Agenda 05/11/1999 R COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
Tuesday, May 11, 1999
9:00 a.m.
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER
PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY ADMINISTRATOR
PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED.
COLLIER COUNTY ORDINANCE NO. 99-22 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
ADMINISTRATOR AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WIL~ BE
HEARD UNDER "PUBLIC PETITIONS".
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A
RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO
ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD
INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS
PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRWOMAN.
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.
I. INVOCATION - Reverend Paul Jarrett, Naples Church of Christ
2. PLEDGE OF ALLEGIANCE
3. APPROVAL OF AGENDAS
A. APPROVAL OF CONSENT AGENDA.
B. APPROVAL OF SUMMARY AGENDA.
C. APPROVAL OF REGULAR AGENDA.
4. APPROVAL OF MINUTES
1
May ll, 1999
A. April 13, 1999 - Regular Meeting
..-_ B. April 13, 1999 - Workshop
C. April 20, 1999 ~ Workshop
5. PROCLAMATIONS AND SERVICE AWARDS
A. PROCLAMATIONS
1) Proclamation proclaiming the week of May 22-28, 1999 as National Safe
Boating Week. To be accepted by LUC. Arch D. Ward, Executive Officer,
Naples Power Squadron
2) Proclamation proclaiming the week of May 16-22, 1999 as Emergency Medical
Services Week. To be accepted by Ms. Diane F!agg, Chief, Emergency Medical
Services
3) Proclamation proclaiming the week of May 16-22, 1999 as Law Enforcement
Appreciation Week. To be accepted by Sheriff Don Hunter, Collier County
Sheriff's Office
4) Proclamation recognizing Elwood Wilt, Sr.
5) Proclamation proclaiming the week of May 9-15, 1999 as Rotary International
Group Study Exchange Week. To be accepted by Mr. George Drobinski,
District 6960 Group Study Exchange Chairman, Rotary International
B. SERVICE AWARDS
1) David Gigee, Road & Bridge - 20 Years
2) Steven Dornbusch, Wastewater Dept. - 10 Years
3) Donnal Holm, Revenue Services Dept. o 10 Years
4) Arthur Drury, Jr., Road & Bridge - 5 Years
5) Gordon Hazen, Parks & Recreation Dept. - 5 Years
6) Thomas Walsh, Water Dept. - 5 Years
7) Susan Kolanda, Pollution Control - 5 Years
8) Mark Linsay, Road and Bridge - 5 Years
C. PRESENTATIONS
1) Recommendation to recognize Julio Torres, Customer Service Representative
II, Public Works Engineering Department, as Employee of the Month for May
1999.
2) Presentation of the Family Friendly Workplace Designation Award from the
Naples Alliance for Children to be Presented by Myra Shapiro, Naples Alliance
for Children President.
6. APPROVAL OF CLERK'S REPORT
A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES
~ 7. PUBLIC PETITIONS
2
May 11, 1999
A. Ms. Terri Ellison representing Waldon Oaks Homeowners Association regarding a
speeding problem.
B. Mr. Richard Vetter regarding Westview Plaza PUD landlocking of lots.
8. COUNTY ADMINISTRATOR'S REPORT
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Progress report from the Comprehensive Plan Standards Ad Hoc Committee
2) Report to the Board on the Transportation Element of :he Collier County
Growth Management Plan.
3) Request by Attorney John E. Spiller to waive LDC requirements for a Site
Improvement Plan (SIP) for existing improvements on various properties
located in lmmokalee, Florida, and to amend the LDC to provide for an
administrative exemption from Site Development Plan or Site Improvement
Plan submittal.
B. PUBLIC WORKS
1) Approve an inter-fund transfer to the Immokalee MSTU to complete the
lmmokalee Main Street Beauti~cation Project and designate CR 846 and SR 29
as gateways into Collier County. (Companion item to 8(B)(2), Bid No. 99-2921)
2) Award Bid No. 99-2921 for the lmmokalee MSTU (Phase II-B) Median
~ Landscape Improvements along S.R. 29 to Hannula Landscaping, Inc. (As a
companion item to Funding Report under Section 8(B)(1) of the agenda).
3) Approve an Agreement for sale and purchase for property required to provide
for a Stormwater Management Pond in the Gateway Triangle area.
4) This item has been deleted.
5) Adopt a Resolution authorizing the Acquisition by Gift, Purchase or
Condemnation of road right-of-way, sidewalk, slope, utility, drainage,
maintenance and temporary driveway restoration interests by easement and/or
fee simple title interests for Pine Ridge Road between Airport-Pulling Road
(C.R. 31) and Logan Boulevard CIE No. 41.
6) Approve a Resolution to create the Golden Gate Parkway Water and
Wastewater MSBU District.
C. PUBLIC SERVICES
1) CONTINUED FROM 4/27/99 MEETING: Review of documents necessary to
create a Collier County Community Health Care Committee.
2) Authorization to negotiate the sales price of property adjacent to the Golden
Gate Community Center (GGCC) and appoint a Commissioner to act as a
liaison to assist with the negotiation of the price.
~ 3) Approve an agreement for sale and purchase for the purpose of acquiring Tract
"D" of Roberts Ridge, "Roberts Ranch", lmmokalee.
3
May l l, 1999
D. SUPPORT SERVICES
E. COUNTY ADMINISTRATOR
F. EMERGENCY SERVICES
G. AIRPORT AUTHORITY
COUNTY ATTORNEY'S REPORT
A. Recommendation that the Board authorize the office of the County Attorney to work jointly
with the Clerk of the Circuit Court to take all appropriate action to recover any monies
owed to the County by Southwest Florida Drama, Inc. or other entities or persons as a result
of the grant of Tourist Tax funds for the Epic Drama proposal.
10. BOARD OF COUNTY COMMISSIONERS
A. CONTINUED FROM 4/27/99 MEETING: Appointment of members to the Health Facilities
Authority.
B. Replacement of Ad Hoc Committee member.
C. Recommendation to declare a vacancy on the Public Vehicle Advisory Committee.
D. Item regarding employment of County Administrator.
1. OTHER ITEMS
A. OTHER CONSTITUTIONAL OFFICERS
I) Recommend that the Board of County Commissioners sign the Certification of
Acceptance for the State of Florida STOP Violence Against Women Grants
Program Subgrant Award #99-DV-Cl-09-21-01-009/Domestic Violence Unit
Project in the amount of $91,125.
B. PUBLIC COMMENT ON GENERAL TOPICS
PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS
12. ADVERTISED PUBLIC HEARINGS - BCC
A. COMPREHENSIVE PLAN AMENDMENTS
B. ZONING AMENDMENTS
I) Petition R-99-04, Richard D. Yovanovich of Goodlette Coleman & Johnson,
P.A., representing Naples Dinner Theater Associates, LTD. requesting a rezone
from C-1 to C-3 for property located on the north side of Piper Boulevard
immediately west of Cypress Way, further described as Block B, Palm River
Estates Unit 4, in Section 23, Township 48 South, Range 25 East, Collier
County, Florida, consisting of .77+/- acres.
4
May I1, 1999
2) CONTINUED FROM THE APRIL 27~ 1999 MEETING. PUD-93-01(4),
George L. Varnadoe of Young, van Assenderp & Varnadoe, P.A. representing
""'~ WCI Communities L.P. for an amendment to the Pelican Marsh PUD for the
purposes of adding specific regulations for boundary and proiect signage;
making provisions for fifty (50) special residential dwelling that may function as
rental units in conjunction with the hotel or golf course; and revising the
authorized amount of commercial development in the activity center district for
property bordered on the west by Tamiami Trail North (U.S. 41), on the east by
the future Livingston Road, and on the south by Vanderbilt Beach Road in
sections 25,27,34,35, and 36, Township 48 South, Range 25 East, Collier County,
Florida, consisting of 2072.88 + acres. (COMPANION TO DOA-99-01)
C. OTHER
1) CONTINUED FROM THE APRIL 27~ 1999 MEETING. DOA-99-01 George L.
Varnadoe of Young, van Assenderp & Varnadoe, P.A. representing WCI
Communities L.P. for an amendment to the Pelican Marsh Development of
Regional Impact (DRI) Development Order No. 95-01, as amended, for the
purpose of increasing the authorized amount of retail floor space by 57,500
square feet of GFA, an increase of fifty (50) hotel rooms, and a reduction in
medical office space of 25,000 square feet of GFA, for property bordered on the
west by Tamiami Trail North (U.S. 41), on the east by the future Livingston
Road, and on the south by Vanderbilt Beach Road in Sections 25,27,34,35,& 36,
Township 48 South, Range 25 East, Collier County, Florida, consisting of
2072.88+ acres. (COMPANION TO PUD-93-01-(4))
2) Adopt an Ordinance Amending Ordinance No. 97-37, the Reclaimed Water
~ System Ordinance; by adding Subsection B to Section Twenty-three,
Customer's On-site Reuse System; to establish policy regarding rates that the
County's Reclaimed Water customers may utilize to pass-through direct costs
to individual end users; providing for inclusion into the Code of Laws and
Ordinances; providing for Inclusion into the Code of Laws and Ordinances;
providing for Conflict and Severability; providing an Effective Date.
3) Petition VAC-009 to renounce and disclaim all rights and interests of the
County and public access (ingress/egress) and travel upon the following
roadways located within Foxfire Subdivision and Planned Unit Development:
those roadways depicted and described in the Plat of Foxfire Unit One, Plat
Book 13, Pages 84 through 86 and Foxfire Unit Three, Plat Book 13, Pages 101
through 103, Public Records of Collier County, Florida; providing for the
continuing and unaffected rights of easement holders, emergency medical and
fire services, Collier County water management vehicles and personnel, Collier
County Transportation vehicles, personnel, and permitting, and Collier County
water-sewer district vehicles and personnel; providing an effective date.
(COMPANION TO 12 C 4)
4) Ordinance amending Collier County Ordinance No. 72-1, as amended, which
created the Collier County Lighting District by removing Foxfire Unites 1 & 3
from the Collier County Lighting District. (Companion Item to 12(C)(3)
Petition VAC-99-009, Vacation of Platted Rights-of-Way in Foxfire Units One,
Two and Three).
13. BOARD OF ZONING APPEALS
A. ADVERTISED PUBLIC HEARINGS
5
May 11, 1999
1) Petition CU-99-4 Collier County Community Development and Environmental
Services Division representing the Board of County Commissioners requesting
"" the approval of a Conditional Use for boat docks as a permitted principal use in
the "RSF-4" residential single family zoning district for a property located on
the south side ofYa Street West and is further described as Lots 1 through 11,
Block H, Little Hickory Shores Unit #3, Replat, Collier County, Florida.
2) Petition NUC-99-01 Thomas E. Conrecode of the V Group of Florida, Inc.,
representing American Funding and Service Corporation, requesting a change
in use from a school to an indoor flea market for property located at 6800
Golden Gate Parkway in Collier County, Florida.
B. OTHER
14. STAFF'S COMMUNICATIONS
15. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS
16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action
will be taken by one motion without separate discussion of each item. If discussion is desired by a
member of the Board, that item(s) will be removed from the Consent Agenda and considered
separately.
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
~ 1) Adopt an interlocal agreement between Collier County and the City of Naples
to provide for a Floodplain Management (FEMA) Coordinator.
2) Satisfaction of Lien for Public Nuisance - Resolution 99-106
3) Award of Bid #99-2922 for artificial reef construction.
4) Request to approve for recording the final plat of "Ventura, Phase One" and
approval of the standard form Construction and Maintenance Agreement and
approval of the performance guarantee.
5) Request to approve for recording the final plat of "Ventura, Phase Two" and
approval of the standard form Construction and Maintenance Agreement and
approval of the amount of the performance security.
6) Adopt resolution approving transfer of Florida Cities Water Company - Golden
Gate Utility System to the Florida Governmental Utility Authority as
recommended by the Collier County Water and Wastewater Authority.
7) This item has been deleted.
8) Budget amendment for the Shellabarger Park Infrastructure Improvement
Project.
9) Request to approve for recording the final plat of "L'Ermitage II at Grey
Oaks" and approval of the Standard Form Construction and Maintenance
""' Agreement and approval of the amount of the performance security.
6
May 11, 1999
B. PUBLIC WORKS
---- 1) Approve Change Order related to the North County Regional Water
Treatment Plant 8-MGD Expansion, Bid 97-2690R, Project 70859/70828.
2) Recommendation that the Board terminate the Contract with J & J Baker
Enterprises, Bid ~o. 98-2878 for Emergency and Scheduled Sewage Hauling.
3) Acceptance of various Drainage Easements to provide for Flood Relief and
Drainage Outlets for those Properties North of US-41.
4) Adopt a Resolution approving a Memorandum of Agreement among the
Counties, Municipalities and other Coastal Governments of Collier, Lee,
Charlotte, Sarasota and Manatee Counties regarding Coastal Beach and Inlet
Management.
C. PUBLIC SERVICES
1) Authorization to approve an extension of an agreement with the Southeastern
Library Network (SOLINET) and permission for Chairman to sign agreement.
D. SUPPORT SERVICES
1) Approval of a Lease Agreement between Collier County and Florida Rock and
Sand Company, Inc.
2) This item has been deleted.
3) This Item Has Been Deleted.
4) Approval of 800 MHz Radio System Modifications and the Purchase Contract
to Achieve Year 2000 Readiness.
5) Report to the Board of County Commissioners Concerning the Sale of items
Associated with the County Surplus Auction of March 27, 1999.
6) Authorize Staff to Reject Proposals Received from RFP #98-2785, Department
of Revenue Integrated Software System.
E. COUNTY ADMINISTRATOR
I) Approval of membership in the National Association of Counties.
F. EMERGENCY SERVICES
I) Approve the Purchase of Two 1999 Yamaha Boat Engines
G. BOARD OF COUNTY COMMISSIONERS
H. MISCELLANEOUS CORRESPONDENCE
1) Satisfaction of Lien: NEED MOTION authorizing the Chairman to sign
Satisfaction of Lien for Services of the Public Defender for Case No.: 88-0650-
MMA
7
May 11, 1999
2) Miscellaneous items to file for record with action as directed
I. OTHER CONSTITUTIONAL OFFICERS
1) Recommend that the Board of County Commissioners update a document for
Third Year State Criminal Alien Assistance Program (SCA~.P) Grant Funds.
J. COUNTY ATTORNEY
1) Recommendation that the Board of County Commissioners approve the
Stipulated Final Judgment relative to the easement acquisition on Parcel No. 43
in the lawsuit entitled Collier County v. Community Development Corporation of
Southwest Florida-Hickory Bay West, et aL, Case No. 94-2934-CA (Bonita Beach
Road Four-laning Project No. 60021).
2) Request by the Collier County Educational Facilities Authority for approval of
a resolution authorizing the Authority to issue revenue bonds to be used to
finance educational facilities for International College.
K. AIRPORT AUTHORITY
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.
A) Petition R-99-2, D. Wayne Arnold, AICP, of Wilson, Miller, Barton & Peek, Inc.
representing M.J. Zuidema, Trustee for Land Trust #500967, requesting a rezone from
"A" rural agricultural to "C-4" for property located on the east side of U.S. 41 North,
north of the intersection of U.S. 41 and Old U.S. 41, in Section 9, Township 48 South,
Range 25 East, consisting of 7.9 +/- acres.
B) Petition PUD-99-2, Donald W. Arnold, AICP, of Wilson, Miller, Barton & Peek, Inc.
representing Kenney Schryver, as Trustee for Land Trust 98-101, requesting a rezone
from "A" Rural Agriculture to "PUD" Planned Unit Development to be known as
Venetian Plaza for professional offices and light commercial uses located on Vanderbilt
Beach Road (C.R. 862) '/4 mile west of Airport-Pulling Road (C.R. 31) in Section 2,
Township 49 South, Range 25 East, Collier County, Florida, consisting of 6.02 +/- acres.
C) CONTINUED FROM THE APRIL 27, 1999 MEETING. Petition PUD-98-21, David H.
Farmer, of Coastal Engineering, Inc. representing The Club Estates, L.C., requesting a
rezone from "PUD" to "PUD" Planned Unit Development in order to merge the Club
Estates PUD (Ordinance 97-69) and The Casa Del Sol PUD (Ordinance 89-70) to create
a new PUD known as The Club Estates PUD for property located on the west side of
C.R. 951 approximately one mile north of Rattlesnake Hammock Road, in Section 10,
Township 50 South, Range 26 East, Collier County, Florida, consisting of 254.7 + acres
D) WITHDRAWN (STAFF REQUEST) An ordinance of Collier County, Florida, to revise
and codify the County's policy regarding exemption from beach facilities parking fees;
findings and purpose; applicable beach facility locations; beach facility parking fee
rates. Vehicle exemption from beach facility parking fees for permanent Collier County
8
May 11, 1999
residents; proof of Collier County residency; Collier County parking citations;
restricted parking areas; prohibited parking at metered parking spaces; providing for
inclusion into the Code of Laws and Ordinances; providing for conflict and severability;
providing an effective date.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE
COUNTY ADMINISTRATOR'S OFFICE AT 774-8383.
9
May 11, 1999
A GENDA CHANGES
BOARD OF COUNTY COMMISSIONERS' MEETING
MAY 11, 1999
MOVE ITEM 17(A) TO 12(B)(3) - PETITION R-99-2, REZONE FROM "A"
AGRICULTURAL TO "C-4" FOR PROPERTY LOCATED ON THE EAST SIDE OF
US 41 NO. NORTH OF THE INTERSECTION OF US 41 AND OLD US41.
(COMMISSIONER GARTER)
NOTE: ITEM 5(A)(2) THIS ITEM WILL ALSO INCLUDE THE
PRESENTATION OF THE PHOENIX AI~YARDS. PROCLAMATION
PROCLAIMING THE WEEK OF MAY 16-22 AS EMERGENCY MEDICAL
SERVICES WEEK.
PROCLAA4A TZON
WHEREAS, each year more Americans are choosing recreational boating as an
ideal way to relax with their Families and Friends,' however, what
starts out as a pleasant cruise often ends in tragedy because
boaters Fail to teach their Families to swim, Fail to properly equip
their craft with personal Flotation devices and other protective
equipment, or Fail to instruct their passengers in the use of such
devices prior to a bootin9 cruise,' and,
· WHEREAS, every year hundreds of lives are lost in boatin9 accidents. These
Fataeries can be reduced and boatin9 made more pleasurable if those
who engage in it will emphasize knowledge, care and the courtesy
necessary for safe boating,' and, ,:
WHerEAS, ~he need For
such 1958 (72 Star.
one week os
NOW of
I999 b~
DONE AND
CONIMZS$IONER$
FLORIDA
PAMELA 5. MACKZE, CHATRWOMAN
D W-rGHT E BROCK, CLERK
MAY I 1 1999
PROCLAA4A TI'ON
WHEREAS, emergencY medical services/s a vital and irreplaceab/e public safety
service,' and,
WHEREAS, the Paramed/cs of the Collier County emergencY A4ed/cal Services
Department are ready to pray/de/iresaving care to those/n need e4
hours a day, seven days o week,' and,
WHEREAS, access to quality emergencY medical care dramatically improves the'
survival and recovery rate of those who experience sudden illness or
injury,' and,
WMEREAS, emergency medical services proriders have traditionally served as
the safety net of Amer/ca~ health care system,' and,
WHEREAS, the
~roin/n9 and
I ski/Is,' and,
WHEREAS,
WHEREAS,
bya
NOW
1999 be
DONE AND ORDERED
~OARD OF COUNTY COMMTSSZONERS
COLLIER COUNTY, FLORTDA
t
PAMELA S. MACKIE, CHAIRWOMAN
A TTE5 7':'
b H/ZGHTE BROCK, CLERK
NAY 11 1999
/
P<:j.,, /
PROC.LAA4A T.Z'ON
WHEREAS, the problems of crime touch oil segments of our society
and can undermine and erade the moral and economic
strengths of our caromunifies; and,
WMEREAS, we are fortunate that law enforcement officers from a//
area agencies dedicate themselves to preserving law and
order and the pub//c~ safety; and,
V/MEI~EAS, we recognize that the men and women/n law enforcement
" risk their lives on a daily basis to protect our citizens and
maintain social order,' and,
WHEREA-~, we to recognize our law
take their work
for,
NOW !unty
t the week of ,
I,f/EEK
DONE AND
PAMELA 5. MAC'KIE, CHAIRWOMAN
A TTE5 T:
AGENDA ITEM
MAY 11 1999
Pg.. [
PROCLAA4A TZOIV
14/HEREAS, the communities of Palm River and WillouphbY Acres are stron9,
diverse communities 9iv/fig retirees as well as youn9 families a safe,
enjoyable p/ace to call 'home",' and,
VFHEREAS, E/wood W/if, St. Was instrumental/n the development of PV///ouphby
Acres and remains the last I/ring member of the individuals
responsible for the development of Palm River,' and,
WHEREA5, E/wood ~'tt, St. was well known for his advocacy and generosity and
has 9/yen unselfishly of himself here/n Collier County,' and,
PVHEREA5, E/wood W/St, St. spearheaded a group of hard workin9 dt/zens which
resulted in the construct/on of a safe and much needed access for
the residents of these communities.
NOW THEREFORE be it ~/ Commissioners of
Col/lee CounI the citizens of
Palm 'so hard to show the
bridges to
bONE AND
CHAZRWOMAN
A TTE5 T:
DWZGHT E ~ROCK, CLERK
AGENDA ITEM
N
MAY
Pg.
PROCLAA4A T.Z'OAI
WHEREAS, we we/coine the Rotary International Group Study Exchange Train
froin Rotary International District 2050 in A4ilan, Italy to Collier
County, F/or/do,' and,
WHEREAS, the Rotary Foundation of Rotary International Group Study
Exchange Progroin has sent to us o tedIn of six professionals who ore
visitin9 Collier County to study our institutions and way of life,' and,
WHEREAS, the train Ineinbers will o/so observe the practice of their own
professions and exchange ideas; and,
WHEI~EAS, the train is able to foinily lifestyles as they
ore hosted b
occoininodei~Bh~,
WHEREAS, supported by
NOW of
WEEK
bONE ANb
FLORIDA
PAMELA S. MACKZE, CHAIRWOMAN
ATTEST.'
b WIGHT E BROCK, CLERK
Ai2END,~ T "
MAY 11 1999
/
EXECUTIVE SUMMARY
RECOMMENDATION' TO RECOGNIZE JULIO TORRES, CUSTOMER SERVICE
REPRESENTATIVE II, PUBLIC WORKS ENGINEERING DEPARTMENT, AS EMPLOYEE OF
THE MONTH FOR MAY 1999.
OBJECTIVE: The "Employee of the Month" Program is designed to recognize exceptional
performance plus uniquely identifiable contributions which produce significant results for the
County.
CONSIDERATIONS:
Julio Torres has been employed with Collier County since 1998. Working in the Public Works
Engineering Department as a Customer Service Representative II, Julio's job is full of many
demands from the public as well as his co-workers. He meets this challenge every day in a
very patient, professional manner. Julio has developed a Personal Office Log for this
department which consists of general duties and actions taken on daily situations, which has
resulted in higher productivity. Julio also developed a systematic mechanism for tracking the
County vehicles. This system can give information on each department vehicle from the
mileage on the vehicle to ensuring the vehicle's insurance cards are current and posted.
Julio is responsive and professional in responding to customers. On numerous occasions he
has escorted customers to the door while giving them directions to other offices located on the
campus. Julio is an alert, self-disciplined employee with a very positive attitude and is very
deserving of the recognition of Employee of the Month.
FISCAL IMPACT: "Employee of the Month" selectees receive a $50.00 cash award. Funds for
this award are available in the Department Budget Cost Center.
RECOMMENDATION: That Julio Torres, Customer Service Representative II, Public Works
Engineering Department, be recognized as the "Employee of the Month" for May 1999.
AM:~~SeCretary
I(Aicl'(ael A. McNees, Assistant County Administrator
Staff Liaison to the Employee Advisory Committee
~oG E,~,.N E~tITEM ._
HAY 11 1999
P~
EXECUTIVE SUMMARY
PRESENTATION OF THE FAMILY FRIENDLY WORKPLACE DESIGNATION
AWARD FROM THE NAPLES ALLIANCE FOR CHILDREN TO BE
PRESENTED BY MYRA SHAPIRO, PRESIDENT, NAPLES ALLIANCE FOR
CHILDREN.
OBJECTIVE: To accept the designation of Family Friendly Workplace designation by
the Naples Alliance for Children.
CONSIDERATION: This year, the Naples Alliance for Children (NAFC), a local
advocacy group, developed a list of Family Friendly Workplace criteria in an effort to
recognize local employers who have workplace policies and programs that assist
employees in taking an active role in raising their children. Local businesses that
exemplify a family friendly workplace by meeting some or all of the established criteria
will receive the NAFC Family Friendly Business designation.
Collier County Government submitted policies and program information for
consideration and has been notified by the Naples Alliance for Children that it has earned
the Family Friendly Business designation for 1999. Plaques will be presented to the
initial group of designees at the twelfth annual NAFC Advocacy Dinner, May 13, 1999.
FISCAL IMPACT: NONE.
GROWTH MANAGEMENT IMPACT: NONE.
RECOMMENDATION: Accept the designation of Family Friendly Workplace by the
Naples Alliance for Children.
APPROVED BY:'~'~f~ J.~Ediards ?Date:
HAY 111999
Pg,
COLLIER COUNTY ADMINISTRATOR'S OFFICE
3301 E. TAMIA~MI TRAIL
NAPLES, FL 34112
(941) 774-8383
FAX (941) 774-4010
A CERTIFIED BLUE CHIP COMMUNITY
Ms. Terri Ellison, President
Waldon Oaks Homeowners Association
7009 Lone Oak Blvd.
Naples, Florida 34109
Re: Request for Public Petition - Waldon Oaks - Speeding Problem
Dear Ms. Ellison:
Please be advised that you are scheduled to appear before the Collier County Board of
.,... Commissioners at the meeting of May 11, 1999 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 am. in the Board' s Chambers on the Third Floor of the
Administration 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.
Very truly yours,
RObert F. Fernandez
County Administrator
RFFPop
p cc: County Attorney
Public Works Division .~2 /
MAY 11 I899
RECEIVED COUNTY ADMINISTRATORS OFFICE
. ~LE
NAY 11 I999
pg. ,3,. _
Sunday, April 4, 1999
Robert Fernandez
County Manager
Dear Mr. Fernandez:
On behalf of the Board of Directors and residents of Waldon Oaks I am
requesting the Collier County Sheriffs help in assisting us in controlling the problem we
have with speeders in our development. Since our roads are private we understand that
permission must be granted through you and the Board of Commissioners. I believe that
tim proper procedure is to request through you a public petition. Would you please
inform me as to tile procedure and ira public petition is necessary would you grant us
one. We appreciate anything you can do to assist us in this matter.
Repecffully.
Terri Ellison, President
Waldon Oaks HomeGwuers Asso.
7009 Lone Oak Blvd. Naples, F1. 34109
Tele: 514 -3194 Home 262 - 0202 Bus.
MAY 11 iBgg
F i i: No. 2':' 'o *:':., 20 ' 99 *" ~' P~GE
,~_ ~,~:*- ID:CC TR~NSPCiRTW:':ON FAX:77~ 5375
Collier County
Transportation Services Department
Memorandum
To: Chic.rJackjc K. linc
Collier Gaunt}' She:'ifPs OF~c~
From: Edward .1. KanL P.E. ~,)
Transportation ServiCO~ Director
Date; April ', 3, 1 O0,"j
Re: Request Ibr Patrols on ,'XOn-(j'OLInLv ~,f~,inta{ncd Roadways in %";Zd~m Oaks
I spoi<c with .l;ckic in She:'~FF ltumcr's n[17cc and site directed mc to your oL'i]cu.
AtLachud is a request I'rom the Waldon ()ak~ ~u ~di~ ~inn fbr rnnd palrols t<> assist in
cuz'bi'.~; Lr:ffRc h:lVz~ct~>ns w~fi~n d~aL c~m~n:Jzfi:},. ~ is my tmd¢rstandin;, based on my
conversation ~vi th Jacki~, [h;fi vnu ~.i l} review fi~s request a. nd dc[crmmc ij'you can
acco:::nod;tc ~t. P:cnse ~cl u~ know th~ rcsuhs oFvour review.
IF !here ;:re ~tn,, ~;J~t~olls ~' ii' you scu]~ ~ddin{m:~', in ',:~rm~:i~m, pie:[so col~tL~ct 11~c a[ 77J-
COLLIER COUNTY ADMINISTRATOR'S OFFICE
3301 E. TAMIAMI TRAIL
NAPLES, FL 34112
(941) 774-8383
FAX (941) 774-4010
May 3, 1999
A CERTIFIED BLUE CHIP COMMUNITY
Mr. Richard Vetter
4000 Bayshore Drive
Suite A
Naples, Florida 34112
Re: Request for Public Petition - Westview Plaza Replat/Westview PInTn PUD
Dear Mr. Vetter:
Please be advised that you are scheduled to appear before the Collier Count~' Board of Commissioners at
the meeting of Mav 11, 1999 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 bv 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 Administration
Building (Building "F") of the government complex. Please arrange to be present at this meeting and to
respond to inquiries bv Board members.
If you require anv further information or assistance, please do not hesitate to contact this office.
Very truly >'ours,
._
._ ': _ _~, ! . ~_ ,,-:° .; !_,
Robert F. Femandez'
County Administrator
RFF/bp
cc: County. Attorney
Communi~' Development Division
Public Works Division'
MAY lSBS
!~g.
RECEIVED COUNTY ADMINISTRATORS OFFICE
4000 Bayshore Drive, Sui~EA hi ~i'-~ '
Nap.les, Florida 34112
May 3, 1999
Mr. Robert Fernandez
Collier County Manager
Administration Building
3301 East Tamiami Trail
Naples, Florida 34112
Re: Westview Plaza Replat/Westview Plaza PUD
Dear Mr. Fernandez:
I own most of the lots within Westview Plaza, which was
initially platted in 1981, was the subject of a recent replat, and
which fronts on Westview Drive.
,-- This same property, consisting of twelve platted lots, was
originally designed to have legal access to the east onto Donna
Street. In approximately 1983, the Board of County Commissioners
directed that the access onto Donna Street be blocked and that
access be obtained from the west via Westview Drive. Westview
Drive is a paved road which has been in existence for over thirty
years, and on which approximately 10-12 other developed parcels
abut and which are served by it.
No construction has taken place on the Westview Plaza lots,
although there are now pending plans for construction on seven of
the twelve lots.
The largest potential purchaser and developer of lots within
Westview Plaza is the Boys & Girls Club, Inc., which intends to
purchase either four or six of the lots at the end of Westview
Drive abutting the closed entrance onto Donna ~S~reet.
Legal counsel for the Boys & Girls Club, Inc. has advised that
there is flawed legal access down that portion of Westview Drive
extending between the Westview Plaza lots and Airport Road. The
ingress and egress easements existing over those lots lying west of
Westview Plaza, and thus between Westview Plaza and Airport Road,
are subject only to private easements which do not legally confer
access for the benefit of the Westview Plaza property.
Thus the legal access originally created onto Donna Street,
which was ordered closed by the Board, is unavailable, and access
down the portion of Westview Drive lying between Airport'R
the Westview Plaza lots is not legally sufficient.
MAY 11 1999
Mr. Robert Fernandes
Collier County Manager
May 3, 1999
Page -2-
/
The Board of County Commissioners and the County planners
recently expressed their desire and intent that access to the
Westview Plaza lots be provided down Westview Drive, that Donna
Street remained blocked, to be used by the Boys & Girls Club, Inc.
only for secondary access.
I would like the opportunity to request the Board of County
Commissioners to take one of two actions; first, that title to, or
easements over, Westview Drive be obtained by the County so as to
make it a County Road, and thus available as access for the
Westview Plaza property, or secondly, that Donna Street be reopened
as originally planned.
My preference, as well as that of the Boys & Girls Club, Inc.
is the former.
In either event, legal access to the Westview Plaza lots must
be secured and provided so that sales of property and planned
development may proceed.
I note that County staff from the planning, legal and
transportation departments are already somewhat familiar with this
problem, as discussions have been had with them in an attempt to
permit development in Westview Plaza.
Please place this item on the next available agenda of the
Commissioners, and notify me as to the time and date of the
meeting.
Thank you for your assistance.
Sincerely,
cc: Boys & Girls Club, Inc.
Att: Holly Harmon, Esq.
e5/'C5,'155~ !C: z5 .... ; .... '
---- Treadwell, Erickson, Cimino, McElrarh &Harmon
Attorneys at Law
,4 partnershzp including ,~rofe~stonat association~
Northern Trust Building Thomas L. Treadwell ·
4.001 Tamiaini 'B'ail North Charles P. Etickson, P.A.*
Suite 250 Richarcl D. Cimino, P.A. *
Naples, Florida 34103-3591 David McElrath, P.A.
Holly A. Harmonc, P.A-
Telephone (941) 262-1202 'Also aatntttecl m SOUl* CQr~hno
Facsimile (941) 262-5219 Ul, o admuted in Nehtl~:a and
~l~c~n~ CertlfJfd Real E~t~t{, Attort~'
May 3, 1999
VIA FACSIMILE TRANSMISSION #774-4010 AND U.S. MAIL DELIVERY
Robert Hernandez. County Administrator
BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY
3301 Tamiami Trail East
Naples. FL 34112
RE: Boys & Girls Club of Collier Count,,., Florida, Inc.
Richard Verter, as Trustee
Lots 1.2.11 & 12, WESTVIEW PLAZA REPLAT
Dear Mr. Herrmndez:
Please accept this letter as a formal public petition by the referenced parties for placement
on the May 11. 1999 agenda of the Board of County Commissioners of Collier Count>,, Florida
of the following matter:
Boys & Girls Club of Collier County. Florida. Inc. is the contract purchaser from Richard
Verter, Trustee of the referenced lots in Collier Count>,. The lots are located at the east end of
Westview Drive at its intersection with Donna Street (a public county road). The portion of
Westview Drive which abuts the Westviexv Plaza lots is a public road and is currently being
makntain~ by the County, having been dedicated in the plat of Westview Plaza Plat recorded in
Hat Book 13, at Page 50, and the Westview Plaza Replat recorderie in Plat Book 30, at Pages 89
and 90. of the Fublic Records of Collier County, Florida (see attached cop>' of replat).
The Westview Plaza Planned Unit Development Ordinance, as amended (the only
references I have are to Nos. 83-45 and 97-179) expressly prohibits access to the Westvie,.,,' Plaza
lots via Donna Street and directs that access exist only from Airport Road (Westview Drive runs
east from Airport Road to Donna Street). A concrete barricade was erected at the County's
insistence at the aforementioned intersection. The pertion of Westview Drive (approximately 1.300
feet which extends east from Airport Road to the western boundary of the Westview Plaza lots)
is not a public road right of way. and appears tn he privately owned. The Count'y's actions restrict
the parties' only legal means of access to the lots. and necessitates access from Airport Road
MAY
C5,,'02. Z555 !C:~ 5lSZEZ~Zl5 .xL-Z--E__, E' ;_. F~GE .2Z
Robert Hernandez, County Administrator
May 3, 1999
Page Two
In order to avoid "landlocking" of the Westview Plaza lots, the County should accept a
dedication of. and responsibility' for maintenance of, the portion of Westview Plaza east of Airport
Road to the westerly boundary of the Westview Plaza lots.
All interested parties met with David Weigel. CounLv Attorney, on Monday. April 26.
I999. Please feel free to discuss the matter with him as you deem appropriate.
J. Dudley Goodtette, Esquire and Holly A. Harmon. Attorney at Law will appear at the
Mav l lth meeting on behalf of The Boys & Girls Club, and Ronalcl W. Ritehie, Esquire will
ap~ar at said meeting on behalf of the propert}' owner, Richard Vetlet, as Trustee.
Thank you in advance for your prompt anention to this matter.
Sincerely, - , Sincerely.
Holly A. Harmon Ronatd W. Ritehie. Esquire
HAH/bs
Enclosure
cc: J. Dudley Goodlette. Esquire, Goodlette, Coleman & Johnson, P.A.
Arlene Austin. Attorney at Law
Pg ~
EXECUTIVE SUMMARY
PROGRESS REPORT FROM THE COMPREHENSIVE PLAN STANDARDS AD
HOC COMMITTEE
OBJECTIVE:
To have the Comprehensive Plan Standards Ad Hoc Committee brief the Board on its progress
and tentative recommendations.
CONSIDERATION:
On April 13, 1999 the Board established the Comprehensive Plan Standards Ad Hoc Committee
to recommend natural resource standards for the Growth Management Plan' s proposed
settlement agreement. The committee will have met four times between its creation and the May
11, 1999 Board meeting.
Staff has learned that the DCA will require the County to provide a response during the week of
May 17, 1999. The committee, therefore, has recommended that it brief the Board on its findings
and tentative recommendations prior to this response. The committee has scheduled a meeting
for May 7 in order to be responsive to the DCA schedule.
FISCAL IMPACT:
Not applicable.
GROWTH MANAGEMENT IMPACT:
The committee is tasked with recommending standards to protect the County' s natural resources.
Upon approval by the Board, these standards will be incorporated into the County' s Growth
Management Plan.
RECOMMENDATION:
That the Board accept the report of its Comprehensive Plan Standards Ad Hoc Committee.
2~tfiriam D. I~rinz, Jr., P.E.; l~at~'r'al Resources Director
APPROVED BY: ~ ~' ~' Date: Y"'
Vincent A. Cautero, AICP, A~nistrator
Co~unity Development & Environmental Services
HAY 1 I 1999
EXECUTIVE SUMMARY
A report to the Board on the Transportation Element of the
Collier County Growth Management Plan.
OBJECTIVE: To provide the Board with a comprehensive update on the
Transportation Element of the Collier County Growth Management Plan. In particular,
the intent of this report is to identify the major Goals and Policy Objectives of the
Element, and to analyze the continued appropriateness of these goals and objectives,
and the measures thereof. Where the Element prescribes specific action on the part of
the County, or sets forth minimum levels of service (LOS) standards, this report
provides a status update and staff recommendations with respect to outstanding
policies objectives, or LOS concerns.
BACKGROUND: The Transportation Element has one goal:
GOAL 1: TO PLAN FOR, DEVELOP AND OPERATE A SAFE, EFFICIENT, AND COST
EFFECTIVE TRANSPORTATION SYSTEM THAT PROVIDES FOR BOTH THE
MOTORIZED AND NON-MOTORIZED MOVEMENT OF PEOPLE' AND GOODS
THROUGHOUT COLLIER COUNTY.
There are twelve objectives in the Transportation Element:
OBJECTIVE 1:
The County will maintain the major roadway system (excluding State highways) at an
acceptable Level of Service by implementing improvements to the following roadways that have
been identified as operating below level of service "D".
CIE
__~ Roadway From T_go
31 Bonita Beach Road W. of Vanderbilt Drive
OBJECTIVE 2:
The County will maintain the adopted Level of Service standard as provided for in Policy 1.3 by
making the improvements identified on the Five (5) Year Future Traffic Circulation Map.
OBJECTIVE 3:
The County shall provide for the protection and acquisition of existing and future right-of-ways.
OBJECTIVE 4:
The County shall provide for the safe and convenient movement of pedestrians, and motorized
and non-motorized vehicles through the implementation of the Collier County Co~
· ," -' X'GLtI4OX ~TEM
Pathway Plan.
NAY 11 1999
OBJECTIVE 5:
The County will coordinate the Transportation System development process with the Future
Land Use Map.
OBJECTIVE 6:
The County shall coordinate the Transportation Element with the plans and programs of the
State, Region, and other local jurisdictions.
OBJECTIVE 7:
The County shall develop and adopt standards for safe and efficient ingress and egress to
adjoining properties, as well as encourage safe and convenient on-site traffic circulation.
OBJECTIVE 8:
The County shall establish and maintain a "Concurrency Management System" for the
scheduling, funding, and timely construction of necessary road facilities.
OBJECTIVE 9:
The County shall encourage neighborhood involvement, and safe and pleasant conditions for
the residents, pedestrians, bicyclists and motorists on neighborhood streets, through the
implementation of the Collier County Neighborhood Traffic Management Program(NTMP).
OBJECTIVE 10
The County shall encourage safe and efficient mobility for the rural public.
OBJECTIVE i 1
The County shall maintain County owned airport facilities as attractive, efficient, safe, and
environmentally compatible facilities
OBJECTIVE 12:
The County shall encourage the efficient use of transit services now and in the future.
CONSIDERATIONS:
Progress Report:
A. Policies For Which Staff Suggests No Changes -
With the exception of Objective 1, staff suggests no changes to the objectives. The
twelve objectives contain 53 policies. The following policies are similar in that staff
suggests no changes to them. They tend to describe actions which have been
completed, or are completed annually, or describe situations which are still true.
Policy 1,1:
""' The County will annually adopt an Annual Update and Inventory Report (AUIR) covering a
period no less than five (5) years, which shall include those projects needed to m.'-;"*";- "--
...... ;k~d~qOA d"r,M
network at the adopted Level of Service standard. No.~
NAY 11 1999
pg._ ~f,
L_
Policy 1.2:
The County shall annually appropriate the funds in the ensuing fiscal year to accommodate
those phases of projects listed in the first year of the Annual Update and Inventory Report
(AUIR). All programming decisions are based on the AUIR, and annually incorporated in the
Schedule of Capital Improvements in the CIE.
Policy 2.1:
The County shall include in its Schedule of Capital Improvements in the Capital Improvement
Element those projects necessary to maintain the adopted Level of Service on the roads
identified on the Five (5) Year Future Traffic Circulation Map.
Policy 3.2:
The County includes in its annual Capital Improvement Element no less than $200,000 per year
specifically earmarked for use in an advanced Right-of-Way Acquisition Program. By
December 1997 a study shall be conducted to identify the long range right-of way needs of the
transportation system based on buildout. Following the completion of this study, the funding
set-aside may be amended to more accurately reflect the County's annual need.
Policy 4.1:
The County shall, incorporate the Collier County Comprehensive Pathway Plan by reference
and update the Plan as needed.
Policy 4.4:
The County'shall annually adopt a 5 Year Pathway Work Program which establishes pathway
priorities to retrofit existing streets to accommodate bicycles and pedestrians.
Policy 4,5:
The County shall, to the greatest extent possible, identify state and federal funds and provide
local funds for the implementation of the 5 Year Pathway Work Program.
Policy 4.6:
The County shall provide for the safe movement of motorized vehicles through implementation
of its Land Development Code and highway design standards ordinances and shall incorporate
both bike lanes and sidewalks in new construction and reconstruction of roadways.
Policy 4.7:
The County shall incorporate bike lanes in roadway resurfacing projects.
Policy 4.8:
The County shall follow the most current bicycle and pedestrian facilities design and
construction standards developed by the Florida Department of Transportation.
Policy 5,1:
The County Commission will review all rezone requests with consideration of their impact on the
overall system, and shall not approve any such request that significantly impacts a roadway
segment already operating and/or projected to operate within one year at an unacce ~table
Level of Service unless specific mitigating stipulations are approved. AGElt:)A ITEM
No.
I AY 11 1999
pg, ~*
Policy 5.2:
Significant Impact is hereby defined as generating a volume of traffic equal to or greater than
5% of the Level of Service C peak hour volume of an impacted roadway.
Policy 6.2:
The Transportation Element shall consider any and all applicable roadway plans of the City of
Naples, Southwest Florida Regional Planning Council and Lee County.
Policy 6.3:
The Transportation Element shall be consistent in its interface into the arterial/collector system
within the City of Naples.
Policy 6.4:
The Transportation Element shall consider the State's adopted Five (5) Year Work Program,
the Florida Transportation Plan, and the State Land Development Plan.
Policy 7.4:
The County shall develop corridor management plans (see the Future Land Use Element) that
take into consideration urban design and landscaping measures that will promote positive
development along the major arterial entrances to the urban area.
Policy 7.5
.---- The Collier County Streetscape Master Plan approved by the Board of County Commissioners
shall provide for a comprehensive plan to address the design, implementation, and
maintenance standards for landscaping enhancements along major road corridors. This Plan
also identifies a sequence for roadway enhancements and potential funding sources.
Policy 8.1
Each year, the county will use short term projections of previous years' traffic volume growth to
estimate the year in which LOS deficiencies will occur on county roads. This information will be
used to prepare the annual update of the county's Capital Improvement Element for roads, in a
manner that ensures the maintenance of concurrency on road facilities.
Policy 8.2
Pursuant to Chapter 163.3180 F.S., and in accordance with the Collier County Adequate Public
Facilities Ordinance (Land Development Code Section 3.15), development proposals shall be
required to submit traffic impact analyses, the level of detail of which shall be determined by
the total number of new trips generated by the development.
Policy 9.1
The County shall incorporate the Neighborhood Traffic Management Program by reference and
update as needed.
Policy 9.2
The County shall provide for support services, resources and staff to coordinate the Program.
/
AGF. NOA iTT, IvI
HAY 11 1999
P&. :~/...
Policy 9.8
The County shall employ a variety of traffic calming devices to achieve the NTMP'S objectives
for a project. Such traffic calming devices shall be planned and designed in conformance with
sound engineering and planning practices.
Policy 9.9
To implement the NTMP, certain procedures shall be followed in processing neighborhood
traffic management requests in accordance with applicable codes and related policies and
within the limits of available resources. At a minimum, the procedures shall provide for:
submittal of project proposals;
evaluation of proposals by staff;
citizen participation in plan development and evaluation;
methods of temporarily testing traffic management plans when needed;
communication of any test results and specific findings to area residents and
affected neighborhood organizations before installation of permanent traffic
calming devices; and
appropriate County Commission review.
Policy 10.1
The County shall develop a program to examine the maintenance and operational needs of the
rural roadway system. This program will address the mobility needs of the rural resident to
include the availability of roads for rural-to-urban travel, as well as for hurricane evacuation
purposes.
Policy 10.2
The County shall continue to improve transit services for the Transportation Disadvantaged in
the rural areas through the Community Transportation Coordinator (CTC).
Policy 11.1
The County shall incorporate by reference the Immokalee Regional Airport, Everglades Airpark,
and Marco Island Executive Airport Master Plans.
Policy 1 t .2
The Collier County Airport Authority. shall determine the most cost effective and efficient means
for implementing future facility plans outlined within the airport master plans.
Policy 12.4:
The County shall, in recognition that the potential for public transit service between Bonita .
Springs in Lee County and Naples exists, consider any intergovernmental eftotis necessary.
Policy 12.6:
The County will participate in the MPO planning process by maintaining a voting presence on
the Technical Advisory Committee to the MPO.
Policy 12.7:
Following the adoption of any transit development plan, the County shall initiate the
development of transit right-of-way and corridor protection strategies, including ordin~ ~,'.,~ o"'~
AG~j, IDA IYEDw
policy additions. No. ~ ~ ~
NAY 11 1999
Policy 12.8:
Any adopted transit development plan shall include an acceptable level of service standard for
transit facilities.
Policy 12.9
The County shall include capital expenditures for any adopted transit development plan in the
Capital Improvement Element.
B. Policies For Which Staff Suggests Changes
Staff suggests changes to Objective I and all of the following policies. The suggested
changes follow each objective or policy.
OBJECTIVE 1:
The County will maintain the major roadway system (excluding State highways) at an
acceptable Level of Service by implementing improvements to the following roadways that have
been identified as operating below level of service "D".
CIE
fit Roadway From T__o
31 Bonita Beach Road W. of Vanderbilt Drive
Comments
The list should be updated to remove the above segment and to include the following segments
that are operating below level of service D.
41 Pine Ridge Rd. Airport Rd. to 1-75
Airport Rd. Golden Gate Parkway to Radio Rd.
62 Golden Gate Blvd. CR951 to Wilson Blvd.
Immokalee Rd. iCR 95~ to Wilson Blvd.
Policy 1.3:
County arterial and collector roads shall be maintained at Level of Service "D" or better on the
basis of the peak season peak hour traffic volume.
Level of Service "E" or better shall be maintained on the following designated roadways.
Roadway From T._9o
Airport-Pulling Road Pine Ridge Road Golden Gate Parkway
Golden Gate Parkway Airport-Pulling Road Santa Barbara BIrd.
---- Goodlette-Frank Road Pine Ridge Road Golden Gate Parkway ,,
~ Goodlette-Frank Road US 41 Golden Gate Parkway ;' A~ENOAITEM
Pine Ridge Road Airport-Pulling Road 1-75 No.
11 1999
Comments
This tame should be updated to include the following two State road segments.'
Tamiami Trail East [Four Comers to Davis Blvd. 1
Tamiami Trail North Pine Ridge Rd. to Solana Rd.
The County has declared as "constrained" the following segments:
From To
Vanderbilt Beach Rd. Gulfshore Dr. U.S. 41
Level of Service "D" or better shall be maintained on all other arterial and collector roads,
however, any section of road may operate at Level of Service "E" for a period not to exceed two
(2) fiscal years following the determination of Level of Service "E" in order to provide the County
with time to restore Level of Service "D" by making appropriate improvements.
The Naples (Collier County) MPO shall determine the optimum LOS for each county road
segment. This will be done by more accurately identifying the traffic volumes that correspond to
the different LOS thresholds on county roads, and more accurately quantifying the peaking
characteristics of traffic on county roads. The first component of this is to update the LOS
tables in the Transportation Element to best reflect current conditions on county roads. The
second component is to begin installing, as funds permit, permanent traffic count stations, to
better identify the peaking characteristics of traffic on county roads. The third component will
be to amend the Capital Improvements Element to implement findings.
Comments:
Staff will be amending the Transportation Element to include the revised service volumes. The
permanent count stations have yet to accumulate enough data to quantify peaking
characteristics.
The text needs to be changed to reflect the new name for the MPO: The Collier County
Metropolitan Planning Organization. ;
Policy '1,4:
For the purpose of regulating development orders, Collier County has adopted the following
level of service standards for state maintained roads:
Existing Transitioning
Rural Area Urbanized Area Urbanized Area
I- 75 B C C
US- 41 C D* D
SR- 84 C D D
SR-951 - D D* '
SR- 29 C -
SR- 82 C - No.~
N ,y 11 1999
It should be noted that FDOT has different LOS standards for state roads. The Naples (Collier
County) Metropolitan Planning Organization shall conduct a study to research the implications
of these different LOS Standards that FDOT has established for state roads by area type.
Establishing unreasonably high LOS standards in the fringe "transitioning urban area" may
require the diversion of revenues from more congested areas with lower levels of service
standards, in order to maintain the high standards established in the outlying areas.
Comments
Collier County now has the latitude to set the minimum standard LOS on a~ state roads except
Interstate 75.
Interstate 75 from Immokalee Road to the Lee County Line has a minimum standard LOS of C,
which corresponds to an average annual daily traffic (AAD T) volume of 47, 700 vehicles. The
1997 AADT was 49,500, the ~998 AADT was 56,000, and the estimated AADT for ~999 is
56, 600 vehicles. Thus, this segment is currently operating in a deficient LOS condition. The
MPO passed a Resolution urging the FDO T to include this segment in its Florida Intrastate
Highway System (FIHS) Cost Feasible network. It is currently included in the FIHS Needs
network, without state funding identified to improve it.
Staff will study this situation in detail and make further recommendations. Given the amount of
time involved in the construction of the Livingston Road segment from Immokalee Road to
Bonita Beach Road, and the completion of widening of U.S. 4~ North, it now seems unlikely that
the completion of those two facilities will correct the deficiency on 1-75 that will exist when they
are finished. Possible responses by the County to this situation are:
· Do nothing and wait for FDOT to program an improvement to 1o75 as part of their FIHS
improvement program. This is the response Lee County is choosing on their deficient 1-75
segments. Staff has no estimate of when that would happen.
· Move the improvement of this 1-75 segment upward in the Unfunded Priorities List the MPO
submits annually to FDOT to guide their work program development, Even as the top
priority this year, the result would be the inclusion only of the preliminary design phase in
the new fifth year (04/05), with construction several years to follow. The improvement would
be constructed with funds available for other non-FIHS projects in the county. With the
appearance of construction funds in the State work program, the County could construct the
improvement with its own funds and be reimbursed by the State in the year the construction
funds are programmed. -
In either of the above cases, and because there is a clear deficiency in existence, the County
may, as part of the Annual Update and Inventory Report (AUIR) process, initiate the process
described in the Adequate Public Facilities Ordinance, Land Development Code Section 3. 15
Specifically, the County would establish an Area of Significant Influence (ASI) around the 1-75
segment, and cease issuing development orders within it until such time that the construction
start date of improvements to mitigate the deficiency are within a three year time frame. An ASI
for this segment would include a circle of radius three m~es ( ~ 8 thousand acres) around the
Immokalee Road interchange. I AGEI~A ITEM
.o.
i !.'.,L'f 11 1999
Staff does not recommend the creation of an ASi at this time, but recommends moving the
improvement of the 1-75 segment from Immokalee Road to the Lee County line upward in the
Unfunded Priorities List for transmittal to the FDO T.
The text needs to be changed to reflect the new name for the MPO: The Collier County
Metropolitan Planning Organization.
Policy 2.2:
The County shall annually appropriate the funds necessary to implement those projects show in
the annual element (first year) of the Secondary Road Program.
Comments
Change the phrase "Secondary Road Program" to Annual Update and Inventory Report (AUIR).
Policy .3.1:
The County has implemented an advanced Right-of-Way Preservation and Acquisition
Program.
Comments
Completed .annually. Staff of the Transportation Services Department and Public Works
Engineering Department are recommending that this program be funded at a higher level as
part of the annual budget cycle.
Policy 3.3:
By June 1998, Collier County's Transportation Department, Office of Capital Projects
Management and the Naples (Collier County) Metropolitan Planning Organization will develop
standards, criteria and implementation guidelines for right-of-way acquisition. Provision for
landscaping shall be consistent with Collier County corridor management planning policies (see
Future Land Use Element Policy 4.2 and Transportation Element Policy 7.4). The County shall
acquire sufficient amount of right-of-way to facilitate no less than a cross section of (6) traffic
lanes, appropriate turn lanes, medians, bicycle and pedestrian features, drainage canals, and
shoulder sufficient for pull offs and landscaping areas. Exceptions to the right-of-way standard
may be considered when it can be demonstrated, through a traffic capacity analysis, that the
maximum number of lanes at build-out will be less than the standard.
Comments
Standards, criteria and implementation guidelines for right-of-way acquisition to be completed.
The Board adopted (June 16, 1992, Agenda Item 8E(2)) a process for the acquisition of right-
of-way. In addition, the Board adopted the Streetscape Maser Plan in 1995.
The text needs to be changed to reflect the new name for the MPO: The Collier County
Metropolitan Planning Organization, and the new name for OCPM: Pubtic Works Engineering
Department
,,GENOA ITEM
lA.'f 11 1999
Policy 4.2:
The County shall provide for support services, resources and staff within the Naples (Collier
County) Metropolitan Planning Organization to coordinate the Bicycle/Pedestrian Program.
Comments
The text needs to be changed to reflect the new name for the MPO: The Collier County
Metropolitan Planning Organization.
Policy 4.3:
The County shall provide an interconnected and continuos bicycle and pedestrian system by
making the improvements identified on the 2020 Pathway Facilities Map series.
Comments
This language should be changed to preclude the construction of bicycle and pedestrian
improvements that are not identified in the 2020 Pathway Facilities Map series, and not
recommended by the prioritizing process conducted by the Pathway Advisory Committee. Such
language would ensure that all projects constructed are the result of a planning process.
Policy 6.1:
The Transportation Element shall incorporate to the greatest
degree possible, the long range plans of the Naples (Collier County) Metropolitan Planning
Organization.
Comments
The text needs to be changed to reflect the new name for the MPO: The Collier County
Metropofitan Planning Organization.
Policy 6.5
The Naples MPO 1995 & 2010 plans have identified a need for an interchange at 1-75 and
Golden Gate Parkway. An Interchange Justification Report shall be prepared by the Florida
Department of Transportation and submitted to the Federal Highway Administration by October
1, 1998.
Comments
This report has been submitted to the Florida Department of Transportation, who have yet to .
submit it to the Federal Highway Administration.
The text needs to be changed to reflect the new name for the MPO: The Collier County
Metropolitan Planning Organization.
Policy 7.1:
On August 18, 1992 the County adopted an Access Management Resolution that ensures the
protection of the arterial and collector system's capacity.
AGENDA ITEM
.o.
HAY 11 1999
Pg, ,//',~
Comments
Still true. The policy has been implemented by staff,' however, it is appropriate that a review be
performed and, where appropriate, revisions be proposed.
Policy 7.2:
The County shall require the submission of a neighborhood traffic impact assessment as a part
of all rezone and conditional use applications. This study will analyze the proposed project's
impact on surrounding neighborhood streets.
Comments
There has been little effort to implement this policy.
Policy 7.3:
The County shall implement, through its Zoning Ordinance, the provision of safe and
convenient on-site traffic flow and the need for adequate parking for motorized and
non-motorized vehicles as a primary objective in review for Planned Unit Developments, Site
Development Plans, and other appropriate stages of review in the land development
applications process.
Comments
The LDC should be strengthened in its requirements for shared and cross access. In addition,
driveway location criteria over and above those indicated in the Access Management Policy
should be implemented.
Policy 9.3
The County shall encourage the interconnection of local streets between developments to
facilitate the convenient movement throughout the local road network unless such action will
promote through traffic.
Comments
The LDC should be strengthened to-assure the implementation of this policy.
Policy 9.4
The County shall define on a project by project basis, the acceptable amount of rerouted traffic
as a result of a traffic management project
Comments
This policy should be deleted.
Policy 9.5
The County shall route through traffic to the major roadways designated in the Transportation
Element of the Collier County Growth Management Plan.
AGENO A ITEM
MAY f l 1999
Comments
This policy should be deleted.
Policy 9.6
The County shall review impacts on emergency vehicle access or response time to
neighborhoods.
Comments
This policy should be deleted.
Policy 9.7
Roadways listed in Appendix A under "Roadways in Collier County not Considered Local
Facilities" are not eligible for the NTMP.
Comments
This poTicy should be deleted.
Policy 12.1:
The Naples. (Collier County) Metropolitan Planning Organization, through the Transportation
..-.. Disadvantaged Program shall assist the local community transportation coordinator in the
implementation of the most efficient and effective level of service possible for the transportation
disadvanta~jed.
Comments
MPO staff have recommended changes in contractual arrangements, most notably appointing
the County as the Community Transportation Coordinator, that will enable the County to better
gauge system efficiency on a continual basis.
The text needs to be changed to reflect the new name for the MPO: The Collier County
Metropolitan Planning Organization.
Policy 12.2:
The County shall coordinate the development of any future transit development plans with the
Naples (Collier County) Metropolitan Planning Organization and the Florida Department of
Transportation.
Comments
The Transit Development Plan is due for adoption by the Metropolitan Planning Organization in
May, 1999.
The text needs to be changed to reflect the new name for the MPO: The Collier County
Metropolitan Planning Organization.
AGENDA ITEM
!~A',' 11 1999
Pg,
Policy 12.3
The Naples (Collier County) Metropolitan Planning Organization shall monitor the need and
desirability of implementing a transit system and will coordinate the development of any transit
development plans.
Comments
With direction from the MPO, staff will hire a consultant to complete a Transit Operation Plan,
which will include the specificity needed to apply for State and Federal funds for the purchase
and operation of transit equipment.
The text needs to be changed to reflect the new name for the MPO: The Collier County
Metropolitan Planning Organization.
Policy 12.5:
The County shall participate in the MPO planning process through an interlocal agreement with
the City of Naples and in a Joint Participation Agreement with the FDOT.
Comments
This language needs to change to reflect the inclusion of the City of Marco Island in the
Interlocal Agreement that will be presented for ratification by resolution to the County, the City
of Naples, and the City of Marco Island.
FISCAL IMPACT: None of the suggestions generate a new fiscal impact. The
comments on Policy 3.1 allude to recommendations already made to increase the
amount set aside for right of way acquisition. All other suggestions are revenue neutral
in effect.
GROWTH MANAGEMENT IMPACT: This report generates no Growth Management
Impact.
A~A ~
MA," 11 1999
Pg./,3'
RECOMMENDATION: Staff recommends that all of the suggestions outlined in
Section B above be implemented.
PREPARED BY: ~~~~ Date: '~::~"~'~' ~ ~
REVIEWED B~:~,db~r .... Date: ! '
e, AICP, Director.
Planning Services ~n~/~~//
Depa
/-
REVIEWED BY:/'~,'~/~ Date: z//
Edward Kant, .F~ .-~ ,ctor
' ",' ent
Edward IIs~'fi'neF, Administrator
Public Works Division
/,
APPROVED BY"'~~ ~H~. Date:
Vincent Cautero, AICP, Administrator
Community Development and Environmental Services Division
MAY 11 1999
EXECUTIVE SUMMARY
REQUEST BY ATTORNEY JOHN E. SPILLER TO WAIVE LDC REQUIREMENTS
FOR A SITE IMPROVEMENT PLAN (SIP) FOR EXISTING IMPROVEMENTS ON
VARIOUS PROPERTIES LOCATED IN IMMOKALEE FLORIDA, AND TO AMEND
THE LDC TO PROVIDE FOR AN ADMINISTRATIVE EXEMPTION FROM SITE
DEVELOPMENT PLAN OR SITE IMPROVEMENT PLAN SUBMITTAL.
OBJECTIVE: To provide the Board with background information and staffs recommendations
with respect to a request by Attorney John E. Spiller, representing Juan and Veronica Barnhart
and Homer and Priscilla Betancourt, to have the Board of County Commissioners waive LDC
requirements for a site improvement plan (SIP) for existing improvements to various properties
located in Immokalee Florida, and to direct staff to amend the LDC to provide a process to allow
for administrative exemption from Site Development Plan (SDP) or SIP submittal requirements
based on economic hardship.
CONSIDERATIONS:
Summary of Code Enforcement Case: In May 1998, a Code Enforcement Investigator report
investigation of three mobile homes in disrepair piled in a remote area on property owned by
Homer and Priscilla Betancourt. The Investigator also observed two Mobile homes that were
placed across from property owned by Juan and Veronica Barnhart with the intent to complete
site improvements and relocate the mobile homes in their original locations.
In accordance with Sections 1.5.6 and 2.7.6 of the Land Development Code, "no building or
structure shall be erected, moved, added to, altered, utilized or allowed to exist without first
obtaining the authorization of the required building permit(s), inspections and certificate(s) of
occupancy..." The property owners were informed of the violations and given adequate time to
abate. During meetings with the property owners and Planning staff, information was disclosed
about the requirement of obtaining a Site Improvement Plan prior to the issuance of building
permits. Both owners informed the Investigator that they would pursue obtaining the appropriate
permits and. consequently, additional time to comply was granted by the Investigator.
After several extensions, a meeting was conducted in January 1999 at the request of Mr. John
Spiller, attorney for the Betancourts and Barnharts. Present at that meeting were Ramiro
Manalich, Chief Assistant County Attorney, Melissa Vasquez, Assistant County Attorney, Ross
Gochenauer, Planner I, Michelle Edwards Arnold, Code Enforcement Director, and Investigator
Gary Dantini. Mr. Spiller indicated that his clients were concerned with the high costs associated
with the minimum requirements for engineering services for the SDP process. At that time the
attorney was advised that an SIP, rather than an SDP, would be required to bring his client's
property into compliance. Mr. Spiller indicated that since the engineering requirements for an
SIP were less than the SDP, he would advise his clients of the concessions being made by staff
and follow up with staff at a later date.
No progress was made on the part of the property owners to submit an SIP, therefore the case
was forwarded to the Code Enforcement Board for consideration.
MAY 11 1999
Code Enforcement Board findinE On March 25, 1999 the Code Enforcement Board heard the
cases against the Betancourts and Barnharts. The Code Enforcement Board found Juan and
Veronica Barnhart in violation of moving two mobile homes without first obtaining the proper
permits. Homer and Priscilla Betancourt were found in violation of replacing three mobile homes
without first obtaining the proper permits. Both property owners were given until May 27, 1999
to obtain an SIP and required building permits or remove the mobile homes. The Board also
ordered that a fine of $250 per day be imposed each day the violations remain after May 27th.
Implications of exemptions based on economic hardship: Mr. Spiller argues the costs for
obtaining an SIP is an excessive requirement. It is also argued that if such requirements were
imposed on his clients the negative implications to the affordable housing market in Immokalee
would be devastating.
The following table is being provided to identify the known costs to the Betancourts and
Barnharts for submitting an SIP compared with what is being charged for rent.
$155.00
Betancourts 25 $450.00 $135,000.00 $250.00*
$3,875.00
$155.0'0
Barnharts 10 $450.0o $54,000.00 $250.00.
$1550.00
·counly costs for SIP application submittal only This does not include any surveying or engineering cosls that may be assessed to the propen5'
owner for preparation the SIP.
The three mobile homes involved in the Betancourts Code Case were purchased by the
Betancourts and later sold to the tenants for $1,800.00 each. The Betancourts informed staff that
the}, intend on renting the lots on which the sold mobile homes would sit for $150.00 per month.
FISCAL IMPACT: Mr. Spiller is requesting the requirement for preparing and submitting a Site
Development Plan be waived for each property owner. This waiver would impact the building
permit supported Community Development Fund (113) by $500. It is recommended that the $500
site development plan be funded from the Unincorporated Area General Fund (111 ) reserves.
GROWTH MANAGEMENI IMPACT: Approval of the waiver would be inconsistent with the
Growth Management Plan since it would constitute a continuation of the existing development
pattern that is more dense than permitted by the Plan. Additionally, without an SDP it is difficult
to determine whether the proper setbacks are being met.
STAFF RECOMMENDATION: Staff recommends denial of the request for a waiver of the
SIP requirement for the properties heard by the Code Enforcement Board. Additionally, staff
recommends against any modifications to the Land Development Code implementing an
Administrative exemption from the SIP or SDP requirement. Authority to approve requests for
waivers of development review fees has always resided with the Board of County Commissioners.
There are relatively few such requests made annually. Staff finds compelling reason to provide for
an administrative process for such requests.
MAY 11 1999
2
/
PREPARED SY: ~] ~'~.~ L-
Mi~heIl~ Art~o]d, ~:ode Enforcement Direc~t/d' ' Date
REv~,VvED
Ro , Planning Sea'ices Director Date
Vincent A. cau~ero, AICP, Administrator Date
CommuniB: Development & Environmental Sen, ices
MAY 11 '1999
LAW OFFICE
BOARD~IAN & SPILLER, P.A.
1400 FIFTEENTH STREET NORTH. SUITE 201
IMMOKALEE, FLORIDA 34142
(941) 657-4418 PHONE
(941) 657-4278 FAX
TtlOMAS K BOARDMAN MAIk TO: Post Office Drawer 5250
JOHN E, SPILLER Immokalee, FI 34143
March 24, 1999
Office of County Administrator
Collier County Florida
3301 East Tamiami Trail
Naples, Florida 33962
RE: Board of County Commissioners meeting, April 13, 1999
Dear Sir:
This law ~rna represents Juan and Veronica Barnhart and Homer and Priscilla Betancourt,
_.._ who are the named defendants in the attached Code Enforcement Board enforcement actions. I
request the following matters be placed on the public petition agenda for the April 13, 1999
Board of County Commissioners meeting.
These two families hax:e been cited for violations of certain County ordinances for failing
to obtain permits before trails ~'s were sited or replaced on their trailer parks in Immokalee.
The \:iolation attributed to the BarnhaWs occurred when they temporarily moved a trailer
or trailers from the lot in order to trim a tree and place gravel on the lot for the purpose of
eliminating the risk of fallen lree branches and reduce the mud and dirt conditions on the lot.
After a few days, the trailer(s) were returned to their original place, utilities and tie doxvns were
reconnected.
The violations attributed to the Betancourts occurred when they removed 3 old trailers,
which had been rented to tenants, and allowed the same tenants to place trailers obtained from
the Federal Emergency Management Agency upon the lots, at a substantially reduced rental rate.
The result o,," the actions by the Barnharts and the Betencourts was a substantial
improvement in the conditions of housing for the tenants at their trailer parks.
Prior to the issuance of the notices for hearing, I have had extended discussions with
Assistant Count>, Attorney Ramiro Manalich, together with other County staff members
concerning the equities of the situation.
.,..,--,,
During those meetings, the costs of compliance with the staff's request for s ' '
a Site Development Plan w~S revealed to be between $10,000 and $15,000 for each ft
MAY i :t !999
families. The Site Development Plan, later changed to Site Improvement Plan, was a prerequisite
to issuance of the permits for placing the trailers on the existing lots.
Neither of the families is in a financial position to expend that large sum of money for a
for no economic benefit. For example, the three old trailers were rented for S450.00 per month
and the lot rent for the replacement trailers, owned by the tenant, resulted in a reduced rent to
S 150.00 per month. The Betancourts allowed this reduced rental income in order to improve the
living conditions of these three long term tenants.
The cornpliance demanded of the Betancourts and Barnharts would render any further
efforts to maintain or improve the mobile home housing conditions in Immokalee a financial
impossibility.
Consequently, these families request the Board of County Commissioners direct the
County staff to advise as to the appropriate changes to the County ordinances to eliminate the
need for Site Development Plan or Site In~provement Plan approval prior to the issuance of
permits for replacing trailers on existing lots at the trailer parks in Immokalee. County
inspections should be restricted to adequacy of utility connections, trailer tie downs and other
safety concerns.
Respectfully submitted,
John! E. Spiller
Enclosure
MAY 1 ! 1999
EXECUTIVE SUMMARY
APPROVE AN INTER-FUND TRANSFER TO THE IMMOKALEE MSTU TO
COMPLETE THE IMMOKALEE MAIN STREET BEAUTIFICATION
PROJECT AND DESIGNATE CR 846 AND SR 29 AS GATEWAYS INTO
COLLIER COUNTY.
~ To complete the Immokalee Main Street Beauti~cation project this fiscal year.
Completion of the project this fiscal year is necessary in order to receive beautification grant
funds from FDOT that have already been appropriated.
CONSIDERATIONS: The Immokalee MSTU was established in 1977. Since the tax b~se
within the MSTU boundary is relatively low, it took several years for the MSTU to accumulate
sufficient funds to undertake a significant beautification project within the community. In 1995,
Phase I of the landscaping along CR 846 was completed. Design of Phase II of the project,
which would landscape, add decorative street lighting and pedestrian features on SR 29 began in
1996. The proposed design had a projected cost of $850,000, and to complete Phase II a loan or
grant from the County would be necessary. The MSTU Advisory Committee requested in late
1996 that staff pursue additional funding opportunities so the project could be completed in a
timely manner.
Estimated cost to complete the final phase of the project is $207,000. A breakdown of these
costs is shown on Attachment I. The Immokalee MSTU has available funds in the amount of
$167,000. The FDOT has authorized a reimbursement grant of $78,172.50 toward the final
phase, the award of which is contingent upon the project being completed this fiscal year. Staff
expects that grant funds will be received as revenue in FY 2000. To complete the project, the
MSTU Advisory Committee has requested that staff approach the Board to request an intra-fund
transfer of $100,000. This amount will provide the necessary funding until the reimbursement
grant is received and revenue from the upcoming fiscal year is present.
The Immokalee MSTU Advisory Committee has also requested that staff request "Gateway"
designation for CR 846 and SR 29. The Collier County Streetscape Master Plan indicates that
roadway beautification maintenance be primarily funded through Road MSTDs. One example of
this type of treatment is the Board-approved MSTD maintenance within the Golden Gate
Beautification MSTU boundary on both CR 951 and Golden Gate Parkway, which were declared
Gateways into Collier County. Both CR 846 and SR 29 are major corridors that lead into Collier
County from Lee and Hendry Counties. Beautification of these roadways will have a positive
impact on future development at the Immokalee Regional Airport and Industrial Park and the
redevelopment programs being implemented through the Florida Main Street program and the
recent designation of Immokalee as a Federal Enterprise Community. The Gateway designation
will also make it possible for the Immokalee MSTU to accrue funds for future capital
improvements.
MAY 111999
PG, -/
FISCAL IMPACT: The total cost for Phase II-B is estimated at $207,000. The Immokalee
Beautification MSTU Fund currently has available funds in the amount of $107,000. In addition,
the FDOT has approved a Grant for $78,172.50, which is payable to the County after
improvements are completed and formally accepted, given that the project completion date is
within this fiscal year. The Immokalee Beautification MSTU is requesting an intra-fund transfer
from the Road Assessments Receivable Fund in the amount of $100,000, to be repaid to that
fund over two years without interest. The annual maintenance costs for completed landscape
improvements on CR 846 and SR 29 for Fiscal Year 1999-2000 are estimated to be $150,000.
Maintenance would be funded from MSTD 5 if the Gateway concept is approved.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners approve an intra-fund
transfer to the Immokalee Beautification MSTU Fund from the Road Assessments Receivable
Fund in the amount of $100,000, to be repaid within two years; that the Board direct staff to
prepare a proposal to designate CR 846 and SR 29 in Immokalee as "Gateways" into Collier
County; and that the Board authorize any necessary Budget Amendments to complete Phase II-B
of the Downtown Streetscape Project.
SUBMITTED BY: DATE: q-- 2-4- 7~ .
~ Edward J. Kant, P. "
APPROVED B · DATE:
Ed Ilschner, Public Works Administrator
HAY 1"19' 9
ATTACHMENT NO. 1
Project Funding - Immokalee Downtown Streetscape
Phase II, Sub-Phase "B"
ForeCaSt ProjeCt Costs (per Public Works Engineering Department)
Description Cost
Construction Cost (landscape and irrigation) $159,493.00
Construction Change Orders (10% of construction cost) $15,950.00
PWED Construction Management Fees $13,000.00
Printing &binding contract documents $2,000.00
Managerial Reserve for Contingencies $10,300.00
Water meter hook-ups and water service $3,000.00
Additional Professional Services (design) $3,200.00
Total Forecast Project Cost $206,943.00
- $207,000.00
ReCommended Project Funding Mix
Funding Source Amount
Immokalee MSTU current reserves $25,800.00=
Immokalee MSTU other current available funds $21,200.00
Immokalee MSTU recognized Carry Forward $60,000.00
Intra-Fund transfer from Road Assessments Receivable $100,000.00
Total Project Funds Required $207,000.00
Less: FDOT Reimbursement Grant* -$ 78,172.50
Net Cost of Project to Immokalee MSTU $128,827.50
* FDOT Grant funds will be awarded after completion and acceptance of construction.
IATTACHMENTNIX. .1-.
PAGE & OF ' AY 11999
BUDGET AMENDMENT REQUEST Vor Budget/Finance Use Only
BA#....~'..-...~..Y'..t ............
JE# .................................
BAR# ..............................
A.P.H. Date .......................
FUND TITLE Road Assessments Receivable FUND NO. 341
Date prepared: April 13, 1999 Attach Executive Summary
BCC Agenda date Item No. g (,e) (t)
if previously approved. 5/11/99
EXPENSE BUDGET DETAIL
Reserves 919010 ~ t none 00000
Cost Center Title Cost Center No. Project Title Project No.
Expenditure Expenditure Increase Current Revised
Object Code Title (Decrease) Budget Budget
993000 Reserve for (100,000) 899,716 799,716
Capital Outlay
TOTAL (100,000
Cost Center Title nter No. ct Title Project No.
Expenditure Expenditure I I Increase Current Revised
Object Code Title (Decrease) Budget Budget
911560 Immokalee 100,000 0 100,000
Beautification
TOTAL 100,000
SR 29 Transfer (68063) - Budget Amendment #1 of 3
REVENUE BUDGET DETAIL
I Cost Center Title Cost Center No. $ Project Title ~ Project No.
Revenue Revenue Title Increase Current Revised
Object Code (Decrease) Budget Budget
TOTAL
EXPLANATION
Why are funds needed? Funds are needed for an inter-fund transfer to the Immokalee
Beahtification MSTU Fund (156-162723) for the completion of SR 29 Landscape and
Irrigation improvements. Repayment of this transfer is budgeted in the Immokalee
MSTU fund for FY 2000 ($50,000) and will also be budgeted in FY 2001 ($50,000).
Where are funds available? Funds are available in Reserves for Capital Outlay.
REVIEW PROCESS
Division Administrat~~~l~~
Budget Department: '
Agency Manager:
Finance Department:
Clerk of Board Admin.:
Input by:
B.A. No.:
,~--'.-, or tl e l~rlce se
JE# .................................
BAR~ ..............................
A.P.H. Date .......................
FUND TITLE Immokalee Beauti~cation MSTU FUND NO. 156
Date prepared: April 13, 1999 Attach Executive Summary
BCC Agenda date Item No. ~ (~)(J)
if previously approved. 5/11/99
EXPENSE BUDGET DETAIL
ICapitalOutlay 162723 Downtown t ~ 68063
Cost Center Title Cost Center No. Streetscape Project No.
Project Title
Expenditure Expenditure Increase Current Revised
Object Code Title (Decrease) Budget Budget
763100 Improvements 185,800 20,499 206,299
General
TOTAL 185,800
Cost Center Title Cost Center No. Project Title No.
Expenditure Expenditure Increase Current Revised
Object Code Title (Decrease) Budget Budget
631403 Engineering Fee (12,700) 23,200 10,500
646451 Lighting (9300) 20,000 10,700
Maintenance
TOTAL (22,000)
Cost Center Title nter No. Project Title t No.
Object Code ~ (Decrease) Budget Budget
i991000 ~ (25,000) 29,400 4,400
Contingency
TOTAL (25,000) I
SR 29 Transfer (68063) - Budget Amendment #2 of 3
REVENUE BUDGET DETAIL
Other Uses (REV) I 929020 none 00000
Cost Center Title Cost Center No. Project Title Project No.
