pe<5anally appeared ,JOE B. COX, a. Attorney
in Fact for JEAN W. HUMPRlUES, "n unma<<ied WOnlan, to me known to be the
person described in and who eKecuted the foregoing instrllment and ac-
knowledged befoCf;3' me that he Gxecuted the !3nnle.
WI',['NES8 my lHmd 8nd official. seal in the County and Stat.e lest
~roresniu this 31at day of December, 1986. .
l'oIy camllli.asian expiries I /";-,.f;'sf
X-;,..... t:'. 4t...~~
NO'TAll~, PUBLI<:,
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I
THIS INSTRUMENT PREPARED BY'
J. Dudley Goodlette, neq.
CUMMINGS & LOCRWOOD
3001 ~'amia,.i T.dl North
N~plGs, FL 33940
(B13) 267.-8311
PUDZ-20ltS.AR.8319
PROJECT /120D4<l900GO
DATE: 9/1.8/05
MICHAEL DERUNTZ
.:I'7$.(J() nOCLlfTIonlvry stamp Tex'
I Cla$s "C" IntangIble
#,IA Pursonal Property r.x
COlLl,"R7l!NT; CLERK Of COURTS
BY IjL!.1.n_ q..ent.l~
D.C
Received $
ReceIved $
".
~IBrT -AllI
Agenda Itern No. 17H
June 12, 2007
Page 59 of 21 0
The North 1/2 of the South 1/2 Of the NE 1/1 of the SW 1/1 of
Section 35, 1'ownshlp 48 South, Range 26 East.
(10 ac.t+as more'ut' less)
Subject to restrictions~ reservations, easements of record,
and l:.axoB for 19B7 a.nd Subsequent years.
THIS IS NOT HOMESTEAD PROPERTY, Grantor reaides at 2002
~ing!ISh Road, Naples, Florida 33940.
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Agenda Itern No. 17 H
June 12, 2007
Page 60 of 21 0
*** OR: 3965 PG: 0099 ***
IN WITNESS WHEREOF. the undersigned Grantors have duly executed and delivered this
instrument on the day and year first above written.
Signed, Sealed and delivered
in the Presence of: (as to both)
~D
~m.~
CHARLES M. LAMB aIkIa Mike Lamb
~~
J/01) -
P, ., Name: . .:-' ~1'\
~lY)\ l::'\ ~ R ~o.fl\.L-_
CAROL R. LAMB
STATE OF FWRIDA
COUNTY OF COLLIER
IA/j.
THE FOREGOING INSTRUMENT was acknowledged before me on this L day of
January, 2006, by CHARLES M. LAMB aIkIa Mike Lamb and CAROL R. LAMB, who are
personally known to me.
(Notary Seal)
~"'''''''''''' KENNETH I=l JOHNSON
(.'!'i. . 'i MY COMMISstqN I co 100270
~. f4 EXP1F!ES:p;ptI1R,2006
,',,,,~'f.~ ~'tlrlIN~~UIIOOrM\om
S:\Brnncly Closings
Lamb st Home Dynamics
Warranty Deed
(Page 2 of2)
PrePared Without Ooiniou OLTide Bv:
Kathleeo C Passidmno, Esq.
Kelly, Passldomn, Alba & CBs-mer. LLP
2640 Golden Gate Parkway Suite 305
Naples, FL34105
239-261-3453
File Number: D()ria
Will Call No.: 80-01888
Agenda Itern No. 17H
June 12, 2007
Page 61 of 21 0
'~42447 OR: 3825 PG: 2202
RllCOkv!D in omcIAL moiDS of COLLIn COllifJ, 11
D6l2Dl2DOl at D2:10PK DiIGR! I. RROCI, CLlRI
Cll~S 3200000,00
RIC FIB 11.50
00C-.70 12lOO.DO
Retn:lSPRRAll7i BLDG UB lL
A~BRNAi SiRTiB!Irr
122 LAKBVIlR !VB
R PALl BBACH lL 33lDJ ,183
fSpace Above 'fhi:; Une For Recorolng Datal
Warranty Deed
This Warranty Deed made thi, /5 day of June, 2005 between Reynaldo Doria afkIa Ray Doria and Mary J.
.
Doria alkla Mary Doria, husband and wifet grantor. and Home DynamiC! Nap)es~ L~, a Florida limited liability
company who,e post office address is 4788 West Commeril:lll Boulevard, Fort Lauderdale, FL33319, grantee:
(Whenever used hereiJl the terms .granklr" aIld ~g.rantce. Include all the parties to this instrumenl and the heirs, legal representatives., B1Id IUrignS of
Individuals, and the successors and as:signr; of corporations, miStS nnd hUstCCJi)
Witnesseth, lbat said grantor, for and in consideration of tho sum ofTEN AND NOIlOO DOLLARS ($10.00) and other
good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged,
has granted, bargained, and sold to the said grantee. end grantee's heirs and assigns forever. the following described land,
situate, lying and being in Collier COllnty, Florida to-wit:
The SOllth one--half (S 112) ofth. South olle-hnlr (S 112) of the Northwest one--quarter (NW 1/4) of the
Southwest one-quarter (SW 1/4) of Section 35, Township 48 South, Range 26 Ea.~ Collier County,
}rlorida;
Parcel Identification Number: 00206560001
AND
The South one-half (S 112) of the South one-hall (S 'm 01 the Northeast one-quarter (NE 1/4) of the
Southwest one-quarter (SW 1/4) of Section 35, Township 48 South, Range 26 East, Colier County,
Florida, LESS the East 30 feet for road rigbtpof-way.
Pareelldentifieation Number: 002068110004
Subject to taxes for 2005, and subsequent )'ears:; covenants, conditions, restric.tions, eastlllents,
reservations and limitations of record, if .any.
Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining.
To Have and to Hold, the same in ree simple forever.
And the grantor hereby eovenahls with said grantee dIal the grantor is lawfully seized of said land in fce simple; that the
grantor has good right and lawful authority to sell and convey soid land; that the grantor hereby fully warrants the title to said
land and will defend the same against the Jawful claims of aU persons whomsoever; and that s.aid land is free of all
encumbrances, except taxes accnlmg subsequent to Deceblber 31, 2004.
In Witness. Whereof, grantor has hereunto set granlor's hand aod seal the day and year ftrst above written,
Doublc.Time4>
.i'
Agenda Itern No. 17H
June 12, 2007
*** OR: 3825 PG: 21m ~f 210
~",('f?'~"'""o
(Seal)
C>~o
Ma . Dori. aJk/a Mary Doria
~ss: )lO~J?7~9
~:UA-- a'f>'&L
Stale of -.ll Ou. &! tL
Connty of (l (I?~__
The foregoing instrument was acknowledged before me this L!i day of
and Mary J, Doria aJk/a Mary Doria, who U are peroonally knoWll r [
[Nolary Seal]
5 hy Reynaldo Doria aJkIa Ray Dori.
ced a driver's license as identification.
My Commi~~ion EXpires:
~.t~~'~"'~ KAlHLEaf C PAS$A)OM()
fm~:=' S1a1e oIFto1ldo
." &poo....20.2IJJIl
~ .m~ ComrnIlllon#D0319260
........ . 8anclocI1Iy NoIonol AIln.
Warran(YDeed -Psf:e2
DoubleTIme"
07/11/2006 16:20 TilL
92642099
H II LAND DEVELOPMENT
Agenda Itern ~DV,l-}002
June 1:!'zdGi
Pag~O'cf2I';00r2
07/13/2006 THU 11:20
FAX 239 403 2331 CC FIN ADMIN & HOUSING
PUDZ-200S-AR-8379
Project: 2004090060
Dote: 911106
REV: 2
DUE: 1014106
COLLIER COUl\... ...
FINANCIAL ADMINISTRATION AND HOUSING DEP ARTMENr
2800 N. HDrseshoe Drive . Naples. Florida 34104. (239) 403-2330' Fax (239) 403-2331
CERTIFICATE OF AFFORDABLE HOUSING EXPEDITED REVIEW
PARTNERSHIP AGREEMENT
Name of development: Boxwood
Location:S~T48SnK26E
Applicant IAgen!: Home Dynamics J>f'&aoles. LLC/Robeli L. Duane. Ale? offIole Montes. Inc.
Contact Information Robert L, Duane, AlCP at (239) 254-2049
Size of Property : 29.69 acres
Proposed Use: Consll11ct UP 10 72 Affordable-Workforce Housino Units
Total Number Residential Uniis Planned: Maximum of238 Units
Number of Affordable Housing Units Planned:
~- 150% MI
M. 80% MI
60% MI
50%Ml
35% MI
Proposed Land Use Restriction: X _ PUD Restriction or AHDB Agreement-
X - Developer Agreement
- Impact Fee Agreement
-Other:
Ihereby ceJ;llfY that the above described project meets the definition of providing affordable
Housing in Collicr County and.. sucb is entitled to porticipate in the County's "Expedited Review Procedures of
Afordable Housing" as described in the Collier County Administrative Code through Resolution No. 2005-408,
By: cA r~-f ,:;;t~ Date; 7/0/&c..
Operational SUppOlt and ou,ing Department
I hereby certify that 1 have reviewe.d the "Expedited Rovicw Procedures of Afordable HO\1singll as
described in the Collier COurlty Administrative Code through Resolution No.2005-408 (copy attached) and that
all submittals made to the County will be made according tq the tirneline. identifled in the Procedure. Failure to
submit infol1n~tion in such a tirnd)' liuumer will result in ,t~e removal of this pl'Oject from the Expedited Review
Program. . . .
By:
~~
Date: f) ~ /;j'1.."'0 6
-Applicant! Agent
This Certification must be submitted to the Deparlmeut of Zoning and Land Development Review with a
complete development order 01' development permit application package within six months of date of issuance.
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Agenda Itern No, 17H
June 12. 2007
Page 64 of 210
r"'-"-' .----;~FI~AV;;.~........-...... ._.......~-.~-I
L._....,.____._.__....._....."'.__.'--".........,._.....___.........._._.,.___....'.. .......,.,........_,.......J
We6/D-A l!(JJ~1tktbeln9 firSt duly -'worn, depOse and say that we/I am/are
the owners of tlte property described herein and which Is the subject matter of tb..
proposed he~rln9; that all the ansWl>rs to the questions In this application,
ln~ludlllg the disclosure of Imerest lnformatlon.. all .ket,hes, dala. and other
supplementary malter attached to and made a part of thIs appllGiltlon, are honest
and true to Ihe best Qf our krtowledge ",nd belief. Wefl underStand that lhe
Information reQuIl5ted on this appllcallon must be complete a.nd accurate and thil.t
the content of thl~ form. whether computer generated or County printed shall not
be alb!red. PI/bIle heatings will not bI! adVtlltl."d until Ihl. application 1$ deemed
campleri,!, '1nd all required Information has been submitted.
As property owner Well further ~lIthorize Robert L Duane A.I,CoP. 4/IJ Ricl/ard P.
YOWl/IMh:!I, E~IJ., to a<l as our/my represelllallve Itl any mailers regarding this
Petition
//}j/'-'
$i(j;;iw.i~?~~;;~;.o;vn~-I--
510 ~;;\U;~".;f.p7o-pe-;;iY'o\:vn-e~-.
Rome DvnlJ.l'fli~$1JflVoo/eg. LLC
Typed or I'rlnled Na~ of OWner
TYPlld -;~p~j;IC(tN;;-;;;;;-.;FO\;;~
The fOlegOln9IrrStfUmenl~kn~tl before mJ! thiS.lLe..- day of .
~''''\1\,:!:>l( . ~oo.!::L.. by ~id c:.Y- whals@rson'J1Yknowntomlt>
or has produced ______~-_____llS identification.
State ofFlorida
Counlyof Culiler
~ ,:{'~UE" , -C"lllli,~;~. "-'
11. P t,IH>>~'~~t:fm:m' I
. ri!: -"'1 (;~"lI!lt-t<f!~IltI"I:OE'Xi
"1(. ~;, ~""IfII""'''-I'''''''''~'Y'''''I,..
t~~-~. ---'-A\l
~....._._,...
C~~
(Signature of Notary Publlr - Stlte of
rloridrll
\")......l~(:.~~~____.
(print, Type, (II Stamp Commls&!oned
lL~112~Wr4'on~Ullll.iltf"1Ibl#kClrillih"~.loI'4lb:
PUDZ-200S-AR-8379 REV: 2
Project: 2004090060
Dale: 9/1/06 DUE: Hl/4/06
H:\2004\2004lI2\WJ'\PUD Rr.7.Qllc\Drafu\ROXWQOD ^PPLlCA TION.Oli0708.(6)I)'.doc
13
Agenda Itern No. 17H
June 12. 2007
Page 65 of 210
---.--.-..--..,..---. , " . - ""_._---~-~
AfFI DA<VI'f
~~~_ ,,_..,_~_ ___~, _._.^~. ~_....... ~_ ~_ ,,~ ...~~"v.__~,_ ,~_
r-"-
I. __ .__ .__,,_~_____"_"_'_"___,
wfl€J'1.)A 1IIVc;r$.:t.belng first duly 5WOrn, depo$<!: and $ay that well amla~
tile ownus of th", property described herein and which Is the subject matter of the
proposed hC'Irlng; that all the an$~rs to the ql.le$tlons In thl$ application,
Including the dlsl:loSlArtl of Interut Information, all.ketthes, data. and other
supplementalV matter attached to and made a pan ofthl' appllt.atfon, ar<! honest
and tru~ to lite best of our knowledge and belief. We{l und~rstand tllat the
Information requested on this applIcation must be complete and =rate ilnd thilt
the content of Ihl~ form, whether computer generatlld or County prlnb!d sllall not
be altered. Publlt hearings wlllnol be ad1/t!rtised unlil this l\ppllcatlon b deemed
comple.." "nd all reqlllred Informallnn hn b.en submitted.
lis Pn>perty ow~er Well further ~uthorize J/,Dliert t. >>,umeA,LCP. and Richard D.
Yovan~vidl, EM]_, 10 act as our/my represenlallva In any matters regarolng this
Petition
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si'g~'~t~'(;'~6tp'J;~;~rt;~oWi,;r--
.,. ~-,~----..._-~......._~..---,~_....-,~.......-.,..
Slgnnlur~ of ProperlY Owut<
f:[oltfd J)pn"mic. ufNa/Jtes. LLC
Typed or Printed Name DfOWner
TYped or Printed N~rn.. of OWner
Th" foregoing InSlr~mellt~atknowledgM before me tllls JllL... da~ of .
<;I.,,~ \~~ , ZOO~ by '/io ~c."- woo 1S@~>on~IY known to m'!)
Of ha. produced _______------a5 Identllltatlon.
State of !,Iodd.
County I:lf Collier
JI ~:M,'ka. CtrflfeJl'iij~9"'1
lr"i} Q -'H 1.ITOO~IIJla~JOO.tr.t)Nd~i' 1.
'~~\!r '::':i'l)l&..~ f~~,~~.n .lOCi' r
<;....~<tt.~.?:.. ,~r.M ~":\l:t~.;..."'t"l:',.~'.n..,
~ ~"'_h..
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(Sl9nilWre <If Notary Public - State of
Florldlll
\)~.I1_t'.:~,,::Bu..'6~_____
(Print, Type, or Stamp Commissioned
lL~tt2\Wl"oJ"l1I)~l.kin.iIln:lJbI,kt.hutfJlt!M~,W4()X
H:\2004\2004112\WP\l'UO Rczone\Drans\BOXWQOD APPLlC^TION_060708.(6~y.Joc
13
Agenda Itern No. 17H
June 12. 2007
Page 66 of 21 0
This space for recording
AGREEMENT AUTHORIZING AFFORDABLE-WORKFORCE HOUSING
DENSITY BONUS AND IMPOSING COVENANTS AND
RESTRICTIONS ON REAL PROPERTY
THIS AGREEMENT is made as of the
day of
,2007, by
and between Home Dvnamics Naples, llC (the "Developer") and the Collier County
Board of County Commissioners (the "Commission"), collectively, the "Parties."
RECITALS:
A. The Developer owns a tract of real property described in Exhibit "A" attached
hereto and incorporated herein (The "Property"). It is the Developer's intent to construct
a maximum of 207 residential units (the "Units") at a density of 6.97 units per gross acre
on the Property. The gross acreage of Property is 29.69 acres. The number of
affordable-workforce housing units constructed by Developer shall be 20 percent of the
total number of residential Units approved in development orders issued for the Property.
B. In order to construct the Units, the Developer must obtain a density bonus
from the Commission for the Property as provided for in the Collier County Affordable
Housing Density Bonus Ordinance No. 90-89, now codified by Ordinance 04-41, as land
Development Code (lDC) ~ 2.06.00 et seq., which density bonus can only be granted by
the Commission and utilized by the Developer in accordance with the strict limitations
and applicability of said provisions.
C, The Commission is willing to grant a density bonus to the Developer
4/12/06
Page 1 of 32
Agenda Itern No. 17H
June 12. 2007
Page 67 of 210
authorizing the construction of 3.0 bonus Units on the Property, if the Developer agrees
to construct Affordabie-Workforce Units as specified in this Agreement.
NOW, THEREFORE, in consideration of the approval and grant of the density
bonus of 3.0 units per acre requested by the Developer and the benefits conferred
thereby on the Property, and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the Developer and the Commission
hereby covenant and agree as follows:
1. Recitals. The above Recitals are true and correct and are incorporated
herein by reference.
2. Developer Aoreements. The Developer hereby agrees that it shall
construct up to 42 units in accordance with the terms and conditions of this Agreement
and as specified by the attached Appendices A & B, Exhibits A, B, & C, and Appendix C,
which Appendices are incorporated by reference herein and which constitute a part of
this Agreement.
a. The following provisions shall be applicable to the affordable, workforce
and gap Units:
(1) Defined terms: In the event of a conflict between terms as defined in the
lDC or in Ordinance No. 90-89, Section 4, the definitions of the lDC will control when
applying or interpreting this Agreement. In addition to these defined terms and the
applicability of LDC ~ 2.06.04 "Phasing" shall mean: (a) the phased construction of
buildings or structures in separate and distinct stages as shown on a PUD master plan,
subdivision master plan or site development plan; or (b) in developments where phased
construction is not depicted on a PUD master plan, subdivision master plan or site
development plan, the construction of buildings or structures in a clearly defined series
of starts and finishes that are separate and distinct within the development.
(2) Median Income. For the purposes of this Agreement, the median income of
the area as defined by the U.S. Department of Housing and Urban Development (HUD)
G:IDeRunlzlRezonlnglOpen PUD PetlllonslAR-8379 Boxwood RPUD\5-23.07 SubmlllallREVISED AFFORDABLE HOUSING
AGREEMENT 05-22-07 (Clean),doc Page 2 of 32
Agenda Itern No. 17H
June 12, 2007
Page 68 of 21 0
(HUD) shall be the then current median income for the Naples Metropolitan Statistical
Area, established periodically by HUD and published in the Federal Register, as adjusted
for family size as shown on the tables attached hereto as Appendix A, Exhibit C, which
Exhibit shall be adjusted from time to time in accordance with any adjustments that are
authorized by HUD or any successor agency. In the event that HUD ceases to publish an
established median income as aforesaid, the Parties hereto shall mutually agree to
another reasonable and comparable method of computing adjustments in median
income.
(3) Eliqibilitv and Qualification of Owner. Family income eligibility is a three-step
process: 1) submittal of an application by a prospective Owner; 2) verification of family
housing unit provided under the affordable, workforce, and gap housing density bonus
program prior to being qualified at the appropriate level of income (very low, low,
workforce, or gap int:ome)in accordance with this Section; 3) certification of eligible
Owner by the Financial Administration and Housing Department.
The Developer shall be responsible for qualifying Owners by accepting
applications, verifying income and obtaining income certification for all affordable,
workforce, and gap units in the subject development. All applications, forms. and other
documentation required by this Agreement shall be provided to the Financial
Administration and Housing Department. Qualification by the Developer of any persons
as an eligible Owner family shall be subject to review and approval in accordance with
the monitoring and enforcement program in LDC SS 2.06.05 and 2.06.06, respectively.
(a) Application. A potential owner shall apply to the developer, owner,
manager, or agent to qualify as a very low, low, workforce, or gap income famiiy for the
purpose of owning and occupying an affordable-workforce housing unit pursuant to the
affordabie-workforce housing density bonus program. The Preliminary Application for
affordable-workforce housing unit shall be provided to Collier County Housing and
Grants Section as shown in Appendix B, Exhibit A, attached to this Agreement and
G:\DeRuntz\Rezoning\Opan PUD Pelltlons\AR-8379 Boxwood RPUD\5-23.07 Submltta~REVISED AFFORDABLE HOUSING
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Incorporated by reference herein.
(b) Income Verification and Certification. No affordable-workforce housing unit
in the development shall be sold whose household income has not been verified and
certified in accordance with this Agreement and LDC 9 2.06.05.
(c) Income Verification. The Developer shall obtain written verification from
the potential occupant (including the entire household) to verify all regular sources of
income (including the entire household). The most recent year's federal income tax
return for the potentiai occupants (Including the entire household) may be used for the
purpose of income verification, attached to the affordable-workforce housing applicant
Income Verification form, including a statement to release information, occupant
verification of the return, and a signature block with the date of application. The
verification shall be valid for up to one hundred eighty (180) days prior to occupancy.
Upon expiration of the 180 day period, the information may be verbally updated from the
original sources for an additional 30 days, provided it has been documented by the
person preparing the original verification. After this time, a new verification form must be
completed. The affordable-workforce housing Applicant Income Verification form shall
be provided to the Housing and Grants Section as shown in Appendix e, Exhibit e,
attached to this Agreement and incorporated by reference herein.
(d) Income Certification. Upon receipt of the Preliminarv Application for an
affordable-workforce housing unit and Applicant Income Verification form, the Developer
shall require that an income certification form be executed by the potential occupant
(including the entire household) prior to occupancy of the affordable-workforce housing
unit by the occupant. Income certification shall assure that the potential occupant has an
appropriate household Income which qualifies the potential occupant as an eligible family
to occupy an affordable-workforce housing unit under the affordable-workforce housing
density bonus program. The affordable-workforce Housing Applicant Income Certification
form shall be provided by the Housing and Grants Section as shown in Appendix B,
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Grants Section as shown in Appendix B. Exhibit C, is attached to this Agreement and is
incorporated by reference herein.
Random inspection of files containing required documentation to verify occupancy in
accordance with this Agreement and LDC ~ 2.06.00, may be conducted by the Housing
and Grants Section upon reasonable notice.
(4) Annual Proqress and Monitorino Report. The Developer shall provide the
Housing and Grants Section an annual progress and monitoring report regarding the
delivery of affordable-workforce housing units throughout the period of their construction
and occupancy. The annuai progress and monitoring report shall, at a minimum. provide
any information reasonably required to insure compliance with LDC ~ 2.06,00, or
subsequent amendments thereto. The report shall be filed on or before September 30 of
each year and the report shall be submitted by the Developer to the Housing and Grants
Section. Failure to complete and submit the monitoring report to the Housing and Grants
Section within sixty (60) days from the due date shall result in a penalty of up to fifty
dollars ($50.00) per day unless a written extension not to exceed thirty (30) days is
requested prior to expiration of the sixty (60) day submission deadline. No more than
one such extension may be granted in a single year.
(5) Occupancy Restrictions. No affordable-workforce unit in any building or
structure on the Property shall be occupied by the Developer, any person related to or
affiliated with the Developer, or by a resident manager.
3. Densitv Bonus. The Commission hereby acknowledges that the Developer
has met all required conditions to qualify for a density bonus, in addition to the base
residential density of 4.0 units per acre, ( 3.97 units per acre is used of the base density
of 4.0 units per acre) and is therefore granted a density bonus of 3.0 density bonus units
per acre, for a total density (total = density bonus units per acre X gross acreage) of
6.97 units/ac, pursuant to LDC ~ 2.06.00 The Commission further agrees that the
Developer may construct thereon, in the aggregate a maximum number of 207 units on
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of 207 units on the Property provided the Developer is able to secure building permit(s)
from Collier County.
4. Commission Aqreement. During the term of this Agreement, the
Commission acting through the Financial Administration and Housing Department or its
successor(s) covenants and agrees to prepare and make available to the Developer any
general information that it possesses regarding income limitations and restrictions which
are applicable to the affordable, workforce, or gap Unit.
5. Violations and Enforcement
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2.06.00, as amended, at the option of the Commission, building permits or certificates of
occupancy, as applicable, may be withheld for any future planned or otherwise approved
unit located or to be located upon the Property until the entire project is in full compliance
with this Agreement and with LDC 9 2.06.00, as amended.
6. Assiqnment bv Commission. The Commission may assign all or part of its
obligations under this Agreement to any other public agency having jurisdiction over the
Property provided that it gives the Developer thirty (30) days advance written notice
thereof. The Developer may not assign, delegate or otherwise transfer all or part of its
duties, obligations, or promises under this Agreement to any successor in interest to the
Property without the express written consent of the Commission, which consent may be
withheld for any reason whatsoever. Any attempt to assign the duties, obligations, or
promises under this Agreement to any successor in interest to the Property without the
express written consent of the Commission as required by this Section shall be void ab
initio.
7. Severabilitv. If any section, phrase, sentence or portion of this Agreement
is for any reason held invalid or unconstitutional by any court of competent jurisdiction,
such portion shall be deemed a separate, distinct, and independent provision, and all
other provisions shall remain effective and binding on the Parties.
8. Notice. Any notices desired or required to be given under this Agreement
shall be in writing and shall either be personally delivered or shall be sent by mail,
postage prepaid, to the Parties at the following addresses:
To the Commission:
Collier County Housing and Grants Section
2800 North Horseshoe Drive
Naples, Florida 34104
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To the Developer:
Alejandro J. Delfino
Home Dynamics Naples, LLC
4788 West Commercial Boulevard
Tamarac, Florida 33319
With copy to:
Richard D. Yovanovich
Goodlette, Coleman & Johnson, P.A.
4001 Tamiami Trail North
Suite 300
Naples, Florida 34103
Any Party may change the address to which notices are to be sent by notifying the other
Party of such new address in the manner set forth above.
9. Authoritv to Monitor. The Parties hereto acknowledge that the Collier
County Financial Administration and Housing Department or its designee, shall have the
authority to monitor and enforce the Developer's obligations hereunder.
10. Indemnifv. The Developer hereby agrees to protect, defend, indemnify and
hold Collier County and its officers, employees, and agents harmless from and against
any and all claims, penalties, damages, losses and expenses, professional fees,
including, without limitation, reasonable attorney's fees and all costs of litigation and
judgments arising out of any claim, willful misconduct or negligent act, error or omission,
or liability of any kind made by Developer, its agents or employees, arising out of or
incidental to the performance of this Agreement.