Revenue Revenue Title Increase Current Revised
Object Code (Decrease) Budget Budget
481341 Transfer from 100,000 0 100,000
Road
Assessments
Receivable
TOTAL 100,000
EXPLANATION
Why are funds needed? Funds are needed for an inter-fund transfer to the lmmokalee
Beautification MSTU Fund (156-162723) for the completion of SR 29 Landscape and
Irrigation improvements. Repayment of this transfer is budgeted in the Immokalee
MSTU fund for FY 2000 ($50,000) and will also be budgeted in FY 2001 ($50,000).
Where are funds available? Funds are available in Revenue in Transfers from Road
Assessments Receivable.
REVIEW PROCESS
Division Administrat~ _ 4~-.-;-~--~'
Budget Department: r ~
Agency Manager: ~!
Finance Department:
Clerk of Board Admin.:
Input by:
B.A. No.:
BUDGET AMENDMENT REQUEST For Budget/Finance Use Only
~A# .....~'5...'. _2..~.:~ ..........
JE# .................................
BAR~ ..............................
A,P.H. Date .......................
FUND TITLE Immokalee MSTU FUND NO. 156
Date prepared: April 13, 1999 Attach Executive Summary
BCC Agenda date Item No. g (/3 ) ( t
if previously approved. 5/11/99
EXPENSE BUDGET DETAIL
Operating 162723 Downtown 68063
Cost Center Title Cost Center No. Beauti~cation Project No.
Project Title
Expenditure Expenditure Increase Current Revised
Object Code Title (Decrease) Budget Budget
631403 Engineering Fee 3,200 24,516 27,716
631551. PWED Fee 13,000 5,000 18,000
634999 Other 3,000 0 3,000
~ Contractual
Services
647110 Printing & 2000 0 2000
Binding
TOTAL 21,200
Expenditure Expenditure Increase Current Revised
( ) g
Object Code Title Decrease Bud et Budget
TOTAL
SR 29 Transfer - Budget Amendment #3 of 3
REVENUE BUDGET DETAIL
Non-Revenue 919010 ]none 00000
Cost Center Title Cost Center No. Project Title Project No.
Revenue Revenue Title Increase Current Revised
Object Code (Decrease) Budget Budget
489200 Carry Forward (21,200) 80,100 58,900
General
TOTAL (21,200)
EXPLANATION
Why are funds needed? Funds are needed to increase various project lines for the
completion of the SR 29 Downtown Streetscape project; including final design fees
($3,200), project management fees ($13,000), water meter hookups ($3,000) and printing
and binding of contract documents ($2,000).
Where are funds available? Funds are available in Carry Forward - General.
REVIEW PROCESS
:~ DATE
Budget Department: ~
Agency Manager:
Finance Department:
Clerk of Board Admin.:
Input by:
B.A. No.:
EXECUTIVE SUMMARY
AWARD BID NO. 99-2921 FOR THE IMMOKALEE MSTU (PHASE H - B)
MEDIAN LANDSCAPING IMPROVEMENTS ALONG S.IL 29 TO HANNULA
LANDSCAPING, INC. [AS A COMPANION ITEM TO FUNDING REPORT
UNDER SECTION 8(B) OF THE AGENDA]
OBJECTIVE: Board approval of a construction contract award~ for S.R.. 29 median
. landscape and irrigation improvements (between North 9~ Street and North 1't Street).
CONSIDERATIONS: The Immokalee MSTU was established in 1977 for the purpose
of undertaking median landscape and attendant roadside beautification improvements
through phased design and construction projects. A Phase I project, consisting of median
landscaping along C.R. 846 just south of S.R. 29 (Main Street), was completed through
construction during 1995. Subsequently, a Phase II roadway beauti~cation project along
Main Street commenced during 1996. Phase II-A improvements comprising of decorative
street lighting and other architectural roadside features were completed through
construction during October 1998, and the subject recommended award of Bid No. 99-
2921 for Phase II-B median landscaping is planned for completion this current fiscal year
1999.
Bid stage activities for the Phase II-B project commenced on March 10, 1999. On the bid
opening date of April 7, 1999, the Purchasing Department received one (1) bid proposal
as tabulated below:
BID NO. 99-2921
Work Scope Category Low and only Bid - Landscape Architect's
Hannula Landscaping, Inc. Estimate
Plant Materials $ 4!,795.10 $ 59,792.61
Landscape Material s 29,643.60 22, 81 3.00
Grade and Site
Preparation 14, 137.54 6,538.00
Irrigation System 36,980.15 21,912.50
Traffic Control and
Maintenance 6, 525.00 7, 800.00
Brick Paving Alternate 30,411.61 30,975.00
TOTAL COSTS $159,493.00 $149,851.11
The single bid received from Hannula Landscaping, Inc. is 6.45% above the Landscape
Architect's estimate, but nonetheless is deemed acceptable by staff for the following
reasons:
(1) Phase H-B estimate did not include a bid contingency;
(2) Lack of competitive pricing due to receipt of only one (1) bid proposal; ~" NgZ,~._~_~)_
MAY 1 11999
Executive Summary
May 11, 1999
Page 2
(3) Scope of Grade and Site Preparation work and Irrigation System installation was
clarified and expanded under a bid addendum, but original estimated costs as listed
above were not formally increased; and
(4) Contractor labor and material cost increases for certain work since preparation of
the projec~ estimate on August 3, 1998.
The funding source(s) for this Phase II-B MSTU construction project is set forth in a
companion Executive Summary report prepared by the County's Transportation Director
under section 8(B) of the Board Agenda. Staff finds the bid proposal 99-2921 to be fully
acceptable with respect to pricing and contractor qualifications, and recommends that the
Board award a construction contract to Hannula Landscaping, Inc. in the amount of
$159,493.00. As a footnote, the bid proposal pages incorrectly listed 99-2919 as the
County's bid number, and the correction to the official bid number 89-2921 is made
herein.
FISCAL IMPACT: The total estimated project cost for Phase II-B, inclusive of the
$159,493.00 bid award, is outlined below.
Description Estimated Cost
Construction Cost (landscape and irrigation) $159,493.00
Construction Change Orders (10% of construction cost) 15,950.00
PWED Project Management Fees 13,000.00
Printing &binding contract documents 2,000.00
Managerial Reserve for Contingencies 10,300.00
Water meter hook-ups and water service 3,000.00
Additional Professional Services (design) 3,200.00
Total Forecast Project Cost $206,943.00
~ $207,000.00
As outlined in the referenced companion Executive Summary report by the Transportation
Director, the Immokalee Beauti~cation MSTU Fund currently has available funds in the
amount of $107,000.00. The remaining $100,000.00 required to fund all design,
construction, and project management costs for Phase II-B is recommended to be secured
through an intra-fund transfer from the Road Assessments Receivable Fund, with a
repayment to this fund over a two year period without interest. A future FDOT grant .;
reimbursement in the amount of $78,172.50 will be utilized to partially or wholly fulfill the
repayment. These grant dollars are expected to be received during fiscal year 2000.
N0 ,.~
MAY 111999
Executive Summary
May 11, 1999
Page 3
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATIONS: That the Board of County Commissioners:
(1) Authorize a contract award of bid proposal 99-2921 to Hannula Landscaping, Inc. in
the mount of $159,493.00, contingent upon the concurrent approval of a companion
Executive Summary for funding under section 8(B) of the Agenda; and (2) Direct the
Board Chairman to execute the construction agreement with Hannula Landscaping, Inc.
Public Works el~artment III/
Ste~n Y. Camell, General Services/Purchasing Director
Purchasing Department
Bibby, P.E., Director
'PubfN Works/~~nt DATE:
REVIEWED BY 4-2 7r~Y
" Edward J. ~ ., Director
Transportall rvices Department
Ed II hn 1 '
sc er, Pub ic Works Administrator
HAY 11 1999
, PG. ~ ~ ~
EXECUTIVE SUMMARY
APPROVE AN AGREEMENT FOR SALE AND PURCHASE FOR PROPERTY REQUIRED TO
PROVIDE FOR A STORMWATER MANAGEMENT POND IN THE GATEWAY TRIANGLE
AREA.
OBJECTIVE: Recommendation that the Board of County Commissioners approve the attached
Agreement for Sale and Purchase for 2.5 acres of land described as the westerly portion of the
West 537.32 feet of Lot 32, Naples Grove & Truck Company's Little Farms No. 2, for the
purpose of providing a stormwater management pond. A location map marked as Exhibit "A" is
attached for reference.
CONSIDERATION: The Stormwater Management Department, as a result of the development
of their Stormwater Master Plan and as part of an in-depth study to minimize the chronic
flooding problems within the westerly portions of the Gateway Triangle Redevelopment Area,
has concluded the subject property will serve as the most effective stormwater management
pond site.
....._. The entire parcel which is zoned RMF-6 would permit up to 15 units to be built on the site and is
owned by William Forsyth and Audrey Forsyth, husband and wife, and is considered homestead
property, Initially, the asking price for the subject property was $185,000. Real Property
Management Department staff negotiated a purchase price of $163,250 which is the amount
required by Mr. and Mrs. Forsyth to satisfy all outstanding liens against their property. Mr. and
Mrs. Forsyth were unwilling to reduce the price any further.
Pursuant to Florida Statute, 125.355, one (1) appraisal was obtained. The independent
appraiser valued the subject property at $105,000 or $7,000 per unit. However, comparables
used by the appraiser included a property which sold for $9,677 per unit. Utilizing this $9,677
per unit value, the subject property would be valued at approximately $145,000. Though the
appraised value of the subject property is less than the purchase price, staff is recommending
the purchase of the site due to the scarcity of vacant land in this area which can be utilized for
this particular project. In addition, an in-depth study conducted by the Stormwater Management
Department has determined that this site is crucial in implementing the Gateway Triangle
Stormwater Master Plan. Lastly, if the site were acquired via condemnation, costs may exceed
the difference between the asking price and the appraised value.
The purchase price of $163,250 is available in Stormwater Management's Gateway Triangle
Stormwater Master Plan Budget. This Master Plan was approved in order to proceed to initiate
action for the construction of improvements under Alternative No. 1 and 2 by the Board of
County Commissioners on May 19, 1998., Agenda Item 8 (B) (2).
"""'-
NAY 11 1999
Pc. /
An environmental audit was performed on the subject site. No concerns were noted by the
County's Pollution Control Department.
FISCAL IMPACT: All closing costs shall be borne by the Seller, William & Audrey Forsyth.
The purchase price of $163,250 and the cost of obtaining a title policy (estimated to cost
approximately $900) is available in the Gateway Triangle Stormwater Master Plan Budget
(Project Number 31803). This purchase would require a transfer of $~3o0 from Stormwater
Capital Fund Reserves.
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: That the Board of County Commissioners approve and authorize the
following: (1) the Chairwoman of the Board of County Commissioners execute the Agreement
For Sale and Purchase; (2) approve, execute and/or accept any other necessary documents to
obtain clear title to the property, if any, once approved by the Office of the County Attorney; (3)
direct staff to record all appropriate documentation necessary to conclude this transaction; (4)
authorize staff to prepare related vouchers and warrants for payment; (5) approve all necessary
Dudget amendments.
PREPARED BY: ,- "- *:-:.::Y-::t'/~ L.~ . .
L. Jean Jourdan, Specialist II Date
Real Property Management Department
Jofin H. Boldt, P.E.., P.S.M. Date
Stormwater Management Director
Ed Ilschner Date
Public Works Administrator
MAY i'1 1999
Ps.,
PROJECT: GATEWAY POND 2A
FOL10: 61834040004
AGREEMENT FOR SALE AND PURCHASE
THIS AGREEMENT is made and entered into by and between WILLIAM E. FORSYTH AND
AUDREY FORSYTH, his wife, (hereina~er referred to as "Seller"), and COLLIER COUNTY,
a political subdivision of the State of Florida, (hereina~er referred to as "Purchaser").
WITNESSETH
WHEREAS, Seller is the owner of 1nat certain parcel of real properly (hereina~er referred to
as "Pr~. arty"), located in Collier County, State of Florida, and being more particularly
described as:
SEE ATTACHED EXHIBIT "A" which is
incorporated herein by reference.
Subject to easements, restrictions, and reservations of record.
WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and
other agreements hereina~er 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 hereina~er set forth and the sum of Ten Dollars ($10.00), the
receipt and sufficiency of which is hereby acknowledged, it is agreed as follows:
I. AGREEMENT
1.01 In consideration of the purchase price and upon the terms and conditions
heroinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from
Seller the Property, described above.
II. PAYMENT OF PURCHASE PRICE
2.01 The purchase price (THE "PURCHASE PRICE") for the Property shall be ONE
HUNDRED SIYTY THREE THOUSAND TWO HUNDRED AND FIFTY DOLLARS
($163,250.00) DOLLARS. (U.S. Currency) payable at time of closing.
Ill. CLOSING
3.01 The Closing (THE "CLOSING DATE", "DATe OF CLOSING", OR "CLOSING") of ~ ----
t r
mutual written agreement of th~ ~es-h~--The G~be held at the Collier
County Attorney's Office, Ad~-aistration Building, 3301 Tamiami Trail East, Naples,
Fbn~a. The procedure to be fonowed by the paYEes [n connection with the Closing sha~
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 th ' ~c~ iTC. '
specified herein and the following documents and instruments duly execu d ~d
acknowledged, in recordabLe form: '~ .....
NAY 1 11999
Page 2
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.
3.0112 Mechanics Lien and Possession Affidavit,
3.0113 Combined Purchaser-Seller closing statement.
3.0114 A "non-foreign person affidavit" as required by Section 1445 of the
Internal Revenue Code.
3.0115 A W-9 Form, "Request for Taxpayer Identification and Certification" as
required by the Internal Revenue Service.
3.0116 Such instruments as may be required by the title insurance
underwriter in order to insure the "gap" and issue the policy contemplated by
the title insurance commitment.
3.012 At the Closing, the Pumhaser, or its assignee, shall cause to be to the Seller the
following:
3.0121 A negotiable instrument (County Warrant) in an amount equal to the
purchase price. No funds shall be disbursed to Seller until the Title Company
verifies that the state of the title to the Property has not changed adversely
since the date of the last endorsement to the commitment, referenced in
Section 4.011 thereto, and the Title Company is irrevocably committed to pay
the Purchase Price to Seller and to issue the Owner's title policy to Purchaser
in accordance with the commitment immediately after the recording of the
deed.
3.0122 Funds payable to the Seller representing the cash payment due at
Closing in accordance with Article III hereof, shall be subject to adjustment for
prorations as hereinafter set forth.
3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its
sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to
the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida
Statutes, and the cost of recording any instruments necessary to clear Seller's title to
the Property. The cost of the Owner's Form B Title Policy, issued pursuant to the
Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost
of the title commitment shall 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 sush other time as
specified within this Adicle, Purchaser and/or Seller, as the case may be, shall ~erform
the following within the times stated, which shall be conditions precedent to the C'~
NAY 11 1999
Page 3 ~\ ~ ,~,~%0 t
Purchaser as evidence of title an ALTA Commitment for an Owner°s Title
Insurance Policy (ALTA Form B-1970) covering the Property, issued by a national
title insurance company, together with hard copies of all exceptions shown
thereon. Purchaser shall have fifteen (15) 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. Permitted exceptions shall include, but are not limited to, the
following:
(1) applicable zoning regulations and ordinances of the county having
jurisdiction over the use of the Property; and
(2) real property taxes and assessments for 1999, which are not yet due
and payable,
(3) existing mortgages which shall be satisfied at or prior to Closing.
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 liens or monetary obligations which will be satisfied at Closing.
Seller, at its sole expense, shall use its best efforts to make such title good and
marketable. In the event Seller is unable to cure said objections within said time
period, Purchaser, by providing written notice to Seller within two (2) 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 purchase the Property in accordance with
this Agreement.
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 as referenced in the aforementioned legal description, if any. Seller
agrees to furnish any existing surveys of the Property, if any, to Purchaser within
thirty (30) days of execution of this Agreement. /
V. APPRAISAL PERIOD ,,,J f; ~:
5.01 Purchaser shall have ninetyJcgafdays from the date of this Agreement :~,ppraisal
Period), to obtain one (1) ir . sendent appraisal in order to determine the va~ue of the
Property pursuant to the re. ements of Florida Statutes 125.355.
5.02 If Purchaser is not satis:,ed, for any reason whatsoever, with the results of the
independent apt raisals, Purchaser shall deliver to the Seller prior to 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 within the Appraisal Period, 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. tn the event Purchaser elects
to terminate this Agreement copies of the ~ppraisa! repod. s shall be furnished to the
Seller.
VI. INSPECTION PERIOD .-3> O '~
6.01 Purchaser shall have one hundred and twenty .(48e~ days from the date of__:Lhis ,~
· ' ': AGEN~A ITI'N
Agreement, ("Inspection Period"), to determine through appropriate mvestlgatmon th t NO.
HAY 11 1999
PG,
Page 4
1. The Property is in compliance with all applicable State and Federal environmental
laws and the Property is flee from any pollution or contamination.
6.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any
investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection
Period, written notice of its intention to waive the applicable contingencies or to
terminate this Agreement. 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 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 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
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 1998 taxes, and shall be paid by
Seller.
X. TERMINATION AND REMEDIES
10.01 If Seller shall have failed to perform any of the covenar~ts and/or agreements
contained herein which are to be performed by Seller, within ten (10) days of written
notification of such failure, Purchaser may, at its option, terminate this Agreement by
giving written notice of termination to Seller. Purchaser shall have the right to seek and
enforce all rights and remedies available at law or in equity to a contract vendee,
including the right to seek specific performance of this Agreement.
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 Seller is not in default, then as Seller's sole remedy, Seller shall have the right
to terminate and cancel this Agreement by giving written notice thereof to Purchas~
/
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 fodh in paragraph 13.01
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 entitled, in addition to such relief as may be granted, to a
reasonable sum for its attorney's fees, paralega, charges and all fees and costs for
appellate proceedings in such litigation or other action: which sum may be 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
.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 exe'jte, deliver, and perform its obligations under this Agreement and the
instrument 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 paragraph 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 Prol~'artY or._~..y
rights therein, nor enter into any agreements granting any person or entity any ri ht~0
with respect to the Property or any part thereof, without first obtaining the w~en
consent of Purchaser to such conveyance, encumbrance, or agreement ichMAy
consent may be withheld by Purchaser for any reason whatsoever.
Page 6
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 time during or prior to
Seiler's ownership thereof. Seller represents none of the 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, employment, 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 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 physical condition of the
Property to change from its existing state on the effective date of this Agreement up
to and including the Date of Closing. Therefore, Seller agrees not to enter into any
contracts or agreements pertaining to or affecting the Property and not to do any act
or omit to perform any act which would change the zoning or physical condition of
the Property or the governmental ordinances or laws governing same. Seller also
agrees to notify Purchaser promptly of any change in the facts contained in the
foregoing representations and of any notice or proposed change_ in the zoning, or
any other action or notice, that may be proposed or promulgated by any third parties
or any governmental authorities having jurisdiction of the development of the
property which may restrict or change any other condition of the Property.
11.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafier
called the "Closing Representative Statement") reasserting the f~rc.gc!.".~ ·
representations as of the Date of Closing, which provisions shall sufiveNih:~"o ITC~
Closing. "'
Y 11 1999
Page 7
1 t .023 To the best of the Sellers knowledge. they represent that the Property and
all uses of the Properly have been and presently are in compliance with all Federal. State
and Local environmental laws; that no hazardous substances have been generated. stored.
treated or transferred on the Property except as specifically disclosed to the County; that the
Sellers have no knowledge of any spill or environmental law violation on any property
cont!guous to or in the vicinily of the Property to be sold to the County, that the Sellers have
not rgceived notice and otherwise have no knowledge of a) any spill on the Property, b) any
existing or threatened environmental lien against the Prepe,ly or c) any lawsuit, proceeding
or investigation regarding the generation, storage. treatment, spill or transfer of hazardous
substances on the Property.
11.024 Any loss and/or damage to the Property,. between the date of this Agreement
and the date of Closing shall be Seller's sole risk and expense.
XII. NT__~O_TJGF=J
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 folfows:
If to Purchaser: Real Property Management Department
Administration Building
3301 Tamtaint Trail East
Naples, Florida 34112
With a copy to: Heidi F. Ashton, Assistant County Attorney
Office of the County Attorney
Administration Building
3301 Tamtaint Trail East
Naples. Florida 34112
If to Seller: William E. Forsyth and Audrey Forsyth
2527 Lee Street
Naples, FL 34112
12.02 The addressees and addresses for ihe purpose of this Article may be changed
by either party by giving written notice of such change 1o the other pady in the manner
provided heroin. 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 heroin shall De 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 lhe
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 eslate broker, salesman or
representative, in cornection with this Agreement. Seller agrees to pay any and all
commissions or fees at closing pursuant to Ii-~e terms of a separate agreement, if any.
XIV. MISCELLANEOUS
14,01 This Agreement may be executed in any manner of counterparts which together
shall constitute the agreement of the parties.
I AGENDA
NO.
NAY 111999
PG.,,
Page 8
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.
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 "offer" to purchase represented by
this Agreement is subject to acceptance and approval by the Board of County
Commissioners of Collier County, Florida.
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 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.
AG~'N,~,A ITEM
NO.
HAY 11 1999
Page 9
IN WITNESS WHEREOF, the parties hereto set forth their hands seals.
Dated Project/Acquisition Approved by
BCC:
AS_TO PURCHASEB:
DATED:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
BY:
, Deputy Clerk Pamela S. Mac'Kie, Chairwoman
AS TO SELLER:
DATED:
SE(~0ND'WIT~"S~(Sigr(zature)
(Print Name)/
'(~rint ~ame)
SE~D WITN~SS~Sig~tur~)
(Print Name)
Approved as to form and
legal sufficiency:
Heidi F. Ashton ASrNO~ ZT~.
Assistant County Attorney N0.
NAY 11 t999
PG.
EXHIBIT "A"
2.5 ACRES OF THE WEST 537.32 FEET OF LOT 32, OF NAPLES GROVE &
TRUCK CQMPANY'S LITTLE FARMS NO. 2, AS SHOWN BY PLAT
RECORDED IN PLAT BOOK 1, PAGE 27, PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA.
""""""'//"~ flO ,,~c/~-C,~"'
- -- '-~-~----~'~2L'-~- .... = ....
":
~. ...~ u~ VE 7 ./ VE~/F/~ BY
_ Z ~- AGENDA IT[~
/ ~ NO.
HAY 1 11999
EXECUTIVE SUMMARY
ADOPT A RESOLUTION AUTHORIZING THE ACQUISITION BY GIFT, PURCHASE OR
CONDEMNATION OF ROAD RIGHT-OF-WAY, SIDEWALK, SLOPE, UTILITY,
DRAINAGE, MAINTENANCE AND TEMPORARY DRIVEWAY RESTORATION
INTERESTS BY EASEMENT AND/OR FEE SIMPLE TITLE INTERESTS FOR PINE RIDGE
ROAD BETWEEN AIRPORT-PULLING ROAD (C.R. 31) AND LOGAN BOULEVARD CIE
NO. 41.
gBIEE3I_YK~ To obtain authorization from the Board of County Commissioners (the "Board"), to
acquire by gift or purchase all rights and interests in real property which are required for the
construction and maintenance of transportation improvements and related facilities for Pine Ridge
Road between Airport-Pulling Road (C.R. 31 ) and Logan Boulevard.
CONSIDERATION: On October 28, 1997, the Board adopted Ordinance No. 97-55 therein
establishing the 1997 (Seventh Annual) Capital Improvement Element of the Growth Management
Plan. The Transportation Element of the County's Comprehensive Plan was adopted in Ordinance No.
97-62 for CIE #41. Adoption of the attached Resolution shall provide the Board's directive and
authorization to staff to acquire the necessary easements and/or fee simple title for the Pine Ridge Road
six-laning improvements between Airport-Pulling Road (C.R. 31) and Logan Boulevard, (hereinafter
referred to as "Project").
FISCAL IMPACT: Estimated cost to purchase the right-of-way required for construction of this
facility id $2,146,574 less $426,713 which has been paid to reimburse a developer of road impact
credits. The remainder $1,719,861 fight of way cost includes all operating expenses such as title
policies, appraisal fees, staff time, acquisition and condemnation expenses.
Funds are available in Road Impact Fees for the Pine Ridge Road Project Account #60111.
GROWTH MANAGEMENT IMPACT: As a Capital Improvement Element project, the
recommendation is consistent with the County's Growth Management Plan, CIE Project No. 41.
RECOMMENDATION: That the Board:
(1) Adopt the attached Resolution authorizing the acquisition by gift, purchase or condemnation the
road right-of-way, sidewalk, slope, utility, drainage, maintenance and temporary driveway restoration
interests by easement and/or fee simple title interests required to complete the Pine Ridge Road
six-laning improvements between Airport-Pulling Road (C.R. 3 1) and Logan Boulevard, and
(2) Authorize the Chairwoman to execute the attached Resolution.
MAY
April 29, 1999
98 Wyndemere Way
Naples, FL 34105
Re: Livingston Road Landscaping Enhancements
Dear Mr. Yepson:
Your April 19, 1999, letter to the Honorable Board of County Commissioners has been
referred to me for action and response. It is my understanding that you are requesting that
the Board assure the inclusion of adequate funding for all landscaping and irrigation
required for the construction of the Livingston Road project. Further, based on recent
conversations between Edward J. Kant, P.E., Transportation Services Director, and Mr.
Burr Moshe~:, another of your Association's Board members, the Association is also
expectant that the county will fund a barrier wall, earth berm, edge landscaping and
median landscaping.
Based on the recent meeting between the Wyndemere Board of Governors and
representatives of the Transportation Services and Public Works Engineering
Departments, the county had agreed to fund the barrier wall, the earth berm and include
sleeving for future irrigation and electrical service to the medians as part of the
Livingston Road construction project. Median landscaping is not presently funded;
however, staff is preparing to bring a comprehensive Streetscape Funding Plan to the
Board within the next month. Further, it has been our understanding that the Association
requested the ability to landscape along the barrier wall and earth berm. The county has
no objection whatsoever to that request subject to the Association funding those
enhancements.
The design team for the Livingston Road segment from Golden Gate Parkway north to
Vanderbilt Beach Road has been selected and the Board is expected to approve the
contract within the next month. After the design contract has been awarded, we anticipate
contacting you to set up the next meeting with the Wyndemere Board of Governors for
the next step of reviewing options for the barrier wall and earth berm. As was explained
at the last meeting, we will need to move quickly to maintain our rather aggressive
Harold Yepson, President
April 29, 1999
Page 2
project schedule since this roadway has become critical to the safety, efficiency and
stability of the county' s roadway network.
Your interest in and concern for the safety, efficiency and ambiance of Collier County' s
roadways is appreciated. If there are any questions or if you seek additional information,
please contact me at 774-8494.
Very truly yours,
Edward J. Kant, P.E.
Transportation Services Director
cc: The Honorable Board of County Commissioners
Robert F. Femandez, County Administrator
Edward J. Kant, P.E., Transportation Services Director
Jeff bibby, P.E., PWED Director
Rich Hellreigel, P.E., PWED Senior Project Manager
Robert Wiley, P.E., PWED project Manager
File: Livingston Road (Wyndemere)
Page 2
Executive Summary/Resolution
Pine Ridge Road six-laning improvements
PREPAREDBY:/~//~,~ ~F/jj~Tj DATE: ¢/.~(/~
Wilma lverson, Senior Specialist
Real Property Management Department
Public i g
~ff Bibby, P.E., Direct~
APPROVED B Public or/s '~ DATE: ~[~ fl ~
Ed Ilsc~ner, ~m~istrat6r '
Public Works Division
NAY 1 11999
1 RESOLUTION NO. 99-
2 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
3 FLORIDA, AUTHORIZING THE ACQUISITION BY GIFT, PURCHASE OR CONDEMNATION
4 OF ROAD RIGHT-OF-WAY, SIDEWALK, SLOPE, UTILITY, DRAINAGE, MAINTENANCE
5 AND TEMPORARY DRIVEWAY RESTORATION INTERESTS BY EASEMENT AND/OR FEE
6 SIMPLE TITLE INTERESTS WHICH ACQUISITIONS ARE REQUIRED FOR THE SIX-LANING
7 IMPROVEMENTS FOR PINE RIDGE ROAD (896) BETicVEEN AIRPORT-PULLING ROAD (C.R.
8 31) AND LOGAN BOULEVARD CIE NO. 41.
9 WHEREAS, the Board of County Commissioners (Board), on October 28, 1997, adopted
10 Ordinance No. 97-55 therein establishing the 1997 (Seventh Annual) Capital Improvement Element of
I 1 jhe Growth Management Plan in order to establish priorities for the design, acquisition and
12 construction ofthe various capital improvement projects. The Transportation Element of the County's
13 Comprehensive Plan was adopted in Ordinance No. 97-62; and
14 WHEREAS, the six-laning roadxvay improvements to Pine Ridge Road (C.R. 896) between
15 Airport-Pulling Road (C.R. 31 ) and Logan Boulevard are component parts of the Transportation
16 Element o£the County's Comprehensive Plan; and
17 \VHEREAS, alternate locations, environmental factors, long range planning, cost variables,
18 concurrence, safety and welfare considerations have been reviewed as they relate to the implementation
19 of said transportation improvements; and it has been recommended by County Staff that it is necessary
20 and in the best interest of Collier County, Florida, to maintain flexibility over the acquisition of
21 properly rights required for the constn~clion oflhe six-laning roadway improvements for Pine Ridge
22 Road between Airport-Pulling Road and Logan Boulevard, hereina~er referred to as "Project" as
23 identified on Exhibit "A" attached hereto and incorporated herein by reference; and
24 WFIEREAS, the design and construction of said transportalion improvements and related
25 facilities have been delermined by the Board to be necessary and in the best interest of Collier County;
26 and
27 WHEREAS, the construction of the transportation improvements and related facilities
28 contemplated by the Project are necessary in order to protect the health, safety and welfare of the
29 citizens of Collier County, and will assist Collier County in meeting certain concurrency requirements
MAY I 11999
I NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
2 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
3 1. The Board has considered the environmental factors, safety factors and fiscal considerations
4 relating to the final adopted location of the transportation improvements and related facilities.
5 2. The road right-of-way, sidewalk, slope, utility, drainage, maintenance and temporary driveway
6 restoration interests by easement and/or the fee simple title interests acquisitions identified on Exhibit
7 "A" are the most feasible locations, both necessary and consistent with the project requirements, in
8 order to permit the construction and maintenance of the transportation improvements and related
9 facilities for the Pine Ridge Road six-laning improvements between Airport-Pulling Road and Logan
10 Bonlevard, CIE No. 41.
I 1 3. The Board has determined that the constnlction and maintenance of the six-laning transpor-
12 tation improvements and related facilities are necessary for a public purpose and is in the best interest
13 of Collier County.
14 4. The construction and maintenance oflbe transportation improvements and related facilities are
15 compatible xvith lhe long range planning goals and objectives ofthe Growth Management Plan for
16 'Collier County.
17 5. It is necessary and in the best interest of Collier County for the Board to acquire the road
18 right-of-way, sidewalk, slope, utility, drainage, maintenance and temporary driveway restoration
19 interests by easement and/or the fee simple title interests identified in Exhibit "A"; and County Staff is
20 hereby authorized and direclod to acquire hy gift or purchase lhc perpetual, non-exclusive, road
21 right-of-way, sidewalk, slope, utility, drainage, maintenance and temporary driveway restoration
22 interests by easement and/or fee simple title interests on the properties identified in Exhibit "A".
23 6. The Chairman of the Board is hereby authorized to execute Appraisal Agreements with the
24 appraisal firm(s) selected from the list of firms pre-quali~ed by the Board of County Commissioners.
25 The Board ~rther directs staffto use appraisal reports or internal compensation estimates as staff
26 determines is necessary to best serve the needs of tile Project in a timely and cost-effective manner.
27 7. The Board, in accordance with the provisions of Chapter 125.355, Florida Statutes, hereby
28 formally waives the requirement for a formal, independent appraisal report for the purchase of a
29 property where the purchase price of the parcel (the compensation due to the property owner) is less
I'
30 ,ban O.e .nd ed Tl,ousand and 00/100 o,lars 100.000.00 . ,n lieu of the independent appra' al
-Page 2- PG.
1 report, staff is hereby authorized to make purchase offers for the properties, the dollar amounts of
2 which shall be predicated on "staff compensation estimates" based upon independent appraisals (and
3 the data therefrom) obtained on similar properties and upon consideration and application of
4 appropriate market value and cost data pertinent to the subject parcels.
5 8. Upon the approval by the County Attorney's Office ofall documents necessary for the subject
6 property acquisition, Real Property Management Department staff is hereby directed to offer
7 immediate delivery to the respective property owners of the full compensation (as established by the
8 appraisal or staff compensation estimates in accordance with the provisions of Chapter 125.355,
9 Florida Statutes), in return for the imnmdiale and proper exectmlion ofthe respective easements, and
10 such other legal documents and/or affidavits as the County Attomey's Office deems appropriate in
11 order to protect the interests of the County; and the Board hereby authorizes its present Chair~voman
12 and any subsequent Chairman/Chainvoman, for the life of the Project, to execute any instruments
13 which have been approved by the Office of the County Attorney xvhich may include, agreements,
14 documents to remove the lien of any encumbrance, and For any such other purpose as may be required
15 for the acquired road right-of-way, sidewalk, slope, utility, drainage, maintenance and temporary
16 driveway restoration interests hy easement and/or fee simple title interests.
17 9. In those instances where negotiated settlements may be obtained via the "Purchase Agreement"
18 or "Easement Agreement" mechanism, the Director ofthe Public Works Engineering Department, or
19 his designee, is charged with the responsibility for completion of various capital improvement projects,
20 and is hereby delegated the authority to approve the purchase of land interests above the staff
21 compensation eslimate or appraised value and pay normally related costs xvhen it is in the best interest
22 of the Project, within the pro-rala share of the land rights acquisition budget for the parcel being
23 acqnired, only when the difference betxveen the purchase price and compensation estimate or appraised
24 value is less than Fifteen Thousand and 00/100 Dollars ($15,000.00) or the current purchasing limits
25 established by the Collier County Purchasing Department; provided, Project fi~nding is available.
26 10. That the settlement approval authority is delegated by the Board to the extent that such
27 approvals do not conflict xvith the provisions of Section 125.355, Florida Statutes.
28 11. The Chairxvoman of the Board is hereby authorized to execute Easement Agreements and
29 Purchase Agreements where lhe land owner has agreed to sell the required land rights 1o the County at
MAY I1 1999
PGo .~
1 its appraised value or at that amount considered the "Administrative Settlement Amount" as such term
2 is internally used by the administrative agencies of Collier County.
3 12. Where the property owner agrees, by agreement "Purchase Agreement" or "Easement
4 Agreement", to convey a necessary interest in real property to the County, and upon the proper
5 execution by the property owner of those easements or fee simple title, and such other legal documents
6 as the Office of the County Attorney may require, the Board hereby authorizes the Finance Department
7 to issue warrants, payable to the property owner(s) ofrecc;rd, in those amounts as shall be specified on
8 a closing statement and which shall be based tipon the appraisal or staffcompensation estimate in
9 accordance with this Resolution and the provisions of Section 125.355, Florida Statutes.
10 13. All title to properties or interests in properties which have been obtained in the manner
11 , described above shall be deemed "accepted" by the Board of County Commissioners, as the governing
12 body of Collier County, Florida, a political subdivision of the State of Florida, and as such, staff is
13 hereby authorized to record in tile Public Records of Collier COillily, Florida, said easements or fee
14 simple title and such other instruments as may be requiredto remove the lien of any encumbrance from
15 the acquired properties.
16 AI'JD IT IS FLIRTHER RESOLVED that all property shall be put to public purposes.
17 AND IT IS FLIRTHER RESOLVED that tile County staff is hereby authorized to immediately
18 acquire by gift, purchase or condemnation in accordance xvith tile provisions of Chapters 73, 74 and
19 127, Florida Statutes, the above-referenced real property interests more particularly described in
20 Exhibit "A", attached hereto and incorporated herein.
21 AND IT IS FURTHER RESOLVED that no mobilehomes are located on the property sought
22 to be acquired.
23 This Resolution adopted on this __ day of , 1999, after motion, second and
24 majority vote.
25 ATTEST: BOARD OF COUNTY COMMISSIONERS OF
26 COLLIER COUNTY, FLORIDA
27 DWIGHT E. BROCK, CLERK
28 By:
29 Pamela S. Mac'Kie, Chairwoman
-Paqe 4-
I Approved as to form and legal sufficiency
2
4 Heidi F. Ashton
5 Assistant County Attorney
6
7
8
9
10
11
12
13
MAY l i 1999
-Page 5- PG. t7
OFFICE OF CAPITAL PROJECTS
5501 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774--8192
PROJECt NO.
PROJECT PARCEL NO. 7~2)
TAX PARCEL NO.
SKETCH OF LEGAL DESCRIPTION (NOT A SURVEY) :
I
temporary.driveway restoration easement
LEGAL DESCRIPTION
A parcel of land lying in Section 12, Township 49 South, Range 25E, Collier Count)',
Florida, and being more particularly described as follows;
The East 750 feet ofttie West 317.0 feet of the North 20 tbet ofthe South 95 feet of the
East Half of the Southwest Quarter of the Southwest Quarter, Section 12, Township 49 ..
South, Range 25 East, Collier County, Florida.
Containing 1500 square feet more or less
Parcel No. 701
I
I
bobpag lgldO36
I
JEXHII~'I'T J
BGEb~'~'Fi~F~[b DATE:// .
P~OFESSIONAL LAND SURVEYOR t/2406
OFFICE OF CAPITAL PROJECTS
COLLIER COUNTY GOVERNMENT COMPLEX
3304 ~ TA~,,,M, T~^. NAPLes, ruo~,.A 3,.,~2 .MA" lil 1999
DRAWN BY: CHECKED BY: SCALE: DAIE: fILE NO.:
SHEET ,"'O[ PG. '
OFFICE OF CAPITAL PROJECTS
5501 EAST TAMIAMI TRAIL NAPLES, FLORIDA 54112
(941) 774-8192
PROJECT NO.
PROJECt PARCEL NO. /O2
'fAX PARCEL NO 00256500006
SKETCH OF LEGAL DESCRIPTION (NOT A SURVEY)
fee simple title
LEGAL DESCRIPTION
A portion offand located in the Northwest Quarter of Section 13, Township 49 South,
Range 25 East, Collier County, Florida, and being more particularly described as follows~
BEGIN at the Northeast Comer of the plat thereof, Carillon, as recorded in Plat Book 21,
Pages 59 through 61, of the Public Records of Collier County, Florida, said POINT OF
BEGINNING also being on the South right of way line of Pine Ridge Road (C.R. 896);
thence along said South right of way line S89° 52' 59" E 80.16 feet to the East line of
the Northwest Quarter of the Northwest Quarter of said Section 13; thence along said
East line S00° 58' 52" E 35.01 feet to a point lying 110 feet South, as measured
perpendicular to, the North line of said Section 13; thence along said line lying 110 feet
South, N89° 52' 59"W 80.14 feet to the East line of aforesaid plat of Carilbn; thence
along said East line of Carillon N 01° 00' 37" W 35OI feet to the POINT OF
BEGINNING.
ContaTning 2805 square feet +.
Subject to Easements, Restrictions and Reservations of Records
.,
Prepared By
r
Collier County O. C, P. M.
3301 Tamiami Trail East
Naples, Florida 34112
Parcel No. 102
bob\pag~lgld.045
EXHIBIT ! '
BY: .......... DATE:
GEORGE R. BtlCHMOND
PRo -.ss,oNAL . NO SURVEYOR 2406
OFFICE OF CAPITAL PROJECTS NO. ~"
COLLIER COUN~f GOVERNMENT COMPLEX
3301 E TAM~AMI TRAIL NAPLES, FLORIDA 34112 u&U ' 1999
DRAWN BY; CHECKED BY: SCALE: DA]E: FILE NO.: I I/~11 I! 1
SHEET OI PC. 7 ,
OFFICE OF CAPITAL PROJECTS
5501 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
SKETCH OF DESCRIPTION
.......... _PINE RID_G_E ROA_D_ .......
(CR-896)
o
p,,
P,D.:B.
:- b Parcel
0 0 O
GES 59-61 '
2~I I~ OF THE NORTHWEST
b QUARTER
0
I' I
EXHIBIT
GENERAL NDTES
1) P.D,C. indicc~tes Point oF Commencement
B) P.D.B, indicc~tes Point oF Beginning
3) Sec. indicc~tes Section
4) Twp. Zndicc~tes Township
5) Rge. indicc~tes Rc~nge
6) R/~/indico-tes Right-o~:'-wc~y
7) A[[ distrances c~r'e in reef c~nd decimc~[s thereof
8) Beckrings c~r-e bc~sed on the North Line
oF Section 13 c~s being S.89°5;a'59'E.
9) Not vc~[id unless signed c~nct secded with ~;he embossed
sect[ oF the pro~:'essioncfi lend surveyor
TH s ONLY A SKETC, .0.
NDT TD SHEET 2 C
SCALE 0B-07-97 108
."c; Ib
OFFICE OF CAPITAL PROJECTS
5,301 EAST TAMIAMI TRAIL NAPLES, FLORIDA ,34112
(94-1) 774--8192
PROJECT NO, (~dltl(
PROJECT PAR, CEL NO.
TAX PARCEL NO.00256560006
SKETCH OF LEGAL DESCRIPTION (NOT A SURVEY)
temporary driveway restoration easement
CON~v~ENCING AT THE NORTHEAST CORNER OF THE PLAT THEREOF" CARILLON',AS
RECORDED IN PLAT BOOK 21, PAGES 59-61, OF THE PUBLIC RECORDS OF
COLLIER COUNTY,FLORIDA; THENCE SOUTH ! DEGREE 00 MINUTES 37 SECONDS
EAST ALONG THE EAST LINE OF SAID PLAT A DISTANCE OF 35.01 FEET TO THE
POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 52 MINUTES 59 SECONDS
EAST. A D1STANCE OF 80.14 FEET; THENCE SOUTH 0 DEGREES 58 MINUTES 52
SECONDS EAST, A DISTANCE OF 15.00 FEET; THENCE NORTH 89 DEGREES 52
MINUTES 59 SECONDS WEST, A DISTANCE OF 80.13 FEET TO THE EAST LINE OF
AFORESAID PLAT; THENCE NORTH I DEGREE 00 MINUTES 37 SECONDS WEST, A
DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING: SAID DESCRIBED TRACT
CONTAINING 0.028 ACRE (1,202 SQUARE FEET), MORE OR LESS.
BASIS OF BEARINGS IS THE EAST LINE OF SAID PLAT OF "CARILLON"
BEING SOUTH 01 DEGREES 00 MINUTES 37 SECONDS EAST. I
TRACT 702 I
i
I
I
I
I
I
EXHIBIT I
pRO~EF~SSId'NAL LAND SURVEYOR//2406 NO.
OFFICE OF CAPITAL PROJECTS ·
COLLIER COUN'fY GOVERNMENT COMPLEX
F: TAM,A, , TRA, L F _OR,C>A 3.i1 2 M".Yll 1 1999
DRAWN BY: CHECKED lay; SCALE: DALE: FILE NO.:
SHEET OF PG. i ,
7OZ
OFFICE OF CAPITAL PROJECTS
3301 EAST TAMIAMt TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
SKETCH OF DESCRIPTION
PINE RIDGE ROAD
(CR-896)
o
:
Parcel
- P.D.B,-~ .~ 102
~ ' !
N.89'52'S9"W. 80.14'/15.00' !
~ parcel 702
CARILLON ff ~ ~
PL~A,T BOOK 21 ~ N.89'52'59"W. ~
.
!
,
GENERAL NDTES
~) P.D.C. indicotes Point oF Commencemen~
8) P.D.B. indicctes Poin~ o~ ~eginning [ E X ~ I B I T
3) Sac. indicates Section
4) Twp. Zndicates Township .,
5) Rge. indicates R~nge ~c
6) R/~ indicates Right-oF-way
7) ALL distances gPe in ~eet gnd decimals thePeoF
8) ~eonings one b~sed on the NoPth Line
oF Section ~3 ~s being S.B9'Ge'Gg'E.
~ 9) Not valid unless signed and seaLed with the embossed
se~[ oF the pnoPession~L Land sunveyoP
THIS IS ONLY A SKETCH H0.
11999
D~N ~Y: CHECKED BY: SCAL[: DATE: FI~ NO,:
NDT TD oa-~a-s7 70~ SHE~ 2 O~S~
SCALE
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(94'1 ) 774-8192
PROJECT NO ................... t:~....~../Z.f' .....
PROJECT PARCEL NO ....... /.(~.,~.....A....
TAX PARCEL NO.Q.QZ5..,5..3..0.Q.Q.0.3 ........
LEGAL DESCRIPTION (NOT A SURVEY)
fee simple title
COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION
12. TO\VNSHIP 49 SOUTH. RANGE 25 EAST. COLLIER COUNTY. FLORIDA; THENCE NORTH. 89
DEGREES 32 MINUTES 47 SECONDS WEST ALONG TIlE SOUTI I I.INE OF SAID SECTION 12
AND TIlE CENTERLINE OF PINE I~,IDGE ROAD (CR896). A DISTANCE OF 86632 FEET;
THENCE NORTH OI} DEGREES 19 MINUTES 07 SECONDS EAST, A DIS`1'ANCE OF 75.00 FEET
TO THE POINT OF BEGINNING: THENCE NORTH 89 DEGREES 32 MINUTES 47 SECONDS
WEST ALONG THE NORTH RIGHT OF WAY LINE OF PINE RIDGE ROAD. A DISTANCE OF
519.66 FEET: THENCE NORTH 0 DEGREES 26 MINUTES 54 SECONDS EAST, A DISTANCE OF
10 00 FEET: THENCE SOUTH 89 DEGREES 32 MINUTES 47 SECONDS EAST, A DISTANCE OF
51964 FEET: THENCE SOUTH 0 DEGREES 19 MINUTES 07 SECONDS \VEST, A DISTANCE OF
1000 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 0. 119
ACRE (5,196 SQUARE FEET), MORE OR LESS,
BASIS OF BEARINGS IS THE SOUTIt LINE OF SAID SECTION 12 BEING 89°32'47" W.
EXHIBIT J
,,,, ........ .........
PREPARED
/ OR~'~ R, RICHMOND
PROFESSIONAL LAND SURVEYOR-FL. REG, # 2406
PUBLIC WORKS ENGINEERING DEPARTMEN'
3301 EAST TAMIAMI TRAIL N0.
NAPLES, FLORIDA 34112 SHEET OF 2
MAY 11 1999
IC) 5 A
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
SKETCH OF DESCRIPTION
NOT A SURVEY
N 89'33'30"W
51684'
~o PARCEL 103A --
S eg'32'47"E If ~l~§z~' t,
~} P.O.B.
N 89°32'47"W ~ 51966'
I N 0~19'07"E
75.00'
N 89'32'47"
PINE RIDGE ROAD
(C.R. 896) poc s~ co~ sw
SEC 2 TWP 49S RGE 25E
COLLIER COUNTY, FL
GENERAL NOTES
1) P,O.C. = POINT OF COMMENCEMENT
2) P.O.B = POINT OF BEGINNING
3) SEC. = SECTION ~ E X H I B i T I
4) ~P, = TOWNSHIp
6) R~ = RIGHT OF WAY
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF
EMBOSSED SEAL OF A PROFESSIONAL ~ND SURVEYOR N0.
DRAWN BY CHECKED BY SCALE DATE FILE NO
NOTTOSCALE JANUARY15,1999 PR103 SHEET2
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941 ) 774-8192
PROJECT NO .................. ~2.(~.l.l..I. ......
PROJECT PARCEL NO ...... 1.~..~.......~. .....
TAX PARCEL NO...0...0..?..5...5...3..2...0...0..0...z. ......
LEGAL DESCRIPTION (NOT A SURVEY)
~'ee simple t_itle
CONIMENCING AT THE SOUTHEAST COPJ~IER OF THE SOUTH%VEST QUARTER OF SECTION
12. TO~TNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLOPJDA: THENCE NORTH 89
DEGFLEES 32 MINUTES 47 SECONDS WEST ALONG THE SOUTH LINE OF SAID SECTION 12
AND THE CENTERLINE OF PINE RIDGE ROAD (C R 896), A DISTANCE OF 34655 FEET;
THENCE NORTH 0 DEGREES 1 I MINUTES 20 SECONDS EAST, A DISTANCE OF ?5.00 FEET TO
THE POINT OF BEGINNING; THENCE NOP, TH 89 DEGREES 32 MINUTES 47 SECONDS WEST
ALONG THE NORTH RIGHT OF WAY LINE OF PINE RIDGE ROAD (C R. 896), A DISTANCE OF
519.66 FEET: THENCE NORTH 0 DEGREES 19 MINUTES 07 SECONDS EAST, A DISTANCE OF
10.0() FEET: THENCE SOUTH 89 DEGREES 32 N,IINUTES 47 SECONDS EAST. A DISTANCE OF
519.63 FEET: THENCE SOUTH 0 DEGREES 11 MINUTES 20 SECONDS WEST, A DISTANCE OF
' 10.0(~ FEET TO THE POINT OF BEGINNING: SAID DESCRIBED TRACT CONTAINING 0. ] ]9
ACRE OR (5,196 SQUARE FEET), MORE OR LESS
BASIS OF BEARINGS IS THE SOUTH LINE OF SAID SECTION 12 IJEING N S9°32'47' IV.
JEXHIBIT ]
_ FI
/
PREPARED ~O~'8'E'~'."l~i~h'l~'/~l'l~ ........................
PROFESSIONAL LAND SURVEYOR~FL. REG.
PUBLIC WORKS ENGINEERING DEPARTMEI' T. N0.
COLLIER COUNTY GOVERNMENT COMPLE)
3301 EAST TAMIAMI TRAIL
NAPLES. FLORIDA 34112 SHEE'I l cHAY 1 I 1999
Io~
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES. FLORIDA 34112
(941) 774-8192
SKETCH OF DESCRIPTION
NOT A SURVEY
N 89°33'30"W
516.84'
///
.
I
I
o ~
.
PARCEL 103B
N Bg'32'47"W 51966' ~ ~ ~ '
~<~ ROAD '~'
PINE RIDGE ~ 5~ poc
~ 5EC 12, ~P498. RGE25E,
I150' R~W) COLLIER COUNTY FL
GENERAL NOTES
1) POC. = POINT OF COMMENCEMENT
2) PO.B = POINT OF BEGINNING ~
.~-.
3) SEC = SECTION
4) ~P = TOWNSHIP
6) R~ = RIGHT OF WAY
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF
EMBOSSED SEAL OF A PROFESSIONAL ~ND SURVEYOR
DRAWN BY gHECKED BY SCALE DA]E FILE NO
~oTTosc~u~ U~NU~R~5.~ ~R~O~ SH~T20~ NAY 11 1999
OFFICE OF CAPITAL PROJECTS
,3501 EAST TAMIAMI TRAIL NAPLES, FLORIDA ,34112
(941) 774--8192
PROJECT NO..__
PROJECT PARCEL NO. 70
TAX PARCEL NO90255360003
SKETCH OF LEGAL DESCRIPTION (NOT A SURVEY)
temporary driveway restoration easement
LEGAL DESCRIPTION
A parcel of land lying in Section 12, Township 49 South, Range 25E, Collier County,
Florida, and being more particularly described as follows;
The West Sixty Feet of the North 30 feet of the South 115 feet of the South Half of the
West Half of the East Half of the Southwest Quarter of Section 12, Township 49 South,
Range 25 East, Collier County, Florida.
Containing 1800 square feet more or less.
Parcel 703A
b,,b.p~g I~d,O3S
EXHIBIT
PROFESS~ONAL ~ND SURVEYOR ~2406
OFFICE OF CAPITAL PROJECTS
COLLIER COUN~ GOVERNMENT COMPLEX
SHEET "
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLOR1DA 34112
(941) 774-8192
PROJECT NO....60111
PARCEL NO ...... 7039
Fouo No...0,.°..~.~.?..3..L°..°...°.~.
LEGAL DESCRIPTION (NOT A SURVEY)
temporary driveway restoration easement
THE NORTH TEN (10') FEET OF THE SOUTH 85 FEET OF THE WEST 90 FEET OF THE
EAST 866.21 FEET, OF THE SOUTHWEST QUARTER OF SECTION 12,TOWNSHIP 49
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA.
CONTAINING 900 SQUARE FEET OR 0.021 ACRES MORE OR LESS.
EXHIBIT J
PREPARED ,,,Y.4." .:. ......
~EORGE R. RICHMOND
G
PROFESSIONAL LAND SURVEYOR-FL. REG # 2406
COLLIER COUNTY GOVERNMENT COMPLE N0.
3301 EAST TAMIAMI TRAIL
NAPLES, FLORIDA 34112 MA'( 1 11999
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES. FLORIDA 34112
(941 ) 774-8192
PROJECT NO .................... ~..C2.I/.[..,.
PROJECT PARCEL NO ........... /.(2...Z:g. ....
TAX PARCEL NO ..Q.0.2.5.5..1.2.Q.0. D.Z ......
LEGAL DESCRIPTION (NOT A SURVEY)
fee simple title
LEGAL DESCI{IPTION
A portion of land lying in Section 12, Township 49 South, Range 25 East, Collier
County, Florida, described as tbllows.
The North 10 feet ofttie SoutiE 85 feet ofttie East One llalfofthe East One Half of the
East One Half of the Southeast One Quarter of the Southwest one Quarter; togethcr with,
The West 120 feet of the North 10 feet of the South 85 feet of the West One Half of the
West One Half of the Southwest One Quarter of the Southeast One Quarter, all in Section
12, Township 49 South, Range 25 East.
Containing 4667 square feet +.
Parcel No. 104
bob/pag/Igld. O71
EXHIBIT j
~:)o..,_3e x", ,, .S: &:,'.G
PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406
PUBLIC WORKS ENGINEERING DEPARTMENT.
COLLIER COUNTY GOVERNMENT COMPLEX ~
3301 EAST TAMIAMI TRAIL N0,
NAPLES, FLORIDA 34112 SHEET 1 )F 1 '
,:i~,Y 1 11999
.s. /?
OFFICE OF CAPITAL PROJECTS
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
PROJECT NO,
PROJECT PARCEL NO. 7(::::24
TAX PARCEL NO. 00255120007
SKETCH OF LEGAL DESCRIPTION (NOT A SURVEY)
i
J
temporary dri~e~zay~restoration easement
LEGAL DESCRIPTION
A parcel of land lying in Section 12, Township 49 South, Range 25E, Collier County,
Florida, and being more particularly described as follows;
t
The East 50 feet of the North 35 feet ofthe South 120 feet ofthe East Halfofthe East
Half of the Southeast Quarter of the Southwest Quarter of Section 12, Township 49 ,
South, Range 25 East, Collier County, Florida.
Containing 1750 square feet more or less together with
The West 50 feet of the North 35 feet of the South 120 feet ofthe West Half of the West
Half of the Southwest Quarter of the Southeast Quarter.
Containing 1750 square feet more or less.
Parcel 704
boDpagqgld.034
g I I
PF~OFESSIONAL LAND SURE OR #2406
VY
OFFICE OF CAPITAL PROJECTS NO.
COLLIER COUNTY GOVERNMENT COMPLEX ,
3301 E TAMIAMI TRAIL NAPLESr FLORIDA ~4112 .....
o,...~: ~.~,,~o.~:~,~: °^,~: ~,.~.o.: n.~' I 1999
SHEET C F
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941 ) 774-8192
SKETCH OF DESCRIPTION
NOT A SURVEY
PROJECT NO ............... 60111.
PARCEL NO ...................... 105
FOLIO NO..91~ ~.~ ~.~.9.9.2.9.~ .......
,'
///'11,1 fee simple title
/['/, , ~, %N
Hi S 89~52'20'' E 28574'
~ ~ $ 89"52'20" E 75353'
k o PARCEL 105
zl
N 89~52'20'' W 103925' P.O.B. ~'
b ~
PINE RIDGE ROAD o z
C.R.886
~ P.0.C. ~'
L SOUTH LINE SEC.12,TWP. 49S, RGE 25E. SE COR. E1/2,
SW1t4,SE1/4
LEGAL DESCRIPTION PARCEL 105
COMMENCE AT THE SOUTHEAST CORNER OF THE EAST HALF OF THE SOUTHWEST
QUARTER OF THE OF THE SOUTH EAST QUARTER OF SECTION 12, TOWNSHIP 49
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE N 00"26'05" W
75.00 FEET TO THE POINT OF BEGINNING; THENCE N 89"52'20'' WALONG THE
NORTH RIGHT OF WAY LINE OF PINE RIDGE ROAD (C.R. 886) 1039.25 FEET;
THENCE N00M7'01" W 50.00 FEET; THENCE S 89"52'20'' E 285.74 FEET: THENCE
S 00~07'40" W 1500 FEET; THENCE S 89"52'20'' E 753.53 FEET; THENCE S 00"26'05'' E
35.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 40,656 SQUARE FEET OR 0.933 ACRES MORE OR LESS.
BASIS OF BEARINGS IS THE NORTH RIGHT OF WAY LINE OF SAID PINE RIDGE
ROAD BEING N 89~52'20" W.
EXHIBIT
GENERAL NOTES l
2) P.O.B. = POINT OF BEGINNING REP D 8 ~ .... '- DATE../.
3) SEC. = SECTION g GEORGE R RICHMOND
4) TWP. = TOWNSHIP PROFESSIONAL ~ND SURVEYOR-FL. REG, ~ 2406
5) RGE. = RANGE PUBLIC WORKS ENGINEERING DEPT.
6) R~ = RIGHT OF WAY COLLIER COUNTY GOVERNMENT COMPLEX
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 3301 EAST TAM~AMI TRAIL
EMBOSSED SEAL OF A PROFESSIONAL ~ND SURVEYOR NAP[ ES. FI.ORH)A 34~12
NOTTOSCALE NOVEMBER30.1998 PR105 SHEET1 1 ] 1999
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES. FLORIDA 34112
(941) 774-8192
PROJECT NO .................. ~.~../.Z~ ....
PRojEcT PAR°EL .O ......... /0..~< ......
TAX PARCEL NO.0..0.~.~.(L3.~.QgQ.~). ........
LEGAL DESCRIPTION (NOT A SURVEY)
fee simple title
THE NORTH TEN (10') FEET OF THE SOUTH g5 FEET OF THE WEST I()(I FEET OF
THE SOUTHEAST QUARTER OF THE SOUTHEAST QUAP, TER OF SECTION 12, TOWNSHIP
49 SOUTH. RANGE 25 EAST. COLLIER COUNTY, FLORIDA.
CONTAINING IO0O SQUARE FEET MORE OR LESS
PARCEL 106
file prrT06
I EX~rlBIT
- GE R. RICHMOND
PROFESSIONAL ~ND SURVEYOR-FL REG. ~ 2406
PUBLIC WORKS ENGINEERING DEPARTMENT.
COLLIER COUN~ GOVERNMENT COMPLEX
3301 EAST TAMIAMI TRAIL ~ ~ND Y N
NAY 1 11999
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941 ) 774-8192
PROJECT NO ................... ~...~.../.Zd...
PRojEcT PARCEL No ........... Z.,<:2..6. ....
TAX PARCEL NO(.!.0..:~.~.9..3..~.!!9..0...0. ........
LEGAL DESCRIPTION (NOT A SURVEY)
teinporary driveway resLoraLion easeinenL
THE NORTH TEN (10') FEET OF THE SOUTH 95 FEET OF THE WEST 100 FEET OF THE SOUTHEAST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 49 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLOP, IDA.
CONTAINING 1000 SQUARE FEET MORE OR LESS
PARCEL ?06
I EX~..~..IBIT ,
., ' GEORGE R. RICHMOND
PROFESSIONAL LAND SURVEYORoFL. REG. # 2406
PUBLIC WORKS ENGINEERING DEPARTMENT.
COLLIER COUNTY GOVERNMENT COMPLEX
3301 EAST TAMIAMI TRAIL
H0. ,
I"IAY 1 11999
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941 ) 774-8192
PROJECT NO .................... ~,~Z/..L..
PROJECT PARCEL NO .......... /O..L~, .....
TAX PARCEL NO.9..~.,O...z!..g9..O...O..!..O..~ .......
LEGAL DESCRIPTION (NOT A SURVEY)
fee simple t:j. tle
LEGAL DESC!(IIrHON
A parcel of land lying in Section 12, Townsldp 49 South, Range 25 E, Collier County,
Florida, and being more particularly described as follows;
The South Ten (10') feet of that parcel - as shown on the plat thereof, Naples Progressive
Gymnastics Camp, as recorded in Plat Book 24, Page 84 of the Public Records of Collier
County, Florida.
Containing 3890 square feet more or less.
Parcel 108
bob\pagMgld029
EX IBIT
PREPARED B O%.G.E R. ia.MON /"7 ........
PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406
PUBLIC WORK8 ENGINEERING DEPARTMENT.
COLLIER COUNTY GOVERNMENT COMPLEX , ,
NAPLES. FLORIDA 34112 SHEET I )F ~0.
MAY 11 1999
OFFICE OF CAPITAL PROJECTS
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(94-1) 774--8192
PROJECT NO.
PROJECT PARCEL NO.
TAX PARCEL NO. 63040000104
LEGAL DESCRIPTION (NOT A SURVEY)
temporary driveway restoration easement
PARCEL 708
THE NORTH TEN (10') FEET OF THE SOUTH T%VENTY (203 FEET OF THE EAST
SIXTY (60') OF THE WEST 129 FEET OF THAT PARCEL AS SHO%VN ON THE PLAT
THEREOF,NAPLES PROGRESSIVE GYMNASTICS CAMP, AS RECORDED IN PLAT BOOK
24 PAGE, OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA.
CONTAINING 600 SQUARE FEET MORE OR LESS.
I
IEXHIBIT J
· b" tr/ DATE:
OFFICE OF CAPITAL PROJECTS
co,LIER couNw GOVERNUE~T COMPLEX MI Y .11 1999
3301 E TAMIAMI TRAIL NAPLES, FLORIDA 34-112 .
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
PRo~Ec~ No .................... ~..~l/1 ....
PRoJEcT PARCEL NO .......... 10.~ .....
TAX PARCEL NO...O..9..2...4..L3...6...0..O...O...4. ......
LEGAL DESCRIPTION (NOT A SURVEY)
_Fee simple t. il:le
LEGAl, DESCI~,II'TION
A parcel of land lying in Section 12, Township 49 South, Range 25 E, Collier County,
Florida, and being more particularly described as follows;
Commence at the South Quarter Corner of said Section 12, also lying on the centerline of
Pine Ridge Road (CR. 896) thence along said centerline S 89° 32' 07" E 1485.93 feet;
thence N 00° 05' 53" W 75.00 feet to the north right-of-way line of said Pine I~,idgc
Road; thence along said north right-of-way line S 89° 32' 07" E 388.00 feet to the
POINT OF BEGINNING of the parcel of land hereinafier described; thence N 09° 36'
52" E 10.13 feet; thence along a line lying Ten (10') feet north, as measured perpendicular
to, said north right-of-way line S 89° :j2' 07" E 385.86 feet, thence S 00° 17' 55" E
10.00 feet to said nortt~ right-of-way line; thence N 89° 32' 07" W 387.60 feet to the
POINT OF BEGINNING.
Containing 3867 square feet more or less.
Parcel 109
Sheet I of 2
bob\pagXlgld. 031
I'EXHIBIT
.
PREPAREDB~"~~ DATE/.."~...'~.Z..~,~
""' ~ G'E6;i'~'i ii:'/~i~i~'/~6'~'6 ....................
PROFESSIONAL LAND SURVEYOR-Ft,. REG. # 2406
PUBLIC WORKS ENGINEERING DEPARTMENT.
COLLIER COUNTY GOVERNMENT COMPLEX
NAPLES, FLORIDA 34112 SHEET 1 )F '
i,,t.z,Y 11 1999
~59.01'
103.80'
5.89'32'39"E.~
586'
~f 148595' ~ (C~-896) PH,4~ ~DCE ~OAD (~50' ~//~'.i) O' EASEMENT
75.00'
South Quatier Corner
Sac. 12, 7wp. 49
~enge 25 E.
GENERAL NOTE~
1) P.O.C. indicates Point or Commencement
8) P.O.B. indica~es Point o~ ~eglnnin9
3) Sec, In~icote$ Section
4) Twp, Indicates Townshb
5) Rge' Indicates R~nge
7) A~ distances ~re
8) BaSis oF Bearings
Pine Ridge Road being S,89'38'07'E,
9) Not voUd un{ess signed end sealed with the embossed
se~( oP the ProPessiona~ (and surveyor
THIS
D~ BY: CHECKED ~: S~E: ~lE:
scaLE .- s-eeY If 1999
PUBLIC WORKS ENGINEERING DEPARTMENT
,---- 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941 ) 774-8192
PROJECT NO .................. ~'.(::~Z././~ .....
PRojEcT PARCEL NO ........... 11.(2., ......
TAX PARCEL NO9.9.~.~..0,.~..0.9.,~.~.7 .........
LEGAL DESCRIPTION (NOT A SURVEY)
fee simple title
COMNIENCING AT THE SOUTHEAST CORNER OF SECTION 12, TO%VNSHIP 49 SOUTH.
RANGE 25 EAST COLLIER COUNTY, FLORIDA, SAID POINT OF COMNIENCEMENT
BEING THE CENTERLINE INTERSECTION OF LIVINGSTON ROAD (CR. 881) AND
PINE RIDGE ROAD (C.R. 886); THENCE NORTIt 0 DEGREES 17 MINUTES 03
SECONDS WEST ALONG THE EAST LINE OF SAID SECTION 12. A DISTANCE OF
75 (}() FEEl'; THENCE NORTtl 89 DEGREES 31 MINUTES 15 SECONDS WES'F, A
DISTANCE OF 30 lit) FEET TO TIlE POINT OF BEGINNING; THENCE NORTH 0
DEGREES 17 MINUTES 03 SECONDS WEST ALONG ALINE LYING 30 FEET EAST. AS
MEASURED PERPENDICULAR TO, SAID EAST LINE OF SECTION 12, A DISTANCE OF
1245 71 FEET: THENCE NORTH 89 DEGREES 32 MINUTES 18 SECONDS WEST, A
~ DISTANCE OF 187.45 FEET TO THE POINT OF CURVATURE OF A NON-TANGENT
CURVE, CONCAVE TO THE EAST. HAVING A RADIUS OF 580633 FEET. A CENTRAL
ANGLE OF 2 DEGREES 02 MINUTES 37 SECONDS, AND A CHORD OF 207.07 FEET
BEARlNG SOUTH 9 DEGREES 22 MINUTES 52 SECONDS EAST; THENCE SOUTH ALONG
SAID CURVE, A DISTANCE OF 20709 FEET TO THE POINT OF CURVATURE OF A
REVERSE CURVE, CONCAVE TO TIlE WEST, }lAVING A RADIUS OF 5686.33 FEE']'. A
CENTRAL ANGLE OF 6 DEGREES 07 MINUTES 58 SECONDS, AND A CHORD OF
60836 FEET BEARING SOUTH 7 DEGREES 20 MINUTES 11 SECONDS EAST~ THENCE
SOUTH ALONG SAID CURVE, A DISTANCE OF 608.66 FEET; THENCE SOUTH 0
DEGREES 17 MINUTES 03 SECONDS EAST, A DISTANCE OF 413.86 FEET; THENCE
SOUTH 45 DEGREES 06 MINUTES 14 SECONDS WEST, A DISTANCE OF 21.06 FEET, THENCE
SOUTH 89 DEGREES 31 MINUTES 15 SECONDS EAST, A DISTANCE OF 385.04 FEET; THENCE
SOUTH 00 DEGREES 17 MINUTES 03 SECONDS EAST A DISTANCE OF 10.00 FEET TO THE
NORTH RIGHT OF WAY LINE OF AFORESAID PINE RIDGE ROAD; THENCE SOUTH 89
DEGREES 31 MINUTES 15 SECONDS EAST ALONG SAID NORTH PdGHT OF WAY LINE, A
DISTANCE OF 480.05 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT
CONTAINING 3.253 ACRES (141.691) SQUARE FEET), MORE OR LESS.
BASIS OF BEARINGS IS THE EAST LINE OF SECTION 12 BEING NORTIt U0
DEGREES 17 MINUTES 03 SECONDS WEST
PARCEL 110
J EX~rlBIT
PREPARED BY ...... DATE...Z./?g//,~.f..
'~ ~ GEORGE R. RICHMOND
PROFESSIONAL LAND SURVEYOR-FL REG. # 2406
PUBLIC WORKS ENGINEERING DEPARTMENT.
COLLIER COUNTY GOVERNMENT COMPLEX
3301 EAST TAMIAMI TRAIL NO._
NAPLES, FLORIDA 34112 SHEET 1 )F 2
I':/-
110
PUBLIC ;VORKS ENGINEERINC DEPART~VEzVT
,_%501 EAST TAIdlAMI TRAIL NAPLES. FLORIDA 34112
(941) 774-8t92
SKETCH OF DESCRIPi ION
589'Z2'18"E 480.05'
187.45
CURVE
bJLd
2
Curve number i NO. ~,,~
A = 06'07'58'
Arc = 608.66'
Chord = 608.36'
Chord Brg, S.07'EO'll'E.
Curve number 2
Radius = 5806.33' ~
Z~ = 02'0~'37'
Arc = 807.09' ~J
- CURVE -- -
Chord = 207,07' NO. 1
Chord ~r9. S.09'~'52'E, ~
PARCEL 110 z
O
S,45"06"14"W. ~ ~ ' --30'
58, '
S,89'51'15"E, 480,05'
~0,00'
"PINE ~bOE ROAD ",~ ~75.00'
CR-896 (150' R/W) ~ P,O.C,
GENERAL NgTES
1) P,B,C, indice%es Point o~ Commencemen~
8) P,B,B, indicates Poln~ or Beginning
3) See indicates Section
4) Twp, Indicates Township
5) ~9e, Indicates ~nge
6) ~/~ IndlcG~es ~lgh~-o~-wGy
7) A[[ distances ~pe in ~ee~ ~nd decliners %hereof
8) BeGpings ~pe b~sed on ~he EGst fine oF s~ld
Section 18 ~s being N,00'17'03'~,
9) No~ v~tld unless signed Grid seated ~lth the embossed
seGt or the proresslonG[ [~nd 5upveyor .,
MX~IBIT
THIS IS ONLY A SKETCH -
.o..
O~ ~: ~ CHECK~ BY: ~ DATE: [ FI~ NO.:
N~T TD SHEET 2 F
sc cE z-so- a 1 11999
PUBLIC WORKS ENGINEERING DEPARTMENT
,..._ 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
PRojEcT .................... ....
PRoJEcT PARCE, NO .........../ZZ .......
TAX PARCEL NO~9..2..~.'C4.,~.C~.0..9.~ ........
LEGAL DESCRIPTION (NOT A SURVEY)
fee simple title
CON1MENCING AT THE NORTH%VEST CORNER OF SECTION 18, TOWNSHIP 49 SOUTH,
RANGE 26 EAST, COLLIER COUNTY. FLORIDA, SAID POINT OF COMMENCEMENT
ALSO BEING THE CENTERLINE INTERSECTION OF PINE RIDGE ROAD (C.R 886
AND LIVINGSTON ROAD; THENCE SOUTH 0 DEGREES 15 MINUTES 33 SECONDS
EAST ALONG THE WEST LINE OF SAID SECTION 18, A DISTANCE OF 75.00 FEET;TO THE
POINT OF BEGINNING THENCE NORTH 89 DEGREES 35 MINUTES 12 SECONDS EAST ALONG
THE SOUTH RIGHT OF WAY LINE OF SAID PINE RIDGE ROAD, A DISTANCE OF 642.58
THENCE.SOUTH 00 DEGREES 18 MINUTES 54 SECONDS EAST A DISTANCE OF 10.01) FEET;
THENCE NORTH g9 DEGREES 35 MINUTES 12 SECONDS WEST A DISTANCE OF 577.49 FEET;
· THENCE SOUI'H 44 DEGREES 36 MINUTES o6 SECONDS WEST, A DISTANCE OF 21.41 FEET;
THENCE SOUTH 0 DEGREES 15 MINUTES 33 SECONDS EAST ALONG A LINE LYING 50 FEET
EAST. AS MEASURED PERPENDICULAR TO, TIlE WEST LINE OF SAID SECTION 18, A
,DISTANCE OF 475.00 FEET; THENCE SOUTH 89 DEGREES 44 MINUTES 27 SECONDS WEST, A
DISTANCE OF 20.0O FEET; THENCE SOUTH 0 DEGREES 15 MINUTES 33 SECONDS
EAST,ALONG A LINE LYING 3(I EAST, AS MEASURED PERPENDICULAR TO, SAID
WEST LINE OF SECTION 18, A DISTANCE OF 745.27 FEET; ]'HENCE SOUTH 89 DEGREES 39
MINUTES 19 SECONDS WEST, A DISTANCE OF 30.00 FEET TO THE WEST LINE OF SAID
SECTION 18. THENCE NORTH O0 DEGREES 15 MINUTES 33 SECONDS WEST, A DISTANCE OF
124527 FEET TO TIlE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 1.218
ACRE (53.401) SQUARE FEET). MORE OR LESS
BASIS OF BEARINGS IS THE WEST LINE OF SAID SEC'I'ION 18 BEING
SOUTH 00 DEGREES 15 MINUTES 33 SECONDS EAST.
PARCEL 111
EXHIBIT
~),:,._%.e..ks,,
/
/
:-~ai~S~'~'g'i"~i~h'~'6'~k5 .........................
PROFESSIONAL LAND SURVEYOR-FL REG. ~ 2406
PUBLIC WORKS ENGINEERING DEPARTMENT,
COLLIER COUN~ GOVERNMENT COMPLEX
3301 EAST TAMIAMI TRAIL
NAPLES, FLORIDA 34112 SHEET 1 OF 2
1 I 1999
i1.
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 341
(941) 774-8192
SKETCH OF DESCRIPTION
NOT A SURVEY
N 89°39'19"E
643.67'
EXISTING 30 FOOT
UTILITY EASEMENT
r-.- '
GoLF DRiViNG I ,
RANGE i \i/
c°i S 89°44'27"W
50.00 .....
PARCEL 111 j
LU
o [n
t N 8g°35'12"E 577.4g' I,,~
s 8g°35'1TW 642,58'
~-I
PINE RIDGE ROAD (C.R.
GENERAL NOTES
2) P O.B. = POINT OF BEGINNING -~ .... _
3) S~C = SeCT~ON E X H I B I T
4) ~P. = TOWNSHIP
5) RGE. = RANGE ~3
6) R~ = RIGHT OF WAY
7) ALL DI$TANCE8 ARE IN FEET AND DfCIMALS THEREO~
8) NOT VALID UNLEB$ SIGNED AND SEALED WITH
EMBOSSED SEAL OF A PROFESSIONAL ~ND SURVEYOR
NOTTOSCALE JANUARY12,1999 pR111 sheet '°PNA' 11 1999
ps.
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
PRoJEcT NO .................... l.I .....
PROJECT PARCEL NO ......... .8..f.!. ........
TAX PARCEL NO!!..(!.?.~,Z.,4..8,.9..,0..0...3. ........
LEGAL DESCRIPTION (NOT A SURVEY)
drainage, utility & maintenance easement
COMMENCING AT THE NORTHWEST CORNER OF SECTION Ig, '[OWNSIt[P 49 SOUTfl,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA SAID POINT OF COMMENCEN1ENT ALSO
BEING THE CENTERLINE INTERSECTION OF PINE RIDGE ROAD (C.R 886) AND
LIVINGSTON ROAD; THENCE SOUTH 0 DEGREES 15 MINUTES 53 SECONDS EAST, A
DISTANCE OF 75.00 FEET; THENCE NORTH 89 DEGREES 35 MINUTES 12 SECONDS
EAST. A DISTANCE OF 30(10 FEET; THENCE SOUTH 0 DEGREES 15 MINUTES 53
SECONDS EAST ALONG A LINE LYING 30 FEET EAST. AS MEASURED PERPENDICULAR TO,
THE WEST LINE OF SAID SECTION lg, A DISTANCE OF 500.00 FEET TO THE
POINT OF BEGINNING; THENCE NORTH ~9 DEGREES 44 MINUTES 07 SECONDS
EAST, A DISTANCE OF 3000 FEET; THENCE SOUTtt 0 DEGREES 15 MINU'FES 53
SECONDS EAST ALONG A LINE LYING 60 FEET EAST, AS MEASURED
PERPENDICULAR TO, SAID WEST LINE OF SECTION IS, A DISTANCE OF '745.30
FEET; THENCE SOUTH 89 DEGREES 39 MINUTES 19 SECONDS WEST, A DISTANCE
OF 3000 FEET; THENCE NORTH 0 DEGREES 15 MINUTES 53 SECONDS WEST
ALONG AFORESAID LINE LYING 30 FEET EAST OF SECTION 18, A DISTANCE OF
74~ 34 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING
0 513 ACRE (22.36(I SQUARE FEET). MORE OR LESS.
BASIS OF BEARINGS IS SAID WEST LINE OF SECTION 18 BEING
SOUTH 00 DEGREES 15 MINUTES 53 SECONDS EAST.
PARCEL 811A
IEXHIBIT I
/
PROFESSIONAL LAND SURVEYOR-FL, REG. # 2406
PUBLIC WORKS ENGINEERING DEPARTMENT.
COLLIER COUNTY GOVERNMENT COMPI F'~
3301 EAST TAMtAMI TRAIL AG~N,
NAPLES, FLORIDA 34112 SHEE 1 19~'2.__
MAY 11 1999
OFFICE OF CAPITAL PROJECTS
5501 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(94-1) 774-8192
SKETCH OF DESCRIPTION
30'
S.89'39'19"W. 643.67' ~
I
GOLF 745.34'
i
DRiViNG
b /
RANGE
o
,.o PARCEL 811A O n,-
,::t-
c'xl
~ .,.L,jC,4
d O',.O
,.n c,,'~ (..:)cO
o0 ::'h9 ':TOO
~ 0
0
vi P.D.:B.-//V~ g D n-
' PARCEL 111 I 2 ~
.~ 500.00'
0 / :
PARCEL 811B %44°3 0 W.
* _
PINE RIDGE ROAD 75.00'
CR-896 (150' R/W) P,D.C,
GENERAL NDTES
1) P.D.C. Indicates Point oF Commencement
8) P.D.B. Inolicotes Point oF Beginning
3) Sec, Inollc~tes Section
4) Twp. Inollcotes Township
5) Rge. InolIcates Ronge
6) R/~/Indicates Right-oF-w~y
7) All ollstonces ore in Feet anol declmo[s thereof
8) ]~e~rlngs are b~seol on the ~/est line oF solol
I' I
Section 18 as being N.00°15'53'~/. E X H I B I T
9) Not vo[lol unless signeol ond se~[eol with the embosseol
sea[ oF the proFesslona[ [and surveyor
THIS IS ONLY A SKETCH
NDT TB 09-10-97 PR-811A SHE~ 2 C F 11 ~999
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
SKETCH OF DESCRIPTION
NOT A SURVEY
PROJECT NO ............... 60111
PROJECT PARCEL NO..112
FOLIO NO.~'.~.fi.~.!!,?~.(:)f!.().f! .........
fee simple title
: LIVINGSTON WOODS LANE
I S 89'4050"E
: 308.23'
- --: 30'
0 :
rr' ~uI TRACT 1
z ~' :-. -~
C9 z',
I, PARCEL112
r,l 89'3T40'W 279.86'
J PINE RIDGE ROAD (CR. 886)
L .... ,N eg'37'40"w_
LEGAL DESCRIPTION
TItE EAST 15 FEET OF THE OF THE WEST 45 FEET LESS TIlE SOU1H 75 FEET AND THE
NORTH 30 FEET AND TIlE NOIIIH 10 FEET OF IHE SOUlIt 85 FEE1 LESS 1tIE WED[ 30
FEET OF TRACT 1, GOLDEN GATE ESTATES UNIT NO 35, AS RECORDED IN P~T
BOOK 7, PAGE 85, OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA
CONTAINING 10,517 SQUARE FEET OR 241 ACRES MORE OR LESS.
'1
I
EXHIBIT
GENE~L NOTES ~ ~ ~ ~ ~ ~
2) P.O.B. = POINT OF BEGINNJNG PREPARED BY .... DATE.~.
3) SEC. = SECTION EORGE R. RICHMOND
4) TWP. = TOWNSHIP PI~OFESSIONAL ~ND SURVEYOR.FL REG. W 24~
5) ROE. = ~NGE PUBLIC WORKS ENGINEERING DEPT.
6) ~ = RIGHT OF WAY COLLIER COUNTY GOVERNMENT COMPLEX
7) ALL DISTANCES ARE IN FEET AND DECff~LS THEREOF 330~ EAST TAMIAMi TRAIL
8) NOT VALID UNLESS SIGNED AND SEALED WITH THE
NAI'LES. FLORIDA
EMBOSSED SEAL OF A PROFESSIONAL ~ND SURVEYOR
NOT TO SCALE NOVEMBER 23, 1098 PR112 SHEET 1 C F 1
u ',Y 1 '1 1999
OFFICE OF CAPITAL PROJECTS
5301 -EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112.
(941) 774-8192
PROJECT NO.
PROJECT PARCEL NO.
TAX PARCEL NO.
.LEGAL DESCRIPTION (NOT A SURVEY)
temporary driveway restoratLon easement
COIWMENCING AT THE SOUTHWEST CORNER OF SECTION ?, TOWNSHIP 49 SOUTH,
RANGE 26 EAST, COLLIER COUNq3/, FLORIDA. SAID POINT OF COMMENCEMENT
ALSO BEING THE CENTERLINE INTERSECTION OF PINE RIDGE ROAD (C.R. 886)
AND LIVINGSTON ROAD (C.R. 881); THENCE NORTH 0 DEGREES 28 MTNUTES 50
SECONDS EAST ALONG THE WEST LINE OF SAID SECTION 7, A DISTANCE OF
221.92 FEET; THENCE SOUTH 89 DEGREES 37 MINUTES 40 SECONDS EAST, A
DISTANCE OF 45.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89
DEGREES 31 MINUTES 10 SECONDS EAST, A DISTANCE OF 25.00 FEET; THENCE
NORTH 0 DEGREES 28 MINUTES 50 SECONDS EAST. A DISTANCE OF 33.00 FEET;
THENCE NORTH 89 DEGREES 31 MINUTES 10 SECONDS WEST, A DISTANCE OF
25.00 FEET; THENCE SOUTH 0 DEGREES 28 MINUTES 50 SECONDS WEST, A
DISTANCE OF 33.00 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT .
CONTAINING 0.019 ACRE (825 SQUARE FEET), MORE OR LESS.
BASIS OF BEARINGS IS THE WEST LINE OF SAID SECTION 7 BEING
NORTH 00 DEGREES 28 MINUTES 50 SECONDS EAST.
PARCEL 712
E'XHIBIT I
OFFICE OF CAPITAL PROJECTS
COLLIER COUNTY GOVERNMENT COMPLEX M Y:I I 1999
,.3301 E TAMIAMI TRAIL NAPLES, FLORIDA 34112
7/2
--, OFFICE OF CAPITAL PROJECTS
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA ,34112
(94-1) 774-8192
SKETCH OF DESCRIPTION
308.25'
~o ;,. PARCEL 812A
,--. cO
c~~ PARCEL 712 '
O1:~ I ; I
.~ ~ 0 I
o ic I P.D.~. o
'~ , <ARCEL, 112 ~PARCEL 812B
.
I -
....L~I 7 I ,
p.B.C.d:yl'8 310.01 ,~
S.89'37'40"E. r-
PINE RIDGE ROAD (CR-896)
is0' R/w
GENERAL NDTES
1) P.D.C. indicates Point oF Commencement
2) P.O.B, indicates Point oF Beginning
3) Sac. indicates Section E X B I T
4) Twp, Indicates Township
5) Rge, indicates Range
6) R/~/Indicates Right-oF-way
7) A[[ distances are In Feet and decimals thereof
8) Basis oF Bearings is the ~est Une o? said
Section 7 being N,OO'BS'50'E,
9) Not voUd unless signed and sealed with the enbossed
~ seal oF the proFessiona~ [and surveyor
J ,,,
THIS IS ONLY A SK~CH
,
~....~,. ~.~ ~: ~,.~: ~.~; ,,,..o.; ~AY ~ 1999
~', ::, ~ NeT TD SHE~ 2
~:~/.f SCALE 02-07-97 PR-7]B
,.,,
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
PROJECT NO....60111
PARCEL NO ...... 113A
FOLIO NO ..............................
LEGAL DESCRIPTION (NOT A SURVEY) Tract 13 38451040005
Tract 12 - 38451000003
fee simple title
COMMENCING AT TIlE SOUTI IWEST COt(NER OF SECTION 7, TOx, VNSttlt~ 49 SOUTH, t(ANGE
26 EAST, COLLIER COUNTY, t:LORIDA, SAID I'OIN'I' OF COMMENCEMENT ALSO LYING ON
TtlE CENTEI1LINE OF PINE RIDGE I(OAD (C R. 896); '1'11ENCE NOICI'II 89 DEGILEES 34
MIN_UTES 36 SECONDS EAST ALONG SAID CENTEl(LINE, A DISTANCE OF 302.87 FEET;
THENCE NORTI I 0 DEGI'ff. ES 25 MINUTES 24 SECONDS WEST, A DISTANCE OF 75.00 FEE]' TO
THE NORTH RIGHT OF WAY LINE OF SAID PINE RIDGE ROAD AND TO 'FILE POINT OF
BEGINNING; THENCE NORTH 89 DEGREES 34 MINUTES 36 SECONDS EAST, A DISTANCE OF
337.03 FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO THE
SOUTH, HAVING A RADIUS OF 580458 FEET AND A CENTRAL ANGLE OF 2 DEGFCEES 06
MINUTES 1O SECONDS; TItENCE EAST ALONG SAID CURVE, A DISTANCE OF 213.02
THENCE NORTH 0 DEGREES 26 MINUTES 26 SECONDS WEST, A DISTANCE OF 10.Ol FEET TO
THE POINT OF CURVATURE OF A NON-TANGENT CURVE, CONCAVE TO THE SOUTH,
HAVING A RADIUS OF 5814.58 FEET, A CENTIOXL ANGLE OF 2 DEGREES 05 MINUTES 56
SECONDS, AND A CHORD OF 213.00 FEET BEAPdNG NORTtl 89 DEGPdZES 22 MINUTES 26
SECONDS WEST; THENCE WEST ALONG SAID CUI/-VE, A DISTANCE OF 213.02 FEET;
TtlENCE SOUTH 89 DEGREES 34 MINUTES 36 SECONDS WEST. A DISTANCE OF 337.03 FEET;
TttENCE SOUTII 0 DEGREES 25 MINUTES 24 SECONDS EAST. A I)IS'I'ANCE OF' I0.00 FEET TO
TItE I'DINT OF BEGINNING; SAID DESCI(IBI~I) 'I'I(ACT CONTAINING 0. 126 ACI~,[.2 (5,500
SQUARE FEET), MOP, E OR LESS.
BASIS OF BEAKINGS IS TI IE CENI'ERLINE OF PINE I(IDGE ROAD BEING N 89°34'36" E.
PARCEL 113A
PREPARED B .... / .]...DATE..Y././..¢~'/~'~/~ /
~RGE R. RICHMOND
PUBLIC WORKS ENGINEERING DEPARTMENT. N, .
COLLIER COUNTY GOVERNMENT COMPLEX
3301 EAST TAMIAMI TRAIL
NAPLES, FLORIDA 34112 SHEET OF 2 IAY I 1 1999
PUBLIC WORKS ENGINEERiNG DEPARTMENT
3301 EAST TAM1AMI TRAIL NAPLES, FLORIDA 34112
,-- (941) 774-8192
PROJECT NO....60111
PARCEL NO ...... 113A
FOLIO NO ..............................
LEGAL DESCRiPTION (NOT A SURVEY)
z
~ ~ ~ ~ ~..9~.s~o N ,- ~ ....
~ ~ < [: ,
,~, ~ 0 ~ o
O
M,,~&~O N
[ EXHIBIT
~ PREPARED BY ....................................................... DATE ..................
GEORGE R, RICHMOND
PROFESSIONAL ~ND SURVEYOR-FL, REG,
COLLIER COUN~ GOVERNMENT COMPLEX 0.
3301 EAST TAMIAMI TRAIL
NAPLES, FLORIDA 34112 SHEET ~ OF ~ MAY 11 19~0 m
PUBLIC WORKS ENGINEERING I)EI~AI,UI'MENT
3301 EAST TAMIAMI TRAIL NAPLES, FLOI<IDA 34112
(941) 774-8192
PROJECT NO....60111
PARCEL NO ...... 113B
FOLIO NO...3B.g, 5.Z120.0.05
LEGAL DESCRIPTION (NOT A SU!<VIiY)
fee simple title
CON1NIENCING AT THE SOUTHWEST COI~d'4ER OF SECTION 7, 'FOWNSHIP 49 SOUTH. RANGE
26 EAST, COLLIER COUNTY, FLORIDA, SAID POINT OF CONLMENCEMENT ALSO LYING ON
THE CENTERLINE OF PINE RIDGE ROAD (C.R.896); 'FHENCE NORTt t 89 DEGILEES 34
MINUTES 36 SECONDS EAST ALONG SAID CENTERLINE. A DISTANCE OF 302.87 FEET;
THENCE NORTH 00 DEGREES, 25 MINUTES. 24 SECONDS WEST. A DISTANCE OF 75.00 FEET
'1'O 'FILE NOII. TIt RIGlIT OF WAY LINE OF SAID PINE RIDGE P, OAD; TI IENCE NOI~jI'II 89
DEGREES 34 MINUTES 30 SECONDS EAST. A DISTANCE OF 337.03 FEET TO TIlE POINT OF
CURVATURE OF A TANGENT CUP, VE, CONCAVE TO TIlE SOU'I'll, IIAVING A RADIUS OF
580458 FEET AND A CEN'FILAL ANGLE OF 2 DEGREES 06 MINUTES 10 SECONDS; THENCE
EAST ALONG SAID CURVE, A DISTANCE OF 213.02 FEET TO ]'tIE POINT OF BEGINNING;
THENCE CONTINUING EAST ALONG SAID CURVE, A DISTANCE OF 40271 FEET; THENCE
SOUTH 84 DEGREES 20 MINUTES 44 SECONDS EAST, A DISTANCE OF 38.62 FEET; THENCE
NORT[,-I 0 DEGREES 26 MINUTES 26 SECONDS WEST. A DISTANCE OF 10.06 FEET; ']'HENCE
NORTH 84 DEGREES 20 MINUTES 44 SECONDS WEST, A DISTANCE OF 37.55 FEET TO T}IE
POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO ']'lIE SOUTI I, HAVING A
RADIUS OF 5814.58 FEET AND A CENTILAL ANGLE OF 3 DEGP. EES 58 MINUTES 44 SECONDS;
THENCE ',VEST ALONG SAID CURVE. A DISTANCE OF 403.78 FEET; TIIENCE SOUTI] 0
DEGREES 26 MINUTES 26 SECONDS EAS:I', A DISTANCE OF II) 01 FEET TO TIlE POINT
BEGINNING; SAID DESCRIBED TRACT CONTAINING O. 101 ACRE (4,413 SQUARE FEET),
MORE OR LESS.
13ASIS OF BEARINGS IS TIlE CENTEl{LINE OF PINE RIDGE ROAD 13EING N 89034'3(,'' E.
PARCEL 11313
I EXd~IBIT I
PROFESSIONAL LAND SURVEYOR-FL. REG. #
PUBLIC WORKS ENGINEERING DEPARTMENT. 10.~
COLLIER COUNTY GOVERNMENT COMPLEX
3301 EAST TAMIAMI TRAIL
NAPLES, FLORIDA 34112 SHEET OF NAY 11 1999
Jf ....
PUBLIC WORKS ENGINEERiNG DEPARTMENT
3301 EAST TAMIAMI TP-JklL NAPLES, FLORIDA 34112
---- (941) 774-8192
PROJECT NO....60111
PARCEL NO ...... 113B
FOLIO NO ..............................
LEGAL DESCRiPTION (NOT A SURVEY)
~ ~ [ oc0u~zz
w o,,.6r4c4~
zw ~. , ~ ,
'¢: o '\
F.-v < ,
wO ,:9
LijClC] ~'~ ~
Zn .
Wzi EX(~IBIT J
PREPARED BY ....................................................... DATE ..................
GEORGE R. RICHMOND
PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406
PUBLIC WORKS ENGINEERING DEPARTMENT,
COLLIER COUNTY GOVERNMENT COMPLEX
3301 EAST TAMIAMI TRAIL
NAPLEs, FLoRiDA 3~1~2 SHSST~ OF2 ~AY 1 I 1999
PG,
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
PRo.,EcT PARCEL NO ........... 1/,4 ......
LEGAL DESCRIPTION (NOT A SURVEY)
£ee simple title
A PARCEL OF LAND LYING 1N SECTION 115, I'OWNSItIP 49 SOU'I'll, IL,XNGE 26
EAST, COLLIER COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS;
CONllVlENCING AT THE NORTHWEST COgOR OF SAID SECTION 18; THENCE NORTH 89
DEGREES 34 MINUTES 36 SECONDS EAST ALONG THE NORTH LINE OF SAID
SECTION 18, A DISTANCE OF 644.09 FEET; THENCE SOUTH 0 DEGREES 19
MINUTES 33 SECONDS EAST, A DISTANCE OF 75.00 FEET TO THE SOUTH RIGHT
OF WAY LINE OF PINE KIDGE ROAD (C.R. 896) AND THE POINT OF BEGINNING;
THENCE NORTH 89 DEGREES 34 MINUTES 36 SECONDS EAST, A DISTANCE OF 2.97
FEET TO THE POINT OF CUP, VATURE OF A TANGENT CURVE, CONCAVE TO l'l lE
SOUTH, HAVING A RADIUS OF 5654.58 FEET AND A CENTRAL ANGLE OF 3
DEGREES 14 MINUTES 50 SECONDS; THENCE EAST ALONG SAID CURVE, A
DISTANCE OF 320.47 FEET; THENCE SOUTH 0 DEGREES 21 MINUTES 15 SECONDS
EAST, A DISTANCE OF 35.05 FEET TO THE POINT OF CURVATUI/ti OF A
NON-TANGENT CURVE. CONCAVE TO THE SOUTH, HAVING A RADIUS OF 5619.58
FEET, A CENTRAL ANGLE OF 3 DEGREES 16 MINUTES 01 SECOND, AND A CHORD
OF 320.39 FEET BEARING NORTH 88 DEGREES 47 MINUTES 23 SECONDS WEST;
THENCE WEST ALONG SAID CURVE, A DISTANCE OF 320.43 FEET; THENCE SOUTH
89 DEGREES 34 MINUTES 36 SECONDS WEST, A DISTANCE OF 3.03 FEET; THENCE
NORTH 0 DEGREES 19 MINUTES 33 SECONDS WEST, A D1STANCE OF 35.00 FEET
TO THE POINT OF BEGINNING; SAID DESCRIBED TRACI' CONTAINING 0.260 AGILE
(11,321 SQUAILE FEEl'), MOllj. i O11. LESS.
BASIS OF BEARINGS IS THE NORTtt LINE OF SAID SEC'I'ION 18 BEING
NORTH 89 DEGREES 34 MINUTES 36 SECONDS EASI'.
PARCEL 114
EXHIBIT
PROFESSIONAL LAND SURVEYOR-FL, REG. # 2406
PUBLIC WORKS ENGINEERING DEPARTMENT.
COLLIER COUNTY GOVERNMENT COMPLEX
3301 EAST TAMIAMI TRAIL 1~0 ._
NAPLES, FLORIDA 34112 SHEET I )F
MAY 1 11999
PGo
PUBLIC tVORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAIdl TRAIL NAPLES, FLORIDA 34112
(941) 774-8%192
SKETCH OF DESCRIPTION
Curve number 1
Radius = 5654.58'
A = 03'14'50'
Arc = 380.47'
Chord = 3a0.43 ..,,
Chord BP9. S.88'47'59'E.
Cucve number' E
Radius = 5619.58'
A = 03'16'01'
Arc = 380.43'
Chord = 3~0.39'
Chord BP9. N,88'47'B3'~.
- /
I
]~S.00'21'15"E.
~ 35.05'
N.~9'34'ZG"E.~
2.97' ~~(X,
S.O0'lQ'55"E.-
I ].
O ,14. UU' :~ % ' ' "'
~N.O0'I 9'3YW.
GENERAL NDTES 5 00'
D P.D.C. indlc~ies Point oF Commencement P'Q'~"
8) P.D.B. tndtc~les Point oF Beginning P.D.C.
3) See Indicates Section Northwest corner of
4) Twp. Indicates Township Section 18. Twp. 49 S.,
5) Rge. Indlcetes Renge Rgc 26 E.
6) R/W Indicates RIght-oF-way Collier tlounty. i'Lomidd
7) A[[ distances ~re In Feet and decliners thereof
8) Be~rtngs ore b~sed on the North
Section 18 as being N,Bg'34'36'E.
9) Not vaLId unless signed and sealed wl~h the embossed
seGL oF ~he proresslonGt LGnd surveyor E X H I B I T
NaT TB 11-18-98
L.H.R. SCALE.. ' ' PC.
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
SKETCH OF DESCRIPTION
NOT A SURVEY
PROJECT NO ............... 60111
PARCEL NO .................... 715
FOL,O NO.. S~.7.~!.I.!!P.7..3.,R!! ........
temporary driveway resLuration easement
I
PINE RIDGE ROAD (C.R. 896) 75'
150' RXW
TRACT 11 25' ..' k"'
1345'
~ 1251.7~'~ 93.24' T I'
[ PARCEL 715 15'~
TRACT "R"
; 165' RXW ,"~",
I
!
KENSINGTON PARK PHASE ONE
a P.B. 21. PG. 62-67
DESCRIPTION PARCEL 715
THE NORTH 15 FEET OF THE EAST 120 FEET OF THE WEST 213.24 FEET
OF T~CT "R" OF THE P~T THEREOF, KENSINGTON PARK PHASE ONE, AS
RECORDED IN P~T BOOK 21, PAGES 62-67, OF THE PUBLIC RECORDS OF
COLLIER COUNW, FLORIDA.
CONTAINING 1800 SQUARE FEET OR .041 ACRES MORE OR LESS.
GENE~L NOTES ~ ~
1) P.O.C. = POINT OF COMMENCEMENT
2) P.O.B. = POINT OF BEGINNING PREPARED BY
3) SEC. = SECTION ~ GEORGE R R~CHMOND
4) TWP. = TOWNSHIP PROFESSIONAL ~ND SURVEYOR-FL. REG. ~ 2406
5) RGE. = ~NGE PUBLIC WORKS ENGINEERING DEPT.
6) ~ = RIGHT OF WAY COLLIER COUNW GOVERNMENT COMPLEX
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 33ol EAST TAMIAMI TRAIL
8) NOT VALID UNLESS SIGNED AND SEALED WITH THE
NAPLES, FLORIDA 34112
NOTTOSCALE OCTOBER 26,1998 PR702A SHEET1OF1 ~IAY 1 11999
PC.
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES. FLORIDA 34112
(941 ) 774-8192
PRoJEcT NO ...................... ;././. ../. . ..
PROJECT PARCEL NO ............ L..//.~. ......
TAX PARGEL NO..0. Q.;LS. 8.Q.Q.0.0,Q.0. ......
LEGAL DESCRIPTION (NOT A SURVEY)
fee simple title
A PORTION OF LAND LYING IN SECTION I8, TOWNSHIP 49 SOUTH, RANGE 26
EAST, COLLIER COUNTY. FLO~dDA, AND BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS;
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 18~ THENCE NORTH 89
DEGREES 34 MINUTES 36 SECONDS EAST ALONG THE NORTH LINE OF SAID
SECTION 18, A DISTANCE OF 967.32 FEET; THENCE SOUTH 0 DEGREES 21
MINUTES 15 SECONDS EAST, A DISTANCE OF B4.08 FEET I'O THE SOUTH
RIGHT OF WAY LINE OF PINE RIDGE ROAD (C.R. 896) AND THE POINT OF
BEGINNING; SALD POINT BEING THE BEGINNING OF A NON-TANGENT CURVE,
CONCAVE TO THE SOUTH, HAVING A RADIUS OF 5654.58 FEET, A CENTRAL ANGLE
OF 2 DEGREES 49 MINUTES 50 SECONDS, AND A CHORD OF 279.32 FEET BEAP, ING
SOUTH 85 DEGREES 45 MINUTES 41 SECONDS EAST; TItENCE EAST ALONG SAID
CURVE, A DISTANCE OF 279.35 FEET; TI-LENCE SOUTH 84 DEGRJEES 20 MINUTES
44 SECONDS EAST, A DISTANCE OF 44.30 FEET; THENCE SOUTH 0 DEGREES 22
MINUTES 55 SECONDS EAST, A DISTANCE OF 35.20 FEET; THENCE NORTH 84
DEGREES 20 MINUTES 44 SECONDS WEST, A DISTANCE OF 48.00 FEET TO THE
POINT OF CURVATUP, E OF A TANGENT CURVE, CONCAVE I'O TI:LE SOU'FIt, tlAVING A
t~:)IUS OF 5619.58 FEET AND A CENTRAL ANGLE OF 2 DEGREES 48 MINUTES 39
SECONDS; THENCE WEST ALONG SAID CURVE, A DISTANCE OF 275.68 FEET;
THENCE NORTH 0 DEGREES 21 MINUTES 15 SECONDS WEST, A DISTANCE OF 35.05
FEET TO THE POINT OF BEGINNING; SAID DESCPdBED TRACT CONTAINING 0.260
ACRE (11,329 SQUAKE FEET), MORE OR LESS.
BASIS OF BEARINGS IS THE NORTH LINE OF SAID SECTION 18 BEING
NORTH 89 DEGREES 34 MINUTES 36 SECONDS EAST.
PARCEL 116
EX H?ABIT
PROFESSIONAL LAND SURVEYOR-FL, REG. # 2406
PUBLIC WORKS ENGINEERING DEPARTMENT.
COLLIER COUNTY GOVERNMENT COMPLEX
3301 EAST TAMIAMI TRAIL
NAPLES, FLORIDA 34112 SHEET 10
MAY 11 1999
PUBLIC tFORHS ENGINEEtUhVG DEPART~'UENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 '
(941) 774-8192
SKETCH OF DESCRIPTION
Curve number l
Radius = 5654,58'
A = 02'49'50'
Arc = 279,35'
Chord = 279.32'
Chord Br9. S.85'45'41'E.
Cul~ve number 2
Radius = 5619,58'
A = 02'48'39'
Arc = 275.68'
Chord = 275.66'
Chord Brg. N.85'45'O4'V.
ft
44.30' ' __ __ __
N.OO'21'15"W.
35 05'
N.89'34'36"E< 967.32'
GENERAL NFITES
1) P.E].C. IndlcGtes Polefit oF Commencement
2) P.FI.B. indicates Point oF Beginning
3) Sac. indlca~ce5 SectIon Northwest corner of
4) Twp. Indicates Township Section 18. Twp. 49 S..
5) ege. indicates Range Rge 26 E.
6) R/W Indicates RIght-oF-way Collier Count),, Florido
7) All distances are In Feet c~nd declmc~[s ~.hereoF
8) Bearings are based on the North line oF
Section 18 QS being N.89'34'36'E,
9) Not valid unless signed and seated with the embossed
seal oF the proFessionaL lend surveyor E X BIT
TFtlS IS ONLY A SI<E1CH
~ "~= ~"'~'~ ~' '~: ~'~: l~ "°'= '~ f ~ 1 1999
NOT TO 11-18-98 116 SHEET ? OF 2
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941 ) 774-8192
~,RojEcT No ................... ~..C2../.ZZ ....
PROJECT PARCEL NO ........... Z../...~... .....
TAX PARCEL NO...0...0..2...8..7..4...4...0...0.,0...1. ......
LEGAL DESCRIPTION (NOT A SURVEY)
fee simple title
LEGAL DESC!~,IPTION
A parcel of land lying in Section 18, Township 49 South, Range 26 East, Collier County,
Florida and being more particularly described as follows;
COMMENCE at the Northwest Corner of said Section 18, thence run N 89° 34' 36" E
1289.76 feet; thence S 00° 22' 55" E 111.47 feet to the POINT OF BEGINNING of
the parcel of land hcrcinaftcr described, said point also being on the South l,'dght of Way
Line of Pine Ridge Road (CR 896); thence S 84° 20' 44" E 5570 feet to a point of
curve; thence along a curve to the left having a radius of 5804.58 feet, a central angle of
2° 38' 45", an arc length of 268.05 feet and a chord which bears S 85° 40' 0Y' E to
a point on a non-tangential line; thence S 00° 24' 36" E 35.06 feet to a point on a non-
tangential curve; thence along a curve to the right having a radius of 5839..58 feet, a
central angle of 2° 39'59" an arc length of 271.76 feet and a chord which bears N 85°
40' 4Y' W to a point on a tangential line; thence N 00° 22' 55" W 35.46 feet to the
POINT OF BEGINNING.
Containing 11,33 1 square feet, more or less.
bobxpag'~lgld043 Parcel No. 118
EX~Flli"IT !
PREPARED ~~::.~i~.~.8~.~ ........ ~AT~ .............
PROFESSIONAL LAND 8URVEYOR-FL. REG. # 2406
PUBLIC WORKS ENGINEERING DEPARTMENT.
COLLIER COUNTY GOVERNMENT COMPLEX
330~ EAST TAMIAMI TRAIL .....
NAPLE,S. FLOR~DA 34112 SHEET ~ C : 2N0 ~
NAY 1, ] ]999
PUBLIC tFORKS ENGINE,t'TRING D~'PARTM~TNT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
SKETCH OF DESCRIPTION
Curve number 1
Radius = 5804,58'
A = 02'38'45'
Arc = 268,05'
Chord = 268.02'
Chord Brg. S.85'40'07'E.
Curve number 2
Radius: 5839.58'
A = 08°39'59·
Arc = 871,76' ~ 5.00'24'36"E.
Chord = 271.73'
Chord Br9. N.85'40'43'~Z. S.84'20"44"E. 35.06'
55.70' ~ ! ' ' '
C-1 C-2
1 .
.84'20'4N'W.
~,
8) P.D.B, indicG~es Point or ~eglnnlng
3) Sac, indicates Section Northwest corner of
4) Twp, IndtcGtes Township Section 18, Twp. 49 S.,
5) Rge. indlc~tes R~nge Rge 26 E.
6) R/~ Indicates Rlght-or-w~y Collier County, Florida
7) A[t distances ace In Feet and decimals thecooP
8) Bearings ore based on the North Une or
Section 18 gs being N. Sg'34'36'E,
9) Not vaUd untess signed Grid seated with the embossed
THIS IS ONLY A SKETCH
,~ ~, c,~c~ ~: ~s~, ~,~ n~ ,o.: 0 ~2 p~s~' 'Y' q 7
T T H-Z8-98 SHEET
NO 0 118 -
SCALE,
PUBLIC WORKS ENGINEERING DEPARTMENT
"" 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941 ) 774-8192
PROJECT NO .................. ~..(2../..(.[. ........
PROJECT PARCEL NO ......... !.1..9.. .........
TAX PARCEL NO .....................................
LEGAL DESCRIPTION (NOT A SURVEY) Folios~
Trace 29 - 38452160007
Tract 44 & 45
38453161005
fee simple title
CONt~ENCING AT THE SOUTHWEST CORNER OF SECTION ?, TO~VNSH1P 49 SOUTH, RANGE
26 EAST, COLLIER COUNTY, FLORIDA; THENCE NORTH 89 DEGREES 34 MINUTES 36
SECONDS EAST ALONG THE SOUTH LINE OF SECTION ?, A DISTANCE OF 1299.78 FEET;
THENCE NORTH 0 DEGREES 26 MINUTES 26 SECONDS WEST, A DISTANCE OF 38.64 FEET TO
THE POINT OF BEGINNING~ THENCE SOUTH 84 DEGREES 20 MINUTES 44 SECONDS EAST, A
DISTANCE OF 61.53 FEET ALONG THE NORTIt RIGlIT OF WAY LINE OF PiNE RIDGE ROAD
(C.R~96) THE NEXT 3 COURSES TO THE POINT OF CURVATURE OF A TANGENT CURVE.
CONCAVE TO THE NORTH, HAVING A RADIUS OF 5654.58 FEE']' AND A CENTRAL ANGLE OF
6 DEGREES 04 MINUTES 40 SECONDS; THENCE EAST ALONG SAiD CURVE, A DISTANCE OF
599.82 FEET; THENCE NORTH g9 DEGREES 34 MINUTES 36 SECONDS EAST, A DISTANCE OF
~ 32994 FEET; TFLENCE NORTH 0 DEGREES 26 MINUTES 26 SECONDS WEST, A DISTANCE OF
15.00 FEET; THENCE SOUTH 89 DEGREES 34 MINUTES 36 SECONDS WEST, A DISTANCE OF
329.94 FEET;TO THE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO THE
NORTH,HAVING A RADIUS OF 563958 FEET, AND A CENTRAL ANGLE OF 6 DEGREES 04
MINUTES 40 SECONDS; THENCE EAST ALONG SAiD CURVE, A DISTANCE OF 598.23 FEET;
THENCE NORTH g4 DEGREES 20 MINUTES 44 SECONDS WEST, A DISTANCE OF 63.13 FEETi
THENCE SOUTH 0 DEGREES 26 MINUTES 26 SECONDS EAST, A DISTANCE OF 15.09 FEET TO
THE PO1NT OF BEGINNING; SAiD DESCRIBED TRACT CONTAINING 0.341 ACRE (14,869
SQUAKE FEET), MORE OR LESS.
BASIS OF BEARJNGS IS THE SOUTH LINE OF AFORESAID SECTION ? BEING N 89o34'36" E.
PUBLIC WORKS ENGINEERING DEPARTMENT.,,
3301 EAST TAMIAMI TRA~L N0.
NAPLES, FLORIDA 34112 SHEET OF 2
HA',' 1 11999
PUBLIC WOR, KS ENGINEEI'I, 1NG DEPAI{TMENT
330'1 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34'112
(94'1) 774-8'192
SKETCH OF DESCRIPTION
NOT A SURVEY
I
rD
I--
, I
I
' I '
I
GENERAL NOTES 8_.
~) PO.C, = POINT OF COMMENCEMENT
4) ~P = TOWNSHIP
5) RGE. = RANGE --
6) R~ = RIGHT OF WAY
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF
8) NOT VALID UNLESS SIGNED AND SEALED WITH THE ~ ~ G[ "'
EMBOSSED SEAL OF A PROFESSIONAL ~ND SURVEYOR NO
NOTTOSCALE JANUARY14,1999 PRl19 SHEET2 ~2 MIY I 1 1999
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES. FLORIDA 34112
(941) 774-8192
PROJECT NO ................... ~..(~../../..L'. ....
PROJECT PARCEL NO ........... {._~.....~.. .....
TAX PARCEL NO..0.,?..2...8,.7...5...2..,0..0...0...2 ........
LEGAL DESCRIPTION (NOT A SURVEY)
fee simple title
A PARCEL OF LAND LYING IN SECTION 18, TOWNSHIP 49 SOUT[I, RANGE 26
EAST, COLLIER COUNTY, FLOPdDA AND BEING MORI~ PARTICULAP~LY DESCRIBED AS
FOLLOWS;
COM1vIENCING AT THE NORTHWEST CORNER OF SAID SECTION 18; THENCE
NORTH 89 DEGREES 34 MINUTES 36 SECONDS EAST ALONG THE NORTH LINE OF
SAiD SECTION 18, A DISTANCE OF 1612.20 FEET; THENCE SOUTH 0 DEGREES 24
MINUTES 34 SECONDS EAST, A DISTANCE OF 139.59 FEET TO THE POINT OF
BEGINNING; SAiD POINT ALSO LYING ON THE SOUTH RIGHT OF WAY LINE OF
PINE RIDGE ROAD (C.R. 896) AND BEING TtIE BEGINNING OF A NON-TANGENT
------ CURVE, CONCAVE TO THE NOR'HI, tlAVING A IL4.DIUS OF 5804.58 FEET, A
CENTRAL ANGLE OF 3 DEGREES 11 MINUTES 08 SECONDS, AND A CHORD OF
322.68 FEET BEARING SOUTH 88 DEGREES 35 MINUTES 03 SECONDS EAST;
THENCE EAST ALONG SAID CURVE, A DISTANCE OF 322.73 FEET; "I'HENCE SOUTH
0 DEGREES 26 MINUTES 17 SECONDS EAST, A DISTANCE OF 35.00 FEET TO THE
POINT OF CURVATURE OF A NON-TANGENT CURVE, CONCAVE TO THE NORTH,
HAVING A RADIUS OF 5839.58 FEET, A CENTRAL ANGLE OF 3 DEGREES 10
MINUTES 00 SECONDS, AND A CHORD OF 322.70 FEET BEARING NORTH 88
DEGREES 35 MINUTES 43 SECONDS WEST; THENCE WEST ALONG SAID CURVE, A
DISTANCE OF 322.74 FEET; THENCE NORTH 0 DEGREES 24 MINUTES 36 SECONDS
WEST, A DISTANCE OF 35.06 FEET TO THE POINT OF BEGINNING; SAID
DESCRIBED TRACT CONTAINING 0.259 ACRId. (11.295 SQUAPd2 FEET), MORE OR
LESS.
BASIS OF BEARINGS 1S TtIE NORTH LINE OF SAID SECTION 18 BEING
NORTH 89 DEGREES 34 MINUTES 36 SECONDS EAST.
PARCEL 129
EXHIBIT
.
PREPARED
P~dFESSIONAL LAND SURVEYOR-FL REG. # 2406
PUBLIC WORKS ENGINEERING DEPARTMENT,
COLLIER COUNTY GOVERNMENT COMPLEX
NAPLES. FLORIDA 34112 SHEET 1 OF 2 -
'NAY 11 1999
.... 120
PUBLIC IFORlqS ~'NGINIS~'I~ING DSPARTMEzVT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(9411 774-8192
SKI:ICt l OF I'/I:SC, I~IPIION
I
I
Radius = 5804,58'
A = 03'11'08'
Arc = 382.73'
Chord = 382.68 / S.00'26'17"E.
Chord gr9. S.88'35'03'E. 35.00'
Curve number 2 -- -- --
Radias= 5839.58'
A = 03'10'00' :- -2
Arc = 322.74' S.00.24,5596,,E.
Chord = 322.70' 139 '
Chord Brg. N.BB'35'43'W. '
P.D.B.
GENERAL NOTES
11 P.O.C. Indicates Point oF Commencement
21 P.D.B. indlcc~tes Point oF ]3eglnnlng P.E].C.
31 Sec. indlcotes Sect, ton Northwest corner of
41 Twp. Indicates Township Section 18. Twp. 49 S.,
51 Rge. indlcetes Range Rge 26 E.
61 R/~/indicates Rlght-oF-wc~y
71 At[ distances are in Feet c~nd decimals thereof Collier County, Florida
81 Bearings are based on ~he North Une oF
Section 18 ~s being N.89*34'36'E.
91 No~ v~Ud unless signed and se~[ed wl'th ~he embossed
seal oF the professional Wnd surveyor
'~H~s ~s O~L',' A s,<El,::,~e-~ ~ --~~AY 1 11999
D~ BY: CH[CKED BY: t $~L[: ~I[: IlL[ NO,:
NBT T~ 130 SHEET
L.N.R. 11-18-98 -
SCALE
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941 ) 774-8192
PROJECT NO ....... ~..(.2.../1.~/ ...................
PARCEL NO ......... [..2...~.. ..........
FOUO Nog.~g.~Z.!..6..9.9.9..6. ..........
LEGAL DESCRIPTION (NOT A SURVEY)
fee simple title
COMNIENCING AT THE NORTHWEST CORNER OF SECTION IS, TOWNSHIP 49 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA, THENCE NORTH 89 DEGREES 34 MINUTES 36
SECONDS EAST ALONG THE NORTH LINE OF SECTION 18, A DISTANCE OF 193464 FEET;
THENCE SOUTH 0 DEGREES 26 MINUTES 17 SECONDS EAST. A DISTANCE OF 149.95 FEET
TO THE POINT OF BEGINNING AND THE POINT OF CURVATURE OF A NON-TANGENT
CURVE, CONCAVE TO THE NORTH, HAVING A RADIUS OF 5804.58 FEET, A CENTRAL ANGLE
OF 0 DEGREES 14 MINUTES 47 SECONDS. AND A CHORD OF 24.96 FEET BEARING NORTH 89
DEGREES 42 MINUTES 00 SECONDS EAST; THENCE EAST ALONG SAID CURVE, A DISTANCE
OF 24.96 FEET; THENCE NORTII 89 DEGREES 34 MINUTES 36 SECONDS EAST. A DISTANCE
OF 61995 FEET; THENCE NORTIt 89 DEGREES 31 MINUTES 34 SECONDS EAST. A DISTANCE
OF o 38 FOOT; THENCE SOUTtl 0 DEGREES 29 MINUTES 39 SECONDS EAST, A DISTANCE OF
511) 28 FEET; THENCE SOUTH 89 DEGREES 30 MINUTES 21 SECONDS WEST, A DISTANCE OF
30.00 FEET; THENCE NORTH 0 DEGREES 29 MINUTES 39 SECONDS WEST, A DISTANCE OF
26027 FEET; THENCE SOUTH 89 DEGREES 30 MINUTES 21 SECONDS WEST A DISTANCE OF
5.00 FEET THENCE NORTH 00 DEGREES 29 IvlINUTES 39 SECONDS WEST A DISTANCE OF
165.00 FEET; THENCE NORTH 48 DEGREES 33 MINUTES 10 SECONDS WEST. A DISTANCE OF
7499 FEET; THENCE SOUTH 89 DEGREES 34 MINUTES 36 SECONDS WEST. A DISTANCE OF
529.60 FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO THE
NORTH, HAVING A RADIUS OF 5839.58 FEET AND A CENTRAL ANGLE OF 0 DEGREES 14
MINUTES 41 SECONDS; THENCE WEST ALONG SAID CURVE, A DISTANCE OF 24.95 FEET;
THENCE NORTH 0 DEGREES 26 MINUTES 17 SECONDS WEST. A DISTANCE OF 35.0U FEET TO
THE POINT OF BEGINNING CONTAINING 39,316 SQUARE FEET OR 091}3 ACRES.
PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406
PUBLIC WORKS ENGINEERING DEPARTMENT.
COLLIER COUNTY GOVERNMENT COMPLEX -
3301 EAST TAMIAMI TRAIL ~
NAPLES, FLORIDA 34112 SHEET , OFH~..2~ ,f
f4A'f 11 1999
PUBLIC WORKS ENGINEERING DEPARTMENT
330'1 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34'1 '12
(94'1) 774-8'192
SKETCH OF DESCRIPTION
NOT A SURVEY
.~---~-- P.O.C.
,' NORTHWEST CORNER SECTION 18,
,, TOWNSHIP 49 SOUTH, RANGE 26 EAST
F N 89°34'36"E
1934.64'
~ ~ PINE RIDGE ROAD C.R, 896 N 89°37'34"E
z 150' R\W 0.38'
P.O,B.
I N 89°34'36"E
~i. .... C1 619.95'
24.96' S 89°34'36"W l
~'i~ 529.60' ,>~,
C2 z ~
0°26'17.0"E 24.95'
35.0O' PARCEL 123
Z
S89o30.21,,W ,
5.00' -
- 'O
Z ~
S 89~30'2~/
30.00'
Cu~e Delta Angle Radius Arc Tangent Chord Chord Bearin
1 0'14'47" 5804.58 24.96 12.48 24.96 N 89° 2'00"
4
2 0"14'41" 583958 24.95 12.48 24.95 S 89041'57'' W
GENERAL NOTES
1) P.O.C = POINT OF COMMENCEMENT
2) PO.B. = POINT OF BEGINNING
3) SEC=SECTION EXHIBIT
4) ~P. = TOWNSHIP
5) RGE. = RANGE
6) R~ = RIGHT OF WAY '~c ~ o~
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF
EMBOSSED SEAL OF A PROFESSIONAL ~ND SURVEYOR .
~oTToscA~E SHEET2 ~F2NAY 11 1999
PC.
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
--- (941) 774-8192
SKETCH OF DESCRIPTION
NOT A SURVEY
PROJECT NO .......... 60111
PARCEL NO ............ 124
FOLIO NO..3..~.~.~.~.?..8.~).q.O..~ .........
/'L fee simple t it le
i'~ '1I
!' I ", N 89°40'50"W 330.0'
F-- o~ ~, TRACT 60
z 30'
PARCEL 124
,
15'
_, _ 3oj.o~ .....
....... '~' S 89o37'40" E 330.0'
PINE RIDGE ROAD
LEGAL DESCRIPTION
THE SOUTH FIFTEEN (15') FEET OF TRACT 60 LESS
THE EAST THIR~ (30') FEET THEREOF, OF THE
P~T THEREOF, GOLDEN GATE ESTATES. UNIT
NO. 35, AS RECORDED IN P~T BOOK 7, PAGE 85,
OF THE PUBLIC RECORDS OF COLLIER COUNt,
FLORIDA.
CONTAINING 4500 SQUARE FEET OR .103 ACRES
MORE OR LESS.
EXHIBIT
GENE~L NOTES .p~5~ ~q ~ ~ ~ ~Z.
2) P.O.B. = POINT OF BEGINNING PREPARED B ~ .DATE.,.
3) SEC. = SECTION FORGE R RICHMOND
4) TWP. = TOWNSHIP PROFESSIONAL ~ND SURVEYOR-FL. REG, ~ 2406
~ 5) RGE. = ~NGE PUBLIC WORKS ENGINEERING DEPT.
6) ~ = RIGHT OF WAY COLLIER COUN~ GOVERNMENT COMPLEX
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 3301 ~ST TAMIAMI TRAIL
8) NOT VALID UNLESS SIGNED AND SEALED WITH THE NAPLES, FLORIDA 34112
NOTTOSCALE FEBRUARY22.1999 PR124 SHEET~DF~A'Ill 1999
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941 ) 774-8192
SKETCH OF DESCRIPTION
NOT A SURVEY
PROJECT NO .......... 60111
PARCEL NO ............ 125
FOLIO NO .....................................
// E 30' of Tr 60
X 38453900002
~ tk, fee simple title Tract O1 - 38454000000
/ --A N 89°40'50"W 3300'
/,.
,,~ b b
.o _,- TRACT61 ,-
e 30'
o ~8 ~o
F ~ ,,PARCEL ~25 i
S 89~37'40"E 360.0' 'j ........
PINE RIDGE ROAD
LEGAL DESCRIPTION
THE SOUTH FIFTEEN (15') FEET OF TRACT 61 AND
THE SOUTH FIFTEEN (15') OF THE EAST THIRTY (30')
FEET OF TRACT 60, OF THE P~T THEREOF, GOLDEN
GATE ESTATES, UNIT NO. 35, AS RECORDED IN P~T
BOOK 7, PAGE 85, OF THE PUBLIC RECORDS OF
COLLIER COUNW, FLORIDA.
CONTAINING 5400 SQUARE FEET OR .124 ACRES
MORE OR LESS.
EX~BIT
GENE~L NOTES ~ ~ ~
1) P.O.C. = POINT OF COMMENCEMENT ~ ~ /~,
2) P,O.B. = POINT OF BEGINNING PREPARED BY ....
.
3) 8EC. = SECTION RGE R. RICHMOND
4) TWP. =TOWNSHIP PROFESSIONAL ~ND SURVEYOR-FL REG. ~ 2406
5) RGE. = ~NGE PUBLIC WORKS ENGINEERING DEPT,
~) ~ ~ RIGHT OF WAY COLLIER COUN~ GOVERNMENT COMPLEX
7} ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF a30~ EAST TAMIAMI TRAIL
8) NOT VALID UNLESS SIGNED AND SEALED WITH THE
NAPL[8, FLORIDA
EMBOSSED SEAL OF A PROFESSIONAL ~ND SURVEYOR
NOT TO SCALE FEBRUARY 22, 19gg PR125 SHEET OF
ps.
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
,,'/i'" SKETCH OF DESCRIPTION
' '" NOT A SURVEY
,' I ',
/',,14, "'1 PROJECT NO ............... 60111.
' PROJECT PARCEL NO.126
! TAX PARCEL NO .....................................
CROSSROADS MARKET AT THE VINEYARDS
P,B 20, PGS, 7 & 8
1::3 232'
>~> I
ILl > 20't-' BUFFER EASEMENT
:D .,- ~ TRACT 4
O rr ~ b TRACT "D"
i:1. "' I ~-~%.O" PARCEL 126
Z L_
~, 22T' ' ' 'I' - -- lo'
207'
PINE RIDGE ROAD C.R. 896
150' R\W
DESCRIPTION PARCEL: 126
THE SOUTH 10 FEET OF TRACT 4, OF THE PLAT THEREOF, CROSSROADS MARKET
AT THE VINEYARDS, AS RECORDED IN PLAT BOOK 20, PAGES 7 & 8, OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA.
CONTAINING 2210 SQUARE FEET OR 0.051 ACRES MORE OR LESS.
EXHIBIT
GENERAL NOTES
1) P.O.C. = POINT OF COMMENCEMENT /
2) P.O.B = POINT OF BEGINNING PREPARED B ~ :: ....................... DATE ................
3) SEC. = SECTION EORGE R, RICHMOND
4) TWP. = TOWNSHIP PROFESSIONAL LAND SURVEYOR-FL. PEG, # 2406
5) RGE. = RANGE PUBLIC WORKS ENGINEERING DEPT.
6) RAN = RIGHT OF WAY COLLIER COUNTY GOVERNMENT COMPLEX
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 3301 EAST TAMIAMI TRAIL
8) NOT VALID UNLESS SIGNED AND SEALED WITH THE
DRAWN BY CHECKED BY SCALE DATE FILE NO
NOTTOSCALE OCTOBER27,1998 PR126 SHEET1 ~F~HA' 11 1999
/27
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
Project: 60111
fee simple title Folio No. 38455000009
SKETCH OF DESCRIPTION
LIVINGSTON MEADOW
Plat Book 19, Page 66
N .89'40'50"W.
350.00'
:°i~ TRACT TRACT
TRACT ~ ~q
·
o®
I 5~outh 15' fee[
_ _ of Tract 76
~0.00' I
S.89'~7'40"E.
PINE RIDGE ROAD (CR-896)
~5o' R/W
LEGAL DESCRIPTION
The South, fifteen (15') feet of Tract 76 of
the Plat thereof, Golden Gate Estates Unit
as recorded in Plat Book 7, Page 85 of the
Public Records of Collier County, Florida
Containing 4,950 square feet more or less·
Basis of Bearings is the North Right of Way line
of Pine Ridge Rood being S.89'37 40"E.
THIS IS ONLY A SKETCH
Oi~RGE R RICIIMOND ~ ,- -
i ,:
OFficE Or C~IIAt PROJECTS ~ ~' ,
COLUER COUN~ GO~RN~4ENT COMPLEX ~ '
~301 [ T~I T~IL ~PLES. FLORIDA 34~ 12
T T SHEET 1 OF :1 '
ND O U-lS-98 iS7 ~s
i .... "
iz~
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES. FLORIDA 34112
.__ (941) 774-8192
SKETCH OF DESCRIPTION
. ,, NOT A SURVEY
., PROJECT NO ............... 60111.
;, PROJECT PARCEL NO.128
,,.
, TAX PARCEL NO~.9~.;~.0...0. D.~.Z..0..5. ...........
'i
!. Fee simple ~jtle
CROSSROADS MARKET AT THE VINEYARDS
P.B 20, PGS. 7 & 8
a 232'
>
IJ, I -- 0'1-- BUFFER EASEMENT
-J ~ TRACT "D"
:D ,- TRACT 4
o,',' ~
~..
< ~ ~7, PARCEL 428
, ~,,~ ,
2,27 ' JR"'- .... .'
,., '1--
207'
PINE RIDGE ROAD C.R. 896
150' R\W
DESCRIPTION PARCEL: 128
THE SOUTH 10 FEET OF THE WEST 85' OF TRACT D, OF THE PLAT THEREOF,
CROSSROADS MARKET AT THE VINEYARDS, AS RECORDED IN PLAT BOOK 20,
PAGES 7 & 8, OF THE PUBLIC RECORDS QF COLLIER COUNTY, FLORIDA.
CONTAINING 850 SQUARE FEET OR 0.020 ACRES MORE OR LESS.
I EXHIBIT
GENERAL NOTES
2) P.O.B. = POINT OF BEGINNING PREPARED B~ ....... DATE .....
3) SEC. = SECTION / GEORGE R RICHMOND
4) TWP. = TOWNSHIP PROFESSIONAL ~ND SURVEYOR-FL. REG. t 2406
5) RGE. = RANGE PUBLIC WORKS ENGINEERING DEPT.
6) R~ = RIGHT OF WAY COLLIER COUNTY GOVERNMENT COMPLEX
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 3301 EAST TAMIAMI TRAIL
8) NOT VALID UNLESS SIGNED AND SEALED WITH THE ......
DRA~'N Bf CHECKED BY SCALE DATE FILE NO
NOTTOSCALE OCTOBER 27,1998 PR128 SHEET1OF1 '~ 1 I 1999
OFFICE OF CAPITAL PROJECTS
5501 EAST TAIdlAMI 'I'I,~AIL NAPLES, FLORIDA 34112
(941) 77,1-81U2
~,~<c,,,,~
lAX I'Aia.:LL ilL), 3845504000]-
SKETCH OF LEGAL DESCRIPTION (NOT A SURVEI-i:Y_)
fee simple title
I,IC(;AI~ !)I,~SCIIII"i'ION
A portion of Tract 77 of the plat thereof Goldca Gate Estates Unit 35 as recorded in Plat
Book 7, Page 85, of the Public Records of Collier County, Florida, and being more
particularly described as lbllows:
COMMENCE at the Southeast corner of Section 7, Township 49 South, Rm~gc 26 East,
Collier County, Florida; thence along the South line of said Section ? S 89' 37' 34" W
1559.29 feet; thence N 00' 2¢ 33" W 54.91 fcct to the POIN'F OF BEGINNING of the
p~ccl of rand heroinafter described; thence continue N 00' 26' 33 W 20.02 feet; thence S
87' 20' 0~" W 23.36 feet; thence S 89' 37' 34" W 306.60 feet; thence S 00' 26' 3?" E
74.00 feet; thence N 89' 37' 34" E 8.92 t~ct; thence N 00' 26' 26" W 54.00 feet; thence
N 89' 37' 34" E 29g.00 feet; thence N 87' 20' 08" E 22.98 l~ct to the POINT OF
BEGI~ING.
Containing 7083 squat l~ct more or less.
Basis ofbc~ings is the south line of Section 7 being S 89' 37' 34" W. ',
Parcel No. ~29
'i
G~labllgld
..
' , DAI E:
SCALE:
DRAWN
CHECKED B~: PI~OFESSIONAL
FILE NO:. OFFICE UF CAPIIAL PI~QJECIS
REVISED:. COLLIER COUNR' GOVERNMEN] COMPLE~
,~o, ~ ,~,,,,~,,, ~.~'~ ,~s, ~o~,~,, sd~ MrY :11 1999
/29
PUBLIC ~FORK~~ ENGINEERING DEPART~IEiVT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
SKE1CFt OF DESCRIPTION
_[_. LIVINGSTON WOODS DRIVE (BIH AVE. S.W.)
--]
o
i
in,n
TRACT ua · TRACT ~ D
~ ~ ~; N TRACT
76 ~ 77 ~ a 92
-- S.87'20'08"W.
23.36'
N.87'20'08"E.
S.89'37'34"W. 22.98'
306.60~ P.D.B. p
N.89'37'34"E. 54.91 ....
· ' - 298.00' Southeost corner
_ Twp. ~9 S.,
74.oo, .' , ,. D u ; __
/20 02 Rge. 26 E. 7
ID -
PREVIOUSLYJ 150' R/W
ACQUIRED
GENERAL NOTES
1) P.Q.C. Indicates Point oF Commencement
2) P.O.:B. Indicates Point oF Beginning ~. E X H I B I T
3) Sec. indicates Section
4) Twp. Indicates Township '
5) Rge. Indicates Range J12~_5~ .r'3
6) R/~/indicates Right-oF-way
7) ALL distances are In Feet and declmats thereof
8) Basis oF clearings Is the South tire oF Section 7
.-, as being S.89°37'34'~.
9) Not vatld untess signed and sealed with the embossed
seat oF the proFessionat rand surveyor
'IHIS IS ONLY A SKEICH
NI3T TEl SHEET 2
L.M.R. SCALE ~-~8-98 lec)
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES. FLORIDA 34112
(941) 774-8192
f~ ~i.~ ~ PRoJEcT No ....................... ~.~..//L.
PRoJEcT PARCEL NO ........... /3.2 ....
TAX PARCEL NO~.~.~,5...6.,.2...0,9..0...0..2. ........
LEGAL DESCRIPTION (NOT A SURVEY)
A POInTION OF 'I'I(AC'I' 92 OF TI IE PLAT TI IEI(EOF,GOLDEN GATE ESTATES UNIT 35
AS ~COI~ED IN PLAT BOOK ?. PAGE 85, OF TIlE PUBLIC ItECOI~S OF COLLIER
COUP. EO~A ~D BEING MOE P~TICUL~EY DESC~BED AS FOLLOWS;
CON~NCING AT TE SO~EAST CO~ER OF SECTION ?. TO~VNSHIP 49 SO~H,
~GE 26 EAST; ~NCE SO~H 89 DEGEES 37 MINUTES 34 SECONDS WEST,
~ONG TE SO~ LINE OF SAID SECTION ?, A DIST~CE OF 155929 FEET;
~NCE NORTH 0 DEG~ES 26 MINUTES 33 SECONDS WEST, A DISTANCE OF 54.91
FEET TO TE POINT OF BEGINNING; THENCE NORTII 87 DEG~ES 20 MINUTES 08
SECONDS EAST. A DISTANCE OF 330.19 FEET; TI~NCE NORTH 0 DEGIEES 26
~N~ES 28 SECONDS WEST, A DISTANCE OF 20.02 FEET; TIIENCE SOUTtI 87
DEGEES 20 MINUTES 08 SECONDS WEST, A DISTANCE OF 330.19 FEET; TI IENCE
SOUTH 0 DEG~ES 26 MINUTES 33 SECONDS EAST, A DISTANCE OF 20.U2 FEET
TO TE POINT OF BEGINNING; SAID DESC~BED 'FI~CT CONTAINING 0. 152 ACE
(6,605 SQU~ FEET), MOE OR LESS.
BASIS OF BEINGS IS T~ SO~H LINE OF SAID SECTION 7 BEING
SO~ 89 DEGEES 37 MIN~ES 34 SECONDS WEST.
P~CEL 132
EXHIBIT
PROFESSIONAL ~ND SURVEYOR-FL REG. ~ 2406
PUBLIC WORKS ENGINEERING DEPARTMENT.
COLLIER COUNTY GOVERNMENT COMPLEX
~G[ ~ "'
NAPLES. FLORIDA 34112 SHEET 1 ( F ~0.
N,~Y 11 1999
/3,p
PUBLIC' IFORKS ENGINEERING D]ZPART'3,,fjz NT
5301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
SKETCH OF DESCRIPTION
j_] LIVINGSTON WOODS DRIVE (BTH AVE. S.W.)
".'t
TRACT ~4 6 TRACT ~5 b
c,4 TRACT
~b 93
77 b r-- 92 ,no
o ,,,6
Z
S.87'20'08"W.--~ Z' N.87'2/'O8"E.
330.19' 330.19'
20.02'
Southeast corner
20,02% --/68.11' of Section 7, <P,[D,C.
Twp. 49 S.,
ROe. 26 E,
p.D,B~//-~R
329.94',,/' 29T'% __
'S.89'37'34"W. 1559.
54.91'
IDGE ROAD (CR-896)
PREVIOUSLY 150" R/W
ACQUIRED
GENERAL NOTES
i) P.D,C, indicates Point oF Commencement
8) P,D,]3, Indicates Point oF Lieginning
3) Sac, Indicates Section
4) Twp. Indicates Township
5) ROe. Indicates Range
6) R/~/indicates Right-oF-way
7) ALl distances are In Feet and declma[s thereof
8) Basis oF clearings is the South time o¢ Section 7
as being S.89°37'34'~.
9) Not vaLId untess signed and seated with the embossed
sea[ oF the proFessionaL rand surveyor
T'-'IS IS ONLY A SI'(ETCI-I
NaT TD 11-18-98 SHEET 2 OF ""
OFFICE OF C/1PIT'/tL Pi~OJtff,'CT2,
5501 EAST TAIvllAIvll 'i'I'~A1L IqAI'~LES, FLOI~tDA 5'I 112
(9d~) '/'/'l-~92
I"I~OJECI NO.
PROJECI PAl<CO_ NO.
lAX PARCI:L NO38456240004
SKECH OF LECAL DESCRIPTION (NO'IZ.~_~URyEY)
fee simple
I,IC(;AI, I)I,:S(71{II'TION
A polliun d"i'iact 93 uflhu plat [l~e~cul: Guidon Galu Es[atcs Unit 35 as ~cuuidcd in Phil
Book ?, PaBQ B5, of the Public l{cco~ds ol' Cdlicr County. Fire ida. and bcinB
paticularly described as fallows:
CO~IENCE at the Southeast comer or S¢~[iun ?, Township 49 South, RanBe 26 East,
Collier County, Elorida; fi~cnce alona the Seut[~ line o/said Section ? S S9~ 3?' 34" W
1229.35/eel filenee N 00° 26' 28" W 6B. I 1 feet Io the POINT OF BEGINNING of
tbe p~cd ofland herdnafier describcd; thence N 89~ 37' 34" E 215.53
N ?0~ 30' 38" E 121.21 ficl; thence N 00° 20' 24" W 21.16 feel thence S ?0~
3B" %F 125.16 feet; thence S B9~ 37' 3.4" W 21 l.SO ibcl; thence S O0~ 2¢ 28" E
20.02 feet to the POINT O1: BEGINNING.
Conta~nB 6?3? square feel more or less,
Basis ofbeafinBs is the South line ofScction ? beinB S 89° 37' 34" W.
Parcel No. 135
P ARp~B~' ' / 1? ~
COLLIER COUNff GOVERNMENT COMPLEX '
3301 EAST TAMIAMI TRAIL
MZ,Y 1 11999
D~.. ,f: cH~c~ ,f: s~: u.,~; ,,L..o.: SHEET OF pS ~3 .
~..
/~
PUBLIC IVORKS' ENGIN].L']z~RING DIZ'PAi~TMZZA/T
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
SKETCH OF DESCFRII~I'ION
'o
LNII,jGS1OI.1 WOODS DRt',,F (~ it AVE.
ft..)
S. 70'50' 38" W.
125.16'.
5.89'57'34"W. /-- N. 70'50' SB"E.
,~' 121.21'
211.80' 21.16'
N 89 37'534 E
' 2;5. 3 Southeast corner
zo. oz'-x,,,., _ /--~.~z' o~ Se~t,o,, -~,
Twp. 4g S., /P,D,C,
/ 329.95'
68.11' ~1 S.B9'3T.',,I"W. 122:t.3',:~' ""q/
ACQUIRED
GENERAL NOTES
1) P,D.C, Indicc~es Point oF Commencenen~ [ E XH~IT ~
a) P.EI.:B. indlc~es Poin~ oF 13eglnnlng
3) Sec. Indicates Section
4) Twp. IndIcates Township po_~e 57 ,~c ~/~
5) Rge. Indicates R~nge
6) R/~4 Indicates Rlght-oF-w~y
7) All distances ~Pe In ~eet ~nd decimals theceoF
8)Bcsls oF de~rlngs Is the South line oF Section 7
~s being S.89'37'34'~4.
9)No~ voUd unless signed ~nd se~ed wl~h ~he embossed
se~/oF ~he pPoFesslon~l I~nd suPveyoc
NUT TD SHEET 2 oF 1 11999
L,M,R, SCALE 11-18-98 ]35 ~
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941 ) 774-8192
PROJECT NO ...................... .~.OlLL...
PROJECT PARCEL NO ............. /..4.'.~..~_.....
TAX PARCEL NO:~..4...5,.7.~..8..QD, Q.,~ ........
LEGAL DESCRIPTION (NOT A SURVEY)
fee simple title
A PORTION OF TIbXCT 108 OF TIlE PLAT TIIEI~EOIr,GOLDEN GATE ESTATES UNH' 35
AS RECORDED IN PLAT BOOK 7, PAGE 85, OF TILE PUBLIC RECOI(DS OI: COLLIEK
COUNTY, FLORIDA, AND BEING MOI(E PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCING AT THE SOUTHEAST CORNER OF SECTION 7, ']'OWNStilt~ 49 SOU'H1,
RANGE 26 EAST, COLLIER COUNrTY, FLORIDA; THENCE SOUTH 89 DEGREES 37
MINUTES 34 SECONDS WEST ALONG THE SOUTH LINE OF SAID SECTION 7, A
DISTANCE OF 899.41 FEET; THENCE NORTI I 0 DEGREES 26 MINUTES 42 SECONDS
\VEST, A DISTANCE OF 116.42 FEET TO THE POINT OF BEGINNING, THENCE
CONTINUING NORTH ALONG SAID LINE AND THE WEST LINE OF SAID TRACT 108,
A DISTANCE OF 21.16 FEET; THENCE NORTH 70 DEGREES 30 MINUTES 38
SECONDS EAST, A DISTANCE OF 60.35 FEET; THENCE NORTH 36 DEGREES 51
MINUTES 40 SECONDS EAST, A DISTANCE OF 10.0O FEET; TItENCE SOUTH 53
DEGREES 08 MINUTES 2U SECONDS EAST, A DISTANCE OF 20.00 FEET, THENCE
SOUTH 36 DEGREES 51 MINUTES 40 SECONDS WEST, A DISTANCE OF 16.05 FEET;
THENCE SOUTH 70 DEGREES 30 MINUTES 38 SECONDS WEST, A DISTANCE OF
73.30 FEET TO TILE POINT OF BEGINNING, SAID DESCIHBED TRACT CONTAINING
0.037 ACRE (1,597 SQUAIH2 FEET), MOP j2 OR LESS.
BASIS OF BEARINGS IS THE SOUTH LINE OF SAID SECTION 7 BEING
SOUTH 89 DEGREES 37 MINUTES 34 SECONDS \VEST.
PARCEL 136
J EX~/"BIT
PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406
PUBLIC WORKS ENGINEERING DEPARTMENT, ·
3301 EAST TAMIAMI TRAIL N( B ~""J
NAPLES, FLORIDA 34112 SHEET 1 OF 2
';AY 11 1999
PUBLIC IVORK3' ENG-INEER]A/G DEPARTzLfYzTZVT L~
5501 EAST '[AMIAbll 'IRAIL NAPLES, FLORIDA 54112
(941) 774-8192
SKETCH OF DESCRIPTION
aIH ~.'E. Sv,'. F L S89'3Y01"'.',' t.~vn,;SiOli ,'.uOr:5 DF,m.'r
..... 29263' 7
_ L ,., /
;,'7 1 ,~
,f
./"'
iR AC I
..,- 1 [,J~ t
/
;,./.;, /
¢ d?/L, / ',~-
/ /
/ l
/
.,- ....~,, ,.q
, /'a:¢ / ,,',c
'~' 16~05' z% of Sec. 7, twp 49 S.,
e,D.~ ~ ~ Cu u~ County.
~ ~: 7a'~''~ xD,',o,su¥ P.D.C.
z ............... ~:~f..L .......... % ,
GENERAL NDTES
1) P.[3,C. indlccv~es Point; oF Commencement
P) P.O.B. Indtccd;es Point oF 13eglnnlng
3) Sec. Indicates Section
4) Twp. Indicates Township -- __
5) Rge. Indicates Range
6) R/W Indicates Rlgh~-or-way -
7) ALl distances ape in Fee~ and decimals thereof
8) Basis oF ]3earlrigs Is ~he South Line oF
Section 7 being S.89'37'34'W.
9)No~ valid unless signed and sealed wl~h ~he embossed
seat oF "l;he professional Land surveyor
THIS IS ONLY A St<E'I'CH
DRAWN BY: CHECKED BY: SCALE: ~ ~AIE: FILE NO.:
19991EET
L.14.R. NOT TD -
SCALE 11-18-78 13&
,_
/37
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 3¢112
(941) 774-8192
Project: 60111
Folio: 80073080008
SKE1CH OF DESCRIPFtON
Curve number I
Rc~clius = 25.00'
/X = 90' fee simple title
Arc = 39.27
Chor-d = 35.36
Chord ]3r9, S.45°25'16'E.
Cucve humben ~
R6dlus = 25.00'
& = 53'07'48'
Arc = 23.18
ChoPd = 22,36
I
Chord Br9. S.63'51'22'~,
~ TRACT L-14
~ / VINEYARDS UNIT ONE
~ ~ PAGES 67-74
. I ·
I
I
I S.89'34'44"W.
:2~ 139.92' ~ 10.00'
119 g2'
C 1 ' ~"E.
N.Sg'34'4
C
ZPINE RIDGE ROAD~
(CR-896) ~50' R/W
LEGAL DESCRIPTION
The South Ten (10) feet of Tract L-14 of
the plat Vineyards. Unit One as recorded
in Plat Book 14, Pages 67 through 74 of
the Public Records of Collier County, Florida.
Containing 1,339 square feet more or less.
THIS IS ONLY A SKETCH
PROFESSIONAL ~ND SURV~OR ~2406
3301 E ~AMIAMI ~RAIL NAPLES. FLORIDA
I~ BY: ~ CHECKED ~: ~ S~: ~ BAlD R~ NO.:
T T
ND ~ SHEET
SCALE 11-18-98 137
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
Project: 60111
Folio: 80708200753
SKETCH OF DESCRIF~IION
fee simple title
I
i
I
~ TRACT CC
VINEYARDS UNIT ONE ~ VINEYARDS UNIT 3A GOLDEN GATE ESTATES
PLAT BOOK 14 Io PLAT BOOK 17 UNiT
PAGES 67-74
.,~.,~ PAGES 7-18 PLAT BOOK 7
· ~ PAGE 23
li ,
20 ~5' ~ ~ S.89'54'44"W. ~ 20 01
N.Bg'54'~4"E.
/,TPINE RIDGE ROAD-//
(CR-896) 150' R/W
LEGAL DESCRIPTION
The South Twenty (20) feet of Tract CC of '
the plat Vineyards, Unit 3A as recorded I' J
in Plat Book 17, Pages 7 through 18 of E X H IB IT
the Public Records of Collier County, Florida. , i~
Containing 40,720 square feet more or less. ~ c L, 4 ~4' G~,
THiS IS ONLY A SKETCH
PROFESSIONAL LAND SURVEYOR//2406
OFFICE OF CAPITAL PROJECTS
COLLIER COUN~ GOVERNMENT COMPLEX 4 1 ~ '
3301 E TAMIAMI TRAIL NAPLES, FLORIDA 5 2 ~ -
1,~: ~,~ ,,~ .o.: MAY ~11 1999
NDT TD 11-18-98 138 SHEET 1
SCALE
PUBLIC WORKS ENGINEERING DEPARTMENT
330'1 EAST TAMtAMI TRAIL NAPLES, FLORIDA 34'1 '12
(94'1 ) 774-8'192
PROJECT NO ................. ~..0././../.. .....
PARCEL NO ..............
FOLIO NO.'.~.~.':~.zt..~.~.e. 5?.! L(.!5:! .......
LEGAL DESCRIPTION (NOT A SURVEY)
road right of way, sidewalk, utility, drainage & maintenance
!,EGAL I)ESCiIIPTION
The South Twenty (20') of the North 1700 feet of the East 620 feet of Tract ]21 of the
Plat thereof, Golden Gate Estates, Unit 33 as recorded in tile Plat Book 7, Page 60, of the
Public Records of Collier County, Florida.
Containing ]240 square feet more or less
Parcel No ]39
pag Igld075
PREPARED ........ DATE,...
PROFESSIONAL LAND SURVEYOR-FL REG. # 2406
PUBLIC WORKS ENGINEERING DEPARTMENT.
COLLIER COUNTY GOVERNMENT COMPI
3301 EAST TAMIAMI TRAIL
NAPLES, FLORIDA 34112 SHE :T
NAY il 1999
OFFICE OF CAPITAL PROJECTS
~,301 EAST I/~,MI/Mvll TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
PROJECT "0.
PROJECT PARCEL NO.
TAX PARCEL NO. 38390920008
.SKETCH OF LEGAL DESCR_JIPTION (NOT A SURVEY)
fee simple title
LEGAL DESCRPITION
COMIVlENCE at tim Southwest Comer of Tract 14, of tile plat thereof Golden Gate !
Estates Unit No. 34, as recorded in Plat Book 7, Page 23, ofttie Public Records of Collier
Count)', Florida; thence run along the west line of said Tract 14 N 00' 19' 10" E 181.55
feet to the POINT OF BEGINNING of the parcel of land hereinafter described; thence S
89' 37' 45" E 180.00 feet; thence N 00' 22' 15" E I0.00 feet; thence S 89' 37' 45" E
414.62feet; thence S 44' 39' 18" E 50.05 feet to the west right-of-way line of Logan
Boulevard; thence along said west right-of-way line N 00' 19' 10" E 45.37 feet to the
Southxvest right-of-way intersection of Logan Boulevard and Pine Ridge Road (CR896);
thence along the souIll right-of-way line of said Pine Ridge Road N 89' 37' 45" W
630.00 feet to the west line of aforesaid Tract 14, thence S 00' 19' 10" W 20.00 feet to
the POINT OF BEGINNING.
Containing 8726 square feet more or less.
Parcel 140
Sheet 1 of 2
Basis of Bearings is lhe West line of Tract 14 being N 00' 19' 10" E.
GRR/lab/lglds
,
EXHIBIT I
SCALE: B :LZ'2-_/2/Z.,.LZ," tz'
DRAw. ~'r: ¥ . ¢ ../'-''' ~,~TE: '/'"-/~f'
FILE NO:.
o.,.,..,,_
COLLIER COUND( GOVERNbtENT COIJPLEX NO.__
3.301 E ~rAMIAMI TRAIL NAPLES FLORDA .~1411~
~,,., .,: ~.~ ~,: ~-~: .~,~: ,,~ .o: MAY 1 11999
SHEET 0
pG. 7
/40
OFFICE OF CAPITAL PROJECTS
5501 EAST TAMIAMI TRAIL NAPLES, FLORIDA _34112
(941) 774-8192
SKETCH OF DESCRIPTION
LOGAN BOULEVARD
,~,,, N.OO'19'167'E. eL' --
' N.OO'19'lO"E. 200.99'
45'.zg'Y 155.62'
F/ ~- S.44"59'18"E
I50.05'
t S.89'ZT45"E
~ ~ 414.62'
D e N.OO'22'15"E o
o I b 10.00'
~ ~ ~ PORTION TRACT 14
z M
Z I
S,89'3T45"E
~ ~~ 180.00'
9 10 N 89'3T44"W
8 62.38
' I
~ ~P.D.S.
s.00-19'10"w. 201.55' ~ '-
GENERAL NDTES
~) P.D.C. indicetes Point oF Commencement P.D.C.
B) P.D,~, indicates Poin~ oF Beginning ---
3) Sec, indice~es Section l E X H I B I T J
4) Twp. Zndlc~es Township
5) RUe. indice~es R~nge ~
6) R/~ indicates Right-o~-w~y
7) AL[ distances are in Fee~ ~nd decimeLs thereof
8) B~sis oF BeePings is the ~est line oF
Tract 14 being N.OO'lg']O'E. _
9) No~ votid unless signed ond seo[ed with the embossed
seer oF the proFessiono[ [ond surveyor
AG[
THIS IS ONLY A SKETCH
NDT TD 08_07_97 140 SHE~ 2 ,F
SCALE
OFFICE OF CAPITAL PROJECTS
'-- 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
PROJECT NO.
PROJECT PARCEL NO. /~/
TAX PARCEL NO. '~R3q~')nrmrl2
· SKETCH OF LEGAL DESCRIPTION (NOT A SURVEY)
I
i
road right of way, s~dewalk, utility, drainage & maintenance !
BEGIN'AT THE POINT OF INTERSECTION OF THE NORTH RIGHT OF WAY LINE OF
PINE RIDGE ROAD (C-896) AND THE EAST RIGHT OF WAY LINE OF LOGAN i
BOULEVARD; THENCE NORTH 0 DEGREES 19 MINUTES 10 SECONDS EAST ALONG
SAID EAST RIGHT OF WAY LINE OF LOGAN BOULEVARD, A DISTANCE OF 38.00
FEET; THENCE LEAVING SAID EAST RIGHT OF WAY LINE SOUTH 40 DEGREES 58
MINUTES 19 SECONDS EAST, A DISTANCE OF 50.62 FEET TO THE NORTH RIGHT
OF WAY LINE OF SAID PINE RIDGE ROAD; THENCE NORTH 89 DEGREES 37
MINUTES 45 SECONDS WEST ALONG SAID NOR'Ill RIGHT OF WAY LINE OF PINE
RIDGE ROAD, A DISTANCE OF 33.41) FEET TO 'l]lE POINT OF BEGINNING; SAID
DESCRiBED TRACT CONTAINING (kO I5 ACRE (635 SQUARE FEET), MORE OR LESS.
BASIS OF BEARINGS IS THE NORTH RIGHT OF WAY LINE OF PINE RIDGE
ROAD BEING NORTH 89 DEGREES 37 MINUTES 45 SECONDS WEST.
-
PARCEL 141
I
I
l
I
i
EXHIBIT '1
-P,~.Se/-,.5 04-
--- (/ ,:,,..,-:
OFFICE OF CAPITAL PROJECTS N0. ~ :
COLLIER COUNTY GOVERNMENT COMPLEX
3301 E TAMIAMI TRAIL NAPLES~ FLORIDA 34112
o..,..,,,;.~,,~o .-,,:~,,.°,,,~;,,,~ .o.: MAr t I 1999
SHEET OF
pc._
_J J
OFFICE OF CAPITAL PROJECTS
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
SKETCH OF DESCRIPTION
TRACT 18
' I
d S.40'58'19"E.
..Ld ', ~ 50.62'
33.40'
~J
N-8957'45~W.
PINE RIDGE ROAD
I
PARCEL 141
GENERAL NDTES
1) P.B.C, indicates Poin~ o? Commencemen~
a) P.B.3. indicates Point oF Beginning I E X H I B !