11. Covenants. The Developer agrees that all of its obligations hereunder shall
constitute covenants, restrictions, and conditions which shall run with the land and shall
be binding upon the Property and against every person then having any ownership
interest at any time and from time to time until this Agreement is terminated in
accordance with Section 14 below. However, the Parties agree that if Developer
transfers or conveys the Property to another person or entity, Developer shall have no
further obligation hereunder and any person seeking to enforce the terms hereof shall
look solely to Developer's successor in interest for the performance of said obligations.
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12. Recordina. This Agreement shall be recorded at County's expense in the
official records of Collier County, Florida.
13. Entire Aareement. The Parties hereto agree that this Agreement
constitutes the entire Agreement between the Parties hereto and shall inure to and be
binding upon their respective heirs, successors, and assigns.
14. Termination. Each affordable, workforce, or gap housing unit shall be
restricted to remain and be maintained as the required affordable, workforce, and gap
housing as provided in the LDC 92.06.04.
15. Modification. This Agreement shall be modified or amended only by the
written agreement of both Parties.
16. Discrimination.
a. The Developer agrees that neither it nor its agents shall
discriminate against any owner or potential owner because of said owners race, color,
religion, sex, national origin, familial status, or handicap.
b. When the Developer advertises, sells or maintains the affordable-
workforce housing unit, it must advertise sell, and maintain the same in a non-
discriminatory manner and shall make available any relevant information to any person
who is interested in purchasing such affordable-workforce housing unit.
c, The Developer agrees to be responsible for payment of any real
estate commissions and fees for which it is liable in the purchase and sale of affordable-
workforce units,
e. The affordable-workforce housing units shall be intermixed with,
and not segregated from, the market rate dwelling units in the development.
f. The square footage, construction and design of the affordable,
workforce, and gap housing units shall be the same as market rate dwelling units in the
development. All physical amenities in the dwelling units, as described in item number
seven (7) of the Developer Application for affordable-workforce housing Density Bonus
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shall be the same for market rate units and affordable-workforce units. For
developments wl1ere construction takes place in more than one phase, all pl1ysical
amenities as described in item number seven (7) of the Developer Application for
Affordable-Workforce Housing Density Bonus sl1all be the same in both the market rate
units and the affordable-workforce units in each phase. Units in a subsequent phase
may contain different amenities than units in a previous phase so long as the amenities
for market rate units and affordable, workforce, and gap units are the same within each
phase and provided that in no event may a market rate unit or affordable-workforce unit
in any pl1ase contain physical amenities less tl1an those described in the Developer
Application.
17. Phasinq. The percentage of affordable-workforce housing units to which
the Developer l1as committed for tile total development shall be maintained in each
phase and sl1all be constructed as part of each phase of the development on the
Property. Developer commits to 20 percent affordable-workforce housing units for this
project with 20 percent of the units in each phase built consisting of affordable-
workforce units
18. Disclosure. The developer shall not disclose to persons, other than the
potential buyer or lender of tile particular affordable-workforce housing unit or units,
which units in the development are designated as affordable-workforce housing units.
19. Consistency. This Agreement and authorized development shall be
consistent with the Growth Management Plan and land development regulations of
Collier County that are in effect at the time of development. Subsequently adopted laws
and policies shall apply to this Agreement and to the development to the extent that they
are not in confiict with the number, type of affordable-workforce housing units and the
amount of affordable-workforce housing density bonus approved for the development.
20. Affordable-Workforce Housinq Densitv Bonus Development Aqreement.
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f
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This Agreement is a distinct and separate agreement from "development agreements" as
defined by Section 163.3220, Fla. Stat., as amended.
21. Preapplication. Developer has executed and submitted to the Development
Services Department the Developer Application for Affordable-Workforce Housing
Density Bonus, a copy of which is attached to this Agreement as Appendix C and
incorporated by reference herein.
22. Governinq Law. This Agreement shail be governed by and construed in
accordance with the iaws of the State of Florida,
23. Further Assurances. The Parties hereto shail execute and deliver, in
recordable form if necessary, any and all documents, certificates, instruments, and
agreements which may be reasonably required in order to effectuate the Intent of the
Agreement. Such documents shall include but not be limited to any document requested
by the Developer to exhibit that this Agreement has terminated in accordance with the
provisions of paragraph 14 above.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
executed as of the day and year first above written.
ATTEST:
DWIGHT E, BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: James N. Coletta
Deputy Clerk
Approved as to form and legal sufficiency:
Marjorie M. Student-Stirling
Assistant County Attorney
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~~
DEVELOPER: Home Dynamics of Naple~.J~C
4788 West C9'~tn. Ivd
Tamara(1Oril , 19
6./
8., = t>1W /1) oS c..+.I.4C-K.
mAllllIr.,,,,,, Mphl~
Witness By:1~4LJJ, L
I )!a~ vJ r (i;,1
Printed Name
Title: {o..j,c!
;1 wV/";rr
STATE OF FLORIDA )
COUNTY OF COLLIER )
Title:"\>('oy~' \'r\/l"o.....(H~r
The foregoing Agreement Authorizing Affordable, Workforce, and Gap Housing Density
Bonus And Imposing Covenants And Restrictions On Real Property was acknowledged
before me bY~_"_t.t\.~":'M~ as NY-.'""'<;j C"'\~ \'<"\0 ""'~('
~~~~~~n~IIv..~no~~"to~or has produced as
identification.
WITNESS my hand and official seal this f") day of "'\"(\~ . 200t.
~
Nota1y Publio
My Commission Expires: 0'2. 2.'2..00
~-"'-->--_."._]
l~ . '--, ---- ---, .M._ '
Q)" _PNlIaI --,
I, , . lIYOOIMSSIOH'OO_l I
I . -:FtIlll;oJyl!l.lOO8
..., IOtw:\lIctllW""'''*~'
,...-.....-..--.......----....
.... ..-- .....- . _.. --, ' ....---.."
T...........-..._..........
EXHIBIT A
HOrive:U....:o1ej.ndrod-..:OOCUme...:MIctOloft Uaer Oata:Savod Al1achm_:REVlSEO III'FORDAllLa HOUSING
AGREIlMI:Nl' 070&)4(15).CL6AN,dOO Page 12 of 31
Agenda [tern No, 17H
June 12, 2007
Page 78 of 210
EXHIBIT A
LEGAL DESCRIPTION
The subject property being 29.69:!: acres is located in Section 35, Township 48
South, Range 26 East, and is more fully described as follows:
The north Y. of the south Y. of the northeast Y. of the southwest Y. of Section 35;
plus the south Y. of the south Y. of the northwest Y. of the southwest y., less the
west 100 feet and the south Y, of the south Y, of the northeast Y. of the southwest.
y. of Section 35, Township 48 South, Range 26 East, Collier County, Florida.
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APPENDIX A. EXHIBIT B
AFFORDABLE-WORKFORCE HOUSING
DENSITY BONUS RATING SYSTEM
LOC !l 2.06.03, provides for calculation of a density bonus for developers pledging
to construct affordable-workforce units within their development. Included in this Exhibit
B are instructions for and the tables with which to calculate the density bonus for a
particular project. Exhibit C contains the current median income and acceptable rents
for very low, low, workforce, and gap income households in Collier County.
The affordable-workforce housing density bonus rating system shall be used to
determine the amount of the affordable-workforce housing density bonuses which may be
granted for a development based on household income level arid percentage of
affordable, workforce, and gap housing units in the development. To use the affordable-
workforce housing density bonus rating system, Table A, below, shall be used. Table A
shall be reviewed and updated if necessary on an annual basis by the Board of County
Commissioners or its designee.
First, choose the household income level (very low, low, workforce, or gap) of the
affordable-workforce housing unit(s) proposed in the development, as shown in Table A.
Next, determine the percent of that type of affordable-workforce housing unit(s) proposed
in the development compared to the total number of dwelling units in the development.
From this determination, Table A will indicate the maximum number of residential dwelling
units per gross acre that may be added to the base density.
These additional residential dwelling units per gross acre are the maximum
affordable-workforce housing density bonus (AWHDB) available to that development.
Developments with percentages of affordable-workforce housing units which fall in
between the percentages shown on Table A shall receive an affordable-workforce housing
density bonus equal the lower of the two percentages it lies between plus 1l10th of a
residential dwelling unit per gross acre for each additional percentage of affordable-
workforce housing rental units in the development. For example, a development which
has 24% of its total residential dwelling units as affordable-workforce housing units, and
which has an affordable housing density bonus rating of "four" will receive an affordable-
. workforce housing density bonus (AWHDB) of 4.4 residential dwelling units per gross acre
for the development.
In no event shall the affordable-workforce housing density bonus exceed eight (8)
dwelling units per gross acre.
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APPENDIX A, EXHIBIT B
AFFORDABLE.WORKFORCE HOUSING
DENSITY BONUS RATING SYSTEM
Summary Table
(1) Base density 3.96 units per acre.
(2) Gross acreage 29.69
(3) Density Bonus= 3.0 dwelling units per acre calculated as follows:
One density bonus units per acre for 10% of the units being
sold to individuals or families earning between 81 % and
150% of the MI and two density bonus units per acre for
10% of the units being sold to individuals or families earning
between 61 % and 80% of the MI.
(4) The total number of units is 207 of which 21 units will be being sold
to individuals or families earning between 81 % and 150% of
the MI and 21 units will be sold to individuals or families
earning between 61 % and 80% of the MI. The total number
of affordable units for both GAP and Work-force housing is
42 units or 20% of the total number of units.
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APPENDIX A. EXHIBIT B
AFFORDABLE-WORKFORCE HOUSING
DENSITY BONUS RATING SYSTEM
Please calculate your density bonus in the space provided below. Attach additional
pages if necessary.
TABLE A: AFFORDABLE-WORKFORCE
HOUSING DENSITY BONUS RATING
--~- --
MAXIMUM ALLOW ABLE DENSITY BONUS BY PERCENT OF DEVELOPMENT
DESIGNATED AS AFFORDABLE-WORKFORCE HOUSING
Househol(
Product Income ( 10'1 20~ 30% 40% 50% 60% 70% 80% 90% 100%
median)
81-150%
Gap .MI* ** 1 2 3 4 5 6 6 6 6 n1a
_0__' (Gap)
61-80% M
Workforce 2 3 5 8 8 8 8 8 8 8
. -
51,60% I
Low MI 3 4 6 8 I 8 8 8 8 8 8
,-- , -
50%
Very Low or less 4 5 7 8 8 8 8 8 8 8
MI
,
'Owner-occupied only
"May only be used in conjunction with at least 10% at or below 80% MI
Total Maximum Allowable Density = Base Density + Affordable-Workforce Housing
Density Bonus.
In no event shall the maximum gross density allowed exceed 16 units per acre.
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APPENDIX A, EXHIBIT C
INCOME AND RENT LEVELS FOR THE LOW AND MODERATE INCOME.
Pursuant Chapter 74, Section 74-402 (a)(1); Collier County Code of Laws and
Ordinances, moderate income is 61 % to 80% of the median income, low income is 51 %
to 60% of the median Income and very low income is less than 50% of the median
income.
MEDIAN INCOME 2005
$63,300 Naples, MSA (Collier County)
NUMBER OF MEMBERS IN FAMILY
1 2 ~ ! ~ 9- 7 ~
150% 73,350 83,700 94,200 104,70 113,10 121,50 129,90 138,15
80% 39,100 44,650 50,250 55,850 60,300 64,750 69,250 73,700
60% 29,340 33,480 37,680 41,880 45,240 48,600 51,960 55,260
50% 24,450 27,900 31,400 34,900 37,700 40,500 43,300 46,050
35% 17,115 19,530 21,980 24,430 26,390 28,350 30,310 32,235
25% 12,225 13,950 15,700 17,450 18,850 20,250 21,650 23,025
RECOMMENDED RENTAL RATES
The Florida Housing Finance Corporation (FHFC) calculates rents to use in the State
Apartment Incentive Loan (SAIL) and the Low-Income Rental Housing Tax Credit
(L1HTC) programs. The rents given below are based on 2001 data from FHFC. Utility
costs are provided from the County's Section 8 Rental Assistance Program which is
administered by the Collier County Housing Authority.
HOUSING COSTS BASED ON 30% FAMILY INCOME
ONE TWO THREE FOUR
BEDROOM BEDROOM BEDROOM BEDROOM
UNIT UNIT UNIT UNIT
150% $1,961 $2,355 $2,720 $3,034
$1,046 $1 ,256 $1,451 ' , $1,618
80%
60% $~~5-- $942 $1,089 $1,215
50% .J;654 $785 $907 $1,012
-:--" ~
35% $458 $549 $635 $708
25% $327 $392 $453 $506
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UTILITY ALLOWANCES
ONE B/R TWO BlR THREE SIR FOUR B/R
LOCATION UNIT UNIT UNIT UNIT
Naples and Coastal
Collier County 71,00 91.00 128.00 156.00
Immokalee and East of
Everglades Blvd. 67.00 106.00 148.00 173,00
Golden Gate 96.00 144.00 186.00 211.00
YOU MUST DEDUCT UTILITIES TO CALCULATE NET RENTS.
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APPENDIX B. EXHIBIT A
PRELIMINARY APPLICATION FOR AFFORDABLE-WORKFORCE HOUSING UNIT
Date Occupancy Desired:
Your Name:
Date of Application: AmI. Of Sec. Dcposit:
__ RaceINational Origin: Handicap: Yes _ No
Race/National Origin: Handicap: Yes _ No_
Co-Tenant NalUe
Present Address:
Street
City
State
Zip
Telephone No.
Name of Landlord
Landlord's Address:
How Long at this Address:
-
Zip
Street
City
State
Telephone No.
If you have resided at your present address less than 3 years, please state previous address:
S trcct
City
State
Zip Telephone No.
Name of Previous Landlord
Street
City
State
Zip
Telephone No.
APPLICANT:
Present Employers Name
Address and Telephone No.
How long with Prcsent Employer:
Job Title
Gross Salary: Hourly $___~ Weekly $_ Every 2 Weeks $_~ Monthly $
Social Security Number Birth Date
Previous Employers Name _ ..__
Address and Telephone No.
How long with Previous Employer
CO-TENANT:
Job Title
Present Employers Name
Address and Telephone No.
How long with Present Employer: Job Title,
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Agenda Itern No. 17H
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Gross Salary: Hourly $_ Weekly $
Social Security Number
Previous Employers Name
Address and Telephone No.
How long with Previous Employer
EvelY 2 Weeks $
Birih Date
Monthly $_
Job Title
NAMES OF ALL WHO WILL OCCUPY APARTMENT BIRTH DA TR SEX AGE SOCIAL SECURITY
1.
2.
3.
PERSONAL REFERENCES (Not Relatives)
1. Name:
Address:
How Long Known:_
2. Name:
Address:
How Long Known:
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Agenda Item No. 17H
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APPENDIX B. EXHIBIT B
AFFORDABLE-WORKFORCE HOUSING APPLICANT INCOME VERIFICATION
Date:
Applicant's Name:
Co-Tenant's Name: :
Social Security Number
Social Security Numbcr
Telephone No.
Present Address:
Street City State
I hereby make application for a single family unit at
I hereby declare and reveal all of my sources of income.
I = aware that to leavc out, omit or fail to rcport my assets or forms of income from pensions,
stocks, bonds, real property rent, sale or ownership is a fi'audulent act punishable by law.
Knowingly falsifying information on this foml is cause for refusal of occupancy.
Zip
I hereby celtify that this will be my permanent residence and that I have 110 other assisted housing.
I understand that this information is for the purpose of computing my annual income to determine
my qualification to buy all affordable, workforce, or gap housing unit. I understand that I am not
rcquired to surrender my ownership or rights or claimed property, pensions or capital gains, etc.
Applicant
Amount Frequency
Received of Pay
Wages/Sahuy
Bonuses
Tips
Conmlissions
Interest Income
Trust Fund Income
Unemployment
Workman's Compensation
Welfare.
Food Stamps
Social Security
Social Security Disabiliiy
Supplemental SSI
F=ily Assistance
Child Support
Veterans B enefi ts
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$~--
$
$---
$
$
$~---
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$
$
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Co-Occupant
Amount Frequency
Received of Pay
$ $
$ $
$ $
$--- $
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$ $
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G~\DeRuntz\Rezoning\Ope.n PUD Pet1t!ons\AR-8379 Boxwood RPUD\5.23-07 Submittal\REVISED AFFORDABLE HOUSING
AGREEMENT 05.22.07 (Clean).doc Page 21 of 32 .
Agenda Itern No. 17H
June 12, 2007
Page 87 of 21 0
Widows Benefits $ $ $- $
Union Pension $ $ $ _._~ $
Self-Employment Business,
Silent Partner, etc. $ $ -- $ - $
Private Insurance Pension $ $ $ $
TOTAL ANNUAL INCOME $ $
THE VERlFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT
YEAR'S INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCUPY
THE AFFORDABLE, WORKFORCE, OR GAP UNIT.
THE SAME MUST BE EXECUTED FOR EACH OCCUPANT OF THE HOUSEHOLD WHO
CONTRIBUTED TO THE ANNUAL HOUSEHOLD INCOME. FAILURE TO REPORT ALL
SOURCES OF HOUSEHOLD INCOME WILL RESULT IN DISQUALIFICATION FOR TENANCY IN
AFFORDABLE, WORKFORCE, OR GAP HOUSING UNIT.
G:\DeRunlz\Rezonlng\Open PUD Pelillons\AR-8379 Boxwood RPUDI5-23.07 Submlttal\REVISED AFFORDABLE HOUSING
AGREEMENT 05-22-07 (Clean).doc Page 22 of 32
r
Agenda Itern No, 17 H
June 12, 2007
Page 88 of 210
APPENDIX B. EXHIBIT C
AFFORDABLE-WORKFORCE HOUSING APPLICANT INCOME CERTIFICATION
APPLICANT:
Present Employer:
Address:
Job Title:
Street
City
State
Zip
I,
, hereby authorize the release of infOlmation requested
(Applicant)
on this certification fOffi1.
Signature of Applicant
STATEOFFLORIDA )
) 5S
COUNTY OF COLLIER)
The foregoing was acknowledged before me by __
Who is personally known to me or has produced,
as identification.
Witness my hand and official seal this
day of
,2007.
(notalY seal)
-
Notary Public
My Commission Expires:
G:IDeRuntzlRezoninglOpen PUD PetilionslAR.8379 Boxwood RPUDI5-23-07 Submma~REVISED AFFORDABLE HOUSING
AGREEMENT 05-22-07 (Ciean),doc Page 23 of 32 .
Agenda Itern No. 17H
June 12. 2007
Page 89 of 21 0
EMPLOYER CERTIFICATION
Applicant's Gross Annual Income or Rate or Pay: $
Number of Hours Worked (Weekly):_. Frequency of Pay:
Amount of Bonuses, Tips, or other Compensation Received: $
$
Monthly
Armually
Supervisor
STATE OF FLORIDA )
) ss
COUNTY OF COLLIER)
The foregoing was acknow!cdged before me by
Who is personally known to me or has produced
identification.
as
Witness my hand and official seal this
day of
,2007.
(notary seal)
Notary Public
My Commission Expires:
THE CERTIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT YEAR'S
INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCUPY THE
AFFORDABLE-WORKFORCE UNIT.
G:\DeRuntz\Rezonlng\Open PUD Pellllons\AR-8379 Boxwood RPUD\5-23,07 Submiltal\REVISED AFFORDABLE HOUSING
AGREEMENT 05-22-07 (Clean),doc Page 24 of 32
Agenda Itern No. 17H
June 12, 2007
Page 90 of 210
APPENDIX C
DEVELOPER APPLICATION FOR AFFORDABLE-WORKFORCE
HOUSING DENSITY BONUS
Pursuant to LDC S 2.06.01 please complete this form and submit it with any accompanying
documentation to the Connnunity Development & Environmental Services Division, 2800 North
Horseshoe Drive, Naples, Florida 34 I 04. A copy must also be provided to the Collier County Housing
and Grants Section.
All items requested must be provided.
I. Plcase state what zoning districts are proposed by the applicant, if any, on the property and the
acreage of each; PUD. 29.69 acres
2. Has an application for rezoning been requested in conjunction with the affordable, workforce
and gap housing Density bonus?
X Yes
No
If yes, state date of applicl!tion Filed initiallv in 2005 and resubmitted as Affordable 6/2006 al1d ifthe
request has been approved, stOlte the Ordinance numbcr N/ A.
3. Gross density of the proposed development. 6.97 units/acre.
Gross acreage of the proposed development. 29.69 acres.
4. Are affordable-workforce housing density bonus units sought in conjunction with an
application for a planned unit development (PUD)? X Yes __No.
If yes, please state namc and location of the PUD and any other identifying information. The
Boxwood RPUD is located in the northwest half of Section 26. Township 48 South. Range 26 East.
aporoximatelv y" mile east of the intersection of Collier Boulevard (CR-95I ). and Immokalee Road
(CR-846).
5. Name of applicant Home DvnalUics Naples. LLC
Name ofland developer ifnot the same as Applicant: Same
G:IDeRunlzIRezonlng\Open PUD Petltions\AR-8379 Boxwood RPUD\&-23,07 SubmiUallREVISED AFFORDABLE HOUSING
AGREEMENT 05-22-07 (Cleanj.doc Page 25 of 32
Agenda Itern No. 17H
June 12, 2007
Page 91 of 210
6. Please complete the following tables as they apply to the proposed development.
G:\OeRuntz\Rezonlng\Open PUD PetilionslAR'8379 Boxwood RPUD\5-23.07 Submltlal\REVISED AFFORDABLE HOUSING
AGREEMENT 05.22-07 (Clean).doc Page 26 of 32
Agenda Itern No. 17H
June 12, 2007
Page 92 of 21 0
TABLE I
Total Number of Units in Development
Type of
Unit
Rental
Owner
Occupied
Efficiency
One Bedroom
Two Bedroom
Three Bedroom
Other Bedroom
TOTAL
207
TABLE II
Number of Affordable-Workforce Housing Units
Total Number of
Affordable- W ork-
force Units
in Development
Proposed Use for
Density Bonus Units
Owner
Rental Occupied
Owner
Rental Occupied
GAP INCOME
81-150% MI
Efficiency
1 Bedroom
2 Bedroom
10% of approved density
if base density is exceeded
3 Bedroom
Other
TOTAL
10% of aPDroved density --.AlL
(if base density is exceeded)
G;\DeRun\z\Rezoning\Opan puo Pelltions\AR-8379 Boxwood RPUD\5-23-07 SubmiUel\REVISED AFFORDABLE HOUSING
AGREEMENT 05-22-07 (Cla.n).doc Page 27 of 32
Agenda Itern No, 17H
June 12, 2007
Page 93 of 21 0
WORKFORCE INCOME
61-80% MI
Efficiency
I Bedroom
2 Bedroom
10% of approved densitv -AlL
(if base density is exceedcd)
3 Bedroom
Other
TOTAL
10% of approved density -AlL
(if base density is exceeded)
LOW INCOME
51-60% MI
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
Other
TOTAL
-L
-L
VERY LOW INCOME
50% OR LESS MI
Efficiency
I Bedroom
2 Bedroom
3 Bedroom
Other
TOTAL
-L
-L
G:IDeRuntzlRezoninglOpen PUD PeUUonsIAR-8379 Boxwood RPUDI5-23-07 SubmillallREVISED AFFORDABLE HOUSING
AGREEMENT 05-22-07 (Clean),doc Page 28 of 32
Agenda Itern No. 17H
June 12. 2007
Page 94 of 21 0
7. Please provide a physical description of the affordable-workforce units by type of unit (very low
income, low income, workforce income, gap income) and by number of bedrooms. Include in your
description, for example, the square footage of each type of unit, floor coverings used throughout
the unit (carpeting, tile, vinyl flooring); window treatments; appliances provided such as
washer/dryer, dishwasher, stove, refrigerator; bathroom amenities, such as ceiling exhaust fans; and
any other amenities as applicable. Attaeh additional pages as Exhibit "0" ifneeded.
All homes in the Boxwood PUD, including the homes reserved for affordable-workforce
income pm.chasers, will share many common features:
OUTSIDE
Mediterrallean S-Style cement tile roof
Brick paver driveway, walkway, porch & patio
Covered entry
Covered patio
Professionally landscaped, fully sodded homesite
Stucco exterior with skip trowel finish & decorative bands
New hunicane code constlUction
Built to new Florida building codes
HUlTicane shutters on all exterior windows & sliding glass doors
Raised panel steel garage door, pre-wired for door opener
Coach light at gamge
White electroplated aluminum window frames with screens
Six panel entry door
Vented stucco soffits
Weatherproof GFI electrical outlets
Two hose bibbs
G:IDeRunlz\RezoningIOpen PUD Petltlons\AR-8379 Boxwood RPUDI5-23-07 SuhmlttallREVISED AFFORDABLE HOUSING
AGREEMENT 05-22.07 (Cle.n).doc Page 29 of 32
Agenda Itern No, 17H
June 12, 2007
Page 95 of 21 0
Ten yeal' stmctural warranty
Termite treated foundation
Steel reinforced concrete foundation
INSIDE
13" X 13" Ceramic tile flooring in kitchen, baths & foyer in choice of colors
Upgraded stain-resistant cmpeting in choice of colors
Upgrade 7116" 61b. density padding
High-efficiency central air conditioning & heating system with programmable thermostat
Air conditioned laundry area with ceralnic flooring & convenient vinyl shelving
Full size washer & dryer
40 gallon double element, quick recovery, energy efficient water heater
Front door chime
Two Panel with inset arch interior doors and upgraded thnmb--latch handle set at entry door.
Raised pallel bi-fold doors on closets
Walk-in closets ill all master bedrooms with NC vents
Ventilated shelving in all closets
Energy-efficient R-19 ceiling insulation
Colonial baseboards throughout
Smoke detectors
Mal'ble window sills
All bedrooms & living room pre-wired for cable
All bedroom, living room & kitchen pre-wired for telephone
Pre-wired for ceiling fallS in all bedrooms & jiving room
Circnit breakers
KlTCHEN
G:IDeRunlzlRezonlnglOpen puo Pelillons\AR-8379 Boxwood RPUD\5-23-07 SubmlttallREVISED AFFORDABLE HOUSING
AGREEMENT 05-22-07 (eleBn).doc Page 30 of 32
Agenda Item No. 17H
June 12, 2007
Page 96 of 21 0
18 cubic foot frost frcc refrigerator equipped with icemaker
30" self-cleaning oven ral1ge with four burners
Built-in microwave with hood light
Multi-cycle dishwasher
Choice of white or bisque applial1ces
Stainless steel double basin kitchen sink
Food waste disposal
European-style upper & lower cabinetry with easy-care mica countcr tops
Pantry for added storage
Breakfast area in selected models
]3" x 13" ceran1ic tile flooring
BATH
Shower stall with clear glass enclosure inll1aster bath
Decorator faucets in all baths
Elongated commode in all baths
]3" x 13" ceralUic tile flooring
6" x 6" ceramic tile on walls in the wet areas
Medicine cabinet in master baths
42" high mirrors in all baths
Decorator lighting
Mica vanity with drop-in porcelain sinks in baths
Features may vary depending on home selection. Builder reselves the right to substitute
equipment, materials and appliances. Fcaturcs, specifications, dimensions, designs and prices
subject to change without prior notice.