3) Sec. indicotes Section
4) Twp. IndicGtes Township 'L'.:;
5) Rge. indite%as Range
6) R/~ indicates Right-oF-wgy
7) AlL distances ere in Pee~ end decimals
8) ggsis oF BegPings is the North R/W Une
Pine Ridge RoGd being N,89"37'45'~,
9) Not vglid unless signed gnd sealed with the embossed
segL o~ the pPoFessiond Land surveyor
THIS IS ONLY A SKETCH
D~WN BY: CHECKED BY: SCALE: ~ DATE: FILE
NDT TB 02-13-97 141 SHE~
SCALE
EXECUTIVE SUMMARY
APPROVE A RESOLUTION TO CREATE THE GOLDEN GATE
PARKWAY WATER AND WASTEWATER MSBU DISTRICT
OBJECTIVE: That the Board of County Commissioners the Governing Board of Collier County,
adopt the attached Initial Assessment Resolution creating the Golden Gate Parkway Water and
Wastewater MSBU District.
CONSIDERATIONS:
On December 8, 1998, the Board accepted a petition for the formation of a water and wastewater
assessment district to serve eleven (11) parcels of land located along the south side of Golden Gate
Parkway east from Santa Barbara Boulevard to 53rd Street southwest located in the unincorporated
area of the County. Staff provided notice to all affected property owners regarding the intent to use
the Uniform Method of Collecting Non-Ad Valorem Assessments to finance the construction of the
water and wastewater facilities. On February 23, 1999 the Board approved a resolution authorizing
the use of the Unifo~Tn Method of Collecting non-Ad Valorem Special Assessments.
The attached Initial Assessment Resolution describes the boundaries of the MSBU; describes the
improvements and sen'ices that will be provided through this project; provides cost estimates that
include design, construction, financing, etc.; describes the method to apportion the costs among all
parcels of property directly benefiting from said improvements; provides for prepayment of the
assessment; provides for an interest free period of payment; and recognizes the fairness provided by
the apportionment methodology.
Upon approval of the attached Initial Assessment Resolution creating the MSBU, a preliminary
assessment roll will be prepared, a notice of publication will occur, property owners will be noticed
and a final resolution will be brought in front of the Board in June in order to have the assessment on
the 1999 tax bill.
Project Specifics:
· The property to be bene~ted from the proposed MSBU is described as: Golden Gate City,
Unit 7, Block 230, Lots 1 through 11, in Section 28 South, Township 49 South, Range 26
East, as recorded in Plat Book 5, Page 140 of the Public Records of Collier County,
Florida.
· The proposed sewer system improvements include the construction of a new pump station,
new gravity and force main sewer lines and appurtenances from Santa Barbara Boulevard
through an alley to connect to the Florida Governmental Utility Authority sewer facilities
located on 53ra Street SW. The proposed potable water improvements include the
construction of a new 8" water main, appropriate fire hydrant(s) and appurtenances along
MAY 11 1999
PG._. ,.I.
the south side of Golden Gate Parkway to connect to the Florida Govemmental Utility
Authority water facilities located on Santa Barbara Boulevard and 5Yd Street SW.
Attachments B and C provide detailed cost estimates of the proposed improvements.
AttacFm~ent D is a site map.
· The special assessments described herein shall be levied against all lots or parcels of
property within the Golden Gate Parkway Water and Wastewater MSBU District. The
apportionment of costs of the project will be based on a per lot basis.
· Avatar Properties Inc. has agreed to participate in the proposed project. Avatar has agreed
to dedicate an easement (estimated value $42,500) for the construction of the lift station
required for this project. They have also agreed to a $5,000 contribution to ensure the lift
station and connection points are adequately sized to service the eleven (11) Avatar
properties West of the Santa Barbara Canal.
· The total capital cost of the proposed water and wastewater facilities including design,
pern~!tting, impact fees, easements, construction, capitalized interest and contingency
fundi i~g is $386,825. The transaction cost (loan ofigination costs) of obtaining a 15 year
commercial financing mechanism is estimated to be $20,000. The debt service reserve on
a commercial loan is estimated to be $45,908. The total project cost is $452,733. (see
attachment A).
· The net total project cost (total project cost of S452,733 less Avatar contributions of
S47,500), is estimated to be $405,233. Upon completion of the project the eleven (11)
bene~ting properties will have two payment alternatives. The first alternative is to pay the
full amount of the assessment within 30 days of adoption of the Final Assessment
Resolution. Based on the project cost estimates this initial prepayment amount xvill be
approximately $32,666 per property. The other alternative is to pay the assessment over
fifteen (15) years. This alternative will include, in addition to project costs, the cost of
long tern~ interest and annual collection costs. Under the financing alternative the annual
payment per property will be $4,600 (see attachment A).
· The annual cost of collecting assessment payments including property appraiser and tax
collector fees, assessment roll maintenance and early payment discounts will be 9.5% of
the annual assessment payment.
· The proposed assessment project will require a long term financing mechanism.
Approximately S405,233 will need to be borrowed for a term of 15 years. Commercial
bank financing can be utilized at a fixed rate of approximately 7.5%. The cost of
establishing the commercial loan will be approximately $20,000. Staff recommends the
Board authorize staff to proceed with obtaining commercial financing quotes to facilitate
project completion.
NAY 1 11999
2
Project Completion:
Upon approval of this Resolution staff will ~nalize agreements with Avatar Properties regarding their
monetary and easement contributions and the Florida Governmental Utility Authority regarding
impact fees, authorization to connect and conveyance of the water and wastewater facilities for
ownership and maintenance. The final Resolution, to be brought to the Board in June, will ~nalize
the assessment roll, secure a financing source for the project, and authorize the expenditure of funds
for design, construction and completion of the project. The estimated timeline for project completion
is eight (8) months from commencement of design.
FISCAL IMPACT:
A project fund and a debt service fund will need to be created. The project budget will reflect the
project cost data described herein and attached hereto. A debt service budget will be created and
adopted as part of the FY 00 budget process. The debt service budget will reflect annual debt service
for the project as well as annual assessment collection costs.
GROXVTH MANAGEMENT IMPACT: None.
RECO~I~IENDATION: Staff recommends that the Board of County Commissioners:
· Approve the attached resolution relating to the construction of water & wastewater facilities to
service eleven lots on the South side of Golden Gate Parkway East from Santa Barbara
Boulevard to 53rd Street Southwest; determine estimated capital cost, determine that certain
property will be specially benefited, establish the method of assessing :he cost of construction,
establish other terms and conditions of the assessments, direct staff to prepare the tentative
assessment roll, direct staff to schedule, advertise and notice for a public hearing to consider
imposition of the proposed assessments.
· Authorize staff to proceed with securing commercial long term financing quotes for the
project.
· Authorize a budget amendment creating the project budget.
PREPARED Ann Marie Saylor, Admini r~tve Assistant II
REVIEVCED B "'/'~' "'~'d4ard N.-r'g, dfff, Direc%'G~orof Operat steG~tor
Ed Ilschne(,Public Works Administrator
3 HAY I !19~9
Ps. 3
Attachment "A"
Golden Gate Parkway MSBU District
Project and Financing Cost Analysis
Water Wastewater Total
Project Costs:
Capital Costs:
Easement Acquisition 42,500 42,500
Design & Engineering & Project Mgt. 11,100 36.940 48,040
Permits 250 400 650
Impact Fees 11,440 9,075 20,515
Construction 55,500 184,700 240,200
Contingency 5,550 18,470 24,020
Capitalized Interest Exp.* (8 months 20,262
Interest Earnings** (8 months) (9,362)
Total Capital Costs 83,840 292,085 386,825
Transaction Costs:
Loan Origination Fees 10,000 10,000 20,000
Subtotal Capital &Transaction Costs: 93,840 302,085 406,825
Debt Service Reserve Fund/Account*** 45,908
Total Project Costs 452,733
Less Avatar Contributions:
Easement Donation (42,500)
Avatar Cash Donation (5,000)
(47,500)
Net Project Costs/Loan Amount 405,233
Per Property Payoff (Cap & Trans Costs less
Avatar Contributions/11 properties) 32,666
Annual Debt Service for 15 years: 45,908
Collection Costs:
Property Appraiser 1.5% 729
Tax Collector 3.0% 1,457
Assessment Roll Administration 1.0% 486
Tax Discount @ 4% 2,024
Total Collection Costs: 4,696
Total Annua~ Payment 50,604
Annual Payment per Property 4,600
Number of Annual Payments f4
Total Annual Payments per Property 64,405
Commercial Loan: Based on the loan amount multiplied by 7.5%.
** County's interest Earnings at 5.5%
'*' Debt Service Reserve will be used to payoff last principal & interest payment due on loan.
Attachment "B'=
NO.
MAY %1 1999
PG,.. ~
Attachment "C"
1
2
3
4
5
6
7
8
9 COLLIER COUNTY, FLORIDA
]0
]]
]2
13
14 INITIAL ASSESSMENT RESOLUTION
15 FOR THE GOLDEN GATE PARKWAY
16 MUNICIPAL SERVICE BENEFIT UNIT
]7
18
19
20
21
23
24
25 ADOPTED ON ,1999
26
AGENDA ITEM
NO. ~-~(?~)
MAY 11 1999
1
2 TABLE OF CONTENTS
3 PAGE
4
5 ARTICLE I
6 DEFINITIONS AND INTERPRETATION
? SECTION 1.01. DEFINITIONS 3
s SECTION 1.02. INTERPRETATION 6
9 SECTION 1.03. GENERAL FINDINGS. 6
10
11 ARTICLE II
12 NOTICE AND PUBLIC HEARING
13 SECTION 2.01. ESTIMATED CAPITAL AND PROJECT COST 7
14 SECTION 2.02. ASSESSMENT ROLL 7
15 SECTION 2.03. PUBLIC HEARING 7
16 SECTION 2.04. NOTICE BY PUBLICATION 7
17 SECTION 2.05. NOTICE BY MAIL 7
18
19 ARTICLE III
20 ASSESSMENTS
21 SECTION 3.01. DESCRIPTION OF PROPOSED PROJECT AND BENEFIT AREA 8
22 SECTION 3.02. IMPOSITION OF CAPITAL ASSESSMENTS 8
23 SECTION 3.03. APPORTIONMENT 8
24 SECTION 3.04. PREPAYMENT AMOUNTS 8
2S SECTION 3.05. COMPUTATION OF ANNUAL CAPITAL ASSESSMENTS 9
26 SECTION 3.06. INITIAL PREPAYMENT OPTION 10
2'7 SECTION 3.07. ADDITIONAL PREPAYMENT OPTION 10
28 SECTION 3.08. MANDATORY PREPAYMENT 11
29 SECTION 3.09. REALLOCATION UPON FUTURE SUBDIVISION 11
30
31 ARTICLE IV
32 GENERAL PROVISIONS
33 SECTION 4.01. METHOD OF COLLECTION. 12
34 SECTION 4.02. SEVERABILITY. 13
35 SECTION 4.03. EFFECTIVE DATE. 13
36
37
38
39 APPENDIX A - FORM OF PUBLISHED NOTICE
40 APPENDIX B - FORM OF MAILED NOTICE
41
42
AGENDA ITEM
MAY 11 1999
:z RESOLUTION NO. 99-__
3
4
5 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
6 COLLIER COUNTY, FLORIDA, RELATING TO THE CONSTRUCTION
? OF A WATER LINE AND RELATED WATER FACILITIES PLUS A
8 WASTEWATER LINE AND RELATED WASTEWATER FACILITIES
9 NEEDED TO FACILITATE THE AVAILABILI'I'Y OF WATER AND
1o WASTEWATER SERVICE FROM FLORIDA GOVERNMENT UTILITY
11 AUTHORITY TO SERVICE (11 ) LOTS ON THE SOUTH SIDE OF
12 GOLDEN GATE PARKWAY EAST FROM SANTA BARBARA
13 BOULEVARD TO 53RD STREET SOUTHWEST; DETERMINING THE
14 ESTIMATED CAPITAL AND PROJECT COST OF THE WATER AND
15 WASTEWATER FACILITIES; DETERMINING THAT CERTAIN REAL
16 PROPERTY WILL BE SPECIALLY BENEFITED BY THE
17 CONSTRUCTION OF WATER AND WASTEWATER FACILITIES;
18 ESTABLISHING THE METHOD OF ASSESSING THE COST OF
19 CONSTRUCTING THE WATER AND WASTEWATER FACILITIES
20 AGAINST THE REAL PROPERTY THAT WILL BE SPECIALLY
21 BENEFITED THEREBY; ESTABLISHING OTHER TERMS AND
.-- 22 CONDITIONS OF THE ASSESSMENTS; DIRECTING THE COUNTY
23 ADMINISTRATOR TO PREPARE A TENTATIVE ASSESSMENT ROLL
24 BASED UPON THE METHODOLOGY SET FORTH HEREIN;
25 ESTABLISHING A PUBLIC HEARING TO CONSIDER IMPOSITION OF
26 THE PROPOSED ASSESSMENTS AND THE METHOD OF THEIR
27 COLLECTION; DIRECTING THE PROVISION OF NOTICE IN
28 CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE.
29
3o BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
31 COUNTY, FLORIDA, AS FOLLOWS:
32
33
34 ARTICLE I
35 DEFIN, ~'IONS AND INTERPRETATION
36
37 SECTION 1.01. DEFINITIONS. As used in this Resolution, the following terms
3s shall have the following meanings, unless the context hereof otherwise requires.
39
40 "Adjusted Prepayment Amount" means the amount required to prepay the Capital
41 Assessment for each Tax Parcel located in the Benefit Area (1) following issuance of
42 the Original Obligations, as computed pursuant Section 3.04(B) hereof and revised
43 annually pursuant to Section 3.05(H) hereof, and (2) following issuance of any
'~ 44 Refunding Obligations, as computed pursuant Section 3.04(C) hereof and revised
45 annually pursuant to Section 3.05(H) hereof.
HAY 11 1999
pg. ~o
t "Annual Debt Service Component" means the amount computed for each Tax Parcel
2 pursuant to Section 3.05(E) hereof.
3 "Annual Debt Service Factor' means the factor computed pursuant to Section 3.05(D)
4 hereof.
5 "Assessment" means the sum of the Capital Assessment for any Tax Parcel.
6 "Assessment Roll" means a non-ad valorem assessment roll for the Capital
? Assessments within the Benefit Unit.
8 "Benefit Area" means that portion of the Golden Gate Parkway Municipal Service
9 Taxing and Benefit Unit located within the proposed Golden Gate Parkway Benefit
to Area, as described in Section 3.01 hereof.
] t "Board" means the Board of County Commissioners of Collier County, Florida.
]2 "Capital Assessment" means an annual special assessment imposed against
t3 property located within the Benefit Area to fund the Project Cost of Water and
]4 Wastewater Facilities to serve the Benefit Area and related expenses, computed in the
t5 manner described in Section 3.05 hereof.
t6 "Capital Cost" means all or any portion of the expenses that are properly attributable
t? to the acquisition, design, construction, installation, reconstruction, renewal or
]8 replacement (including demolition, environmental mitigation and relocation) of the
t9 Water and Wastewater Facilities and imposition of the Capital Assessments under
20 generally accepted accounting principles; and including reimbursement to the County
2t for any funds advanced for Capital Cost and interest on any interfund or intrafund loan
22 or other external loan mechanisms for such purposes.
23 "Collection Cost" means the estimated cost to be incurred by the County during any
24 Fiscal Year in connection with the collection of Assessments. To include but not
25 limited to Property Appraiser and Tax Collector fees, annual costs of updating and
26 administering the assessment roll, and maximum discounts allowed for early payment
27 under the Uniform Assessment Collection Act.
28 "County" means Collier County, a political subdivision of the State of Florida.
29 "County Administrator" means the chief executive officer of the County, designated
30 by the Board to be responsible for coordinating special assessments, or such person's
3] designee.
32 "Debt Service Amount" means the amount computed pursuant to Section 3.05(A)
33 hereof.
34 "Final Assessment Resolution" means the resolution described in Section 3.05 of the
35 Ordinance that imposes Assessments within the Benefit Area.
36 "Fiscal Year" means the period commencing on October 1 of each year and continuing
37 through the next succeeding September 30, or such other period as may be prescribed
38 by law as the fiscal year for the County.
39 "Funding Agreement" means the agreement pursuant to which the County agrees to
4o deliver the Obligations against payment therefor by the purchaser or underwriter of
4t such Obligations.
42 "Initial Prepayment Amount" means the amount computed pursuant Section 3.04(A)
43 hereof for each Tax Parcel located in Benefit Area to prepay the Capital Assessment
44 prior to issuance of the Original Obligations.
45 AGENDA ITEM
NO. ~ ' ~:~'~( c~
MAY 11 1999
4
Pli.
t "Local Improvement" means a capital improvement constructed or installed by the
2 County for the special benefit of a neighborhood or other local area, for which special
3 assessments may be imposed pursuant to the Ordinance.
4 "Maintenance Cost" means all expenses that are properly attributable to maintenance
5 of the water and wastewater facilities under generally accepted accounting principles.
6 "Modified Debt Service Amount" means the amount computed pursuant to Section
? 3.05(C) hereof.
s "Obligations" means Original Obligations or Refunding Obligations.
9 "Ordinance" means Ordinance No. 98-45.
]0 "Original Obligations" means a series of bonds or other evidence of indebtedness
It including but not limited to, notes, commercial paper, capital leases or any other
]2 obligations of the County issued or incurred to finance any portion of the Project Cost
t3 of the Water and Wastewater Facilities and secured, in whole or in part, by proceeds of
14 the Capital Assessments.
t5 "Prepayment Modification Factor" means the factor computed pursuant to Section
16 3.05(B) hereof.
r7 "Project Cost" means (A) the Capital Cost of the water and wastewater facilities, (B)
Is the impact fees or system development charges as required by the water and
]9 wastewater provider, (C) the Transaction Cost associated with the Obligations
2o attributable to the Water and Wastewater Facilities, (D) interest accruing on such
2] Obligations for such period of time as the County deems appropriate, (E) the debt
"~.2 service reserve fun,.': or account, if any, esf~blished for the Obligations attributable to
23 the Water and Wastewater Facilities, and ) any other .-,osts or expenses related
24 thereto.
25 "Property Appraiser" means the Collier County Property Appraiser.
26 "Refunding Obligations" means a series of bonds or other evidence of indebtedness
27 including but not limited to, notes, commercial paper, capital leases or any other
2s obligations of the County issued or i curred to refund all or any portion of the Original
29 Obligations or any indebtedness issued to refinance the Original Obligations.
3o "Related Service" mee-';s the operation and maintenance of a Local Improvement.
3] "State" means the State of Florida.
32 "Statutory Discount A~nount" means the amount computed for each Tax Parcel
33 pursuant to Section 3.05(F) hereof.
34 "Tax Parcel" means a parcel of property to which the Property Appraiser has assigned
35 a distinct ad valorem property tax identification number.
36 "Tax Roll" means the real property ad valorem tax assessment roll maintained by the
37 Property Appraiser for the purpose of the levy and collection of ad valorem taxes.
38 "Transaction Cost" means the costs, fees and expenses incurred by the County in
39 connection with the issuance and sale of any series of Obligations, including but not
40 limited to (A) rating agency and other financing fees; (B) the fees and disbursements of
41 bond counsel; (C) the underwriters' discount; (D) the fees and disbursements of the
42 County's financial advisor; (E) the costs of preparing and printing the Obligations, the
43 preliminary official statement, the final official statement, and all other documentation
t4 supporting issuance of the Obligations; (F) the fees payable in respect of any municipal
45 bond insurance policy; (G) administrative, development, credit review, and all other
1
I AY 11 1999
.. t'~
1 fees associated with any pooled commercial paper or similar interim financing program;
2 and (G) any other costs of a similar nature incurred in connection with issuance of such
3 Obligations.
4 "Uniform Assessment Collection Act" means Sections 197.3632 and 197.3635,
5 Florida Statutes, or any successor statutes authorizing the collection of non-ad valorera
6 :ssessments on the same bill as ad valorem taxes, and any applicable regulations
? promulgated thereunder.
8
9 SECTION 1.02. INTERPRETATION. Unless the context indicates otherwise, words
l0 importing the singular number include the plural number, and vice versa; the terms
l~ "hereof," "hereby," "herein," "hereto," "hereunder" and similar terms refer to this
12 Resolution; and the term "hereafter" means after, and the term "heretofore" means
~3 before, the effective date of this Resolution. Words of any gender include the
14 correlative words of the other gender, unless the sense indicates otherwise.
15
t6 SECTION 1.03. GENERAL FINDINGS. The Board legislatively finds and
l? determines that:
is (A) Article VIII, Section 1 of the Florida Constitution, and Sections 125.01 and
t9 125.66, Florida Statutes, grant to a board of county commissioners all powers of local
20 self-government to perform county functions and to render services for county purposes
2~ in a manner not inconsistent with general law, or with special law approved by vote of
22 the electors, and such power may be exercised by the enactment of county ordinances.
23 (B) The Board has enacted the Ordinance to provide for the creation of municipal
24 service benefit units and authorize the imposition of Assessments to fund the
25 acquisition and construction of Local Improvements and the provision of Related
26 Services to benefit the property located therein.
z? (C) Construction of the Water and Wastewater Facilities constitutes a Local
2s Improvement as contemplated by the Ordinance.
29 (D) The Benefit Area consists of (11 ) lots on the south side of Golden Gate Parkway
30 east from Santa Barbara Boulevard to 53rd Street Southwest. The property owners in
3~ the foregoing area requested the County to construct Water and Wastewater Facilities
32 to allow for construction on the referenced property.
33 (E) The Benefit Area is located in Golden Gate City, Unit 7, Block 230, Lots 1
34 through 11, in Section 28 South, Township 49 South, Range 26 East, as recorded in
35 Plat Book 5, page 140 of the Public Records of Collier County, Florida.
36 (F) The construction of such Water and Wastewater Facilit'ies will serve a -
s? predominately public purpose and improve the quality and appearance of all property
38 located within the Benefit Area by allowing the owners to proceed with construction,
39 thereby providing a special benefit to such property.
40 (G) The Assessments to be imposed in accordance with this Resolution provide an
4~ equitable method of funding the acquisition, construction of the water and wastewater
42 facilities by fairly and reasonably allocating the cost to specially benefited property.
43
44
45 AGENDA [TEM
NO ~ (' ~(~
MAY ll 1999
6
ARTICLE II
NOTICE AND PUBLIC HEARING
4 SECTION 2.01. ESTIMATED CAPITAL AND PROJECT COST.
5 (A) The estimated Capital Cost for the Water and Wastewater Facilities is $386,825.
6 (B) The estimated total Project Cost is $452,733.
? (C) The Project Cost of the Water and Wastewater Facilities will be funded through
8 the imposition of Assessments against property located in the Benefit Area in the
9 manner set forth in Arfi:le III hereof. The annual maintenance cost for water and
l0 wastewater facilities will be borne by Florida Government Utility Authority upon
tt conveyance of the facilities.
]2
13 SECTION 2.02. ASSESSMENT ROLL. The County Administrator is hereby
~4 directed to prepare final estimates of the Capital Cost for the Water and Wastewater
t5 Facilities and to prepare the preliminary Assessment Roll in the manner provided in the
~6 Ordinance. The County Administrator shall appo~ion the Project Cost among the
~7 parcels of real prope~y within the Benefit Area as reflected on the Tax Roll in
~8 conformity with A~icle III hereof. The estimates of Capital Cost and the Assessment
~9 Roll shall be maintained on file in the offices of the County Administrator and open to
2o public inspection. The foregoing shall not be construed to require that the Assessment
2~ Roll be in printed form if the amount of the Assessment for each Tax Parcel can be
~ 22 determined by use of a computer terminal available to the public.
24 SECTION 2.03. PUBLIC HEARING. The County Administrator is hereby
authorized to establish the date and time of a public hearing to be held in the Collier
County Commission Chambers to consider (A) creation of the Benefit Area, (B)
27 imposition of the Assessments, and (C) collection of the Assessments pursuant to the
28 Uniform Assessment Collection Act.
29
SECTION 2.04. NOTICE BY PUBLICATION. Upon completion of the materials
required by Section 2.02 hereof, the County Administrator shall publish a notice of the
public hearing authorized by Section 2.03 hereof in the manner and the time provided
in Section 3.04 of the Ordinance. Such notice shall be in substantially the form
attached hereto as Appendix A.
36 SECTION 2.05. NOTICE BY MAIL. Upon completion of the materials required by
~7 Section 2.02 hereof, the County Administrator shall, at the time and in the manner
~8 specified in Section 3.03 of the Ordinance, provide first class mailed notice of the
~9 public hearing authorized by Section 2.03 hereof to each prope~y owner proposed to
4o be assessed at the address indicated on the Tax Roll. Such notice shall be in
4~ substantially the form attached hereto as Appendix B.
42
43
~' ~4
45
NAY
7
1 ARTICLE III
2 ASSESSMENTS
3
4 SECTION 3.01. DESCRIPTION OF PROPOSED PROJECT AND BENEFIT AREA.
5 The Board proposes to create the Golden Gate Parkway Benefit Area within the Golden
6 Gate Parkway Municipal Service Taxing and Benefit Unit to encompass the property
? located in Golden Gate City, Unit 7, Block 230, Lots I through 11, in Section 28 South,
s Township 49 South, Range 26 East, as recorded in Plat Book 5, Page 140 of the Public
9 Records of Collier County, Florida. The Benefit Area is proposed for the purpose of
l0 improving the use and enjoyment of property by funding the construction of Water and
l~ Wastewater Facilities to allow for construction on the property located therein. The
12 description of the proposed sanitary sewer improvements is the construction of a new
13 pump station, new gravity and force main sewer lines and appurtenances from
14 Street S.W. through an alley to connect to the Florida Government Utility Authority
15 existing sewer facilities located on 53rd Street S.W. The proposed potable water
~6 improvements is the construction of a new 8" water main, appropriate fire hydrant(s)
17 and appurtenances along the south side of Golden Gate parkway to connect to the
18 Florida Government Utility Authority existing water facilities located on Santa Barbara
~9 Boulevard.
20
2~ SECTION 3.02. IMPOSITION OF CAPITAL ASSESSMENTS. Capital
22 Assessments shall be imposed against property located within the Benefit Area for a
23 period of 15 years. The first annual Capital Assessment will be included on the ad
24 valorem tax bill to be mailed in November 1999. When imposed, the Capital
25 Assessment for each Fiscal Year shall constitute a lien upon the Tax Parcels located in
26 the Benefit Area, pursuant to the Ordinance.
27
28 SECTION 3.03. APPORTIONMENT
29 The Board legislatively finds and determines that since use of the Water and
30 Wastewater Facilities will be substantially proportional to the total geographic area of
31 each Tax Parcel, it is fair and reasonable to apportion the costs of the project on a per
32 lot basis.
33
34 SECTION 3.04. PREPAYMENT AMOUNTS.
35 (A) The Initial Prepayment Amount for each Tax Parcel located within the Benefit
36 Area shall be computed by determining the total Project Cost, subtracting from that the
37 Avatar Properties, Inc. contributions and Debt Seaice Rese~es, divided by the total
38 number of benefited Tax Parcels as described in Section 3.01
39 (B) Following issuance of the Original Obligations, an Adjusted Prepayment Amount
40 for each Tax Parcel, other than those Tax Parcels as to which the Capital Assessment
4~ has been prepaid prior to issuance of the Original Obligations, shall be computed by
42 multiplying (1) the amount computed by dividing (a) the Initial Prepayment Amount
43 established herein for such Tax Parcel by (b) the aggregate Initial Prepayment
44 Amounts for all Tax Parcels within the Benefit Area, excluding those Tax Parcels as to
45 which the Capital Assessment has been prepaid prior to issuance of the Original
(~
1 Obligations, by (2) the principal amount of the Original Obligations. The Adjusted
2 Prepayment Amount for each Tax Parcel shall be revised annually, as provided in
3 Section 3.05(H) hereof.
4 (C) Following issuance of any Refunding Obligations, a new Adjusted Prepayment
5 Amount for each Tax Parcel, other than those Tax Parcels as to which the Capital
6 Assessment has been prepaid prior to issuance of such Refunding Obligations, shah
? be computed by multiplying (1) the amount computed by dividing (a) the Adjusted
s Prepayment Amount for such Tax Parcel by (b) the aggregate Adjusted Prepayment
9 Amounts for all Tax Parcels within the Benefit Area, excluding those Tax Parcels as to
lo which the Capital Assessment has been prepaid prior to issuance of such Refunding
~ Obligations, by (2) the principal amount of such Refunding Obligations. The Adjusted
~2 Prepayment Amount for each Tax Parcel shall be revised annually, as provided in
~3 Section 3.05(H) hereof.
14
~5 SECTION 3.08. COMPUTATION OF ANNUAL CAPITAL ASSESSMENTS. The
~6 annual Capital Assessment shall be computed for each Tax Parcel in the manner set
~? forth in this Section 3.05.
~8 (A) DEBT SERVICE AMOUNT. A "Debt Se~ice Amount" shall be computed for
19 each Fiscal Year as the amount which would be payable in respect of the Obligations in
20 accordance with a debt se~i ce schedule wherein the principal and interest installments
2~ equal those established in the Funding Agreement.
'~ 22 (B) PREPAYMENT MODIFICATION FACTOR. A "Prepayment Modification Factor"
23 shall be computed for each Fiscal Year by dividing (1) the amount computed by
24 subtracting (a) the sum of the Adjusted Prepayment Amounts, as of the date on which
25 the Obligations are issued by the County, for all Tax Parcels as to which prepayment
z6 has been made following issuance of,the Obligations, from (b) the total principal
27 amount of Obligations initially issued by the County, by (2) the total principal amount of
2~ Obligations initially issued by the County.
2~ (C) MODIFIED DEBT SERVICE AMOUNT. A "Modified Debt Se~ice Amount" shall
30 be computed for each Fiscal Year by multiplying (1) the Debt Se~ice Amount by (2) the
3~ Prepayment Modification Factor.
32 (D) ANNUAL DEBT SERVICE FACTOR. An "Annual Debt Se~ice Factor" shall be
33 computed for each Fiscal Year by dividing (1) the Modified Debt Se~ice Amount by (2)
34 the aggregate Adjusted Prepayment Amount.
35 (E) ANNUAL D~.:BT SERVICE COMPONENT. The "Annual Debt Se~ice
36 Component" shall be computed for each Fiscal Year for each Tax Parcel by multiplying
37 (1) the Adjusted Prepayment Amount for such Tax Parcel by (2) the Annual Debt
3s Se~ice Factor.
39 (F) STATUTORY DISCOUNT AMOUNT. The "Statuto~ Discount Amount" shall be
40 computed for each Tax Parcel as the maximum discount allowed for early payment
4~ under the Uniform Assessment Collection Act, such amount to be calculated by
42 deducting (1) the Annual Debt Se~ice Component from (2) the amount computed by
43 dividing (a) the Annual Debt Se~ice Component by (b) 0.96.
~ 44 (G) CAPITAL ASSESSMENT. The annual Capital Assessment for each Tax Parcel
45 shall be computed as the sum of (1) the Annual Debt Service Component and (2) the
AGENDA ~M
HAY 1 1999
I Statutory Discount Amount.
2 (H) REVISION OF ADJUSTED PREPAYMENT AMOUNT. Upon issuance of the ad
3 valorem tax bill for each Fiscal Year, the Adjusted Prepayment Amount for each Tax
4 Parcel shall be re-computed by deducting (1) the amount computed by (a) dividing (i)
5 the principal component of the Debt Service Amount utilized to compute the Debt
Service Component for the Assessment Roll by (i i) the total Debt Service Amount
? utilized to compute the Debt Service Component for the Assessment Roll and (b)
multiplying the result by the Annual Debt Service Component included on the
9 Assessment Roll for the Tax Parcel, from (2) the Adjusted Prepayment Amount utilized
to compute the annual Capital Assessment included on the Assessment Roll for such
Tax Parcel.
12
SECTION 3.06. INITIAL PREPAYMENT OPTION.
(A) On or prior to the thirtieth calendar day following the date on which the County
15 adopts the Final Assessment Resolution, the owner of each Tax Parcel subject to the
Assessment shall be entitled to prepay all future annual Capital Assessments upon
payment of the Initial Prepayment Amount. The Board, in its sole discretion, may elect
to accept prepayments pursuant to this Section 3.06 on any date prior to execution of
the Funding Agreement.
2o (B) The amount of all prepayments made pursuant to this Section 3.06 shall be final.
The County shall not be required to refund any podion of a prepayment if the actual
22 Capital Cost of the water and wastewater facilities is less than the estimated Capital
23 Cost upon which such the Initial Prepayment Amount was computed.
24
25 SECTION 3.07. ADDITIONAL PREPAYMENT OPTION.
(A) Before the thi~ieth calendar day following the date on which the County adopts
27 the Final Assessment Resolution, or such later date as the Board may allow in its sole
discretion, the owner of each Tax Parcel subject to the Capital Assessments shall be
entitled to prepay all future unpaid annual Capital Assessments upon payment of an
30 amount equal to the sum of (1) the Adjusted Prepayment Amount for such Tax Parcel,
and (2) interest on the Adjusted Prepayment Amount, computed at a rate one full
percentage point in excess of the rate on the Obligations, from the most recent date to
which interest on the Obligations has been paid to the next date following such
34 prepayment on which the County can redeem Obligations after providing all notices required to redeem all or any potion of the Obligations.
(B) During any period commencing on the date the annual Assessment Roll is
37 ce~ified for collection pursuant to the Uniform Assessment Collection Act and ending
38 on the next date on which unpaid ad valorera taxes become delinquent, the County may
reduce the amount required to prepay the future unpaid annual Capital Assessments
40 for ~e Tax Parcel by the amount of the Capital Assessment that has been ce~ified for
collection with respect to such Tax Parcel.
42 (C) The amount of all prepayments made pursuant to this Section 3.07 shall be final.
43 The County shall not be required to refund any potion of a prepayment if (1) the
44 Capital Cost of the Water and Wastewater Facilities is less than the amount upon
45 which such Adjusted Prepayment Amount was computed, or ) annual Capital~
A~NDA i~M
NO. ~ ,~ ~ ~,,~((~
MAY 1 { 1999
PS. { '~
t Assessments will not be imposed for the full number of years anticipated at the time of
2 such prepayment.
3
4 SECTION 3.08. MANDATORY PREPAYMENT.
5 (A) If at any time a tax certificate has been issued and remains outstanding in
6 respect of any Tax Parcel subject to the Capital Assessment, the owner shall prepay all
? future unpaid annual Capital Assessments for such Tax Parcel if the County, at its sole
s option, elects to accelerate the Capital Assessment. The amount required to prepay
9 the future unpaid annual Capital Assessments will be equal to the sum of (1) the
lo Adjusted Prepayment Amount for such Tax Parcel, and (2) interest on the Adjusted
H Prepayment Amount, computed at a rate one full percentage point in excess of the rate
~2 on the Obligations, from the most recent date to which interest on the Obligations has
~3 been paid to the next date following such prepayment on which the County can redeem
~4 Obligations after providing all notices required to redeem all or any portion of the
15 Obligations.
~6 (B) During any period commencing on the date the annual Assessment Roll is
~? certified for collection pursuant to the Uniform Assessment Collection Act and ending
Is on the next date on which unpaid ad valorem taxes become delinquent, the County may
~9 reduce the amount required to prepay the future unpaid annual Capital Assessments
20 for the Tax Parcel by the amount of the Capital Assessment that has been cedified for
21 collection with respect to such Tax Parcel.
~2 (C) The amount of all prepayments made pursuant to this Section 3.08 shall be final.
z3 The County shall not be required to refund any potion of a prepayment if (1) the
24 Capital Cost of the Water and Wastewater Facilities is less than the amount upon
2~ which such Adjusted Prepayment Amount was computed, or (2) annual Capital
26 Assessments will not be imposed for the full number of years anticipated at the time of
27 such prepayment.
29 SECTION 3,09. REALLOCATION UPON FUTURE SUBDIVISION,
30 (A) Upon subdivision of any Tax Parcel located within the Benefit Area that is
3~ subject to the Capital Assessment, and compliance with the conditions set fodh below,
32 the Initial Prepayment Amount for such Tax Parcel (or, if the Obligations have been
33 issued, the Adjusted Prepayment Amount for such Tax Parcel) shall be reallocated
34 among the subdivided parcels.
35 (B) In order to have the Initial Prepayment Amount for such Tax Parcel (or, if the
36 Obligations have been issued, the Adjusted Prepayment Amount for such Tax Parcel)
37 reallocated in connection with any such subdivision, the owner shall be required to
3s apply to the County and comply with each of the following conditions:
39 (1) a recorded plat, approved site plan or comparable document must be provided
40 to the County sufficient in detail to describe adequately the location of the Tax Parcel
4~ and the individual par~ls in the proposed subdivision;
42 (2) the Properly Appraiser must have assigned distinct ad valorem properly tax
43 identification numbers to each individual subdivided parcel or committed in writing to
44 assign such numbers prior to the next ensuing August 1 or any later date approved by
15 the County that will not prevent timely cedification of the Assessment Roll in
Pg. \ '~
accordance with the Uniform Assessment Collection Act;
2 (3) at the expense of the property owner, an appraisal must be provided by a
3 County-approved "certified general appraiser," as defined in Section 475.611 (g),
4 Florida Statutes, which indicates the fair market value of the Tax Parcel prior to the
5 subdivision and the fair market value of each individual subdivided parcel; in
determining the fair market value of the individual subdivided parcels, the appraiser
? may take into consideration any infrastructure improvements that are then under
s construction if funds sufficient for their completion are secured to the satisfaction of the
County Attorney;
t0 (4) a proposed reallocation of the Initial Prepayment Amount (or, if the Obligations
have been issued, the Adjusted Prepayment Amount) to each individual parcel must be
provided to the County; provided however, that no portion of the Initial Prepayment
Amount (or, if the Obligations have been issued, the Adjusted Prepayment Amount)
may be reallocated to property proposed for dedication to the public or to common use
of the subdivided parcels;
(5) the fair market value of each separate parcel after the subdivision must be at
least five times the Initial Prepayment Amount (or, if the Obligations have been issued,
the Adjusted Prepayment Amount) reallocated thereto; and
(6) the properly owner shall pay an assessment reallocation fee to the County for
2o each individual parcel resulting from the subdivision, in an amount to be established by
resolution of the Board of County Commissioners.
22 (C) If the owner of any Tax Parcel subject to the Capital Assessment subdivides
23 such Tax Parcel and fails to comply with the foregoing conditions, the County shall
24 reallocate the Initial Prepayment Amount (or, if the Obligations have been issued, the
Adjusted Prepayment Amount) among the subdivided parcels, based upon the land
26 value, without improvements, assessed to each subdivided parcel by the Prope~y
27 Appraiser. At its sole option, the County may obtain an appraisal of the subdivided
parcels at any time and reallocate the Initial Prepayment Amount (or, if the Obligations
have been issued, the Adjusted Prepayment Amount) based upon the land value,
30 without improvements, reflected in the appraisal. If an appraisal is obtained, the cost of
the appraisal will be allocated among the subdivided parcels on the basis of the value
32 reflected therein and added to the Capital Assessment for each subdivided parcel in
33 the Fiscal Year following receipt of the appraisal. The Board legislatively finds and
34 determines that the foregoing method of real locating the Initial Prepayment Amount (or,
35 if the Obligations have been issued, the Adjusted Prepaymem Amount) among
36 subdivided parcels is fair and reasonable, taking into consideration the oppodunity for
37 reallocation available to the owner and the requirement to provide adequate security for
3s the Obligations.
39
40 ARTICLE IV
GENE~L PROVISIONS
42
43 SECTION 4.01. METHOD OF COLLECTION. The Assessments shall be collected
44 pursuant to the Uniform Assessment Collection Act.
45
AN~~DA !~
_ ~(
P~. ~
SECTION 4.02. SEVERABILITY. If any clause, section or provision of this
2 Resolution shall be declared unconstitutional or invalid for any reason or cause, the
3 remaining portion of said Resolution shall be in full force and effect and be valid as if
4 such invalid podion thereof had not been incorporated herein.
6 SECTION 4.03. EFFECTIVE DATE. This Resolution shall take effect immediately
? upon its adoption.
8
9 DULY ADOPTED this ~ day of ,1999.
]0
12 BOARD OF COUNTY COMMISSIONERS OF
13 COl, UER COUNTY, FLORIDA
]4
]5
16 By:
l? PAMELA S. MAC'KIE, CHAIRWOMAN
18
19
2o (SEAL)
21
""" 22
23
24 ATTEST:
25 DWIGHT E. BROCK, CLERK
26
27
28 By:
29
30
31
32 Approved as to legal form
33 and sufficiency
34
36
37 David C. Weigel" '/_..5
3s County Attorney
39
40
41
42
43
44 ,
AGENDA ITEM
HAY 11 1999
pg.. ~
1 APPENDIX A
2
3 FORM OF NOTICE TO BE PUBLISHED
4 To Be Published
6 [INSERT MAP OF BENEFIT AREA]
'7
8
9 NOTICE OF HEARING TO IMPOSE AND
lo PROVIDE FOR COLLECTION OF SPECIAL
l~ ASSESSMENTS IN THE GOLDEN GATE
~:z PARKWAY BENEFIT AREA
13
14
15 Notice is hereby given that the Board of Commissioners of Collier County will conduct a
16 public hearing to consider creation of the Golden Gate Parkway Municipal Service Benefit
~7 Unit, as shown above, and imposition of special assessments for the construction of water
~8 and wastewater facilities. The hearing will be held at [insert time] on [insert date], in the
19 [insert location], for the purpose of receiving public comment on the proposed Benefit
20 Area and assessments. All affected property owners have a right to appear at the hearing
21 and to file written objections with the County Commission within 20 days of this notice. If a
22 person decides to appeal any decision made by the Board of County Commissioners with
23 respect to any matter considered at the hearing, such person will need a record of the
24 proceedings and may need to ensure that a verbatim record is made, including the
25 testimony and evidence upon which the appeal is to be made. In accordance with the
26 Americans with Disabilities Act, persons needing a special accommodation or an
27 interpreter to participate in this proceeding should contact the County Administrator at
28 [insert telephone number] at least seven days prior to the date of the hearing.
~-9 The assessment for each parcel of property will be based upon a per lot basis. The
30 geographic area of each parcel of property is set forth in the Initial Assessment Resolution
3~ adopted by the County Commission on [insert date]. Copies of the Initial Assessment
32 Resolution and the preliminary Assessment Roll are available for inspection at the office of
33 the County Administrator, located at [insert address].
34 The assessments will be collected on the ad valorem tax bill, as authorized by Section
35 197.3632, Florida Statutes. Failure to pay the assessments will cause a tax certificate to
36 be issued against the property which may result in a loss of title. The County Commission
37 intends to collect the assessments in [insert number] annual installments, the first of
38 which will be included on the ad valorem tax bill to be mailed in November 1999.
39
40 If you have any questions, please contact the County Administrator at [insert telephone
41 number].
42
43 BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA
44
45
AGENDA ITEM
NO._
APPENDIX B
3
4 FORM OF NOTICE TO BE MAILED
:s [INSERT NAME OF COUNTY OR DEPARTMENT, ADDRESS AND PHONE]
6 [insert date]
?
8 [Property Owner Name]
9 [Street Address]
l0 [City, State and zip]
Re: Parcel Number [Insert Number]
Golden Gate Parkway Benefit Area
14
Dear Property Owner:
l? As you should be aware, the Board of County Commissioners is considering creation of
18 the Golden Gate Parkway Municipal Service Benefit Unit for the construction of water
19 and wastewater facilities. The cost cf the water and wastewater facilities will be funded
20 by assessments against property within the Benefit Area. The assc~ssment for each
2~ parcel of property is based on a per lot basis. The geographic area of each parcel of
22 property is set forth in the Initial Assessment Resolution adopted by the County
23 Commission on [insert date]. Copies of the Initial Assessment Resolution and the
24 preliminary Assessment Roll are available for your review at the offices of the County
25 Administrator, located at [insert address]. Information regarding the assessment for
26 your specific property is attached to this letter.
27
2s The County intends to issue debt to finance this assessment project. This will permit
29 the capital cost attributable to your property to be amortized ov~ ~ a period of [insert
30 number] years. However, on or prior to the thirtieth calendar, :y following the date on
31 which the County adopts the final assessment resolution, you may choose to prepay
32 your assessment in full ($. to cover your share of the capital cost) and avoid the
33 additional financing cost.
34
35 If you do not choose to prepay on or prior to the thirtieth calendar day following the
36 date on which the County adopts the final assessment resolution, the amount
3'z necessary to pay your assessment in full will be increased by your share of the
38 financing cost.
39
4o The annual assessment will include your share of the principal, interest, collection cost,
4~ and the maximum discount allowed for early payment under the Uniform Assessment
42 Collection Act. The maximum annual assessment is estimated to be $ per lot.
43 However, the actual annual assessment cannot be determined until the debt is secured
44 and then the assessment may be lower. The County intends to include annual
45 assessments on your ad valorem tax bill. Failure to pay your assessments will cause a
tax certificate to be issued against the property which may result in a loss of title.
2
3 The Board of County Commissioners will hold a public hearing at [insert time] on
4 [insert date], in the [insert location], for the purpose of receiving comments on the
5 proposed Benefit Area and the assessments, including collection on the ad valorem tax
bill. You are invited to attend and participate in the hearing. You may also file written
? objections with the County Commission prior to or during the hearing. If you decide to
appeal any decision made by the Board of County Commissioners with respect to any
matter considered at the hearing, you will need a record of the proceedings and may
need to ensure that a verbatim record is made, including the testimony and evidence
upon which the appeal is to be made. In accordance with the Americans with
Disabilities Act, if you need a special accommodation or an interpreter to participate in
this proceeding, please contact the County Administrator at [insert telephone number]
at least seven days prior to the date of the hearing.
~6 Questions regarding your assessment and the process for collection may be directed to
]? [Insert name and telephone number].
]8
19 [INSERT NAME OF COUNTY OR DEPARTMENT]
20
2] * * * * * SEND NO MONEY NOW. THIS IS NOTAN INVOICE * * * * *
22
23 Golden Gate Parkway Municipal Service Benefit Unit
24
25 [Property Owner Name]
26 Parcel Number [Insert Number]
27
2s Prepayment amount before loan is issued (no financing cost): [Insert Amount]
29
30 Prepayment amount after loan is issued (includes financing cost): [Insert Amount]
3]
32 Number of annual payments for capital cost: [Insert Number]
33
34 Maximum annual payment for capital cost: [Insert Amount]
35
36 Expected date of first bill: November 1999
37
38
39 * * * * * SEND NO MONEY NOW. THIS IS NOT AN INVOICE * * * * *
AGENDA ITEM.
NO, _,~__ (?) (
MAY 11 1999
EXECUTIVE SUMMARY
REVIEW OF DOCUMENTS NECESSARY TO CREATE A COLLIER
COUNTY COMMUNITY HEALTH CARE COMMITTEE
OBJECTIVE: To assess the he:Ith care systems currently sen, ing the Collier County
Community.
CONSIDERATIONS: The County Commission, in its recent strategic planning session,
directed staff to prepare the documents that would be necessat3~ to create an ad hoc
committee that would serve to investigate the current health care systems xvithin Collier
County and determine if in fact all of the different segments of the population have
adequate access and sufficient care. The attached resolution, which has been prepared by
the County Staff in conjunction xvith the Public Health Department and reviewed by the
County Attorney's Office, provides for the membership, the goals and the general function
of the committee.
The presentation of this committee was slower in being returned to the Board for
consideration as it xvas determined following the strategic planning session, that the Greater
Naples Civic Association had created a committee similar to this as a follow up to the
previous efforts of the Focus Group. Although not a traditional GNCA type issue, the
Association felt that the issue had sufficient communit), interest and concern that a
continued effort to research the issue was important. When approached, GNCA
representatives indicated that a committee sanctioned by the Count5' Commission might be
able to obtain information easier than xvould their committee and was willing to disband
their group if/when the Count5T created its own (see attached letter).
GROWTH MANAGEMENT IMPACT: There is no growth management impact
associated with the creation of this committee as them is no PubZic Health element included
within the County's Comprehensive Plan.
FISCAL IMPACT: The cost of this committee will only be that associated with the staff
time required for support. In general it is anticipated that the Public Health Director xvould
represent the County's interest on the committee and agendas, minutes, and other support
functions would be paid through the Public Health Department. Additional hard costs for
such support is anticipated to be less than $1,000 annually.
RECOMMENDATION THAT THE BOARD OF COLLIER COUNTY
COMMISSIONERS, authorize the creation of the attached Resolution following review
and approval of the Count)' Attorney's office, creating the Collier Count)' Community
Health Care Committee.
Prepared by: ~k'~-"~f,, ~.-.~~
Thomas~(/'. (31~f, giic~ices Xdministrator
/~' Re~ ~ewed b} Dr~ onigs ' ' tfblic Health Director
._
I'~ESOLUTION NO. 99-___
A i~.L-Lg(~!.t 'FION ESTABLISHING THE COLLIER COUNTY CONINIUNITY
HE:tLTI-' C-%I~.E REVIEW' COM~IITTEE FOR THE I}URPOSE OF REVIE~;ING
EXISTING tIEALTH ~RE SYSTE~IS IN COLLIER COUNTY; TO DETEDIINE IF
~EQUATE ACCESS .~D HEALTH ~RE IS AVA~MBLE TO gL OF THE
RESIDENTS OF COLLIER COUNTY .~ND IF NOT TO RECO~INIEND AftIONS
THAT MIGHT BE TAKEN TO ~DRESS LN'Y L~SES IN ACCESS OR COVEIL~GE
'~'i IEREAS, ;dl hc:~d~ c:~:'c providc'd d~tc. ctlv re> this con~nuniD' ~,id~ ~c exceptions of
cer:;,:. ~i:~:::~.i ~:~:~ pro', idc-d ~<: vet,' iimited pc, puh!nc:,ns [)v l]~c Collier CounD' Heidd~ Department
~'1 iEREAS, Ti;t:c ~s n<> :~vcrs~ght of d~e m:gp,' dif~Z'rcnt he~dth care systenls to ensure ~at
a]l (,:' c5:~]::~: ~:::r'. '5 ~5~Lk.n[s h:r,'c :tdeciuatc ;tzcess tc~ ttffQrd;ik)le health care, and
X~IfEI(EAS~ rhc :~lh~ (:(~LinP,~'C~=~T,.~S~ n during ~ts :u~nu;tl strategnc pl~mng sessions
NCjX~ TitEREFOI{E, BE IT RESOLVED BY TtIE BO~ OF COUN~
CO~IMiS~IONER5 OF COI.I.1IER COt'NTY FLORIDA, that
SECFION O>dl.Z Creatiun of the Ad Hoc Collier County Con~muni~' Health Care
Cotnn~ittee.
]~ur~',:.~:' r :::~ p: ~',':~:,,~ {./Cc>llier Cownr'c Ordm:tnce k'jo 86-41, as ~nended, the Board
of 'Z,u:nr', ~,::,:',.~: ~ n,.':: ~:c::'[~', c:c.~tes flu. (]olhc:' Cc~unrv Conlnltlnig' Health Care Co~n~ttee as
SECI'ION 'I'%X O. .,Xppoinm~cnt of Members and Failure to Attend Meetings.
2Cc;..::.L ,:; ;:,~: ] t~,:hh :7Z;:n;c, ]no
,~-
Officers; Quoluu~; Cuinpensatlon.
: ~:;'. :'.:t: ~,~L~:U, :~.J2ti/;'lllk:'~ [ZL'..[~i~ t~;ll~ ':~[~lltlt't: shall bc dcct(:d by
Functions, Powers and Duties of die Collier Coun~ Conunani~ Health
%~[' cxlstlF, g he.Lift, tale svstcf~s 11] place for :d] Colher Count,' populations, to
Z~,,jmv C,)n-antss~,:>ncrs kXhcn Ic>~king at proposed options for ~v shogf~l m
.. u~! usk- cf cxtsm~g r:'~ou:'ces shall be rhc prefixfred option considered
: k;;.: Z.;;,: ,.:?','['.,;17~L' r;:.~l ,, .'. h :: i~.r.~ {:f any proposed S':)]tltiOl~,
;H' (,2l,.!;:~( >;'k:IC,:. ,~:1 ! ~)$]*,';}[L' ~LII.~H]?~ Sh:ll] [)C: considc~c'd before
,1 71,k j,l'.k:l (]Uj!17', ~]OIIMq]LHIIR' fh'alrh (]are Clo~;~uee shall be open to the
:: ' ,',', J :hi> dy,' cZ 1999 after motxo~L second
Civic Association
378 Goodlette Road South
Naples, Florida 33940
(813) 262-2424
March 19, 1999
Pamela S. Mac"Kie, Chairwoman
Collier County Board of County Commissioners
3301 ~-ast Tamiami Trail
Naples, FL 3,1112
Dear Commissioner Mac"Kic:
The Or~t~r Naples Civic Association (GNCA) has lgarn~ of the County Commission's interest in creating a
committee to look at the s)~sterns that are providing for this community's health care needs. Following the laudable
efforts of the FOCUS group, the (3NCA adopted a committee of iu own called the Collier County Health Care Task
Force. This group was formed sknply because it was Felt that health care was a~ issue of some considerable
community interest .nd deserv~ to b~ pursu~ further.
Ln the recent meeting with Dr. Konigsberg. the Public Health Director and Tom Olliffof your staff. it was
that there is no need for competing committees. Further, while GNCA believes the subject is important, there is no
sense of owrtership by our association: we don't care who does it or who gets the credit, just as long as it is done. In
fact, it would probably be more effective if it had the full weight of the County behind it. In this vein, GNCA has
agreed to send this letter supporting the County's efforts and to express its willingness to table indefinitely the
Collier County Health Care Task Force committee, upon the formation of a similar committee at the County Ievel.
There has been considerable work done by Ken Abernathy on behalf of GNCA to generate a high level of
participation on the Collier County Health C~e Task Force, as you note fi'om the membership roster provided. We
feel that many of these people should be considered for any committee devoted to the subject and hope that this
would be a starting point of any County committee that is formed.
We are encouraged by the Cornmission's interest in this subject and will stand by to hear what. if any. action will
be taken in regards to this issue when it is brought forward by your staff. Please feel free to call ifthe GNCA can be
of any assistance with this or any other matter of mutual interest. '
Sincerely,
~Greater Napl~ Civic Association
,.: ............,,y////
EXECUTIVE SUMsMARY
AUTHORIZATION TO NEGOTIATE THE SALES PRICE OF PROPERTY ADJACENT TO
THE GOLDEN GATE CONIMUNITY CENTER (GGCC) AND APPOLNT A COM~IISSIONER
TO ACT AS A LIAISON TO ASSIST WITH THE NEGOTIATION OF THE PRICE.
Objective: To pursue what may be a limited opportunity. for an additional +7.5 acres adjacent to the
GGCC, which could provide recreation and open space expansion opportunities.
Consideration: On April 5, 1999 staff met with the Golden Gate Community Center Advisory Board to
discuss expansion needs for the community center. The committee clearly had a desire to reserve more
property within the Golden Gate City area for open green space, and the property under consideration is
directly across a local street from the existing GGCC property. In addition, since 1976, the GGCC has
been the hub for a diverse range of special events programs in Golden Gate such as the Golden Gate
Festival, Cool Cruisers Car Show, and the Summerfest Carnival. Due to the continued growth in the
community and the numerous requests for event space, the currently available outdoor areas are becoming
too small, prompting a need for alternative locations.
One option is to explore the purchase of the 7.5 +/- acres located behind the community center. Although
the asking price is $1,035,000 for the property which is zoned Urban Mixed Use / Community Center,
Real Property has assessed the property closer to $655,000. The owner, Avatar Properties, has expressed
an interest in negotiating the price and the GGCC Advisory Board has recommended that due to
Commissioner Constantine familiarity with the Community Center, the property and the Golden Gate
communi~,, that he be appointed by the County Commission to assist the County staff in negotiating a
price for the property.
Growth Management Impact: There is no Growth Management Plan impact associated with this
particular item. Should the Board decide to purchase this property. the value of the land and acreage
would be added to the County park land inventory. The cost of any improvements constructed on the
property, would be added to the Park facilities inventory value.
Fiscal Impact: There will be no fiscal impact as this request is only exploratory at this time. However,
should the Board ultimately decide to purchase this propert>,, it could be funded from impact fees and/or
from the GGCC special taxing district which already exists. Although the GGCC Advisory Board seemed
inclined to recommend that impact fees be the funding source for this property, purchase, they also
indicated a willingness to consider at least a partial funding (of approximately 2-3 acres) through the
taxing district to reserve the ability to hold the traditional community events on the site with hopes of
opportunities for limited alcohol consumption.
Recommendation: The Golden Gate Advisory Board and staff recommend that the Board authorize
staff to negotiate a sales price and purchase contract with Avatar for 7.5 acres of available land north of
the Golden Gate Community Center, and that the Board appoint a Commissioner to represent the County
in these negotiations.
(/'John Dhnnuck, Operations Coordinator
Department of Parks and Recreation
Reviewed and :'~"/~ "
Approved by: ,,'f/f/,.~",f,~:~! ,"fZ?,'.': Date: z-/.
/
Mafia Ramsey, Director
Department of Parks and Recreation
Reviewed and ~TffTd~
Approved by: C~ , Date:
strator
Division of Public Se~ices
EXECUTIVE SUMMARY
APPROVE AN AGREEMENT FOR SALE AND PURCHASE FOR THE PURPOSE OF
ACQUIRING TRACT 'D' OF ROBERTS RIDGE, "ROBERTS RANCH", IMMOKALEE.
OBJECTIVE: Approve an Agreement for Sale and Purchase with Mary E. Giddens, John
Dale Galtagher and Phillip C. Sherrod, as Trustees of the Roberrs Family Trust, dated
September 21, 1994, (Trustees), for the purchase of approximately 8.8 acres of property
referred to as Tract "D", located in Immokalee, Florida.
CONSIDERATION: On October 13, 1998, the Board of County Commissioners authorized staff
to pursue the purchase of 8.8 acres of property known as Tract "D" of Roberts Ridge, a
subdivision recorded in Plat Book 25, Page 100 and 101 of the Public Records of Collier
County, Florida. Tract "D" is located directly adjacent to the current County-owned parcel
known as Tract "E", which was gifted to the County in June, 1996.
On January 26, 1999, Item 8C2, the Board was presented with a counteroffer from the
Trustees to purchase both Tracts "C" and "D" for an amount of not less than $1,100,000. The
Trustees at that time were unwilling to sell only Tract "D". A motion was made by the Board of
County Commissioners to direct staff to obtain the required appraisals and enter into an
agreement with the Trustees contingent upon financing. The motion failed 2 to 3.
Since that time, the Trustees have approached County staff and are now interested in selling
only Tract '°D" for an amount not less than $600,000, as indicated in the attached letter dated
April 13, 1999, which was received from Mr. Dallas Townsend, representative of the Trustees.
Staff initially proposed a purchase price of $500,000 for Tract °'D".
The letter mentions the cost of relocating those improvements currently located on Tract "D" to
the County-owned site (Tract "E") if Tract "D" was not acquired by the County. These costs
are estimated to be $125,000. If the County were to acquire Tract "D", the historic structures
could remain on the site. The letter also indicates that the proposed purchaser of Tract "C"
wishes to acquire Tract "D" if the County is not interested in purchasing the site at a price of
$600,000.
An Agreement for Sale and Purchase has been prepared by the Real Property Management
Department for the acquisition of only Tract "D". A copy of the Agreement forwarded to the
Trustees is attached. The Agreement has been reviewed and approved by the County
Attorney's Office. Staff has not received the original Agreement executed by the Trustees as
of this date. Provided the Board recommends to purchase Tract "D" at the purchase price
indicated, and no substantial changes are made to the Agreement by the Trustees, staff is
recommending that the Board authorize its Chairwoman to execute the Agreement for Sale
and Purchase once received by the Trustees and signed as to form and legal sufficiency by
the County Attorney's Office.
The attached Agreement contains certain standard provisions which includes the requirement
---- of two (2) appraisals pursuant to Florida Statute 125.355. The Agreement provides for an
appraisal period of ninety (90) days from the execution of the Agreement by both parties to
.-- ·
obtain the two appraisals. If for any reason whatsoever, the County is not satisfied with the
results of the appraisals, the County may terminate the Agreement given proper notice.
Pursuant to Florida Statutes, if the agreed purchase price exceeds the average appraised
price of the two (2) appraisals, the Board of County Commissioners is required to approve the
purchase by extraordinary vote at which time staff shall return to the Board for the required
approval.
The attached Agreement contains a provision to allow the County one hundred twenty (120)
days from the execution of the Agreement to obtain a report from the County's Natural
Resources Department and the County's Pollution Control Department advising of any
environmental conce' ns in order to determine whether the site can be utilized for its intended
purpose. If for any reason whatsoever, the County is not satisfied with the results of any
environmental report, the County may terminate the Agreement given proper notice.
If the County has not terminated the Agreement pursuant to any other provision in the
Agreement and decides, prior to closing, to terminate the Agreement, it may do so; however,
the County shall incur a one time cost. This cost is being proposed by the Trustees to equal
Twenty Five Thousand and No/100 Dollars ($25,000).
FISCAL IMPACT: If Collier County acquires only Tract "D", estimated costs will include the
following:
Purchase of Property $600,000.00
""' Environmental Task 1 Assessment 3,500.00
Title Commitment & Policy 3,075.00
Appraisals (2) 7,500.00
Miscellaneous 2,500.00
Approximate Total Cost $616,575.00
Funding to support this property purchase is proposed to be obtained from tourist development
taxes. An application has been prepared, and was presented to the Tourist Development
Council at their last meeting in mid April. The funding was recommended for approval subject
to the reinstitution of the third cent of the tourist tax.
The application was filed prior to the recent ordinance amendment which broadened the uses
of category B and as a result was submitted as a Museum category project. Should this
category continue to be used either the dedicated percentage for Museums would need to be
increased or a loan taken out against future impact fee collections. Should tourist taxes not be
used, there is a remote possibility that Community Trust grant funds could be applied for as a
reimbursement. However this would require that general fund reserves be used in the interim
without any assurance that grant funds could be obtained.
Beyond the purchase of the property the estimated cost to restore the buildings to a condition
in which they can be viewed by the public is approximately $1,400,000.- The restoration costs
bring the project total to $2,000,000, half of which would be anticipated to be able to be
obtained from State historic grants. Should the County expend the $600,000 for the property
purchase, an additional $400,000 would be needed to constitute the County's portion of the
project budget. These funds could again be applied for through tourist taxes or funded
~i" ~ d ~'~'~'~
N ~
NAY 11 19
through the general fund. However, it is anticipated that it would take four to five years at a
minimum to obtain the full grant funds needed due to limit on the size of awards given in any
one year. It should also be noted that although there is significant optimism regarding the
County's ability to secure these grant funds, and while similar proportions of grant funding
were successfully obtained for the Museum of the Everglades project, there is no guarantee
that grant funds will be awarded for this project. Further, since the entire grant program is
subject to annual legislative appropriations there is no assurance that can be given that the
program will even be continued beyond the current year.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: Based on previously expressed interest in this property by the County
Commission, staff is recommending that the Board of County Commissioners: 1. Approve an
Agreement for Sale and Purchase in an amount of $600,000, once the Agreement is approved
by the County Attorney's Office; 2. Authorize its Chairwoman to execute the Agreement when
presented; 3. Direct staff to obtain two (2) appraisals required by Florida Statute 125.355; 4.
Direct staff to obtain any necessary environmental reports and any other reports (which may
include a survey) to ensure the property may be utilized for its intended purpose; 5. Direct staff
to proceed to acquire the subject site and follow all appropriate closing procedures including
obtaining the acceptance of the proper conveyance document and approval to record any and
all necessary documents (once approved by the County Attorney's Office) to obtain clear title
to the property - if the purchase price does not exceed the average of the two (2) appraisals
and all other criteria proves satisfactory; and lastly, 6. Approve any and all necessary Budget
Amendments to fund said purchase and related expenses.
PREPARED BY:, , - - ..DATE ' ' -, J/' ','
Wilma Iverson~'Senior Property Specialist
Real Property Management Department
/
APPROVED BY: ~&,~,~.~')/-[ DATE 4 ~ '~
~'hom~ WTOIlif'~~.'
Public Se~ices Administrator
MAY
AGREEMENT FOR SALE AND PURCHASE
THIS AGREEMENT is made and entered into by and between MARY E. GIDDENS,
JOHN DALE GALLAGHER AND PHILLIP C. SHERROD, AS TRUSTEES OF THE
ROBERTS FAMILY TRUST DATED SEPTEMBER 21, 1994, with full power and authority
either to protect, conserve and to sell or to lease or to encumber or otherwise manage and
dispose of the real property described herein, (hereinafter referred to as "Seller"), and
COLLIER COUNTY, a political subdivision of the State of Florida, (hereinafter referred to as
"Purchaser").
WITNESSETH
WHEREAS, Seller is the owner of that certain parcel of real property (hereina~er
referred to as "Property"), located in Collier County, State of Florida, and being more
particularly described as:
Tract "D" of Roberts Ridge, a subdivision recorded in Plat Book 25,
Page 100 and 101, of the Public Records of Collier County, Florida
Subject to easements, restrictions, and reservations of record.
WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions
and other agreements hereina~er 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 padies hereina~er set forth and the sum of Ten Dollars ($10.00), the
receipt and sufficiency of which is hereby acknowledged, it is agreed as follows:
I. AGREEMENT
1.01 In consideration of the purchase price and upon the terms and conditions
hereinafier set forth, Seller shall sell to Purchaser and Purchaser shall purchase from
Seller the Property, described above.
II. PAYMENT OF PURCHASE PRICE
2.01 The purchase price (the "Purchase Price") for the Property shall not be less than
SIX HUNDRED THOUSAND and NO/100 DOLLARS ($600,000). The PURCHASE
PRICE shall be SIXTY-EIGHT THOUSAND, ONE HUNDRED EIGHTY TWO DOLLARS
AND NO/100 ($68,182) per acre for the 8.8 acres within Tract "D" as determined by a
survey previously obtained by the Seller. The Purchase Price shall be paid in U.S.
Currency and shall be payable at time of closing.
II1. CLOSING
3,01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of
the transaction shall be held after September 30, 1999, following execution of this
Agreement by the Purchaser but not later than November 30, 1999, untess 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 A Trustee's 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. No
HAY 111999
......... po. /J/L
3.0112 Mechanics Lien and Possession Affidavit.
3.0113 Combined Purchaser-Seller closing statement.
3.0114 A "non-foreign person affidavit" as required by Section 1445 of the
internal Revenue Code.
3.0115 A W-9 Form, "Request for Taxpayer Identification and Certification" as
required by the Internal Revenue Service.
3,0116 Such instruments as may be required by the title insurance
underwriter in order to insure the "gap" and issue the policy contemplated by
the title insurance commitment.
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.
3.0122 Funds payable to the Seller representing the cash payment due at
Closing in accordance with Article III hereof, shall be subject to adjustment for
prorations as hereinafter set fodh.
3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at
its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating '
to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida
Statutes, and the cost of recording any instruments necessary to clear Seller's title to
the Property. The cost of the Owner's Form B Title Policy, issued pursuant to the
Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost
of the title commitment shall be paid by Seller.
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. REC~UIREMENTS AND CONDITIONS
4.01 Upon execution of this Agreement by both parties or at such other time as
specified within this Article, Purchaser and/or Seller, as the case may be, shall perform,
the following within the times stated, which shall be conditions precedent to the Closing; '
4.011 Within fifteen (15) days after the date hereof, Seller shall furnish to Purchaser
as evidence of title an ALTA Commitment for an Owners Title Insurance Policy
(ALTA Form B-1970) covering the Property, issued by Attorneys' Title Insurance
Fund, Inc., or Chicago Title, together with hard copies of all exceptions shown
thereon. Purchaser shall have thirty (30) days, following receipt of the title
insurance commitment, to notify Seller in writing of any objection to title other than
liens evidencing monetary obligations, if any, which obligations shall be paid at
closing. If the title commitment contains exceptions that make the title
unmarketable, Purchaser shall deliver to the Seller written notice of its intention to
waive the applicable contingencies or to terminate this Agreement.
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. If any objections to title exists, and upon notification by the
Purchaser of such objections, Seller shall have thirty (30) days to remedy any
defects in order to convey good and marketable title, except for liens or monetary
obligations which will be satisfied at Closing. Seller, at its sole expense, shall use
its best efforts to make such title good and marketable. In the event Seller is unable
to cure said objections within said time period, Purchaser, by providing written
notice to Seller within two (2) days after expiration of said thirty (30) day period,
MAY 111999
may accept title as it then is, waiving any objection; or Purchaser may terminate the
Agreement. A failure by Purchaser to give such written notice of termination within
the time period provided herein shall be deemed an election by Purchaser to accept
the exceptions to title as shown in the title commitment.
4.013 Purchaser shall have the option, at its own expense, obtain a current survey of
the Property prepared by a surveyor licensed by the State of Florida. Seller agrees
to furnish any existing surveys of the Property, if any, to Purchaser within thirty (30)
days of execution of this Agreement.
V. APPRAISAL PERIOD
5.01 Purchaser shall have ninety (90) days from the date of this Agreement (Appraisal
Period), to obtain two (2) independent appraisals 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 appraisals, Purchaser shall deliver to the Se~er within thirfy (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.
5.03 Seller acknowledges that if the agreed Purchase Price stated in Paragraph 2.01
exceeds the average of the two (2) independent appraisals, the Purchaser is required to
approve the purchase by an extraordinary vote. If such vote is not obtained, then this
Agreement shall terminate and the parties shall bear their own costs.
VI. INSPECTION PERIOD
6.01 Purchaser shall have one hundred twenty (120) days from the date of this
Agreement, ("Inspection Period"), to determine through appropriate investigation that:
1. Soil tests and engineering studies indicate that the Property can be developed
without any abnormal demucking, soil stabilizatior~ 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.
6.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any
investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection
Period, written notice of its intention to waive the applicable contingencies or to
terminate this Agreement. 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 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.
NAY 11 t999
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
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 1998 taxes, and shall be paid by
Seller.
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 fifteen (15) days of written
notification of such failure, Purchaser may, at its option, terminate this Agreement by
giving written notice of termination to Seller. Purchaser shall have the right to seek and
enforce all rights and remedies available at law or in equity to a contract vendee,
including the right to seek specific performance of this Agreement.
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 pad of Purchaser to be performed,
provided Seller is not in default, then as Seller's sole remedy, Seller shall have the right
to terminate and cancel this Agreement by giving written notice thereof to Purchaser,
whereupon Twenty-Five Thousand Dollars ($25,000.00) shall be paid to Seller as
liquidated damages which shall be Seller's sole and exclusive remedy, and neither
party shall have any further liability or obligation to the other except as set forth in
paragraph 13.01 hereof. The par~ies acknowledge and agree that Seller's actual
damages in the event of Purchaser's default are uncertain in amount and difficult to
ascertain, and that said amount of liquidated damages was reasonably determined
by mutual agreement between the parties, and said sum was not intended to be a
penalty in nature.
10.03 Should any litigation or other action be commenced between the parties arising
out of this Agreement, the prevailing party in such litigation or other action shall be
entitled, in addition to such relief as may be granted, to an award of a reasonable sum
for its attorney's fees, paralegal charges and all fees and costs to include
investigations, trials, appeals, post judgment proceedings and bankruptcies; which sum
may be determined by the court or in a separate action brought for that purpose.
10.04 The parties acknowledge that the remedies described herein and in the other
provisions of this Agreement provide mutually satisfactory and sufficient remedies to
each of the parties, and take into account the peculiar risks and expenses of each of
the parties.
XI. SELLER'$ AND PURCHASER'S REPRESENTATIONS AND WARRANTIES '.
11.01 Seller and Purchaser represent and warrant the following:
11.011A Seller is the owner of the Property in fee simple.
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 Agenda ~ ~"""'
contemplated hereby, All necessary authorizations and approvals have been
HAY 111 99
obtained authorizing Seller and Purchaser to execute and consummate the
transaction contemplated hereby. At Closing, cedified copies of such approvals
shall be delivered to Purchaser and/or Seller, if necessary.
11.013 The warranties set fodh in this paragraph shall be true on the date of this
Agreement and as of the date of Closing. All representations and warranties shall
survive the closing.
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 bc~en 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 has no knowledge that storage tanks for gasoline or
any other substances are or were located on the Property at any time during or prior
to Seller's ownership thereof. Seller represents none of the Property has been used .
as a sanitary 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, constructlop. advertising, management, leasing, employment,
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 or
requirements, formal or informal, existing or pending or threatened which affects the ...........
Property or which actversely affects Seller's ability to perform hereunder; nor is there ~ ~
HAY 111999
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 authorities having jurisdiction of the development of the
property which may restrict or change any other condition of the Property.
11.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter
called the "Closing Representative Statement") reasserting the foregoing
representations as of the Date of Closing, which provisions shall survive the
Closing.
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. 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 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, except as provided
in Paragraph 6.03.
XII. NOTICE~
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: Real Property Management Department
Administration Building
3301 Tamiami Trail East
Naples, Florida 34112
With a copy to: Heidi F. Ashton, Assistant County Attorney
Office of the County Attorney
Administration Building
3301 Tamiami Trail East
Naples, Florida 34112
If to Seller: Roberts Family Trust
c/o Dallas Townsend
P. O. Box 1110
Immokalee, Florida 34143
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, "~'e'~
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.
XIll. REAL ESTATE BROKERS
13.01 The Seller acknowledges that Gulf Citrus Ropedies, Inc. has been engaged as
the sole real estate broker and that any and all brokerage commissions or fees earned
by Gulf Citrus Properties, Inc. 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. The Seller will accept
no responsibility for brokerage commissions or fees incurred through the actions of the
Purchaser.
XIV. MISCELLANEOUS
14.01 This Agreement may be executed in any manner of counterparts which 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' --Decific instance to which it is related
and shall not be deemed to be a continuing or: Jre waiver as to such provision or a
waiver as 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 "offer" to purchase represented by
this Agreement is subject to acceptance and approval by the Board of County
Commissioners of Collier County, Florida.
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 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.
IN WITNESS WHEREOF, the parties hereto set fodh their hands seals.
Dated Project/Acquisition Approved by
BCC:
AS TO PURCHASER:
DATED:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
BY:
, Deputy Clerk PAMELA S. MAC'KIE, Chairwoman
AS TO SELLER:
DATED:
WITNESSES:
FIRST WITNESS (Signature) MARY E. GIDDENS, TRUSTEE
(Print Name)
SECOND WITNESS (Signature)
(Print Name)
FIRST WITNESS (Signature) JOHN DALE GALLAGHER, TRUSTEE
(Print Name)
SECOND WITNESS (Signature)
(Print Name)
FIRST WITNESS (Signature) PHILLIP C. SHERROD, TRUSTEE
(Print Name)
SECOND WITNESS (Signature)
(Print Name)
Approved as to form and
legal sufficiency:
_,__,,
Heidi F. Ashton
MAY f f{999
EXECUTIVE SUMMARY
RECOMMENDATION THAT THE BOARD AUTHORIZE THE OFFICE OF
THE COUNTY ATTORNEY TO WORK JOINTLY WITH THE CLERK OF
THE CIRCUIT COURT TO TAKE ALL APPROPRIATE ACTION TO
RECOVER ANY MONIES OWED TO THE COUNTY BY SOUTHWEST
FLORIDA DRAMA, INC. OR OTHER ENTITIES OR PERSONS AS A
RESULT OF THE GRANT OF .TOURIST TAX FUNDS FOR THE EPIC
DRAMA PROPOSAL.
~ For the Board to authorize the Office of the County Attomey to work
jointly with the Clerk of the Circuit Court to take all appropriate action to recover any monies
owed to the County by Southwest Drama, Inc. or other entities or persons as a result of the grant
of tourist tax funds for the Epic Drama proposal.
CONSIDERATIONS: The Office of the County Attomey and the Clerk of the Circuit
Court are reviewing the records to determine if any of the tourist tax money granted for the Epic
Drama proposal may be subject to recovery by the County. Accordingly, the Office of the
County Attomey requests authorization from the Board to work jointly with the Clerk to take all
appropriate action to recover any monies owed to the County in this regard.
FISCAL IMPACT: Unknown at this time.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: To authorize the Office of the County Attomey to work jointly
with the Clerk of the Circuit Court to take all appropriate action to recover any monies owed to
the County by Southwest Florida Drama, Inc. or other entities or persons as a result of tourist tax
funds granted for the Epic Drama proposal.
Michael W. PeRit
Assistrot Co~ ARomey
SAY 11 1999
1 pg, I
Dwight Brock, Clerk
15av"id C. Weige'r"
County Attomey
NAOG, EN~.AgEM'
HAY 11 1999
EXECUTIVE SUMMARY
APPOINTMENT OF MEMBER(S) TO THE HEALTH FACILITIES AUTHORITY
OBJECTIVE: To appoint two members to serve four year terms on the Health Facilities
Authority.
CONSIDERATIONS: The Health Facilities Authority is a 5 member authority created by
County Ordinance in 1979 pursuant to Chapter 154, Part III, Florida Statutes as a governmental
bode authorized to issue bonds to finance qualifying health care projects. Members of the
Authority must file Form 1 Financial Disclosure statements as required by law. Terms are for
four years. A list of the current membership is included in the backup.
There are currently two vacancies due to term resignations of Pamela M. Cox and Richard L.
Klaas. A press release was issued and resumes were received from the following two interested
citizens:
APPLICANT
Pamela M. Cox - requesting re-appointment
Edward J. Oates, Jr.