G:IDeRuntzlRazonlnglOpan PUD PetitionslAR.B379 Boxwood RPUD\5-23-07 SubmltlallREVISED AFFORDABLE HOUSING
AGREEMENT 05-22-07 (Clean).doc Page 31 of 32
Agenda Itern No. 17H
June 12, 2007
Page 97 of 210
The homes reserved for affordable-workforce housing purchasers will be two and three
bedroom, two bath units in multi-family buildings. Each home will be owned by the
purchaser.
All of the Boxwood homes will have periodic exterior painting provided for by the Boxwood
Community Association. The monthly homeowner's fee will also cover the cost of basic cable
television service, conunon areas and a commwlity canana, bath and pool area, where res; dents
and guests may swim or just relax. The monthly fee has not yet been finally detemlined, but is
anticipated to be approximately $180 pcr month.
8. Please supply any othcr infonllation which would reasonably be needed to address this request for
an affordable, workforce, alld gap housing density bonus for this development. Attach additional
pages ifneeded.
G:\OeRunlz\RezoningIOpen PUD PetltlonslAR-8379 Boxwood RPUD\5-23-07 SubmillallREVISED AFFORDABLE HOUSING
AGREEMENT 05-22-07 (CIA.n).doc Page 32 of 32
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June 12, 2007
Page 99 of 21 0
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Agenda Item No. 17H
June 12, 2007
Page 100 of 210
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Agenda Item No, 17H
PUUZ.2005-AR-S3-wJune 12moo~ 2
" . 200409006tJage 101 of 210
PloJect. DUE' 10/4/06
Date: 9/1106 .
ENVIRONMENTAL IMPACT STATEMENT
COLLIER BOULEVARD PARCEL
COLLIER COUNTY, FLORIDA
January 2005
(Revised July 2006)
For
Home Dynamics, Corp.
4788 West Commercial Blvd,
Tal11arac, FL 33319
ENVIRONMENTAL SERVICES, INC.
1410 Park Lane South, Suite 1
Jupiter, Florida 33458
561-743-5141
E1104141
Agenda Item No, 17H
June 12, 2007
Page 102 of 210
TABLE OF CONTENTS
I. INTRODUCTION ....,..",,,..,."',,,,,,....'..'....,,,,.."'.,,,....,....,...,,.,,..,....,,"..,.,.,.."...."...."..., 1
II. METHODS ,..""..",...".""...,,,.. ",..,...,,,,, ...."..",..."",,,,.. ..,....,,,,,, ,...."""...,....,..,..,,,,......,1
III. RESULTS ..."" ,....,....,,,,,,, ....,..."... ,,'.. ", "....." ...."..... "..,,, ....."".." ",,' ,....."....,.. ""....",...3
A, Soils,.... ,.... .....,.."'".."....',..,..,. ,..,......" ....,.."" "'...., ....."...',.....,....." ...., ..........., .... 3
B. Vegetative Communities,..,.. ...." .......", ......", ......., ....", ........"".."......, ....",...."...5
C, Listed Spccies ,...., ,...,....".....,...........,'........,............'.." ...........,....,'....,............, ..,5
D , Wetlands ,.. ..."..,.."...'.. "".",.,...." ",..'",......" ........". """".., ,,,..,..,,,,. ".. "".....,...... 7
E. Soils and Ground Water Testing.."....,....,.."",..,........"........."'..............,............ 7
F, Cultural Resources ...,...."..,.,..,.."........""..,..,....... "...."'..........,..",........"..'.,,,..... 7
IV. RECOMMENDATIONS, ."..""".......,.."",....",..", "..,,,,,,'...,..,. ....."..,....".. ,..",,,,..,....,.., 8
A. Vegetative Communities"......, ,.."" ,...",...,.." ........,....." ....." ,..........,'..""........".. 8
B, Listed Species, ..... ....,..,.." ....."'..'" ."..,,, "",.., "..".,.,.,..""..,....",,,.. ,.. ".., ....,..,...... 8
C, Wetlands ",.".,..... ",,,,,,,.,....,... ,..,,,'....,,........,........ ......"....,....",...... ,..".,....,...." 12
D, Soil and Ground Water Testing ...........,...".......,....,...........,....,......,."".............12
REFERENCES ,.." ,..,.......",,,,,..........',...,, ....."..",..,..... ....".."... ,...,'..,.., ..." '....',....' ....... .... ....", .13
LIST OF FIGURES
Figure 1
Figure 2
Figure 3
Figure 4
Figure 5
Figure 6
Site Location Map,..", ,,,.,, .....,.." .........."",..",.......".. ,..,...., ..,.., ......."..,....,.."...,..2
Soil Map..".......,.."....,.."'''''..,....''......'''..,....,.... ,..,......"........." ..,.. ,.., "'...."....,.... 4
Vegetative ConU1lllnities Map ....."......,....,..,.......,....,..,..."..,..,...."..,....,..,....",...6
1993 Aerial...., ,....,'....',..........,'.."""",.......,.." ,.. "",' "".'..",..,..,.,.."....,....", ..."",,9
1996 AeriaL",..,.."'..,....,..""....,.."...... "...."",....."".." ,..""...., "......."..", ......,..1 0
2002 Aerial.,..,....,. ....".'""....,.... "..... .."......., ",......"...., ,........",.,.., ,."",..,.......,., 11
LIST OF ATTACHMENTS
Attachment 1 Professional Credentials
Attachment 2 Agency Correspondence
Attac1mlent 3 Phase II Environmental Site Assessment
Attac1mlent 4 Photographs
Attachment 5 Water Management RepOlt
Attachment 6 Preserve Area Cross Section
ii
Agenda Item No, 17H
June 12, 2007
Page 103 of 210
ENVIRONMENTAL IMP ACT STATEMENT
COLLIER BOULEVARD PARCEL
COLLIER COUNTY, FLORIDA
I, INTRODUCTION
Environmental Services, Inc, , (ESI) conducted an environmental assessment of the 3D-acre
parcel on 17 September 2004 (See Attachment 1 for Professional Credentials), The parcel is
comprised of low density residential and tree nurseries, and is located in Sectiou 35, Township
48 South, Range 26 East, Collier County, Florida (Figure 1), The parcel is bound on the north by
residential apartment buildings and undeveloped land, on the south by undeveloped land, on the
east by residential apartment buildings, and OlJ the west by Collier Boulevard.
II. METHODS
Prior to the site visit, the U,S, Geological Survey 7,5-minute Topographic Map, Belle Meade
Quadrangle (Photorevised 1983) and the Soil Survey of Collier County Area. Florida, (US,
Dcpartmcnt of Agriculture 1998) were reviewed to deterl11ine topographic features and site soil
mapping units. The 2002 Collier County 1" = 200' scale aerial photograph of thc parccl were
obtained and reviewed to determine locations ofpotcntial cnvironmcntal features,
A pedestrian survey of the parcel was conducted to l11ap approximate locations and boundaries of
significant environmental resources, vegetative communities, exotic vegetation, wetland areas,
surface waters, presence of listed plant or animal species, and vegetative communities which
would require protection or identification under local rules and regulations,
The Guide to the Natural Communities of Florida (Florida Natural Areas Inventory 1990)
provides classification of natural communities of Florida and was used in this investigation,
Approximate location of vegetative community cover type boundaries and other features of the
site were mapped on 1999 Florida Department of Environmental Protection (DEP) true-color
aerial photographs for enhanced viewing, Vegetative communities were identified in accordance
with Florida Land Use Cover and Forms Classifications Systems Handbook (Florida Department
ofTransportation 1999) (FLUCFCS).
Wetland protection is mandatcd under both federal and state regulations, The U.S, AtU1Y COIpS
of Engineers (CE) regulates activities in Waters of the United Statcs pursuant to the Clcan Water
Act (PL92-500 Section 404) as further defined in the CE regulatory program (33 CFR 320-330),
DEP has established wetland identification and permitting processes at Chapter 62-330, 62-340,
and 62-312 of the Florida Adl11inistrative Code (FAC), Current federal and state wetland
definitions are derived from the original definition found in 33 CFR 328.3, identifying wetlands
as "those areas that are inundated, or saturated by surface or ground water at a frequency and
duration sufficient to support, a prevalence of vegetation typically adapted to life in saturated soil
conditions",
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Agenda Item No. 17H
June 12, 2007
Page 105 of 210
Delineation of federally regulated jurisdictional wetlands is detcrmined by the Corps of
Engineers Wetlands Delineation Manual (USAE Waterways Experil11ent Station Environmental
Laboratory 1987), Delineation of wetlauds regulated by DEP and South Florida Water
Management District (SFWMD) is done according to Chapter 62-340 F AC, Delineation of the
Landward Extent of Wetlands and Surface Waters, The Florida Wetlands Delineation Manual
(Gilbert et ai, 1995) scrves as a guide to Chapter 62-340. Both manuals, which emphasize the
identification of hydric soils, hydrophytic vegetation, and wetland hydrologic conditions in
making wetland detellninations, were used in this investigation,
Listed species of plants and wildlife arc found in Florida's Endangered Species, Threatened
Species and Species of Special Concern, Official Lists (Florida Fish and Wildlife Conservation
Comrnissiou 2004) and Preservation of Native Flora of Florida, Chapter 5B-40,0055 (Florida
Departl11ent of Agriculture and Consumer Services, Division of Plant Industry, April 2004, Any
occunences of listed species were recorded. A series of pedestrian transects were conducted
across the property to determine the presence of any listed species,
III. RESULTS
A, Soils
Soils within the parcel are mapped as Holopaw fine sand, limestone substratum; Oldsmar
fine sand, lil11estone substratum; and Pineda fine sand, limestone substratum (Figure 2),
The natural soils have been considerably altered because the entire site has been cleared
and used for residential and agricultural purposes,
1, Holopaw fine sand. limestone substratum (2). Holopaw fine sand,
limestone substratum, is a nearly level, poorly drained soil found in sloughs and
poorly defined drainageways, Under natural conditions, the seasonal high water
table is within a depth of 12 inches for three to six months during most years.
During the other months, the water table is below a depth of 12 inches and it
recedes to a depth of more than 40 inches during extended dry periods, Typical
natural vegetation for this soil is slash pine (Pinus elliottii), wax myrtle (Myrica
cerifera), chalky bluestem (Andropogon virginicus), maidencane (Panicum
hemitomon), and gulfmuhly (Muhlenbergia sp)
2, Oldsmar fine sand, limestone substratum (10\, Oldsmar fine sand,
lil11estone substratum, is a nearly level, poorly drained soil found on flatwoods,
Under natural conditions, the seasonal high water table is between a depth of six
to 18 inches for one to six months during most years, During the other months,
the water table is below a depth of 18 inches and it recedes to a depth of more
than 40 inches during extended dry periods, Typical natural vegetation for this
soil is slash pine, wax myrtle, saw palmetto (Serenoa repens), and chalky
bluestem,
3
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2 = Holopaw fine sand,
Limestone Substratum
10 = Oldsmar fine sand,
Limestone Substratum
14 = Pineda fine sand,
Limestone Substratum
.
0125
O.25Km
Source Soli Survey oreollier Counly, F!orilja, 19!1O
$lIclion 35. TowO!.hip 40 Soulh. Rang(! 26 East
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~I ~ENVIRONMENTAL Collier B~~~e~~d Parcel J'p~~ec~: _ EP0414~j'i
. SERVICES, INC, Collier County, Florida Date: October 2004 I
_.-~--- ~----_.~_._----_._-~----_._. ------~-~ ;
-' . -----~
Agenda Item No, 17H
June 12, 2007
Page 10701210
3, Pineda fine sand, limestone substratum (14), Pineda fine sand, limestone
substratum, is a nearly level, poorly drained soil found in sloughs and poorly
defined drainageways, Under natural conditions, the seasonal high water table is
within a depth of 12 inches for three to six months during 1110st years, During the
other months, the water table is below a depth of 12 inches and it recedes to a
depth of more than 40 inches dWlng extended dry periods, Typical natural
vegetation for this soil is slash pine, wax myrtle, chalky bluestem, maidencane,
and gulfmuhly,
B, Vegetative Communities
Vegetative coml11unities within the parcel were mapped using FLUCFCS (Figure 3), TIle
vegetative communities comprise a mixture of non-native exotic hardwoods and
herbaceous species,
The vegetative cOllllnunitics arc dcscribcd as follows:
1, Residential. Low Density (FLUCFCS I J 0), The residential, low density
area occupies 10,0 acres of the site, There is one single-family home on the area,
This area occurs on the nOlihem section of the property and contains slash pine,
laurel oak (Quercus laurifolia), bcggar ticks (Eidens sp,), Caesar weed (Urena
lobala), cabbage palm (Sabal Palmetto), and Brazilian pepper (Sehinus
terebinlhifolius), There is no native vegetative community left intact with
canopy, subcanopy and ground cover.
2, Tree Nurseries (FLUCFCS 241), The tree nurseries cover type occupies
20,0 acres of the sitc, This cover type occurs on the southern portion of the
propetiy, Native vegetation is sparsely scattered throughout and includes slash
pine, cabbage palm, and bald cypress (Taxodium distichum), Thcrc is no native
vegetative community left intact with canopy, subcanopy and ground cover,
C. Listed Species
No animals listed as protected by federal, state, or local environmental regulatory
agencies, nor any signs of such animals, were observed within the parcel. Field review of
the parcel identified two species of non-listed wildlife, the NOlihern mockingbird (Mimus
polyglot/os) and gray squirrel (Sciurus carolinensis).
No plant species regulated by Florida Department of Agriculture and Consumer Services
(FDACS) as Threatened or Endangered were observed within the project boundary,
A list of listed species known to occur in Collier County is included as Attachment 2,
FFWCC and the ns. Fish and Wildlife Service (USFWS) were contacted regarding
records of potential listed species occurrence in the area of the project site, According to
FFWCC, the project area is located within a Florida panther strategic habitat conservation
5
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. rage 108 of 210
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Vegetative CommuniUes Map
Collier Boulavard Parcel
Collier County, Florida
3
EP04141
Agenda Item No, 17H
June 12, 2007
Page 109 of 210
area, A response has not yet been received Ji-om USFWS, See Attachl11ent 2 for FFWCC
correspondence,
D, Wetlands
No jurisdictional wetlands were identified on the propeJty,
E, Soil and Ground Water Testing
Because the propelty has been used for agricultural purposes, Collier County requires
that soil and groundwater testing be done to assure there is uo contamination on site, A
Phase II Envirorullental Site Assessment of the soils and groundwater was conducted by
Dynatech Engineering Corporation in November of 2004, The results of the Phase II
Environmental Site Assessment are summarized below and are included in Attachl11ent 3,
One soil boring was perfoffiled down to an average depth of six feet below the existing
ground surface, An soil borings were performed according to ASTM D-1586, Soil
samples were col1ected during the soil borings operations, split and placed in 16-ounce
glass jars, half ful1 and covered with aluminum foil. The head space in the jars was
al10wed to be stabilized between 20 C and 32 C and readings were obtained five minutes
thereafter using an organic vapor analyzer O,V,AJFJ,D, OV.S, Tesl results were found
in compliance with state and county standards.
One temporary monitoring wel1 was installed, Development of the well was perfOlmed
until clear ground water was evident. Ground water samples were secured pursuant to
purging thc wcl1 a minimum of five volumcs. The well was then sampled for
Environmental Protection Agency (EPA) method 602, 610, 608 and the Resource
Couservation and Recovery Act (ReRA) metals, as well as temperature, ph, and
conductivity,
Secured groundwater samples were packed on ice and transpOlted to STL EnvirOlllllental
Laboratories for analysis, All test results were found below the natural attenuation
Default source 10 ug/I, therefore, no mediation is required,
F, Cultural Resources
The Florida Departl11ent of State Division of Historical Resources (SHPO) was contactcd
regarding the potential of any historical or cultural resources occuring in the project
vicinity, SHPO was also contacted to request a detennination of the need for a cultural
resource asseSSl11el1t. According to SHPO, no cultural resources are know to exist in the
area of potential effect, therefore no cultural resources will bc affected by lhis project.
See Attaclmlel1t 2 for SHPO c01TeSpol1dence,
7
Agenda Item No, 17H
June 12, 2007
Page 110 of 210
IV. RECOMMENDATIONS
A, Vegetative Communities
The site currently has very little existing native vegetation due to past disturbances.
According to 3,9,5.4(C) of the Collier County Land Developl11ent Code, for sites cleared
prior to January 2003, Collier County requires documentation that the parcel is in
col11pliance with the 10 year rezone limitation previously identified in the Growth
Managel11ent Plan and Land Development Code, Aerials show that the site had been
cleared and used as agriculture since at least 1993 (Figures 4 through 6),
Environl11eutal Services reviewed the couuty land alteration pelmits that were previously
issued for Doria's Landscaping, In November 1987, an agricultural clearing permit was
issued for the two southern parcels, However, as shown on the agricultural permit site
plan, three preserve areas were to remain in place, These preserve areas have beeu
cleared without a permit in the recent past. Collier County will require 100 percent of the
impacted preserve areas to be re-created on the propelty, Based on the site plan for
Doria's Landscaping, this al110unls to approximately 3.3 acres,
In addition, the nOlthem parcel was also cleared without a permit. We have tabulated the
acreage of nativc habitat on placc in thc 1975 acrials to calculate thc requircd prcscrvc
requirements, The acreage amounts to approximately 3,2 acres. Collicr County will
require that at least 25 percent (approximately 0,85 acre) of this area be re-created as a
preserve area, 1n summary, a total of approximately 4,15 acres of preserve is required to
be recreated, A total of 4.15 acres of native habitat will be recreated and will be
connected with the Bucks Run preserve area, located on the parcel to the south.
Vegetation used for the native habitat recreation will vary depending on habitat type
created, Within the upland recreation areas, typical vegetation may include slash pine
(Pinus elliottii), cabbage palm (Sabal palmetto), saw palmetto (Sere/lOa repens), beauty
belTY (Callicarpa arnericana), and wild coffee (Psychotria nervosa), Within the forested
wetland recreation areas, typical vegetation may include bald cypress (Taxodlurn
dlstlchum), sweet bay (Magnolia virginiana), pond apple (Annona glabra), leather fern
(Acrostichum spp,), and royal fern (Osmunda regalis),
B, Listed Species
No listed plant species regulated by FDACS as Threatened or Endangered were observed
on the property,
No listed animal species were identified on the property, A letter from FFWCC stated
that the project area is located within a J:ilorida panther strategic habitat conservation area,
Because of the development surrounding the project site and the condition of the habitat
located on the project site, it is not likely that this species utilizes the site or will be
affected by the proposed proj ect.
8
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Ipage 111 of210
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I June 12, 2007
,Page 112 of 210
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1996 Aerial Map
Collier Boulevard Parcel
Collier COl.lnty, Florida
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i,i,~ ENVIRONMENTAL:! Collier Boulevard Parcel
il SERVfCES, INC. Ii Collier County, Florida
,-~:=.:::=~~=:....::.::==_-::..-.:::.-:==.:'.L::"::--:::::::::-:::=:-;-.:=,,.-,:;::::-~~ .-:::=7:_:::::---------;:,;--:-~":__,:::::;..;;:.:=:c.c;::=.__::-,~=:.:_..:..__=_---=-:...________
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Agenda Item No, 17H
June 12. 2007
Page 114 of 210
C, Wetlands
No wetlands considered jurisdictional by SFWMD or CE were observed on the property,
D, Soil aud Ground Water Testiug
Based on the physical site assessment and analytical laboratory results, soil test results
were found in compliance with state and county standards, In addition, all test results for
ground water contamination were fouud below the natural attenuation default source 10
ug/I, therefore, no mediation is required,
12
Agenda Item No, 17H
June 12, 2007
Page 115 of 210
REFERENCES
Florida Department of Agriculture and Consumer Services, Division of Plant Industry, April
2004, Preservation of Native Flora of Florida, Chapter 5B-40,0055, FlOlida Administrative
Code,
FIOlida Department of Transportation, 1999. Florida Land Use, Cover and Forms Classification
Systems Handbook. Tallahassee, Florida, 91 p.
Florida Fish and Wildlife Conservation Commission, 2004. Florida's Endangered Species,
Threatened Species and Species of Special Concern, Official Lists, Tallahassee, Florida,
Florida Natural Areas Inventory and Florida Depaltment of Natural Resources, 1990, Guide to
the Natural Communities of Florida, 111 p,
Gilbert K" ], Tobe, R. Cantrell, M. Sweeley and J. Cooper. 1995, The Florida Wetlands
Delineation Manual. The Florida Departl11ent of Envirol1l11entaJ Protection, South Florida
Water Management District, St. .Io1ms River Water Management District, Suwannee River
Water Management District, and Northwest Florida Water Management District. 197 p,
U, S, Department of Agriculture, Soil Conservation Service, 1998, Soil Survey of Collier
County Area, Florida, 152 p, -I- maps,
USAE Waterways Experiment Station Environmental Laboratory, 1987, Corps of Engineers
Wetlands Delineation Manual, Tec111lical Report Y-87-1, US Army Corps of Engincers
Waterways Experiment Station, Vicksburg, Miss,
13
MOH5-2002 HO~ 11: 38 At!
FAX NO,
Agenda Item No, 17H
June 12, 2007
p,P'l0fS16 of 21 0
..
Department of
Environmental Protection
Jo~ aush
Gov4rnor
South DI*I'1
P,O, !l(Jx 25~9
Fort Myers. Florld~ 33902.2549
Oavld B, SIt.hl
Socrotaf)'
SUBMERGED LANDS AND ENVIRONMEN'I'AL RESOURCE PROGRAM
ltN'VlRONMEN'l'A1, IUGSOURCE PEnMl'I'
CIlRTIFIBD MAIL NO, 7002 04600001 7873 4597
RETURN RECEIPl' REQUES1'ED
PERMITTmUAUTHORIZED ENTITY:
South l1lolicln Water Mnul\gemolll District
c/o Mourn Morh!
South Florida Wilier Mallagement District
3301 Glln Club Rd
West PalM BElich Florida 33406
PO~B~~:~tumbel':
~.0180859.001
~~ ; CIO 01'11,2002
Explrallon Dnte of Construction Phnse:
Ootob~r II, 2007 '
County: Collier
Project; Widening of the C,R, 951 Cnnnl
This penllills Issued under tho authority of Part N of Chnpter 373, :PJorillll Statutes (F,S,),
and Title 6:;l, Florida Administrative Code (F,A.C,), The activity Is not exempt from tho
requirement to obtnln 011 Environmenlal ResOlll'ce Permit, Punmnnt to Opernting Agl'cements
executed between the DepMtmellt and the Wllter mnllnscment dlstl'lcts, 119 reforeneed in Chapter 62.
113', F,A.C., the Oepartmenlls responsible for reviewing and tnldng final agency acllon on this
activity,
This pcrmlt also constitutes certification complillllco with wator qualily slandards lindeI'
SeeU01l401 oflho Clelin Wntel' Ael,:33 U.S,C, 1341.
The Title llud Land Records Scction, Department of Environmental Protection, has reviewed '
, tho locnllon of tho I>roposed I'l'Ojeot as deserlbed ill the above referenced nppllentioll and has
delennlncd that tho project, as described, docs not Involve the \ISe of sovereign submerged lands,
--., '''--' ,,1~c.~~i.~I!.!~i'~I?I'l~!!!!'~' alIUl.~~j~~'~'~l,~!L~~9.I!!!E..~.!!:0\!!!J~!L~tt~~r~I.!;.I!!!g~.~!!.~_'--'1""--" '"
nllvlronmen\n L<CSOllrecs l'I'ogrl\l11, (oslgnatcd agent to tIC Boart 01 UlIstocs or tho Inte1'lln
Improvement Trust Fund. purSlIlInltQ Chapter 253,77. p,S,
"More Protr:Gtlon, ll,)$$ .ProceM"
Prlnre4 on r<<rd.4 P'P'",
NOV-25-2002 MON 11:38 AM
FAX NO,
Agenda Item No, 17H
June 12, 2007
pF~'1H70f210
tlermiJ'!cc: St)ulb Ploridll Waler M~lla!lQlllent Distriot
Permit No, II-OI80859.00!
Psgo 2 of 12
^ copy of this lluthoriZlltlon also hils been seut to the U,S, Anny Corps of Engln~ers
(USACOl3) for roviow, Thu USACOE may require a scparntB permit, Failure to obtain this
allthorlzntlon prior to cOllstmotion oould subject YOll to enforcement neliotl by the USACOB, YOIl
arc hereby advised th.1t aUlhorl?.atlons also may be required by othor federal, state and local entitles,
'111Is nlllhor[~ation doos Jlot relillve yonlrom tho requlremellts to obtahl all othcr rcquired permits
and authorlzatlons. '
Tho nbove namod Permlttco is hercby aUlhorized to eonstmct tho work shown on the
application find approved drawlng(s), plan8 and other doeillllents attached hereto or on file wJth the
Depfirtment and lunde n pnrt hereof, This JlHmltls sllbj~etto file limits, condlllons, and t .19
Gonernl mllll -18 Specific Conlllllons, wltlel. al'c a bhtdlng lllll't orthls permit. You are
advised to rond nnd understand thOBO drawings and conditiolls pdQI' to cOlllmcncing the authorized
activities, and to enSure tlto work is conducted In cOllforlllanCe with all the terms, conditlollS and
drawings, {fYOtl arc IltlHzing a contractor, the contractor also should read and understand these
drawings and conditions prior to cOlnmcnclng thc authori7.ed actlvltles, Failure to comply with aU
drawhlSs and contlHlens shall constitute grounds for revocation of the permit and appropriate
enforcement actiOlI.
Operntlon of the fneility is not authorized eKccpt when determined to be In conformance
with allllpptlcAblo rulos and wlrh the general al\d specific conditions of this
pormlt/oertlfication/authorlzatloll, ns speeificnlly describe(1 bolow,
ACTIVITY DESCRIPTIONt
The project is to widen find deepen tho nOl1hernmosltwo mites of the existing County Rond 951
borrow cnnal, The project consists ofthe following: (1) removal ofllinc existing clllwl't crossings,
(2) IllslaUntioll of eight of bridges crossings, (3) the conslnlClioll orono now waleI' control structure
Y.mlle north of the eallal confluence with the Oolden Oate Malll Canal, And (4) the InSinUation of
approximately 6,554 oubic yards ot'riprap, Allapproximato total of38,OOO cubic Yllrds ofmnterJnl
is proposed to be romoved and dcposited on the west bank of the oxlstlng canal to create a borrn
wlth no retul'lI ofwnter to the canal. The created bern\ will have 1\ minimulll crest elevation of 15
N,Q,V,D" sido slopes of 3 horizontal to 1 vertical, and n top width of 15ft. The resulting cnnal will
have a eonslslel1t bottolll width of approximately 30 1\,. sido slopes of2 horizonml to 1 vertical, and
a bottom elevation varying from 6,5 N,O,V.D. to 7.4 N,Q,V,D, The project proposes to impact .57
ac (25,000 sq, ft,) ofwctJands and other stir/ace waters.
ACTIVITY LOCATION:,
Loentcd within the along tho "lISterll :;jd~ ofCoulIty Rond 951 (C.R, 951), from the intersectIon of
Imlllokatee Road (C,R, 846) and C.R. 95 I traveling south approximately 2,0 miles to Vanderbilt
"" '" "...'..."_.Win,c~~!~_~~,~?!,~?~!.l,~r._C_?;~!llr.I, ~~C.!!~ll,S"~?,'~. ~,?lXo.~~~,~!!IJ;)~,~~_~"~?,~J!~!thl,,I!!~!.!ll~,f..?Jl~.\!,.Q.I,~.~J!!,_.,,,,_........
aters '
NOV-25-2002 MON 11:38 AM
FAX NO,
Agenda Item No, 17H
June 12, 2007
f.Cl!jI.fjH8 of 210
Portn\lIeci Sl/lIlh llh'ridll Water Manngemcnt District
PcrmitNo.II.0180859.1)01
Pase 3 of!?;
Gl\:M:RAL CONDITIONS:
\, All activities l\uthOr11.ed by thIs permit shall b<l implemented lIS set forlh In Ull) pl~lIs,
specificllllolls ami performance criteria lIS approved by this pCI'ffilt, Any devlatlotl from tIle
pormltted activity lllId tho conditions ('Or \mdertukll\g !hut activity ~htlll COllstliute II violation ofthis
pormlt and n violation of Part FOIIl' of Chnpler 373, Florida Stntutcs (F.S.).
2, This pennit or a copy thereof, cOlllplete with all cOlldltlons, Ilttachmcnts, exhlhlts, and
modlficntions shall bc kept at the work sito of the permitted nctlvity, The complete perm!! lhall be
available for review nt the work site upon rtlLjllest by tho Department staff. The permtttec shull
req\llrc tho contractor to review the cl1mploto permit prlol' to commcnoemont ol thu lIuUvlty
oulllOrizcd by this pcnnlt.
3, Aotivitles approved by this permit shall be conducted in a munller, which does not couse
violations of stole water quality standards, 'fho permiUeu shnlllmplement best monagemenl
practices for erosion and POlllltiOl\ control to provcnt violMtons of slate water quality stundonls,
Temporary crosiml conlrol shall be lmplemun1ed prior to and during construction, and permanent
control measures shull be completed within seven (7) duys of any eonstrucllOll aetlvlty. Turbidity
barriers shllll be instoIled and malntnlncd at nlllocntions where the possibllity oftransfcrrlng
sllspcnded solids into the receiving woterb<l(ly exists duo (0 the pennitled work, T\lrbidity barriers
shall remahl In place at allloentlons \mtU cOlIslnletiollls completed IIml solis al'O slablli~ed OIld
vogotation has beon established. All practices shall be in neeordance with the g\lidellnos ami
spocll1entlons described In Chapter Six oftl\e Florida LOl\(l Development Mnnunl; A Guide to
Sound Land nnd Watcr Management (Department of Enviror\tIlontnl Regulatioll, (988), \1I11e33 a
project-spocifie el'Osi<l1l and sediment control plun is approved as part of tho, permit, Thereafter tho
permittee sholl be respollslble for the relllovnl oflha barriers, The permIttee shall correct nllY
erosi<ln or shonling thal causes adv<lrse Impacts to the water resources,
.
4. The permittee shnll Milt')' the Deparll\'\l)nt of the nntic!pnted construction starl dato within
thirty (30) dnys of the dnte that this permit is Issued, At lenst rorty.olght (48) hl/l1rB pr!orto
eommencement oithc nellvlt)' authorized by this permit, the pormlttee shall submit 10 the
Department an "l1nvironmentnl Resource Pcnnlt COnstruction Commencement" notleo (Fonn No.
62-343.900(3), Florida Administrative Code (F.A.C.)) indicating the nct\lalstart dato and expeeted
oompletion dalO, ' ,
S. When Ihe duralloll of eonstmctioll wllJ exceed ono year, the penuittce shall submit
cOl1stmcllon status reporls to tho Department on an annual bMlsutili1.il1g an "Annual Sin IllS Report
Form" (Porm No. 62-343,900(4), F.A.C,), Status ReporlFonus shall he submitted the follewlng "
Jlme 0 f each yom,
".."..:...>~"..,w...."'.I~~~.llttl~!6!'I~fl!:!f.~~I~)~~~r~~.~~~,J.?~p.!~~~~!}..~,!!~!IIS!r~11cl~~.!~2~!~~!::,~m~~~}!~!4!!!?'..:.,.._.._,,-,
permit eo sna au m t II WI' !ten statement o. comp,euen one oer llcallon 0')' II rog181<lWU
professional engineer or other opprl/priate individual as autherized by lnw utill1.lng thc supplied
"[lllvlremnentnl Resource I)ermlt As.nullt Certlflcatloll by a Reglslered Professional" (110:01 No.
62-343.900(5), F.A.C.), The Statemenl or completion and certification shall be based on oll.site
NOV-25-2002 MaN 11:39 AM
FAX NO,
Agenda Item No, 17H
June 12, 2007
f.aB~/11f of 21 0
..
I'm'mllleo: So,nlh Florida Wntor i\1nnngomcl\t Dbtricl
Pormlt No, 11-0180859.00 I
Paso 1\ of 12
observation of construction or reviow of as-built drawings for tho purposo of determining if the
work was completed in compliance with permitted plans and speeltlcatlons. This submittal shall
serve to notify tho Departmcnttltat thc system is roady for inspection, Additionally, If doviations
from the approved drawings aro dlseovctcd during the certtfiCtltlon process, the certification must
be accompanied by 1\ copy of the approved perlllil drawings with deviations 1I0te, Doth Iho orIginal
and rovlsed speolfications mtlst be elearly show/), Tho plnns mtlst be cloarly laboled as "as.buill" or
"1'eCOI\I" drawing, All surveyed dimensions and elevations shall be certified by a registered
Slll'Vcyor,
7, The operatioll phase of this permit shall not become effective: untlllhe permittee has
complied with the requirements of eomllllOllnumber six (6) abovo, has sllbmltted n "Ilequost fOl'
Transfer of Environmental Resource Permit Constrnctlon Phase to Operation Phaso" (Form
, 62--343,900(7), I<'.A,C.); tho Department determines tho system to be In compliance with the '
permitted plnns IIntl speoifications; 8mllho entity approved by the Department III accordal\ce with
Sectiolls 9.0 and 10,0 of the llasis of Review for Environmental Resollrce Permit Applications
WithIn the Sonth Floricln Wllter Mnnagclllcnt Dlstrict..August 19!15, accepts responsibility ror
operation and maintenaneo of the system, The pemlit shalt not Ill) Iran,~ferred to snch approved
operation and mointellOnce eullty tllltll the operation ,phase of the permit becomes effective,
Followhlg Inspeetlon and approval of the pCl'lllllted systell1 by the Departmont, the pCnllittce shftll
initiate transfer of permit 10 the approved responsiblc operation entity if different from the
pcnnitleo. Until the permit Is transferred pursuant to Scction62-343. 110(1)(d), l1.A.C" tho
permittee shall be liable tor compliance with the terms of the permit.
11, Each phase or indepcndont portIon oflhe pcnniUed system Olllst be completed in
accordance with lhe permiued plftns and permit conditions prlor to the initiation of the permitled use
of sito infi'oolrncturo located within tho at'Cll served by Ihat portion or pllMe oflhe system. lJaeh
plmse or independcm portion ofth\l systelJl must hyeompleted In accordunce with tho pefmlltcd
plans and permit conditions prior to transfcr of responsibility for operation and maintenance of the
phaso or portion oflhc systcm to a local gOYel'llmcnt or olher l'espollsiblo entily,
9. For those systems that will bo ojlemted or lllilintnlncd by an cntlty that will require an
casement or dced rostriotlon in order to cnable that ontlty to operato or mlllntllln the systcm In
conformance with this permit, such casemeut or deed restl'lotlon must be reoorded lnlhe public
records ami submilted 10 the Departmonl nloilS with nny olhol' finlll operation and malntonanoe
documents required by Seotions 9,0 omllO,O of the BlIsls of Review for Envlronmelltal Resource
Permit Applications WUhhl the South Florida Watet' Management District..A11llusl 1995, prior to
lot or unit sales or prior to the completIon of the system, whichever occurs first, Other doculIlents
,.,colleoll1ingtheestablishmcnt and authority of the operation eutitYlllust,bc filedwtlh the Secrotsry,
orSlllte whcro npproprlato. For thoso SystolllS, which nre proposed to be mnlntajn~d by the county
or m\mieipnl cntitics, IImll operation and maintenance documents m\~~t be received by the
,-"_..~,,.,.....q,~PITa~,~c.nl(~"~he~,,~,~!!,1Itre11~~~,~.~<!2f.er!';i ~!Il '~r~"~~?"si:~lt~!~,ilsl,~~~:P!~~!xQ:~_!?lie!!:L~~Y=~~~,.,_,_'".....,..._,,'~
ent y, "1\ lire to Sllum lie appropfllltc .1011 "OClllllen S WI resu[( In hte perm Ilee TCmlunmll
liable tor carrying cut maintenance and operation of the ponnilled system and allY other pennit
condl!iolls.
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Agenda Item No, 17H
June 12,2007
Page 141 of 210
BOXWOOD PUD
29.69 Acres
Water Management Report
for
Rezone purposes
By:
Hole Montes
950 Encore Way
Naples, FL 34110
Jerry C, Neal, PE 26646
HM Authorization # 1772
June, 2006
.
Agenda Item No, 17H
June 12, 2007
Page 142 of 210
BOXWOOD PUD
Narrative
The subject 29,69 acre Boxwood POD property is a RESIDENTIAL POO and is located
in the northeastern quadrant ofVauderbilt Beach Road and County Road 951. This site is
located about V. mile north of Vanderbilt Beach Road on the east side ofCR-951, We are
applying for a constmction permit for the entire site,
The site is located adjacent to the CR-951 Canal which is maintained by SFWMD BeB.
According to Ananta Nath, a ncw weir will be installed at Vanderbilt Beach Road and the
top of gate elevation will be 12.5. The BCB will maintain the upstream water level at
12,5 before, during, and after each storm event by adjusting the gate, He stated the
WSWT and control elevation is 12,5 NGVD, The tail water design is elevation 12,5
throughout the computer ruu,
PROPOSED: The stolln water l11anagement system is 26 +/- acres will drain to the front
lake, The control structure will be located in the front lake and discharge to the CR-951
Canal.
The overall site percentagc of impervious surfaces in the proposed plan is calculated to be
50.38% ,
LAND USE (29,69 ac)
Items Areas %
Roof 5.57 18,76%
Pavement 2,93 9.87%
Drive way VI 9,12% pervlOUS= 14,73 ac = 49,62%
Concrete/way 1.80 6,07%
fA1ke 1.89 6.37% impelvious= 14,96 ac = 50.38%
Preserve 4.15 13,98%
Pool 0,06 0,20%
Grass/open 10,58 35,64%
Total Site 29,69 100%
The preliminary 25-year 3-day calculations were assumed that the site is one watershed
basin; therefore, the total lake volume was used as the site storage volume,
OPEN SPACE = 60 %,
WATER USE: A water use pellnit will be obtained from SFWMD for ill'igation,
DEWATERING: No dewatering planned for the digging of the lakes,
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950 Encore Way
Naples, FL. 34110
Phone: (239} 254~200(}
Florida Certificate Qf
Authorization No.1772
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Page 143 of 21
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WATERSHED (26,58 ac)
Items
%
Areas
Roof
Pavement
Drive way
Concrete/way
Lake
Preserve
Pool
Grass/open
5.57
2,93
2,71
l.80
1.89
2.46
0,06
9,16
20,96%
11.02%
10.19%
6,78%
7,11%
9.26%
0.23%
34.46%
Total Site
26,58
100%
Pl'oposed entire site:
Percent of site pervious = 14,73 ac/29,69 ac = 49,62 %
Percent of site impervious = 14,96 ac/29,69 ac= 50.38 %
Soil Storal?:e (Lake Side slopes 0.45 ac)
14.4 = average grade = (12.5 + 16.3)/2
12.5 = control elevation
1,9 = storage depth
From Chart on page E-3 Figure E-l
1.7 = inches cumulated available storage (1,9 depth to WSWT)
0,03= inches of soil storage (0.45 ac pervious /29,69 ac total x 1.7 inches)
CN = 1000/ (0,03+ 10) = 99,69
Soil Storal?:e (Outer slope pel'imeter berm 1.43 ac)
14.5 = average grade (12,7 + 16.3)/2
12,5 = control elevation
2,0 = storage depth
From Chart on page E-3 Figure E-l
1.8 = inches cumnlated available storage (2,0 depth to WSWT)
0,09 = inches of soil storage (1.43 ac pervious /29,69 ac total x 1.8 inches)
CN = 1000/ (0,09 + 10) = 99,14
Agenda Item No, 17H
June 12, 2007
Page 145 of 210
Soil
Area Storage
..-
ac inches
0.45 0.03
1.43 0,09
129 0.07
8,70 2.46
11.87 2.65
Soil Storal!e (Preserve berm slopes 1.29 ac)
14.4 = average grade (12.5 + 16,3)12
125 = control elevation
1.9 = storage depth
From Chart on page E-3 Figure E-l
1.7 = inches cumulated available storage (1.9 depth to WSWT)
0,07 = inches of soil storage (1.29 ac pervious 129,69 ac total x L7 inches)
CN = 10001 (0,07 + 10) = 99,27
Soil Storaee (yards 8,7 ac)
16,7 = average grade = (16.3 + 17,1)12
12.5 = control elevation
side slopes
4.2 = storage depth
Frol11 Chart on page E-3 Figure E- 1
8.4 = inches cumulated available storage (4,2 depth to WSWT)
2.46 = inches of soil storage (8.7 ac pervious 129,69 ac total x 8.4 inches)
CN = 10001 (2.46 + 10) = 80,25
SOIL STORAGE SUMMARY
Location
Lake side slope
Outer side perimeter berm
Preserve bemls slope
Yard
Total Pervious
Agenda Item No, 17H
June 12, 2007
Page 146 of 210
Agenda Item No, 17H
June 12, 2007
Page 147 of210
Water Quality
First one inch treatmeut for the site 29,69 acres
Site area (29,69 acres) x 1.0 inches / 12 = 2.47 AF
2,5 Inches x % Imllervious (Assumed)
= Development site area - (water surface + roof)
= 29,69 acres - (1.89 ac + 5,57 ac)
= 22.23 acres for water quality perviOLls/impervious
= 22.23 ac- pervious
= 22,23 ac - 14,73 ac
= 7.5 ac impervious for water quality
= 7.5 ac /22.23 ac
= 33,73 % impervious
= 2,5 inches x % impervious
= 2,5 inches x 0.3373
= 0,84 inches to be treated
= inches to be treated x (dev site -lake)
= 0,84 inches x (29,69 ac - 1.89 ac) x (1.0 feetl 12 inches)
= 1.95 ac-ft required detention storage
The required volume of storage is = 2.47 AF x 150% = 3.71 AF
Water quality elevation for entire system starts at control elcvation 12,5
The water quality volume is met at elevation 14.4 NGVD (3,71 AF)
WAlER QUAUTY
18
16
1.
12
10 l-+--N3Vol
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2
1,0;) 2.00 3.00 4.00 5.00 6.00 1.00 8.00 9.00 10.00
LAJ<E VOLlAVE (AF)
Agenda Item No, 17H
June 12, 2007
Page 148 of 21 0
STAGE - STORAGE VOLUMES (AF)
Control elevation = 12,5
ELEVATION LAKE PRESERVE SUE TOTAL
--.---------.- ~------------ -,.---------- -------~- -------,--
12.5 0,00 0,00 0,00 0,00
-,------,----~-,'- ----------- --,--'_.._------ ----~----- -----..-.-
13 0,96 0.81 0.00 1.77
---------,--_..,--- ------------- -~--,-_.._.._--- -------.------- ,--------..--
14 2,95 2,72 0,00 5,67
--_.~---~-_. --"'"----_. ------------- ----.--------- -------.------ --------
15 5,04 5,01 0,00 10,04
..---..-..----- "-'''---'--'- ----_._..~_....~_..-- ---~,---_._-_. ---_._----- ~-_.-
16 7,22 7,66 0,00 14,88
--------...-.------ ---.-----...-.--. .__._---_._- ---------" _.__._------_.~>--
17 9,52 10.67 7.45 27.64
--
Discharge
Allowable
0,15 cfs/acre = allowable discharge per pemlit SFWMD BCB
4.46 cfs = 0, 15 cfs/ac x 29,69 acres
Coutrol Structure
Bleeder =
Rectangular-Notch, Invert Elevation = 12,5 ft NOVD, Top Elevation =
12,75 ft NOVD, Width = 0.58 ft.
Sharp Crested, Crest Elevation = 15ft NOVD, Length = 1.3 ft.
Diameter = 24" RCP, Manning's n = 0.012, Length = 80 ft.
Weir =
Pipe =
Tall Water Iufo:
Pel' Ananta Nath, SFWMD BCB, the tail water will remain at elevation 12,5 because they
will be maintaining that water level by adjusting the weir gate at Vanderbilt Beach Road.
Agenda Item No, 17H
June 12, 2007
Page 149 of210
Tc = Time of Couceutration:
It was assumed the time of concentration will be 0,78 hours
5 minutes
5 minutes
7 minutes
30 minutes
= roof
= grass yard
= street at 0.5 Ips @ 200 If
= pipe at 1.2 fps @ 2150 If
47 minutcs
0,78 hours
= total travel time
~ total traveltime
Summary Computer Run
Watershed: 26,58 acres
Ground Storage: 2,65 inches
Time of concentration: 0,78 h
Initial Stage: 12,5 ft NGVD
-
EVENT ELEVATION DISCHARGE
--------------------~---- ---~-------- ----
--~-_._-------_.._-----~--_._- -, .. -~_._--_._-------------,-- "----------------------------------
10 years I-days 14,65 0,99
-.. -------,----_._------,+._----,---_._--~--- -.---------.---.-
---------.'---"._--_. - ._-----~~-- ---------~
_____,___22~a.~~}.:2~___" 1 5,84 4.38
__________________~_____.____u____.. -----------.---.------.-
-- ---.--..------------.-------------.-.... ...----_. --.---
100 years 3-days 16,7 0,00
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Agenda Item No, 17H
June 12, 2007
Page 152 of 210
BOXWOOD PUD
10 - YEARS
1- DAY
June, 2006
Agenda Item No, 17H
June 12, 2007
Page 153 01210
Page 1
Cascade 2001 Version 1.0
File: sonialO Date: June 21, 2006
Project Name: Boxwood
Reviewer: sonia
Project Number: 2004112
Period Begin: Jun 21, 2006jUOOO hr End: Jul 12, 2006;0000 hr Duration: 504 hr
Time Step: 0.2 hr, Iterations: 10
Basin 1: basin-l
Method: Santa Barbara unit Hydrograph
Rainfall Distribution: SFWMD - 24 hr
Design Frequency: 10 year
1 Day Rainfall: 6.7 inches
Area: 26.58 acres
Ground Storage: 2.65 inches
Time of Concentration: 0.78 hours
Initial Stage: 12.5 ft NGVD
Stage
(ft NGVDI
Storage
(acre-ft)
12,50
13,00
14,00
15,00
16,00
17,00
0,00
1. 77
S.U?
10,04
14 ,8B
27,G4
Offsite Receiving Body: Offsitel
Time
Ihr)
Stage
(ft NGVDI
0,00
600,00
12,50
12,50
Structure: 1
From Basin: basin-l
TO Basin: Offsitel
Structure Type: Gravity
weir: Sharp Crested,
Bleeder: Rect-Notch,
Width = 0,58 [t
Default Coefs: Weir Coef ~ 3.13,
Pipe: Diameter = 2 ft, Manning's
US Invert Elev = 6 ft NGVD, D$
Crest Elev ~ 15 ft NGVD, Length = 1.3 ft
Invert Elev ~ 12.5 ft NGVD, Top Elev = 14.75 ft NGVD
Orifice
n"" 0.012,
Invort Elev
Coef = 0.6
Length =: 80 ft
= 6 it NGVD,
no flap gate
Time
(hr)
ClUTlulative
Rainfall
(in)
Instant
Runoff
(ds)
Current
Discharge
lefs)
Cumulative
Discharge
(acre-ft.:)
Head Water
Stage
(ft NGVD)
Tail Water
stage
(ft NGVD)
------------------ .-.-..-------------------------------.--------------------------
--------------------------------------..----------------------------------------
0,00 0,00 0,00 0,00 0,00 12,50 12,50
1. 00 0,07 0,00 0,00 0,00 12,50 12.50
2,00 0,13 0,00 0,00 0,00 12,50 12,50
3,00 0,21 0,00 0,00 0,00 12,50 12.50
4.00 0.30 0,00 0,00 0.00 12,50 12,50
5,00 0,42 0,00 0,00 0,00 12,50 12,50
6,00 0,56 0,01 0,00 0,00 12,50 12,50
7,00 0,72 0,29 0,00 0,00 12,50 12,50
8,00 0,92 0,83 0,00 0,00 12,52 12.50
9,00 1. 15 1.59 0,02 0.00 12.54 12,50
10,00 1. 43 2,67 0,05 0,00 12,59 12.50
11,00 1. 80 4.57 0,13 0,01 12,67 12.50
12,00 4,40 46,88 0,46 0,04 13,06 12,50
13,00 5.14 24,16 0,75 0,09 13,78 12.50
14,00 5,48 12,31 0,85 0,16 14.12 12,50
15.00 5,70 7,01 0.90 0,23 14,28 12,50
Agenda Item No, 17H
Cascade 2001 version 1.0 June 12. 2007
File: sonialO Date: 21, 2006 Page 154 of 210
JunB Page 2
Cumulative Insta.nt Current Cumulative Head Water Tail Water
Time Rainfall Runoff Discharge Discharge Stage Stage
Ihrl (inl (efs) (cts) (acre-ft) 1ft NGVD) (ft NGVD)
~~~~=~=======================================================:=================
16,00 5,90 5,40 0,92 0,31 14,37 12,50
17,00 6,02 3,58 0,94 0,38 14,44 12,50
18,00 6,14 3,09 0,95 0,46 14,48 12,50
19,00 6,26 2,95 0,96 0,54 14,52 12,50
20,00 6,38 2,92 0,97 0,62 14,56 12,50
21.00 6,46 2,22 0,98 0,70 14,59 12,50
22,00 6,54 2,03 0,98 0,78 14,61 12,50
23.00 6,62 1. 97 0,99 0,86 14,63 12,50
24,00 6,70 1. 96 0,99 0,95 14,65 12,50
25,00 6,70 0,54 0,99 1.03 14,65 12.50
26,00 6,70 0,15 0.99 1.11 14,64 12,50
27,00 6,70 0,04 0.99 1.19 14,62 12.50
28,00 6,70 0,01 0,98 1.27 14,60 12,50
29,00 6,70 0,00 0,98 1. 35 14,5B 12.50
30,00 6.70 0,00 0,97 1. 43 14,56 12.50
31. 00 6.70 0,00 0,97 1. 51 14,54 12,50
32,00 6,70 0,00 0,96 1. 59 14.53 12,50
33,00 6,70 0,00 0,96 1.67 14. 51 12,50
34.00 6,70 0,00 0,95 1. 75 14,49 12,50
35.00 6.7() 0,00 0,95 1. 83 14,47 12,50
36.00 6,70 0,00 0,94 1.91 14,45 12,50
37,00 6,70 0,00 0,94 1. 99 14,44 12,50
38,00 6,70 0,00 0,94 2,06 14 ,42 12,50
39,00 6,70 0,00 0,93 2.14 14,40 12,50
40,00 6,70 0,00 0,93 2.22 14,38 12,50
41. 00 6,70 0,00 0,92 2,29 14.37 12,50
42,00 6,70 0,00 0,92 2,37 14,35 12,50
43,00 6,70 0,00 0,91 2,45 14,33 12,50
44. 00 6,70 0,00 0,91 2.52 14,31 12,50
45,00 6,70 0.00 0,90 2,60 14,30 12,50
46,00 6,70 0,00 0,90 2,67 14.28 12,50
47,00 6,70 0,00 0,89 2,74 14,26 12,50
4B,00 6,70 0,00 0,89 2,82 14,25 12,50
49,00 6,70 0,00 0.88 2,89 14,23 12.50
50,00 6,70 0.00 O,BB 2,96 14,21 12,50
51. 00 6,70 0,00 O,BB 3,04 14,20 12,50
52.00 6,70 0,00 0,87 3,11 14,lB 12,50
53,00 6,70 0,00 0.87 3,18 14,16 12,50
54,00 6,70 0,00 0,86 3,25 14.15 12,50
55,00 6,70 0,00 0,86 3,32 14,13 12,50
56,00 6,70 0,00 O,B5 3,39 14,11 12,50
57,00 6,70 0,00 0,85 3,46 14,10 12,50
5B,00 6,70 0,00 0,84 3,53 14,OB 12.50
59,00 6,70 0,00 0,84 3,60 14,07 12,50
60,00 6,70 0,00 0,83 3,67 14,05 12,50
61. 00 6,70 0,00 0,83 3.74 14,04 12,50
62.00 6.70 0,00 0,82 3,B1 14.02 12.50
63.00 6,70 0,00 0,82 3,88 14,00 12,50
64,00 6,70 0,00 0,81 3,94 13.99 12.50
65,00 6,70 0,00 0,81 4,01 13,97 12.50
66,00 6.70 0,00 0.80 4,08 13,95 12,50
67.00 6,70 0,00 0,80 4,14 13,94 12,50
6B.00 6,70 0,00 0,79 4,21 13,92 12,50
69,00 6,70 0,00 0,79 4.28 13.90 12.50
70.00 6,70 0,00 0,78 4,34 13,B9 12,50
71.00 6,70 0,00 0.78 4,41 13,87 12,50
72,00 6,70 0,00 0,77 4,4'7 13.85 12,50
73,00 6,70 0,00 0.77 4,53 13,B4 12,50
74,00 6,70 0,00 0,76 4,60 13,82 12,50
75,00 6,70 0,00 0,76 4,66 13,80 12,50
76,00 6.70 0,00 0,75 4,72 13,79 12,50
77.00 6,70 0,00 0,75 4,78 13,77 12,50
78,00 6.70 0,00 0,74 4,84 13,76 12,50
79,00 6,70 0,00 0,74 4.91 13,74 12.50
80.00 6.70 0,00 0,73 4,97 13,72 12,50
81,00 6,70 0,00 0.73 5,03 13,71 12 ,50
Agenda Item No, 17H
Cascade 2001 Version 1.0 June 12, 2007
Page 155 of210
File: sonialO Date: June 21. 2006 Page 3
._-----~_.