COMMITTEE RECOMMENDATION: Pamela M. Cox - re-appointment
Edward J. Oates, Jr. - new appointment
FISCAL IMPACT: NONE
GROWTH MANAGEMENT IMPACT: NONE
RECOMMENDATION: That the Board of County Commissioners consider the
recommendation for appointment and appoint two members to serve four year terms and direct
the County Attorney to prepare a resolution confirming the appointments.
Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners
Agenda Date: MAY 11, 1999
03,'31,'99 wED 19:38 F.~ 9415981161 DONALD A PICKW0RTI] PA ~ 004
MEMORANDUM
Date: March 31, 1999
To: Sue Filsom. Administrative Assistant
Board of Cou=ty Commissioners
Re: Health Facilities Authority-Appoimments
You have received two resumes for the two appointments. Ms Cox is a current member of thc
Authority and desires to be re-appointed..Mr. Oates has be~n a member of~e Au~oriL'y in the
past and desires to be appointed. ,Mr. Klaas, whose tern: has expired, does not wish to bc re-
appointed.
I recommend the appointment of both of these individuals.
Health Facilities Authority
]Va.te libra Pho.e Appt'd E.~7.Date Term
Ho.te Pho.e DateRe-appt 2.dE. xT~Dttte 2rid Term
Robert V. Peacock 2e3-7721 06 16/98 06 ~15 02 4 Years
2149 Pinewoods Circle 261-4787
Naples. FL 34105 '-'
District: 2
Categor3':
Pamela M. Cox 261-2554 09 27/94 09j19 98 !'fears
3024 Round Table Court 774-1449
Naples, FL 34112
District:
Cutegot3':
Charles Konigsberg 774-8210 0616,'98 06'15.02
3301 E. Tamiami Trail 4 Years
Naples. FL 34112
District:
Categon.': Health Dept. Director
Mike Davis 643-1777 06 '16/98 06'1502 J. Years
6120 18th A. venue. S.\V. 455-2818
Naples. FL 34116
District: 3
Category:
Richard L. Klaas 434-0002 09 27/94 09.19 98 .t Years
4380 Gulfshore Boulevard North
Naples. FL 34103
District:
Category:
This 5 member authority was created on Novemiser 20, 1 ~c79. by Ordinance No 79-95 in
accordance with Chapter 154 of the Florida Statutes. The purpose of the authority is to assist
health facfiities in the acquisition, construction. financing and re~nancing of projects in any
corporated or unincorporated area within the geographical limits of Collier County. MemSers are
subject to filing a Financial Disclosure Form 1 annually with the Supervisor of Elections
Quali~caticns: County Resident, 18 years of age. Terms are 4 years.
PLAY 1 I 1999
FL STA T: Chapter 154
£ta/~' Donald A. Pickworth, AttoFney: 263-8060 , ~.,
...... ...... . ......_ ..... ......: ........ ............................... J__O...,.ENDA
Tuesday, March 3ft. 1999 Page I of I
pg.
, ,
MEMORANDUM
2,2 ·
DATE: February 22, 1999
TO: Vinell Hills, Elections Office
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.
HEALTH FACILITIES AUTHORITY COMMISSION DISTRICT
Pam Cox
3024 Round Table Court
Naples, FL 34112
Edward J. Oates, Jr.
2935 Bellflower Lane
Naples, FL 34105
Thank you for your help.
MEMORANDUM
DATE: February 22, 1999
TO: Donald A. Pickworth
5811 Pelican Bay Blvd., Suite 210
Naples,, FL 34108 antf'j"'q
i
RE: Health Facilities Authority
As you 'know, w'e currently have vacancies on the above-referenced advisory committee. A press
release was issued requesting citizens interested in serving on this committee to submit a resume for
consideration. I have attached the resumes received for your review as follows:
Pam Cox
3024 Round Table Court
Naples, FL 34112
Edward J. Oates, Jr.
2935 Bellflower Lane
Naples. FL 34105
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. If you have any questions, please call me at 774-8097.
Thank you for your attention to this matter.
i999
.
FE8-19 99 16:0~ FROM:M~NORC~RE N~PLES 4~0 941-~5-5~48 T0:~4~60~ P~GE:01
M,'mqrC,pe H,"-Ith .~rvit~, Inc. ~
36()1 I.~kev,.~.:d. gN, d
,: ManorCare
(94 77~-7757
(94 l l 775-5248 Fax Health Services
NurMng & Rghab
February 19.
Board of County Commissioners
Art,',.: Sue Filson
County Adn,irtisl ral iota Center
3301 East 'ra ,n ia ,hi Trail
Naples, FL 34112
Dear Nis. F'ilson:
Please ac,:epl Ibis letter a~; my request to be re-appointed to the Health Facilities
.-Xul horil x: . NIx curten! term expired on September .'19. 1998. 1%13' resume is
attached for your review.
I }mx'e e.jo)ed ntv participation with the .4. ut.hori t y, and believe I have 'been a
valuable mcmb,_'r. NIx,, healthcare background is certainly an asset.
Please let me know if you have any questio.s, or need additional information.
~" NtG.~
A ND 'iT M
No. .
f. IAY ~, 1 1399~
FEB-19 99 16:02 FROM: MANORCARE NAPLES 420 941-775-5e48 TO: 7743602 PAGE:
R E S U M E
Pamela M. Cox
3024 Round Table court
Naples, FL 34112
(941 ) 774-1440
EDUCATION
University of' Southwestern Louisiana, Lafayette, Louisiana
Graduated: 1974 Degree: Bachelor of Arts, Social Work
Nova University, Fort Lauderdale, Florida
Graduated December 1984 Degree: Mastel' of Science, Counseling Psychology
WORK EXPERIENCE
ManorCare Health Services - Naples December 1998 to Present
.lob Title- Administrator
Harborside Healthcare - Naples April 1085 to December 1998
.lob Title: Administrator
COMMUNITY INVOLVEMENT
Collier County Schocfi Board Member
Elected September 1994/Re-elected, September 1998
Leadership Collier
Class of 1000
Zonta Club of Naples
,Men~ber since 1983 (Past President)
East Naples Civic Association
(Past Board Member)
Member since 1990
AWARDS
A G E N/~ETIff
No.
Zonta ('lub of Naples
Woman Achiever oflhe Yea/'- 1089 [vi ,Y ! T 99
Harborside Healthcare pg.
Adminislrator of the Year- 1990
Who's Who of American Business Leaders
· A ND
Inducted in 1091
No,
Florida I lcalth Care Association ~,. ,.. _ .
Administrator of the Year - 1006
MEMORANDUM
DATE: May 5, 1999
TO: Board of County Commissioners
FROM: Timothy J. Constantine, Vice Chairman
RE: Agenda Item For May 11, 1999
One of my appointment to the Ad Hoc Committee on Growth Management of Rural
Fringe, Whit Ward, is leaving our community and will be unavailable to complete his
service on this committee.
John Wiseman has been attending the meetings and has an interest in filling Mr. Ward's
slot. I believe he is an appropriate replacement for the short duration of the committee
and ask the Board to make his position official via vote.
T~~~anin~'~iC~airman
TJC:sf
EXECUTIVE SUMMARY
RECOMMENDATION TO DECLARE A VACANCY ON THE PUBLIC VEHICLE ADVISORY
COMMITTEE
OBJECTIVE: To declare a vacancy on the Public Vehicle Advisor5.' Committee and to direct staff to
issue a press release soliciting resumes in an effort to fill the vacant position.
CONSIDERATIONS: Ordinance No. 92-42, Section 4, 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 mav 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
for 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 bv the
Commission. B. In the event that any Board member is absent from two consecutive Board meetings
without a satisfactory excuse acceptable to the Board chairman. the Board chairman shall state such
fact at the next regularly scheduled Board meeting and shall thereafter noti~', in writing, the
Administrative Assistant 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 si~all declare the Board member's position to be vacant if the Commission
concurs that the Board member was absent from t~vo 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 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 75% of the meetings.
Attached is a letter dated April 26, 1999 from Patricia M. Baisley, Chairman of the committee
advising that John Dougherty has had several unexcused absences and requesting that the Board of
County Con-krnissioners declare a vacancy on the committee and direct staff to advertise to fill the
vacancy.
FISCAL IMPACT: NONE
GROWTH MANAGEMENT IMPACT: NONE
RECOMMENDATION: That the Board of County Commissioners consider the recommendation to
declare a vacancy 8n the Public Vehicle Advisory Committee and direct staff to issue a press release
soliciting new members. It is also recommended that if the position is declared vacant, the Board of
County Commissioners direct the County Attorney to prepare a resolution declaring the position
vacant.
'/"' AGENDA 'iTEH "
Prepared By: Sue Filson, Administrative Assistant No./?'f ~
Board of County Commissioners
NAY 11 1999
Date: May I1, 1999
Patricia M. Baisley
2725 70th Street
Naples, FL 34105
April 26, 1999
Board of County Commissioners
3301Tamiami Trail E.
Naples. Florida 34112
Attn: Sue Filson, Administrative
Dear Mrs. Filson:
As chairman of the Public Vehicle Advisory Committee, it
is my dutS- to notify you of unsatisfactory absences on the
Board. Please be advised that Mr. John Doughert}' has had
several unexcused absences. therefore. I am requesting his
position on this board be declared vacant and the appropriate
notice to the public of that vacancy be given.
Attached is a copy of the attendance record reflecting
Dougherty's attendance.
Thank 5'ou for }'our assistance.
Sincerely ~-ours,
Patricia M. Baisley
Public Vehicle Advisory Committee
Attachment
NAY !1 999
pg._ ~
Public Vehicle Advisory Committee
""" D~rk Phone Appt'd Exp. Date Term
Nalne Home Pho.e DateRe-appt 2ndE. xpDate 2.d Ter.t
Thomas \V. Lugfin 598-3300 06.'04,/96 09/02 ?96 Months
42 NIentor Drive 9/2/97 09/02 01 4 Years
Naples. FL 34110
District: 5
GategoD': Affiliated
Jotm Dougherty 353-8294 09'02/'97 09.02.00 3 Years
2068 51st Street. S.\V. 455-5555
Naples, FL 34116
District: 3
Gategore.': Alternate/Affiliated
Bryan L. S. Pease 261-5151 06/04/96 09/02 96 Months
13~3 \Vildv,'ood Lakes Blvd. 6/4/96 09.'02 00 4 Years
Naples. FL 3410.-,
District: 3
Categom.': Affiliated
Patricia .XI. Baislev 252-1212 06,'08/93 09'02 96 3 Years
_/__ 70th Street. S.\V. 649-0468 10/8/96 09/0200 4 Years
'~'- Naples. FL 34105
District: ~
CaregoD': A ffi l i ate d
Anthonv P. Tesauro 252-0040 02/04,'97 09"02 00 4 Years
16c'1Tm-:le Lake Court. Btdg 3
Naples. FL 34105
District: 2
Caregot3': Non-Affiliated
Clifford Wesley Flekml. Jr. 09/02/97 09/0201 4 Years
"9' Baltusrol 15rive 774-9674
Naples. FL 34113
District: I
Category: Non-Affiliated
H 'ednesday, September 03, ! 997 Page 1 of 2
?999
Public Vehicle Advisory Committee
tl.~grl:: Phone Appt'd E.x:p. Date Ternz
z~,'alne Home Phone DateRe-appt 2ndExpDate 2rid Term
This 5 member and 1 alternate member was created by Ord. No. 86-4 re-established by Ord. 91-
93, amended by Ord. 93-15 and Orcj, 95-66 to review and approve applications for a Certificate to
Operate. taxicab color schemes pursuant to ordinance. and review and make recommendations
to the Public Vehicle Board (BCC) regarding issues re!ated to the motor vehicle for hire business
and regarding alleged violations of Ord. 91-S3. blembership consists of 3 members who must be
holders of Ce~i~cates to Operate a motor vehic'.e for hire company in Collier County, and 2
members who are in no way affiliated or associated with any holder of a certificate. Terms are 4
years.
Staff.' blaria Cruz, Code Enforcement Speciaiist: 403-2414
ll'ednesday, September 03, 1997 Page 2 of 2
MAY i!
EXECUTIVE SUMMARY
RECOMMEND THAT THE BOARD OF COUNTY COMMISSIONERS SIGN THE CERTIFICATION OF ACCEPTANCE FOR THE
STATE OF FLORIDA STOP VIOLENCE AGAINST WOMEN GRANTS PROGRAM SUBGRANT AWARD #99-DV-C1-09-21-
01-009/DOMESTIC VIOLENCE UNIT PROJECT IN THE AMOUNT OF $91,125.
OBJECTIVE: TO gain Board of County Commissioners approval of the Certification of Acceptance
for [he Domestic Violence Unit Project subgrant award.
CONSIDERATION: On January 12, 1999 the Board of County Commissioners endorsed the Sheriff's
Office State of Florida STOP Violence Against Women Grants Program grant application for
second year funding.
On April 13, 1999 the Sheriff's Office received the Department of Community Affairs subgrant
award in the amount of $91,125. Board Certification of Acceptance endorsement and approval
of budget amendments are needed.
FISCAL IMPACT: The Grant award of $91,125 is to be matched by $30,375 in F/Y 1999
Confiscated Trust Fund carryforward. The amendment increases the budget in (115-641011-
881400> by $30,375 from (602-919010-489200). A budget amendment is needed to recognize
additional carryforward and and appropriate funds for this grant.
GROWTH IMPACT: This grant period is for March 1, 1999 to December 31, 1999. Additional
grant funding is being sought for subsequent years. If additional grant funds are not
available, these positions could be absorbed into vacancies within the investigations
~ msion or additional funding would be sought for FY 99/00 for $96 000. If continued
~v
unding is not received, the program would be evaluated and included in subsequent years CCSO
budget request based upon available budget dollars.
RECOMMENDATION: That the Board of County Commissioners approve the CertificaEion of
Acceptance and budget amendments for the subgrant award for the State of Florida STOP
Viclence Against Women Grants Program grant number 99-DV-C1-09-21-01-009.
CERTIFICATION OF CONFISCATED TRUST FUND REQUEST
This request is a legitimate expenditure of Confiscated Trust Funds under Section
932.7055 I4i ia) Florida Statutes to provide matching funds to obtain federal grants.
APPROVED BY:
Don' 'Hung e r, ,! Sh~ r i f f
DATE: Apr i 1 '~'~7' I J1999
jh/a::<sac 99 HAY 11 1999
Pg. ] , .
FILE NO.:
ROUTED TO:
_.'~
DO ~0~ ~ZTS ~OVS ~HZS S~ACB
(~Zease ~e or ~r~a~)
Date: .April 15, 1999
To: Office of the County Attorney Attention: Thomas Palmer, Esq.
From: Crystal K. Kinzel ~l~./' , Finance Director
(Name) (Title)
Sheriff's Office Finance Division
(Division) (Department)
Re: STOP Violence Against Women grant award
(Subject)
BACKGROUND OF REQUEST/PROBLEM:
(Describe problem and give background information - be specific, concise, and
articulate) .
The Sheriff's Office has been awarded a STOP Violence Against Women Grant
(STOP) for second year funding. The Board approved the grant application on
January 12, 1999. Board approval of the award and applicable budget
amendments is needed.
(Are there documents or other information needed to review this matter? If yes, attach
and reference this information).
THIS ITEM HAS/~tAS NOT BEEN PREVIOUSLY SUBMITTED.
(If previously submitted, provide County Attorney's Office file number.)
ACTION REQUESTED:
(Be very specific. Identify exactly what you need in the way of legal services.
Legal approval of request.
Sc
..
f~Z~ COZ~f~8; ITeM
co: Don .utter, she izf MAY 1 ] 199
All requests must be copied to your appropriate Division Head
or Constitutional Officer. )
jh/a: LEST2 pg._?~
State of Florida
Department of Community Affairs
Bureau of Community Assistance
Tallahassee, Florida 32399
CERTIFICATION OF ACCEPTANCE OF SUBGRANT AWARD
The subgrantee, through its authorized representative,
acknowledges receipt and acceptance of subgrant award number
99-DV-C1-09-21-01-009 in the amount of $91,125,
for a project entitled: Domestic Violence Unit Project
for the period of 03/01/99 through 12/31/99, in accordance with
the statement of work contained in the subgrant application, and
subject to the Department of Community Affairs' conditions of
agreement and special conditions governing this subgrant.
(Signature of Authorized Official) (Date of Acceptance)
Pamela S. Mac 'Kie~ Chairwoman.. Collier County Commission
(Typed Name and Title of Official)
As~sta,ut County Attorney
DCA-CJ Form 1 (June, 1989)
State of Florida
Department of Community Affairs
Bureau of Community Assistance
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399
SUBGRANT AWARD CERTIFICATE
Subgrantee: Collier County Board of Commissioners
Date of Award: APR 0 2 i~9S
Grant Period: From: 03/01/99 To:12/31/99
Project Title: Domestic Violence Unit Project
Grant Number: 99-DV-C1-09-21-01-009
Federal Funds: $91,125.00
BGMTF Funds:
State Agency Match:
Local Agency Match: $30,375.00
Total Project Cost: $121,500.00
Program Area: 001
Award is hereby made in the amount and for the period shown above
of a grant under Title I of the Omnibus Crime Control and Safe
Streets Act of 1968, P.L. 90-351, as amended, and the Violence
Against Women Act setout in Title IV of the Violent Crime Control
and Law Enforcement Act of 1994, PL 103-322, to the above
mentioned subgrantee and subject to any attached standard
or special conditions.
This award is subject to all applicable rules, regulations, and
conditions as contained in the Financial and Administrative Guide
for Grants, Guideline Manual 7100.1D, Office of Justice Programs,
Common Rule for State and Local Governments and A-87, or OMB
Circu!ars A-110 and A-21, in their entirety. It is also subject
to such further rules, regulations and policies as may be reasonably
prescribed by the State or Federal Government consistent with the
purposes and authorization of P.L. 90-351, as amended, and
P.L. 103-322.
AGEND ITEM
MAY 11 1999
g
BLI)GET A~MENDN.IENT REQUEST
IForBud.{2et/Finance Use Only
FU'ND TITLE Sheriff's Grants FUND NO. 115 BA~t
Date prepared:4/15/99 J~!~ '
BCC Agenda Date: Attach Executive Summary
(if previously approved) Item No.
TO BCC: YES NO
EXPENSE BUDGET DETAIL
Cost Center Cost Center No. Project Title: STOP Violence Project No.
Title: 641011 Against Women 33269
Sheriff's Grants
Expenditure Increase Current Revised
Object Code Expenditure Title (Decrease) Budget Budget
881400 Contribution 121,500 0 12 1,500
TOTAL: 121,500
REVENUE BUDGET DETAIL
Cost Center Cost Center No. Project Title: STOP Violence Project No.
Title 929020 Against Women 33269
Transfer
Revenue Increase Current Revised
Object Code Revenue Title (Decrease) Budget Budget
331240 Grant 91,125 0 91,125
481602 Transfer 30,375 0 30,375
TOTAL: 121,500
EXPLANATION
Why are funds needed?
To fund the STOP Violence Against Women Program from 3/1/99-12/31/99
Were are funds available?
Department of Justice and the Confiscated Trust Fund
REVIEW PROCESS
DATE
Cost Center Director:
Division Administrator:
Budget Department:
Agency Manager: .... -. 4/15/99
- ? :. ,..! Don Hunter, Sheriff
Finance Department: ~,.
Clerk of Board Admin.:
Input by:
B .A. No.:
a: I 15stop2
BUDGET AMENDI~IENT REQUEST
For Budsoct/Finance Use Only
FUND TITLE Confiscated Trust FUND NO. 602 BA# c/~ o q
JE# ' '
Fund B2hgat' '
Date prepared: 4/15,/99 Attach Executive Summary A.V.n. Da'SiiT'e__'_
BCC Agenda Date: Item No. q'o Bcc: vv.s NO
(if previously approved)
EXPENSE BUDGET DETAIL
Cost Center Title Cost Center No. Project Title: Project No.
INTERFUND
TRANSFER 929020
Expenditure Increase Current Revised
Object Code Expenditure Title (Decrease) Budget Budget
911150 Transfer to other 30,375 428,159 458,534
Funds
I ~
TOTAL: 30,375
REVENUE BUDGET DETAIL
Cost Center Cost Center No. Project Title: Project No.
Title Reserves 919010
Revenue Object Increase Current Revised
Code Revenue Title (Decrease) Budget Budget
489200 Carryforward 30,375 1'34,267 .164,642
TOTAL: 307375
EXPLANATION
Why are funds needed?
To provide matching funds for the STOP Violence Against Women grant for 3/1/99o12/31/99.
Where are funds available?
In Confiscated Trust Fund carryforward.
REVIEW PROCESS
DATE
Cost Center Director:
Division Administrator:
Budget Department:
Agency Manager:
"""~-~'~';"':"'~ '7, -'i ~
,., ~, ~ Don Hunter, Sheriff 4/15/99
Finance Department: i
Clerk of Board Admin.: .... ~
Input by:
B.A. No.:
JH/A:602slop2
EXECUTIVE SUMMARY
R-99-04, RICHARD D. YOVANOVICH OF GOODLETTE, COLEMAN & JOHNSON, P.A.,
REPRESENTING NAPLES DINNER THEATER ASSOCIATES, LTD., REQUESTING A
REZONE FROM C-1 TO C-3 FOR PROPERTY LOCATED ON THE NORTH SIDE OF
PIPER BOULEVARD IMMEDIATELY WEST OF CYPRESS WAY, FURTHER DESCRIBED
AS BLOCK B, PALM RIVER ESTATES UNIT 4, IN SECTION 23, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTINGOF .77+/-
OBJECTIVE:
This petition seeks to have certain property currently zoned C-1 rezoned to the C-3 zoning
classification.
CONSIDERATIONS:
The property lies on the N.W. comer of Pipers Boulevard and Cypress Way East.
The current use of property constitutes a legal non conforming use (i.e. dinner theater). The use of
these premises were abandoned some 20 months ago legally making it impossible to reopen the dinner
theater without an action to fezone the property to a zoning district which permits dinner theaters. The
C-3 zoning district permits dinner theaters. The petitioner advised that they wish to reopen the dinner
theater. However, as in all such similar cases all of the uses in the C-3 zoning district would be
allowed.
2.2.14.2.1 Permitted Uses.
1. Unless otherwise provided for in this section, all permitted uses of the C-2 commercial
convenience district.
2. Apparel and accessory stores (groups 5611-5699).
3. Auto and home supply stores (5531).
4. Automotive services (7549).
5. Business services (groups 7311, 7313, 7322-7338, 7361-7379, 7384, 7389 except auctioneefing
service, field warehousing, bottle labeling, packaging and labeling, salvaging of damaged
merchandise, scrap steel cutting and slitting).
?"' 6. Eating places (5812 only). All establishments engaged in the retail sale of al, onoiililh~,l, ii~
for on-premise consumption are subject to locational requirements of section 2 6.1
MAY l l 1999
1
7. Food stores (groups 5411-5499).
8. General merchandise stores (groups 5311 - 5399).
9. Group care facilities (category I and II, except for homeless shelters); care units, except for
homeless shelters; nursing homes, assisted living facilities pursuant to 400.402 F.S. and ch.
58A-5 F.A.C.; and continuing care retirement communities pursuant to 651 F.S. and ch.4-193
F.A.C.; all subject to section 2.6.26.
10. [Reserved]
11. Home furniture, fumishing, and equipment stores (groups 5712-5736).
12. Libraries (8231).
13. Marinas (4493), subject to section 2.6.22.
14. Membership organizations (8611-8699).
15. Miscellaneous repair services (groups 7629-7631 ).
"' 16. Miscellaneous retail (groups 5912-5963 except pawnshops and building materials, (5992-
5999).
17. Museums and art galleries (8412).
18. Nondepository credit institutions (groups 6111-6163 ).
19. Paint, glass and wallpaper stores (5231 ).
20. Personal services (groups 7211, 7212, 7215, 7216 nonindustrial dry cleaning only, 7221-7251,
7291).
21. Public administration (groups 9111-9199, 9229, 9311, 9411-9451, 9511-9532, 9611-9661).
22. Retail nurseries, lawn and garden supply stores (5261).
23. Veterinary services (groups 0742, 0752 excluding outside kenneling).
24. Videotape rental (7841).
25 United States Postal Service (4311 except major distribution centers).
26. Any use which was permissible under the prior GRC zoning district and whi,:
existing prior to the adoption of this code. No./~-
11 1999
27. Any other general commercial use which is comparable in nature with the foregoing uses
including buildings for retail, service and office purposes consistent with the permitted uses and
purpose and intent statement of the district.
$URROUDING LAND USE AND ZONING:
Existing: The property is developed in its entire consisting of a Dinner Theater and
supporter parking facilities. The property is zoned Col.
Surrounding: South - To the south lies Piper Boulevard, the Immokalee canal,
and Immokalee Road. The south side of Immokalee
Road is a Commercial PUD (i.e. Greentree Shopping
Center.
East- To the east lies Cypress Way East Road and the Piper
Medical Center, which is zoned PUD. Also east of the
subject property lies the Sharondale Condominium
multiple family housing project. This property is zoned
RMF-16.
North- To the north lies an assisted living facility on property
zoned C-1.
The property is located in Urban Area and more specifically within an area designated Mixed Use
Activity Center which authorizes all manner of commercial development from C-1 to C-5. A rezoning
action to C-3 will be consistent with the FLUE to the GMP.
For all purposes the rezoning of this property will not result in a new development activity, nor change
the requirement for compliance with applicable provisions of the Land Development Code. The site is
developed in its entirety, therefore, most consistency requirements are simply not applicable, except
that any subsequent physical modification to the site will have to comply with applicable LDC
requirements.
Relative to traffic element consistency relationships there will be no increase in site generated traffic
since the use is not intended to change.
It should be noted that the C-3 zoning district will allow other more intensive commercial uses. For
example, if the site were redeveloped as a specialty retail center, the ITE Trip Generation Manual
indicates that this use will generate approximately 223 to 300 trips per day (AAST). As a result, the
difference in site generated trips from the dinner theater versus a possible retail center is insignificant.
Based on this analysis, the site generated traffic will not exceed the significance test standard (5
percent of the LOS "C" design volume_ on CR-846. In addition, this project will not lower the level of
service below any adopted LOS "D" standard on any state or county road within the project's radius of
development influence (RDI). Therefore, this project is deemed consistent with Policies 5.1 a~idbi ~
the Traffic Circulation Element (TCE). ~ e~._,/,,~.C/~. {
{ b:,.?.',' 11 1999
3
Compatibility_ - The Naples Dinner Theater has been in existence since 1975. Collier County zoning
laws authorized the establishment of this use. Staff cannot explain why the use was made non
conforming or why the property was zoned to theC-1 classification when clearly the use was not
consistent with that classification. In the opinion of staff the Dinner Theater represents the more
intensive uses listed in the C-3 zoning classification, therefore, the concern that the building may be
converted to some other C-3 use does not pose any greater compatibility problem. The subject
property will be surrounded with C-1 zoning which forms an appropriate transition to the contiguous
residential areas. The nearest residential development is the Sharondale multiple family condominium
project which has coexisted with the Naples Dinner Theater for many years. In the opinion of staff
rezoning the property to C-3 given its de facto C-3 zoning intensity should not increase the likelihood
that a successor use will be incompatible with adjacent properties.
The Planning Commission heard this petition April 15, 1999 and by a unanimous vote they
recommended approval of this petition. Mr. James Siesky representing the adjacent nursing home
facility objected to this petition as requested indicating they would like the zoning to remain C-1 but to
allow the .Dinner Theater as well.
FISCAL IMPACT:
This rezoning action should have no fiscal impact inasmuch as no new development is intended,
however, in the long run if this is approved as requested the property may be redeveloped. The County
collects impact fees prior to the issuance of building permits to help off-set the impact of each new
development on public facilities. These impact fees are used to fund projects in the Capital
Improvement Element needed to maintain adopted levels of service for public facilities. In the event
that impact fee collections are inadequate to maintain adopted levels of service, the County must
provide supplemental funds from other revenue sources in order to build needed facilities.
GROWTH MANAGEMENT IMPACT:
Petitions deemed to be consistent with all provisions of the Growth Management Plan can not have an
impact on the Collier County Growth Management Plan. This petition was reviewed for consistency
and was found to be consistent with all provisions of the Growth Management Plan.
In view of the consistency findings staff finds that there is no negative or other adverse impact
resulting form the adoption of this petition.
Development permitted by the approval of this petition will be subject to a concurrency review under
the provisions of the Adequate Public Facilities Ordinance No. 90-24 at the earliest or next to occur of
either final SDP approval, final plat approval, or building permit issuance applicable to this
development.
HISTORIC/ARCHAEOLOGICAL IMPACT:
Staffs analysis indicates that the petitioner's property is located outside an area 0' ~4~t,-:42c2! ~-~-
Archaeological Probability or known archaeological site as designated on the officia aoll
Probability Map. Properties with a low potential for historic or archaeological artifact,, m
4 N AY 1t 1999
a waiver from the Historic & Archaeological Survey and Assessment requirement. Such a request was
made and approved subject to a provision that any accidental find during the construction phase would
stop all construction.
PLANNING COMMISSION RECOMMENDATION:
The Collier County Planning Commission recommends approval of Petition R-99-04 as described by
~theXJhlinance of Adoption.
PREPARFT9,
PLANNING SERVICES MANAGER
VIEWED BY:
ROBERT~I. MULItERE, AICP DATE
PLANNING SERVICES DEPARTMENT DIRECTOR
R-99-04 EX SUMMARY/MK
AGE. hN)A
s MAY 11 1999
P&._ ~
AGENDA ITEM 7-F
ORANDUM
TO: CO [')?-c3 t ~u h { 3 COMMISSION
FROM: COl ' &ENVIRONMENTAL SERVICES
DATE: APR,., v, i~,v~
RE: PETITION NO: R-99-04 NAPLES DINNER THEATRE
OWNER/AGENT:
Agent: Mr. Richard D. Yovanovich
Goodlette, Coleman & Johnson, P.A
4001 Tamiami Trail North, Suite 300
Naples, FL 34102
Owner: Naples Dinner Theatre Associates Ltd.
985 Agua Circle
Naples, FL 34102
"" (See application for ownership characteristics)
REQUESTED ACTION:
This petition seeks to have certain property currently zoned C-1 rezoned to the C-3 zoning
classification.
GEOGRAPHIC LOCATION:
The property lies on the N.W comer of Pipers Boulevard and Cypress Way East. (See location Map
on following page.) .
PURPOSE/DESCRIPTION OF PROJECT:
The current use of the property constitutes a legal non conforming use (i.e. dinner theatre). The use
of these premises were abandoned some 20 months ago legally making it impossible to reopen the
dinner theatre without an action to rezone the property to a zoning district which permits dinner
theatres. The C-3 zoning district permits dinner theatres. The petitioner adviser that they wish to
reopen the dinner theatre. However, as in all such similar cases all of the uses in
district would be allowed.
1
MAY 11 1999
2.2.14.2.1. Permitted uses.
1. Unless otherwise provided for in this section, all permitted uses of the C-2 commercial
convenience district.
2. Apparel and accessory stores (groups 5611--5699).
3. Auto and home supply stores (5531 ).
4. Automotive services (7549).
5. Business services (groups 7311, 7313, 7322--7338, 7361--7379, 7384, 7389 except
auctioneering service, field warehousing, bottle labeling, packaging and labeling,
salvaging of damaged merchandise, scrap steel cutting and slitting).
6. Eating places (5812 only). All establishments engaged in the retail sale of alcoholic
beverages for on-premise consumption are subject to locational requirements of
section 2.6.10.
7. Food stores (groups 5411--5499).
8. General merchandise stores (groups 5311 --5399).
9. - Group care facilities (category I and II, except for homeless shelters); care units,
except for homeless shelters: nursing homes; assisted living facilities pursuant to §
400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care retirement communities
pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all subject to section 2.6.26.
10. [Reserved.]
11. Home furniture, furnishing, and equipment stores (groups 5712--5736).
12. Libraries (8231).
13. Marinas (4493), subject to section 2.6.22.
14. Membership organizations (8611--8699).
15. Miscellaneous repair services (groups 7629--7631 ).
16. Miscellaneous retail (groups 5912--5963 except pawnshops and building materials,
5992--5999).
17. Museums and art galleries (8412).
AGENDA ITEM
18. Nondepository credit institutions (groups 6111--6163). ~'/~'~;~ [
19. Paint, glass and wallpaper stores (5231 ).
20. Personal services (groups 7211.7212.7215.7216 nonindustrial dry cleaning only,
7221--7251, 7291).
21. Public administration (groups 9111--9199., 9229, 93 11, 9411--9451, 9511--9532,
9611 --9661 ).
22. Retail nurseries, lawn and garden supply stores (5261).
23. Veterinary services (groups 0742, 0752 excluding outside kenneling).
24. Videotape rental (7841 ).
25. United States Postal Service (4311 except major distribution centers).
26.. Any use which was permissible under the prior GRC zoning district and which was
lawfully existing prior to the adoption of this code.
27. Any other general commercial use which is comparable in nature with the foregoing
uses including buildings for retail, service and office purposes consistent with the
~ permitted uses and purpose and intent statement of the district.
SURROUNDING LAND USE AND ZONING:
Existing: The property is developed in its entire consisting of a Dinner
Theatre and supporter parking facilities. The property is zoned
C-1.
Surrounding: South - To the south lies Piper Boulevard, the
Immokalee canal, and Immokalee Road. The
south side of Immokalee Road is a Commercial
PUD (i.e. Greentree Shopping Center).
East - To the east lies Cypress Way East Road and the
Piper Medical Center, which is zoned PUD.
Also east of the subject property lies the
Sharondale Condominium multiple family
housing project. This property is zoned RMF-
16.
North- To the north lies an assisted living facility on
property zoned C-1. r A, GENOA tTEM
3 MkY 11 1999
West- To the west lies an abandoned commercial
structure and some undeveloped land all of
which is zoned C-1.
GROWTH MANAGEMENT PLAN CONSISTENCY:
The property is located in Urban Area and more specifically within an area designated Mixed Use
Activity Center which authorizes all manner of commercial development from C-1 to C-5. A
rezoning action to C-3 will be consistent with the FLUE to the GMP.
For all purposes the rezoning of this property will not result in a new development activity, nor
change the requirement for compliance with applicable provisions of the Land Development Code.
The site is developed in its entirety, therefore, most consistency requirements are simply not
applicable, except that any subsequent physical modification to the site will have to comply with
applicable LDC requirements.
Relative to traffic element consistency relationships there will be no increase in site generated traffic
since the use is not intended to change.
It should be noted that the C-3 zoning district will allow other more intensive commercial uses. For
example, if the site were redeveloped as a specialty retail center, the ITE Trip Generation Manual
indicates that this use will generate approximately 223 to 300 trips per day (AAST). As a result, the
difference in slte generated trips from the dinner theatre versus a possible retail center is insignificant.
Based on this analysis, the site generated traffic will not exceed the significance test standard (5
percent of the LOS "C" design volume) on CR-846. In addition, this project will not lower the level
of service below any adopted LOS "D" standard on any state or county road within the project's
radius of development influence (RDI). Therefore, this project is deemed consistent with Policies 5.1
and 5.2 of the Traffic Circulation Element (TCE).
The TCE lists this segment of CR-846 as a 4 lane arterial road fronting the project. The current
traffic count for this road is 28,299 ADT which results in LOS "B" operation. Consequently, this
project is deemed consistent with Policies 1.3 and 1.4.
HISTORIC/ARCHAEOLOGICAL IMPACT:
The petitioner's property is located outside an area of historic/archaeological probability as
designated on the official Collier County Probability Map. Therefore, no historic, archaeological
survey and assessment is required. The Ordinance shall contain the following information:
1. Pursuant to Section 2.2.25.8.1 of the Land Development code, if, during the course of site
clearing, excavation or other construction activity an historic or archaeological artifact is
""' found, all development within the minimum area necessary to protect the discovery shall
be immediately stopped and the Collier County Code Enforcement Depann[.t
/; I
I¢ ,,v 11 1999
EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE:
The subject petition has been reviewed by the appropriate staff responsible for oversight related to the
above referenced areas of critical concern. This primarily includes a review by the Community
Development Environmental and Engineering staff. and the Transportation Services Department
staff. This petition was administratively reviewed on behalf of the EAB.
ANALYSIS:
Appropriate evaluation of petitions for rezoning should establish a factual basis for supportive action
by appointed and elected decision makers. The evaluation by professional staff should typically
include an analysis of the petitioner's relationship to the community's future land use plan, and
whether or not a rezoning action would be consistent with the Collier County Growth Management
Plan in all of its related elements.
Other evaluation considerations should include an assessment of adequacy of transportation
infrastructure, other infrastructure. and compatibility with adjacent land uses, a consideration usually
dealt with as a facet of analyzing the relationship of the rezoning action to the long range plan for
future land uses.
The most important facet of the rezoning is that it constitutes a legislative statement that authorized
the use of land for a specific development strategy, provided the development of the land can go
forward. It may or may not affect the timing of development because of subsequent permitting
requirements.
Staff completed a comprehensive evaluation of this land use petition and the criteria on which a
favorable determination must be based. This evaluation is intended to provide an objective,
comprehensive overview of the impact of the proposed land use change, be they positive or negative,
culminating in a staff recommendation based on that comprehensive overview. The listed criteria are
specifically noted in Section 2.7.3.2.5. of the Land Development Code thus requiting staff evaluation
and comment, and once approved and/or otherwise modified by the Board of County Commissioners.
Notwithstanding the above, staff in reviewing the determinants for adequate findings to support a
rezoning action advise as follows:
Relationship to Future and Existing 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 of the Collier County Growth Management
Plan.
The land is located within a Mixed Use Activity Center. Preferred uses of land in activity centers is
for commercial land users. There are no intensity thresholds, therefore, the entire range of
commercial zoning districts may be applied. An action to reclassify the land from C-1 to C-3 is
consistent with the FLUE. No other GMP element will be abridged should this petitioz be a~?
s
MAY 11 1999
Nevertheless, it is not sufficient that a petition only need to show constancy with the GMP in order to
justify a rezoning action. Other factors are equally important and include the following:
Compatibility - The Naples Dinner Theatre has been in existence since 1975. Collier County zoning
laws authorized the establishment of this use. Staff cannot explain why the use was made non
conforming or why the property was zoned to the C-1 classification when clearly the use was not
consistent with that classification. In the opinion of staff the Dinner Theatre represents the more
intensive uses listed in the C-3 zoning classification, therefore, the concern that the building may be
converted to some other C-3 use does not pose any greater compatibility problem. The subject
property will be surrounded with C-1 zoning which forms an appropriate transition to the contiguous
residential areas. The nearest residential development is the Sharondale multiple family
condominium project which has coexisted with the Naples Dinner Theatre for many years. In the
opinion of staff rezoning the property to C-3 given its de facto C-3 zoning intensity should not
increase the likelihood that a successor use will be incompatible with adjacent properties.
Timing - There are no issues of timing inasmuch as the property is already developed and is served
by the County 's sewer and water system and is further located in an extensively urbanized area.
Traffic - Approval of this petition will not cause any inconsistency with traffic element policies and
objectives. Access to and from the property will be substantially improved in the near future when
the bridge is completed across the Immokalee canal at Airport Road connecting Piper Boulevard to
Airport Road.
STAFF COMMENTS:
Staff recommends that the CCPC recommend approval of this petition to the Board of County
Commissioners.
STAFF RECOMMENDATION:
That the Collier County Planning COmmission recommend approval of Petition Ro99-4 being a
petition to rezone certain land as described in the Ordinance for Adoption from C-1 to C-3.
AGENDA ITEM
6 No.~
MAY 11 1999
RONAI~D F. NINO, AICP DATE
CURRENT PLANNING MANAGER
REVIEWED BY:
CE DATE
PL I NT DIRECTOR
VINCENT A. CAUTERO, AICP, ADMINIST~TOR DATE
COMMUNITY DEV. AND ENVIRONMENTAL SVCS.
Petition Number R-99-04
Staff Report for the April 15, 1999 CCPC meeting.
COLLIER COUNTY PLANNING COMMISSION:
R-99-04 STAFF REPORT/ts
AGENDA ITEM
so./~/~) /
7
MAY 11 1999
REZONE FINDINGS
PETITION R-99-4
Section 2.7.2.5. of the Collier County Land Development Code requires that the report and
recommendations of the Planning Commission to the Board of County Commissioners shall
show that the Planning Commission has studied and considered the proposed change in relation
to the following, where applicable:
t
1. Whether the proposed change will be consistent with the goals, objectives, and
policies and Future Land Use map and the elements of the Growth Management
Plan.
Pro/Con: Evaluation not applicable.
Summary_ Findings: The proposed development is in compliance with the Future land
Use Element of the Growth Management Plan for Collier County and all other elements.
their objectives and policies.
Companion PUD Findings evaluation as well as the adopted CCPC staff report addresses
this same finding.
2. The existing !and use pattern;
Pro/Con: Evaluation not applicable.
Existing: The property is developed in its entire consisting of a Dinner Theatre
and supporter parking facilities. The property is zoned C-1.
Surrounding: South- To the south lies Piper Boulevard, the Immokalee canal,
and Immokalee Road. The south side of Immokalee Road
is a Commercial PUD (i.e. Greentree Shopping Center).
East - To the east lies Cypress Way East Road and the Piper
Medical Center, which is zoned PUD. Also east of the
subject property lies the Sharondale Condominium
multiple family housing project. This property is zoned
RMF-16.
North- To the north lies an assisted living facility on property
zoned C- 1.
West- To the west lies an abandoned commercial structure and
some undeveloped land all of which is zoned C-1
I
AGENDA ITEM
uo. /;(fl) /
'
MAY 11 1999
,,.
3. The possible creation of an isolated district unrelated to adjacent and nearby
districts;
Pro/Con: Evaluation not applicable.
SummaT Findings: This parcel to be rezoned from one commercial zoning district to
another, and therefore will not result in an isolated district unrelated to adjacent and
nearby districts because development of the land simply implements a part of the GMP
FLUE Urban Designation, an action which is expected given that timing is appropriate.
Availability of adequate infrastructure, and riearby urban development support the timing
relationship and justify the rezoning action.
4. Whether existing district boundaries are i!!ogicaily drawn in relation to existing
conditions on the property proposed for change.
Pro/Con: Evaluation not applicable.
Summary Findings: The district boundaries are logically drawn and is the result of
rezoning actions made permissible under the FLUE to the GMP.
5. Whether changed or changing conditions make the passage of the proposed
amendment necessary.
Pro/Con: Evaluation not applicable.
Summary Findin_~s: The proposed zoning change is appropriate based on the existing
conditions of the property and because its relationship to the FLUE (Future Land Use
Element of the GMP) is a positive one and therefore supports the action to rezone for the
land strategy contained within the PUD.
6. Whether the proposed change will adversely influence living conditions in the
neighborhood;
Pro: (i) The rezoning action will not result in changing the existing use of the
property which the neighborhood has lived with for a very long time.
(ii) Should at sometime in the future the use of the building be changed to
another C-3 use said change would not have any further impact than the
Dinner Theater.
Con: (i) The operation of the dinner Theater may from time to time
inconvenience neighborhood residents.
Summary Findings: The proposed change will not adversely infl'
mel'~.n thi~!~,~
conditions in the neighborhood because the Dinner Theater preceded develo'
area and the neighborhood has become accustomed to this operation.
MAY 11 1999
· ~ i ,
7. Whether the proposed change will create or excessively increase traffic congestion
or create types of traffic deemed incompatible with surrounding !and 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: (i) No construction will be taking place as a result of this action and the
operation will remain the same.
(ii) Analysis finds approval to be consistent with the Traffic Circulation
Element.
Con: (i) From time to time neighborhood residents could be inconvenienced.
Summary Findings: Evaluation of this project took into account the requirement for
consistency with Policy 5.1 and 5.2 of the Traffic Element of the GMP and was found
consistent, which is a statement advising that this project when developed will not
~xcessively increase traffic congestion. Additionally certain traffic management system
improvements are required as a condition of approval (i.e. turn lanes, traffic signals,
dedications, etc.). In the final analysis all projects are subject to the Concurrency
Management system. Connecting Piper Boulevard to Airport Road will substantially
improve traffic conditions associated with the operation of the Dinner Theater.
8. Whether the proposed change will create a drainage problem;
Pro: G) No construction activity is associated with this petition.
Con: (i) Urban intensification has potential to create short term drainage problems
under unusual rainfall conditions.
Summary 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 as a condition of approval. This project
was reviewed for drainage relationships and design and construction plans are required to
meet County standards as a condition of approval. In the event area wide deficiencies
develop, which deficiencies would be further exacerbated by developing vacant land, the
County is required to react through its Concurrency Management system.
9. Whether the proposed change will seriously reduce light and air to adjacent areas;
Pro/Con: Evaluation not applicable.
Summary Findinffs: 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. t p~n sglLr.~A fftM
requirement, corridor management provisions, etc.) were designed to ensure .~
thatN~..ght (
penetration and circulation of air does not adversely affect adjacent areas.
3 MAY l l 1999
10. Whether the proposed change will adversely affect property values in the adjacent
area;
Pro: (i) Adjacent properties are already zoned for optimum usage on the north,
east and west sides while the land use proposed for this development is
similar to existing potential uses and should have no different an effect on
abutting property values than is now apparent by currently authorized land
uses.
Con: (i) None
Summary Findings: This is a subjective determination based upon anticipated results
which may be internal or external to the subject property that can affect property values.
Property valuation is affected by a host of factors including zoning, however zoning by
itself may or may not affect values, since value determination by law is driven by market
value. The mere fact that a property is given a new zoning designation may or may not
affect value. It should be noted however that the development strategy proposed in pan
for the subject property is similar to adjoining land.
11. Whether the proposed change will be a deterrent to the improvement or
development of adjacent property in accordance with existing regulations;
Pro/Con: Evaluation not applicable.
Summary Findines: The basic premise underlying all of the development standards in
the zoning division of the Land Development Code is that their sound application when
combined with the administrative site development plan approval process, gives
reasonable assurance that a change in zoning will not result in a deterfence 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.
Summary Findings: The proposed development complies with the Growth management
Plan, a public policy statement supporting Zoning actions when they are consistent with
said Comprehensive Plan. In light of this fact the proposed change does not constitute a
grant of special privilege. Consistency with the FLUE is further determined to be a
public welfare relationship because actions consistent with plans are in the public interest.
13. Whether there are substantial reasons why the property cannot be used in
accordance with existing zoning;
AGENDA ITEM
Pro/Con: Evaluation not applicable. ~.d,/o~/,~) /
4 MAY 11 1999
Pg.
Summary FindinEs: The subject property is zoned C-1 making the current use a legal
non conforming use, however, the opportunity to rezone the property is provided by law
which would correct its non conforming use status.
14. Whether the change suggested is out of scale with the needs of the neighborhood or
the County'
Pro/Con: Evaluation not applicable.
Summary Findings: The proposed development complies with the Growth
Management Plan, a policy statement which has evaluated the scale, density and intensity
of land uses deemed to be acceptable for this site.
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: Evaluation not applicable.
SummaW FindinEs: Whether or not there are other similarly zoned residential areas is
irrelevant.
--- 16. The physical characteristics of the property and the degree of site alteration which
would be required to make the property usable for any of the range of potential uses
under the proposed zoning classification.
Pro/Con: Evaluation not applicable.
Summary Findings: The site is currently developed.
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.
SummaT Findings: Staff reviews for adequacy of public services and levels of service
determined that required infrastructure meets with GMP established relationships.
NOTE:
GMP as used herein means the Collier County Growth Management Plan.
~ FLUE means the Future Land Use Element of the GMP.
R-99-4 REZONE FINDINGS/md AGENDA ITEM
s l l 1999
Pg.
APPLICATION FOR PUBLIC HEARING FOR: STANO,4~ ~,~!~IT~ILf~V~)
R 9 9- O 4 ~,R ? 5 1999
Petition No.: Date Petition Received:
Commission District: Planner Assigned:/~ OAd Ad/A-;O
ABOVE TO BE COMPLETED BY STAFF
1. General Information:
Name of Applicant(s): Naples Dinner Theatre Associates, Ltd.
Applicant's Mailing Address: 985 Aqua Circle
City ]22~tp_~ State F1. Zip 34102
Name of Agent Richard D. Yovanovich Finn: Goodlette, Coleman & Johnson, P.A.
Agent's Mailing Address 4001 Tamiami Trail North, Suite 300
City ]:g-aV~ State F1 Zip 34102
Agent's Telephone # 941-435-3535 Fax # ~
COLLIER COUNTY COMMUNITY DEVELOPMENT
PLANNING SERVICES/CURRENT PLANNING
2800 N. HORSESHOE DRIVE-NAPLES, FL 34104
PHONE (941)403-2400/FAX (941)643-6968
APPLICATION FOR PIIBI,!C HEARING FOR ~TANDARD REZONE ~198
MAY 11 1999
.,.
2. Disclosure of Interest Information:
a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety,
tenancy in common, or joint tenancy, list all parties with an ownership interest as
well as the percentage of such interest. (Use additional sheets if necessary).
Name and Address Percentage of Ownership
Not Applicable
b. If the property is owned by a CORPORATION, list the officers and stockholders and
the percentage of stock owned by each.
Name and Address, and Office Percentage of Stock
Not Applicable
c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with
the percentage of interest.
Name and Address Percentage of Interest
Not Applicable
APPI ,ICATIClN FOR PIJRI,IC HEARING FOR STANDARD RF~Z{'}NE
MAY 11 1999
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
Johnson Trust, General Partner 57.1%
985 Aqua Circle, Naples, Florida 34102
Beneficiary.: Gloria Fiske
Fenway Trust, General Pamter 42.9%
985 Aqua Circle, Naples, Florida 34102
Beneficiaries: Helen Sandra Fiske, Richard
Douglas Fiske, Paul Allen Fiske
e. If there is CONTRACT FOR PURCHASE with an individual or individuals, a
Corporation, Trustee, or a Partnership, list the names of the contract purchasers
below, including the offices, stockholder, beneficiaries, or partners.
Date of Contract:
Name and Address Percentage of Ownership
Not Applicable
f. - If any contingency clause or contract terms involve additional parties, list all
individuals or officers, if a corporation, partnership or trust.
Name and Address
Not Applicable
g. Date subject property, acquired V' leased [] ~ Term of lease ~ yrs./mos.
May 28, 1975
'If, Petition has option to buy, indicate date of option: and date option
terminates: , or anticipated closing date
APPLICATION FOR Plll!l,!C HEARING FOR STANDARD REZONE ~/98
AGENOA rTEM
[
MAY f l 1999
Should any changes of ownership or changes in contracts for purchase occur
subsequent to the date of application, but prior to the date of the final public hearing,
it is the responsibility of the applicant, or agent on his behalf, to submit a
supplemental disclosure of interest form.
3. Detailed legal description of the property. covered by the application: (If space is
inadequate, attach on separate page.) If request involves change to more than one zoning
district, include separate legal description for property involved in each district. Applicant
shall submit four (4) copies of a recent sur~ey (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:23 Township: 485 Range 25E
Lot: Block: B Subdivision: palm River Estates
Plat Book 8 Page #: 9 Property ID: 65370800001
Metes & Bounds Description: See attached Quitclaim Deed.
4. Size'of property: 140 ~. X 240 = Total Sq. Ft. 33,600 Acres .77
5. Address/general location of subject property.: 1025 Piper Blvd N., Naples, Florida
6. Adjacent zoning and land use:
Zoning Land Use
N- C-1 Assisited Living Facility
E- PUD Medical Office Building
W- C-1 Parking lot and Vacant (old 7/Eleven Building)
APPLICATION FOR Pl IRI,IC HEARING FOR ~TANDARD REZONE $/98 ACa~ND~t ITEM
PAGE 4 OF 17
HAY 11 1999
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 ID #:_
Metes & Bounds Description:
Not Applicable
7. Rezone Request: This application is requesting a rezone from theC-1 zoning district(s) to
the C-3 zoning district(s).
Present Use of the Property: Dj/meLIheatex
Proposed Use (or range of uses) of the property:
8. Evaluation Criteria: Pursuant to Section 2.7.2.5 of the Collier County Land Development
Code, staffs analysis and recommendation to the Planning Commission and the Planning
Commission's recommendation to the Board of County Commissioners shall be based upon
consideration of the applicable criteria noted below. Provide a narrative statement describing
the rezone request with specific reference to the criteria noted below. Include any backup
materials and documentation in support of the request.
The subject property is an approximate .77 acre parcel and is currently utilized as a Dinner
Theater. The rezone application is for the purpose of rezoning the property from its
existing C-1 zoning to C-3 zoning. The property has been utilized as a Dinner Theater
since 1975. Current Collier County regulations require that a Dinner Theater be operated
in a C-3 zoning district. The purpose of this application is to avoid any potential future
conflict regarding the continued use of the Dinner Theater on the property. This application
is not intended to waive any vested rights the property owner may have to utilize the
property as a Dinner Theater and is simply being submitted to confirm the continued use
of the existing Dinner Theater and to keep any expenses which may incurred by the
property owner and the County to a minimum.
APPLICATION FOR Pl lRi ,IC HEARFN'G FOR ~TANDARD REZO NE ~/q8
AGENDA ITEM
MAY 11 1999
Standard Rezone Considerations (LDC Section 2. 7. 2.5.)
1. Whether the proposed change will be consistent with the goals, objectives, and
policies and future land use map and the elements of the growth management plan.
The proposed change will be consistent with the goals, objectives and
policies and future land use map and the elements of the growth
management plan. The property is located within the urban mixed use
activity center designated on the future land use map, located at the
intersection of Immokalee Road and Airport Road. A description of the
meaning of the urban mixed use activity center district in the FLUE provides
that the types of uses shall be related to commercial zoning and in locations
where traffic impacts can readily be accomodated to avoid strip and
disorganized patterns of commercial development and to create focal points
within the community. The rezoning petition to C-3 is consistent with the
currently adopted growth management plan.
2. The existing land use pattern.
The property is currently developed as a Dinner Theater. The surrounding
development is as follows:
North - the property to the North is zoned C-1 and is developed with an
assisted living facility.
South - the property to the South is zoned PUD and is currently developed
as a shopping plaza.
East - the property to the East is currently zoned PUD and is developed as
a medical office building.
West - the property to the West is currently zoned C-1 and is vacant.
3. The possible creation of an isolated zoning district unrelated to adjacent and nearby
districts.
The property is in a location that will not result in an isolated and generic
zoning district unrelated to adjacent and nearby districts. The property is
located within activity center and adjacent properties have commercial
zoning.
APP!,!CAT!f)N FOR PlYBIJC. HEARING FC}R STANDARD REZO NE
AGENOA (TE.M
~.AY 11 1999
4. Ifhether existing district boundaries are illogically drawn in relation to existing
conditions on the property for the proposed change.
The district boundaries are logically drawn and are consistent with the growth
management plan. The rezoning action is to allow an existing Dinner
Theater to continue as a permitted use.
5. YFhether changed or changing conditions make the passage of the proposed
amendment (rezone) necessary.
The property was developed and operated as a Dinner Theater since 1975.
The County's zoning regulations no longer allow a dinner theater as a
permitted use on the property. The change in County Zoning regulations is
the reason for this application.
6. Itrhether the proposed change will adversely influence living conditions in the
neighborhood
The Dinner Theater has existed since 1975. The neighborhood has grown
up around the Dinner Theater. The Dinner Theater will not adversely affect
the living conditions in the neighborhood.
7. lChether the proposed change will create or excessively increase traffic congestion
or create types of traffic deemed incompatible with surrounding land uses, because
of peak volumes or projected types of vehicular traffic, including activity during
construction phases of the development, or otherwise affect public safety.
The property is currently developed as a dinner theater and therefore will not
increase traffic. The development of the property occurred prior to the
surrounding development and therefore will not increase traffic congestion.
8. YFhether the proposed change will create a drainage problem.
The preperb, is already developed as a Dinner Theater and will not create a
drainage problem.
9. II;hether the proposed change will seriously reduce light and air to adjacent areas.
The property is already developed as a Dinner Theater and therefore will not
further reduce light and air to adjacent areas.
APPLICATION FOR PI~'BI.IC HEARING FOR STANDARD RF. Zf)NE ~/91t AC,~A I~h4
MAY 11 1999
'~ I0. Whether the proposed change will seriously affect property values in the adjacent
area.
The property was developed as a Dinner Theater and has existed since
1975. The adjacent development has occured subsequent to the
construction of the Dinner Theater. Accordingly, any impact on the on
property values occurred prior to the surrounding development occuring.
11. Whether the proposed change will be a deterrent to the improvements or
development of adjacent property in accordance with existing regulations.
The surrounding property is already developed. In addition, the property is
already developed as a Dinner Theater. Accordingly, the change in the
zoning district will have no impact on the development of the adjacent
property.
12. Whether the proposed change will constitute a grant of special privilege to an
individual owner as contrasted with the public welfare.
The existing development complies with the growth management plan. The
proposed change does not constitute a grant of special priviledge.
l~. Whether there are substantial reasons why the property cannot be used in
accordance with existing zoning.
The property is already developed as a Dinner Theater. The Dinner Theater
was a permitted use in 1975 at the time it was constructed. At this time,
Collier County zoning regulations require that a Dinner Theater be
constructed within a C-3 zoning district. In order to continue the use of the
Dinner Theater, the property must be fezpried to a C-3 zoning district.
14.Whether the change suggested is out of scale with the needs of the neighborhood or
the county.
The existing development complies with the growth mangemerit plan. The
existing development occurred pdor to the establishment of the surrounding
neighborhood. The zoning request is appropriate for the neighborhood.
15. Whether it is impossible to ~nd other adequate sites in the county for the proposed
use in districts already permitting such use.
The property is already developed as a Dinner Theater. The growth
ApPLICATICIN FOR PIIBI ,IC HF, ARING Ftr')R ~TANDARD RF, ZCINF~
AG, EN~A ITEM
~AGFN~.OF 17/,~4) (
MAY 11 1999
management plan allows for C-3 zoning for the property. The Dinner
Theater is compatible with the existing neighborhood and is currently served
by all necessary infrastructure.
16. The physical characteristics of the property and the degree of site alteration which
wouM be required to make the property usable for any of the range of potential uses
under the proposed zoning classification.
The property is currently developed as a Dinner Theater and no further
development would be necessary.
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 [Code ch. 106, art. IIJ, as amended.
The property is already developed as a Dinner Theater and served by all
necessary public facilities and will not impact the level of services as adopted
in the Collier County growth management plan.
18. Such other factors, standards, or criteria that the board of county commissioners
shall deem important in the protection of the public health, safety, and welfare.
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 petitions on the subject property.: To your knowledge, has a public
hearing been held on this property within the last year? If so, what was the nature of that
hearing? None.
11. Additional Submittal requirementS; In addition to this completed application, the
following shall be submitted in order for your application to be deemed sufficient, unless
otherwise waived during the pre-application meeting.
a. A copy of the pre-application meeting notes;
APPLICATION FOR Pll!li,lC HEARING FOR ,~TANDARD REZONE S/911 ,- ..... -,,~..
L:,'.'.' ll 1999
b. If this rezone is being requested for a specific use, provide fifteen (15) copies of
24"x26" conceptual site plan [and one reduced 8V2"xl 1" copy of site plan], drawn to
a maximum scale of 1 inch equals 400 feet, depicting the following [Additional
copies of the plan may be requested upon completion of staff evaluation for
distribution to the Board and various advisory boards such as the Environmental
Advisory Board (EAB), or CCPC];
· all existing and proposed structures and the dimensions thereof,
· provisions for existing and/or. proposed ingress and egress (including
pedestrian ingress and egress to the site and structure(s) on site.)
· all existing and/or proposed parking and loading areas [include matrix
indicating required and provided parking and loading, including required
parking for the disabled],
· required yards, open space and preserve areas,
· proposed locations for utilities (as well as location of existing utility services
to the site),
· proposed and/or existing landscaping and buffering as may be required by the
County,
c. An architectural rendering of any proposed structures.
d. An Environmental Impact Statement (EIS), as required by Section 3.8 of the Land
Development Code (LDC), or a request for waiver if appropriate.
e. Whether or not an EIS is required, two copies of a recent aerial photograph, (taken
within the previous twelve months), minimum scale of one inch equals 400 feet, shall
be submitted. Said aerial shall identify plant and/or wildlife habitats and their
boundaries. Such identification shall be consistent with Florida Department of
Transportation Land Use Cover and Forms Classification System. Additionally, a
calculation of 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. State of utility provisions (with all required attachments and sketches);
g. A Traffic Impact Statement (TIS), unless waived at the pre-application meeting;
h. A historical and archeological survey or waiver application if property is located
within an area of historical or archaeological probability (as identified at pre-
application meeting);
APPI.ICATION FOR PUBLIC HEARING FOR STANDARD REZONE ~/98 AGENDA ITEM
/
PAGE 10 OF 17
MAY 11 1999
i. Any additional requirements as may be applicable to specific conditional uses and
identified during the preapplication meeting, including but not limited to any
required state or federal permits.
APPI,ICATION FOR PITBLIC HEARING FOR STANDARD RE/ONE S/qll A6ENC)A ITEM
NAY 11 1999
TRAFFIC IMPACT STATEMENT (TIS):
A TIS is required unless waived at the pre-application meeting. The TIS required may be either a
major or minor as determined at the pre-application meeting. Please note the following with regard
to TIS submittals:
MI,SDJLT_ISi Generally required for rezone requests for property less than 10 acres in size, although
based on the intensity or unique character of a petition, a major TIS may be required for petition of
ten acres or less.
MAJX)JLTISI Required for all other rezone requests.
A minor TIS shall include the following:
1. Trip Generation: Annual Average Daily Traffic
(at build out) Peak Hour (AADT)
Peak Season Daily Traffic
---- Peak Hour (PSDT)
2. Trip Assignment: Within Radius of Development Influence (RDI)
3. Existing Traffic: Within RDI
AADT Volumes
PSDT Volumes
Level of Service (LOS)
4. Impact of proposed use on affected major thoroughfares, including any anticipated changes in level of service
(LOS).
5. Any proposed improvements (to the site or external right-of-way) such as providing or eliminating an
ingress/egress point, or providing turn or decel lanes or other improvements.
6. Describe any proposal to mitigate the negative impacts on the transportation system.
7. For Rezones Only: State how this requires is consistent with the applicable policies of the Traffic Circulation
Element (TCE) of the Growth Management Plan (GMP), including policies 1.3, 1.4, 4.4, 5.1, 5.2, 7.2, and
7.3.
A Major TIS shall address all of the items listed above (for a Minor TIS, and shall also include an analysis of the
following:
1. Intersection Analysis
2. Background Traffic
3. Future Traffic
4. Through Traffic
5. Planned/Proposed Roadway Improvements
6. Proposed Schedule (Phasing) of Development
APPLICATION F~R Pl IBLIC H~ARING FOR STANDARD RKZt')N!~
· AC.,E~A ITEM
MAY 11 1999
pC. _
TRAFFIC IMPACT STATEMENT (TIS) STANDARDS:
The following standards shall be used in preparing a TIS for submittal in conjunction with a
conditional use or rezone petition:
1. Trip Generation: Provide the total traffic generated by the project for each link within the
project's Radius of Development Influence (RDI) in conformance with the acceptable traffic
engineering principles. The rates published in the latest edition of the Institute of
Transportation Engineers (ITE) Trip Generation Report shall be used unless documentation
by the petition or the County justifies the use of alternative rates.
2. Trip Assignment: Provide a map depicting the assignment to the network, of those trips
generated by the proposed project. The assignment shall be made to all links within the RDI.
Both annual average and peak seasonal traffic should be depicted.
3, Existing Traffic: Provide a map depicting the current traffic conditions on all links within
the RDI. The AADT, PSDT, and LOS shall be depicted for all links within the RI)I.
4. Level of Service .(LOS): The LOS of a roadway shall be expressed in terms of the applicable
Collier County Generalized Daily Service Volumes as set forth in the TCE of the GMP.
5. Radius of Development Influence (RDI): The TIS shall cover the least of the following two
areas:
a) an area as set forth below; or,
b) the area in which traffic assigmnents ~'om the proposed project on the major
thoroughfares exceeds one percent of the LOS "C".
Residential 5 Miles or as required by DRI
Other (commercial, industrial, institutional, etc.)
0 49,999 Sq. Ft. 2 Miles
50,000 99,999 Sq. Ft. 3 Miles
100,000 - 199,999 Sq. Ft. 4 Miles
200,000 - 399,999 Sq. Ft. 5 Miles
400,000 & up 5 Miles
In describing the RDI the TIS shall provide the measurement in road miles from the
proposed project rather than a geometric radius.
APPLICATION FOR PUBLIC HEARING FOR STANDARD REZClNE
11 1999
Pg. 5 1 ,
6. Intersection Analysis: An intersection analysis is required for all intersections within the
RDI where the sum of the peak-hour critical lane volume is projected to exceed 1,200
Vehicles per Hour (VPH).
7. Background Traffic: The effects of previously approved but undeveloped or partially
developed projects which may affect major thoroughfares with the RDI of the proposed
project shall be provided. This information shall be depicted on a map or, alternatively, in
a listing of those projects and their respective characteristics.
8. Future Traffic: An estimate of the effects of traditional increases in traffic resulting from
potential development shall be provided. Potential development is that which may be
developed maximally under the effective Future Land Use Element (FLUE) and the Collier
County Land Development Code. This estimate shall be for the projected development areas
within the projects RDI. A map or list of such lands with potential traffic impact calculations
shall be provided.
9. Through Traffic: At a minimum, increases in through traffic shall be addressed through the
year 2015. The methodology used to derive the estimates shall be provided. It may be
desirable to include any additional documentation and backup date to support the estimation
as well.
10. Planned/Proposed Roadway Improvements: All proposed or planned roadway
improvements located within the RDI should be identified. A description of the funding
commitments shall also be included.
11. project Phasing: When a project phasing schedule is dependent upon proposed roadway
improvements, a phasing schedule may be included as a part of the TIS. If the traffic impacts
of a project are mitigated through a phasing schedule, such a phasing schedule may be made
a condition of approval.
TIS FORM RVB/R.IM 10/17/97
APP!.ICATION FOR PUBLIC HF. ARING FOB ,~TANDARD REZf~NE S/gg *A6ENDA |'IT.M
}AGE I~OF lZ'
MAY 11 1999
Pg .~
STATEMENT OF UTILITY PROVISIONS FOR STANDARD REZONE REQUEST
1. NAME OF APPLICANT: Naples Dinner Theatere Associates; Ltd.
2. MAILING ADDRESS: 985 Aqua Circle
CITY: ]SYztplf, a STATE: F1 ZIP: 34102
3. ADDRESS OF SUBJECT PROPERTY (IF AVAIl. ABLE):
1025 Piper Blvd; Naples; Florida
4. LEGAL DESCRIPTION:
Section: 23 Township: 485 Range: 25E
Lot: Block: B Subdivision: Palm River Estates
Plat Book 8 Page # 69 Property ID#: 65370800001
Mete~ & Bounds Description: See attached description
5. TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system):
a. COUNTY UTILITY SYSTEM
b. CITY UTILITY SYSTEM []
c. FRANCHISED UTILITY SYSTEM []
PROVIDE NAME
d. PACKAGE TREATMENT PLANT r-I
(GPD capacity)
e. SEPTIC SYSTEM []
6. TYPE OF WATER SERVICE TO BE PROVIDED:
a. COUNTY UTILITY SYSTEM
b. CITY UTILITY SYSTEM []
c. FRANCHISED UTILITY SYSTEM []
PROVIDE NAME
d. PRIVATE SYSTEM (WELL) []
APP!,ICATIC)N FCIR PITBLIC HEARING FC)R ~TANIIARD REZONE ~/gR NO.~
PAGE 15 .OF
t AY 11
STANDARD REZONE APPLICATION
SUBMITTAL CHECKLIST
THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET!
RE Q UIREMENTS # oF NOT
COPIES REQUIRED REQUIRED
1. Completed Application 15
2. Copy of Deed(s) and list identifying Owner(s) 1
and all Partners if a Corporation
3. Completed Owner/Agent Affidavit, Notarized 1
4. Pr.e-application notes/minutes 15
5. Conceptual Site Plans 15
6. Environmental Impact Statement - (EIS) 4
7. Aerial Photograph - (with habitat areas identified) 4
8. Completed Utility Provisions Statement (with 4 i/ Sketches not
requirid attachments and sketches) required
9. Traffic Imi~act Statement 4
10. Historical & Archaeological Survey or Waiver 4
Application
11. Copies of State and/or Federal Permits 4
12. Architectural Rendering of Proposed Structures 4
13. Application Fee, Check shall be made payable ' V'
to Collier County Board of Commissioners
14. Other Requirements:
As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist
is included in this submittal package. I understand that failure to include all necessary submittal information
ma result in the delay of process of this petition.
A e Date
g nt/Applicant Signature
APPLICAT10N l~OR pl l!tl,IC HRARING FOR STANDARD REZONE 3198
AGENDA ITEM
PACE '161~ !?
MAY 11 1999
AFFIDA I/IT
We, Naples Dinner Theatre Associates, Ltd. being first duly sworn, depose and say that we are the
owners of the property described herein and which is the sub)ect matter of the proposed hearing,'
that all the answers to the questions in this application, including the disclosure of interest
information, all sketches, data, and other supplementary matter attached to and made a part of this
application, are honest and true to the best of our knowledge and belief. We understand that the
information requested on this application must be complete and accurate and that the content of this
form, whether computer generated or County printed shall not be altered Public hearings will not
be advertised until this application is deemed complete and all required information has been
submitted
As property owner we further authorize Richard D. Yovanovich, Esq. to act as our representative
in any matters regarding this Petition.
Signature of Property Owner Signature of Property Owner
Sandra Fiske pursuant to a Power of A ttorney
for Julius Fiske, Trustee of the Johnson Trust
as General Partner of Naples Dinner Theatre
Associates, Lid
The foregoing instrument was acknowledged before me t ' ~ ~"'day of March, 1999, by Sandra
· his
Fiske pursuant to a Power of A ttorney for Julius Fiske, Trustee of the Johnson Trust as General
Partner of Naples Dinner Theatre Associate& Ltd., who is personally known to me or has produced
as identification.
State of norida
Coun of CSigna e of Na, y Pub.c- S te of norida)
.-.,~ -.- =*~ RACHFL C. FRIgHg
~..'~3 icc 473102
.:.~ ~ v~.?.;~?~.~,..~ (Print, Type or Stamp Commissioned Name o/
.... ~.o~. .~i.~ ~.-~ Notary Public)
APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE 5/98 AGENI)A |TF.~
MAY 11 1999
~ES E , JR., an~ jULiUS F~ , C~-Trustees, with ~ower
f{~l~,~o ~A~S DI~ER THEAT~ ASSOCIATES,
~e ~,~o{~ ~ U Cypress Way, Naplea, Florida
~g~, Thai abe said flr, I p~ly. tot and , .... ~idem/ion of the sum of S 1.00- .....
in ~d ~id by the tuid stand ~. the receipt ~hemf is here~v u~no~led~.
~e end q~t~im ~tu the sum s~d p~ly Iore~er. oil Ihe ~gl.. Idle. interest. chin end de~ . which
t~, ,~ tint p~ty h~ d, a~ to t~ loi~;ne desc~b~ Jot. ;i~, o. ~ce[ o[ ~,d. sit~te.
' in J~e Co~ly gf Collier Stole el Florida .
Co~enc~n~ 8~ ~he so~theas~ corne~ o~ B~ock
~a~m R~ve= Es~aCes~ Un~ if4, acco;a~nq to
~ecotaea a~ ~a~ 9oak 8, page 69, oE ~he
~ubZ~c ~eco;as oE Co~Z~e= County,
~hence ~n North ~0 a 9o~n~ on ~he eastern
bo~dary line of said Bloc~ B, a distance of
240 feet= Thence run west parallel to the
southern boundary of said Block B, a distance
of 140 feet; Thence run south on a line parallel
to the eastern boundary of said Block B to a
point on the southern bo~dary of said Block B,
which point is 140 feet from the southeast corner
of said Block B: thence run east 140 feet along
the sou~erly bo~dary of said Block B to the
southeast corner of said Block B.
. .
~,. - .~
' ~30,
: ~h~ Of COL~ZER I Hg~BV ~R~ ~t m ~b ~y. ~, t ~ u
~rg~ ~-~ ae~ i9 the 5ta~ afo~id ~ ~n ~e ~S~ ~ tO tde ~m~
ee ·
C~5 TISEO, JR. and J~IU5 FISF~, as Co-Trust s, ,....~.,~ ,.:...
~'[~$~3 my h~ a. I eliteill ~a~ ~n the CoM~I~ an. ~~,
MAR 2 5
STATEMENT OF UTILITY PROVISIONS FOR ST.4ND.4RD REZONE R[QU[ST
1, N~IE OF APPLIC~T: Naples Dinner Theatere Associates, Ltd.
2, }~LING ~D~$S: 985 Aqua Circle
CITY: ~ STATE: ~ ZIP: ~
L ADDRESS OF SUBJECT PROPERTY (IF AVAII~ABLE):
1025 Piper Blvd, NapleL Florida
~ LEGAL D[$CRIPTION:
Section: 23 Township: 485 Range:~
Lot: Block: B Sabdivision: Palm River Estates
Plat Book 8 Page ~ ~ Proper~' IDa: 653?0800001
M~ies & Bounds Description: See attached description
5. TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system):
a. COUNTY UTILITY SYSTEM
b. CITY UTILITY SYSTE~I
c. F~NCHISED UTILITY SYSTEM
PROVIDE NAME
d. PAC~GE T~ATMENT PLANT
(GPD capacid)
e. SEPTIC SYSTEM
6. TYPE OF WATER SERVICE TO BE PROVIDED:
a. COUNTY UTILITY SYSTEM
b. CITY UTILITY SYSTEM
c. F~CHISED UTILITY SYSTEM
PROVIDE NAME
d. P~VATE SYSTEM ~ELL)
APPLICATION FOR PI1BIJC HEARING FOR STANDARD REZONE
A~A ITEM
MAY 11 1599
_ Official Receipt - Collier County Board of County Commissioners
CDPR1103 - Official Receipt
Trans Number Date Post Date Payment Slip Nbr
122458 03/25/1999 8:44:30' AM 03/25/1999 MS 50750
NAPLES DINNER THEATRE ASSOCIATES LTD
Payor: NAPLES DINNER THEATRE
Fee Information
Fee Code Description GL Account Amount Waived
11REZO REZONING PETITIONS 11313890034124000000 $1800.00
Total $1800.00
Payments
Payment Code AccountJCheck Number Amount
CHECK 17244 $1800.00
Total Cash $0.00
Total Non-Cash $1800.00
Total Paid $1800.00
Memo:
R-99~04
Naples Dinner Theatre, check # 17244
Cashier/location: FROLOFF_E / 1
User: SMITH_G
AGENDA ITEM
Collier County Board of County Commissioners Printed:03t .~5/1 : .
CD-Plus for Windows 95/NT
fAR 2 1999
R 99-0
STATEMENT OF UTILITY PROVISIONS FOR STANDARD REZONE REQUEST
1. NAME OF APPLICANT: Naples Dinner Theatere Associates~ Ltd.
2. MAILING ADDRESS: 985 Aqua Circle
CITY: :baapJ.~ STATE: F1 ZIP: 34102
3. ADDRESS OF SUBJECT PROPERTY (IF AVAIl,ABLE):
1025 Piper BIvd. Naples, Florida
4. LEGAL DESCRIPTION:
Section: 23 Township: 485 Range: 25E
Lot: Block: B Subdivision: Palm River Estates
Plat Book 8 Page # 69 Property. ID#: 65370800001
Metes~& Bounds Description: See attached descrintion
5. TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system):
a. COUNTY UTILITY SYSTEM ~
b. CITY UTILITY SYSTEM []
c. FRANCHISED UTILITY SYSTEM []
PROVIDE NA~VlE
d. PACKAGE TREATMENT PLANT []
(GPD capacity.)
e. SEPTIC SYSTEM []
6. TYPE OF WATER SERVICE TO BE PROVIDED:
a. COUNTY UTILITY SYSTEM ~/
b. CITY UTILITY SYSTEM []
c. FRANCHISED UTILITY SYSTEM []
PROVIDE NAME
d. PRIVATE SYSTEM (WELL) []
APPI.ICATION FOR PUBI,IC HEARING FOR STANDARD RFZONE 4;/98 AGEt~A II'Dd
2. 5 1999
99-0
STATEMENT OF UTILITY PROVISIONS FOR STANDARD REZONE REQUEST
1. NAME OF APPLICANT: Naples Dinner Theatere Associates. Ltd.
2. MAILING ADDRESS: 985 Aqua Circle
CITY: ~ STATE: FI ZIP: 341'09_
3. ADDRESS OF SUBJECT PROPERTY (IF AVAILABI.E):
1025 Piper Blvd, Naples. Florida
4. LEGAL DESCRIPTION:
Section: 23 Township: 4S5 Range: 25E
Lot: Block: B Subdivision: Palm River Estates
Plat Book S Page # 69 Property. ID#: 65370800001
Metes~& Bounds Description: See attached description
5. TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system):
a. COUNTY UTILITY SYSTEM t/
b. CITY UTILITY SYSTEM []
c. FRANCHISED UTILITY SYSTEM []
PROVIDE NAME
d. PACKAGE TREATMENT PLANT []
(GPD capacity.)
e. SEPTIC SYSTE1M []
6. TYPE OF WATER SERVICE TO BE PROVIDED:
a. COUNTY UTILITY SYSTEM V'
b. CITY UTILITY SYSTEM []
c. FRANCHISED UTILITY SYSTEM []
PROVIDE NAME
d. PRIVATE SYSTEM (WELL) []
APPLICATION FOR Pl IRI .It HEAIlIN~G FOR. STANDARD REZON~ S;~8 iqO..,//J(/./)/
pg.