Cumulative Instant CUl.-rent Cumulative Head WateL- Tail Water
'rime Rainfall Runoff Discharge Discharge Stage Stage
(hr) (in) (ds) (ds) (acre - f t) (ft NGVD) 1ft NGVD)
--------------------. ----------------------------------------------------------
-----------------------------------------------.--------------------------------
82,00 6,70 0,00 0,72 5,09 13,69 12,50
83,00 6,70 0,00 0,72 5,15 13,66 12,50
84,00 6,70 0,00 0,71 5,21 13 ,66 12,50
85,00 6,70 0,00 0,71 5,26 13 ,65 12,50
86,00 6,70 0,00 0,'/0 5,32 13,63 12,50
87,00 6,70 0.00 0,70 5,36 13 ,62 12.50
88,00 6,70 0,00 0,69 5.44 13 ,60 12,50
89,00 6.70 0,00 0,69 5,49 13,59 12,50
90,00 6,70 0,00 0,66 5,55 13,58 12,50
91.00 6.70 0,00 0,66 5,61 13,56 12,50
92,00 6,70 0,00 0,67 5,66 13,55 12,50
93,00 6,70 0,00 0,67 5.72 13.53 12,50
94,00 6,70 0,00 0,66 5,77 13,52 12.50
95.00 6,70 0,00 0,65 5,83 13,50 12,50
96,00 6,70 0.00 0,65 5.88 13,49 12,50
97,00 6,70 0,00 0,64 5,93 13 .46 12,50
98,00 6,70 0,00 0,64 5.99 13 ,46 12,50
99.00 6,70 0,00 0,63 6,04 13.45 12,50
100,00 6,70 0,00 0,63 6,09 13,44 12,50
101. 00 6.70 0,00 0,62 6,14 13.42 12,50
102,00 6,70 0,00 0,62 6,19 13,41 12,50
103,00 6,70 0,00 0,61 6,24 13,40 12,50
104,00 6,70 0,00 0.61 6,30 13,38 12 ,50
105,00 6,70 0,00 G.GO 6,35 13,37 12,50
106,00 6,70 0,00 0,60 6,39 13,36 12,50
107,00 6,70 0,00 0,59 6,44 13 ,35 12,50
106,00 6,70 0,00 0.59 6,49 13,33 12,50
109,00 6,'/0 0,00 0,58 6,54 13.32 12,50
110,00 6,70 0,00 0,58 6,59 13.31 12.50
111.00 6,70 0,00 0,57 6,64 13.30 12,50
112,00 6,70 0,00 0,57 6,68 13,28 12,50
113,00 6.70 0,00 0,56 6,73 13,27 12,50
114 ,00 6,'/0 0,00 0,56 6,78 13,26 12,50
115,00 6,70 0,00 0,55 6,82 13.25 12.50
116,00 6,70 0,00 0,55 6,87 13,24 12,50
117,00 6,'/0 0,00 0,54 6,91 13.~3 12,50
116,00 6,70 0,00 0,54 6,96 13,21 12,50
119,00 6,70 0,00 0,53 7,00 13,20 12,50
120,00 6,70 0.00 0,53 ",04 13,19 12,50
121,00 6,70 0,00 0.52 7,09 13 ,18 12,50
122,00 6,70 0.00 0,52 7,13 13,17 12,50
123,00 6,70 0,00 0,51 7,17 13,16 12.50
124,00 6,70 0,00 0,50 7.21 13.15 12,50
125,00 6,70 0,00 0,50 7,26 13,14 12,50
126,00 6,70 0,00 0,49 7,30 13,13 12.50
127,00 6,70 0.00 0,49 7,34 13,12 12,50
128,00 6,70 0,00 0,48 7,38 13,11 12,50
129,00 6.70 0,00 0,48 7,42 13 ,10 12,50
130,00 6,70 0,00 0,47 7,46 13,09 12,50
131. 00 6,70 0,00 0,47 7.50 13,08 12,50
132,00 6,70 0.00 0,46 7,53 13,07 12,50
13 3,00 6,70 0,00 0,46 7,5'1 13,06 12,50
134,00 6,70 0,00 0,45 7,61 13,05 12,50
135,00 6,70 0,00 0,45 7,65 13,04 12,50
13 6,00 6.70 0,00 0,44 7,68 13,03 12.50
137,00 6,70 0,00 0,44 7,72 13.02 12,50
13 8,00 6,70 0,00 0,43 7.76 13 .01 12.50
139.00 6,70 0,00 0,43 7,79 13.00 12,50
140,00 6,70 0,00 0,42 7,83 12,99 12,50
141,00 6,70 0,00 0,42 7,86 12,98 12,50
142,00 6,70 0,00 0,41 7,90 12.97 12,50
143,00 6,70 0,00 0,40 7,93 12,96 12,50
144,00 6,70 0,00 0,40 7.96 12,95 12,50
145,00 6.70 0,00 0.39 8,00 12,94 12,50
146,00 6.70 0,00 0,39 8,03 12,93 12,50
147,00 6,70 0,00 0,38 8,06 12,92 12,50
Agenda Item No, 17H
Cascade Version 1.0 June 12, 2007
2001 Page 156 of 210
File: sonialO Date: June 21, 2006 Page 4
Cumulative Instant Current Cumulative Head Water Tail \-Iater
Time Rainfall Runoff Discharge Discharge Stage Stage
(hr) (in) (ds) (cfs) (acre-ft) (ft NGVDI (ft NGVD)
=============================================~=~===============================
t4B,00 6,70 0,00 O,3B 8,09 12,92 12,50
149,00 6,70 0,00 0,37 8,12 12,91 12.50
150,00 6,70 0,00 0.36 8,15 12,90 12,50
151. 00 6,70 0,00 0,36 8,18 12,89 12,50
152,00 6,70 0,00 0,35 B.21 12,B8 12,50
153,00 6,70 0,00 0,35 B,24 12,87 12.50
154,00 6.70 0,00 0,34 B,27 12,87 12,50
155,00 6,70 0,00 0,34 B,30 12,86 12,50
156,00 6,70 0,00 0,33 B,32 12,85 12.50
157,00 6,70 0,00 0,33 8.35 12,84 12,50
158,00 6,70 0,00 0,32 B,3B 12,83 12,50
159,00 6.70 0,00 0,31 B,40 12,B3 12,50
160,00 6.70 0,00 0,31 B,43 12, B2 12,50
161,00 6.70 0.00 0.30 8,45 12,81 12.50
162.00 6.70 0.00 0.30 8,48 12,81 12.50
163,00 6.70 0,00 0,29 8,50 12,BO 12,50
164,00 6,70 0,00 0,29 8,53 12,79 12,50
165.00 6,70 0,00 0,28 8,55 12,79 12,50
166,00 6,70 0,00 0,27 8,57 12,78 12,50
167,00 6,70 0.00 0,27 8,60 12,77 12.50
168,00 6,70 0,00 0,26 8,62 12,77 12,50
169,00 6,70 0,00 0,26 8,64 12,76 12,50
170.00 6,70 0,00 0.25 8,66 12,75 12,50
171,00 6.70 0,00 0,23 8,68 12,75 12,50
172,00 6,70 0.00 0,22 8,70 12,74 12,50
173,00 6,70 0,00 0,21 8,72 12,74 12,50
174,00 6,70 0,00 0.21 8,73 12,73 12,00
175.00 6,70 0,00 0,20 8,75 12,73 12,50
176,00 6,70 0,00 0,19 8,77 12,72 12,50
177,00 6,70 0,00 0,19 8,78 12,72 12,50
178,00 6,70 0,00 0,18 8,80 12,72 12,50
179,00 6,'/0 0,00 0,18 8,81 12,71 12,50
180,00 6,70 0,00 0.17 8,83 12,71 12.50
181.00 6,70 0,00 0.17 8,84 12,70 12,50
182 .00 6,70 0,00 0.16 8,85 12,70 12,50
183 , 00 6,70 0,00 0,16 8,87 12,70 12,50
184,00 6,70 0,00 0,15 8,88 12,69 12,50
185.00 6,70 0,00 0,15 8,89 12,69 12,50
186,00 6,70 0,00 0,14 8.90 12,69 12.50
187,00 6.70 0,00 0,14 8,92 12,68 12,50
188,00 6,70 0,00 0,14 8,93 12.68 12.50
189.00 6,70 0.00 0,13 8,94 12.68 12.50
190,00 6,70 0,00 0,13 8.95 12,67 12,50
191. 00 6,70 0,00 0,13 8.96 12,67 12.50
192.00 6,70 0.00 0,12 8,97 12,67 12,50
193,00 6,70 0,00 0.12 8,98 12 .66 12,50
194,00 6,70 0.00 0,12 8,99 12,66 12,50
195,00 6,70 0,00 0,11 9,00 12,66 12,50
196,00 6,70 0,00 0,11 9,01 12,66 12,50
197,00 6. 70 0,00 0,11 9,02 12,65 12,50
198,00 6,70 0,00 0,11 9,03 12,65 12,50
199,00 6,70 0,00 0,10 9,04 12,65 12,50
200,00 6,70 0,00 0,10 9.04 12.65 12.50
201.00 6,70 0.00 0,10 9,05 12,64 12.50
202,00 6.70 0,00 0,10 9,06 12,64 12,50
203,00 6,70 0,00 0,09 9,07 12,64 12,50
204.00 6.70 0,00 0.09 9.00 12,64 12,50
205,00 6,70 0,00 0,09 9,08 12,63 12,50
206,00 6,70 0,00 0,09 9,09 12,63 12.50
207,00 6.70 0,00 0,09 9,10 12.63 12,50
208,00 6.70 0,00 0,08 9.10 12,63 12,50
209,00 6,70 0,00 0,08 9,11 12,63 12,50
210,00 6.70 0.00 0,08 9,12 12,62 12.50
211. 00 6,70 0,00 0,08 9,12 12,62 12,50
212,00 6,70 0,00 0,08 9,13 12,62 12.50
213 ,00 6.70 0,00 0,07 9,14 12,62 12,50
Agenda Item No, 17H
Cascade 2001 Version 1.0 June 12, 2007
Page 157 of 210
Fi.le: sonialD Date: June 21, 2006 Page 5
._-....~-_..-
Cumulative Instant Current Cumulative Head Water Tail Water
Time Rainfall Runoff [lischarge Discharge Stage Stage
(hr) (in) Idsl Ids) (acre-ft) (ft NOVD) 1ft NOVD)
-------------------------------------------------------------------------------
-------------------------------------------------.-..---------,-------------------
214,00 6,70 0,00 0,0'1 9,14 12,62 12,50
215,UO 6,70 0,00 0,07 9,15 12.62 12,50
216,00 6,70 0,00 0,0'1 9,15 12,61 12.50
217,00 6,70 0,00 0,07 9,16 12,61 12,50
218.00 6.70 0,00 0,07 9,17 12,61 12,50
219,00 6,70 0,00 0,07 9,17 12,61 12,50
220,00 6,70 0,00 0,06 9,18 12,61 12,50
221,00 6,'/0 O,UO 0.06 9,18 12,61 12,50
222,00 6.70 0,00 0,06 9.19 12,61 12.50
223,00 6,70 0,00 0,06 9,19 12,60 12,50
224,00 6,70 0,00 0,06 9,20 12,60 12,50
225,00 6,70 0,00 0.06 9,20 12,60 12,50
226,00 6,70 0,00 0,06 9.21 12,60 12,50
227,OU 6,70 0,00 0,06 9.21 12,60 12,50
228,00 6,70 0,00 0,05 9,22 12,60 12,50
229,00 6,'/0 O,UO 0,05 9.22 12,60 12,50
230,00 6,70 0,00 0,05 9,22 12,59 12.50
231,00 6,70 0,00 0,05 9,23 12,59 12,50
232,00 6.'10 0,00 0,05 9,23 12,59 12.50
233,00 6,70 0,00 0,05 9,24 12,59 12,50
234,00 6,70 0,00 0,05 ~,24 12,59 12,50
235,00 6,7U 0,00 0,05 9.25 12,59 12.50
236,00 6,70 0,00 0,05 9,25 12,59 12,50
237,00 6,70 (),OO 0,05 9,25 12,59 12,50
238,00 6,70 0,00 0.05 9,26 12.59 12.50
239.00 6.70 0,00 0,04 9.26 12,58 12,50
240,00 6,70 0,00 0,04 9,26 1.2,58 12,50
241. 00 6.70 0,00 0,04 9,27 12,58 12,50
242,00 6,70 0,00 0,04 9,27 12,58 12,50
243,00 6,70 0,00 0,04 9,28 12.58 12.50
244,00 6.70 0,00 0,04 9,28 1.2.58 12.50
245,00 6,70 0,00 0,04 9,7.8 U,58 1?-,50
?46,00 6,70 0.00 0,04 9,28 12,58 1.2,50
247.00 6,70 0,00 0,04 9.29 1.2,58 12,50
248,00 6,70 0,00 0,04 9,29 12,58 1.2,50
249,00 6,70 0,00 0,04 9,29 12,57 1.2,50
250,00 6,70 0,00 0,04 9.30 1.2,5'1 12,50
251.00 u,70 0,00 0,04 9,30 12.57 1.2,50
252.00 6,70 0,00 0.04 9,30 12,57 12,50
253,00 6,70 0,00 0,03 9,31 12,57 12.50
254,00 6,70 0,00 0,03 9,3l 12,57 12.50
255,00 6,70 0.00 0,03 9,3l 12,57 12,50
256,00 6, '10 0,00 0,03 9,31 12.57 12,50
257,00 6,70 0,00 0,03 9,32 12.57 12,50
258,00 6,70 0,00 0,03 9,32 12,5'1 12,50
259,00 6,70 0,00 0,03 9,32 1.2,57 12,50
260,00 6,70 0,00 0,03 9,33 12.57 12,50
261.00 6,70 0,00 0,03 9,33 12,5'1 1.2,50
262,00 6,70 0,00 0,03 9,33 1.2,56 1.2,50
263,00 6,70 0,00 0,03 9,33 12.56 12,50
264,00 6,70 0,00 0,03 9,33 12.56 12 ,50
265,00 6,70 0,00 0,03 9,34 12,56 1.2 ,50
266,00 6, '{O 0,00 0.03 9,34 1.2.56 12,50
267,00 6,70 0,00 0,03 9,34 l2,56 1.2,50
268,00 6,70 0,00 0,03 9,34 12,56 12,50
269,00 6,70 0,00 0,03 9,35 12.56 12,50
270,00 6,70 0,00 0,03 9,35 1.2,56 1.2,50
271,00 6,'/0 0,00 0,03 9,35 1.2,56 12,50
272,00 6.70 0,00 0,03 9.35 1.2.56 1.2,50
273,00 6,70 0,00 0.03 9.35 12,56 12,50
274,00 6, '/0 0,00 0,02 9.36 12.56 12,50
275,00 6,70 0,00 0,02 9,36 12,56 1.2,50
276,00 6,70 0,00 0,02 9,36 12,56 12,50
277 ,00 6,70 0,00 0,02 9,36 1.2,56 12,50
278,00 6, '10 0.00 0,02 9,36 12,55 12,50
279,00 6,70 0,00 0,02 9,37 12,55 12.50
Agenda Item No, 17H
Cascade 2001 Version 1.0 June 12, 2007
Page 158 01210
lo'ile: sonialO Date: June 21, 2006 Page 6
--~-~
Cumulative Instant Current Cumulative Head Wa.ter Tail Water
Time Rainfall Runoff Discharge Discharge Stage Stage
(hr) (in) (ds) (eEs) (acre- f t) 1ft NGVD) (ft NGVDl
------------------------------------------.-----------_......-.-.--..__..----------.---
-------------------------------------------------------------------------------
280,00 6,70 0,00 0,02 9,37 12,55 12.50
281. 00 6,70 0.00 0,02 9,3'1 12,55 12,50
282,00 6,70 0,00 0,02 9,37 12,55 12,50
283,00 6,'10 0.00 0,02 9,37 12,55 12,50
284,00 6.70 0,00 0,02 9.38 12.55 12.50
285.00 6,70 0,00 0,02 9.38 12,55 12,50
286,00 6,'10 0,00 0,02 9,38 l?,55 l?,50
2 87 ,00 6,70 0,00 0.02 9,38 12,55 12,50
288,00 6.70 0,00 0,02 9,38 12,55 12,50
289,00 6.70 0,00 0,02 9,38 12,55 12,50
290,00 6,70 0,00 0,02 9,39 12,55 12,50
291. 00 6,70 0.00 0,02 9,39 12,55 12,50
292 ,00 6,70 0,00 0,02 9.39 12.55 12.50
293 , 00 6,70 0,00 0,02 9,39 12,55 12,50
294,00 6,70 0,00 0.02 9,39 12 ,55 12,50
295.00 6,70 0,00 0,02 9.39 12,55 12.50
296.00 6.70 0,00 0,02 9,~0 12,55 12,50
297,00 6,70 0.00 0,02 9.~0 12,55 12,50
298.00 6,70 0,00 0.02 9.40 12,55 12,50
299,00 6,70 0,00 0,02 9,40 12,5~ 12,50
300,00 6,70 0,00 0,02 9.40 12,54 12,50
301.00 6,70 0,00 0.02 9,40 12.54 12.50
302,00 6,70 0,00 0.02 9.40 12.54 12,50
303,00 6,70 0,00 0.02 9.41 12,54 12,50
304,00 6,70 0,00 0,02 9,41 12,54 12,50
305,00 6,70 0.00 0,02 9,41 12,54 12,50
306,00 6, '10 0,00 0.02 9,41 12,54 12.50
307,00 6,70 0,00 0,02 9,41 12.54 12,50
308,00 6,70 0,00 0.02 9,41 12.54 12.50
309,00 6,70 0,00 0,02 9,41 12,54 12,50
310,00 6,70 0,00 0,01 9,41 12.54 12.50
311. 00 6,70 0.00 0,01 9,42 12,54 12.50
312,00 6,70 0,00 0,01 9,42 12,54 12,50
313 ,00 6,70 0,00 0,01 9.42 12,54 12,50
314,00 6,70 0,00 0,01 9,42 12,54 12.50
315,00 6,70 0,00 0,01 9,42 12,54 12,50
316,00 6,70 0,00 0.01 9,42 12,54 12.50
317,00 6,70 0,00 0.01 9,42 12.54 12,50
318,00 6,70 0,00 0,01 9.42 12.54 12,50
319,00 6.70 0,00 0,01 9.42 12.54 12.50
320,00 6,70 0.00 0,01 9.43 12 ,54 12,50
321.00 6,70 0,00 0,01 9,43 17..54 12.50
322,00 6,70 0,00 0,01 9,43 12,54 12,50
323,00 6,70 0.00 0,01 9,43 12,54 12,50
324,00 6.70 0.00 0,01 9,43 12,54 12,50
325,00 6,70 0,00 0,01 9,43 12,54 12.50
326,00 6,70 0,00 0,01 9.43 12,54 12,50
327,00 6,70 0,00 0,01 9.43 12,54 12.50
328,00 6,70 0,00 0,01 9,43 12.54 12,50
329,00 6,70 0,00 0,01 9,44 12,53 12,50
330,00 6,70 0,00 0,01 9,44 12,53 12,50
331,00 6,70 0.00 0,01 9,44 12,53 12,50
332,00 6,70 0,00 0,01 9,44 12,53 12,50
333,00 6.70 0,00 0,01 9,44 12,53 12.50
334,00 6,70 0,00 0.01 9.44 12,53 12,50
335,00 6,70 0,00 0.01 9,44 12.53 12,50
336,00 6,70 0,00 0,01 9,44 12,53 12,50
337.00 6,70 0,00 0,01 9,44 12.53 12.50
338,00 6,70 0.00 0,01 9,44 12,53 12,50
339,00 6,70 0,00 0,01 9,44 12.53 12,50
340,00 6,70 0,00 0,01 9.45 12,53 12.50
341. 00 6,70 0,00 0,01 9,45 12,53 12,50
342,00 6,70 0,00 0,01 9,45 12,53 12,50
343,00 6,70 0,00 0,01 9,45 12.53 12,50
344.00 6,70 0,00 0,01 9,45 12,53 12,50
345,00 6,70 0.00 0,01 9,45 12.53 12.50
Agenda Item No, 17H
June 12, 2007
Cascade 2001 Version 1.0 Page 159 of 210
File: sonialO Date: June 21, 2006 Page 7
Cumulative Instant Current Cumulative Head Water Tail Water
Time Rainfall Runoff Discharge Discharge Stage Stage
(hrl (in) Icfs) (cfs) (acre-ft) 1ft NGVD) (ft NGVDI
~==============~======;==================================================~=====
346,00 6,70 0,00 0,01 9,45 12,53 12.50
347,00 6,70 0,00 0,01 9,45 12,53 12.50
348,00 6,70 0,00 0,01 9,45 12,53 12,50
349,00 6.70 0,00 0,01 9,45 12,53 12,50
350.00 6,70 0,00 0,01 9,45 12,53 12,50
351.00 6.70 0,00 0,01 9,~5 12,53 12,50
352,00 6,70 0,00 0,01 9,45 12,53 12 ,50
353,00 6,70 0,00 0,01 9.46 12,53 12,50
354,00 6,70 0,00 0,01 9,46 12,53 12,50
355,00 6,70 0,00 0,01 9,46 12,53 12.50
356,00 6,70 0,00 0,01 9,46 12,53 12,50
357,00 6,70 0,00 0,01 9,46 12,53 12,50
358,00 6,70 0,00 0,01 9,46 12,53 12.50
359.00 6,70 0,00 0,01 9,46 12,53 12,50
360,00 6,70 0,00 0,01 9,46 12.53 12,50
361. 00 6,70 0,00 0,01 9,46 12,53 12,50
362,00 6,70 0,00 0,01 9,46 12,53 12,5Q
363,00 6,70 0,00 0,01 9,46 12.53 12,50
364,00 6,70 0,00 0,01 9.46 12,53 12,50
365,00 6,70 0,00 0,01 9,46 12,53 12.50
366,00 6,70 0,00 0,01 9,46 12.S3 12,50
367,00 6,70 0,00 0,01 9,47 12,53 12,50
368,00 6,70 0,00 0,01 9,47 12,53 12,50
369,00 6,70 0,00 0,01 9,47 12.53 12,50
370,00 6,70 0,00 0,01 9,47 12,53 12,50
371.00 6,70 0,00 0,01 9,47 12,53 l7.,50
372,00 6,70 0,00 0,01 9,47 12,53 12,50
373,00 6,70 0,00 0,01 9,47 12,53 12,50
374,00 6,70 0,00 0,01 9,47 12,53 12.50
375,00 6,70 0,00 0,01 9,47 12,52 12,50
376,00 6, ')0 0,00 0,01 9,47 12,52 12 ,50
3TI.OO 6,70 0,00 0,01 9,47 12,52 12,50
378,00 6,70 0,00 0,01 9,47 12,52 12,50
379,00 5,70 0,00 0,01 9,47 12,52 12,50
380,00 6,70 0,00 0,01 9,47 12,52 12,50
381. 00 6,70 0,00 0,01 9,47 12,52 12,50
382,00 6,70 0,00 0,01 9,47 12,52 12,50
383,00 6,70 0,00 0,01 9,47 12,52 12,50
384,00 6,"10 0,00 0,01 9,48 12.52 12.50
385,00 6,70 0,00 0,01 9,48 12.52 12,50
386.00 6,70 0,00 0,01 9,48 12,52 12,50
387,00 6,70 0,00 0,01 9,48 12,52 12,50
388,00 6,70 0,00 0,01 9.48 12,52 12,50
389,00 6,70 0,00 0,01 9.48 12,52 12,50
390,00 6,70 0,00 0,01 9,48 12,52 12,50
391. 00 6,70 0,00 0,01 9,48 12,52 12.50
392,00 6,70 0,00 0,01 9,48 12,52 12,50
393,00 6,70 0,00 0,01 9.48 12,52 12,50
394,00 6,70 0,00 0,01 9,48 12,52 12,50
195,00 6,70 0,00 0,01 9,48 12,52 12,50
396,00 6,70 0,00 0,01 9,48 12,52 12,50
397,00 6,70 0,00 0,01 9,48 12,52 12,50
398,00 6,70 0,00 0,01 9.48 12,52 12,50
399,00 6,70 0,00 0,01 9,18 12,52 12.50
400,00 6,70 0,00 0,01 9,48 12,52 12,50
401. 00 6,70 0,00 0,01 9,48 12,52 12,50
402,00 6,70 0,00 0,01 9,48 12,52 12,50
403,00 6,70 0,00 0,01 9,48 12,52 12,50
404,00 6,70 0,00 0,01 9,49 12,52 12,50
405,00 6,70 0,00 0,01 9,49 12,52 12,50
406,00 6,70 0,00 0,01 9,49 12,52 12,50
407,00 6,70 0,00 0,01 9,49 12,52 12,50
408,00 6, '10 0.00 0,01 9,49 12,52 12,50
409.00 6,70 0,00 0,01 9,49 12,52 12,50
410,00 6,70 0,00 0,01 9,49 12,52 12,50
411,00 6,70 0,00 0,01 9.49 12.52 12,50
Agenda Item No, 17H
June 12, 2007
Cascade 2001 Version 1.0 Page 160 of 210
t"ile: sonialO Date: June 21, 2006 .page 8
----_._---- ~-~--,---
Cumulative Instant Current Cumulative Head Water Tail vlater
Time Rainfall Runoff Discharge Discharge Stage Stage
(hr) (in) (eEs) (eEs) (acre-ft) (ft NGVD) (ft NGVD)
---------------------------------------------------------------~---------------
--------------------~----------------------------------------------------------
412,00 6.70 0,00 0,01 9,49 12,52 12,50
413,00 6,70 0,00 0.01 9.49 12,52 12,50
414,00 6,70 0,00 0,00 9.49 12,52 12,50
415,00 6,70 0,00 0,00 9,49 12,52 12,50
416,00 6,70 0,00 0.00 9,49 12,52 12,50
417,00 6,70 0,00 0,00 9,49 12.52 12,50
418,00 6,70 0.00 0,00 9,49 12,52 12.50
419,00 6.70 0.00 0,00 9,49 12,52 12,50
420,00 6,70 0,00 0,00 9,49 12.52 12,50
421. 00 6,70 0,00 0,00 9.49 12,52 12,50
422,00 6.70 0,00 0,00 9,49 12,52 12,50
423,00 6,70 0,00 0,00 9,49 12,52 12,50
424,00 6,70 0,00 0,00 9,49 12,52 12.50
425,00 6,70 0,00 0,00 9.49 12.52 12.50
426,00 6,70 0,00 0,00 9.49 12,52 12.50
427,00 6,70 0,00 0,00 9,49 12.52 12,50
428,00 6,70 0,00 0,00 9,49 12,52 12,50
429,00 6,70 0,00 0,00 9,50 12.52 12,50
430,00 6,70 0,00 0,00 9.50 12,52 12,50
431.00 6,70 0.00 0,00 9,50 12,52 12,50
432.00 6,70 0,00 0,00 9,50 12,52 12,50
433,00 6.70 0,00 0,00 9,50 12,52 12,50
434.00 6,70 0,00 0,00 9,50 12,52 12,50
435,00 6,70 0,00 0,00 9,50 12,52 12,50
436.00 6,70 0,00 0,00 9,50 12.52 12.50
437,00 6.70 0,00 0,00 9,50 12,52 12.50
438,00 6,70 0,00 0,00 9.50 12,52 12,50
439,00 6,70 0,00 0,00 9.50 12,52 12,50
440,00 6,70 0,00 0,00 9.50 12,52 12,50
441. 00 6,70 0,00 0,00 9,50 12.52 12.50
442,00 6,70 0.00 0,00 9,50 12,52 12.50
443,00 6,70 0,00 0,00 9,50 12,52 12,50
444,00 6,70 0,00 0,00 9.50 12,52 12,50
445,00 6,70 0,00 0,00 9,50 12,52 12,50
446,00 6,70 0,00 0,00 9,50 12,52 12,50
447,00 6,70 0,00 0,00 9,50 12.52 12.50
448,00 6,70 0,00 0,00 9,50 12.52 12,50
449,00 6,70 0,00 0,00 9.50 12.52 12,50
450,00 6,70 0,00 0,00 9,50 12,52 12,50
451. 00 6,70 0,00 0.00 9,50 12,52 12,50
452,00 6,70 0,00 0,00 9,50 12,52 12,50
453,00 6,70 0,00 0.00 9,50 12,52 12,50
454,00 6,70 0,00 0,00 9,SO 12,52 12.50
455.00 6,70 0,00 0,00 9,50 12,52 12,50
456,00 6.70 0.00 0,00 9,50 12,52 12,50
457,00 6,70 0,00 0,00 9,50 12.52 12,50
458.00 6,70 0,00 0,00 9,50 12,52 12,50
459,00 6,70 0,00 0,00 9,50 12,52 12.50
460,00 6,70 0,00 0.00 9,51 12,52 12,50
461,00 6,70 0,00 0,00 9,51 12,52 12,50
462,00 6,70 0,00 0,00 9.51 12,51 12,50
463,00 6,70 0.00 0,00 9,51 12,51 12.50
464,00 6.70 0,00 0,00 9,51 12,51 12,50
465,00 6,70 0,00 0,00 9.51 12.51 12 ,50
466,00 6,70 0,00 0,00 9,51 12,51 12,50
467,00 6,70 0,00 0,00 9.51 12,51 12,50
468,00 6,70 0,00 0,00 9,51 12,51 12.50
469,00 6,70 0,00 0,00 9,51 12_51 12,50
470,00 6,70 0,00 0,00 9,51 12.51 12,50
471. 00 6,70 0,00 0,00 9,51 12,51 12,50
472,00 6,70 0,00 0,00 9,51 12,51 12,50
473,00 6,70 0,00 0,00 9,51 12,51 12,50
474,00 6,70 0,00 0,00 9.51 12,51 12,50
475,00 6,70 0,00 0,00 9,51 12,51 12.50
476,00 6,70 0,00 0,00 9,51 12,51 12,50
477.00 6,70 0,00 0,00 9,51 12,51 12,50
Cascade 2001 Version 1.0
File: sonialO Date: June 21, 2006
Agenda Item No, 17H
June 12, 2007
Page1610f210
Page 9
Time
(hr)
Cumulative
Rainfall
(in)
Instant
Runoff
(cfsl
Current
Discharge
{cts}
Cumulative
Discharge
(acre-ft)
Head Water
Stage
(ft NGVD)
Tail Wator
Stage
1ft NGVD)
----------------------------------~--------------------------------------------
----------------------------------------------------------------.~._-------------
478,00 6, '10 0,00 0,00 9,51 12,51 12,50
479,OD 6,70 0,00 0,00 9,51 12,51 12,50
480,00 6.70 0,00 0,00 9,51 12,51 12.50
481. 00 6,70 0,00 0,00 9.51 12,51 12.50
482,00 6,70 0,00 0,00 9.51 12,51 12.50
483,00 6,70 0,00 0,00 9,51 12,51 12,50
484,00 6,70 0.00 0,00 9,51 12,51 12,50
485,00 6,70 0.00 0,00 9,51 12.51 12,50
486,00 6,70 0,00 0,00 9,51 12,51 12,50
487,00 6,70 0,00 0,00 9.51 12,51 12,50
488,00 6,70 0,00 0,00 9,51 12.51 12,50
489,00 6,70 0,00 0.00 9,51 12,51 12,50
490,00 6,70 0,00 0,00 9,51 12,51 12,50
491. 00 6,70 0.00 0,00 9.51 12,51 12,50
492,00 6.70 0,00 0,00 9.51 12,51 12,50
493,00 6,70 0,00 0,00 9,51 12,51 12,50
494,00 6,70 0,00 0,00 9.51 12,51 12,50
495,00 6, '10 0,00 0,00 9,51 12,51 12,50
496,00 6,70 0,00 0,00 9.51 12.51 12,50
497,00 6,70 0,00 0,00 9,51 12,51 12,50
498,00 6, '10 0,00 0,00 9,51 12,51 12,50
499,00 6,70 0,00 0,00 9,51 12,51 12,50
500,00 6,70 0,00 0,00 9,51 12,51 12,50
501.00 6,70 0,00 0.00 9.51 12.51 12,50
502 ,00 6,70 0,00 0,00 9.52 12.51 12,50
503.00 6,70 0,00 0,00 9,52 12,51 12,50
504,00 6,70 0,00 0,00 9,52 12.51 12,50
STRUCTURE MAXIMUM AND MINIMUM DISClrnRGES
-------------------------------------------------------
----------------------------.---------------------------
St.r:uc Max (cfs) Time (hr) Min (cfs) Time (hr)
---------------------------------------------------..---
-------------------------------------------------------
1
0,99
24,60
0,00
0,00
BASIN MAXIMUM AND MINIMUM STAGES
===~~~============================~~~========~=================
Basin
Max ([tl
Time (hr)
Min (ft)
Time (hr)
--------------_._----~------------------------------------------
--.-------------------------------------------....----------------
basin-l
14,65
24,60
12.50
0,00
BASIN WATER BUDGETS (all units in acre-Eel
==~===================~======================================~==========~========
Basin
'total
Runoff
Structure
Inflow
Structure
Outflow
Initial
Storage
Final
Storage
Residual
=================~========================0======================================
basin-1
9,56
0,00
9,51
0.00
0,04
0,00
Agenda Item No, 17H
June 12, 2007
Page 162of210
BOXWOOD PUD
25 - YEARS
3- DAYS
June, 2006
Cascade 2001 Version 1.0
File: sonia25 Date: June 21, 2006
Agenda Item No, 17H
June 12, 2007
Page 163 of 210
Page 1
Project Name: Boxwood
Reviewer: Sonia
Project Number: 2004112
Period Oegin; Jun 21, 2006;0000 hr End: Jul 12, 2006;0000 hr Duration: 504 hr
Time Step: 0.2 hr, Ite3:"ations: 40
Basin 1: basin-l
Method: Santa Barbara Unit Hydrograph
Rainfall Distribution: ~FWMD - 3day
Oesign Frequency: 25 year
3 Day Rainfall: 11 inches
Area: 26.56 acres
Ground Storage: 2.65 inches
Time of Concentration: 0.78 hours
Initial Stago: 12.5 ft NGVD
Stage
(ft NCVD)
Storage
(acre-ft)
12,50
13 ,00
14,00
15,00
16,00
17 ,00
0,00
1.77
5,67
10,04
14,88
27,64
Offsite Receiving Body: Offsite
Time
(hr)
Stage
(ft NGVD)
0,00
600,00
12,50
12,50
Structure: 1
From Basin: basin~1
To Basin: Offsite
Structure Type: Gravity
Weir: Sharp Crested,
Bleeder: Rect-Notch,
Width = 0,58 ft
Default coefs: Weir Coef = 3.13,
Pipe: Diameter = 2 ft, Manning's
US Invert Elev = 6 ft NGVD, DS
Crest Elev = 15 ft NGVD, Length = 1,3 it
Invert Elev = 12,5 ft NGVD, Top ~lev = 12.75 ft NGVD
Orifice Coef = 0,6
n = 0,012, Length 80 ft
Invert Elev = 6 ft NGVD,
no flap gate
Time
(hr)
Cumulative
Rainfall
(in)
Instant
Runoff
(cfsf
Cu rren t
Discharge
(cEsl
Ctunulative
Discharge
(acre-ft)
Head Water
Stage
(ft NGVD)
Tail Water
Stage
(ft NGVDI
- -- -- - --- --- -- - --- --- - - --- -- - - - -~. - -- - ---- -- - ----- - - -- ---- ---- - - --- -- --- --."._----
-----------------------------------------------------.-----.-.------------------------
0,00 0,00 0,00 0,00 0,00 12,50 12,50
1.00 0,05 0,00 0.00 0,00 12,50 12,50
2,00 0,10 0,00 0,00 0,00 12,50 12,50
3,00 0,15 0,00 0,00 0,00 12,50 12,50
4,00 0,20 0,00 0,00 0,00 12,50 12,50
5.00 0,25 0,00 0,00 0,00 12,50 12,50
6,00 0,30 0,00 0,00 0,00 12,50 12,50
7,00 0,34 0,00 0,00 0,00 12,50 12,50
8,00 0,39 0,00 0,00 0,00 12,50 12,50
9,00 0,44 0,00 0,00 0,00 12,50 12,50
10,00 0,49 0,00 0,00 0,00 12,50 12,50
11 ,00 0,54 0,00 0,00 0,00 12,50 12,50
12,00 0,59 0,03 0,00 0,00 12,50 12,50
13,00 0,64 0,07 0,00 0,00 12,50 12,50
14,00 0,69 0,11 0,00 0,00 12,50 12,50
15,00 0.74 0,15 0,00 0,00 12,51 12,50
Agenda Item No, 17H
June 12, 2007
cascade 2001 Version 1.0 Page 164 of 210
File: sonia25 Date: June 21, 2006 page 2
--...
Cumula t i ve Instant Current CumulativE! Head Water Tail Water
Time Rainfall Runoff Discharge Discharge Stage Stage
(hr) (in) Idsl (dB) (acre-ft) lEt NGVDI 1ft NGVD)
-------------------------------------------------------------------------------
--------------------------------------------------------------------,-----------
16,00 0,79 0,19 0,00 0,00 12,51 12.50
17,00 0.84 0,23 0,00 0,00 12,52 12,50
18,00 0,89 0,27 0,01 0,00 12,52 12,50
19,00 0,94 0,30 0,01 0,00 12.53 12.50
20.00 0,98 0,33 0,01 0,00 12,53 12,50
21.00 1. 03 0,36 0,02 0,00 12.54 12,50
22 ,00 1. 08 0.39 0,02 0,01 12,55 12,50
23,00 1.13 0,42 0,03 0,01 12,56 12.50
24,00 1,18 0.45 0,03 U,Ol 12,57 12,50
25,00 1.25 0,64 0,04 0,01 12,58 12,50
26,00 1. 33 0,73 0,05 0,02 12,60 12,50
27,00 1.40 0,79 0.07 O,U2 12,61 12,50
28,00 1.47 0,84 0.09 0,03 12,63 12,50
29,00 1. 54 0,88 0,10 0.04 12,65 12,50
30,00 1.61 0,92 0,12 0,05 12,67 12,50
31,00 1. 68 0,96 0,15 0,06 12.69 12,50
32.00 1. 76 1. 00 0,17 0,07 12.70 12,50
33,00 1. 83 1. 03 0,19 0,09 12,'/2 12,50
34,00 1. 90 1. 06 0,22 0,10 12,74 12,50
35,00 1. 97 1. 09 0,26 0,12 12,76 12,50
36,00 2,04 1.12 0.28 O.l5 12,78 12,50
37,00 2,12 1.15 0,29 0,17 12.80 12.50
38,00 2.19 1.18 0,31 0,19 12,82 12,50
39,00 2,26 1. 20 0.33 0,22 12,84 12,50
40,00 2,33 1. 22 0,)4 0,25 12,86 12,50
41. 00 2,40 1. 25 0,36 0,28 12.88 12,50
42,00 2.47 1. 27 0,37 0,)1 12.91 12,50
43,00 2,55 1. 29 0,38 0,34 12,93 12.50
44.00 2,62 1. 31 0.40 0,37 12,95 12,50
45,00 2,69 1. 33 0,41 0,40 12,97 12,50
46,00 2,76 1. 34 0.42 0,44 12,99 12,50
47,00 2,83 1. 36 0,43 0,47 13,01 12,50
48,00 2,91 1. 38 0,44 0,51 13,03 12,50
49,00 2,99 1. 52 0.46 0,55 13,05 12.50
50,00 3,07 1. 58 0,47 0,59 13 .08 12,50
51.00 3,16 1.84 0,48 0,63 13 ,10 12,50
52,00 3,27 2,08 0,50 0,67 13,13 12,50
53,00 3.41 2,65 0,52 0,71 13 ,17 12 ,50
54,00 3,58 3,33 0,54 0,75 13 ,22 12,50
55.00 3,78 4,07 0,57 0,80 13,29 12,50
56,00 4,01 4,84 0,60 0,85 13,37 12,50
57,00 4,29 5,80 0,64 0,90 13 ,47 12,50
58,00 4,63 7,21 0,69 0,95 13 ,60 12,50
59,00 5.08 9,84 0,74 1. 01 13.76 12,50
60,00 8,22 70,14 0,91 1. 08 14 ,31 12,50
61. 00 9,11 34,28 1.56 1.18 15,23 12.50
62,00 9,53 16,86 3,09 1. 39 15,60 12.50
63.00 9,79 9,35 3,88 1. 69 15,75 12,50
64,00 10.03 7,07 4,25 2.03 15,82 12,50
65,00 10,17 4,65 1,38 2,39 15,84 12,50
66,00 10,32 3,98 4,37 2,75 15,84 12,50
67,00 10,47 3,80 4,32 3,11 15,83 12,50
68,00 10,61 3,75 4,27 3.46 15,82 12 ,50
69,00 10,71 2,84 4,17 3,81 15,80 12,50
70,00 10,81 2.59 4,03 4,15 15.78 12,50
71.00 10.90 2,52 3,90 4,47 15,75 12,50
72.00 11,00 2,50 3,78 4,79 15,73 12.50
73,00 11,00 0,69 3,57 5,09 15,69 12,50
74,00 11,00 0,19 3.30 5,38 15,64 12,50
75.00 11,00 0,05 3,04 5,63 15,59 12,50
76,00 11. 00 0,01 2,80 5,87 15,54 12.50
77.00 11 ,00 0,00 2,59 6,10 15,49 12,50
78,00 11.00 0,00 2,40 6.30 15.45 12,50
79,00 11,lJO 0,00 2.24 6.49 15,41 12,50
80,00 11,00 0,00 2,09 6,67 15,37 12,50
81. 00 11. 00 0,00 1.96 6,83 15,34 12.50
Agenda Item No, 17H
June 12, 2007
Cascade 2001 Version 1.0 Page 165 of 210
File: sonia25 Date: June 21, 2006 Page 3
._----~-_.
Cumulative Instant Current Curm~lative Head Water Tail Water
Time Rainfall Runoff Discharge Discharge Stage Stage
(hr) (in) (cfs) leEs) (acre.. ft) (ft NGVDJ (ft NGVD)
--------~----------------------------------------------------------------------
-------------------------------------------------------------------------------
82,00 11,00 0,00 1.34 6,99 15,31 12,50
83,00 11. 00 0,00 1.73 7,14 15,28 12,50
84,00 11,00 0,00 1. 63 7,27 15,25 12,50
85,00 11,00 0,00 1,55 7,40 15,22 12,50
86,00 11,00 0,00 1.47 7,53 15,20 12.50
87,00 11.00 0,00 1.40 7,65 15,17 12,50
88,00 11. 00 0,00 1.34 7,76 15.15 12,50
89,00 11. 00 0,00 1.28 7,87 15,13 12.50
90,00 11 ,00 0,00 1.23 7,97 15,10 12,50
91.00 11. 00 0,00 1. 19 8,07 15,08 12,50
92,00 11. 00 0,00 1.15 8,17 15.06 12,50
93,00 11,00 0,00 1.12 8,26 15,04 12,50
94,00 11.00 0.00 1.10 8,35 15,02 12.50
95.00 l1.,OO 0,00 1.08 8,44 15,01 12,50
96,00 11. 00 0,00 1.07 8,53 14,99 12,50
97.00 11,00 0,00 1.07 8,62 14,97 12,50
98,00 11. 00 0,00 1.06 8,71 14,95 12,50
99,00 11,00 0,00 1.06 8,80 14,93 12,50
100,00 11. 00 0,00 1.05 8,88 14,91 12,50
101. 00 11. 00 0,00 1. 05 8,97 14,89 12,50
102,00 11,00 0,00 1. 05 9,06 14,87 12,50
103,00 11.00 0,00 1.04 9,14 14,85 12,50
104,00 11,00 0,00 1,04 9,23 14,83 12,50
105,00 11,00 0,00 1. 03 9,31 14,81 12,50
106,00 11. 00 0,00 1,03 9,40 14,79 12,50
107.00 11. 00 0,00 1.02 9,48 14, 'J7 12,50
108,00 11,00 0,00 1. 02 9,57 14,75 12,50
109,00 11. 00 0,00 1.01 9,6' 14,73 12,50
110,00 11. 00 0,00 1. 01 9,74 14,71 12,50
111. 00 11. 00 0,00 1. 00 9,82 14,69 12.50
112,00 11. 00 0,00 1.00 9,90 14,67 12,50
113,00 11.00 0,00 0,99 9,98 14,65 12,50
114,00 11,00 0,00 0.99 10, ,n 14,64 12,50
115,00 11. 00 0,00 0,99 10.15 14,62 12,50
116,00 11,00 0,00 0,98 10,23 14,60 12,50
117,00 11,00 0,00 0,98 10.31 14,58 12,50
118,00 11,00 0,00 0,97 10,39 14.56 12,50
119,00 11.00 0,00 0,97 10,47 14,54 12,50
120,00 11 ,00 0,00 0,96 10,55 14.52 12,50
121,00 11,00 0,00 0,96 10,63 14,51 12,50
122.00 11,00 0,00 0,95 10,71 14,49 12,50
123,00 11,00 0,00 0,95 10,79 14,47 12,50
124,00 11,00 0,00 0,94 10,86 14,45 12.50
125,00 11.00 0,00 0,94 10,94 14,43 12.50
126,00 11. 00 0,00 0,93 11.02 14,42 12,50
127,00 11,00 0,00 0,93 11,10 14,40 12.50
128.00 11.00 0,00 0,93 11. 17 14,38 12.50
129,00 11.00 0,00 0,92 11. 2 5 14,36 12.50
130,00 11.00 0,00 0,92 11,32 14,35 12,50
131. 00 11.00 0,00 0,91 11.40 14,33 12.50
132,00 11,00 0,00 0,91 11.48 14,31 12,50
133,00 11,00 0,00 0,90 11.55 14.30 12.50
134,00 11,00 0,00 0,90 11.62 14,28 12,50
135,00 11.00 0,00 0,89 11,70 14,26 12,50
136,00 11,00 0,00 0,89 11. 77 14,24 12,50
137,00 11,00 0,00 0,88 11,85 14.23 12,50
138,00 11.00 0,00 0,88 11.92 14,21 12,50
139,00 11.00 0,00 0,87 11.99 14.19 12.50
140.00 11,00 0,00 0,87 12,06 14,18 12,50
141,00 11.00 0,00 0,87 12,13 14,16 12,50
142,00 11. 00 0,00 0,86 12,21 14,15 12,50
143.00 11. 00 0,00 0,86 12,28 14.13 12,50
144.00 11 ,00 0.00 0,85 12.35 14,11 12,50
145,00 11,00 0,00 0,85 12,42 14,10 12,50
146,00 11,00 0,00 0,84 12,49 14.08 12,50
147,00 1t. 00 0.00 0,84 12,56 14,06 12.50
Agenda Item No, 17H
Cascade 2001 Version 1.0 June 12, 2007
Page 166 of 210
File: sonia25 Date: June 21. 2006 Page 4
cumula.tive Instant Current Cumulative Head Water Tail Water
Time Rainfall Runoff Discharge Discharge Stage Stage
(hr) (in) (cfs) (cfs) (acreuft) 1ft NGVDJ 1ft NGVD)
- -- ---- ~ -- --~ - --- --- - - - - - ,--- - - -- - -- - ----- - - --- --- - - ~ - - --~- - -- - -- -- - - -- - - ---- ----
-------------------------------------------------------------------------------
148,00 11. 00 0.00 0,83 12 ,63 14,05 12,50
149,00 11. 00 0,00 0,83 12,69 14,03 12,50
150,00 11.00 0,00 0,82 12,76 14,02 12,50
151. 00 11,00 0,00 0,82 12,83 14,00 12,50
152,00 11,00 0,00 0,81 12,90 13,99 12,50
153,00 11.00 0,00 0,81 12,96 13,97 12,50
154,00 11. 00 0,00 0,80 13,03 13,95 12,50
155,00 11.00 0,00 0,80 13,10 13.93 12,50
156,00 11.00 0,00 0.79 13 ,16 13,92 12,50
157.00 11. 00 0,00 0.79 13,23 13,90 12.50
158,00 11,00 0,00 0,78 13 ,29 13,8B 12.50
159,00 11,00 0,00 0,7B 13 ,36 13,87 12.50
160,00 11,00 0,00 0,77 13 ,42 13, B5 12.50
161. 00 11. 00 0,00 0,77 13 ,49 13. B3 12,50
162.00 11,00 0,00 0,76 13.55 13,82 12,50
163.00 11,00 0,00 0,76 13 ,61 13,BO 12,50
164,00 11 ,00 0,00 0.75 13,67 13,79 12.50
165,00 11. 00 0,00 0,75 13,74 13,77 12,50
166,00 11. 00 0,00 0,74 13,80 13,75 12,50
167,00 11. 00 0,00 0,74 13,86 13,74 12,50
168,00 11. 00 0,00 0,73 13,92 13,72 12,50
169,00 11. 00 0,00 0.73 13 .9B 13,71 12,50
170,00 11. 00 0,00 0.72 14,04 13,69 12,50
171.00 11,00 0,00 0,72 14,10 13, uB 12.50
172,00 11. 00 0,00 0.71 11,16 13.66 12.~O
173,00 11. 00 0,00 0,71 14,22 13.65 12,50
174 , 00 11. 00 0,00 0,70 14.27 13.63 12,50
17 5 , 00 11,00 0,00 0,70 14. 33 13.62 12.50
176,00 11. 00 0,00 0,69 14. 39 13,60 12,50
177,00 11. 00 0,00 0,69 14,45 13,59 12,50
178,00 11. 00 0,00 0.6B 14.50 13,57 12.50
179.00 11 ,00 0,00 0,67 14,56 13,56 12 ,~)O
1BO,00 11. 00 0,00 0,67 14,61 13,54 12 ,50
181. 00 11,00 0,00 0,66 14,67 13,53 12,50
182,00 11,00 0,00 0,66 11,72 13,52 12,50
183,00 11. 00 0.00 0.65 14.7B 13,50 12,50
184,00 11.00 0,00 0,65 14,83 13,49 12,50
185.00 11 ,00 0,00 0,64 14,B8 13,48 12.50
186,00 11. 00 0,00 0,64 14,94 13 ,46 12,50
187,00 11. 00 0,00 0,63 14,99 13.45 12,50
IB8,OO 11. 00 0,00 0,63 15.04 13 .43 12,50
189,00 11. 00 0,00 0,62 15,09 13,42 12.50
190,00 11,00 0,00 0,62 15,15 13,41 12,50
191,00 11. 00 0,00 0,61 15,20 13,40 12,50
192,00 11. 00 0,00 0,61 15,25 13 ,3B 12.50
193,00 11,00 0,00 0,60 15.30 13 .37 12.50
194,00 11. 00 0,00 0,60 15,35 13,36 12,50
195,00 11. 00 0,00 0,59 15,40 13,34 12,50
196,00 11.00 0,00 0.59 15,44 13,33 12.50
197,00 11.00 0,00 0,58 15,49 13,32 12,50
198,00 11,00 0,00 0,58 15,54 13,31 12,50
199,00 11. 00 0,00 0,57 15,59 13,30 12,50
200,00 11. 00 0,00 0.57 15,63 13 ,2B 12,50
201.00 11. 00 0.00 0,56 15,68 13,27 12,50
202,00 11. 00 0.00 0,56 15,73 13,26 12,50
203,00 11,00 0,00 0,55 15,77 13 .25 12,50
204.00 11 ,00 0.00 0.55 15,82 13 ,24 12,50
205,00 11 ,00 0,00 0.54 15.06 13,22 12,50
206,00 11,00 0,00 0,54 15,91 13,21 12,50
207.00 11.00 0,00 0,53 15,95 13 ,20 12,50
208,00 11,00 0,00 0.52 15.99 13 ,19 12,50
209,00 11 ,,00 0,00 0,52 16,04 13,10 12,50
210,00 11,00 0,00 0,51 16,OB 13.17 12.50
211,00 11,00 0,00 0,51 16,12 13,16 12,50
212.00 11.00 0,00 0,50 16.16 13,15 12.50
213,00 11,00 0,00 0,50 16.21 13,14 12,50
Agenda Item No, 17H
June 12, 2007
Cascade 2001 Version 1.0 Page 167 of 21 0
File: sonia25 Date: June 21, 2006 Page 5
--.- -._----- -~-
Cumulative Inst.ant CUrrent Cumulative Head Water Tail Water
Time Rainfall Runoff Discharge Discharge Stage Stage
(hr) (in) (efs) lets) (acre..ft) 1ft NGVD) 1ft NGVD)
===========~===========~================~======================================
214,00 11,00 0,00 0,49 16,25 13,13 12,50
215,00 11,00 0,00 0,49 J6,29 13,12 12,50
216,00 11,00 0.00 0,48 16,33 13,10 12,50
217,00 11,00 0,00 0,48 16,37 13,09 12.50
218,00 11,00 0,00 0,47 16,41 13,08 12.50
219.00 11,00 0,00 0.47 16,45 13,07 12.50
220,00 11,00 0,00 0,46 16,48 13,06 12,50
221.00 11,00 0,00 0,46 16,52 13 ,06 12,50
222,00 11. 00 0,00 0,45 l6.56 13 ,OS 12,50
223,00 11.00 0,00 0.45 16,60 13.04 12,50
224,00 11 ,00 0,00 0.44 16,63 13 ,03 12,50
225,00 11. 00 0,00 0,44 16,67 13 ,02 12,50
226,00 11,00 0,00 0,43 16,71 13 ,01 12 ,50
227,00 11,00 0,00 0,43 16,74 13,00 1.2,50
228,00 11,00 0,00 0,42 16,78 12,99 12,50
229,00 11,00 0,00 0,42 16,81 12,98 12,50
230,00 11,00 0,00 0.41 16,85 12,97 12,50
231. 00 11. 00 0,00 0,40 16,88 12,96 12,50
232.00 11,00 0,00 0,40 16,91 12,95 12 ,SO
233,00 11. 00 0,00 0,39 16,94 12,94 12.50
234,00 11 ,00 0,00 0,39 16,98 12,93 12,50
235,00 11,00 0,00 0,38 17,01 12,92 12,50
236,00 11,00 0,00 0,38 17,04 12,91 12.50
237,00 1] ,00 0,00 0,37 17,07 12,91 12,50
238,00 11.00 0,00 0,36 17,10 12,90 12,50
239,00 11. 00 0,00 0,36 17.13 12,89 12.50
240,00 11,00 0,00 0,35 17,16 12,88 12,50