ORDINANCE NO. 99-
AN ORDNANCE AMENDING ORDNANCE NUMBER
91-102, THE COLLIER COUNTY LAND DEVELOPMENT
CODE WHICH ESTABLISHED THE COMPREHENSIVE
ZONING REGULATIONS FOR THE UNINCORPORATED
AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING
THE OFFICIAL ZONING ATLAS MAP NUMBER 85238 BY
CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED PROPERTY LOCATED ON THE
NORTH SDE OF PIPER BOULEVARD IMMEDIATELY
WEST OF CYPRESS WAY, FURTHER DESCRIBED AS
BLOCK B. PALM RIVER ESTATES UNIT 4, IN SECTION
23, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA, FROM C-I TO C-3; PROVIDING FOR
STAFF AND PLANNING COMMISSION STIPULATIONS;
AND BY PROVIDING AN EFFECTIVE DATE.
WHEREAS, Richard D. Yovanovich of Goodlette. Coleman & Johnson, P. A.,
representing Naples Dinner Theatre, Ltd.. petitioned the Board of County Commissioners to
change the zoning classification of the herein described real property;
NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA:
SECTION ONE:
The zoning classification of the real property as more particularly described by Exhibit
"A", attached hereto and incorporated by reference herein, and located in Section 23,
Township 48 South, Range 25 East. Collier County, Florida, is changed from C-1 to C-3 and
the Official Zoning Atlas Map Number 85238, as described in Ordinance 91-102, the Collier
County Land Development Code is hereby mended accordingly.
SECTION TWO:
This .Ordinance shall become effective upon filing with the Department of State.
AGEND A ITEM
MAY 11 1999
,,g..//'/
,
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this ~ day of ,1999.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
PAMELA S. MAC'KIE, Chairwoman
ATTEST:
DWIGHT E. BROCK, CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
M,thRJ~ M. STUDENT
ASSISTANT COUNTY ATTORNEY
g/admin/suejR-994~4 REZONE ORDINANCE/
MAY 11 1999
Pg. ,,,,,,,~,,h~
-- 620
ro UL S , ~ r~s e , with
~ NAPES DI~ER TH~AT~ ASSOCIATES, LTD.
~-oH~~ cypress w~y, N~ples, Fio~id~
Co~IF o/ Collier Stole a[ Florida .
Cohenring at the southeast corner of Block B,
Palm River Estates, Unit ~4, according to plat
recorded at Plat Book 8, page 69, of the current
Public Records of Collier County, Florida;
Thence Nn North to a point on the eastern
bo~dary line of said Block B, a distance of
240 feet: Thence run west parallel to the
southern boundary of said Block B, a distance
of 140 feet: Thence run south on a line parallel
to the eastern boundary of said Block B to a
point on the southern bo~dary of said Block B,
which point is 140 feet from the southeasn corner
of said Block ~; thence run east 140 feet along
the souSefly bo~dary of said Block g to the
southeast corner of said Block B. '
" '
' - ' ....
o, ~. ~r~,,- .~,~.i~. ~ all e~ .,,=z,. ng~. rob. inee.sa. hen.
.......... ' .....................
OF F~RIDA,
Or COLLIER I HZ~BY ~R~ ~=~ M
,:
~'I~5S mr h~nd a. I olf~eisl. ~l in the o~nty an = p ' e i,'
P L·
............"'
EXECUTIVE SUMMARY
PUD-93-01(4), GEORGE L. VARNADOE OF YOUNG, VAN ASSENDERP & VARNADOE, P.A.,
REPRESENTING WCI COMMUNITIES L.P. FOR AN AMENDMENT TO THE PELICAN
MARSH PUD FOR THE PURPOSES OF ADDING SPECIFIC REGULATIONS FOR BOUNDARY
AND PROJECT SIGNAGE; MAKING PROVISIONS FOR FIFTY (50) SPECIAL RESIDENTIAL
DWELLING UNITS THAT MAY FUNCTION AS RENTAL UNITS IN CONJUNCTION WITH
THE HOTEL OR GOLF COURSE; AND REVISING THE AUTHORIZED AMOUNT OF
COMMERCIAL DEVELOPMENT IN THE ACTIVITY CENTER DISTRICT FOR PROPERTY
BORDERED ON THE WEST BY TAMIAMI TRAIL NORTH (U.S. 41), ON THE EAST BY THE
FUTURE LIVINGSTON ROAD, AND ON THE SOUTH BY VANDERBILT BEACH ROAD IN
SECTIONS 25, 27, 34, 35, AND 36, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA, CONSISTING OF 2072.88+ ACRES. (COMPANION TO DOA-99~01)
OBJECTIVE:
This petition seeks to amend the Pelican Marsh PUD for the purpose of increasing the intensity of
commercial development in the N.W. activity center, providing for 50 additional hotel rooms;
providing for 50 dwelling units which will function as resort accommodations; revising the method for
determining access points to the N.W. activity center, and providing for certain boundary marker and
project signage.
CONSIDERATIONS:
Pelican Marsh is an approved Development Order by way of a Planned Unit Development.
The Pelican Marsh community lies north of Vanderbilt Beach Road extending from U.S. 41 N./
Tamiami Trail North to the Livingston Road right-of-way with some exception for land lying south of
Vanderbilt Beach Road at the intersection of Vanderbilt Beach Road and Goodlette-Frank Road and
encompasses an area of 2,072.99 acres.
The amendment to the Pelican Marsh PUD is intended to achieve the following.
(i) The amendment introduces certain signage regulation which would allow boundary marker
monuments at major road interfaces in addition to four (4) entry signs for each project while
establishing area requirements, height limitations and lighting for said signage.
(ii) Provides for the construction of fifty dwelling units which may function as rental units adjunct
to the golf course and hotel. Nevertheless, these units would count towards the maximum
number of authorized dwelling units for Pelican Marsh.
(iii) This amendment will have the effect ' ' ' '. ~g / ' ~'
MAY 11 19°9
25,000 square feet and will add fifty (50) hotel rooms to the currently authorized number of 400
hotel rooms.
(iv) The amendment would change the way access points to the northwest activity center area are
detem~ined by making it an administrative decision at the time of Site Development Plan
approvals.
None of the amendments proposed have any GMP relationships. The change in intensity for
commercial land uses still occur within the same activity center which is consistent with the FLUE to
the GMP.
In reviewing traffic impacts we are required to make this assessment based on the original approval
which provided for more commercial development than would be the effect of the increases requested
in this amendment petition. The traffic analysis submitted with this petition shows that the amendment
when added to the current authorized levels are expected to generate 17.4% fewer peak hour net new
external trips than the approved original development. The revised development parameters does not
result in a increase of 15% or more in the number of external vehicular trips.
The Collier County Planning Commission heard this petition on April 1, 1999. The CCPC
ananimously recommended approval of this petition. No presentations were made to the CCPC in
opposition to this petition, however, staff received a copy of a letter indicating opposition to any
petition that would increase density or hotel space therefore this petition could not go forward on the
sum. mary agenda of the BCC.
FISCAL IMPACT:
Inasmuch as this petition seeks to amend an existing approved development order the fiscal impacts
can only be assessed to that change which reflects additional development authorization.
The following additional impact fee revenue will be generated by the revision:
(i) Net additional commercial (Retail/Offices/Services)
32,500 + 1000 x $5,000 (average) = $162,500
(ii) Hotel 50 rooms x 1,113 per room = 55,650
Total $ 218,150
No additional residential units are being added, however, fifty (50) units will function as rental units
ancillary to the hotel and golf course. No additional impact fees would therefore be generated.
Because impact fees vary by housing type and type of commercial development, and because this
approval does not provide this level of specificity as to the actual type of use, the total impact fees
---- quoted above are at best raw estimates: Additionally, it should be appreciated that there is not
guarantee that the project at build out will have maximized their authorized level of dev, Iop~A
MAY l l 1999
PB,
In addition to the impact fees described there are building permit review fees and utility fees associated
with connecting to the County's sewer and water system. Building permit fees have traditionally off-
set the cost of administering the community development review process, whereas utility fees are based
on their proportionate share of impact to the County system.
Impact fees are currently being reviewed to determine if adjustments are required to more accurately
reflect the impact of particular development on County provided services.
Finally additional revenue is generated by application of ad valorum tax rates. The revenue that will be
generated by the ad valorum tax depends on the value of the improvements. At this point in time staff
has not developed a method to arrive at a reasonable estimate of tax revenue based on ad valorum tax
rates.
The above discussion deals with revenue streams. A fiscal impact analysis is incomplete without an
estimates of costs that will be generated by a particular land use development project. At this point in
time staff has not developed a model by xvhich to estimate the costs of a particular land use
development project. Such a model in our opinion would be terribly misleading because there is no
certain way, particularly with respect to housing projects to determine their value, and likelihood that
not all of the authorized development will occur.
Nevertheless, it should be appreciated that notwithstanding fiscal impact relationships development
takes place in an environment of concurrency relationships. When Level of Service requirements fall
below their adopted standard a mechanism is in place to bring about a cessation of building activity.
Certain LOS standards apply countyxvide versus roads which may have geographic concurrency
implications.
GROWTH MANAGEMENT IMPACT:
Petitions deemed to be consistent with all provisions of the Growth Management Plan can not have an
impact on the Collier County Growth Management Plan. This petition was reviewed for consistency
and was found to be consistent with all provisions of the Growth Management Plan.
Development permitted by the approval of this petition will be subject to a concurrency review under
the provisions of Division 3.1 of the 3.15 of the Collier County Land Development Code.
HISTORIC/ARCHAEOLOGICAL IMPACT:
Staffs analysis indicates that the petitioner's property is located outside an area of Historical and
Archaeological Probability as referenced on the official Collier County Probability Map. Therefore, no
Historical/Archaeological Survey and Assessment is required.
PLANNING COMMISSION RECOMNIENDATION:
That the Board of County Commissioners approve Petition PUD-93-01 (4) Pelican M~ ~Sh ~e~~
the Ordinance of Adoption and Exhibits thereto (i.e. PUD Document and Master Plan
MAY 11 1999
PREPARED By
RONALD F. NINO, AICP DATE
CURRENT PLANNING MANAGER
REVIEWED BY:
ROBERT J. MULHE~, AICP DATE
PLANNING SERVICES DEPARTSlENT DI~CTOR
VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE
COMMUNITY DEV. AND ENVIRONI~IENTAL SVCS.
PUD-93-1 (4) EX SUMMARY/rod
AGENDA ITEM 7-G
MEMORANDUM
TO: Y PLANNING COMMISSIO~
FRO _ v~ELOPMENT &ENVIRONMENTAL SERVICES
DATE: MARCH 9, 1999
RE: PETITION NO: PUD-93-1(4), PELICAN MARSH
OV~ER/AGENT:
Agent: George L. Vamadoe
Young, vanAssenderp & Varnadoe, P.A.
801 Laurel Oak Drive, Suite 300
Naples, Florida 34108
Owner: WCI Communities Limited Partnership
24301 Walden Center Drive
Bonita Springs, Florida 34134
REOUESTED ACTION:
This petition seeks to amend the Pelican Marsh PUD as follows:
(i) Add special regulation for boundary and project signage.
(ii) Provides for fifty (50) dwelling units which may function as an adjunct to the golf course
for rental purposes by the day, week, month or other rental periods in the area east of
Airport Road but nonetheless are counted within the maximum number of dwelling units
authorized for Pelican Marsh (i.e. 5,100 dwelling units).
(iii) Proposes adjustments to authorized commercial development in the activity center having
the effect of increasing retail space by 57,500 square feet of gross floor area, decreases
office space by 25,000 square feet, and increases hotel rooms by fifty (50) rooms.
(iv) Revises the bases for determining access determination to the Activity Center on the
northwest comer of Airport and Vanderbilt Beach Road.
The above noted amendments will nonetheless be accomplished through a PUD to PUD rezoning
process in order to facilitate administrative convenience in de~ Ling_~~tions for the
GEOGRAPHIC LOCATION:
The Pelican Marsh community lies north of Vanderbilt Beach road extending from U.S.
41N./Tamiami Trail North to the Livingston Road fight-of-way with some exception for land lying
south of Vanderbilt Beach Road at the intersection of Vanderbilt Beach Road and Goodlette-Frank
Road and encompasses an area of 2,072.88 acres. (See location map following page.)
PURPO$E/DESCRIPTION OF PROJECT:
The amendment to the Pelican Marsh PUD is intended to achieve the following.
(i) The amendment introduces certain signage regulation which would allow boundary
marker monuments at major road interfaces in addition to four (4) entry signs for each
project while establishing area requirements, height limitations and lighting for said
signage.
(ii) Provides for the construction of fifty dwelling units which may function as rental units
adjunct to the golf course and hotel. Nevertheless, these units would count towards the
maximum number of authorized dwelling traits for Pelican Marsh.
(iii) This amendment will have the effect of increasing the amount of commercial (i.e. retail)
floor space by 57,500 square feet of gross floor area while reducing the amount of office
space by 25,000 square feet and will add fifty (50) hotel rooms to 'the currently authorized
number of 400 hotel rooms.
(iv) The amendment would change the way access points to the northwest activity center area
are determined by making it an administrative decision at the time of Site Development
Plan approvals.
EXISTING AND SURROUNDING LAND USE AND ZONING:
This amendment will have no effect on properties extemal to the Pelican Marsh PUD, and therefore
any identification of boundary relationships is irrelevant to the substance of this petition.
GROWTH MANAGEMENT PLAN CONSISTENCY:
None of the amendments proposed have any GMP relationships. The change in intensity for
commercial land uses still occur within the same activity center which is consistent with the FLUE to
the GMP.
In reviewing traffic impacts we are required to make this assessment based on the original approval
which provided for more commercial development than would be the effect of the increases requested
in this amendment petition. The traffic analysis submitted with this petition shows that the
amendment when added to the current authorized levels are exl~ected to generate 17.4% fewer peak
hour net new external trips than the approved original deve [opm~jllteurevisf' ~c,;ii'-iiicr[li
parameters does not result in a increase of 15% or more in tl e ntl~ber of externa ve ' ~ tri s
~V¢~) ;- ' '
2 MAY 11 1999
which is the threshold for additional Development of Regional Impact requirements. This
amendment does not affect any other GMP element (i.e. open space, utilities, etc.).
HISTORIC/ARCHAEOLOGICAL IMPACT:
Staffs analysis indicates that the petitioner's property is located outside an area of historical and
archaeological probability as referenced on the official Collier County Probability Map. An
application for waiver of an historical and architectural survey was filed and approved.
EVALUATION FOR ENVIRONMENTAL. TRANSPORTATION AND INFRASTRUCTURE;
The subject petition has been reviewed by the appropriate staff responsible for oversight related to the
above referenced areas of critical concern. This primarily includes a review by the Community
Development Environmental and Engineering staff, and the Transportation Services Department
staff. Staff recommendations are included in the Development commitments section of the PUD.
This petition was administratively reviewed on behalf of the EAB inasmuch as no environmental
impact statement was required.
Staff review did not raise any specific concerns regarding LDC or GMP inconsistencies or need for
additional regulations. Access requirements for property in the N.W. activity center were given
special attention, and staff is satisfied that the revised stipulations regarding this matter gives the
County the ability to regulate access conditions, and their effect on medians and turning movements
in a manner satisfactory to the County's best interest.
ANALYSIS:
With respect to each of the amendments staff advises as follows:
~ - Signage, in particular boundary markers or identification signs differ from that authorized
in the LDC. Pelican Marsh believes it is necessary to identify the projects associated with Pelican
Marsh at those boundaries of Pelican Marsh with public street intersections. Pelican Marsh is unique
in the sense that it is bounded in several instances by public streets, such as Goodlette
Road/Vanderbilt Beach, Airport/Vanderbilt Beach, Livingston/Vanderbilt Beach, and principal access
points to the Pelican Marsh community itself. Pelican Marsh's total street frontage under normal
circumstances would have as much or more signage as these boundary markers may represent, and
therefore staff is of the opinion that the request is not unreasonable.
Commercial Development Intensity - While this amendment increases the authorized amount of
commercial development by a net amount of 32,500 square feet of gross floor area, (i.e. 57,500 retail
minus 25,000 office) nevertheless it should be appreciated that the end result still represents a
reduction in development intensity over that originally approved for Pelican Marsh. The petitioner at
their own initiative previously reduced density and intensity of development, and this petition
restores some of that prior reduction. Historically, staff has as a matter of policy applied a rule of
thumb commercial intensity threshold of 10,000 square feet of floor area for each acre of land. With
the adjustment reflected by this amendment, 577,500 square feet of ss ~oo
constructed (i.e. 402,500 retail and 175,000 office) on 80 acres o 'landAittColll~iklr~l~f
rooms). We estimate that the N.W. quadrant occupies some 60 a: ' '
3
MAY l l 1999
Pg' 7 Pg*
all retail and office development, inasmuch as the remainder of the activity center in the N.E.
quadrant serves as the hotel site. Based on this premise the intensity of development in the N.W.
quadrant will be approximately 10,000 square feet per acre consistent with our rule of thumb intensity
threshold.
Rental Residential Units Adjunct To Golf Resort Use - The proposed amendment would allow up to
50 residential units to be constructed near the Tiburon Golf Course and Ritz Carlton Hotel which
would be made available as overnight accommodations, or otherwise rented for certain periods of
time. This has no impact on the number of dwelling units otherwise authorized but merely provides
that 50 dwelli:~g units may function as short term rentals.
Traffic Access To Activity Center - The current provision of the PUD regulating access
configurations to the N.W. activity center were unclear and reference an activity center access map
that could not account for the uniqueness of the N.W. activity center. The amendment authorizes an
access configuration that satisfies the County' s transportation department.
STAFF RECOMMENDATION:
That the Collier County Planning Commission recommend approval of Petition PUD-93-1(4) as
descYibed by the Ordinance of Adoption and Exhibit thereto (i.e. PUD Document and Master Plan).
/ z
:
P Y'-
CURRENT PLANNING MANAGER
REVIEWED BY:
OBpLO~~T J. MULHERE, AICP '~ ~ 2---~ 5
DATE
NING ERVICES DEPARTMENT DIRECTOR
AP D BY:
VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE
COMMUNITY DEV. AND ENVIRONMENTAL SVCS.
AGENDA ITEM
Petition Number PUD-93-1 (4) uo.../c~ ~} c~
Staff Report for the April 1, 1999 CCPC meeting. MAY 11 1999
COLLIER C UNTY PL G COMMISSION: Pg-.. ~
4 1999
\
P[. ~ ~
P "D 9 ? 0
PETITION NUMBER
DATE
APPLICATION FOR PUBLIC HEAR~G
FOR :"
PUD AMENDMENT/DO AMENDMENT
COMMUNITY DEVELOPMENT DIVISION ........
PLANNING SERVICES
1. Name of Applicant(s) WCI Communities Limited Partnership, a Delaware limited partnership
Applicant's Mailing Address 24301 Walden Center Drive
City Bonita Springs State FL Zip 34134
Applicant's Telephone Number: Bus.: (941 ) 947-2600 Fax:
Is the applicant the owner of the subject property.? X Yes No
_ (a) If applicant is a land trust, so indicate and name beneficiaries below.
_ (b) If applicant is corporation other than a public corporation, so indicate and name
officers and major stockholders below.
X_X_ (c) If applicant is a parmership, limited partnership or other business entity, so indicate
and name principals below.
_ (d) If applicant is an owner, indicate exactly as recorded, and list all other owners, if any.
_ (e) If applicant is a lessee, attach copy offease, and indicate actual owners if not indicated
on the lease.
_ (f) If applicant is a contract purchaser, attach copy of contract, and indicate actual
owner(s) name and address below.
WCI Commtmities Limited Partnership is a Delaware limited partnership consisting of investors of
WCI, Inc., general partner, and Communities Investor, limited partner.
2. Name of Agent George L. Varnadoe
Firm_young, van Assenderp & Vamadoe, P.A.
Agents Mailing Address 801 Laurel Oak Drive, Suite 300
City Naples State FL Zip 34108
Telephone Number: Bus.: (941} 597-2814 Fax: (941) 597-1060
3. PUD ORDINANCE NAME AND NUMBER: Currently effective: Pelican Marsh Communi_ty PUD,
Ordinance No. 97-79, as mended by Ordinance No. 98-11. Original PUD approval on May 25. 1993.
in Ordinance No. 93-27 was repealed by PUD Ordinance No. 95-4 approved on January_ 24, 1995.
AGENDA ITE. M
1 MAY 11 1999 APR 1Se9
pg., q'
4. DETAILED LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE APPLICATION
"" (If space is inadequate, attach on separate page. If request involves change to more than one zoning
district, include separate legal description for property involved in each district. If property is odd-
shaped, submit five [5] copies of survey [1" to 400' scale]). See attached.
THE APPLICANT IS RESPONSIBLE FOR SUPPLYING THE CORRECT LEGAL DESCRIPTION.
IF QUESTIONS ARISE CONCERNING THE LEGAL DESCRIPTION, .XN ENGINEER'S
CERTIFICATION SHALL BE REQUIRED.
SECTIONS 25, 27, 34, 35 & 36 TOWNSHIP 48 South RANGE 25 East
Please refer to PUD Document, Section 1.2 for detailed legal description.
5. Address or location of subject property 2072.88+ acres ge.ne.rally bordered on the west by Tamiami
Trail No.rth, on the east by....the future Livingston Road and on the south by Vanderbilt Beach Road.
6. Does property owner own contiguous property to the subject property? If so, give complete legal
description of entire contiguous property. Clf space is inadequate, attach on separate page).
No.
7. TYPE OF AMENDMENT:
X A. PUD Document Language Amendment
X B. PUD Master Plan Amendment
X C. Development Order Language Amendment
8. DOES AMENDMENT COMPLY WITH THE COMPREHENSIVE PLAN: X Yes__ No
If no, explain:
9. HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITHIN THE LAST YEAR? IF
SO, IN WHOSE NAME? No.
PETITION #: DATE:
10. HAS ANY PORTION OF THE PUD BEEN SOLD AND/OR X
DEVELOPED? ARE ANY CHANGES PROPOSED FOR THE AREA SOLD AND/OR
DEVELOPED?
Yes. X No. IF YES, DESCRIBE: (ATI'ACH ADDITIONAL SHEETS
IF NECESSARY).
2 MAY 11 1999
Pg.
AFFIDAVIT
We. Jerry Schmoyer of WCI Communities being first duly sworn, depose and say that we
are the owners of the property described herein and which is the subject matter of the proposed hearing; that
all the answers to the questions in this application, and all sketches, data and other supplementary matter
attached to and made a part of this application, are honest and true to the best of our knowledge and belief.
We understand this application must be completed and accurate before a heating can be advertised. We
further permit the undersigned to act as our representative in any matters regarding this Petition.
NOTE: SIGNATURES OF ALL OWNERS ARE MANDATORY.
For: WCI COMMUNITIES LIMITED PARTNERSHIP,
a Delaware Limited Partnership
- By'~iL~%nt
SIGNAlGeorge Vamadoe
SWORN TO AND SUBSCRIBED BEFORE ME THIS il;L~~' DAY OF iiJo.,,,,.,a.~_[ ,19qq .
(SEAI~5cctt'eieee't'e"ee<eeeece''rece"eeeee~'e2~My Commission expires: 5,~as~b¢~./... ~0o ~
,,,o._/2
3 MAY 11 1999.
i
~- .~.~.: tl . ...........
' )- I i 1~)7^liclvl
, :::::::::::::::::::::::: ....::::::::::::::::::::::::::::: ~:--- ~j
AGE~A I~
P U D 9
PETITION NUMBER
---' DATE
APPLICATION FOR PUBLIC HEARING '
FOR
PUD AMENDMENT/DO AMENDMENT
COMMUNITY DEVELOPMENT DIVISION
PLANNING SERVICES
1. Name of Applicant(s) WCI Communities Limited Partnership, a Delaware limited partnership
Applicant's Mailing Address 24301 Walden Center Drive
City Bonita Springs State FL Zip 34134
Applicant's Telephone Number: Bus.: (941) 947-2600 Fax:
Is the applicant the owner of the subject propert3'? X Yes No
_ (a) If applicant is a land trust, so indicate and name beneficiaries below.
_ (b) If applicant is corporation other than a public corporation, so indicate and name
officers and major stockholders below.
..X (c) If applicant is a partnership, limited partnership or other business entity, so indicate
and name principals below.
_ (d) If applicant is an owner, indicate exactly as recorded, and list all other owners, if any.
_ (e) If applicant is a lessee, attach copy of lease, and indicate actual owners if not indicated
on the lease.
_ (f) If applicant is a contract purchaser, attach copy of contract, and indicate actual
owner(s) name and address below.
WCI Communities Limited Partnership is a Delaware limited partnership consisting of investors of
WCI, Inc., general partner, and Communities Investor, limited partner.
2. Name of Agent Ge®rge L. Vamadee
Firm Young, van Assenderp & Varnadoe, P.A.
Agents Mailing Address 8tl Laurel Oak Irive, Suite 31~
City Naples State FL Zip 34108
Telephone Number: Bus.: (941) 597-2814 Fax: (941) 597-1060
3. PUD ORDINANCE NAME AND NUMBER: Currently effective: Pelican Marsh Community PUD,
Ordinance No. 97-79, as amended by Ordinance No. 98-11. Original PUD approval on May 25, 1993,
in Ordinance No. 93-27 was repealed by PUD Ordinance No. 95-4 approved on January_ 24, 1995.
AGENDA ITEM ~'
140./,-~ (Z57.).~ AGENOA ITEM
1 MAY I 1 1999
4. DETAILED LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE APPLICATION
(If space is inadequate, attach on separate page. If request involves change to more than one zoning
district, include separate legal description for property involved in each district. If property is odd-
shaped, submit five [5] copies of survey [1" to 400' scale]). See attached.
THE APPLICANT IS RESPONSIBLE FOR SUPPLYING THE CORRECT LEGAL DESCRIPTION.
IF QUESTIONS ARISE CONCERNING THE LEGAL DESCRIPTION, AN ENGINEER'S
CERTIFICATION SHALL BE REQUIRED.
SECTIONS 25, 27, 34, 35 & 36 TOWNSHIP 48 South RANGE 25 East
Please refer to PUD Document, Section 1.2 for detailed legal description.
5. Address or location of subject property 2072.88+ acres generally bordered on the west bv Tamiami
Trail North, on the east by the future Livingston Road and on the south by Vanderbilt Beach Road.
6. Does property owner own contiguous property to the subject property? If so, give complete legal
description of entire contiguous property. (If space is inadequate, attach on separate page).
No.
7. TYPE OF AMENDMENT:
X A. PUD Document Language Amendment
X B. PUD Master Plan Amendment
X C. Development Order Language Amendment
8. DOES AMENDMENT COMPLY WITH THE COMPREHENSIVE PLAN: X Yes__ No
If no, explain:
9. HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITHIN THE LAST YEAR? IF
SO, IN WHOSE NAME? No.
PETITION #: DATE:
10. HAS ANY PORTION OF THE PUD BEEN SOLD AND/OR X
DEVELOPED? ARE ANY CHANGES PROPOSED FOR THE AREA SOLD AND/OR
DEVELOPED?
Yes. X No. IF YES, DESCRIBE: (ATTACH ADDITI( NAL SHEETS
IF NECESSARY). MAY 11 1999
,/7 ,,
AFFIDAVIT
We, Jerry Schmoyer of WCI Communities being first duly sworn, depose and say that we
are the owners of the property described herein and which is the subject matter of the proposed hearing; that
all the answers to the questions in this application, and all sketches, data and other supplementary matter
attached to and made a pan of this application, are honest and true to the best of our knowledge and belief.
We understand this application must be completed and accurate before a hearing can be advertised. We
further permit the undersigned to act as our representative in any matters regarding this Petition.
NOTE: SIGNATURES OF ALL OWNERS ARE MANDATORY.
For: WCI COMMUNITIES LIMITED PARTNERSHIP,
a Delaware Limited Partnership
SIGN eorge Varnadoe
SWORN TO AND SUBSCRIBED BEFORE ME THIS ~(,2~'~2' DAY OF ~Scx~,~cke.7 .
; .,,~;~?~i~... C~nhia A De Vito ?~ ~
~,~-:" ':.~Noia~Public S,ateofHorida ~' No~Public
'~ [k,nd~ Thigh Fla. No(a~' Scntcc & ~in$ Co, ~(
(SEAL5"ccc'cc""ccccc"c''"'cc<'~<~''"':ec':' My Commission expires: ~~b~ L, ;oo ~
MEMORANDUM
DATE: March 31. 1999
TO: Vince Cautero. Community Development Services Administrator
FROM: Trisha McPhers>o.n, Exec.utpe Secreta%_/_~)f~i
Board of Count~ Commissioners Office
RE: 3/30/99 Letter from Philip J. McCabe - DOA-99-01 and PUD-92-01(4)
Mr. McCabe called Commissioner Carter yesterday and asked that the artached letter be
forwarded to the Planning Commission for the April 1, 1999, meeting so that his
opposition can be officially noted. Mr. McCabe also raised many other concerns and
issues in his letter that may need follow-up. Since Commissioner Garter has not yet had
an opportunity to review this correspondence. I will await his return and direction on the
other issues.
/tin
cc: Bob Mulhere. Planning Services Director
AGEND A ITEM
No-~,Z_,~,~
MAY 11 1999
AGEND A ITEM
Mar-30-99 12:05P INN AT PELICAN BAY 941+597+8012 P.01
GULF COAST COMMERCIAL COI:{PORATION
March 30, 1999 s6,s BAY C~LONY Dl!lrv'!tk 8UITI2404 ' ' '
NAPLF_~. II'I..OItI2DA
Co~issioner J~es C~er 941tSO+~Ta~ : , ' ' " '
Collier County Government
Tamtaint Trail Nonh
Naples, Florida
Re: SOLICITATION OF ~N OPINION, via fax only
(owner ofl~d within 300 R. ofDOA-99-01 ~ PU~-92-01 (4))
Dear Mr. Cancr:
[ am in receipt ova letter from the county planning sen, ices soliciting my view of a request by
the developers of the new hotel at the Tiburon Golf course :o increase density ofhoteI rooms,
and retail, and to reduce medical, but by a reduction far less equal than the requested increase, I
am absolutely opposed to any increased density whatsoever. If the developer wishes to change a
use to a higher and better use, I have no objection, however if the developer wishes to increase
density, my position is clearly in opposition. The present density is more than enough to make
multi- millions of dollars, why is it necessary to make more millions at the expense of our
community.
I would also ask the planning department of the county, and the county commissioners to
consider a policy that would require all developers doing business in our community to not only
pay the proper impact fees for the schools, roads, fire, etc., but that the>, also share in the burden
'ofbcautification of our community such as median landscaping, etc. I would have to ask the
planners if the medians at Airport and Vanderbilt are designed to be landscaped. and if not wh\'?
And why would not the deveioper of Pelican Marsh, and all other developers in that intersectran.
including myself, be obligated to the major beautification of the medians. It seems senseless to
me to see all this massive construction going on, and most of it beautiful development. but yet
not anybody consider the beautification of the medians, an area that has such a large impacl upon
the community. Further, I thirak it paramount that the county plan for the future use of the beach
by all this added density, and the demand upon parking. As an example, every single one of
those added holel rooms is going to want to get to the beach. Where are they going to park'? The
supply of beach access is not in any way keeping up with the demand for beach access.
Thank you for your attention to these mailers, and please do not hesitate to call ifyou have an,,'
questions.
Sincerely,
GULF COAST CO~'IMERCIAL CORPORATION
Philip J N~cCabe
PRESI DENI -
, AGENOA
APR 1999
ORDYNANCE 99-
.AN ORDNANCE AMENDING ORDNANCE
NL,'MBER 91-102. THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE ZONqNG REGULATIONS FOR
THE UNINCORPORATED :~R.EA OF COLLIER
COUNTY, FLORIDA. BY .~dVIENDING THE
OFFICIAL ZONING ATLAS .MAPS NUMBERED
8525N, 85255, 8527N, 85275, 8534N, 85345, 8535N,
85355, 8536N, 85365 AND 853536 BY CHANGING
THE ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY FROM "PUD" TO
"PUD" PLANNED UNIT DEVELOPMENT KNOWN
AS PELICAN MARSH, FOR PROPERTY LOCATED
LMMEDIATELY NORTH OF ,~q'D CONTIGUOUS TO
VANDERBILT BEACH ROAD (C.R. 901), US 41
NORTH, TO THE PLANNED LWINGSTON ROAD
RIGHT-OF-WAY IN SECTIONS 25, 27, 34, 35, AND
36. TOWNSHIP 48 SOUTH, RANGE 26 EAST.
COLLIER COUNTY, FLORIDA, CONSISTING OF
2072.88 ACRES, MORE OR LESS; PROVDING FOR
THE REPEAL OF ORDINANCE NUMBER 97-79,
THE FOP~MER PELICAN MARSH PUD; AND BY
PROVIDING AN EFFECTWE DATE.
W'HEREAS, George L. Varnadoe of Young, van Assenderp and Varnadoe. P.A.,. representing
WCI Commumties, L.P., petitioned the Board of County Commissioners to change the zoning
c lassi flealion of the herein described real property;
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA;
The Zoning Classification of the herein described real property located in Sections 25, 27, 34,
35 and 36, Township 48 South, Range 26 East, Collier County, Florida, is changed from "PUD" to
"PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit
"A", which is incorporated herein and by reference made pan hereof. The Official Zoning Atlas Maps
numbered 8525N, 85255, 852TN, 85275, 8534N, 85345, 8535N, 85355, 8536N, 85365 AND 853536,
Cde ar
as described in Ordinance Number 91-102, the Collier County Land Development
amended accordingly.
f;;,',':; t 1999
Ordinance Number 97-79, l~own as the Pelican Marsh PLrE), adopted on December 9, 1997 by
the Board of County Commissioners of Collier County, is hereby repealed in its entire~.
APR2 i 99
SECTION THREE:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County. Commissioners of Collier County,
Florida. this __ day of .1999.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DV~rlGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
BY:
PAMELA S. MAC'KIE, CHAIRWOMAN
Approved as to Form and
kegal Sufficiency
Mar3ort~ M. Student
Assistant County. Attorney
ORDINANCE;PUD-93-O1141
~ MAY 11 1999
P~. ,~
""" ~.GENDAITEM~"
APR '~ 999
-2- ~ ~
PELICAN ,MARSH COMMUNITY
A
PLANNED UNIT DEVELOPMENT
2072.88_+ Acres Located in Sections 25, 27, 34, 35 & 36
Township 48 South, Range 25 East
ColLier County, Florida
PREPARED FOR:
WCI COMMUNITIES, L.P.
24301 Walden Center Drive
Bonita Springs, Florida 34134
PREPARED BY:
WILSON, MILLER, BARTON & PEEK, I~IC.
3200 Bailey Lane, Suite 200
Naples, Florida 34105
PUD 93-1, ORDNANCE 93-27 - ORIGINAL
PUD 94-9, ORDINANCE 95-4 - AMENDI~-NT
ORDINANCE 95-50 - AMENDMENT
ORDINANCE 95-71 - AMENDME~
ORDINANCE 97-79 - AMENDMENT
ORDINANCE 98-11 - AMENDMENT
DATE FILED 1/~9/9~'
DATE APPROVED BY BCC 4 ORDINANCE NUMBER
A'GI~NOA ITEM
4/1(~*~7~) Vet 81 !-MPEItR. Y
APR 999
TABLE OF CONTENTS
PAGE
LIST OF EXHIBITS ii
STATEMENT OF COMPLIANCE AND SHORT TITLE iii
SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, & 1-1
GENERAL DESCRIPTION
SECTION II PROJECT DEVELOPMENT 2-1
SECIION llI RF,qlDENTIAL DISTRICT 3-1
SECHON IV GOLF COURSE, RECREATION &OPEN SPACE 4-1
DISTRICT
SECTION V RF:SERVE DISTRICT 5-1
SECTION VI CULTURAL CENTER DISTRICT 6,-1
SECTION VII ACTIVITY CENTER DISTRICT 7-1
SECTION VIII GENERAL DEVF, I,OPMENT COM]vlI'FMENTS 8-1
LIST OF EXHIBITS
Exhibit A Map H2 (Revised Map H) Master Plan (WMB&P, Inc. File No. RZ-219-H)
"" ' AGENDA ITEM
N~Y 11 1999
,-.PERRY GENOA ITEM /1
\ 199
ii
STATEMENT OF COMPLIANCE
The purpose of this section is to express the intent of the WCI Communities, L.P., hereinafter
referred to as WCI or the Developer, to create a Planned Unit Development (PUD) on 2072.88 +
acres of land located in Sections 25, 27, 34, 35, & 36 Township 48 South, Range 25 East, Collier
County, Florida. The name of this Planned Unit Development shall be Pelican Marsh Community.
The development of Pelican Marsh Community will be in general compliance with the planning
goals and objectives of Collier County as set forth in the Growth Management Plan. The
development will be consistent with the growth policies and land development regulations adopted
thereunder of the Growth Management Plan Future Land Use Element and other applicable
regulations for the following reasons:
1. The subject property is within the Urban Mixed Use District/Urban Residential Subdistrict
as identified on the Future Land Use Map as required in Objective 1, of the Future Land
Use Element (FLUE). The purpose of the Urban Residential Subdistrict is to provide for
higher density residential uses in an area with relatively few natural resource constraints and
where existing and planned public facilities are concentrated.
2. The proposed density of Pelican Marsh Community is 2.5 units per acre and less than the
maximum density permitted by the FLUE Density Rating System and is therefore consistent
with Future 1 ~nd Use Element Policy 5.1. The entire subject property qualifies for a base
density of four units per acre. Certain parts of the subject property are further subject to
density adjustments including a proximity to Activity Center density bonus, roadway access
density bonus, and long range traffic congestion area and interconnection density reduction,
which when taken collectively and applied to the property yield an allowable density greater
than three units per acre.
3. Pelican Marsh Community is compatible with and complementary to existing and future
surrounding land uses as required in Policy 5.4 of the Future Land Use Element.
4. Improvements are planned to be in substantial compliance with applicable land development
regulations as set forth in Objective 3 of the Future l _and Use Element.
5. The development of Pelican Marsh Community will result in an efficient and economical
extension of community facilities and services as required in Policies 3.1.H and L of the
Future Land Use Element.
6. Pelican Marsh Community is planned to incorporate natural systems for water m~ aage~oent/,,~ ~
in accordance with their natural functions and capabilities as may be required by Objeciive
1.5 of the Drainage Sub-Element of the Public Facilities Element. MAY 1 i 1999
pg.
,.--.,--1/16/9~-57069 'qmt 01 !-MPIi;RRY
ly,-oabo~-p.oc.z~ ~ AGENOA ITEM
iii '
7. Pelican Marsh Community is a large scale functionally interrelated community, and is
planned to encourage ingenuity, innovation and imagination as set forth in the Collier
County Land Development Code Planned Unit Development District.
8. Pelican Marsh Community represents a large scale in~ll community within the Urban
District, thereby discouraging urban sprawl as required by Policy 5.3 of the Future Land
Use Element.
SHORT TITLE
This ordinance shall be known and cited as the "PELICAN MARSH COMMUNITY PLANNED
UNIT DEVELOPMENT ORDINANCE".
AGEND A ITEM
no./,zfZ ) ';"-
MAY l l 1999
4,'16/99-571~) Ve~ OI r-MPERRY
NOl16.081-OO2-PNOC-21791
AGFNDA ITEM ~
SECTION I
LEGAL DESCRIFFION, PROPERTY OWNERSHIP, AND GENERAL DESCRIFFION
1.1 PURtPOSE
The purpose of this section is to set forth the legal description and ownership of Pelican
Marsh Community, and to describe the existing condition of the property proposed to be
developed.
1.2 LEGAL DESCRIPTION
PEIJCAN MARSH, being approximately 2072.88 acres, is legally described as follows:
BEGINNING at the southwest comer of Section 27, Township 48 South, Range 25 East,
Collier County, Florida;
thence along the west line of said Section 27 and the castefly right-of-way line of U.S. 41
Nt, x~h 00038'20.. West 2623.40 feet to the west 1/4 comer of said Section 27;
thence continue along the west line of said Section 27 and said right-of-way North
00°39. 12" West 827.69 feet;
thence leaving said line North 89020'45" East 3844.57 feet to the westerly right-of-way line
of proposed Goodlette-Frank Road as recorded in Plat Book 13, page 58, Public Records of
Collier County, Florida;
thence along said westerly right-of-way line in the following four (4) described courses;
1) South 05°34'48'' East 3545.96 feet to the south line of said Section 27;
2) South 05033. 10" Fast 2642.17 feet;
3) southerly 620.87 feet along the arc of a circular curve concave westerly having a
radius of 2799.93 feet through a central angle of 12o42' 18" and being subtended by
a chord which bears South 00o47'59.' West 619.60 feet;
4) South 07o09'08" West 1675.64 feet to the boundary line of the plat of Pine Ridge
Second Extension as recorded in Plat Book 10, page 86 of the Public Records of
Collier County, Florida;
thence along the boundary of said Pine Ridge Second Extension in the following eight (8)
described courses;
1) South 89050'58" West 88.21 feet;
2) North 31°34'00" West 120.19 feet;
3) North 05037, 10" West 956.47 feet; AGENDA aTEM
4) South 74°46'39" West 379.98 feet; No./,~,dj ..~
5) South 12°04'43" East 23.53 feet; MAY 11 1999
6) South 87009'43" West 272.40 feet;
7) northwesterly 1854.46 feet along the arc of a non-tangential circular curve cx ~cav~
,""" southwesterly having a radius of 1640.26 feet through a central angle of 64o~
and being subtended by a chord which bears North 48°50'02' West 17.· L2O'
lvl, l~t ~ l~ ~,~ V~
AP 7'1999
8) North 81°13'22" West 737.85 feet;
thence leaving said plat boundary North 00003'39" West 707.85 feet;
thence South 89°33'32" East 336.81 feet;
thence North 00026'28.. East 180.64 feet;
thence northerly 37.60 feet along the arc of a circular curve concave easterly having a
radius of 130.00 feet through a central angle of 16o34. 19" and being subtended by a chord
which bears North 08°43'37'' Fast 37.47 feet;
thence North 17000'47.. Fast 181.41 feet;
thence northweste~y 654.92 feet along the arc of a circular curve concave southwesterly
having a radius of 395.00 feet through a central angle of 94059'52" and being subtended by
a chord which bears North 30°29'09" West 582.44 feel
thence North 77059'05" West 144.30 feet;
thence northweste~y 418.87 feet along the arc of a circular curve concave northeasterly
having a radius of 800.00 feet through a central angle of 29°59'57" and being subtended by
a chord which bears North 62°59'06" West 414.10 feet
thence North 47°59'08" West 100.03 feet;
thence weste~y 615.18 feet along the arc of a circular curve concave southe~y having a
radius of 826.09 feet through a central angle of 4?40'04" and being subtended by a chord
which bears North 69019. 10" West 601.07 feet;
thence South 89°20'48" West 204.55 feet to the west line of said Section 34, and the east
right-of-way line of U.S. 41;
thence along said line Noah 00o39'20.. West 665.92 feet to the Point of Beginning;
LESS AND EXCEPT all that part of Pelican Marsh Unit Five as recorded in Plat Book
22, pages 88 through 89 Public Records of Collier County, Florida being more
particular described as follows;
BEGINNING at the northwesterly corner of said Pelican Marsh Unit Five;
thence along the boundary of said Pelican Marsh Unit Five South 89o33'32'' East
306.56 feet to a point on the west line of Tract WF-1 (Drainage Easement) according to
the Plat of Grand Isle at Pelican Marsh, Plat Book 24, pages 67 through 70, Public
Records of Collier County, Florida;
thence along said line South 00°00'00'' East 481.17 feet to a point on the north line of
Tract "B" (Vanderbilt Beach Road) according to the Plat of Pelican Marsh Unit Five,
Plat Book 22, pages 88 through 89, Public Records of Collier County, Florida;
thence southwesterly, 306.37 feet along the arc of a non-tangential circular curve
concave to the southeast, having a radius of 2430.00, through a central angle of
07° 13'26" and being subtended by a chord which bears South 88° 15' 16'' West 306.17
feet to a point on the boundary of said Pelican Marsh Unit Five; AC, EUOA rrEM
thence along said line North 00003'39'' West 492.87 feet to the POINT OF ~.~,~
BEGINNING of the parcel herein described;
Containing 3.40 acres more or less; MAY 1
Subject to easements and restrictions of record.
Bearings are based on the north line of said Pelican Marsh Unit Five being
89°33'32' East.
1-2
containing 573.98 acres more or less;
subject to easements and restrictions of record;
TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL:
All that part of Section 27, Township 48 South, Range 25 East, Collier County, Hofida
being more particularly described as follows:
Commencing at the west 1/4 comer of said Section 27;
thence along said west line North 00039. 12" West 827.69 feet;
thence leaving said line North 89020'45" East 577.78 feet to the POINT OF BEGINNING
of the parcel herein described;
thence North 57047'59.' Fast 46.92 feet;
thence North 68°35'21" East 110.88 feet;
thence North 00039' 12" West 187.52 feet;
thence North 77043'40" East 573.08 feet;
thence South 72059'03'. Fast 785.48 feet;
thence South 00039' 15" Fast 27.71 feet;
thence North 89020'45" East 503.78 feet;
thence South 00039' 15" East 100.64 feet;
thence South 89°20'45" West 1957.22 feet to the Point of Beginning of the parcel heroin
described;
Subject to easements and restrictions of record.
Containing 9.5 acres more or less.
Bearings are based on the west line of said Section 27 as being North 00°39' 12" West;
AND LESS THE FOLLOWING THREE (3) DESCRIBED PARCELS:
All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida and
being more particularly described as follows:
Commencing at the west one quarter comer Section 27, Township 48 South, Range 25
East;
thence along the west line of said Section 27 Nc~:h 00°39' 12" West 827.69 feet;
thence leaving said section line North 89°20'45" Fa-~t 55.00 feet to the Point of Beginning
of the area thereon described;
JAGENDA ITE,M
thence North 89o20'45" ~t 366.45 feet;
thence South {X)°39' 15"
thence south~,stefiy 47.35 feet ~on~ the arc of a non-tangential circ~ar curve conc~ye ~Ay 1 I 1999
southwesterly havin~ a ra~us oE 70.00 fc~.t tJu'ou~h a cen~ antic of o , , ·
curvature; { . 30 _
~" AC_,ENDA
thence southerly 259.53 feet along the arc of a circular curve concave westerly having a
radius of 197.21 feet through a central angle of 75024'06" and being subtended by a chord
which bears South 07°14'23" East 241.20 feet to a point of reverse curvature;
thence southerly 151.40 feet along the arc of a circular curve concave easterly having a
radius of 130.00 feet through a central angle of 66043'37" and being subtended by a chord
which bears South 02054'07" East 142.99 feet to a point of reverse curvature;
thence southerly 120.22 feet along the arc of a circular curve concave westerly having a
radius of 70.00 feet through a central angle of 98024' 12" and being subtended by a chord
which bears South 12056' 10" West 105.98 feet;
thence South 62008' 16" West 75.07 feet;
thence southerly 48.75 feet along the arc of a circular curve concave easterly having a
radius of 30.00 feet through a central angle of 93006' 13" and being subtended by a chord
which bears South 15°35'10" West 43.56 feet;
thence along South 30057'58" East 34.79 feet;
thence southerly 19.94 feet along the arc of a circular curve concave weste~y having a
radius of 80.00 feet through a central angle of 14016'43" and being subtended by a chord
which bears South 23049'37" East 19.89 feet;
thence along a non-tangential line South 84013' 14" East 158.41 feet;
thence South 80055'24'' East 183.78 feet;
thence South 81°52'51" East 180.90 feet;
thence South 00°00'00" East 261.28 feet;
thence North 90000'00" West 394.57 feet;
thence North 00°00'00'' F_~_st 271.73 feet;
thence North 84°13'14" West 120.32 feet;
thence South 33°05 '40" West 54.13 feet;
thence South 76°56'51" West 89.04 feet;
thence North 58°35'21" West 65.19 feet;
thence North 15°31 '55" West 74.80 feet;
thence North 00°41 '41" West 115.24 feet;
thence North 28022'47" East 171.51 feet;
thence North 17°11 '45" West 106.79 feet;
thence North 13002'52" East 28.51 feet;
thence North 73o36. 14" West 54.78 feet;
thence South 49° 16'08" West 112.78 feet;
thence South 89047'08.. West 53.08 feet;
thence North 58000'49" West 50.49 feet;
thence North 00039, 12" West 303.49 feet to the Point of Beginning of the area heroin AGF_NDA ITEM
described; No.
Containing 7.8 acres more or less;
Subject to easements and restrictions of record;
Bearings are based on the west line of Section 27, Township 48 South, Range 25 East
Collier County, Florida being NOrth 00°39' 12" West; Pg.
4/16/99-57069 V~- 01 !-MPEILR. Y
/
All that part of Section 27, Township 48 South, Range 25 East, Collier County, Horida
being more particularly described as follows:
Commencing at the west 1/4 comer of said Section 27;
thence along said west line North 00o39. 12" West 827.69 feet;
thence leaving said line North 89°20'45'' East 2469.55 feet to the POINT OF BEGINNING
of the parcel herein described;
thence continue North 89020'45" East 787.88 feet;
thence South 84o45'32" West 23.43 feet;
thence South 74°56'42' West 121.32 feet;
thence South 79°49'51" West 45.93 feet;
thence westerly 45.51 feet along the arc of a tangential circular curve concave to the north
having a radius of 66.00 feet through a central angle of 39o30' 16" and being subtended by a
chord which bears North 80°25'01" West 44.61 feet to a point of reverse curvature;
thence northwesterly 52.92 feet along the arc of a tangential circular curve concave to the
south having a radius of 150.00 feet through a central angle of 20012'57" and being
subtended by a chord which bears North 70°46'21'' West 52.65 feet;
thence North 80052'50'' West 36.59 feet;
thence westerly 46.17 feet along the arc of a tangential circular curve concave to the south
having a radius of 80.00 feet through a central angle of 33°04' 13" and being subtended by a
chord which bears South 82°35 '04" West 45.54 feet to a point of reverse curvature;
thence westerly 38.16 feet along the arc of a tangential circular curve concave to the north
having a radius of 60.00 feet through a central angle of 36o26' 18" and being subtended by a
chord which bears South 84016'06.' West 37.52 feet to a point of reverse curvature;
thence westerly 68.84 feet along the arc of a tangential circular curve concave to the south
having a radius of 305.00 feet through a central angle of 12°55 '58" and being subtended by
a chord which bears North 83°58'44'' West 68.70 feet;
thence South 89033' 17" West 18.36 feet;
thence South 89°39'11" West 71.63 feet;
thence North 89035'03" West 36.03 feet;
thence South 86006'33" West 42.94 feet;
thence South 83°44'08" West 26.23 feet;
thence South 51°01 '05" West 27.49 feet;
thence South 33025'42" West 19.95 feet;
thence South 15°39'57' West 20.54 feet; ~' ~aruoA rrtu"'
thence South 10°54'31. West 34.64 feet;
thence South 89020'06'' West 101.06 feet;
thence North 10°45'58" Fa~t 101.42 feet to the Point of Beginning of the parcel he rein[.!~v, I I 1999
described;
Subject to easements and restrictions of record.
Containing 0.48 acres more or less. L ....
Bearings are based on the west line of said Section 27 as being North 00039' [2 9/SLI~,A ~rd~ ·
i
~0t~s-~-~-~oc-2:~1-5
and
All that part of Section 27, Township 48 South, Range 25 F~ast, Collier County, Horida
being more particularly described as follows:
Commencing at the west 1/4 comer of said Section 27;
thence along said west line North 00°39' 12" West 827.69 feet;
thence leaving said line North 89020'45. East 3401.12 feet to the POINT OF BEGINNING
of the parcel herein described;
thence continue North 89°20'45'' F-~st 443.43 feet;
thence South 05o34'48" F-~st 147.72 feet;
thence South 89o20'45" West 51.56 feet;
thence North 23°56'01'' West 13.07 feet;
thence northerly 30.72 feet along the arc of a tangential circular curve concave to the east
having a radius of 80.00 feet through a central angle of 21°59'5Y and being subtend~ by a
chord which bears North 12056'04" West 30.53 feet;
thence North 05°01 '01' West 31.56 feet;
thence North 36o19'27. West 32.02 feet;
thence North 56004'43" West 35.11 feet;
thence North 80o39'23. West 32.53 feet;
thence North 88o39'20. West 97.78 feet;
thence North 86°04'48" West 45.79 feet;
thence North 89°49'56' West 132.77 feet;
thence North 69°40. 18' West 37.23 feet to the Point of Beginning of the parcel herein
described;
Subject to easements and restrictions of record.
Containing 0.38 acres more or less.
Bearings are based on the west line of said Section 27 as being North 00039' 12" West;
AND TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL;
BEGINNING at the northwest comer of said Section 35;
thence along the north line of said Section 35 North 89045'35. East 5231.69 feet to the
west right-of-way line of Airport-Pulling Road (C.R. 31);
thence along said westerly right-of-way line South 00°31 '47" F~.~t 5258.31 feet to the south
line of said Section 35;
thence along said south line South 89o39'22" West 2541.65 feet to the south 1/4 comer of
said Section 35; AC, r_~A ITEM
thence continue along said south line South 89039'32" West 2641.33 feet to the sc ~th~.t
comer of said Section 35;
thence along the south line of said Section 34 South 89051'02" West 391.57 fee: to hll~Y 11 1999
boundary line of a parcel described in O.R. Book 524, page 121 of the Public Re~ ords of
Collier County, Horida;
thence along the boundary of said parcel North 01°03'33' West 295.29 feet AGENOA
thence continue along the boundary of said parcel South 89°51'0'2'' West 443.28 feet to the
easterly right-of-way line of proposed Goodlette-Frank Road as recorded in Plat Book 13,
page 58 of the Public Records of Collier County, Florida;
thence along said easterly right-of-way line North 07°09'08" East 1729.52 feet;
thence continue along said easterly right-of-way line northerly 649.69 feet along the arc of a
circular curve concave westerly having a radit~s of 2929.93 feet through a central angle of
12042, 18" and being subtended by a chord which bears ~,~ .~rth 00°47'59'' East 648.37 feet;
thence continue along said right-of-way line North 05033. 10~ West 2628.44 feet to a point
on the north line of said Section 34;
thence leaving said right-of-way line and ~,ong the north line of said Section 34 South
89°31 '31" East 772.91 feet to the Point of Beginning;
containing 708.39 acres more or less;
subject to easements and restrictions of record;
AND TOGETI-IER WITH THE FOLLOWING DESCRIBED PARCEL
BEGENNING at the northeast comer of said Section 36;
thence along the east line of said Section, South 02°12'0Y
East 2671.63 feet to the east 1/4 comer of said Section 36; thence continue along the east
line of said Section 36 South 02°06'28' East 2519.08 feet to a point on the northerly right-
of-way line of Vanderbilt Beach Road;
thence along said northerly right-of-way line North 89°39'39' West 2855.35 feet;
thence continue along said line North 89043'59. West 2544.87 feet to a point on the
easte~y right-of-way line of Airport-Pulling Road (C.R. 31);
thence along said easterly right-of-way line North 00°31'47'' West 4490.03 feet to the
southwest comer of the east 15 feet of the west 115 feet of the south 80 feet of the north
619.49 feet of said Section 36;
thence along the south line of said land North 89°27'57' F-~t 15.00 feet;
thence along the east line of said land North 00°31 '47' West 80.00 feet;
thence along the north line of said land South 89°27'57' West 15.00 feet to the east right-
of-way line of Airport Road (C.R. 31);
thence along said right-of-way North 00°31 '47" West 539.49 feet to the north line of said
Section 36;
thence along said north line North 89027'57. East 3914.28 feet to the southwest comer of
the east 1/2 of the east 1/2 of said Section 25;
thence along the west line of the east 1/2 of the east 1/2 of said Section 25 North 01054'09.'
West 2668.19 feet;
thence continue along the west line of the east 1/2 of the east 1/2 of said Section 25 North
01°57. 16" West 2567.06 feet to a point on the souLhefty right-of-way line of Immokalee
Road (C.R. 846);
thence along said right-of-way North 89°14'36' East 1325.57 feet to the east line of said
Section 25;
thence along said east line of Section 25 South 02°00 ~9" ~.l~J;_~ fee to the east 1/4
comer of Section 25; '
"°'~-~'~'~:":'~' ~-7 pg.._~-~ _
thence continue along said east line of Section 25 South 02000'46" East 2670.97 feet to the
Point of Beginning;
containing 789.67 acres more or less;
total parcel contains 2076.28 2,072.88 acres more or less;
subject to easements and restrictions of record;
bearings are based on the State Plane Coordinates 1983 datum 1990 adjustment, the north
line of Section 35, being North 89045'35" East.
1.1 PROPERTY OWN~r_,RSHIP
The subject property is currently under the equitable ownership or control of WCI
Communities, L.P., whose address is 24301 Walden Center Drive, Bonita Springs, Horida
34134. Detailed ownership information is provided on Attachment 4-1 of the Pelican
Marsh Community Application for Development Approval.
1.2 GENERAL DESCRIFFION OF PROPERTY
A. The project site is located in Sections 25, 27, 34, 35, & 36 Township 48 South,
Range 25 East, and is generally bordered on the west by Tamiami Trail North (U. S.
41); on the north by undeveloped land, Victoria Park Subdivision, Crescent Lake
Estates, Four Seasons and Immokalee Road (C.R. 846); on the east by the future
Livingston Road; and on the south by Pine Ridge Subdivision and Vanderbilt Beach
Road, Monterey PUD, Emerald Lakes P UD, and Vineyards PUD. The location of
the site is shown on Map A of the Pelican Marsh Community Application for
Development Approval.
B. The zoning classification of the subject property as of this submittal is PUD
(Planned Unit Development), A (Rural Agricultural) and A-ST.
C. Elevations within the site range from 6' to 14' above mean sea level with an average
of approximately 11.0 feet. Per FEMA Firm Map Panels Nos. 120067-0193D,
0195D, 0381D, and 0385D dated June 3, 1986, the Pelican Marsh property is
located within both zones "AE" and "X" . Topographic mapping is shown on Map
C of the Pelican Marsh Community Application for Development Approval.
D. The soil types on the site generally include Immokalee fine sand; Myakka fine sand;
Hallandale fine sand, Pineda fine sand, limestone substratum, Basinget fine sand;
Fort Drum and Malabar high fine sands; Boca fine sand; Chobee, Winder and
Gator, depressional; Holopaw and Okeelanta soils depressional; Boca, Riviera,
limestone substratum; Copeland fine sand; Holopaw fine sand; Urban Land; Urban
l~nd Holopaw Basinger Complex; Urban Land Immokalee Oldsmar Limestone
Substratum complex; Satellite fine sand; and Urban [arid Satellite Complex. Soil
AGENDA ITrr-ld
Conservation Service mapping of soft types is shown on Map E of the Pelican
Marsh Community Application for Development Approval.
E. Prior to development, vegetation on site primarily consisted of agricultural fields,
(active and abandoned) including agricultural facilities, pine flatwoods, Brazilian
Pepper, and Melaleuca dominated areas, Cypress and mixed pine and Cypress,
disturbed areas, and Saw Palmeuo prairies. Detailed vegetation mapping is shown
on Map F of the Pelican Marsh Community Application for Development
Approval.
F. The project site is located wig the Cocohatchee River Bagin as depicted within the
Collier County Drainage Arias (1993). The general surface drainage pattern of the
site west of Airport Road runs in a south to north direction into the Pine Ridge
,2anal. The drainage pattern of the site east of Airport Road runs in a east to west
direction into the Airport Road Canal. Both canals eventually discharge into the
Cocohatchee River. The Stormwater Management Master Plan is shown on Map I
of the Pelican Marsh Community Application for Development Appwval.
1.3 DEVELOPNIENT OF REGIONAL IMPACT
Due to its scope, the Pelican Marsh Community has been reviewed and appwved by Collier
County pursuant to Section 380.06, Horida Statutes, as a Development of Regional Impact
(DRD. Developer has also received approval from the Horida Department of Community
Affairs (DCA) for an application for a Preliminary Development Agreement (PDA)
encompassing 1,086.5 acres of the Pelican Marsh Community. This approval provided the
State's authorization for the commencement and development of the first phase of the
community, which is below 80% of any applicable DRI threshold.
1.4 DENSITY
Acreage of the Pelican Marsh Community is approximately 2072.88 acres and the number
of dwelling units authorized to be built pursuant to this PUD is 5100. The gross project
density, therefore, will be a maximum of 2.5 units per acre.
At all times all property included within the Pelican Marsh Community shall be included in
determining project density including property reserved or dedicated for public uses, such
as, but not limited to, public roadways. AGEnO^
MAY 11 1999
~.....,,,.
AG~A I'I'F..M
·
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NOI3(~OBI.-OO2-PNOC-22791
SECTION H
PROJECT DEVELO PNIF2qT
2.1 PURPOSE
The purpose of this Section is to generally describe the plan of development for Pelican
Marsh Community, and to identify relationships to applicable County ordinances, policies,
and procedures.
2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
Pelican Marsh Community, a private community, will include a broad range of single
family and multi-family housing, 63 holes of golf with clubhouses and other associated
facilities, a master planned activity center including a resort hotel and cultural facilities,
stormwater management lakes, open spaces, and reserve areas.
The Master Plan is iljustrated graphically on WMB&P, Inc. File No. RZ-219-H. A Land
Use Summary indicating approximate land use acreages is shown on the plan. The
location, size, and configuration of individual tracts shall be determined at the time of
Preliminary Subdivision Plat approval with minor adjustments at the time of Final Plat
approval, in accordance with Article 3, Division 3.2, Section 3.2.7, of the Collier County
Land Development Code.
GENERAL COMPLIANCE WITH COUNTY ORDINANCES
A. Regulations for development of Pelican Marsh Community shall be in accordance
with the contents of this PUD Ordinance and applicable sections of the Collier
County Land Development Code (to the extent they are not inconsistent with this
PUD Ordinance) which am 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, Final Site
Development Plan, Excavation Permit and Preliminary Work Authorization.
Preliminary Work Authorization was approved by the Board of County
Commissioners on May 20, 1993 and amended on April 19, 1994. Where this
PUD Ordinance or subsequently adopted Community Design Guidelines and
Standards fail to provide developmental standards, then the provisions of the most
similar zoning district or section of the Collier County Land Development 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 Collier
County Land Development Code in effect at ' ent order
~ application. no./,;.(/~'~c~- [ AC~ENDAfrEM
C. Development permitted by the approval of this PUD will be subject to a
concurrency review under the Adequate Public Facilities Ordinance Article 3,
Division 3.15 of the Collier County Land Development Code.
D. Unless modified, waived or excepted by this PUD or by subsequent request, the
provisions of other applicable sections of the Land Development Code remain in
effect with respect to the development of the land which comprises this PUD.
E. All conditions imposed herein or as represented on the Pelican Marsh Community
Master Plan are part of the regulations which govem the manner in which the land
may be developed.
F. The Subdivisions Division of the Collier County Land Development Code (Article
3, Division 3.2) shall apply to Pelican Marsh Community, except where an
exemption is set forth herein or otherwise granted pursuant to Land Development
Code Section 3.2.4.
G. The Site Development Plans Division of the Collier County land Development
Code (Article 3, Division 3.3) shall apply to Pelican Marsh Community, except
where an exemption is set forth herein or otherwise granted pursuant to land
Development Code Section 3.3.4.
2.4 COMMUNITY DEVELOPMENT DISTRICT
The developer has established the Pelican Marsh Community Development District
(PMCDD) to design, construct, manage, and maintain infrastructure and community
facilities needed to serve the Project. The PMCDD constitutes a timely, efficient, effective,
responsive and economic way to ensure the provision of facilities and infrastructure for the
proposed development. Such infrastructure as may be cc. nstructed, managed and financed
by the PMCDD shall be subject to, and shall not be inconsistent with, the Collier County
Growth Management Plan and all applicable ordinances dealing with planning and
permitting of the Pelican Marsh Community.
The land area is amenable to infrastructure provision by a disU'ict that has the powers set
forth in the charter of a Community Development District under Section 190:006 through
190.12141, Florida Statutes. Such a district is a legitimate alternative available both to the
County and to the landowner for the timely and sustained provision of quality infrastructure
under the terms and conditions of County development approval.
2.5 ROADWAYS
Roadways within the Pelican Marsh Community ~: incl~le~tr-:~e ol the PMCDD
/,
~16,n)9-57~9 Vgt 01!-MPEKRY
2-2 MAY 11 1999
L
applicable provisions of Collier County Land Development Code regulating subdivisions,
unless otherwise modified, waived or excepteft by this PUD or approved during Preliminary
Subdivision Plat approval. The Developer reserves the right to request substitutions to
Code design standards in accordance with Article 3, Division 3.2., Section 3.2.7.2 of the
Collier County Land Development Code. The Developer, also reserves the right to
establish gates, guardhouses, and other access controls as may be deemed appropriate by the
Developer on all privately owned and maintained project roadways.
2.6 LAKE SETBACK AND EXCAVATION
The lake setback requirements described in Article 3, Division 3.5, Section 3.5.7.1 of the
Collier County Land Development Code may be reduced with the administrative approval
of the Collier County Development Services Director and the Pelican Marsh Design Review
Committee (PMDRC). All lakes greater than two (2) acres may be excavated to the
maximum commercial excavation depths set forth in Section 3.5.7.3.1., however removal
of fill from Pelican Marsh Community shall be limited to an amount up to 10 percent per
lake (to a maximum of 20,000 cubic yards) of the total volume excavated unless a
commercial excavation permit is received.
2.7 USE OF RIGHTS-OF-WAY
Utilization of lands within all project rights-of-way for landscaping, decorative entrance
ways, and signage may be allowed subject to review and administrative approval by the
Developer and the Collier County Development Services Director for engineering and
safety considerations during the development review process and prior to any installations.
2.8 MODEL HOMES/SALES CENTERS
Model homes, sales centers and other uses and structures related to the promotion and sale
of real estate such as, but not limited to, pavilions, viewing platforms, gazebos, parking
areas, tents, and signs, shall be permitted principal uses throughout Pelican Marsh
Community subject to the requirements of Article 2, Division 2.6, Section 2.6.33.4 and
Article 3, Division 3.2, Section 3.2.6.3.6, of the Collier County Land Development Code.
2.9 CHANGES AND A~IF__2NDMENTS TO PUD DOCUNIENT OR PUD MASTER PLAN
Changes and amendments may be made to this PUD Ordinance or PUD M: qter Plan
provided in Article 2, Division 2.7, Section 2.7.3.5 of the Collier C
~un c.,f:~s/~/,
Development Code. Minor changes and refinements as described in Sectioj 8.
PUD document may be made in connection with any type of developme ~t o[/IAx~r
application required by the Collier County Land Development Code.
OI!-MPEP,.RY
NOI3f~,-O~I..~-PlqOC-ZT~)I
2.10 CO~I~ION AREA MAINTENANCE
Most common area maintenance will be provided by the PMCDD. The PMCDD is a
legitimate alternative for the timely and sustained provision of quality common area
infrastructure and maintenance under the terms and conditions of a County development
approval. For those areas not maintained by the PMCDD, the Developer has created a
property owners association or associations, whose functions shall include provision for the
perpetual maintenance of common facilities and open spaces. The PMCDD or the properly
owners association, as applicable, shall be responsible for the operation, maintenance, and
management of the surface water and stormwater management systems and reserves serving
Pelican Marsh Community, in accordance with the provisions of Collier County Ordinance
9048 and Resolution 90-292, together with any applicable permits from the Florida
Department of Environmental Regulation, U.S. Army Corps of Engineers, and South
Florida Water Management District.
2.11 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS
Landscape buffers, berms, fences and walls are generally permitted as a principal use
throughout Pelican Marsh Community. The following standards shall apply:
A. Landscape berms shall have the following maximum side slopes:
1. Grassed berms 3:1
2. Ground covered berms 2:1
3. Rip-Rap berms 1: 1
4. Structural walled berms - vertical
B. Fence or wall maximum height: six feet (6'), as measured from the finished grade
of the Found at the base of the fence or wall. For the purpose of this provision,
finished grade shall be considered to be no greater than eighteen inches (18") above
the highest crown elevation of the nearest existing road unless the fence or wall is
constructed on a perimeter landscape berm. In these cases the wall shall not exceed
six feet (6') in height from the top of berm elevation for berm elevation with an
average side slope of 4:1 or less, and shall not exceed four feet (4') in height from
the top of berm elevation for berms with an average side slope of greater than 4: I
(i.e. 3: 1).
C. Landscape buffers, berms, fences and walls may be constructed along the perimeter
of the Pelican Marsh Community PUD boundary prior to preliminary subdivision
plat and site development plan submittal. All such areas must be included in a
landscape easement on final plats, or in a separate recorded instrument.
D. Fences and walls which are an integral part of security and a~ control structures
>t 0enat01ltt~lr~'~e h~ght imita~'
such as gate houses and control gates shall 4Z'0 ~
1/16/99-57069 Vet 01?-MPEKRY
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MAY 11 1999 APR 1999
Pg._ - .
--- forth under 2.11 B, and shall be govemed by the height limitations for principal
structures of the district in which they are located. In the case of access control
structures within right-of-ways adjoining two or more different districts, the more
restrictive height standard shall apply.
E. Pedestrian sidewalks and/or bike paths, water management systems and drainage
may be allowed in landscape buffers subject to review and approval by the
PMDRC.
2.12 FIIJ~ STORAGE
Fill storage is generally permitted as a principal use throughout Pelican Marsh Community.
Fill material generated from properties owned or leased by the developer may be
transported and stockpiled within areas which have been disturbed/farmed. Prior to
stockpig in these locations, a Letter of Notification along with plans showing the
locations and cross-sections shall be submitted to Collier County Engineering Review
Services for review and approval. The following standards shall apply:
A. Stockpile maximum side slope 3:1
B. Stockpile maximum height: thirty-five feet (35')
C. Fill storage areas shall be screened with a security fence at least six feet (6') in
height above ground level.
D. .The following FLUCCS Code lands as shown on Map F of the Pelican Marsh
Community Application for Development Approval may be used for fill storage:
200, 212, 214, 422, 424, 740.
E. Fill storage in excess of five feet (5 ') in height shall be located no closer than three
hundred feet (300') from any developed residential properties.
F. Soil erosion control shall be provided in accordance with Collier County I_~nd
Development Code Division 3.7.
G. '--'ill storage shall not be permitted in at,-~ occupied by threatened or endangered
:ix.'cies unless an approved management plan permits such use.
MAY 11 1999
AGENDAITTr..M//
-J"~Oe) 'Vet: 01f-MPER, KY
2.13 DESIGN GUIDEI.INES AND STANDARDS
The Collier County Planned Unit Development District is intended to encourage ingenuity,
innovation and imagination in the planning, design and devdopment or redevelopment of
relatively large tracts of land under unified ownership or control, as set forth in the Collier
County Land Development Code, Article 2, Division 2.2, Section 2.2.20.1.
Pelican Marsh Community is planned as a private, large-scale, functionally interrelated
community under unified control, to be developed over an extended time period. Developer
has established community-wide design guidelines and standards to ensure a high and
consistent level of quality for community features and facilities, which include features and
facilities such as landscaping, bardscape, waterscapes, signage, lighting, pedestrian systems,
bicycle paths, pavement treatments, roadway medians, fences, wails, buffers, bernas and
other similar facilities. Upon approval of specific design guidelines and standards by
Collier County and Developer, those guidelines shall be considered as supplemental
standards or requirements of this Planned Unit Development Ordinance.
Developer will also establish supplemental design guidelines :rod standards by means of
recorded covenants, conditions, and restrictions, the existence of which shall be noted on
the Final Subdivision Plat or Final Site Development Plan. Said covenants, conditions and
restrictions shall provide that prior to submittal of an application for Preliminary
Subdivision Plat, Final Subdivision Plat or Site Development Plan Application to Collier
County, an applicant must first submit the application to PMDRC for review and approval.
Collier County shall not accept any such application for processing unless it is accompanied
by a letter indicating Developer' s review and approval.
2.14 REQUIRED ENVIRONMF_2qTAL PERNIrrS
Where the development of land within this Planned Unit Development requires a permit
from a local, state, or Federal Agency with jurisdiction over the property (regulating
agency) proposed for development, then the Developer shall obtain such permits as may be
required prior to the commencement of construction or alteration of the land specifically
requiting such permit. Where such regulating agency issues a permit, Collier County shall
not impose conditions, exactions or modifications that are in conflict with or exceed the
requirements of the issued permit, provided that Collier County may impose conditions that
exceed and are not in conflict with the issued permit if Collier County's reguiatory
jurisdiction as provided in the Collier County Growth Management Plan and Land
Development Code exceeds that of the other regulating agencies. In such a case, Collier
County's environmental permitting guidelines and requirements shall control relative to the
specific County permit only.
Construction approvals from Collier County may be phased to allow construction of
portions of a particular use that do not impact lands which require an environmental permit,
provided that such environmental permits have! x~en ~etl~ and ire under process by
MAY 11 1999
the appropriate agencies, and subject to the understanding that it is the Developer's sole risk
if such permits are not finally issued to allow completion of the proposed use.
2.15 PRELIMINARY SUBDIVISION PLAT PHASING
Due to the size and anticipated build-out period of Pelican Marsh Community, submission,
review, and approval of Preliminary Subdivision Plats for the project may be accomplished
in phases to correspond with the planned development of the property.
2.16 GENERAL PERM1TIED USES
Certain uses sEall be considered general permitted uses throughout the Pelican Marsh
Community PUD except in Reserve District. General permitted uses are those uses which
generally serve the Developer and residents of Pelican Marsh Community and are typically
part of the common infrastructure or are considered community facilities.
A. General Permitted Uses:
1. Essential services as set forth under Collier County Land Development
Code, Section 2.6.9.1.
..~ 2. Water management facilities and related structures.
3. Temporary sewage treatment facilities.
4. Lakes including lakes with bulkheads or other architectural or structural
bank treatments.
5. Guardhouses, gatehouses, and access control structures.
6. Community and neighborhood parks, recreational facilities, community
centers.
7. 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.
8. Landscape features including, but not limited to, landscape buff =r~, ill~l]l}~ rrEu
fences and walls subject to the standards set forth in Section 11 ~ this/~_)
PUD.
MAY 11 1999
9. FiLl storage subject to the standards set forth in Section 2.12 of tl PUD.
10. Any other use which is comparable in nature with the foregoing' uses and
which the Development Services Director determines to be compatible.
B. Development Standards:
Unless otherwise set forth in this document, the following development standards
shall apply to structures:
1. Setback from back of curb or edge of pavement of any road - fifteen feet
(15') except for guard houses, gatehouses, and access control structures
which shall have no required setback.
2. Setback from property lines - one half (a/i) the height of the structure.
3. Minimum distance between structures which are part of an architecturally
unified grouping - five feet (5').
4. Minimum distance between unrelated structures - ten feet (10').
5. Maximum height of structures - twenty-five feet (25 ').
6. Minimum floor area - None required.
7. Minimum lot or parcel area - None required.
8. Sidewalks, bikepaths, and cart paths may occur within County required
buffers; however the width of the required buffer shall be increased
proportionately to the width of the paved surface of the sidewalk, bikepath,
or cartpath.
9. Standards for parking, landscaping, signs and other land uses where such
standards are not specified herein or within adopted Pelican Marsh
Community design guidelines and standards, are to be in accordance with
Collier County Land Development Code in effect at the time of Site
Development Plan Approval.
2.17 OPEN SPACE REQUIREMERrS
The PUD Master Plan identifies approximately 1213.7_acres included in the Golf
Course/Recreation and Open Space District, Reserve District, lake, and miscellaneous open
space/buffer designations. These areas, in conjunction with open space areas included
within the Residential District, fully satisfy the open space requirements of Article 2,
Division 2.6, Section 2.6.27 and Section 2.6. ,2 ''~ "'~ ""::~-'C'oX~ tty l~and Development
4/1(~'99-57069 V~. 01 !-MPER.RY
MAY 11 1999
,,,
2.18 NATIVE VEGETATION RETENTION REQUIREMENTS
Pursuant to Policy 6.4.6 of the Conservation and Coastal Management Element of the
Collier County Growth Management Plan, 25 % of the viable naturally functioning native
vegetation on site shall be retained. The total area of viable natural functioning native
vegetation within the PUD boundary is 871.9 acres, therefore 218.0 acres are required to be
retained. This requirement is fully satisfied within the Reserve District and no further
preservation is required.
2.19 SIGNAGE
A. All Collier County sign regulations in force at the time of approval of this PUD rezoning
action shall apply unless such regulations are in conflict with the conditions set forth in this
Section, in which case the PUD Document shall govern.
B. Boundary marker monuments containing project identification signs designed to promote the
project or any major use within the project shall be permitted along the project boundaries
on U.S. 41, Goodlette-Frank Road, Vanderbilt Beach Road, Airport Road, and future
Livingston Road. V-type boundary marker monuments shall be permitted only at
intersections.
C. A maximum of ten (10) boundary marker monuments shall be permitted.
D. The sign face area of each side of the boundary marker monument may not exceed 64
square feet. The edges of any sign face may not extend above the top or beyond the corner
edge of any boundary marker monument on which it is located. If the boundary marker
monument is two-sided, each sign face may not exceed 64 square feet of area.