241. 00 11. 00 0,00 0,35 17,19 12,87 12,50
242,00 11,00 0,00 0,34 17,22 12.86 12.50
243,00 11,00 0,00 0,34 1'l,24 12.86 12.50
244,00 11,00 0,00 0,33 17,27 12.85 12,50
245,00 11,00 0,00 0.32 17,30 12,84 12,50
246.00 11. 00 0,00 0,32 17,3) 12,83 12,50
247,00 11. 00 0,00 0,31 17,35 l2,83 12,50
248,00 11,00 0,00 0,31 1'1,38 12,82 12,50
249,00 11,00 0,00 0,30 17,40 12,81 12.50
250,00 11,00 0,00 0,30 17 ,43 12,80 12,50
251.00 U,OO 0,00 0,29 17,45 12,80 12,50
252,00 U,OO 0,00 0,28 17,48 12,79 12.S0
253,00 11.00 0,00 0,28 17,50 12,78 12,50
254.00 11,00 0,00 0,27 17.52 12,78 12,50
255,00 11,00 0,00 0,27 17,54 12 , '17 12,50
256,00 11.00 0,00 0,26 17,57 12,77 12,50
257.00 11.00 0,00 0,26 17,59 12,76 12,50
258,00 11 ,00 0,00 0,25 17,61 12,75 12,50
259,00 11 ,00 0,00 0,22 11,63 12,75 12,50
260,00 11. 00 0,00 0,22 17,65 12_74 17.,50
261. 00 11. 00 0,00 0,21 17,66 12.74 12,50
262,00 11.00 0,00 0,20 17,68 12.73 12,50
263,00 11,00 0,00 0,20 17,70 12, '13 12.50
264,00 11.00 0,00 0,19 17,'/1 12,72 12,50
265,00 11.00 0,00 0,19 17,73 12,72 l7.,50
266,00 11,00 0_00 0,18 17,74 12,72 12,50
267,00 U,OO 0,00 0,18 17,76 12,71 12,50
268,00 11,00 0,00 0,17 17,77 12,71 12,50
269,00 11,00 0,00 0,17 17,79 12,70 12,50
270,00 11,00 0,00 0,16 17,80 12,70 12,50
271,00 11,00 0,00 0,16 1'/,81 12,70 12,50
272,00 11.00 0,00 0,15 17,83 12,69 12,50
273,00 11,00 0,00 0,15 17.84 12,69 12,50
274,00 11,00 0.00 0,14 17,85 12,68 12,50
275,00 11. 00 0,00 0,14 17,86 12.68 12.50
276,00 11,00 0,00 0,14 17,87 12,68 12.50
277,00 11.00 0,00 0,13 17,88 12.68 12,50
278,00 11.00 0,00 0,13 17,90 12.67 12.50
279,00 11,00 0,00 0,13 17,91 12,67 12,50
,
Agenda Item No, 17H
June 12, 2007
Cascade 2001 version 1.0 Page 168 of 210
File: sonia25 Date: June 21, 2006 Page 6
---~-~
Cumulative Instant Current CUlIIul(ltive Hectd Water Tail Water
Time Rainfall Runoff Discharge Discharge stage Stage
(111:1 linl Icfs) IcEs) (acre-ft) (ft NGVDI 1ft NGVDI
===~=~~~====~==================================================================
280,00 11. 00 0,00 0,12 17,92 12,67 12,50
281,00 11.00 0,00 0,12 17,93 12,66 12,50
282,00 11.00 0,00 0,12 17,94 12,66 12,50
283,00 11. 00 0,00 0,11 17,95 12,66 12.50
284,00 11.00 0,00 0,11 17,95 12,66 12,50
285,00 11. 00 0,00 0,11 17,96 12,65 12 ,50
286,00 11. 00 0,00 0,11 17,97 12,65 12,50
287,00 11. 00 0,00 0,10 17,98 12,65 12,50
288,00 11. 00 0,00 0,10 17.99 12,65 12,50
289,00 11. 00 0,00 0,10 18,00 12.64 12.50
290,00 11. 00 0,00 0,10 18,01 12,64 12.50
291. 00 11.00 0.00 0,09 18,01 12,64 12,50
292.00 11.00 0,00 0,09 18,02 12.64 12,50
293,00 11. 00 0,00 0,09 18,03 12,63 12,50
294,00 11. 00 0,00 0,09 18,04 12,63 12,50
295.00 11. 00 0,00 0,09 18,04 12.63 12,50
296,00 11. 00 0,00 0.08 18,05 12.63 12.50
297,00 11. 00 0,00 0,08 18,06 12,63 12.50
298,00 11. 00 0,00 0,08 18,06 12,62 12,50
299,00 11. 00 0,00 0,08 18,07 12,62 12.50
300.00 11. 00 0,00 0,08 18,08 12,62 12,50
301,00 11. 00 0,00 0,07 18,08 12,62 12,50
302,00 11. 00 0,00 0,07 18,09 12,52 12,50
303.00 11. 00 0,00 0,07 18,09 12,62 12,50
304,00 11. 00 0,00 0,07 18,10 12,61 12.50
305,00 11. 00 0,00 0,0'/ 18,11 12.61 12,50
306,00 11. 00 0,00 0,07 18.11 12,61 12.50
307,00 11. 00 0,00 0.07 18,12 12,61 12,50
308.00 11,00 0,00 0,06 18,12 12,61 12,50
309,00 11.00 0,00 0,06 18,13 12,61 12,50
310,00 11. 00 0,00 0,06 18,13 12,60 12,50
311. 00 11. 00 0,00 0,06 18.14 12,60 12.50
312,00 11. 00 0,00 0,06 18,14 12,60 12.50
313.00 11,00 0,00 0,06 18.15 12,60 12,50
314,00 11. 00 0,00 0,06 18,15 12.60 12,50
315.00 11.00 0,00 0,06 18,16 12,60 12,50
316,00 11. 00 0,00 0,05 18,16 12.60 12,50
317,00 11,00 0,00 0.05 18,17 12,60 12,50
318.00 11,00 0,00 0.05 18,17 12,59 12,50
319,00 11.00 0,00 0,05 18,17 12.59 12,50
320,00 11,00 0,00 0,05 18,18 12.59 12,50
321. 00 11. 00 0,00 0,05 18,18 12.59 12,50
322,00 11. 00 0,00 0,05 18,19 12,59 12,50
323.00 11,00 0,00 0,05 18,19 12,59 12,50
324,00 11.00 0,00 0,05 18,20 12.59 12,50
325,00 11.00 0,00 0,05 18,20 12,59 12,50
326,00 11,00 0,00 0.05 18,20 12,59 12,50
327,00 11. 00 0,00 0,04 18,21 12,58 12,50
328,00 11.00 0,00 0.04 18,21 12.58 12.50
329,00 11. 00 0,00 0,04 18,21 12.58 12.50
330,00 11,00 0,00 0,04 18.22 12,58 12,50
331. 00 11,00 0,00 0,04 18,22 12,58 12,50
332.00 11,00 0,00 0,04 18,22 12,58 12.50
333,00 11,00 0,00 0.04 18.23 12.58 12.50
334,00 11,00 0,00 0,04 18,23 12,58 12,50
335,00 11.00 0,00 0,04 18,23 12.58 12,50
336,00 11,00 0,00 0.04 18.24 12,58 12.50
337.00 11,00 0,00 0.04 18.24 12,57 12,50
338,00 11,00 0,00 0.04 18,24 12,57 12,50
339.00 11. 00 0,00 0,04 18,25 12,57 12,50
340.00 11,00 0.00 0,04 18.25 12,57 12,50
341. 00 11,00 0,00 0,03 18,25 12,57 12,50
342,00 11. 00 0,00 0,03 18,25 12,57 12,50
343,00 11.00 0,00 0,03 18,26 12,57 12,50
344.00 11. 00 0,00 0,03 18,26 12,57 12,50
345,00 11.00 0,00 0,03 18,26 12,57 12,50
Agenda Item No, 17H
Cascade 2001 Version 1.0 June 12, 2007
Page 169 of 210
File: sonia25 Date: June 21, 2006 Page 7
--------
Cumulative Instant Current Cumulative Head Water Tail Water
Time Rainfall Runoff Discharge Discharge Stage Stage
{hr) lin) lets) Ices) (acre-ft) (ft NGVD) (ft NGVD)
---------------------------------------....--------------------------------------
-------------------------------------------------------------------------------
346,00 11,00 0,00 0,03 18,27 12,57 12,50
347,00 11,00 0,00 0,03 18,27 12.57 12,50
348,00 11,00 0,00 0,03 18,27 12,57 12,50
349,00 11,00 0,00 0,03 18,27 12,57 12,50
350.00 11,00 0,00 0,03 18,28 12,56 12,50
351. 00 11. 00 0,00 0,03 18,28 12,56 12.50
352,00 11 ,00 0,00 0,03 18,28 12,56 12,50
353.00 11,00 0,00 0,03 18,28 12,56 12,50
354,00 11,00 0,00 0,03 18,28 12,56 12,50
355,00 11,00 0,00 0,03 18,29 12,56 12,50
356,00 11. 00 0,00 0,03 18,29 12,56 12,50
357,00 11,00 0,00 0,03 18,29 12,56 12,50
358,00 11,00 0,00 0,03 18,29 12,56 12,50
359.00 11. 00 0,00 0,03 18,30 12,56 12.50
360.00 11,00 0,00 0,03 18,30 12,56 12,50
361. 00 11,00 0,00 0,03 18,30 12,56 12,50
362,00 11,00 0,00 0,02 18,30 12,56 12.5Q
363,00 11,00 0,00 0,02 18,30 12,56 12,50
364.00 11. 00 0,00 0,02 18,31 12,56 12.50
365,00 11. 00 0,00 0,02 18,31 12.56 12,50
366,00 11.00 O.OU 0,02 18,31 12,55 12,50
367,00 11. 00 0,00 0,02 18,31 12.55 12,00
368,00 11,00 0,00 0,02 18,31 12.55 12,50
369.00 11,00 0,00 0,02 18,32 12.55 12,50
370,00 11,00 0,00 0,02 18,32 12,55 12,50
371,00 11. 00 0,00 0.02 18,32 12.55 12,50
372,00 11,00 0,00 0,02 18,32 12,55 12,50
373,00 11,00 0,00 0,02 18,32 12.55 12.50
374.00 11,00 0,00 0.02 18,32 12,55 12,50
375,00 11,00 0,00 0,02 18,33 12,55 12,50
376,00 11. 00 0,00 0,02 18,33 12.55 12,50
377,00 11,00 0,00 0,02 18,33 12.55 12,50
378,00 11,00 0,00 0,02 18,13 12,55 12,50
379,00 11.00 0,00 0,02 18,33 12,55 12,50
380,00 11. 00 0,00 0,02 18,33 12,55 12,50
381.00 11,00 0,00 0.02 18,34 12.55 12,50
382,00 11,00 0,00 0,02 18,34 12,55 12,50
383,00 11,00 0,00 0,02 18,34 12.55 12,50
384,00 11,00 0,00 0,02 18,34 12,55 12,50
385,00 11,00 0,00 0,02 18,34 12,55 12,50
386,00 11,00 0.00 0,02 18,34 12,55 12,50
387,00 11.00 0,00 0,02 18,34 12,54 12,50
388,00 11. 00 0,00 0,02 18,35 12,54 12,50
389,00 11. 00 0,00 0,02 18.35 1:1. 54 12,50
390.00 11,00 0,00 0,02 18,35 12,54 12,50
391,00 11.00 0,00 0,02 18,35 12,54 12,50
392,00 11.00 0,00 0,02 18,35 12,54 12,50
393.00 11. 00 0,00 0,02 18,35 12,54 12,50
394,00 11.00 0,00 0,02 16,35 12,54 12,50
395,00 11. 00 0,00 0,02 18,36 12,54 12,50
396,00 11,00 0,00 0,02 18,36 12,54 12,50
397,00 11,00 0,00 0,02 18,36 12.54 12,50
398,00 11. 00 0,00 0,01 18,36 12,54 12,50
399,00 11.00 0,00 0.01 18,36 12,54 12,50
400 .00 11.00 0.00 0,01 18.36 12,54 12,50
401. 00 11.00 0,00 0,01 18,36 12,54 1.2,50
402,00 11.00 0.00 0,01 18,36 12,54 12,50
403,00 11. 00 0,00 0,01 18,37 12,54 12,50
404,00 11,00 0,00 0,01 18,37 12.54 12,50
405.00 11. 00 0,00 0,01 18,37 12,54 12,50
406,00 11. 00 0,00 0,01 18,37 12,54 12,50
407,00 11. 00 0,00 0.01 18,37 12,54 12,50
408.00 11.00 0,00 0,01 18,37 12,54 12,50
409.00 11,00 0,00 0,0] 18,37 12,54 12,50
410,00 ll.,OO 0,00 0,01 18,37 12,54 12,50
411,00 11. 00 0,00 0.01 18,37 12,54 12.50
Agenda Item No, 17H
June 12, 2007
Cascade 2001 Version 1.0 Page 170 of 210
File: sonia25 Date: June 2J, 2006 Page 8
.-.---
Cumulative Instant Current Cumulative Head Water Tail Water
Time Rainfall Runoff Discharge Discharge Stage Stage
Ihr) (in) (ds) Ids) (acre-ft) 1ft NGVD) 1ft NGVD)
-------------------------------------------------------------------------------
- -- - ---- - --- ----- -------- - - ---- ----- - -- - -- - - - _. - ~..- - -.----- -. -- - ----- - - - - -- - - - - - - --
412 , 00 11.00 0,00 0,01 18,38 12,54 12,50
413,00 11. 00 0,00 0.01 18,38 12,54 12,50
414,00 11.00 0.00 0,01 18,38 12.54 12,50
415,00 11,00 0,00 0,01 18.38 12,54 12,50
416,00 11,00 0.00 0.01 18,38 12,54 12,50
417,00 11.00 0,00 0.01 18,38 12,53 12,50
418,00 11.00 0,00 0.01 18,38 12,53 12.50
419,00 11,00 0,00 0,01 18,38 12,53 12,50
420.00 11,00 0,00 0,01 18.38 12,53 12,50
421,00 11.00 0,00 0,01 18,38 12,53 12,50
422,00 11,00 0,00 0,01 18,38 12,53 12,50
423,00 11.00 0,00 0,01 18,39 12.53 12,50
424,00 11.00 0,00 0,01 18,39 12,53 12,50
425.00 11 ,00 0,00 0,01 18,39 12,53 12,50
426.00 11 ,00 0,00 0.01 18,39 12,53 12,50
427.00 11.00 0,00 0,01 18,39 12,53 12,50
428,00 11,00 0,00 0,01 18.39 12,53 12,50
429,00 11.00 0,00 0.01 18,39 12,53 12,50
430,00 11,00 0,00 0,01 18,39 12,53 12.50
431.00 11,00 0,00 0,01 18,39 12,53 12,50
432,00 11,00 0,00 0,01 18,39 1.2,53 12,50
433,00 11,00 0,00 0,01 18,39 12,53 12,50
434,00 11.00 0,00 0,01 18,40 12.53 12.50
435.00 11.00 0,00 0,01 18,40 12,53 12,50
436,00 11,00 0,00 0,01 18,40 12,53 12,50
437,00 11. 00 0,00 0,01 18,40 12.53 12,50
438,00 11. 00 0.00 0,01 18.40 12,53 12,50
439,00 11,00 0,00 0,01 18.40 12,53 12,50
440.00 11,00 0,00 0,01 18,40 12,53 12,50
441. 00 11 ,00 0,00 0,01 18,40 12,53 12,50
442.00 11 ,00 0,00 0,01 18,40 12,53 12,50
443.00 11,00 0,00 0,01 18,40 12,53 12.50
444,00 11.00 0,00 0.01 18,40 12,53 12,50
445,00 11.00 0,00 0,01 18,40 12,53 12.50
446,00 1.1.00 0,00 0,01 18,40 12,53 12,50
447,00 11.00 0,00 0,01 18,40 12,53 12.50
448,00 11,00 0,00 0,01 18.41 12,53 12,50
449,00 11. 00 0,00 0,01 18.41 12,53 12,50
450.00 11. 00 0,00 0,01 18,41 12,53 12,50
451. 00 11,00 0,00 0,01 18,41 12.53 12,50
452.00 11.00 0,00 0.01 18,41 12,53 12,50
453,00 11,00 0,00 0,01 18.41 12,53 12.50
454,00 11,00 0,00 0,01 18,41 12,53 12,50
455.00 11.00 0.00 0,01 18.41 12,53 12,50
456,00 11. 00 0,00 0,01 18,41 12,53 12,50
457,00 11,00 0,00 0,01 18,41 12,53 12,50
458.00 11.00 0,00 0,01 18,41 12,53 12,50
459,00 11,00 0,00 0,01 18,41 12,53 12.50
460,00 11. 00 0,00 0.01 10.41 12,53 12.50
461. 00 11.00 0,00 0,01 18,41 12,53 12.50
462,00 11.00 0,00 0,01 18,41 12,53 12,50
463,00 11,00 0,00 0,01 18,42 12,52 12,50
464,00 11.00 0,00 0,01 18,42 12,52 12,50
465,00 11. 00 0,00 0,01 18,42 12,52 12.50
466,00 11.00 0,00 0,01 18,42 12,52 12,50
467.00 11. 00 0,00 0,01 18,42 12,52 12.50
468,00 11.00 0,00 0.01 18,42 12,52 12.50
469,00 11.00 0,00 0,01 18,42 12,52 12,50
470.00 11,00 0,00 0,01 18,42 12,52 12,50
471,00 11.00 0,00 0,01 lB,42 12,52 12.50
472,00 11 ,00 0,00 0,01 18,42 12,52 12,50
473.00 11.00 0,00 0.01 18.42 12,52 12,50
474.00 11.00 0.00 0.01 18,42 12,52 12,50
475,00 11. 00 0,00 0,01 18,42 12,52 12.50
476,00 11. 00 0,00 0,01 18,42 12,52 12.50
477,00 11,00 0.00 0.01 18,42 12,52 12,50
Cascade 2001 Version 1.0
File, sonia25 Date: June 21, 2006
Agenda Item No, 17H
June 12, 2007
Page 171 of 210
Page 9
Time
(hr)
Cumulative
Rainfall
(in)
Instant
Runoff
(cfs)
Current
Discharge
(cfs)
cumulative
vischarge
(acre-it)
Head Water
Stage
(tt NGVD)
Tail Water
Stage
(ft NGVD)
- ~- --- - - - - - - -- - ---- --- - -- -- - - - - -- - - - - ---- ..~ -- ----- -- - - - --- - -- --- - --. --- - -- -- - --- --
-------------------------------------------------------.------------------------
478,00 11.00 0,00 0,01 18,42 12,52 12.50
479,00 11.00 0,00 0,01 18,42 12.52 12,50
480,00 11.00 0,00 0,01 18,42 12.52 12,50
481. 00 11,00 0,00 0,01 18,43 12,52 12,50
482,00 11,00 0,00 0,01 18,43 12,52 12,50
483,00 11.00 0,00 0.01 18,43 12,52 12.50
484,00 11. 00 0,00 0,01 18,43 12.52 12,50
485,00 11.00 0,00 0.01 18,43 12,52 12,50
486,00 11,00 0,00 0,01 18,43 12,52 12.50
487,00 11.00 0,00 0.01 18,43 12,52 12,50
488 ,00 11.00 0,00 0,01 18,43 12 ,52 12.50
489,00 11,00 0,00 0,01 18,43 12,52 12,50
490,00 11,00 0,00 0,01 18,43 12,52 12 ,50
491,00 11.00 0,00 0,01 18,43 12,52 12,50
492 , 00 11. 00 0,00 0,01 18,43 12,52 12.50
493,00 11. 00 0,00 0.01 18,43 12.52 12,50
494.00 11. 00 0,00 0,01 18,43 12,52 12,50
495.00 11,00 0,00 0,01 10,43 12.52 12,50
496,00 11,00 0,00 0,01 18,43 12,52 12,50
497,00 11.00 0,00 0.01 18,43 12,52 12,50
498,00 11.00 0.00 0,01 18,43 12.52 12,50
499,00 11. 00 0,00 0,01 18,43 12 ,52 12,50
500,00 11. OU 0,00 0,01 18,43 12.52 12,50
501. 00 11,00 0,00 0,00 18,43 12,52 12,50
502.00 11,00 0,00 0,00 18,43 12,52 12.50
503,00 11. 00 0,00 0,00 18,43 12,57- 12,50
504.00 11.00 0,00 0,00 18,44 12.52 12,50
STRUCTURE MAXIMUM AND MINIMUM DISCHARGES
-- - ---- ---- - --- - - ---- _..- - -- - - - - --- - - -- ---- ---.... ',. -..- - - - - ---
--------------------------------------------------------
Struc Max (cfs)
'l'ime (hr)
Min (cfs)
'rime (hr)
---- -- - -- ------------ - - - -.- - -... - - -~- --- - -- - --_ - - __ __ __ - - - .h__
-------------------------------------------.------------
1
4.38
65,20
0,00
0,00
BASIN MAXIMUM AND MINIMUM STAGES
---------------------------------------------------.--.----------
------------------------------------------..--------------------
Basin
Max (ft)
'rime (hr)
l1in (ft)
Time (hr)
------------------------------------.---------------------------
- - - --- - --- -------- - - - - - - - -. -.. .. ------- - --- ----- - ---- - - -.- -- -- -- - - - --
basin-1
15,84
65,20
12,50
0,00
BASIN WATER BUDGETS (all units in acre-ft)
=======~~==~====~~===============================================~===============
Basin
Total Structure Structure
Runoff Inflow Outflow
Initial
Storage
Final
Sturage
Residual
=~~================================~~============================================
basin-1
18,50
0,00
18,43
0,00
0,07
0,00
Agenda Item No, 17H
June 12, 2007
Page 172 of 210
ATTACHMENT 6
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Agenda Item No, 17H
June 12, 2007
Page 174 of210
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TRAFFIC IMPACT STATEMENT
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BOXWOOD PUD
(PROJECT NO. 0606,16)
PREPARED BY:
TR Transportation Consultants, Inc,
12730 Commonwealth Drive, Suite 4
Fort Myers, Florida 33913
CertificlIte of Anthorization # 27003
239-278-3090
.June 19, 2006
eid Co Fellow, p, ~,
License No, 61673
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Agenda Item No, 17H
June 12, 2007
Page 175 of 210
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
VIIL CONCLUSION
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Agenda Item No, 17H
June 12, 2007
Page 176 of 210
I. INTRODUCTION
TR TranspOltation Consultants, lnc, has conducted a traffic impact statement for the
proposed Boxwood PUD. The site is located on the cast side of Collier !3oulevard
approximately a quarter of a mile to the north of Vanderbilt Beach Road in Collier
County, Florida, The site location is illustrated on Figure 1,
The proposed Boxwood PUD will allow for the developl11ent of approximately 238 l11ulti-
family residential dwelling units, Access to thc site will be prOVided via a single acccss
point to Collier Boulevard, The South Florida Water Management District (SFWMD)
has constl'llcted a bridge over the canal that separates the subject property from Collier
Boulevard,
This report examines the impact of the development on the sUlTounding roadways and
intersections, Trip generation and assignments to the various si le 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 a tree nursery, The site is bordered to the south by
vacant land, To the west, the site is bordered by Collier Boulevard. To the north, the site
is bordered by land zoned for residential uses, To the cast, the proposed development is
bordered by vacant land,
Collier Boulevard is a two-lane arterial roadway in the vicinity of the subject site,
Collier Boulcvard has a posted speed limit of 55 mph and is under tile jurisdiction of
Collier County, The six laning of Collier Boulevard along the frontage of the subject site
is slated to occur in Fiscal Year 2006, This improvement was accountcd for in the
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BOXWOOD PUD
Figure 1
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Agenda Item No, 17H
June 12, 2007
Page 178 of 210
analysis performed in this report as a part of the most recent Collier County Concurrency
Spreadsheet.
III, PROPOSED DEVELOPMENT
The proposed re-zoning of the subject site will allow for the development of the
Boxwood PUD to consist of approximately 238 multi-family ownership dwelling units
within Collier County, Table 1 summarizes the land use utilized for trip generation
purposes for the subject development.