E. F_ach side of a boundary marker monument may contain up to four (4) individual project,
business or direction identifications (mes_e,a_ge areas), as long as the total sign face area does
not exceed 64 square feet of area. The size of the words, letters, graphics, and the
typography and color scheme used in each individual project, business, or directional
identification on a sign on a boundary marker monument shall be similar to and consistent
with the other identifications placed on the same boundary marker monument.
F. Entrance signs may be located at each entrance to the project and may be one, two or three-
sided. Such signs may conlain up to four (4) individual project, business or direction
identifications (message m) per side, as long as the total sign face on each side does not
exceed 64 square feet of area. Where a three-sided sign is utilized, the third sign side shall
face internal to the development and the sign message area shall not exceed 10 square feet.
The size of words, letters, graphics, and the typography and color scheme used in each
individual project, business or directional identi~catiorl on an ,,.n .'- ,.,'~_ sign shall be similar
MAY 11 1999
to and consistent with the other identifications placed on the same sign. A maximum of two
1-sided, one 2-sided, or one 3-sided entrance signs may be permitted at each entrance.
G. Boundary marker monuments and entrance signs may not exceed a height of 8 feet above
the crown of the nearest road, unless the sign (or wall containing the sign) is constructed on
a perimeter landscape berm, in which case the sign shall not exceed a height of 8 feet.
H. Boundary marker monuments and entrance signs may be lighted provided all lights are
directed to the sign or are shielded.
AGENDA ITEM
NAY 11 1999
Pg. ~
AGENDA ITEM
,I/I fa/99-5'~(~) V~ OI !-MPERRY
........ 2-10 '
NO136-081-002-PNOC-22~I
SECTION lII
RESIDENTIAL LAND USE DISTRICT
3.1 PURPOSE
The purpose of this Section is to identify permitted uses and development standards for
areas within Pelican Marsh Community designated on the Master Plan as "R."
3.2 MAXIMUM DWEI,I,ING UNITS
A maximum number of 5100 residential dwelling units may be constructed on lands
designated "R."
3.3 GENERAL DESCRDvFION
Areas designated as "R" on the Master Plan are designed to accommodate a full range of
residential dwelling types, compatible non-residential uses, a full range of recreational and
educational facilities, essential services, and customary accessory uses.
The approximate acreage of the "R" district is indicated on the PUD Master Plan. This
acreage is based on conceptual designs and is approximate. Actual acreages of all
development tracts will be provided at the time of Site Development Plan or Preliminary
Subdivision Plat approvals in accordance with Article 3, Division 3.3, and Division 3.2
respectively, of the Collier County Land Development Code. Residential tracts are
designed to accommodate internal roadways, open spaces, parks and amenity areas, lakes
and water management facilities, and other similar uses found in residential areas.
3.4 PERMITtED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or land used, in
whole or part, for other than the following:
A. Principal Uses:
1. Single Family Detached Dwellings.
A~IDA ITEM
2. Single Family Patio and Zero Lot Line Dwellings.
3. Two-family and Duplex Dwellings. MAY 1 ) 1999
4. Single Family Attached and Townhouse Dwellings.
5. Multi-Family Dwellings including Garden Apartments.
6. Churches and other places of worship, subject to Collier County staff
administrative approval during Site Development Plan review to address site
location, size, ingress and egress, and buffering requirements, and subject to
the Multi-family Development Standards set forth in Table I.
7. Schools (public or private).
8. Assisted Living Facilities, Group Care Facilities (Category I and ID, Care
Units, Nursing Homes, and Family Care Facilities (collectively ALF) only
east of Airport Road.
9. Rental Residential Units
Up to 50 residential units which shall not be subject to the definition of
"dwelling, multiple-family," contained in Division 6.3 of the Land
Development Code may be constructed east of Airport Road within the
Activity Center and the residential parcel north of and adjacent to the
designated Activity Center. These residential units may be rented by the
day, week, month or other rental periods determined by their respective
owner/manager, which shall be either the hotel located within the activity
center or the entity owning the golf resort use. Each residential unit shall
constitute and be counted as one of the 5,100 authorized residential units
within the Pelican Marsh development and shall be developed in accordance
with the residential development standards in Section 3.5 of this PUD
Document.
10. Any other principal use which is comparable in nature with the foregoing
uses and which the Development Services Director determines to be
compatible in the "R" District.
B. A/:cessory Uses and Structures:
I. Accessory uses and structures customarily associated with principal uses
permitted in this district.
2. Any other accessory use which is comparable in nature with ~e fnrP~nlnc,
uses and which the Development Services Director deter fines~Cf'~N~?EM
compatible in the "R" District. No.4/~(.~) ,0-
3.5 DEVKIDPMENT STANDARDS MAY 11 1999
A. Table I sets forth the development standards for land uses within the '1~ Re~It~JJ2-~
District. ' ~GEND~i'TEM '
ft. ",,,,
B. Site development standards for categories 1 - 4 uses apply to individual residential
lot boundaries. Category 5 standards apply to platted parcel boundaries.
C. Standards for parking, landscaping, signs and other land uses where such standards
are not specified herein or within adopted Pelican Marsh Community design
guidelines and standards, are to be in accordance with Collier County Land
Development Code in effect at the time of Site Development Plan Approval.
Unless otherwise indicated, required yards, heights, and floor area standards apply
to principal structures.
D. Development standards for uses not specifically set forth in Table I shall be
established during Site Development Plan Approval as set forth in Article 3,
Division 3.3. of the Land Development Code in accordance with those standards of
the zoning district which is most similar to the proposed use.
E. In the case of residential structures with a common architectural theme, required
property development regulations may be waived or reduced provided a site plan is
approved by the Collier County Planning Commission in accordance with Article 2,
Division 2.6, Section 2.6.27.4.6 of the Collier County Land Development Code.
Common open space requirements are deemed satisfied pursuant to Section 2.17 of
this PUD.
F. Residential lands abutting those areas of Victoria Park Subdivision zoned RSF-3,
Four Seasons Subdivision zoned RSF-2, and Quail Woods Estates zoned RSF-2
shall be limited to single family dwellings, multi-family dwellings, water
management facilities and lakes, and customary single family accessory uses.
Residential lands abutting those areas of Victoria Park Subdivision zoned RSF-4 or
RMF-12 and Quail Woods Estates zoned RMF-6 shall be limited to single, two-
family, and multi-family dwellings, water management facilities and lakes and
customary residential accessory uses. Where multi-family uses abut off-site single
family uses, there shall be a minimum separation of one hundred feet (100')
between the two uses. In addition, a platted ROW or platted landscaped buffer, a
minimum width of thirty feet (30') and meeting the opacity requirements of an
alternative type "c" buffer as described in the LDC, must be provided within the
one hundred feet (100').
G. Off street parking required for multi-family uses shall be accesseft by parking aisles
or driveways which are separate from any roads which serves a development
exceeding 96 units. A cul-de-sac road within the development may have abutting
surface parking where the parking serves 24 units or less. A green space area of not
less than ten feet (10') in width as measured from pavement edge to pavement edge
shall separate any parking aisle or drivew v from ~,,, ~,_..~.~. road, with the
exception ofcul-cle-sacs serving 24 units or h ~s.
~/~6~,~7~v,r ot!-~Ev, av 3-3
NGI36-~I-G02-PNOC-lTZ91
11 1999
H. Single family patio and zero lot line dwellings are identified separately from single
family detached dwellings with conventional side yard requirements to distinguish
these types for the purpose of applying development standards under Table 1. Patio
and zero lot line dwellings shall be defined as any type of detached single family
structure employing a zero or reduced side yard as set forth herein, and which
conform to requirements of Collier County Land Development Cede Article 2,
Division 2.6, Subsection 2.6.27.
I. Attached or detached courtyard residences which include cabana bedrooms
separately accessed from the courtyard and not from the main house are permitted
providing that:
1) The cabana structure must be connected to other portions of the residence in a
manner that gives the entire residence the appearance in elevation from the street of
being one single family residence;
2) The cabana structures must be accessible only from the enclosed courtyard and
must not be accessible directly from the street; and
3) The cabana structure may not contain primary cooking facilities.
MAY 11 1999
.
APR
TABLE I
PELICAN MARSH COMMUNITY
DEVELOPMENT S~rANDARDS FOR
"R" RESIDENTIAL AREAS
SINGLE PATIO & TWO SINGLE FAMILY MULTI ASSISTED
PERMITtED USES AND FAMILY ZERO LOT FAMILY ATTACHED AND FAMILY LIVING
STANDARDS DETACHED LINE & TOWNHOUSE DWELLINGS FACILITIES
DUPLEX
Category I 2 3 4 5
Minimum Lot Area 7,500 SF 5,000 SF 3,500 SF*4 3,000 SF I AC 1 AC
Minimum Lot Width '5 75 50 35 30 150 150
Front Yard [.. 25 20 '3 20 '3 20 '3 25 25
Front Yard for 15 10 10 10 15 15
Side Entry Garage
...[..
Side Yard 7.5 '6 0 or 7.5 0 or .5 BH .5 BH 20 OR .5 BH
Rear Yard Principal 20 10 20 20 BH BH
Rear Yard Accessory 10 5 10 10 15 15
Rear Yard Special *1 10 5 10 10 .5 BH .5 BH
~aximum Building Height 35 35 35 35 50 50
Distance Between 15 10 0 or 15 .5 SBH .5 SBH .5 SBH
Principal Structures
Floor Area Min. (S.F.) 1800 SF 1600 SF ~600 SF 1200 SF 1000 SF*B N/A*7
BH: B~ildlng Height
$BH.: (Sum of Building Heights): Combined height of two ·dj,cent building· for the purpos~ of determining glb,ck requirements.
All di,aneca ·r~ in fect unlcu othersrig no~d.
*1 - Wi~h ~oprovM fn~m Ph4DRC, mr yard, for principal meturea on |ots which abut golf course, I,ke, open space, or reserve ~re.~·. $~tb,clr from hke fo~
princil~l ,rid acccuoty u,~a n~y be O' providing ·r~hltectur~l bank tr~trn~nl i· incorporated into deaign and m~bj~ct to wriu~a ~prov~l f;c~,; .~;c.~: p---~
Bannini Service, Dep~rtn~nt.
With ~rov,I from PhtDRC, from y,rda ~h~ll be rn~sur~d ,~ follow·:
A. Ifth~ p,r~cl ia grved by · public right-~f-w·y, ~etback ia m~,mr~d from the ·djKent right-of-w,y lira.
B. if the parcel i· ~rved by · privat~ ro, d.. ;",b,ck ia measured from the back of curb (if curb,d) or edge of pavement Of ao~ curb~l).
'2 - !~uildis~ h¢ighl ~ be th, vertical disl~n~¢ m~,sut~l from the finl h~bltsble finished floor elevation to the uppcrmo~ ~nii~4i c~ilina elevation ,~t
structurc. AGENDA ITEM
'3 o Single f~mily d~elllngs xvhi~h provld~ for 2 p~rking sp,ce~ within ,n cnclo~l g~r~ge ,rid provide for g~e~ parking other th~ in p~y
ff, duc~ th~ fronl yard re~uir~ra~nl to 5' for th~ garage and 15' for the r~nmlning
'4- ach hairof- d.p|ex .nit m.i.a · ~,x ·~ annc.do. of 3,5OO S.i:. for· to~a mi.~.~.~ S,x ,r, of 7,000 S.F. ~4~Y 11 1999
*~ - Mininmm Io~ ~,idth may be nduccd by 20~ for cul-dc-sac |~a provid~l minimum lot area requiremoP· is ~tiH maintair,,~d.
~6/99-,~(~VeE011-MPERRY A~EN~A iTEM
'6 - Zero t'eet (0') or a minimum of five feet (5') on either side cxccpi that where the zero feet (0') yard option is utilized, the opposite side of the structure
have · ten foot (10') y·rd. Zero feet (O') yards may be used on both sides of· structure provided that the opposite ten foe4 (10') yard is provided. P·tloe, i~
and screen enclosures may encroach into the 10' yard and may attach to the adjoining dwelling provided an easement is granted from the adjoining dwelling
· 7 - For density con~arison, each residential unit s~aU equal 4.0 ALF units.
· 8 - Structure· ea~l of Airport Road have · minimum floor area of 750 S.F.
AGEhlO A ITEM
HAY 11 1999
AGENDA ITEM
N013643iI-O02-PNOC-22791
SECTION IV
GOLF COURSE, RECREATION AND OPEN SPACE DISTRICT
4.1 PURI~SE
The purpose of this Section is to identify permitted uses and development standards for
areas within Pelican Marsh Community designated on the Master Plan as "GCO' and
Miscellaneous Open Space/Buffer.
4.2 GENERAL DESCRIPTION
Areas designated as "GCO" and Miscellaneous Open Space/Buffer on the Master Plan are
designed to accommodate a full range of golf course, recreational, water management and
open space uses, as well as to provide lands for community-related ancillary uses and
essential services.
4.3 PER.~ USES AND STRUCTURFS
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. Permitted Principal Uses and Structures
1. Golf courses, golf clubhouses, golf facilities, golf teaching facilities
including classrooms and temporary golf clubhouses.
2. Tennis clubs, health spas, equestrian clubs, and other recreational clubs.
3. Project information and sales centers.
4. Community and golf course maintenance areas, maintenance buildings,
essential services, irrigation water and effluent storage tanks and ponds,
water and wastewater treatment plants, utilities pumping facilities and pump
buildings, utility and maintenance staff offices.
5. Public administration facilities.
6. Open space uses and structures such as, but not limited to, ~b~~, 1999
nature trails, bikeways, landscape nurseries, gazebos, boat and
fishing piers, picnic areas, fimess trails and shelters.
4/|6/99-5706~ V~r 01 !-MPERJIY
........ 4-1
N01M-IlI4102-PNOC-2T/91
7. Any other principal use which is comparable in nature with the foregoing
uses and which the Development Services Director determines to be
compatible in the "GCO" and Miscellaneous Open Space/Buffer District.
B. Permitted Accessory Uses and Structures
1. Accessory uses and structures customarily associated with the principal uses
permitted in this district.
2. Pro-shops, practice areas and ranges, golf cart barns, rest rooms, shelters,
snack bars, golf course maintenance yards.
3. Retail establishments accessory to the permitted uses of the district such as,
but not limited to, golf, tennis, and recreational related sales.
4. Restaurants, cocktail lounges, and similar uses intended to serve club
members and club guests.
5. Shuffleboard courts, tennis courts, swimming pools, and all other types of
accessory facilities intended for outdoor recreation.
6. Telecommunications facilities.
7. Any other accessory use which is comparable in nature with the foregoing
uses and which the Development Services Director determines to be
compatible in the "GCO" and Miscellaneous ~ SpacedBuffer District.
4.4 DEVELOP1MENT STANDARDS
A. Principal structures shall be setback a minimum of twenty feet (20') from "GCO"
and Miscellaneous Open SpacedBuffer district boundaries and private roads, and
fifty feet (50') from all PUD boundaries and residential tracts, except where the
PUD abuts the Collier County Wastewater Treatment Plant or a public fight of way,
in which case the setback shall be one half (1/~) the height of the slxucture.
B. Accessory structures shall setback a minimum of ten feet (10') from 'GCO" and
Miscellaneous Open Space/Buffer district boundaries and private roads, and, Tweqi~lENDA
feet (20') from all PUD boundaries and residential tracts, except where tile Phi./;rE.) ,.L
abuts the Collier County Wastewater Treatment Plant or a public fight of~ay, in
which case the setback shall be one half ('/2) the height of the structure.I:".;,',' 11 1999
C. Lighting facilities shall be arranged in a manner which will protect roadwiays
residential properties from direct glare or unreasonable interference.
NOI36-~I-~IX)'J-PNOC-22791
--'- D. Maximum height of structures - Fifty feet (50').
E. Minimum distance between principal or accessory structures which are a part of an
architecturally unified grouping - Ten feet (10').
F. Minimum distance between all other principal structures - Twenty feet (20').
G. Minimum distance between all other asry structures - Ten feet (10').
H. Min' :num floor area - None required.
I. Minimum lot or parcel area - None required.
J. Parking for the community center/clubhouse shall be one space per every two
hundred (200) square feet of gross floor area, which shall be considered inclusive of
required golf course i~rking
K. Standards for parking, landscaping, signs and other land uses where such standards
are not specified herein or within adopted Pelican Marsh Community design
guidelines a.n.d standards, are to be in accordance with Collier County Land
Development Code in effect at the time of Site Development Plan Approval.
~ Unless otherwise indicated, required yards, heights, and floor area standards apply
to principal structures.
11 1999
P..
NOI36-OSI4Nll-PNOC-22791 A~
SECTION V
RFSERVE DISTRICT
5.1 PURPOSE
The purpose of this Section is to identify permitted uses and development standards for
areas within Pelican Marsh Community designated on the Master Plan, as Reserve.
5.2 GENERAL DESCRIFIION
Areas designated as Reserve on the Master Plan are designed to accommodate a full range
of conservation and limited water management uses and functions. The primary purpose of
the Reserve dislrict is to retain viable naturally functioning wetland and xeric upland
systems, to allow for restoration and enhancement of impacted or degraded weftand
systems, and to provide an open space amenity for the enjoyment of Pelican Marsh
Community residents.
5.3 PERMITTED USES AND STRUCTURFS
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. Permitted Principal Uses and Structures
1. Passive recreational areas, boardwalks, including recreational shelters and
restrOoms.
2. Biking, hiking, nature and equestrian trails (excluding asphalt paved trails in
wetlands).
3. Paved golf cart paths and unpaved pedestrian paths in xeric uplands.
4. Water management facilities, structures and lakes, including lakes with
bulkheads or other architectural treatments.
other applicable permits.
MAY 111SS~
6. Roadway crossings and utility crossings at Pelican Marsl' Boulevard,
Vanderbilt Beach Road, Goodlette-Frank Road, and the Cocoh: tchefl~trand
Golf Course crossing/reconnection area.
?. Utility lines in xeric uplands. AGENDA ITEM
NO136-0~I4XYl-PNOC-.~791
8. Any other conservation and related open space activity or use which is
comparable in nature with the foregoing uses and which the Development
Services Director determines to be compatible in the Reserve District.
5.4 DEVEI ~OPMF. aNT STANDARDS
A. All structures shall setback a minimum of five feet (5') from Reserve district
boundaries and roads, except for pathways, boardwalks and water management
structures, which shall have no required setback.
B. Lighting facilities shall be arranged in a manner which will protect roadways and
residential properties from direct glare or unreasonable interference.
C. Maximum height of structures - Twenty-five feet (25').
D. Minimum distance between principal structures - Ten feet (10').
E. Minimum distance between accessory structures - Five feet (5').
F. Minimum floor area - None required.
G. Minimum lot or parcel area - None required.
H. Standards for parking, landscaping, signs and other land uses where such standards
are not specified herein or within adopted Pelican Marsh Community Design
Guidelines and Standards, are to be in accordance with Collier County Land
Development Code in effect at the time of Site Development Plan Approval.
Unless otherwise indicated, required yards, heights, and floor area standards apply
to principal structures.
5.5 RESERVE DISTRICT CONSERVATION EASEMENT
A non-exclusive conservation easement or tract is required by Collier County Land
Development Code Section 3.2.8.4.7.3 for preservation lands included in the Reserve
District. In addition to Collier County, a conservation easement may also be required by
other regulatory agencies with jurisdiction over Reserve District lands. In addition to
complying with provisions of the Collier County Land Development Code, said easement
shall be provided in accordance with the terms set forth in the applicable permit granted by
said agencies, and as set forth in PUD Section 8.13 hereof. The developer, their successor
or assigns, the Pelican Marsh Foundation or the PMCDD shall be responsible for control
and maintenance of lands within the Reserve District. ' ............ ' s shall be
1994. M;l.y~ I ~,c.,~_~^ rrEu
SECTION VI
COMMUNITY FACILITY DISTRICT
6.1 PURPOSE
The purpose of this section is to identify permitted uses and development standards for areas
,A :hin Pelican Marsh Community designated on the Master Plan as ' CF.'
6.2 ~ SQUARE FOOTAGE
A maximum of 50,000 square feet (gross floor area) of Community Facility Uses may be
constructed on lands designated ' CF.'
6.3 GENERAL DESCRIFrION
Areas designated as ' CF" on the Master Plan are designed to accommodate a full range of
cultural uses, essential services, and customary accessory uses.
The approximate acreage of the" CF" district is indicated on the Master Plan. This acreage
is based on conceptual designs and is approximate. Actual acreages of all development
tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat
approvals in accordance with Article 3, Division 3.3, and Division 3.2 respectively, of the
Collier County Land Development Code. Cultural Center tracts are designed to
accommodate internal roadways, open spaces, lakes and water management facilities, and
other similar uses.
6.4 PERMTIq'ED USES AND STRUCTURES
No building or structure or pan thereof, shall be erected, altered or used, or land used, in
whole or part, for other than the following:
A. Principal Uses:
All uses normally associated with a community facility including but not limited to:
1. Churches and places of worship Ac/_~^ i~oa
no._/fl (~) a~
2. Governmental buildings
MAY 11 1999
3. Child daycare facilities
4. Civic, social and fraternal associations ~
4/16/9~57069 V~: 01t-MPERRY 6- l ' ~~X~
~o,"'~T-;;.,~-=,,, APR , B99
5. Any other principal use which is comparable in nature with the foregoing
uses and which the Development Services Director determines to be
compatible in the" CF" District.
B. Accessory Uses and Structures:
1. Accessory uses and structures customarily associated with the principal uses
permitted in this district.
2. Recreational facilities.
3. Classroom facilities.
4. Any other accessory use which is comparable in nature with the foregoing
uses and which the Development Services Director determines to be
compatible in the" CF" District.
6.5 DEVELOPMENT STANDARDS
A. Principal structures shall be setback a minimum of twenty feet (20') from "CF"
district boundaries and private roads, and fifty feet (50') from all PUD boundaries,
~' public roads and residential tracts.
B. A~ry structures shall be setback a minimum of twenty feet (20') from district
boundaries and private roads, and twenty feet (20') from PUD boundaries, public
roads and residential tracts.
C. Setback from lakes for all principal and accessory uses may be zero feet (0')
provided architectural bank treatment is incorporated into the design and subject to
written approval from PMDRC, PMCDD, and Collier County Development
Services Department.
D. Lighting facilities shall be arranged in a manner which will protect roadways and
residential properties from direct glare or unreasonable interference.
E. Maximum height of structures - Eighty feet (80').
AGENO,.,
F. Minimum distance between principal or accessory structures which are a art o~_~
architecturally unified grouping - Ten feet (10'). MAY 11 1999
G. Minimum distance between all other principal structures - Twenty feet (20'
pg.
~ H. Minimum dislance between all other accessory structures - Ten feet (10.QD:r
I. Minimum floor area - None required. ~!
N0136-(II-QQ2-PNOC-2;r791
J. Minimum lot or parcel area - None required.
K. Standards for parking, landscaping, signs and other land uses where such standards
are not specified herein or within adopted Pelican Marsh Community design
guidelines and standards, are to be in accordance with Collier County Land
Development Code in effect at the time of Site Development Plan Approval.
Unless otherYAse indicated, required yards, heights, and floor area standards apply
to principal structures.
AGENDA I'FLM
MAY 11 1999
AGEN~A ~TF
NOI~I~-PN~-~I
..
SECTION VII
ACTIVITY CENTER DISTRICT
7.1 PURPOSE
The purpose of this section is to identify permitted uses and development standards for areas
within Pelican Marsh Community designated on the Master Plan as "AC."
7.2 MAXIMUM SQUARE FOOTAGF_/ROOMS
A maximum of 402,500 square feet gross floor area (350,000 square feet leasable floor
area) of retail uses; 175,000 square feet gross floor area of office uses, including up to
25,000 square feet of medical offices; 450 hotel rooms and 80,000 square feet (750 seat) of
cultural facilities may be constructed on lands designated "AC."
7.3 GENERAL DESCRIFFION
Areas designated as "AC" on the Master Plan are designed to accommodate a full range of
retail, service and office commercial uses, essential services, and customary accessory uses.
The approximate acreage of the "AC" district is indicated on the Master Plan. This acreage
is based on conceptual designs and is approximate. Actual acreages of all development
tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat
approvals in accordance with Article 3, Division 3.3, and Division 3.2 respectively, of the
Collier County Land Development Cede. Activity Center tracts are designed to
accommodate internal roadways, open spaces, lakes and water management facilities, and
other similar uses found in Activity Center areas.
7.4 P~[I'I'FI~ USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or land used, in
whole or part, for other than the following:
A. Permitted Principal Uses and Structures:
1. Accounting, Auditing and Bookkeeping Services (Group 872 1). AC-,ENDA ITEM
2. Amusements and Recreation Services - Indoor (Groups 7911-794'. 7~M., ./.e(~)et
7993, 7997).
3. Apparel and Accessory Stores (Groups 5611-5699). MAY 11 19~9
4. Automotive Dealers and Gasoline Service Stations (Groups 5511-5Y. ~.
5. Automotive Repair, Services, and Carwashes (Groups 75 14, 75 15, ~ 542f. g. ~ /
6. Building Materials, Hardware and Garden Supplies (Groups 5211-5:bl). ""
Jg-570~J Vet OI!-MPELRY
N0136-0gl-0~l-PNOC-227~I
....... \
7. Business Services (Groups 7311-7352, 7359 except airplane, industrial
truck, portable toilet and oil field equipment renting and leasing, 7361-7397
except armored car and dog rental, 7389 except auctioneering, bronzing,
field warehousing, salvaging of damaged merchandise).
8. Commercial Printing (Group 2752, excluding newspapers).
9. Depository Institutions (Groups 6011-6099).
10. Eating and Drinking Establishments (Groups 5812, 5813).
11. Engineering, Accounting, Research, Management and Related Services
(Groups 8711-8748).
12. Food Stores (Groups 5411-5499).
13. General Merchandise Stores (Groups 5311-5399).
14. Glass and Glazing Work (Group 1793).
15. Golf Club Facilities including Ancillary Teaching Facilities and Temporary
Golf Clubhouses (Groups 7992, 7997, 7999 )
16. Group Care Facilities (Category I and IF), Care Units, Nursing Homes and
Family Care Facilities (Groups 805 1 excluding mental retardation hospitals,
8052, 8059).
17. Health Services (Groups 8011-8049, 8082, 8093, 8099).
18. Holding and Other Investment Offices (Groups 6712-6799).
19. Hotels and Motels not to exceed 450 rooms (Groups 7011, 7021, 7041).
20. Home Furniture, Furnishing, and Equipment Stores (Groups 5712-5736).
21. Insurance Carriers, Agents and Brokers (Groups 6311-6399, 6411).
22. Legal Services (Group 8111).
23. Libraries (Group 8231).
24. Membership Organizations (Groups 8611-8699).
25. Miscellaneous Repair Services (Groups 7622-7641, 7699 except agricultural
equipment repair, awning repair, beer pump ceil cleaning and repair,
blacksmith shops, catch basin, septic tank and cesspool cleaning,
coppersmithing, farm machinery repair, fire equipment repair, furnace and
chimney cleaning, industrial truck repair machinery cleaning, repair of
service station equipment, boiler cleaning, ~nsmithing, tractor repair).
26. Miscellaneous Retail (Groups 5912-5963, 5992-5999).
27. Motion Picture Theaters (Group 7832).
28. Multi-Family Dwellings including Garden Apartments.
29. Non-Depository Credit Institutions (Groups 6I 11-6163).
30. Personal Services (Groups 7211, 7212, 7215, 7216 non-industrial dry
cleaning only, 7217, 7219-7261 except crematories, 7291-7299).
31. Real Estate (Groups 6512, 6531, 6541). ' AGENDAITEM
32. Resort Recreation Facilities including but not limited to Tenni Clu~'s,
Health Spas, Equestrian Clubs and other Recreational Clubs (Grou ~s 7~ 1 I 1999
7999)
33. Public Administration (Major Groups 91, 92, 93, 94, 95, 96, 97) P~-
34. Recreation Services (Groups 7911, 7922, 7929, 7933, 7941, 799
7997, 7999) AGENDA ffEM"'
N0136-~I-OO'2-/:~K)C-22791
35. Security and Commodity Brokers, Dealer, Exchanges and Services (Groups
6211-6289).
36. Social Services (Groups 8322-8399).
37. United States Postal Service (Group 4311 except major distribution center).
38. Veterinary Services (Groups 0742, 0752 excluding outside kenneling).
39. Video Tape Rental (Group 7841).
40. Vocational Schools (Groups 8243-8299).
41. Uses permitted under Section 3.4 of this PUD, subject to the Development
Standards of Section 3.5.
42. Any other principal use which is comparable in nature with the foregoing
uses (including general and professional offices not specifically listed above)
and which the Development Services Director determines to be compatible
in the 'AC" district.
B. Permitted A~ry Uses and Structures
1. Accessory uses and structures customarily associated with principal uses
permitted in this district.
2. Customary accessory uses for hotel and motel principal uses including but
~-- not limited to shops, personal service establishments, eating or drinking
establishments, dancing and staged entertainment facilities, and meeting
rooms and auditoriums where such uses are an integral pan of a hotel or a
motel, with common architectural standards, even if contained in a free-
standing building. Other accessory uses include, but are not limited to,
recreational facilities that serve as an integral part of the permitted uses such
as pool, tennis facilities, parks, playgrounds and playfields.
3. Up to 50 residential units which shall not be subject to the definition of
"dwelling, multiple-family," contained in Division 6.3 of the Land
Development Code may be constructed east of Airport Road within the
Activi..ry Center and the residential parcel north of and adjacent to the
desiF ~ed Activity Center. These residential units may be rented by the
day. ,zek, month or other rental periods determined by their respective
owr, nanager, which shall be either the hotel located within the activity
cents;, or the entity owning the golf resort use. Each residential unit shall
constitute and be counted as one of the 5,100 authorized residential units
within the Pelican Marsh development and shall be developed in accordance
with the residential development standards in Section 3.5 of this PUD
Document.
4. Any other accessory use which is comparable in nature with the foregoing
/"' uses and which the Development S. ,,-,~,"'o n; .... dctl/ff, ines to be
compatible in the "AC" district. No,~ " AGENDA ITEM
7.5 DEVELOPMENT STANDARDS
A. Minimum Yard Requirements:
1. Front Yard: Twenty-five feet (25') minimum or one-half the building
height, whichever is greater.
2.Side Yard: Fifteen feet (15').
3.Rear Yard: Fifteen feet (15').
4.Any yard abutting a residential parcel: Twenty-five feet (25').
Setback from a lake for all principal and accessory uses may be zero feet
(0') provided architectural bank treatment is incorporated into the design and
subject to written approval from PMDRC, PMCDD and Collier County
Development Services Department.
B. Exterior fighting shall be arranged in a manner which will protect madways and
residential properties from direct glare or unreasonable interference.
C. Maximum height of structures - One hundred feet (100').
D. Minimum distance between all other principal structures - Twenty feet (20').
E. Minimum distance between all other accessory structures (excluding drive-through
facilities) - Ten feet (10').
F. Minimum floor area - Seven hundred (700) square feet gross floor area on the
ground floor.
G. Minimum lot or parcel area - Ten thousand (10,000) square feet.
H. Minimum lot width - Seventy five feet (75').
I. Standards for parking, landscaping, signs and other land uses where such standards
are not specified herein or within adopted Pelican Marsh Community design
guidelines and standards, are to be in accordance with Collier County Land
Development Code in effect at the time of Site Development Plan Approval.
Unless otherwise indicated, required yards, heights, and floor area standards apply
to principal structures. Ac..,~, rtEU
J. The maximum density for Adult Congregate Living Facilities and otl er 1~ ~ 1999
elde~y housing shall be twenty-six (26) units per gross acre.
,~GilblOA ITEM
4/16t99-.~'1'069 Ve~': 01~-MPER.RY
....... 74
K. The net platted parcel density of hotel rooms per acre may exceed twenty-six (26)
rooms per acre; however, the total number of hotel rooms permitted in the Activity
Center District shall be 450.
SECTION VIII
GENERAL DEVELOPMENT COMMITMENTS
8.1 PURPOSE
The purpose of this Section is to set forth the development commitments of Developer
within Pelican Marsh Community.
8.2 GENERAL
All facilities shall be constructed in accordance with the final site development plans, the
final subdivision plats, and all applicable state and local laws, codes and regulations relating
to the subdivision of the land, except where specifically noted or otherwise set forth in this
document, or as otherwise approved by Collier County. All state and federal permits shall
be effective according to the stipulations and conditions of the permitting agencies. Final
master plans, final site development plans or final subdivision plats, and standards and
specifications of the Collier County Land Development Code relating to the same shall
apply to this project, except as otherwise set forth herein.
In addition, the Master Plan and the regulations of the PUD document as adopted along
with any other specific conditions or stipulations as may be agreed to in the rezone hearing
before the Board of County Commissioners, shall control and be applicable to development
of the subject property. The Developer, its successors and assigns shall be bound by said
documents, commitments, and stipulations.
8.3 MASTER PLAN
The Master Plan, WMB&P, Inc. File No. RZ-219-H, is an iljustrative preliminary
development plan. The design elements and layout iljustrated on the Master Plan shall be
understood to be flexible, so that the final design may satisfy the Developer's criteria and
comply with all applicable requirements of this ordinance.
The Development Services Director shall be authorized to approve minor changes and
refinements to the Pelican Marsh Community Master Plan upon written request of the
Developer.
A. The following limitations shall apply to such requests: ~c./no~
Growth Management Plan and the Pelican Marsh Comn
document. Pg. ~ ~
'~;L~.J~,,Y~ °' "'~ 8-1 A~
N01364~I-~O2-PNOC-22791
2. The minor change or refinement shall meet the criterion of Section
380.06(19)(e)2., Florida Statutes, and shall not require a determination and
Public Hearing pursuant thereto.
3. The minor change or refinement shall not constitute a substantial change
pursuant to Article 2, Division 2.7, Subsection 2.7.3.5.1. of the Collier
County Land Development Code.
4. The minor change or refinement shall be compatible with adjacent land uses
and shall not create detrimental impacts to abutting land uses, water
management facilities, and Reserve areas within or external to the PUD.
B. The following shall be considered minor changes or refinements, subject to the
limitations of PUD Section 8.3.A:
1. Recon~guration of Reserve areas, jurisdictional weftand limits, and
mitigation features as a result of regulatory agency review.
2. Reconfiguration of lakes, ponds, canals, or other water management
facilities where such changes are consistent with the criteria of the South
,_ Florida Water Management District and Collier County, and where there is
no further encroachment into Reserve areas.
3. Reconfigumtion of golf course envelopes and design features.
4. Internal re~lignment of rights-of-way other than a relocation of access points
to the PUD.
5. Recon~guration of residential parcels when them is no encroachment into
Reserve areas.
C. Minor changes and refinements as described above shall be reviewed by appropriate
Collier County staff to ensure that said changes and refinements are other,vise in
compliance with all applicable County Ordin~mces and regulations prior to the
Development Services Director' s consideration for approval.
D. Approval by the Development Services Director of a minor change or rci'mr.l,t~tll~
may occur independently from and prior to any application for Subdivi., ion 9IoSite
Development Plan approval, however such approval shall not co: tsfimte an
authorization for development or implementation of the minor change or re~
without fast obtaining all other necessary County permits and approvals.
,~&~2~-.d~,~,.o, ,-~-,~uv 8-2
N0136-411-0~l-FNOC-22791
APR 1999
8,4 POLLING PLACES
Pursuant to Article 3, Division 3.2, Section 3.2.8.3.14 of the Collier County Land
Development Code, accommodation shall be made for the future use of building space
within common areas for the purposes of accommodating the function of an electoral
polling place.
An agreement between the Supervisor of Elections and the Developer was recorded in the
official records of the Clerk of the Circuit Court of Collier County, and is binding upon any
and all successors in interest that acquire ownership of such common areas including
homeowners associations or tenants associations. This agreement provides for said
community recreation/public building/public room or similar common facility to be used for
a polling place if determined to be necessary by the Supervisor of Elections.
8.5 MONITORING REPORT
An annual monitoring report shall be submitted pursuant to Article 2, Division 2.7, Section
2.7.3.6 of the CoLlier County Land Development Code.
8.6 SUNSETrING
This PUD is subject to the Sunsetting provision as provided in Article 2, Division 2.7.,
Section 2.7.3.4 of the Collier County Land Development Code, until such time as Collier
County issues a DRI Development Order for the Pelican Marsh Community, at which time
the provisions of the Development Order relative to duration and effective date shall
govem.
8.7 TRANSPORTATION
A. The developer shall provide appropriate left and/or fight turn lanes at all community
access points to public rights-of-way at the time of construction of each access.
B. The developer shall provide arterial level street lighting at all community access
points to State or County public fights-of-way at the .time of construction of each
access.
C. The developer shall provide a fair share contribution toward the capit Cl dee~a~ed/~(_d'~ ;L
traffic signals at any community access points to a public right-of-way wh~ a
warranted by the County. These signals will be owned, operated and mai ,tain~yl ] 19B9
Collier County.
D. Collier County and Developer entered into an Agreement dated January i2: _Fc~:~.l~f
(heroin "Agreement") to address the alignment and environmental p xmit~~..u
Vanderbilt Beach Road (heroin "VBR") through the Pelican Marsh Community
property; and to address environmental permitting for the expansion of Goodlette-
Frank Road from Immokalee Road to VBR.
E. As is set forth in the Agreement, Developer is responsible for the environmental
permitting for the preferred road alignment of VBR within the Pelican Marsh
Community PUD property. Pursuant to the Agreement, Developer is eligible for
Road Impact Fee credits for half of their expenditures per the Agreement in
obtaining environmental permits.
F. Developer agrees to dedicate to Collier County the road right-of-way required for
that section of VBR within the Pelican Marsh Community PUD boundaries owned
by Developer, upon request by Collier County, so long as that right-of-way is the
alignment depicted on the Pelican Marsh Community PUD Master Plan or an
altemative alignment acceptable to Developer. Developer shall be eligible for Road
Impact Fee credits for this dedication pursuant to Ordinance 92-22 and Section
380.06 (16) Florida StatuteS, 1992, as is further set forth in Section 8.12 hereof.
The value of said right-of-way dedication shall be equal to Developer's cost of
acquisition of the property.
G. There are acknowledged benefits to both the County and Developer in the alignment
of VBR shown on the Pelican Marsh Community PUD Master Plan, and as
referenced in the Agreement and hereinafter as the "Preferred Alignment".
However, there is the potential that the cost of environmental permitting, mitigation,
design, and construction of the road segment in its Preferred Alignment could be
more expensive than an alternative alignment within the area of consideration
referenced in Attachment 1 to the Agreement. If the ultimate alignment of VBR
within the Pelican Marsh Community PUD boundaries is the Preferred Alignment
or the ultimate alignment is otherwise acceptable to Developer, Developer agrees to
pay the "Differential Cost" for the segment of VBR within Pelican Marsh
Community PUD boundaries. "Differential Cost" means the reasonably
ascertainable additional cost of environmental permitting, environmental mitigation,
design and construction of that segment of VBR within the Pelican Marsh
Community PUD boundaries as compared to the total of the same cost elements for
permittable alternative alignments within the area of consideration referenced in
Attachment 1 to the Agreement. Developer shall not be entitled to reimbursement
under the Agreement or Road Impact Fee credits for the 'Differential Cost"
described herein.
H. The cost for design, permitting and construction of the Goodlette-Frank Road
overpass structure, approved by the Board of County Commissioners to
accommodate up to six (6) lanes, is not the County's responsibility, but that of the
_- development entity. ~C.O~A rrr~
"°'~"'~'"~'~" MAY
I. Payment of Road Impact Fees shall be in accordance with the applicable ordinance
as amended with the stipulation that payment shall occur at the time of building
permit issuance or in accordance with the requirements of the Collier County Land
Development Cede, Division 3.15, Adequate Public Facilities.
J. These transportation stipulations set forth in Section 8.7 of the PIJD are not
intended as a novation of the referenced Vanderbilt Beach Road Agreement; said
Agreement remains in full force and effect, except to the extent certain provisions of
the same may be specifically superseded by the provisions of Sectic.:~ 8.7.
K. The developer shall build, at its cost, a Vanderbilt Beach Road buffer within the
Pelican Marsh Community PUD property south of the Vanderbilt Beach Road right-
of-way and north of Hickory Road right-of-way. This buffer shall include a
minimum six foot berm landscaped and irrigated except where the roadway is
located adjacent to Lake Bunting. Adjacent to Lake Bunting where a berm cannot
be constructed due to limited width, the buffer will include canopy trees and shrubs.
The buffer area will be completed prior to the opening of Vanderbilt Beach Road
for public use.
L. Internal access between the Pelican Marsh Community Activity Center and the
Pelican Marsh Community shall be designed in a manner that provides for
vehicular, pedestrian, and bicycle access to the Pelican Marsh Community Activity
Center uses without requiring residents of Pelican Marsh to exit the Community.
Such access may be restricted by the developer to maintain the privacy and security
of the Pelican Marsh Community residents. Vehicular, pedestrian and bicycle
access connections between the Pelican Marsh Community and the Activity Centers
located at the Vanderbilt Beach Road/U.S. 41 intersection and the Immokalee
Road/U.S. 41 intersection shall not be required.
M. No final local development orders (buildi;'~g permits) will be granted for Activity
Center uses until the completion of two lanes of Vanderbilt Beach Road from U.S.
41 to Airport-Pulling Road. Final Subdivision Plat applications and Final Site
Development Plan applications may be submiRed and approved for Activity Center
uses after commencement of construction of Vanderbilt Beach Road from Airport-
Pulling Road to U.S. 41.
N. The Pelican Marsh Community shall be subject to any duly adopted fair share or
pro-rata funding mechanism established by Collier County to implement an area-
wide pedestrian and bicycle path system. Pelican Marsh Community may be
eligible for credits to be applied toward its fair share pro-rata contribution based on
contributions made for the improvements to U.S. 41, Vanderbilt Beach Road, and
Goodlette-Frank Road.
AG, E.~A IT'EM
No.~ AGENO A ITEM
MAY 11 199 '
~" O. The amended Pelican Marsh Community PUD Master Plan, Map "H-2" attached as
Exhibit A to the PUD Document, indicates the approximate location of access
points to the Pelican Marsh Activity Center and indicates full access or directional
access. The location of these access points is subject to change and will be fmaliTed
at the time of permitting.
P. Developer agrees to dedicate (or cause to have dedicated) to Collier County the road
right-of-way required for that section of proposed Livingston Road within the
Pelican Marsh Community PUD boundaries. The conveyance shall dedicate all
property within the Pelican Marsh Community PUD east of the FPL easement to
the County and be by general warranty deed with a disclaimer as to suitability of
purpose. The timing of the dedication shall be at the request of Collier County and
Collier County shall be responsible for all costs of conveyance. Developer shall be
enti~ed to impact fee credits for this dedication pursuant to Ordinance 92-22 and
Section 380.06(16), Horida Statutes, (1995). The value of the dedicated property
shall be determined pursuant to Subsection 2.7.2.8.1. of the LDC.
8.8 WATER MANAGEMENT
A. An Excavation Permit will be required for proposed lake(s) and Pine Ridge Canal
relocation in accordance with Division 3.5 of Collier County Ordinance No. 91-102
~A and South Florida Water Management District roles.
B. A copy of a South Florida Water Management District Permit or Early Work
Permit is required prior to construction plan approval.
C. A letter of no objection from the Collier County Utility Division stating that no
adverse impacts on the percolation ability of the adjacent wastewater treatment
ponds will occur as a result of the Pine Ridge Canal relocation shall be provided
prior to subdivision construction plans approval or Preliminary Work Authorization,
which ever occurs first. Preliminary Work Authorization was approved by the
Board of County Commissioners on May 20, 1993, and amended on April 19,
1994.
D. All off-site flow collection and routing facilities shall be reviewed and approved by
Collier County Development Services Department at the time of subdivision
construction plan approval.
E. The fixed crest weir with emergency underflow gate which replaces the existing
amil gate will be reviewed and approved by Collier County at the time of
Cocohatchee Strand Restoration Plan construction plans or Preliminary Work
Authorization approval. Preliminary Work Authorization wa~ a.np, 9ved by the
---- Board of County Commissioners on May 20, 1993~.c/fd~.~h~_Jked >n April 19,
1994.
AGENDA ITE!Vi
HAY 11 1999
N01)6,-O$I-O~2-PNOC-22791
PR._ t/
F. As long as Collier County has operation and maintenance authority over the existing
Pine Ridge Canal amil gates on Immokalee Road (CR 846), Developer or the
PMCDD will pay for the design and construction costs associated with the
rehabilitation of said amil gates. The rehabilitation will be limited to normal
refurbishment of the gates (including the bearings and access walks) and the gate
seals (if required). Replacement of the gates, cradles, structures, or foundations, if
required, will not be the responsibility of Developer, the PMCDD, or their assigns.
Collier County will contribute $9,000.00 to the cost of design and construction.
The rehabilitation shall be completed by the time the Cocohatchee Strand
Restoration Plan is certified complete to South Horida Water Management District.
G. Water management and canal easements conveyed to SFWMD and the County will
be per the Pelican Marsh Preliminary Work Authorization as amended on April 19,
1994.
H. If legally and physically possible, the PMCDD will maintain that portion of the Pine
Ridge Canal off-site from the south border of the PUD to a point immediately south
of the Immokalee Road amil gates. Maintenance responsibility by the PMCDD for
this portion will cease at the time of final development order for the property
encompassing said portion of canal. The PMCDD will not be responsible for
capital improvements to the canal or improvements to make reasonable access to
and along the canal possible.
I. The rate of post-development stormwater discharge into the Pine Ridge Canal,
Airport Road Canal and Immokalee Road Canal will be determined by SFWMD
during the surface water management permitting process.
A. Temporary construction and/or sales trailers may use septic tanks or holding tanks
for waste disposal subject to permitting under F.A.C. 10D-6, and may use potable
or irrigation wells.
B. Golf course rest stations and maintenance buildings may be permitted to use septic
tanks or holding tanks for waste disposal subject to permitting under F.A.C. 10D-6,
and may use potable and irrigation wells.
C. The project will be served by central potable water distribution, fire protection and
sewage collection facilities.
D. Irrigation water will be provided with a separate distribution system supplied by
onsite wells, reclaimed water or other non-potable water source.
4/16/99-S'~69 Vet 01 !-MPER, RY AGENDA ITEM A
MAY 11 1999 '
pi.~ · .
E. Water distribution, sewage collection and transmission facilities to serve the project
are to be designed, constructed, conveyed, owned and maintained in accordance
with Collier County Ordinance No. 88-76 (refer to agreement that approved
PMCDD, Resolution/t93-187), as mended, and other applicable County rules and
regulations.
F. PMCDD will be responsible for installing potable water and irrigation water service
connections to distribution mains for single family only. Use of the services will be
approved on final inspection and acceptance by Collier County. 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.
G. The on-site water distribution system serving the project must be connected to the
Collier County Water-Sewer District's (the Distrio0 water main available and
adjacent to the Community boundaries consistent with the main sizing requirements
specified in the project's Utility Master Plan and extended throughout the project.
During design of these facilities dead end mains shall be minimized by looping the
internal pipeline network where feasible.
H. The project 's Developer(s) his assigns or successors may negotiate an Agreement
"" with the District for the use of treated sewage effluent within the project limits, for
irrigation purposes. The Developer would be responsible for providing all on-site
piping and pumping facilities from the County' s point of delivery to the project and
negotiate with the County to provide full or partial on-site storage facilities, as
required by the FDEP consistent with the volume of treated wastewater to be
utilized.
I. The utility construction documents for the project's sewerage system shall be
prepared so that all sewage flowing to the County's master pump station is
transmitted by one (1) main on-site pump station for each sewage collection basin.
Due to the design and configuration of the master pump station, flow by gravity into
the station will not be possible. The Developer's Engineer shall meet with the
County staff prior to commencing preparation of construction drawings, so that all
aspects of the sewerage system design can be coordinated with the County's sewer
master plan.
J. The existing off-site utility facilities of the District must be evaluated for hydraulic
capacity to serve this project and reinforced as required, if necessary, consistent
with the County's Water Master Plan to insure that the District's water system can
hydraulically provide a sufficient quantity of water to meet the anticipated demands
of the project and the District' s existing committed capacity. This requixement will
--- be waived provided a written statement is obtained from Collier Cgunty Utilities
,.,Gr OA ,',GE A ....
MAY 11 1999
Division stating that the District has adequate facilities and capacities to serve that
phase of the project at the time utility service is required.
K. The existing off-site sewage transmission facilities of the District must be evaluated
for hydraulic capacity to serve this project and improved as required outside the
project's boundary to provide adequate capacity to transport the additional
wastewater generated without adverse impact to the existing transmission facilities.
This requirement will be waived provided a written statement is obtained from
Collier County Utilities Division stating that the District has adequate facilities and
capacities to serve that phase of the project at the time utility service is required.
L. Within the Pelican Marsh Community landscaping (including palm trees, shrubs and
groundcovers), sidewalks/paths will be allowed within utility easements including
placement within three feet (3') of a utility line. Canopy trees may be located seven
feet (7') from the utility line (seven feet (7') being measured from the tnmk of the
tree to the centerline of the utility fine). Reconstruction of sidewalk/pathways or
modification/re-installation of plant materials due to necessary maintenance of utility
line will be the responsibility of the Developer its successors or assigns.
M. Collier County Utilities Division shall allow the installation of potable water and
irrigation water service connections to distribution mains during construction of the
single family subdivision utilities. The installation will be scheduled upon request
and payment of fees by the developer, its successors and/or assigns. The installation
will be in accordance with the approved plans and specifications, current policies
and procedures, and performed by the developers' contractor. The contractor must
be approved for the installation by the Collier County Utilities Division. Fees will
be determined by the current ordinance in effect at the time of the request for
connections. Reimbursement of connection fees will be rebated to the developer
annually based on meter installations.
N. Developer will prepare a study to determine the most effective and efficient means
to shield the light source spill-over from the sports field lights at Veteran's Park.
The study will address the approach, installation methods, costs and scheduling of
the work and will be presented to the Collier County Parks and Recreation Director
for review and approval. Should the improvements be determined by the County to
be expenses that are eligible for impact fees credits, the developer will'provide the
County with engineered drawings and specifications suitable for bidding by the
County. Developer will pay the County the value of fight shield installation and
receive impact fee credit, if it qualifies under the County's Parks and Recreational
Facilities Impact Fee Ordinance, for the actual cost of the work pursuant to the
terms of the impact fee ordinance.
AGEI, I:)A ITEM AGENDA ITEId
MAY 11 1999
8.10 ENVIRONMENTAL
A. In order to avoid repetitive review of environmental issues in subsequent stages of
the County development approval process, the requirement for obtaining approval of
an Environmental Impact Statement (E/S) pursuant to Division 3.8, Section 3.8.3 of
the Collier County Land Develop~nent Code shall be deemed satisfied for all future
activities which take place within the Pelican Marsh Community PUD boundaries
that require County permits for or County approval of development or site
alteration. This provision is based upon (1) approval of the Pelican Marsh
Community application for Development of Regional Impact and the Pelican Marsh
Community Environmental Supplement submitted in conjunction with this
Application For Public Hearing for PUD Rezone; and (2) the Pelican Marsh
Community PUD EIS submitted in conjunction with the Application for Public
Hearing for PUD Rezone which was approved via County Ordinance ~t93-27. This
provision shall apply to the Developer, its successors, or assigns.
B. Pursuant to Collier County Land Development Code Article 3, Division 3.8,
Section 3.8.8, the Pelican Marsh PUD EIS cited in provision 8.10.A above shall
constitute Collier County' s review and approval of all environmental resources and
environmental quality issues contained in the Pelican Marsh Community Application
for Development of Regional Impact in so far as said issues specifically pertain to
lands contained within the Pelican Marsh PUD boundaries, as defined via County
Ordinance//93-27.
C. Provisions 8.10 A and B above do not relieve the Developer from providing, or
foreclose the County from requesting, information relative to new or changed
environmental conditions on the site relative to species of special status pursuant to
Collier County Land Development Code Section 3.8.5.4.1.5.d. and e.
D. The Collier County 'ST' overlay has been eliminated and replaced by this Planned
Unit Development, however all existing Collier County wellfield and/or
groundwater protection zones shall remain in effect unless otherwise modified by
Collier County.
E. The Cocohatchce Strand Mitigation Bank is hereby created and incorporated int~
this PUD by reference. The Cocohatchee Strand Restoration Plan (WMB&P, Inc.
File ~4o. ENV-88) depicts the improvements contemplated under the Cocohatchee
Strand Restoration Program and itemizes in tabular form the Cocohatchee Strand
Mitigation Bank features including mitigation ratios and available credits for impacts
to Collier County jurisdictional wetlands. It is understood that changes to both the
Cocohatchee Strand Restoration Program and the Cocohatchet Strand Mitigation
Bank may be required by regulating agencies. If such changes cause a need to
~ modify or revise the Cocohatchee Strand Rest.o. ration PrO_~mm ann Mitigation Bank
AG~d41)A iTEM
N01~6-43~l-O~'2-PNOC-22~91 ~
as depicted on the Restoration Plan, such modifications and revisions may be
administratively approved by the Collier County Development Services staff.
F. In accordance with Policy 7.3.5 of the Conservation and Coastal Management
Element of the Collier County Growth Management Plan, gopher tortoises shall be
relocated to the "GCO" District and to the Xeric Scrub Conservation Area.
Compensation for lost habitat whose extent has been approved by the Florida Game
and Fresh Water Fish Commission (FGFWFC) shall be in accordance with
FGFWFC policy.
G. Collier County shall defer all environmental permirdng regarding weftands, wetland
impacts, and wetland mitigation to South Florida Water Management District. The
developer shall coordinate with and copy Collier County on all appmved permits.
8.11 SUBDIVISION REQUIREMENTS AND STANDARD DESIGN SUBSTITUTIONS
Pelican Marsh Community shall be required to conform with the subdivision improvement
requirements set forth in Collier County Land Development Code Article 3, Division 3.2,
Section 3.2.8 unless otherwise stated in this PUD. The following substitutions to the
improvement standards are approved for Final Subdivision Plat requirements:
A. Sidewalks/bike paths shall conform with Subsection 3.2.8.3.17 except as follows:
1. Pelican Marsh Boulevard shall be considered a minor collector street and
shall be required to have a sidewalk or bikepath on each side of the street.
2. All other through streets shall be considered local streets and shall be
required to have a sidewalk or bikepath on one side of the street.
3. All cubde-sacs serving more than fifty (50) single family lots shall be
required to have a sidewalk or bikepath on one side of the street.
4. All cul-de-sacs serving fifty (50) or less single family lots shall not be
required to have a sidewalk or bikepath provided the following conditions
are satisfied:
a. The right-of-way section shall include two twelve foot (12') wide
travel lanes, and
b. the gross density of the cul-de-sac shall be less than two (2) units per
acre.
B. Private streets shall conform with the right-of-way and pavement width
requirements of Subsection 3.2.8.4.16.5 e T'Tt o~ ;,,aa ........
4/1(~9~5'J~9 V~: 01 ~-MPE~Y 8 - 11 /~~
MAY 11 1999 APR i999
... 7 b
1. Cul-de-sac and local streets less than one thousand feet (1,000') in length are
required to have a minimum forty feet (40') right-of-way width and two ten
foot (10') wide travel lanes, subject further to the conditions of Section
8.11 .A.4 of this PUD.
2. All other cul-de-sacs are required to have a tninimum fifty feet (50') right-
of-way width and two ten foot (10') wide travel lanes, subject further to the
conditions of Section 8.11 .A.4 of this PUD.
3. All other local streets are required to have a minimum fifty feet (50') right-
of-way ari j two twelve foot (12') wide travel lanes.
4. Where sic~ewalk design substitutions are desired per Section 8.11 .A.4 of this
PUD, c,.~-de-sac streets shall have a minimum of two twelve foot (12') wide
travel lm',es.
C. Cul-de-sacs shall conform with the requirements of Subsection 3.2.8.4.16.6. but
may exceed a length of one thousand feet (1000').
D. Tangents between re'verse curves shall not be required under Subsection
3.2.8.4.16.10 except on Pelican Marsh Boulevard where the requirement shall be
-" seventy-five feet (75').
E. Street grades may exceed four percent (4%) under Subsection 3.2.8.4.16.14
provided that applicable Florida Department of Transportation, Manual of Uniform
Minimum Standards (FDOT MUMS) and AASHTO criteria are met.
F. Roadside slopes within private street rights-of-way may be allowed to a maximum
of 3:1 in accordance with FDOT MUMS, page 111-35.
8.12 PINE RIDGE CANAL
The existing Pine Ridge Canal within the PUD boundaries will be relocated as shown on
the Pelican Marsh Community Master Plan. The design of the relocated canal incorporates
featur~ inte ted to fully mitigate for any impacts associated with its construction and
elimi;~ation c,. the exisfi: ..,, canal, and shall therefore not require the use of mitigation credit4
~tablished u der the Co,:ohatchee Strand Restoration Plan. Maintenance of the Pine 1~
Canal and associated control structures within the boundary of the Peli, an
Community PUD shall be the responsibility of the PMCDD. MAY 11 1999
8.13 DEDICATIONS
All dedications of property or facilities for a public purpose, whether by ea~ ,,,,~n{,-,- 4,'cd__.
may, at Developer's option, contain a condition limiting the use to said pub: ic pu.ff~/~..~
addition, said dedication, at Developer's option, may contain a reverter clause in the event
the public purpose use is discontinued or not commenced within a reasonable time period.
The "reasonable time" will be agreed to between the developer and the grantee at the time
of the dedication, it being the intent of the grantee to have sufficient time to commence the
use of the dedication.
8.14 PELICAN MARSH COMMUNITY SCHOOL SITE
The Pelican Marsh Community School Site as shown on the PUD Master Plan shall be
subject to the following standards and restrictions:
A. Permitted Use
1. The school site shall only be improved for and used as a school for school
purposes.
B. Building Setback Lines, Size of Building and Building Height
1. The minimum setback of any structure (including temporary, acces.~ry and
portable structures) from a property line or right-of-way line shall be twenty-
five (25) feet on the northern and western property lines and fifty (50) feet
on the eastem and southem property lines.
2. No principal structure of any kind shall exceed three (3) stories in height and
accessory structures shall be limited to a maximum of twenty (20) feet in
height. The maximum height of any structure shall be measured as set forth
in the Collier County 1-and Development Code.
C. Landscaping
1. All areas not covered by structures, walkways or paved parking facilities
shall be reasonably maintained and irrigated as lawn or landscape areas to
the pavement edge of any abutting streets, to the property line and/or to the
location required by South Horida Water Management District of any
abutting lakes, canals or water management areas. No stone, gravel or
paving of any type shall be used as a lawn. All required lawns and
landscaping shall be complete at the time of completion of '.e z_~~lm,~ "
evidenced by the issuance of a certificate of occupancy by
governmental agency.
MAY 11 1999
D. Signs
1. Any sign installed in, on or placed within the School Site s ~all
than ten (I0) feet in length by five (5) feet in height. Ligl ing
4/16,n)9-57069 V~r, 01!-MPERRY
~'~,-o~T"-~-PNoc-~79. 8-13
APR 1999
may be ~uorescent uplight from grade. No neon or colored lighting is
allowed. All signs must also conform with the Collier County Land
Development Code.
E. Exterior Lighting
1. All exterior lighting for the school buildings shall be for the expressed
purpose of safety and security only and shall use fixtures, light source,
installation and control techniques to contain light within the School Site and
eliminate or minimize light spillage into or onto ~Jjacent properties. There
shall be no nighttime lighting of athletic or recxeational playing fields or
courts or playgrounds within the School Site.
F. Outdoor Equipment
1. All garbage and trash containers, oil tanks, bottled gas tanks, swimming
pool equipment and housing and sprinkler pumps and other such outdoor
equipment n~ust be underground or placed in walled-in or sight-screened,
fenced-in a~ ~as so that they shall not be readily visible.
2. For structures at the maximum building height, all vents, stacks, and
mechanical equipment of any nature and type, and other such outdoor
equipment located on roof areas shall be sight-screened so that they shall not
be readily visible from adjacent properties.
3. All active sports areas including baseball, soccer, basketball, football, etc.,
shall be setback twenty-five (25) feet from the easte~y and southerly
property lines.
8.15 NOTIFICATION OF PROXIMITY TO COUNTY FACILITY
Developer shall include the following Notice in its sales contracts with purchasers within
PMC who are acquiring an interest in real property for residential purposes from Developer
located within 500 linear feet .of the closest boundary of the County' s Wastewater Treatment
Plant parcel on Goodlette Road:
,~GENOA rTEM
"This is to nodfy you that the property you are acquiring is located N~J~ ('_zS') P'
within 500 linear feet of the property boundary of Collier County's MAY I I 1999
Wastewater Treatment Plant. This notification is made at the request
of Collier County." ~'g._ fq ._
The above notification will no longer be required when and if the County'adopts an
---- ordinance or regulation addressing the subject; provided however that Dc,;'elcde~/,hii /
comply with. the requirements of said ordinance or regulation, where applic; b~
/
I
I
· A~A ITEM
MAY 11 1999
PE- f/2'
EXECUTIVE SUMMARY
DOA-99-01, GEORGE L. VARNADOE OF YOUNG, VAN ASSENDERP & VARNADOE, P.A.,
REPRESENTING WCI COMMUNITIES L.P. FOR AN AMENDMENT TO THE PELICAN
MARSH DEVELOPMENT OF REGIONAL IMPACT (DRI) DEVELOPMENT ORDER NO. 95~01,
AS AMENDED, FOR THE PURPOSE OF INCREASING THE AUTHORIZED AMOUNT OF
RETAIL FLOOR SPACE BY 57,500 SQUARE FEET OF GFA, AN INCREASE OF FIFTY (50)
HOTEL ROOMS, AND A REDUCTION IN MEDICAL OFFICE SPACE OF 25,000 SQUARE
FEET OF GFA, FOR PROPERTY BORDERED ON THE WEST BY TAMIAI TRAIL NORTH (U.S.
41), ON THE EAST BY THE FUTURE LIVINGSTON ROAD, AND ON THE SOUTH BY
VANDERBILT BEACH ROAD IN SECTIONS 25, 27, 34, 35 & 36, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 2072.88+_ ACRES.
(COMPANION TO PUD-93-01 (4))
OBJECTIVE:
This petition seeks to have the Pelican Marsh Development of Regional Impact (DRI) Development
Order amended for the purpose of revising the authorized amount of commercial land uses, including
increasing the number of hotel rooms.
CONSIDERATIONS:
Pelican Marsh PUD is a Development of Regional Impact (DRI) Development Order which has
authorization to construct a specified development strategy.
The purpose of this amendment is to adjust levels of development in terms of authorized commercial
floor space and number of hotel units from that of the most recent amendment, which nonetheless is
less intensive (except for hotel space) than that approved in the original DRI Development Order.
A sumrn.ary of the changes from the original approval is shown on the following page:
Both the SWRPC and DCA have reviewed these revisions and they have advised that these revisions
do not constitute a substantial change.
The Collier County Planning Commission heard this petition on April 1, 1999 and they recommended
approval. One planning commissioner voted "nay" and therefore this petition could not be set for the
BCC summary agenda.
FISCAL IMPACT:
The fiscal impact was addressed in the companion zoning amendment petition.
GROWTH MANAGEMENT IMPACT: .:.e~
MfiY 11 1999
Petitions deemed to be consistent with all provisions of the Growth Management Plan can not have an
impact on the Collier County Growth Management Plan. This petition was reviewed for consistency
and was found to be consistent with all provisions of the Growth Management Plan.
HISTORIC/ARCHAEOLOGICAL IMPACT:
Staffs analysis indicates that the petitioner's property is located outside an area of Historical and
Archaeological Probability as referenced on the official Collier County Probability Map. Therefore, no
Historical/Archaeological Survey and Assessment is required.
PLANNING COMMISSION RECOMMENDATION:
That the Board of County Commissioners approve Petition DOA-99-1 being an amendment to the
Pelican Marsh DRI Development Order as described by the Development Order amendment included
with this executive summary submission.
IcP DATE
RRENT PLANNING MANAGER
lii)Bi;RfJ. MULBERE, AICP hATE
PLANNING SERVICES DEPARTMENT DIRECTOR
APP V/D BY: ,,~ '/
. CXiSx :nO, A CP, AOMI ISTRATOR
COMMUNITY DEV. AND ENVIRONMENTAL SVCS.
DOA-99-1 EX SUMMARY/rod
MAY 11 ]999
AGENDA ITEM 7-H
· MEMORANDUM
T( .... ,,_~r, ~t)UNTY PLANNING COMMISSION
FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
DATE: MARCH 9, 1999
RE: PETITION NO: DOA-99-1, PELICAN MARSH
OWNER/AGENT:
Agent: Mr. George L. Vamadoe
Young, vanAssenderp & Varnadoe
801 Laurel Oak Drive, Suite 300
Naples, Florida 34108
~-- Owner: WCI Communities, L.P.
24301 Walden Center Drive
Bomta Springs, Florida 34134
REOUESTED ACTION:
This petition seeks to have the Pelican Marsh Development of Regional Impact (DRI) Development
Order mended for the purpose of revising the authorized amount of commercial land uses, including
increasing the number of hotel rooms.
GEOGRAPI~C LOCATION:
The land area lies north of Vanderbilt Beach Road extending from U.S. 41 N./Tamiami Trial North to
the Livingston Road right-of-way with some exception for land lying south of Vanderbilt Beach Road
at the intersection of Vanderbilt Beach Road and Goodlette-Frartk Road and encompasse~ an
2,072.88 acres. (see location map following page)
PURPOSE/DESCRIPTION OF AMENDMENT: MAY 11 1999
The purpose of this amendment is to adjust levels of development in tenus of authorized
floor space and number of hotel units from that of the most recent amendment, which no
less intensive (except for hotel space) than that appwved in the original DRI Development ' d,, .
MAY ~ ~595
A~E~A I~
Southwest Regional Planning Council - The SWRPC heard the Notice Of A Proposed Change To A
Previously Approved Development Of Regional Impact (NOPC) pursuant to Subsection 380.06(19)
Florida Statutes on March 18, 1999.
The Regional Planning Council adopted the following report prepared by its staff:
1. Notify Collier County, the Florida Department of Community Affairs (DCA) and the
applicant that the proposed changes do not create additional regional impacts or any regional
impacts not previously reviewed by the Regional Planning Council, and the Council
participation at the local public hearing is not necessary, unless requested by the County for
technical assistance purposes.
2. Notify the Florida Department of Community Affairs that their participation at the local
public hearing is not requested by the SWFRPC.
3. Request Collier County provides SWFRPC staff with copies of any development order
amindrnents related to the proposed changes not contained in the NOPC, as well as any
additional information requested of the applicant by DCA or the County.
Department of Community_ Affairs:
Staff was advised by the Department of Community Affairs that they have reviewed the notification
of a proposed change (NOPC) for the Pelican Marsh Development of Regional Impact (DRI). The
DCA conclude that.these changes will not create any additional regional impacts.
Therefore, pursuant to Section 380.06(19)9f)4., F.S., the Department had no objection to this NOPC.
STAFF REVIEW:
The NOPC amendments were reviewed by other County staff with jurisdiction responsibility for
elements of the GMP. No issues were raised by staff that would further cause the Development Order
to be further amended or othenvise changed in response to the changes in commercial intensity.
The traffic analysis impact of the changes advise that this amendment when compared with
authorized levels of development approved in the original development order will generate 17.4%
fewer peak hour net new external trips.
In the opinion of staff, even with the upward adjustment to intensity of commercial d :velol~$mOA iTEM
(both retail and offices) development levels are significantly lower than customarily a towtli.~/
10,000 square feet per acre) on 80 acres of land.
MAY 11 1999
It should be noted that purchase contracts are in place for most of the activity space in the activity
center and it has become apparent that this has resulted in more definitive site planning wl ~ich ~
an ability to more intensively use the space without exceeding traditional thresholds. AGIrNDA ITEM
AP. 2 999
STAFF RECOMMENDATION:
That the Collier County Planrang Commission recommend approval of Petition DOA-99-1 as
described by the amending DRI Development Order resolution.
RO~AZE F. ' ' P DATE
CURRENT PLANNING MANAGER
REVIEWED BY:
_ . MULHERE, AICP DATE
PLANNING SERVICES DEPARTMENT DIRECTOR
VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE
COMMUNITY DEV. AND ENVIRONMENTAL SVCS.
Petition Number DOA-99-1
Staff Report for the April 1, 1999 CCPC meeting.
COLLIER COUNTY PLANNING COMMISSION:
DOA-99-1 STAFF REPORT/tad
AGENOA ITEM
./;
MAY 1l 1999
p~./"/
P U D 9 - 0 1C4
PETITION NUMBER DATE
FOR I ~ ~ '
PUD AMENDMENT/DO AMENDMENT
COMMUNITY DEVELOPMENT DIVISION ...............
PLANNING SERVICES
1. Name of Applicant(s) WCI Communities Limited Partnership, a Delaware limited partnership
Applicant's Mailing Address 24301 Walden Center Drive
City Bonita Springs State FL Zip 34134
Applicant's Telephone Number: Bus.: (941) 947-2600 Fax:
Is the applicant the owner of the subject property? X Yes No
_ (a) If applicant is a land trust, so indicate and name beneficiaries below.
_ (b) If applicant is corporation other than a public corporation, so indicate and name
officers and major stockholders below.
X. (c) If applicant is a partnership, limited partnership or other business entity, so indicate
and name principals below.
_ (d) If applicant is an owner, indicate exactly as recorded, and list all other owners, if any.
_ (e) If applicant is a lessee, attach copy of lease, and indicate actual owners if not indicated
on the lease.
_ (f) If applicant is a contract purchaser, attach copy of contract, and indicate actual
owner(s) name and address below.
WCI Communities Limited Partnership is a Delaware limited parmership consisting of investors of
WCI, Inc., general partner, and Communities Investor, limited partner.
2. Name of Agent George L. Varnadoe
Firm Young. van Assenderp & Varnadoe, P.A.
Agents Mailing Address 801 Laurel Oak Drive, Suite 300 "'
City Naples State FL Zip 34108
Telephone Number: Bus.: (941) 597-2814 Fax: (941} 597-1060 "'
3. PUD ORDINANCE NAME AND NUMBER: Currently effective: Pelican Marsh Communi r PUD,
Ordinance No. 97-79, as amended by Ordinance No. 98-11. Original PUD approval on May 2 , 1
in Ordinance No. 93-27 was repealed by PUD Ordinance No. 95.-4 approved on January 2~, 1995.
4. DETAILED LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE APPLICATION
(If space is inadequate, attach on separate page. If request involves change to more than one zoning
district, include separate legal description for property involved in each district. If property is odd-
shaped, submit five [5] copies of survey [1" to 400' scale]). See attached.
THE APPLICANT IS RESPONSIBLE FOR SUPPLYING THE CORRECT LEGAL DESCRIPTION.
IF QUESTIONS ARISE CONCERNING THE LEGAL DESCRIPTION, AN ENGINEER'S
CERTIFICATION SHALL BE REQUIRED.
SECTIONS 25, 27, 34, 35 & 36 TOWNSHIP 48 South RANGE 25 East
Please refer to PUD Document, Section 1.2 for detailed legal description.
5. Address or location of subject property 2072.884- acres generally bordered on the west by Tamiami
Trail Noah, on the east by the future Livingston Road and on the south by Vanderbilt Beach Road.
6. Does property owner own contiguous property to the subject property? If so, give complete legal
description of entire contiguous property. (If space is inadequate, attach on separate page).
No.
7. TYPE OF AMENDMENT:
X A. PUD Document Language Amendment
X B. PUD Master Plan Amendment
X C. Development Order Language Amendment
8. DOES AMENDMENT COMPLY WITH THE COMPREHENSIVE PLAN: X Yes~ No
If no, explain:
9. HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITHIN THE LAST YEAR? IF
SO, IN WHOSE NAME? No.
PETITION #: DATE:
10. HAS ANY PORTION OF THE PUD BEEN SOLD AND/OR X
DEVELOPED7 ARE ANY CHANGES PROPOSED FOR THE AREA SOLD AND/OR
DEVELOPED7
Yes. X No. IF YES, DESCRIBE: (ATTACH ADDITIO ~AL~~
IF NECESSARY). MAY 11 ~999
2 ~
AFFIDAVIT
We, Jerry Schmoyer of WCI Communities being first duly sworn, depose and say that we
are the owners of the property described herein and which is the subject matter of the proposed heating; that
all the answers to the questions in this application, and all sketches, data and other supplementary matter
attached to and made a pan of this application, are honest and true to the best of our knowledge and belief.
We understand this application must be completed and accurate before a hearing can be advertised. We
further pertnit the undersigned to act as our representative in any matters regarding this Petition.
NOTE: SIGNATURES OF ALL OWNERS ARE MANDATORY.
For: WCI COMMUNITIES LIMITED PARTNERSHIP,
a Delaware Limited Partnership
SIGNAlGeorge Varnadoe
SWORN TO AND SUBSCRIBED BEFORE ME THIS ;i;~-a~' DAY OF iiJe~Jc~_;/ ,19ctq .
·
;..'~!~!7~': Cynthia A. De Vito
· .:. :' ',.~ r~ · . NotarY Public
> .......-" My Commission Exp. 09/02/2001
'~) i~,d~H...Ne~F/Sef, v~ce&Bo~li~lCo
(SEAL5'eeee "ee ...........
AGENDA field
No, (C) /
NAY 11 1999
,,,.
i
FORM RPM-BSP-PROPCHANGE- 1
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
DIVISION OF RESOURCE PLANNING AND MANAGEMENT
BUREAU OF STATE PLANNING
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(850) 487-4545
NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED
DEVELOPMENT OF REGIONAL IMPACT (DRI)
SUBSECTION 380.06(19), FLORIDA STATUTES
Subsection 380.06(19), Florida Statutes, requires that submittal of a proposed change to a
previously approved DRI be made to the local government, the regional planning agency, and the
state land planning agency according to this form.
1. ,' I, George L. Varnadoe, the undersigned authorized representative of WCI
Communities Limited Partnership, a Delaware limited partnership, hereby give notice of a
proposed change to a previously approved Development of Regional' impact in accordance with
Subsection 380.06(19), Florida Statutes. In support thereof, I submit the following information
concerning the Pelican Marsh Community development which information is true and correct to
the best of my knowledge. I have submitted today, under separate cover, copies of this completed
notification to Collier County, to the Southwest Florida Regional Planning Council, and to the
Bureau of State Planning, Department of Community Affairs.
( (Signature'3 ~ MAY 11 1999
P.../,,-/
CONSENT AND APPOINTMENT OF AGENT
This Consent and Appointment of Agent is made this ~~day of 3anuary, 1999, by WCI
Communities Limited Partnership, a Delaware limited partnership (hereinafter referred to as the
"Owner").
WITNESSETH
WHEREAS, the Owner has a mailing address of 24301 Walden Center Drive, Bonita
Springs, Florida 34134; and
WHEREAS, the Owner owns approximately 2075 acres of land located in Collier County,
Florida, more particularly described in Exhibit "A", attached hereto (hereinafier the "Subject
Property"), which land is located within the Pelican Marsh Development of Regional Impact CDRI")
which was approved in Development Order 95-1 issued by Collier County on January 24, 1995; and
WHEREAS, the Owner intends to carry out development on the Subject Property described
in Exhibit "A" which will require changes, amendments, or additions to the Pelican Marsh
Community PUD and DRI Development Order 95-1, that were issued by Collier County, and in
addition, may require approvals or actions by other agencies of the State of Florida and agencies of
local goverp4p_ent; and
WHEREAS, the Owner has decided to appoint an agent to represent them in preparing
applications for, and obtaining, any and all govemmental approvals necessary to develop the Subject
Property in the manner intended by the Owner, and to authorize said agent to act on its behalf with
full authority, to obtain such approvals, including amendments to the PUD and the DRI Development
Orders previously issued by Collier County for the Subject Property described in Exhibit "A".
NOW THEREFORE, the Owner, in order to authorize and direct its agent and
representative to act on its behalf to apply for and obtain necessary govemmental and agency
approvals on the Subject Property, consents to the following:
APPOINTMENT OF AGENTS
1. George L. Vamadoe and the law fn'rn of Young, van Assenderp & Vamadoe, P. A.,
whose address is 801 Laurel Oak Drive, Suite 300, Naples, Florida 34108, are hereby designated and
appointed the agent/representative of the Owner, with full authority to act on its behalf to perform
all legal services related to, and to supervise the preparation, submission, and revie'~ of a/~r~lD
applications needed to obtain approval of the Owner' s plan of development for the Subject3 'roPf, titY
described in Exhibit "A".
MAY 11 1999
2. George L. Varnadoe and the law firm of Young, van Assenderp & Vainado e, P. A.,
are authorized to represent and to act as agents for the Owner with their full authority before any ~.d
all governmental entities, and any agencies of the state and federal government as may be aPl ,_A__.
and reasonably related to obtaining approval of proposed development on the Subjet' t'roplllt~A
including amendments to the DRI Development Order, and PUD zoning or rezoning or tli b' ect
Property. These agencies or entities may include, but shall not be limited to, the folio ving:p 1999
a. The Collier County Board of County Commissioners and all departments,
divisions and sub-units of Collier County.
b. The Southwest Florida Regional Planning Council.
c. The Florida Departments of Community Affairs, Environmental Protection,
and Transportation.
d. The Florida Secretary of State and all other Cabinet level offices and agencies.
e. The Florida Land and Water Adjudicatory Commission.
f. The South Florida Water Management District.