Table 1
Boxwood I'UD
Land Uses
"~~l;I'ti1
238 dwelling tmits
Access to the subject site is proposed via a single full access to Collier Boulevard
approximately One quarter of a mile to the north of Vanderbilt Beach Road. The bridge
over the SFWMD canal has already been constructed to consist of two approach lanes to
Collier Boulevard,
IV, TRIP GENERATION
The trip generation for the proposed development was determined by referencing the
Institute of Transportation Engineer's (ITE) rcport, titled Trip Genera/ion, 7'h Edition,
Trip generation calculations wcre performed for the development based on the proposed
238 multi-family dwelling units, Land Use Code 230 (Residential
Condominium/Townhouse) was utilized for trip generation purposes, The equations for
this land use are contained in the Appendix of this report for reference. Table 2 outlines
the anticipated weekday A.M, and P .M, peak hour trip generati on of the proposed re-
zoning of tile Boxwood PUD, The daily trip generation is also indicated within Table 2.
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Agenda Item No, 17H
June 12, 2007
Page 179 of 210
Table 2
Trip Gcncratiou
Boxwood pun
V, TIUP DISTRIBUTION
"J11e trips shown in Table 2 were then assigned to the surrOLll1ding roadway system based
on the anticipated routes the drivers will utilize to approach the sile, The driveway
volumes shown in Table 2 were assigncd to the proposed site access drive, The project
distribution utilized for other developments within the vicinity of the subject site was
utilized for this TIS as welL Thc project distribution for the proposed development re-
zoning is indicated in Figure 2, Approximately ten percent (10%) of the development
traffic was indicated as "capture" trips at various retail opportunities along Cnllier
130ulevard to the north of the subject site near the l111l11okalee Road intersection, Based
on the traffic distribution indicated within Figure 2, the project traffic was distributed to
the projects' access point. Figure 3 indicates the site traffie assignment of the Boxwood
PUD based on the proposed access location to Collier Boulevard,
VI. FUTURE TRAFFIC CONDITIONS
In order to c1etcrmine which roadway segments surrounding the site will be significantly
impacted, Table lA, contained in the Appendix, was created, This table indicatcs which
roadway links will accommodate an amount of project traffic greater than the 3%-3%-5%
Significance Test Therefore, the project traifIc 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
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AT THE IMMOKALEE ROAD 1 COLLIER BLVD, INTERSECTION
PROJECT TRAFFIC DISTRIBUT10N
BOXWOOD PUD
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LEGEND
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SITE TRAFFIC ASSIGNMENT
BOXWOOD PUD
Figure 3
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Agenda Item No, 17H
June 12, 2007
Page 182 of210
on the information contained within Table 1 A, no roadway links will be significantly
impacted in accordance with the Collier County 3%-3%-5% Significance Test. Thus,
concurrency link analysis was only required on Collier Boulevard adjacent to the subject
site since this is the first arterial that the development traffic will access.
In addition to the significant impact criteria, Table lA also includes a buildout
conCUlTency analysis on the Collier County Roadway network. The proposed
development is anticipated to be completed by the year 2011, Thercfore, it was necessary
to determine the 2011 remaining capacity of Collier Boulevard, The total volume of
1,894 vehicles indicated within the aforementioned Collier County Concurrency
Spreadsheet reflects the current 2006 peak seOlson, peak hour, peak direction traffic
volume on Collier Boulevard, The appropriatc annual growth rate for this section of
Collier Boulevard was taken from the 2005 Collier County Average Daily Traffic Report
(5,8%) based on the data available over the last two (2) years, This alU1Ual growth rate
was then used to factor the 2006 peak season, peak hour, pcak direction traffic volume to
2011 peak season, peak hour, peak direction background traffic conditions,
The resultant 2011 pcak scason, peak hour, peak direction traffic volume was compared
to the Level of Service Standard in ordcr to dctcrmine the remaining capacity in the year
201 L Therefore, the 2011 remaining capacity (3,300 veh- 2,506 veh) will bc
approximately 794 vchiclcs, The project generated traffic was then suhtracted from the
remaining trips in order to determine the rcmaining 2011 capacity after the Boxwood
PUD traffic is added to the surrounding roadway network,
VII, PRO.JECTED LEVEL OF SERVICE AND IMPROVEMENTS
Based upon the information contained within Table 1 A, sufficient capacity will be
available on Collier Boulevard after the addition of the Boxwood PUD traffic, Figure 4
indicates the remaining capacity on Collier Boulevard based upon the existing conditions
as well as under the 2011 build-out conditions, As can be seen within Table lA and
Figure 4, there will be available capacity after the addition of the traffic associated with
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Aaenda Item No, 17H
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Page 183 of210
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(000) 2011 REMAINING CAPACITY WI AM PROJECT TRAFFIC
1000] 2011 REMAINING CAPACITY WI PM PROJECT TRAFFIC
0.0% PROJECT IMPACT PERCENTAGE
REMAINING CAPACITY ON
SIGNIFICANTLY IMPACTED ROADWAYS
BOXWOOD PUD
Figure 4
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Agenda Item No, 17H
June 12, 2007
Page 184 of 210
the subject development, so there are no concurrency issues on the Collier County
roadway network,
Intersection analysis was not required due to the fact that no roadway links are
significantly impacted after the addition of the proposed Boxwood PUD traffic,
Therefore, no intersection analysis was performed as a result of the proposed
development.
Turn lane improvements will be required when the development traffic is added to the
surrounding roadway network based on the Collier County Ordinance 93-64, Both a
northbound right turn lane and a southbound left turn lane will be rcquired on Collier
Boulevard at the site acccss intersection, These turn lanes are being designed as apart of
the six-laning of Collier Boulevard, Table 3 below indicates the necessary turn lane
lengths at the sitc access intersection, The turn lane storage length for the southbound
left turn lane required on Collier Boulevard at the site access intersection was based on a
2-minute arrival time of development traffic in accordance with the Florida Manual on
Uniform MinimuIll Standards, A minimum storage distance of two (2) vehicles (50-feet)
was assul11ed for the left turn lane,
Table 3
Turn Lane Lengths
Boxwood PUD
NB right
Collier Blvd @ Site Access SB left
WB a) roach
1_ The storage'length for t!lis turn Ifllle WILS based on a 2-1l1inllte arrival time. A millinllll11 of 50 feeC of vehicle storage W'd511SS11llled.
Page 9
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I
1-
'"[, TRANSPORTATION
K CONSULTANTS, INC.
Agenda Item No, 17H
June 12, 2007
Page 185 of 210
VIII, CONCLUSION
The proposed Boxwood PUD on the east side of Collier Boulevard (C,R, 951)
approximately one quarter of a mile to the north of Vanderbilt Beach Road within Collier
County, Florida will not adversely impact the Illture Collier County roadway network,
The surrounding roadway network was analyzed based on the Collier County
Concurrency Management System, No roadway links are shown to sustain a significant
impact as a result of the added Boxwood PUD traffic, Additionally, all roadway
segl11ents adjacent to the subject site analyzed as a result of the Boxwood PUD will
remain concurrent when the development traffic is added to the roadways,
Turn lane analysis was performed as a result of the proposed Boxwood PUD, The
required turn lane improvements are indicated within Table 3 of the previous section of
this report No roadway Jinks are shown to experience a significant impact after the
acldition of the Boxwood PUD traffic, so no intersection analysis was required,
Therefore, beyond the turn lane improvements, no roadway improvements will be
required as a result of the proposed Boxwood PUD,
\k:\2006\06\ 16\rcport.doc
Page 10
r
APPENDIX
/,-
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Agenda Item No, 17H
June 12, 2007
Page 186 of 210
Agenda Item No, 17H
June 12, 2007
Page 187 of210
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Agenda Item No, 17H
June 12,2007
Page 189 of 210
I
~ COLLIER COUNTY CONCURRENCY
SPREADSHEET
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Agenda Item No, 17H
June 12, 2007
Page 194 of 21 0
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TRIP GENERATION EQUATIONS
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Agenda Item No, 17H
June 12, 2007
Page 195 of 210
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TRIP GENERATION EQUATIONS
BOXWOOD PUD
ITE TRIP GENERATION REPORT, ill EDITION
Land Use Weekday AM Peak HOllr Weekday PM Peak HOllr Daily (2-way)
Residential Ln (T) ~ 0,80 Ln (X) + 0,26 Ln (T) ~ 0,82 Ln (X) + 0.32 Ln (T) ~ 0,85 Ln (X) + 2.55
Condominiuln/Townhollse ~- ~ 67% entering _133% exiting
(LUe 230) _ ]7% entering__ 83% exiling
T - Trips, X "II of dwelli,lg units
~
,
Agenda Item No, 17H
June 12, 2007
Page 196 of 21 0
ORDINANCE NO, 07-~_
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING OJWlNANCE NUMBER 2004-41, AS
AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE WHICH lNCLUDES TIlE
COMPREHENSNE ZONING REGULATIONS FOR
TIlE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA BY AMENDING THE
APPROPRIATE ZONING ATLAS MAP OR MAPS, BY
CHANGmG THE ZONlNG CLASSIFICATION OF THE
HEREm DESCRIBED REAL PROPERTY FROM THE
RURAL AGR1CUL TlJRAL (A) ZONING DISTRICT TO
TIIE RESIDENTAL PLANNED UNIT DEVELOPMENT
(RPUD) ZONmG DISTRlCT FOR THE BOXWOOD
RPUD LOCATED AT THE EASTSJDE OF COLLIER
BOULEVARD (CR 95t) 1/4 MILE OF VANDERBILT
ROAD, IN SECTION 35, TOWNSHIP 48 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 29,9 ACRES; AND BY PROVIDING
AN EFFECTNE DATE.
WHEREAS, Robert Duan~ AlCP, of Holes l\1ontes, Inc., representing Home
Dynamics Naples, LLC, petitioned the Board of County Commissioners to change the
zoning cla.'lsificaHon of the herein described real propelty.
NOW, THEREFORE BE IT ORDAINED BY 'mE BOARD OF COUNTY
COM!v[]SSIONERS OF COLLIER COUNTY, FLORIDA, that;
SECTION ONE:
The zoning classification of the herein described real property located in Section
35, Town,hip 48 Soulh, Range 26 East, Collier Clounly, Florida, is changed from the
Rural Agricultural (A) Zoning District to the Residential Plmmed Unit Development
(RPUD) Zoning District for the Boxwood RPUD in accordance with the Exhibits
attached hereto as Exhibits A through G and inCOlporated by reference herein. The
appropriate zoning atlas map or maps, as described in Ordinance Number 2004-41~ as
fllllended, the Collier County Land Development Code, is/are herL:by .amended
accordingly.
SECTION TWO:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by super-majority vote by tho Board of
County Commissioners of Collier County, Florida, this ~ day of
,2007,
Boxwood; J>UDZ-2005"AR-8379
Page 1 of2
A TrEST:
DWIGHT E. BROCK, CLERK
Deputy Clerk
Approved as to form
and legal sufficiency:
1'r-~ Matiorie M. Student-Stirling
Assistant County Attorney
Boxwood; PUl.lZ-200S-AR-8379
Agenda Item No. f7H
June 12. 2007
Page 197 of 210
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
JAMES N. COLETrA, CHAIRMAN
Page 2 01'2
Agenda Item No. 17H
June 12, 2007
Page 198 of 210
EXHIBIT A
ALLOWABLE USES
PERMITTED USES:
No building or structllre, or pm1 thereof, shall be erected, altered or used, or land used, in whole
or in pmt, for other than the following:
1. GENERAL PERMITTED USES
Certain uses shall be considered general permitted uses tln'oughout the Boxwood RPUD.
General permitted uses are those llses which generally serve the developer and residents of the
Boxwood RPUD and are typically part of the common infrastructure or are considered
community facilities.
A. General Permitted Uses:
1. Essential services as set f011h under Land Development Code.
2. Water management facilities and related structures.
3. Lakes including lakes with bulkheads or other architectural structural bank
treatments.
4. Guardhouses, gatehouses, and access control structures.
5. Temporary construction, sales, and administrative offices for the developer and
developer's authorized contractors and consultants, inclllding necessary access
ways, parking areas, and related uses, subject to the procedures for a temporary
use pennit provided in the Land Development Code.
6. Landscape features including, but not limited to, landscape buffers, berms,
fences and walls.
7. Any other use, which is comparable in nature with the foregoing use, consistent
with the petmitted uses and purpose and intent statement of this RPUD, as
detem1incd by the Board of Zoning Appeals.
2. RESIDENTIAL SUBDISTRICT
A. Principal Uses:
1. Single-family detached dwellings;
2. Single-family attached dwellings;
3. Two-family patio mld zero lot line;
H:\20Q4\20041 12\ WP\(>UD Rezone\2007\Resubmittal fm contLl1UanCe 5_ G7\Rcvised Applieation 6-01-07 (21 )clean.docPage 12 of 24
Agenda Item No. 17H
June 12, 2007
Page 199 of 21 0
4. Townhouse (TH) and multi-family;
5. Any othcr principal Use which is comparable in nature with the foregoing list of
permitted principal uses, as determincd by the Board of Zoning Appeals
("BZA") by the process outlined in the Lmld Development Code.
B. Accessory Uses:
1. Accessory uses and structures customarily associated with principal residential
uses pennitted in this RPllD, including recreational facilities, such as swimming
pools and clubhouse, screcn enclosures, and facilities for lawn care and
maintenance. The location of the recreational area is depicted on the RPUD
Master Plan.
3. PRESERVE SUBDISTRICT
The RPllD Master Plan provides for 4.15 acres of preserve area that shall be re-created that
constitutes the minimum acreage required in accordance with Land Development Code created
preserve requirements and the GMP. The cross sections for the topographic profile of the re-
created preserve area are set forth on composite Exhibit "G" of this Ordinance.
A. Pennitted Uses and Structures:
1. Passive recreation areas;
2. Water management in wetlands and water management structures;
3. Mitigation areas;
4. Boardwalks and trails that do not reduce the minimum amount
of required vegetation to be preserved.
4. MAXIMUM DWELLING UNITS
The maximum dwelling units shall be two-hundred and seven (207).
5. DEVELOPMENT STANDARDS
The following table sets forth the development standards for land uses within the RPllD
Residential Subdistrict. Standards not specifically set forth herein shall be those specified in
applicable sections of the Land Development Code in effect as of the date of approval of the
. site development plan or subdivision plat.
H:\20G4\2004112\WP\PUD Rez.one\2007\Resub1l1ittal for conlinuance 5_07\Rcvised Application 6-0t-07 (21)clean.docPagc [3 of24
EXHIBIT B
Agenda Item No. 17H
June 12, 2007
Page 200 of 210
TABLE I
RESIDENTIAL DEVELOPMENT STANDARDS
. J;lEYJ<LOPMENT
. STANDARDS
SINGLE
FAMILY
SINGLE
F'AMILY
ATTACHED &
TOV.'NHbuSE
TWO-FAMILY,
pATIO &
ZERO LOT
LINE
Mui:i'I.
FAMILY
cL~~qtJsii('
RECREATION
lluILDtNGS'
"r.'-." .
xml'!gw~, . '. ..
STRUqruRES
:..;rv,;.;: .r".. .;.
MINIMUM LOT AREA 5500 S.F. PER 1800 4500 2100' N/A
UNIT S.P. PER UNIT S.F. PER UNIT S.F. PER UNIT
MINIMUM LOT WIDTH Interior 50 FEET 30 FEET 40 FEET N/A N/A
Exterior 60 FEET - ------------
MINIMuM FLOOR AREA 1200 S.F 1200 S.F 1200 S.F. 1000 S.F.ro.U. N/A
MIN FRONT YARD 23" FEET 23" FEET 23" FEET 23" FEET N/A
MIN SIDE YARD 5 FEET 5 FEET or 0 12 FEET or 0 o or 15 FEET 20
~--- ..
MIN REAR YARD 10 FEET 10 FEET 10 FEET 10 FEET 15 FEET
MIN PRESERVE SETBACK 25 FEET 25 FEET 25 FEET 25 FEET 25 FEET
'IN. DISTANCE 10 FEbT Not less than 20 Not less than 12 Not less than 20 10 FEET
JTWEEN STRUCTURES -- feet between bldgs. feet between bldgs, feet between bldgs.
MAX. BUILDING HEIGHT 25 FEET within 25 FEET within 25 FEET within 25 FEET within 25 FEET within
NOT TO EXCEED two stories height two stories height twu sturies height two stories height two stones height
as zoned but not to as zoned but not to as zoned but not to as zoned but not to as zoned but not
exceed thirty-five exceed twentyMfive exceed twenty- five exceed rn1cntyMfive to exceed twenty-
feet actual height. feel or 35 feet fee or 35 feet feet or 35 feet five feet or 35
actual. aClual. actual. feet actual.
:ACCESSORY' :. I H_ ...,~
\S~!W_~fiJRES . . ';\ <C
. -f :,_".' ,.,,_": ~ '. . "
'-;'-'.'"
FRONT 23 FEET 23 FEET 23 FEhT 23 FEET 23 FEET
SIDE SPS SPS SPS SPS SPS
REAR 5 FEET 5 FEET 5 FEET 5 FEET 5 FEET
PRESERVE SETBACK 10 FEET J 0 FEET 10 FEET 10 FEET 10 FEET
DISTANCE BETWEEN N/A N/A NIA N/A N/A
PRINClP AL STRUCWRE
MAX. BUILDING HEIGHT SPS SPS SPS SPS 20 FEET
NOT TO EXCEED
S.P .S. == Same as Principal Structures
BH = Building Height
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Agenda Item No. 17H
June 12, 2007
Page 201 of 21 0
GENERAL: Except as provided for hereinl all cril~ria set fOlth below shall be understood to be in relation to individual
parcel 01' lot boundary lines, or between structures. Condominium, andfoT homeov.mcrs' association boundaries shallllot be
utilized for determining development standards.
Footnotes:
'I< The minimum area for multi-family use is 10,000 square feet but each individual unit may be a minimum of2100 square
feet
.* Where a lot is located at the intersection of two streets the front yard sethack shall only apply to the street 011 which the
entrance is located, and the side requirement shall apply on the adjacent street. Where side entry garages are provided, the
front yard setback may he redoced to 20 feet.
A separation shall be maintained along the northern property line as currently shown on the RPUD Master Plan to maintain a
minimum of 100 feet to the east of the rnaintenance area in Vanderbilt Beach Country Club, This area may be used for right-
of-way, open space, 01' recreational use, A one-story recreational building shall be pennitted in this area at a location
depicted on the RPUD Master Plan.
H:\2004\2004112\WP\PUD Rczom:\2007\Resubmillal for continuance 5_0 7\Revised A!)plicntion 6-0] -07 (2 t )c1can.docPage 1 S of 24
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Agenda Item No. 17H
June 12. 2007
Page 205 of 210
EXHIBIT D
LEGAL DESCRIPTION
LEGAL DESCRIPTION
The subject property being 29.69:1: acres is located in Section 35, Township 48 South, Range 26
East, and is more fully described as follows:
The nOlth Yz of the south Yz of the northeast v.. of the southwest 'I. of Section 35; plus the south
y, ofthe south y, of the northwest v.. of the southwest v.., less the west 100 feet and the south Y,
of the south Y, of the northeast v.. of the southwest v.. of Section 35, Township 48 South, Range
26 East, Collier County, Florida.
H:\2004\2004112\WP\PUD Rczone\2007\Resllbmittal for clllllinuance 5 _07\Rcvised Applic3tioll 6-01,07 (ll)clean.docPage 19 of 24
Agenda Item No. 17H
June 12, 2007
Page 206 of 210
EXHIBIT E
LIST OF REQUESTED DEVIATIONS FROM THE LAND DEVELOPMENT CODE
PRIVATE ROADWAY WIDTH
The private roadway shall have a 42 foot right-of-way width. This is a deviation fi'om the 60
foot right-of-way width specified in Section 6.06.01 of the Land Development Code.
(Deviation 1.) The justification for this deviation is that this right-of-way width can be found
sufficient to accommodate travel lanes, drainage facilities, and utilities.
H:\2004\2004112\WP\PUD Rczouc\2007\Resubm;ttal for continuance 5_07\Rcvised Application 6-01-07 (21)clean.docPage 20 of24
Agenda Item No. 17H
June 12. 2007
Page 207 of 210
EXHIBIT F
DEVF:LOPER COMMITMENTS
1. T~"'NSPORTATION REQUIREMENTS
A. All traffic control dcvises, signs, pavement markings and design criteda shall be in
accordance with Florida Department of Transportation (PDOT) Manual of Unifonn
Minimum Standards (MUMS), CUl'fetlt edition, PDOT Design Standards, current
edition, and the Manual on Unifolm Traffic Control Devices (MlJTCD), eurrent
edition.
B. If a gate is proposcd at any/or all development entrance(s), the gate shall be designed so
as not to cause vehicles to be backed up onto any adjacent roadway. To meet this
requirement, the following shall be thc minimum requirements to achieve that purposc:
1. The minimum throat depth from the nearest interconnecting roadway edge of
pavement shall be no less than 100 feet to the key pad/phone box for the
proposed gate.
2. A turn around area of sufficient width and with sufficient inside turning radii
shall be provided bctween the aforementioned key pad/phone box mId the
proposed gate.
C. Arleriallevel street Ii gbting shall be provided at all access points. Access lighting shall
be in placc prior to the issuance of the fIrst cer1ificate of occupancy (CO).
D. Access Points shown on the PUO 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 propcJ1y boundary. The number of acccss points constructed may be
less than the number depictcd on the Master Plan; however, no additional access points
shall be considered unless a PUD amendment is approved.
E. Site-related improvements (as opposed to system-related improvcments) neccssary for
safe ingress and egress to this project, as detennined by County, shall not be eligible for
impact fee credits. All required improvements shall be in place and available to the
public prior to commencemcnt of on-site constmction.
F. Nothing in any Development Order (DO) shall vest a right of access in excess of a
right-inJright-out condition at any access point. Neither shall the existence of a point of
ingress, a point of egress, or a median opening, nor thc lack thereof, be the basis for any
future cause of action for damages against the County by the Developer, its successor in
title, or assignee. Collier County rescrvcs the right to close any median opening
existing at any time which is found to be adverse to the health, safety, and welfare of
the Public. Any such modifications shall be based on, but not limited to, safety,
operational circulation, aud roadway capacity.
H:\2004\2004l 12\WP\PUD Rezone\2007\Resubmittal forconlinuancc 5_07\Rcviscd Applicatioll 6.01-07 (21)cleau:docPuge 2t of24
G.
Agenda Item No. 17H
June 12, 2007
. . . . . P"ge 208 of 210
If any reqUIred tum lane Improvement requues the use of eXlstmg County ]{jghts-of-
Way or easement(s), then compensating Right-of-Way shall be provided at no cost to
Collier County as a consequence of such improvelllent(s) upon final approval of the
turn lane design during the first subsequent development order. The typical cross
section may not differ from the existing roadway unless approved, in writing, by the
TranspOltation Division Administrator or his designee.
H.
If, in the sole opinion of Collier County, traffic signal(s), other traffic control device,
sign, pavement marking improvement within a public Right of Way or Easement, or site
related improvemcnts (as opposed to system [elated improvements) necessary for safe
ingress m1d egress to this project, as determined by Collier County, is determined to be
necessaty, the cost of such improvement shall be the responsibility of the developer, his
successors or assigns. The improvements shall be paid for or installed, at the County's
discretion, prior to the appropriate corresponding CO.
1.
No CO shall be issued for residential dwellings until such time as Collier Boulevard
is widened to six lanes fromlmmokalee Road (CR 846) to Vanderbilt Beach Road (CR
862).
.I.
A n01thbound right tUIn lane shall be required prior to corrunencement of on-site
constl'11ction. No other work shall be performed within the site boundm'ies until all
development commitmcnts have been met with regard to improvements within the
public rights-of-way. No southbound left median opening shall be allowed.
K.
If the existing access bridge over the canal is widened or otherwise modified,
appropriate penuits shall be obtained from the South Florida Water Mmlagement
District.
L.
A shared access shall be provided to the property to the north. Placement of a gate
on the main access roadway into this project shall be located so as to allow
sufficient shared access with the adjoining project to the north. The interconnection
shall be located approximately 300 feet (to centerline) from the CR 951 right-of-way, as
shown on the conceptual plans. The intcrcorlllection may be less, but shall be
reviewed by Transportation Staff. The interconnection shall be no less than 200 feet
from the existing CR 951 right-of-way.
2. UTILITY REQUIREMENTS
A. The property owner shall reserve two areas to be conveyed for a raw watcr well
easement with a dimension of 40 feet by 40 feet for each area, and associated utility and
access easements to cOlmect them with a public right-of-way within this RPllD. The
utility and access easements shall be 20 feet wide unless the well sites are contiguons to
public right-of-way, in which case they should be 16 feet wide. The locations of the
two well fields are depicted on the RPUD Master Plan. This conveyance/dedication
shall occur at the time of Site Improvement Plan (SDP) or plat approval or similar
process for the area within the development phase that contains the easement. The
proposed easement areas shall be approved by the County Utilities Staff and shall be
conveyed to the County Water and Sewer District and shall meet the applicable
setbacks for water wells.
H:\2004U004112\WP\l'UD Rezone\2007\Resubmittal for continuance 5_07\Revised Application 6~OI-07 (21)clean.docPage 21 of24
B.
Agenda Item No. 17H
June 12.2007
. . . .. .Page209of210
The development shall be subJect to applrcatIon for and condItIOns assocIated with a
water and sewer availability letter from Collier County Utilities Division.
3. WATER MANAGEMENT REQUIREMENTS
The purpose of this Section is to set forth the water management commitments of the project
developer.
A. A bel11l may be shared will1 the properly to the south, the Bucks Run MPllD, along the
common propelty line.
B. An agreemcnt shall be cntered into between the Bucks Run MPUD and Boxwood
RPUD to gove1U maintenance of the common area prior to the issuance of the
subdivision plat.
4. AFFORDABLE HOUSING
The devcloper has corrunitted to construct 20% of the project's 207dwelling units as GAP and
workforce housing units in exchange for a density bonus of 3.0 dwelling units per acre.
5. ENVIRONMENTAL REQUIREMENTS
A. A Big Cyprcss Fox Squirrel Managcmcnt Plan shall be submitted to Environmental
Services Staff for review and approval prior to site plan/construction plan approval. If
protected species may be impacted, a Habitat Management Plan for those protected
species, or their habitats shall be submitted to Environmental Serviccs Staff for review
and approval prior to site plan/construction plan approval.
B. A eross section of the re-created preserve area, depicting topographic features, LS
attached as Exhibit G,
6. WALLS
A. Exhibit C-2 depicts the proposed wall and landscaping treatment along the north and
east property lines.
B. The wall to be constructed along the north and east property lines shall be constructed at
the earliest time possible during preparation of the site for development. The
landscaping shall be installed at the time ofthe issuance of the first building permit.
C. The wall along the south property line shall be a concrete block wall or a pressure
treated wood fence.
H:\2004\2004 t 12\ Vi'P\PUD Rezone\2007\ResubmiUal for continuance 5_ G7\Rcvised Application 6-01.07 (21 )[:lean.docrage 23 of24
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