AS EVIDENCE OF CONSENT TO AND APPOINTMENT OF THE AGENT named above,
the Owner, WCI Communities Limited Partnership, a Delaware limited partnership, has signed
below.
OWNER:
WCI COMMUNITIES LIMITED PARTNERSHIP
tt
(J
Title: Senior Vice President:
Dated: January 7, 1999
WITNESSES:
Signature
Printed Name AGENDA
(CTq~ - MAY l l 1~
Exhibit "A"
Legal Description
of
Pelican Marsh Community
PELICAN MARSH, being approximately 2072.88 acres, is legally described as follows:
BEGINNING at the southwest comer of Section 27, Township 48 South, Range 25 East,
Collier County, Florida;
thence. along the west line of said Section 27 and the easterly right-of-way line of U.S. 41
North 00°38'20" West 2623.40 feet to the west 1/4 comer of said Section 27;
thence continue along the west line of said Section 27 and said right-of-way North
00°39' 12" West 827.69 feet;
thence leaving said line North 89020'45" East 3844.57 feet to the westerly right-of-way
line of ,proposed Goodlette-Frank Road as recorded in Plat Book 13, page 58, Public
Records of Collier County, Florida;
thence along said westerly right-of-way line in the following four (4) described courses;
i) South (15°34'48" East 3545.96 feet to the south line of said Section 27;
2) South 05°33'I0, East 2642. I7 feet;
3) southerly 620.87 feet along the am of a circular curve concave westerly having a
radius of 2799.93 feet through a central angle of 12°42' 18" and being subtended
by a chord which bears South 00°47'59" West 619.60 feet;
4) South 07°09'08" West 1675.64 feet to the boundary l'.me of the plat of Pine Ridge
Second Extension as recorded in Plat Book 10, page 86 of the Public Records of
Collier County, Florida;
thence along the boundary of said Pine Ridge Second-Extemion in the following eight (8)
described courses;
1) South 89°50'58" West 88.21 feet; ..
2) North 31034'00" West 120.19 feet;
3) North 05037' i0" West 956.47 feet;
4) South 74046'39" West 379.98 feet; AC.,m~A
5) South 12°04'43" East 23.53 feet; _
OD South 87009'43" West 272.40 feet; so./~ (C') /
7) northwesterly 1854.46 feet along the arc of a non-tangential circular curveMAY
concave southwesterly having a radius of 1640.26 feet through a central angle of
64°46'40' and being subtended by a chord which bears North 48050'02, We~
1757.26 feet;
AGE~
8) North 8I°13'22" West 737.85 feet;
thence leaving said plat boundary North 00°03'39" West 707.85 feet;
thence South 89°33'32" East 336.81 feet;
thence North 00°26'28" East 180.64 feet;
thence northerly 37.60 feet along 'the arc of a circular curve concave easterly having a
radius of 130.00 feet through a central angle of 16°34'19" and being subtended by a
chord which bears North 08°43'37' East 37.47 feet;
thence North 17°00'47" East 181.41 feet;
thence northwesterly 654.92 feet along the arc of a circular curve concave southwesterly
having a radius of 395.00 feet through a central angle of 94°59'52" and being subtended
by a chord which bears North 30'29'09" West 582.44 feet
thence North 77°59'05' West 144.30 feet;
thence northwesterly 418.87 feet along.the arc of a circular curve concave northeasterly
having a radius of 800.00 feet through a central angle of 29°59'57" and being subtended
by a chord which bears North 62°59'06" West 414.10 feet
thence North 47°59'08" West 100.03 feet;
th_ence westerly 615.18 feet along the arc of a circular curve concave southerly having a
radius of 826.09 feet through a central angle of 42°40'04" and being subtended by a
chord which bears North 69°19' i0" West 601.07 feet;
thence South 89°20'48" West 204.55 feet to the west line of said Section 34, and the east
fight-of-way line of U.S. 41;
thenel along said line North 00°39'20" West 665.92 feet to the Point of Beginning;
LESSsAND EXCEPT all that part of Pelican Marsh Unit Five as recorded in Plat Book
22, pages .88 through 89 Public Records of Collier County, Florida being more
particular described as follows;
BEGINNIZNG at the northwesterly comer of said Pelican Marsh Unit Five;
thence along the boundary of said Pelican Marsh Unit Five South 89033'32" East
306.56 feet to a point on the west line of Tract WF-1 (Drainage Easement) according
to the Plat of Grand Isle at Pelican Marsh, Plat Book 24, pages 67 through 70, Public
Records of Collier County, Florida; ~
thence along said line South 00°00'0t3" East 481.17 feet to a point on the north line of
Tnct "B" (Vanderbilt Beach Road) according to the Plat'of Pelican Marsh Unit Five,
Plat Book 22, pages 88 through 89, Public Records of Collier County, Florida;
thence southwesterly, 306.37 feet along the arc of a non-tangential circular curve
concave to the southeast, having a radius of 2430.00, through a central angle of
07°13'26" and being subtended by a chord which bears South 88°I5'16" West 306.17
feet to a point on the boundary of said Pelican Marsh Unit Five;
thence along said line North 00°03'39" West 492.87 feet to the POINT OF
BEGINNING of the parcel herein described;
Containing 3.40 acres more or less;
Subject to easements and restrictions of record. MAY
Bearings are based on the north line of said Pelican Marsh Unit Five being South
89°33 '32- F, at.
containing 573.98 acres more or less;
subject to easements and restrictions of record;
TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL:
All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida
being more particularly described as follows:
Commencing at the west 1/4 comer of said Section 27;
thence aIong said west line North 00°39'12" West 827.69 feet;
thence leaving said line North 89020'45" East 577.78 feet to the POINT OF
BEGINNING of the parcel herein described;
thence North 57°47'59" East 46.92 feet;
thence North 68°35'21" .East 110.88 feet;
thence North 00°39' 12" West 187.52 feet;
thence North 77°43'40" East 573.08 feet;
thence South 72°59'03" East 785.48 feet;
thence South 00039, i5" East 27.71 feet;
thence North 89020'45" East 503.78 feet;
thence South 00°39'15" East 100.64 feet;
thence South 89020'45" West 1957.22 feet to the Point of Beginning of the parcel herein
d~c~bed;
Subject to easements and restrictions of record.
Containing 9.5 acres more or less.
Bearings are based on the west line of said Section 27 as being 'North 00039' 12" West;
AND LESS THE FOI-IDWING THREE (3) DESCRIBED PARCELS:
All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida
and being more particularly described as follows:
Commencing at the west one quarter comer Section 27, Township 48 South, Range 25
East;
thence along the west line of said Section 27 North 00°39' 12" West 827.69 feet;
thence leaving said section line North 89020'45" East 55.00 feet to the Point of
Beginning of the area thereon described; -
thence North 89020'45" East 366.45 feet;
thence South 00 °39' 15" East 34.09 feet;
thence southeasterly 47.35 feet along the arc of a non-tangential circular curve co caven°'~
southwesterly having a radius of 70.00 feet through a central angle of 38°45'23" ~ td AY
being subtended by a chord which bear~ South 64°19'09" East 46.45 feet to a poi:: of
compound curvature; pg. / c] ..
:.-
3
thence southerly 259.53 feet along the arc of a circular curve concave westerly having a
radius of 197.21 feet through a central angle of 75O24'06N and being subtended by a
chord which bears South 07°14'23" East 241.20 feet to a point of reverse curvature;
thence southerly 151.40 feet along the arc of a circular curve concave easterly having a
radius of 130.00 feet through a central angle of 66°43 '37" and being subtended by a
chord which bears South 02°54'07" East 142.99 feet to a point of reverse curvature;
thence southerly 120.22 feet along the arc of a circular curve concave westerly having a
radius of 70.00 feet through a central angle of 98o24. 12N and being subtended by a chord
which bears South 12°56' 10" West 105.98 feet;
thence South 62°08' 16" West 75.07 feet;
thence southerly 48.75 feet along the arc of a circular curve concave easterly having a
radius of 30.00 feet through a central ~anglc of 93°06' 13" and being subtended by a chord
which be",a's South 15°35'10" West 43.56 feet;
thence along South 30°57'58" East 34.79 feet;
thence southerly 19.94 feet along the arc of a circular curve concave westerly having a
radius of 80.00 feet through a central angle of 14°16'43" and being subtended by a chord
which bears South 23°49'37" East 19.89 feet;
thence along a non-tangential line South 84°13' 14" East 158.41 feet;
thence South 80°55'24H East 183.78 feet;
thence South 81°52'51" East 180.90 feet;
thence South 00°00'00" East 26I .28 feet;
thence North 90°00'00" West 394.57 feet;
thence North 00°00'00" East 271.73 feet;
thence North 84°13'14" West 120.32 feet;
thence South 33005'40" West 54.13 feet;
thence South 76°56'51" West 89.04 feet;
thence North 58°35'21" West 65.19 feet;
thence North 15031'55" West 74.80 feet;
thence North 00°41'41" West II5.24 feet;
thence North 28o22'47" East 171.51 feet;
thence North 17011'45" West 106.79 feet;
thence North 13°02'52" East 28.51 feet;
thence North 73°36' 14" West 54.78 feet;
thence South 49°16'08" West 1 I2.78 feet;
thence South 89°47'08" West 53.08 feet;
thence North 58000'49" West 50.49 feet;
thence North 00°39' 12" West 303.49 feet to the Point of Beginning of the area herein
described;
Containing 7.8 acres more or less;
Subject to easements and restrictions of record; No.
Bearings are based on the west line of Section 27, Township 48 South, Range 25 East,
Collier County, Florida being North 00°39' 12" West; MAY 11 1999
and
.... ',,,.
All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida
being more particularly described as follows:
Commencing at the west 1/4 comer of said Section 27;
thence along said west line North 00°39'12" West 827.69 feet;
thence leaving said line North 89020'45" East 2469.55 feet to the POINT OF
BEGINNING of the parcel herein described;
thence continue North 89020'45" East 787.88 feet;
thence South 84°45'32" West 23.43 feet;
thence South 74°56'42" West 121.32 feet;
thence South 79°49'51" West 45.93 feet;
thence westerly 45.51 feet along the arc of a tangential circular curve concave to the
north having a radius of 66.00 feet through a central angle of 39°30'16" and being
subtended by a chord which bears North 80025'01" West 44.61 feet to a point of reverse
curvature;
thence northwesterly 52.92 feet along the arc of a tangential circular curve concave to the
south having a radius of 150.00 feet through a central angle of 20012'57" and being
subtended by a chord which bears North 70°46'21" West 52.65 feet;
thence-North 80°52'50" West 36.59 feet;
thence westerly 46.17 feet along the arc of a tangential circular curve concave to the
south having a radius of 80.00 feet through a central angle of 33°04' 13" and being
subtended by a chord which bears South 82°35'04" West 45.54 feet to a point of reverse
curvature;
thence ~veste~y 38.16 feet along the arc of a tangential circular curve concave to the
north having a radius of 60.00 feet through a central angle of 36026' 18" and being
subtended by a chord which bears South 84°i6'06" West 37.52 feet to a point of reverse
curvature; "
thence westerly 68.84 feet along the arc of a tangential circular curve concave to the
south having a radius of 305.00 feet through a central angle of 12°55'58" and being
subtended by a chord which bears North 83°58'44" West 68.70 feet;
thence South 89°33'17" West 18.36 feet;
thence South 89°39' 1 1" West 71.63 feet;
thence North 89°35'03' West 36.03 feet;
thence South 86006'33" West 42.94 feet;
thence South 83°44'08" West 26.23 feet;
thence South 51°01 '05" West 27.49 feet;
thence South 33025'42" West 19.95 feet;
thence South 15°39'57" West 20.54 feet;
thence South 10°54'31" West 34.64 feet;
thence South 89020'06" West 101.06' feet;
thence North I0°45'58" East I01.42 feet to the Point of Beginning of the parcel hereit
described; HAY 11 1999
Subject to casements a~d resu'icdoas of record.
Conta~ng 0.48 acres more or less.
l~eadags m'¢ based on the west line of said Section 27 as being North 00°39' 12" West;
All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida
being more particularly described as follows:
Commencing at the west 1/4 comer of said Section 27;
thence along said west line North 00°39' 12" West 827.69 feet;
thence leaving said line North 89'20'45" East 3401.12 feet to the POINT OF
BEGINNING of the parcel herein described;
thence continue North 89`'20'45" East 443.43 feet;
thence South 05`'34'48" East 147.72 feet;
thence South 89'20'45" West 51.56 feet;
thence North 23"56'01" West 13.07 feet.;
thence northerly 30.72 feet along the are of a tangential circular curve concave to the east
having a radius of 80.00 feet through a cE.entral angle of 21°59'53" and being subtended
by a chord which bears North 12°56'04" West 30.53 feet;
thence North 05°01'01" West 31.56 feet;
thence North 36019'27" West 32.02 feet;
thence North 56°04'43" West 35.11 feet;
thence North 80`'39'23" West 32.53 feet;
thence North 88o39'20" West 97.78 feet;
thence North 86004'48" West 45.79 feet;
thence North 89049'56" West 132.77 feet;
then~ North 69°40' 18" West 37.23 feet to the Point of Beginning of the parcel herein
des&ibed;
Subject to easements and restrictions of record.
Containing 0.38 acres more or less.
Bearings are based on the west line of said Section 27 as being North 00°39' 12' West;
AND TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL;
BEGINNING at the northwest comer of said Section 35;
thenee along the north line of said Section 35 North 89`'45'35' East 5231.69 feet to the
west right-of-way line of Airport-Pulling Road (C.R. 3
thenee along said westerly right-of-way line South 00`'31'47' East 5258.31 feet to the
south line of said Section 35;
thenee along said south line South 89°39'22" West 2541.65 feet to the south 1/4 comer
of said Section
thenc~ continue along said south line South 89o39'32" West 2641.33 feet to the southwest
comer of said Section 35;
thenee along the south line of said Section 34 South 89`'51'02" West 391.57 feet to the
boundary line of a parcel described i~ O.R. Book 524,'page 121 of the Public Re~ ords
Collier County, Florida;
thence along the boundary of said parcel North 01`'03 '33" West 295.29 feet;
thence continue along the boundary of said parcel South 89~'51'02' West 443.21
the easterly right-of-way line of proposed Goodlette-Frank Road as recorded in PItt Book
13, page 58 of the Public Records of Collier County, Florida;
thence along said easterly right-of-way line North 07009'08" East 1729.52 feet; '
thence continue along said easterly right-of-way line northerly 649.69 feet along the arc
of a circular curve concave westerly having a radius of 2929.93 feet through a central
angle of 12°42'18" and being subtended by a chord which bears North 00047'59" East
648.37 feet;
thence continue along said right-of-way line North 05°33'10" West 2628.44 feet to a
point on the north line of said Section 34;
thence leaving said right-of-way line and along the north line of said Section 34 South
89°31 '31" East 772.91 feet to the Point of Beginning;
containing 708.39 acres more or less;
subject to easements and restrictions of record;
AND TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL
BEGINNING at the northeast comer of'Said Section 36;
thence along the east line of said Section, South 02°12'03"
East 2671.63 feet to the east 1/4 comer of said Section 36; thence continue along the east
line of said Section 36 South 02°06'28" East 2519.08 feet to a point on the northerly
fight-of-way line of Vanderbilt Beach Road;
thence along said northerly right-of-way line North 89039'39" West 2855.35 feet;
thence continue along said line North 89°43'59" West 2544.87 feet to a point on the
easterly fight-of-way line of Airport-Pulling Road (C.R. 31);
thence along said easterly fight-of-way line North 00031'47" West 4490.03 feet to the
south~vest comer of the east 15 feet of the west 115 feet of the south 80 feet of the north
619.49 feet of said Section 36;
thence along the south line of said land North 89°27'57" East 15.00 feet;
thence along the east line of said land North 00031'47, West 80.00 feet;
thence alefig the north line of said land South 89°27'57" West ]~5.00 feet to the east right-
of-way line of Airport Road (C.R. 31);
thence along said fight-of-way North 00°31 '47' West 539.49 feet to the north line of said
Section 36;
thence along said north line North 89°27'57" East 3914.28 feet to the southwest comer of
the east 1/2 of the east lr2 of said Section 25;
thence along the west line of the east I/'2 of the east 1/'2 of said Section 25 North
01"54'09" West 2668.19 feet;
thence continue along the west line of the east 1/2 of the east 1/2 of said Section 25 North
01°57. 16' West 2567.06 feet to a point on the southerly fight-of-way line of Immokalee
Road (C.R. 846);
thence along-said right-of-way North 89014'36" East 1325.57 feet to the east line of said
Section 25;
thence along said east line of sectlob 25 south 02006'59" East 2569.75 feet to ~e
1/4 comer of Section 25; No./~-(C)
thence continue along said east line of Section 25 South 02°00'46" East 2670.9' feetdXy 1 ] 1999
the Point of Beginning;
containing 789.67 acres more or less; ,g, _q 3
total parcel contains 2076.28 2,072.88 acres more or less;
' AGENDA ITEM
i'
.. APR 1999
7
subject to easements and restrictions of record;
bearings are based on the State Plane Coordinates 1983 datum 1990 adjustment, the north
line of Section 35, being North 89°45'35" East.
AGENDA ITEM
No.~
MAY 11 1999
2. Applicant (name, address, phone).
WCI Communities
24301 Walden Center Drive
Bonita Springs, Florida 34134
3. Authorized Agent (name, address, phone).
George L. Varnadoe, Esquire
Young, van Assenderp & Varnadoe, P.A.
801 Laurel Oak Drive, Suite 300
Naples, Florida 34108
4. Location (City, County, Township/Range/Section) of approved DRI and proposed change.
The Pelican Marsh Community is located in Sections 25, 27, 34, 35 and 36, Township
48 South, Range 25 East, Collier County, Florida.
5. Provide a complete description of the proposed change. Include any proposed changes to the
plan of development, phasing, additional lands, commencement date, build-out date,
develbpment order conditions and requirements, or to the representations contained in either
the development order or the Application for Development Approval.
Indicate such changes on the project master site plan, supplem. enting with other detailed
maps, as appropriate. Additional information may be requested by the Department or any
reviewing agency to clarify the nature of the change or the resulting impacts.
The Pelican Marsh DRI was originally approved by Collier County in 1995 (DO 95-1;
Resolution No. 95-71) to contain 5,600 dwelling units, 575,000 square feet of retail
commercial (gfa), 350,000 square feet of office space (including up to 100,000 square
feet of medical office), 280 hotel units, and 36 holes of golf. An approved 1997 NOPC
(DO 97-4; Resolution No. 97-457) decreased the number of dwelling units to 5,100 units
and decreased retail and office uses by 230,000 and 150,000 square feet, respectively.
An additional 27 golf holes and 120 hotel rooms were also approved in 1997.
WCI Communities is proposing minor revisions to the Pelican Marsh Master Plan to
reflect changes in the amounts of three previously approved land uses. The p ~F~--°~ I ' '
25,000 square feet of medical office use. These changes are reflected on [ ] I 1999
the
Pelican Marsh Master Plan (proposed) attached as Exhibit "A.'
Pg..
AGENDA I1T. M
·/,,2fr~//
-2 - -
AFR 2 1999
The chart on the following page describes the uses originally approved in the 1995
Pelican Marsh Development Order (DO 95-1) and the changes resulting from both the
NOPC approved in 1997 and the proposed changes that are the subject of the current
application.
With these proposed changes, considered cumulatively with the previous NOPC, the
Pelican Marsh DRI has been reduced by 500 dwelling units, 172,500 square feet (gfa)
of retail, and 175,000 square feet of office use since the 1995 DO was issued. There has
been a cumulative increase of 27 golf holes and increases of 36.4 acres of conservation
area and 55.2 acres of open space. With the proposed addition of 50 hotel rooms, the
number of approved rooms will total 450.
No additional land is being added to Pelican Marsh and there are no proposed changes
to the phasing, commencement or buildout dates, or to the currently approved
development order conditions and requirements. A traffic analysis prepared by David
Plummer & Associates, attached as Exhibit "B," establishes that the changes will not
have a significant or adverse impact on the regional roadway system.
The proposed changes do not constitute a substantial deviation from the currently
approved Pelican Marsh DRI.
AGENDA I'IT.,kl~
No,/,.-;.(~';>(
r,J/,';.'11 1999
pC.
APR '9
Pg. ,:~/~ ~
6. Complete the attached Substantial Deviation Determination Chart for all land use types
approved in the development. If no change is proposed or has occurred, indicate no change.
See Chart below.
7. List all the dates and resolution numbers (or other appropriate identification numbers) of all
modifications or amendments to the originally approved DRI development order that have
been adopted by the local government, and provide a brief description of the previous
changes (i.e., any information not already addressed in the Substantial Deviation
Determination Chart). Has there been a change in local govemment jurisdiction for any
portion of the development since the last approval or development order was issued? If so,
has the annexing local government adopted a new DRI development order for the project?
The Pelican Marsh DRI (DO 95-1) has been amended twice, as described below:
A. Collier Count)' approved Development Order 95-5, by Resolution No. 95-
555, on September 26, 1995. The change consisted of a new legal
description and corresponding plan and text changes to reflect the
addition of one (1) acre of land to the project.
~ B. Collier County issued Development Order 97-4, (Resolution 97-457) on
December 9, 1997, which approved the applicant's NOPC with the !and
use changes shown on the above chart following question number 5.
8. Describe any lands purchased or optioned within ~A mile of the original DRI site subsequent
to the original approval or issuance of the DRI development order. Identify such land, its
size, intended use, and adjacent non-project land uses within ¼ mile on a project master site
plan or other map.
WCI Communities has an option to purchase, during the year 2000, 151 acres of land
on the east side of the future Livingston Road. A legal description of this parcel is
attached hereto as Exhibit "C."
9. Indicate if the proposed change is less than 40% (cumulatively with other previous changes)
of any oft he criteria listed in Paragraph 380.06(19), Florida Statutes.
Do you believe this notification of change proposes a change which meets the cril ria
Subparagraph 380.06( 19)(e)2., Florida Statutes?
NO X MAY 11 1999
APR 2 999
10. Does the proposed change result in a change to the buildout date or any phasing date of the
project? If so, indicate the proposed new buildout or phasing dates.
No changes are proposed.
11. Will the proposed change require an amendment to the local government comprehensive
plan?
No.
Provide the following for incorporation into such an amended development order, pursuant
to Subsections 380.06(15), Florida Statutes, and 9J-2.025, Florida Administrative Code:
See attached proposed Development Order, attached as Exhibit "D."
12. A.n updated master site plan or other map of the development portraying and distinguishing
the proposed changes to the previously approved DRI or development order conditions·
A copy of the approved master plan is attached as Exhibit "E" and a copy of the
proposed plan is attached as Exhibit "A."
13. Pursuant to Subsection 380.06(19)(f), Florida Statutes, include the precise language that is
being proposed to be deleted or added as an amendment to the development order. This
language should address and quantify:
a. All proposed specific changes to the nature, phasing, and build-out date of the
development; to development order conditions and requirements; to commitments
and representations in the Application for Development Approval; to the acreage
attributable to each described proposed change of land use, open space, areas for
preservation, green belts; to structures or to other improvements including locations,
square footage, number of units; and other maj or characteristics or components of the
proposed change;
See proposed Master Plan, Exhibit "A" and revised Development Order,
Exhibit "D." There are no proposed changes to phasing or buildout dates, nor
to existing DO requirements and conditions.
""' AGENDAllT-M
b. An updated legal description of the property, if any project acreage is/has beer~ added.jr. (C_) I .
or deleted to the previously approved plan of development;
11 1999
No land is being added to Pelican Marsh. There is no change to th, i legal
description. pg._f..fi~
c. A proposed amended development order deadline for commencing physical
development of the proposed changes, if applicable;
Not applicable.
d. A proposed amended development order termination date that reasonably reflects the
time required to complete the development;
No change.
e. A proposed amended development order date until which the local government
agrees that the changes to the DRI shall not be subject to down-zoning; unit density
reduction, or intensity reduction, if applicable; and
No change.
f. Proposed amended development order specifications for the annual report, including
the date of submission, contents, and parties to whom the report is submitted as
specified in Subsection 9J-2.025 (7), F.A.C.
, '- No change.
AGENDA d"~,..M ,
No-~
MAY 11 1999
'I999
SUBSTANTIAL DEVIATION DETERMINATION CHART
TYPE OF CHANGE PROPOSED ORIGINAL PREVIOUS DO
LAND USE CATEGORY PLAN PLAN CHANGE & DATE:
COLLIER COUNTY D,O. 97-4;
RES. NO. 97-457, Dec. 9:1997
Attraction/ # Parking Spaces 400 (no change) 400 400
Recreation
# Spectators
#Seats 750 (no change) 750 750
Site Iocational changes See Map "H-2" See Map "H"
Acreage, including drainage, within 80-acre 15 acres within 80-acre "activity Center"
ROW, easements, etc. activity center
# External vehicle trips
D.O. conditions
ADA representations
Airports Runway (length) N/A N/A N/A
, Runway (strength)
Terminal(gross sq.fL)
# Parking spaces
# Gates
Apron area(gross sq.ft.)
Site locational changes
Airport acreage, including
drainage, ROW, easements, etc.
# External vehicle trips
D.O. conditions
ADA representations
Hospitals # Beds N/A N/A N/A
# Parking spaces
AGENDA ITEId
Building (gross sq.fi.) No.~
Site Iocational changes
Acreage, including drainage, MAY 11 199
ROw, easements, etc.
# External vehicle trips pg;~
D. O. conditions
ADA representations
- 8 -
TYPE OF CHANGE PROPOSED ORIGINAL PREVIOUS DO
LAND USE CATEGORY PLAN PLAN CHANGE & DATE:
COLLIER COUNTY D.O. 97-4;
RES. NO. 97-457, Dec. 9, 1997
Industrial Acreage, including drainage, N/A N/A N/A
ROW, easements, etc.
# Parking Spaces
Building (gross sq.ft.)
# Employees
Chemical Storage (barrels and
!bs.)
Site Iocational changes
# External vehicle trips
D. O. conditions
ADA representations
Mining Operations Acreage mined (year) N/A N/A N/A
Water withdrawal (gal/day)
- Size of mine (acres), including
drainage, ROW, easements, etc.
Site Iocational changes
# External vehicle trips
D. O. conditions
ADA representations
Office Acreage, including drainage, within 80-acre 20 acres within 80-acre "activity center"
ROW, easements, etc. "activity center"
Building (gross sq.fi.) 175,000 sq.fi. (up 350,000 sq. ft. (up 200,000 sq.fL (up to 50,000 sq.ft.
to 25,000 sq.fi. to 100,000 sq.fi. medical office)
medical office) medical office)
# Parking spaces
# Employees
Site Iocational changes See Map H-2 See Map "H"
# External vehicle trips
D. O. conditions
ADArepresentations
·
L
TYPE OF CHANGE PROPOSED ORIGINAL PREVIOUS DO
LAND USE CATEGORY PLAN PLAN CHANGE & DATE:
COLLIER COUNTY D.O. 97-4;
RES. NO. 97-457, Dec. 9, 1997
Petroleum/ Storage capacity N/A N/A N/A
Chemical Storage (barrels and/or lbs.)
Distance to navigable waters
(feet)
Site Iocational changes
Facility acreage, including
drainage, ROW, easements, etc.
# External vehicle trips
D.O. conditions
ADA representations
Ports (Marinas) # boats, wet storage N/A N/A N/A
# boats, dry storage
Dredge and fill (cu.yds.)
' Petroleum storage (gals.)
Site locational changes
Port acreage, including
drainage, ROW, easements, etc.
# External vehicle trips
D.O. conditions
ADA representations
Residential # Dwelling units 5,100 5,600 5,100
Type of dwelling units (no change)
# Lots
Acreage, inc. drainage, ROW, 576.8 acres 859 acres 576.8 acres
easements, etc. (no change)
Site Iocational changes See Map H-2 See Map "H" See Master Plan
# External vehicle trips
D.O. conditions
MAY 11 1999
Pg .'f_.~.~
L
-
TYPE OF CHANGE PROPOSED ORIGINAL PREVIOUS DO
LAND USE CATEGORY PLAN PLAN CHANGE & DATE:
COLLIER COUNTY D.O. 97-4;
RES. NO. 97-457, Dec. 9, 1997
Wholesale, Retail, Acreage, including drainage, within 80-acre 50 acres within 80-acre "activity center"
Service ROW, easements, etc. "activity center"
Floor space (gross sq.fi.) 402,500 gross 575,000 gross 345,000 gross sq.~.
sq.fi. sq.~.
# Parkin~ spaces
# Employees
Site !ocational chan~es See Map "H-2" See Map "H"
# External vehicle trips
D. O. conditions
ADA Representations
Hotel/~lotel # Rental Units 450 rooms 280 rooms 400 rooms
Floor space (gross sq.ft.)
# Parkin~ places
_ # Employees
Site iocational chan~es See Map "H-2" See Map "H"
Acreage, including drainage, within 80-acre .' within 80-acre "activity center"
ROW, easements, etc. activity center
#Extemal vehicle trips
D.O. conditions
ADA representations
ILV. Park Acreage, including drainage, N/A N/A N/A
ROW, easements, etc.
# Parking spaces
Buildings (gross sq.~.)
# Employees
AGF,,.NDA ITEM
Site locational chanl~es He. ,/r?. ~ ) !
# External vehicle trips
D.O. conditions
ADArepresentations o,v
TYPE OF CHANGE PROPOSED ORIGINAL PREVIOUS DO
LAND USE CATEGORY PLAN PLAN CHANGE & DATE:
COLLIER COUNTY D.O. 97-4;
RES. NO. 97-457, Dec. 9, 1997
Open Space (all Acreage 114.2 acres (no 59 acres 114.2 acres
natural and change)
vegetated}
Site locational chanSes See Map "H-2"
Type of open space
non-impervious D.O. conditions
surfaces)
ADA .representations
Preservation, Buffer Acreage 330.4 Acres (no 294 acres 330.4 acres
or Special change)
Protection Areas
Site locational chan~es See Map "H-2" See Map "H"
Development of site proposed
D. O. conditions
ADA representations
AGENDA ITEM
MAY 11 1999
Pg..~,~..~--
DEVELOPMENT ORDER NO. 99 -
RESOLUTION NO. 99 -
A RESOLUTION AMENDING DEVELOPMENT ORDER NO. 9~-1, AS
AMENDED, FOR THE PELICAN MARSH DEVELOPMENT OF REGIONAL
IMPACT BY PROVIDING FOR: SECTION ONE, AMENDING PARAGRAPH
FOUR OF THE FINDINGS OF FACT SECTION TO CHANGE THE SQUARE
FOOTAGE ATIRIBUTABLE TO CERTAIN OF THE REFERENCED LAND USES
SET FORTH THEREIN AND AMENDING THE MASTER PLAN; SECTION TWO,
FINDINGS OF FACT; SECTION THREE, CONCLUSIONS OF LAW; SECTION
FOUR EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER,
TRANSMITTAL TO DEPARTMENT OF COMMUNITY AFFAIRS AND
EFFECTIVE DATE.
WHEREAS, WCN Communities, Inc., (heroin "WCN") filed on November 30, 1993, with the
County of Collier an Application for Development Approval (ADA) of a Development of Regional Impact
(DR.I) known as Pelican Marsh Community in accordance with Subsection 380.06(6), Florida Statutes; and
WHEREAS, the Board of County Commissioners of Collier County, Florida, approved Development
Order 95-1 (the "Development Order") for the Pelican Marsh Community DRI on January 24, 1995; and
WHEREAS, the Board of County Commissioners of Collier County, Florida, approved Development
Order 95-5 by Resolution No. 95-555, amending Development Order 95-1, on September 26, 1995, to change
the legal description of the Pelican Marsh Community; and
WHEREAS, the Board of County Comrmssioners of Collier County, Florida, approved Development
Order 974 by Resolution No. 97-457, amending Development Order 95-1, on December 9, 1997, to revise
the acreages of various land uses within the development and amend paragraph 4 provisions regarding
hurricane evacuation/fioodplain and humcane shelters: and
WHEREAS, WCI Communities, a limited par~ership (heremarker "WCI"), the successor in interest
to WCN desires to make certain revisions to the plan of development and Development Order for the Pelican
Marsh Community and to make certain changes to the amounts of development approved heroin; and
WHERE-AS, WCI, through its authorized agent, has filed its application and notification of a
proposed change to Development Order 95- 1 , as amended, which is attached hereto and incorporated by
reference, marked as Exhibit "A": and
of Collier County, with jurisdiction pursuant to Section 380.06, Florida Statute is authorized and
M 11 19 9
empowered to consider proposed changes to the Pelican Marsh Community DRI Dev, opmen~der 95-1,
as amended; and pg. ,~/~
Words ~ are additions; Words ~_--,:~I~ tP. rc',:g~ are deleti< s. APR 2
WHEREAS, the Collier County Board of County Comnussioners has passed Ordinance No. 99-
on , 1999, which amended the PUD zoning for the Pelican Marsh Community
approved in Ordinance No. 97-79 on December 9, 1997; and
WHEREAS, the issuance of a development order pursuant to Chapter 380.06(19), Florida Statutes,
does not constitute a waiver of any power or rights regarding the issuance of other development permits not
consistent herewith by the County or State; and
WHEREAS, on ,1999, the Board of County Commissioners, at a public
heanng in accordance with Section 380.06, Florida Statutes, having considered WCI's applicalaon and Notice
of Proposed Changes to the Pelican Marsh Community Development Order 95-1, as amended, and the record
made at said hearing, and having considered the record of the documentary and oral evidence presented to
the Collier County Planning Commission; the report and recommendations of the Collier County Planning
Commission; the report and recommendations of the Collier County Staff and Advisory Boards; the report
and recommendations of the Southwest Florida Regional Planning Council, the Board of County
Commissioners of Collier County hereby approves the followmg Pelican Marsh Community Development
Order amendments.
SECTION ONE: AMENDMENTS TO DEVELOPMENT ORDER
A. Paragraph 4 of the Findings of Fact Section of Development Order 95-1, as amended
(Resolution 95-71, as amended) is hereby amended to read as follows:
4. The applicant proposes the development of the Pelican Marsh Community consisting of
2,072 acres. Pelican Marsh includes 80 acres of "activity center" use which will contain the following land
uses: up to 245,CY20~ ~95,000 square feet of gross floor area (GFA) of retail commercial use; up to 200,000
square feet of Gl~A of office commercial use, with up to 50,~rg20 25.000 GFA of medical office use; 400 450
hotel rooms; and an 80,000 GFA Cultural Center (Atlraction Facility) with 750 seats and 400 parl0ng spaces.
The Pelican Marsh Community will contain a manmum of S,100 residential dwelling units; 63 holes of golf
and clubhouses; 330.4 acres of conservanon area, (some of which is within an FP&L easement); 114.2 acres
of open space; and a 20 acre school site.
AGENDA RT, M
2. Ex~bit "A" CJV[ap H-l, Master Plan) of Development Order 95-I for
PcL~n Mar
o=.unity D ,as amended b, Deve,opmen, Order 95-5, is hereb, amende by r ,a,lass
Master P]a~, w~th Exhibit "B" hereto, a new Map H-2, Master Plan, attached and inco~ ~orated herein by
re[erence, reflectin8 the amended locations ofapproved ]and uses. P¢.
Words ~ are additions; Words s~_'c~ ~-ou~5 are delet ms.
SECTION TWO: FINDINGS OF FACT
A. The approved land uses within the Pelican Marsh DRI are depicted on Map H-2, Master
Plan, which is marked Exhibit "B", attached hereto and incorporated by reference herein.
B. The application is in accordance with Section 380.06(19), Florida Statutes.
C. The development of Pelican Marsh Community on 2,072 acres of land shall include the land
uses described in the above Findings of Fact at Paragraph 4.
D. The requested amendment to the previously approved Development Order is consistent with
the report and review of the SWFRPC.
E. A comprehensive review of the impact generated by the requested amendment has been
conducted by the County's departments and the SWFRPC.
F. The development is not m an area designated an Area of Critical State Concern pursuant to
the provisions of Section 380.06, Florida Statutes.
SECTION TltREE: CONCLUSIONS OF LAW
A. The requested amendment of this previously approved Development Order is consistent w~th
the report and recommendations of the SWFRPC and does not constitute a "substantial deviation" pursuant
to Section 380.06(19), Florida Statutes.
B. The proposed amendment to the previously approved Development Order will not
unreasonably interfere vath the achievement of the objectives of the adopted State Land Development Plan
applicable to the area.
C. The proposed amendment to the previously approved Development Order is consistent with
the Collier County Growth Management Plan and the Land Development Regulations adopted pursuant
thereto.
D. The proposed amendment to the previously approved Development Order is consistent with
the State Comprehensive Plan.
SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOP1VIi~NT ORDER(S)
TRANSMITTAL TO DCA AND EFFECTIVE DATE
1. Except as amended hereby, Development Order 95-5, as amended sha]
AGENDA ITEM
and effect, binding in accordance with its terms on al] parties thereto. This amended )cvc|q~fficnt Order
shall take precedence over all other applicable previous and subsequent Development h-der~h '
conflict thereof.
II
Words ~ are additions; Words s~,:.~k '~raugh are deh .
B. Copies of this Development Order 99-~ shall be transmitted immediately upon execution
to the Department of Community Affairs, Bureau of Land and Water Management, and the Southwest
Florida Regional Planning Council.
C. This Development Order shall take effect as provided by law.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of the Board. This
Resolution adopted after motion, second and majority vote. Done this day of
,1999.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
BY:
Attest as to Chairwoman's signature only PAMELA S. MAC'KIE, Chairwoman
Approved as to form and legal sufficiency:
MarJor{a} M. ~tudent '
Assistant County Attorney
PELICAN MARSH DEV. ORDER/rnd
AGENDA I'IT,.M
MAY 11 1999
I
A%ENDA ITEM
.
Words ~d~]med are additions; Words s~,:'ck t,~=c::gh are C ;1
FOR1VI RPM-BSP-PROPCHANGE- 1
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
DIVISION OF RESOURCE PLANNING AND MANAGEMENT
BUREAU OF STATE PLANNING
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(8S0) 487-4545
NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED
DEVELOPMENT OF REGIONAL IMPACT (I)RI)
SUBSECTION 380.06(19), FLORIDA STATUTES
Subsection 380.06(19), Florida Statutes, requires that submittal of a proposed change to a
previously approved DRI be made to the local government, the regional planning agency, and the
state land planning agency according to this form.
1. ,' I, George L. Varnadoe, the undersigned authorized representative of WCI
Communities Limited Partnership, a Delaware limited partnership, hereby give notice of a
proposed change to a previously approved Development of Regional' impact in accordance with
Subsection 380.06(19), Florida Statutes. In support thereof, I submit the following information
concerning the Pelican Marsh Community development which information is true and correct to
the best of my knowledge. I have submitted today, under separate cover, copies of this completed
notification to Collier County, to the Southwest Florida Regional Planning Council, and to the
Bureau of State Planning, Department of Community Affairs.
~./~2~---) I
(Signature"5 X,,N
MAY 11 1999
i :,GE,,,DA
·
P..xh-il:>,it "A"
CONSENT AND APPOINTMENT OF AGENT
This Consent and Appointment of Agent is made this ~~day of January, 1999, by WCI
Communities Limited Partnership, a Delaware limited parmership (hereinafier referred to as the
"Owner").
WITNESSETH
WHEREAS, the Owner has a mailing address of 24301 Walden Center Drive, Bonita
Springs, Florida 34134; and
WHEREAS, the Owner owns approximately 2075 acres of land located in Collier County,
Florida, more particularly described in Exhibit "A", attached hereto (hereina~er the "Subject
Property"), which land is located within the Pelican Marsh Development of Regional Impact CDRI")
which was approved in Development Order 95-1 issued by Collier County on January 24, 1995; and
WHEREAS, the Owner intends to carry out development on the Subject Property described
in Exhibit "A" which will require changes, amendments, or additions to the Pelican Marsh
Community PUD and DRI Development Order 95-1, that were issued by Collier County, and in
addition, may require approvals or actions by other agencies of the State of Florida and agencies of
local goverrgla,.ent; and
WHE~REAS, the Owner has decided to appoint an agent to represent them in preparing
applications for, and obtaining, any and all governmental approvals necessary to develop the Subject
Property in the mariner intended by the Owner, and to authorize said agent to act on its behalf with
full authority, to obtain such approvals, including amendments to the PUD and the DRI Development
Orders previously issued by Collier County for the Subject Property described in Exhibit "A".
NOW THEREFORE, the Owner, in order to authorize and direct its agent and
representative to act on its behalf to apply for and obtain necessary governmental and agency
approvals on the Subject Property, consents to the following:
APPOINTMENT OF AGENTS
1. George L. Vamadoe and the law firrn of Young, van Assenderp & Vamadoe, P. A.,
whose address is 801 Laurel Oak Drive, Suite 300, Naples, Florida 34108, are hereby designated and
appointed the agent/representative of the Owner, with full authority to act on its behalf to perform
all legal services related to, and to supervise the preparation, submission, and review of any
applications needed to obtain approval of the Owner' s plan of development for the Subject 1~ :oper~tsoA
described in Exhibit "A".
2. George L. Varnadoe and the law fu'm of Young, van Assenderp & Vainado, , P.h~Y
are authorized to represent and to act as agents for the Owner with their full authority before ny and
all governmental entities, and any agencies of the state and federal government as may be am
and reasonably related to obtaining approval of proposed development on the Subject Pr<
including amendments to the DRI Development Order, and PUD zoning or rezoning on he ' 6 7
Property. These agencies or entities may include, but shall not be limited to, the follo~ tin
a. The Collier County Board of County Commissioners and all departments,
divisions and sub-units of Collier County.
b. The Southwest Florida Regional Planning Council.
c. The Florida Departments of Community Affairs, Environmental Protection,
and Transportation.
d. The Florida Secretary of State and all other Cabinet level offices and agencies.
e. The Florida Land and Water Adjudicatory Commission.
f. The South Florida Water Management District.
AS EVIDENCE OF CONSENT TO AND APPOINTMENT OF THE AGENT named above,
the Owner, WCI Communities Limited Partnership, a Delaware limited partnership, has signed
below. -
OWNER:
WCI COMMUNITIES LIMITED PARTNERSHIP
'-
By:
Title: Sen/or Vice President
Dated: January 7, 1999
WITNESSES:
Signature
Printed Name no./_~- C__,C ) /
. (9iCy,,[ -- MAY 11 1999
Exhibit "A"
-C
Legal Description
of
Pelican Marsh Community
PELICAN MARSH, being approximately 2072.88 acres, is legally described as follows:
BEGINNING at the southwest comer of Section 27, Township 48 South, Range 25 East,
Collier County, Florida;
thence along the west line of said Section 27 and the easterly right-of-way line of U .S. 41
North 00038'20" West 2623.40 feet to the west 1/4 comer of said Section 27;
thence continue along the west line of said Section 27 and said right-of-way North
00*39' 12" West 827.69 feet;
thence leaving said line North 89020'45" East 3844.57 feet to the westerly right-of-way
line of ,proposed Goodlette-Frank Road'as recorded in Plat Book 13, page 58, Public
Records of Collier County, Florida;
thence along said Westerly right-of-way line in the foliowing four (4) described courses;
I) South 05*34'48' East 3545.96 feet to the south line of said Section 27;
2) South 05'33'10' Fast 2642.17 feet;
3) southerly 620.87 feet along the am of a circular curve concave westerly having a
radius of 2799.93 feet through a central angle of I2'42' 18" and being subtended
by a chord which bears South 00047'59, West 619.60 feet;
4) South 07*09'08" West 1675.64 feet to the boundary l'me of the plat of Pine Ridge
Second Extension as recorded in Plat Book 10, page 86 of the Public Records of
Collier County, Florida;
thence along the boundary of said Pine Ridge Second Extension in the following eight (8)
described courses;
I) South 89*50'58" West 88.21 feet;
2) North 31°34'00" West 120.19 feet; ..
3) North 05037'10" West 956,47 feet; .
4) South 74'46'39' West 379,98 feet;
5) South 12'04'43' East 23,53 feet; no./_~ (c) /
OD South 87'09'43' West 272.40 feet; M,~,Y 11 1899
7) northwesterly 1854.46 feet along the arc of a non-tangential circular curve
concave southwesterly having a radius of 1640.26 feet through a central angle of
64'46'40' and being subtended by a chord which bears North 48*50'02' West
1757.26 feet; ';
APR 1999
8) North 81°13'22" West 737.85 feet;
thence leaving said plat boundary North 00°03'39" West 707.85 feet;
thence South 89033'32" East 336.81 feet;
thence North 00026'28'' East 180.64 feet;
thence northerly 37.60 feet along 'the are of a circular curve concave easterly having a
radius of 130.00 feet through a central angle of 16°34'19" and being subtended by a
chord which bears North 08°43'37. East 37.47 feet;
thence North 17°00'47" East 181.41 feet;
thence northwesterly 654.92 feet along the am of a circular curve concave southwesterly
having a radius of 395.00 feet through a central angle of 94059'52" and being subtended
by a chord which bears North 30029'09" West 582.44 feet
thence North 77°59'05" West 144.30 feet;
thence northwesterly 418.87 feet along.the arc of a circular curve concave northeasterly
having a radius of 800.00 feet through a central angle of 29059'57" and being subtended
by a chord which bears North 62°59'06" West 414.10 feet
thence North 47°59'08" West 100.03 feet;
thence westerly 615.18 feet along the arc of a circular curve concave southerly having a
radius of 826.09 feet through a central angle of 42040'04" and being subtended by a
chord which bears North 69°19'10" West 601.07 feet;
thence South 89020'48" West 204.55 feet to the west line of said Section 34, and the east
right-of-way line of U.S. 41;
thene.~ along said line North 00°39 '20" West 665.92 feet to the Point of Beginning;
LESS AND EXCEPT all that part of Pelican Marsh Unit Five as recorded in Plat Book
22, pages 88 through 89 Public Records of Collier County, Florida being more
particular described as follows;
BEGINNING at the northwesterly comer of said Pelican Marsh Unit Five;
thence along the boundary of said Pelican Marsh Unit Five South 89°33'32" East
306.56 feet to a point on the west line of Tract WF-1 (Drainage Easement) according
to the Plat of Grand Isle at Pelican Marsh, Plat Book 24, pages 67 through 70, Public
Records of Collier County, Florida; ,
thence along said line South 00'00'00" East 481.17 feet to a point on the north line of
Tract "B" (Vanderbilt Beach Road) according to the Plat"of Pelican Marsh Unit Five,
Plat Book 22, pages 88 through 89, Public Records of Collier County, Florida;
thence southwesterly, 306.37 feet along the arc of a non-tangential circular curve
concave to the southeast, having a radius of 2430.00, through a central angle of
07'13'26" and being subtended by a chord which bears South 88'15'16" West 306.17
feet to a point on the boundary of said Pelican Marsh Unit Five; ...
thence along said line North 00'03'39" West 492.87 feet to the POINT OF ~,c.,8,ao~, mxru~
BEGINNING of the parcel herein described; ~. _/a Co) [
Containing 3.40 acres more or less;
Subject to easements and restrictions of record. MAY 11 1999
Bearings are based on the north line of said Pelican Marsh Unit Five being South
89'33'32' East. ~g. /?/~ .....
2
containing 573.98 acres more or less;
subject to easements and restrictions of record;
TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL:
All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida
being more particularly described as follows:
Commencing at the west 1/4 comer of said Section 27;
thence along said west line North 00039' 12" West 827.69 feet;
thence leaving said line North 89°20'45" East 577.78 feet to the POINT OF
BEGINNING of the parcel heroin descr. ibed;
thence North 57047'59" East 46.92 feet;
thence North 68°35'21" .East 110.88 feet;
thence North 00039' I2" West 187.52 feet;
thence North 77°43 '40" East 573.08 feet;
thence South 72°59'03" East 785.48 feet;
thence South 00°39' 15" East 27.71 feet;
thence North 89O20'45" East 503.78 feet;
thence South 00°39'i5" East 100.64 feet;
thence South 89O20'45~ West I957.22 feet to the Point of Beginning of the parcel herein
d~¢ribed;
Subject to easements and restrictions of record.
Containing 9.5 acres more or less.
Beatings are based on the west line of said Section 27 as being 'North 00039. 12" West;
AND LESS THE FOLLOWING THREE (3) DESCRIBED PARCELS:
All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida
and being more particularly described as follows:
Commencing at the west one quarter comer Section 27, TOwnship 48 South, Range 25
East;
thence along the west line of said-Section 27 North 00o39' 12" West 827.69 feet;
thence leaving said section line North 89o20'45" East 55.00 feet to the Point of
Beginning of the area thereon described;
thence North 89o20'45" East 366.45 feet;
thence South 00039, 15" East 34.09 feet; AGEI",I:)A IIYr. M
thence southeasterly 47.35 feet along the am of a non-tangential circular curve cone ve ~./~ (~ ~
southwesterly having a radius of 70.00 feet through a central angle of 38°45'23" an
being ~btended by a chord which bears South 64°19'09" East 46.45 feet to a point >f MAY 1 I 1599
compound curvature;
AGr~A
3
thence southerly 259.53 feet along the arc of a circular curve concave westerly having a
radius of 197.21 feet through a central angle of 75°24'06' and being subtended by a
chord which bears South 07°14'23'' East 241.20 feet to a point of reverse curvature;
thence southerly 151.40 feet along the arc of a ckcular curve concave easterly having a
radius of 130.00 feet through a central angle of 66°43'37" and being subtended by a
chord which bears South 02°54'07" East 142.99 feet to a point of reverse curvature;
thence southerly 120.22 feet along the arc of a circular curve concave westerly having a
radius of 70.00 feet through a central angle of 98024. 12" and being subtended by a chord
which bears South 12°56' 10" West 105.98 feet;
thence South 62°08'16" West 75.07 feet;
thence southerly 48.75 feet along the arc of a circular curve concave easterly having a
radius of 30.00 feet through a central ,angle of 93°06' 13" and being subtended by a chord
which bears South 15o35, 10" West 43.56 feet;
thence "~^'~- South 30°57'58" East 34.79 feet;
thence southerly 19.94 feet along the arc of a circular curve concave westerly having a
radius of 80.00 feet through a central angle of 14016'43" and being subtended by a chord
which bears South 23°49'37" East 19.89 feet;
thence along a non-tangential line South 84013, 14" East 158.41 feet;
thence South 80°55'24" East 183.78 feet;
thence South 81°52'51" East 180.90 feet;
thence South 00°00'00" East 261.28 feet;
thence North 90°00'00" West 394.57 feet;
thence North 00°00'00" East 271.73 feet;
thence North 84°13'14" West 120.32 feet;
-thence South 33~'05'40" West 54. I3 feet;
thence South 76°56'51" West 89.04 feet; '
thence North 58°35'21" West 65.19 feet;
thence North I5°31'55" West 74.80 feet;
thence North 00°41'41" West 115.24 feet;
thence North 28022'47" East 171.51 feet;
thence North 17°I1'45" West I06.79 feet;
thence North 13°02'52" East 28.51 feet;
thence North 73°36. 14" West 54.78 feet;
thence South 49°16'08, West I12.78 feet;
thence South 89~47'08" West 53.08 feet;
thence North 58°00'49" West 50.49 feet;
thence North 00°39. 12' West 303.49 feet to the Point of Beginning of the area herein .
described;
Containing 7.8 acres more or less;
Subject to easements and restrictions of record; ACiENDA I'l~--M~
Bearings are based on the west line of Section 27, Township 48 South, Range 25 .st. ~- ,/;- (_c_.) ! L
Collier County, Florida being North 00°39' 12" West; M~,Y 1 I 1888
and :~,g. /,/~ .
All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida
being more particularly described as follows:
Commencing at the west 1/4 comer of said Section 27;
thence along said west line North 00039, 12" West 827.69 feet;
thence leaving said line North 89o20'45" East 2469.55 feet to the POINT OF
BEGINNING of the parcel herein described;
thence continue North 89o20'45" East 787.88 feet;
thence South 84°45'32" West 23.43 feet;
thence South 74°56'42" West 121.32 feet;
thence South 79°49'51" West 45.93 feet;
thence westerly 45.51 feet along the arc of a tangential circular curve concave to the
north having a radius of 66.00 feet through a central angle of 39030. 16" and being
subtended by a chord which bears North 80°25'01" West 4a.61 feet to a point of reverse
curvature;
thence northwesterly 52.92 feet along the arc of a tangential circular curve concave to the
south having a radius of 150.00 feet through a central angle of 20012'57" and being
subtended by a chord which bears North 70°46'21" West 52.65 feet;
thence-North 80°52'50" West 36.59 feet;
thence westerly 46.17 feet along the arc of a tangential circular curve concave to the
south having a radius of 80.00 feet through a central angle of 33004. 13" and being
subtended by a chord which bears South 82°35'04" West 45.54 feet to a point of reverse
curvatUre;
thence westerly 38.16 feet along the arc of a tangential circular curve concave to the
north having a radius of 60.00 feet through a central angle of 36°26' 18" and being
subtended by a chord which bears South 84016'06" West 37.52 feet to a point of reverse
curvatUre; '
thence westerIy 68.84 feet along the arc of a tangential circular curve concave to the
south having a radius of 305.00 feet through a central angle of 12°55 '58" and being
subtended by a chord which bears North 83058'44" West 68.70 feet;
thence South 89°33'I7" West 18.:36 feet;
thence South 89°39'11" West 71.63 feet;
thence North 89035'03. West :36.03 feet;
thence South 86°06':33" West 42.94 feet;
thence South 8:3°44'08" West 26.23 feet;
thence South 51°01'05" West 27.49 feet;
thence South :3:3°25'42" West I9.95 feet;
thence South 15°:39'57" West 20.54 feet;
thence South I0°54'31" West :34.64 feet;
thence South 89o20'06" West 101.06' feet;
thence North 10°45'58" East 101.42 feet to the Point of Beginning of the parcel hereit AGrr. NO^ rfD, S
described; so.__/;CC~ t
Subject to easements and restrictions of record.
Containing 0.48 acres more or less. MAY I 1 1999
Bearings are based on the west line of said Section 27 as being North 00°39' 12" West
All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida
being more particularly described as follows:
Commencing at the west 1/4 comer of said Section 27;
thence along said west line North 00"39' 12~ West 827.69 feet;
thence leaving said line North 89020'45" East 3401.12 feet to the POINT OF
BEGINNING of the parcel herein described;
thence continue North 89°20'45" East 443.43 feet;
thence South 05°34'48" East 147.72 feet;
thence South 89020'45" West 51.56 feet;
thence North 23°56'01" West 13.07 feet;
thence northerly 30.72 feet along the ar~ of a tangential circular curve concave to the east
having a radius of 80.00 feet through a 6entral angle of 21°59'53" and being subtended
by a chord which bears North 12°56'04" West 30.53 feet;
thence North 05°01 '01" West 31.56 feet;
thence North 36°19'27" West 32.02 feet;
thence North 56°04'43" West 35.11 feet;
thence North 80°39'23" West 32.53 feet;
thence North 88039'20" West 97.78 feet;
thence North 86004'48" West 45.79 feet;
thence North 89°49'56" West 132.77 feet;
thenCe. North 69°40'18" West 37.23 feet to the Point of Beginning of the parcel herein
described;
Subject. to easements and restrictions of record.
Containing 0.38 acres more or less.
Bearings ara based on the west line of said Section 27 as being North 00039. 12' West;
AND TOGETHER WrlT-I THE FOLLOWING DESCRIBED PARCEL;
BEGINNING at the northwest comer of said Section 35;
thence along the north line of said Section 35 North 89°45'35' East 5231.69 feet to the
west right-of-way line of Airport-Pulling Road (C.R. 31)i.
thence along said westerly right-of-way line South 00°~1'47~ East 5258.31 feet to the
south line of said Section 35;
thence along said south line South 89°39'22~ West 2541.65 feet to the south I/4 comer
of said Section 35;
thence continue along said south line South 89°39'32" West 2641.33 feet to the southwest
comer of said Section 35;
thence along the south line of said Section 34 South 89°51'02" West 391.57 feet to the
boundary line of a parcel described ih O.R. Book 524,'page I21 of the Public Rec, ,~d~ uica,~A
Collier County, Florida; so.
thence along the boundary of said parcel North 01°03'33" West 295.29 feet;
thence continue along the boundary of said parcel South 89°51 '02~ West 443.28 ~et~,y
the easterly right-of-way line of proposed Goodlette-Frank Road as recorded in Pla Book
13, page 58 of the Public Records of Collier County, Florida; p~::
thence along said easterly fight-of-way line North 07009'08* East 1729.52 feet; ~ "'
thence continue along said easterly right-of-way line northerly 649.69 feet along the arc
of a circular curve concave westerly having a radius of 2929.93 feet through a central
angle of 12°42'I8" and being subtended by a chord which bears North 00o47'59" East
648.37 feet;
thence continue along said right-of-way line North 05°33'10" West 2628.44 feet to a
point on the north line of said Section 34;
thence leaving said right-of-way line and along the north line of said Section 34 South
89°31'31" East 772.91 feet to the Point of Beginning;
containing 708.39 acres more or less;
subject to easements and restrictions of record;
AND TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL
BEGINNING at the northeast comer of said Section 36;
thence along the east line of said Section, South 02o12'03"
East 2671.63 feet to the east 1/4 comer of said Section 36; thence continue along the east
line of said Section 36 South 02006'28" East 2519.08 feet to a point on the northerly
right-of-way line of Vanderbilt Beach Road;
thence along said northerly right-of-way line North 89°39'39" West 2855.35 feet;
thence continue along said line North 89o43'59" West 2544.87 feet to a point on the
castefly right-of-way line of Airport-Pulling Road (C.R. 31);
thence along said easterly right-of-way line North 00031'47" West 4490.03 feet to the
soutli~est comer of the east 15 feet of the west 115 feet of the south 80 feet of the north
619.49 feet of said Section 36;
thence along the south line of said land North 89o27'57" East 15.00 feet;
thence along the. east line of said land North 00031'47" West 80.00 feet;
thence along the north line of said land South 89o27'57" West ~.5.00 feet to the east right-
of-way line of Airport Road (C.R. 31);
thence along said right-of-way North 00°31'47" West 539.49 feet to the north line of said
Section 36;
thence along said north line North 89o27'57" East 3914.28 feet to the southwest comer of
the east 1/'2 of the east 1/2 of said Section 25;
thence along the west line of the east 1/2 of the east. I/2 of said Section 25 North
01°54'09" West 2668.19 feet;'
thence continue along the west line of the east 1/2 of the east 1/2 of said Section 25 North
01°57'16. West 2567.06 feet to a point on the southerly right-of-way line of Immokalee
Road (C.R. 846');
thence along-said right-of-way North 89°14'36' East 1325.57 feet to the east line of said
Section 25;
thence along said east line of Section 25 South 02°06'59
1/4 comer of Section 25; No.~
thence continue along said east line of Section 25 South 02o00'46" East 2670.97 et to
the Point of Begirming; MAY 11 1999
containing 789.67 acres more or less;
total parcel contains 2076.28 2,072.88 acres more or less;
AGENOA ITEM
APR 1999
subject to easements and restrictions of record;
bearings arc based on the State Plane Coordinates 1983 datum 1990 adjustment, the north
line of Section 35, being North 89o45'35" East.
AGENDA IlTJsd
No, ./;--(,._C~t
NAY 11 1999
2. Applicant (name, address, phone).
WCI Communities
24301 Walden Center Drive
Bonita Springs, Florida 34134
3. Authorized Agent (name, address, phone).
George L. Varnadoe, Esquire
Young, van Assenderp & Varnadoe, P.A.
801 Laurel Oak Drive, Suite 300
Naples, Florida 34108
4. Location (City, County, Township/Range/Section) of approved DRI and proposed change.
The Pelican Marsh Community is located in Sections 25, 27, 34, 35 and 36, Township
48 South, Range 25 East, Collier County, Florida.
5. Provide a complete description of the proposed change. Include any proposed changes to the
plan of development, phasing, additional lands, commencement date, build-out date,
devel6pment order conditions and requirements, or to the representations contained in either
the development order or the Application for Development Approval.
Indicate such changes on the project master site plan, supplementing with other detailed
maps, as appropriate. Additional information may be requestei:l by the Department or any
reviewing agency to clarify the nature of the change or the resulting impacts.
The Pelican Marsh DRI was originally approved by Collier County in 1995 (DO 95-1;
Resolution No. 95-71) to contain 5,600 dwelling units, 575,000 square feet of retail
commercial (gfa), 350,000 square feet of office space (including up to 100,000 square
feet of medical office), 280 hotel units, and 36 holes of golf. An approved 1997 NOPC
(DO 9%4; Resolution No. 97457) decreased the number of dwelling units to 5,100 units
and decreased retail and office uses by 230,000 and 150,000 square feet, respectively.
An additional 27 golf holes and 120 hotel rooms were also approved in 1997.
WCI Communities is proposing minor revisions to the Pelican Marsh Master Plan to
reflect changes in the amounts of three previously approved land uses. The proposed
changes are an increase of 50,000 square feet of leasable retail commercial us,
57,500 square feet of gross floor area), an increase of 50 hotel rooms and a
25,000 square feet of medical office use. These changes are reflected on th~
Pelican Marsh Master Plan (proposed) attached as Exhibit "A.' MAY I 1 1999
2 I k~GES~ ITEM
The chart on the following page describes the uses originally approved in the 1995
Pelican Marsh Development Order (DO 95-1) and the changes resulting from both the
NOPC approved in 1997 and the proposed changes that are the subject of the current
application.
With these proposed changes, considered cumulatively with the previous NOPC, the
Pelican Marsh DRI has been reduced by 500 dwelling units, 172,500 square feet (gfa)
of retail, and 175,000 square feet of office use since the 1995 DO was issued. There has
been a cumulative increase of 27 golf holes and increases of 36.4 acres of conservation
area and 55.2 acres of open space. With the proposed addition of 50 hotel rooms, the
number of approved rooms will total 450.
No additional land is being added to Pelican Marsh and there are no proposed changes
to the phasing, commencement or buildout dates, or to the currently approved
development order conditions and requirements. A traffic analysis prepared by David
Piummer & Associates, attached as Exhibit "B," establishes that the changes will not
have a significant or adverse impact on the regional road~vay system.
The proposed changes do not constitute a substantial deviation from the currently
approved Pelican Marsh DRI.
AGENDA ITEM
No.~
MA ,' 1t 1999
6. Complete the attached Substantial Deviation Determination Chart for all land use types
approved in the development· If no change is proposed or has occurred, indicate no change·
See Chart below.
7. List all the dates and resolution numbers (or other appropriate identification numbers) of all
modifications or amendments to the originally approved DRI development order that have
been adopted by the local government, and provide a brief description of the previous
changes (i.e., any information not already addressed in the Substantial Deviation
Determination Chart). Has there been a change in local government jurisdiction for any
portion of the development since the last approval or development order was issued? If so,
has the annexing local government adopted a new DRI development order for the project?
The Pelican Marsh DRI (DO 95-1) has been amended twice, as described belo~v:
- A. Collier County approved Development Order 95-5, by Resolution No. 95-
555, on September 26, 1995. The change consisted of a new legal
description and corresponding plan and text changes to reflect the
addition of one (1) acre of land to the project.
B. Collier County issued Development Order 97-4, (Resolution 97-457) on
December 9, 1997, which approved the applicant's NOPC with the land
use changes shown on the above chart following question number 5.
8. Describe any lands purchased or optioned within ¼ mile of the original DRI site subsequent
to the original approval or issuance of the DRI development order. Identify such land, its
size, intended use, and adjacent non-project land uses within ¼ mile on a project master site
plan or other map.
WCI Communities has an option to purchase, during the year 2000, 151 acres of land
on the east side of the future Livingston Road. A legal description of this parcel is
attached hereto as Exhibit "C."
9. Indicate if the proposed change is less than 40% (cumulatively with other previous changes)
of any of the criteria listed in Paragraph 380.06(19), Florida Statutes.
Do you believe this notification of change proposes a change which meets the cri
Subparagraph 380.06(19)(e)2., Florida Statutes?
YES NO X MAY
- 5 - ~~~/
I
10. Does the proposed change result in a change to the buildout date or any phasing date of the
project? If so, indicate the proposed new buildout or phasing dates.
No changes are proposed.
I 1. Will the proposed change require an amendment to the local government comprehensive
plan?
No.
Provide the following for incorporation into such an amended development order, pursuant
to Subsections 380.06(15), Florida Statutes, and 9J-2.025, Florida Administrative Code:
See attached proposed Development Order, attached as Exhibit "D."
12. An updated master site plan or other map of the development portraying and distinguishing
thi~ proposed changes to the previously approved DRI or development order conditions.
A copy of the approved master plan is attached as Exhibit "E" and a copy of the
proposed plan is attached as Exhibit "A."
.--- 13. Pursuant to Subsection 380.06(19)(f), Florida Statutes, include the precise language that is
being proposed to be deleted or added as an amendment to the development order. This
language should address and quantify:
a. All proposed specific changes to the nature, phasing, and build-out date of the
development; to development order conditions and requirements; to commitments
and representations in the Application for Development Approval; to the acreage
attributable to each described proposed change of land use, open space, areas for
preservation, green belts; to structures or to other improvements including locations,
square footage, number of units; and other maj or characteristics or components of the
proposed change;
See proposed Master Plan, Exhibit "A" and revised Development Order,
Exhibit "D." There are no proposed changes to phasing or buildout dates, nor
to existing DO requirements and conditions.
b. An updated legal description of the property, if any project acreage is/has beer adde8
or deleted to the previously approved plan of development;
No !and is being added to Pelican Marsh. There is no change to th, leg~Y
description.
- 6 - ~/,
c. A proposed amended development order deadline for commencing physical
development of the proposed changes, if applicable;
Not applicable.
d. A proposed amended development order termination date that reasonably reflects the
time required to complete the development;
No change.
e. A proposed amended development order date until which the local government
agrees that the changes to the DRI shall not be subject to down-zoning; unit density
reduction, or intensity reduction, if applicable; and
No change.
f. Proposed amended development order specifications for the annual report, including
the date of submission, contents, and parties to whom the report is submitted as
specified in Subsection 9J-2.025 (7), F.A.C.
,' No change.
' A~A ITEM
Jc dc//
MAY 11 1999
PE._,~
--- SUBSTANTIAL DEVIATION DETERMINATION CHART
TYPE OF CHANGE PROPOSED ORIGINAL PREVIOUS DO
LAND USE CATEGORY PLAN PLAN CHANGE & DATE:
COLLIER COUNTY D.O. 97-4;
RES. NO. 97-457, Dec. 9, 1997
Attraction/ # Parking Spaces 400 (no change) 400 400
Recreation
# Spectators
#Seats 750 (no change) 750 750
Site locational chan[~es See Map "H-2" See Map "H"
Acreage, including drainage, within 80-acre 15 acres within 80-acre "activity center"
ROW, easements, etc. activity center
# External vehicle trips
D.O. conditions
ADA representations
Airports Runway (length) N/A N/A N/A
,' Runway (strength)
" Terminal(gross sq.fi.)
# Parking spaces
# Gates
Apron area(gross sq.ft.)
Site Iocational changes
Airport acreage, including
drainage, ROW, easements, etc.
# External vehicle trips
D.O. conditions
ADA representations
Hospitals # Beds N/A N/A N/A
# Parking spaces
Building (gross sq.fi.)
Site locational changes
Acreage, including drainage,
ROW, easements, etc.
# External vehicle trips
D. O. conditions
U ADA representations .............
AP2 2
- 8 -
TYPE OF CHANGE PROPOSED ORIGINAL PREVIOUS DO
LAND USE CATEGORY PLAN PLAN CHANGE & DATE:
COLLIER COUNTY D.O. 97-4;
RES. NO. 97-457, Dec. 9, 1997
Industrial Acreage, including drainage, N/A N/A N/A
ROW, easements, etc.
# Parkin~ Spaces
Buildin~ (~r.oss sq.fi.)
# Employees
Chemical Storage (barrels and
Ibs .)
Site locational chan~es
# External vehicle trips
D. O. conditions
ADA representations
Mining Operations Acreage mined (year) N/A N/A N/A
Water withdrawal (~al/day)
Size of mine (acres), including
drainage, ROW, easements, etc.
Site locational changes
# External vehicle trips
D. O. conditions
ADA representations
Office Acreage, including drainage, within 80-acre 20 acres within 80-acre "activity center"
ROW, easements, etc. "activity center"
Building (gross sq.ft.) 175,000 sq.ft. (up 350,000 sq. ft. (up 200,000 sq.fi. (up to 50,000 sq.fL
to 25,000 sq.fi. to 100,000 sq.t~. medical office)
medical office) medical office)
# Parkin~ spaces
# Employees
Site locational chan~es See Map H-2 See Map "H"
# External vehicle trips . ~, r ~, ,
D. O. conditions
ADA representations MAY
' AGENDA ITT:.M
-9-
TYPE OF CHANGE PROPOSED ORIGINAL PREVIOUS DO
LAND USE CATEGORY PLAN PLAN CHANGE & DATE:
COLLIER COUNTY D.O. 97-4;
RES. NO. 97-457, Dec. 9, 1997
Petroleum/ Storage capacity N/A N/A N/A
Chemical Storage (barrels and/or lbs.)
Distance to navigable waters
(feet/
Site Iocational chan~es
Facility acreage, including
drainage, ROW, easements, etc.
# External vehicle trips
D.O. conditions
ADA representations
Ports (l~!arinas) # boats, wet storage N/A N/A N/A
# boats, d~ storage
Dredge and fill (cu.yds.)
' Petroleum storage (~als.)
Site Iocational chan~es
Port acreage, including
drainage, ROW, easements, etc.
# External vehicle trips
D.O. conditions
ADA representations
Residential # Dwelling units 5,100 5,600 5,100
Type ofdwellin~ units (no chan[~e)
# Lots
Acreage, inc. drainage, ROW, 576.8 acres 859 acres 576.8 acres
easements, etc. (no chan[~e)
Site locational chan[~es See Map H-2 See Map "H" See Master Plan
# External vehicle trips AC/J~A I1T.~
D.O. conditions ~,-~--~
MAY 11 1999
~.GENOA I,~A
Ao, 2 99
~ 3,0 - ~
TYPE OF CHANGE PROPOSED ORIGINAL PREVIOUS DO
LAND USE CATEGORY PLAN PLAN CHANGE & DATE:
COLLIER COUNTY D.O. 97-4;
RES. NO. 97-457, Dec. 9, 1997
Wholesale, Retail, Acreage, including drainage, within 80-acre 50 acres within 80-acre "activity center"
Service ROW, easements, etc. "activity center"
Floor space (gross sq.fi.) 402,500 gross 575,000 gross 345,000 gross sq.fL
sq.~. sq.~.
# Parking spaces
# Employees
Site locational chan~es See Map "H-2" See Map "H"
# External vehicle trips
D. O. conditions
ADA Representations
Hotel/5lotel # Rental Units 450 rooms 280 rooms 400 rooms
Floor space (gross sq.fi.)
# Parking places
# Employees _
Site locational chan~es See Map "H-2" See Map "H"
Acfl~age, including drainage, within 80-acre .' within 80-acre "activity :center"
ROW, easements, etc. activity center
# External vehicle trips
D.O. conditions
ADA representations
R.V. Park Acreage, including drainage, N/A N/A N/A
ROW, easements, etc.
# Parking spaces
Buildings (gross sq.fi.)
# Employees
Site locationai changes
AGENDA
# External vehicle trips r ,
No.~_
D.O. conditions
ADA representations b/l~xY 11 19! ~9
- 3.3. -
TYPE OF CHANGE PROPOSED ORIGINAL PREVIOUS DO
LAND USE CATEGORY PLAN PLAN CHANGE & DATE:
COLLIER COUNTY D.O. 97-4;
RES. NO. 97-457, Dec. 9, 1997
Open Space (all Acreage 114.2 acres (no 59 acres 114.2 acres
natural and change)
vegetated)
Site Iocational chan~es See Map "H-2"
Type of open space
non-impervious D.O. conditions
surfaces)
ADA representations
Preservation, Buffer Acreage 330.4 Acres (no 294 acres 330.4 acres
or Special change)
Protection Areas
Site locational chant~es See Map "H-2" See Map "H'
Development of site proposed
D. O. conditions
ADA representations
i
!
i ,,
EXECUTIVE SUMMARY
ADOPT AN ORDINANCE AMENDING ORDINANCE NO. 97-37, THE
RECLAIMED WATER SYSTEM ORDINANCE; BY ADDING SUBSECTION B TO
SECTION TWENTY-THREE, CUSTOMER'S ON-SITE REUSE SYSTEM; TO
ESTABLISH POLICY REGARDING RATES THAT THE COUNTY'S RECLAIMED
WATER CUSTOMERS MAY UTILIZE TO PASS-THROUGH DIRECT COSTS. TO
INDIVIDUAL END USERS; PROVIDING FOR INCLUSION INTO THE CODE OF
LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING AN EFFECTIVE DATE.
OBJECTIVE: That the Board of County Commissioners adopt an amendment to Ordinance No.
97-37, the Collier County Reclaimed Water System Ordinance.
CONSIDERATIONS: In May of 1997, the Board of County Commissioners adopted Ordinance
No. 97-37, this ordinance governs policies, procedures and conditions regarding the use of the
reclaimed water system. On March 23, 1999, the Board authorized staff to amend the Reclaimed
Water System Ordinance to include provisions that allow for the customer to submeter the
reclaimed water and/or otherwise reasonably allocate the cost of reclaimed water service. This
proposed revision also requires the customer, upon an internal users request, to provide an
explanation of the basis of charges.
This ordinance has been reviewed and approved as to form and legal sufficiency by the County
Attorney's office.
GROWTH MANAGEMENT IMPACT: None.
FISCAL IMPACT: There is no fiscal impact associated with the adoption of the amendment to
this ordinance.
RECOMMENDATION: That the Board of County Commissioners of Collier County,
Florida, as the governing body of Collier County and as Ex-Officio the Governing Board of the
Collier County Water/Sewer District approve the ordinance amendment to the Collier County
Reclaimed Water System Ordinance.
A/m Mari~ S ~x,r~,'/Cn~!flLy~ Assistant II
Reviewed ~,~/'~ // Dat~ Operations & Interim Wastewater Director
Reviewed By. Date: /,,
t AC~Nt}~ ITEM'
Ed Ilschner, Public Works Administrator
MAY t 11999
~G._. /
1 ORDINANCE NO. 98-
2
3 AN ORDINANCE AMENDING ORDINANCE NO. 97-37,
4 THE COLLIER COUNTY RECLAIMED WATER SYSTEM
5 ORDINANCE; BY ADDING SUBSECTION (B) TO
6 SECTION TWENTY-THREE, "CUSTOMER'S ON-SITE
7 REUSE SYSTEM" TO ESTABLISH POLICY REGARDING
8 RATES THAT THE COUNTY'S RECLAIMED WATER
9 CUSTOMERS MAY UTILIZE TO PASS-THROUGH
1o DIRECT COSTS TO INDIVIDUAL END USERS;
11 PROVIDING FOR INCLUSION INTO THE CODE OF
12 LAWS AND ORDINANCES; PROVIDING FOR CONFLICT
13 AND SEVERABILITY; PROVIDING AN EFFECTIVE
14 DATE.
15
16 WHEREAS, on May 12, 1997, the Board of County Commissioners of
17 Collier Cotmty, Florida, as the Governing Body of Collier County, enacted Collier
18 County Ordinance No. 97-37, a reclaimed water system Ordinance, governing
19 policies, procedures and conditions regarding the use of the County's reclaimed
20 water system; and
21
22 WHEREAS, the Board of County Commissioners desires to amend that
23 Ordinance to authorize submetering and allocation of direct costs in accordance with
2,1 existing policies and procedures applicable to potable water submetering and allocation
2S of direct costs.
26
27 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
28 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING
29 BODY OF THE COLLIER COUNTY WATER-SEWER DISTRICT, that:
30
31 ~.,C. ILO~LOh~: AMENDMENTS TO SECTION TWENTY-THREE OF
32 ORDINANCE NO. 97-37 - CUSTOMER'S ON-SITE REUSE
33 SYSTEM.
34
~s Section twenty-three of Ordinance No. 97-37 is hereby amended
36 by adding a new subsection (B) thereto, which reads as follows:
37
38 A. The applicant shall, at its expense, construct all necessary on-site reuse
39 facilities such as pipes, storage facilities, and spray or sprinkler facilities for the reuse of
40 reclaimed water. The applicant shall, at its expense, construct all necessary transmission
41 mains, re-pump stations and appurtenant improvements for transmitting reclaimed water
42 from the County transmission system to the applicant's site.
43
44 B. Customer may apportion its monthly charges paid to the Collier County
45 Water/Sewer District (CCWSD) for reclaimed irrigation service to its internal users either
46 by equal apportionment. by installation of submeters. or otherwise. provided the
47 annortionment is fair and not unreasonably discriminatory.. and is limited to recovery_ of
48 the Customer's actual direct costs in obtaining the respective irrigation service from the
49 District and. in turn. providing same to the internal users. including the Customer's
50 administrative and capital costs directly related thereto. Provision of irrigation service to
51 internal users as described in this subsection (limited to direct costs pass-through) does
52 not COnstitute sale or disposition of reclaimed irrigation service. Upon an internal user's
53 written request for same. the Customer shall. at no cost to the internal user. provide to
54 that requesting internal user. documentation to prove the Customer's above-described
55 actual direct costs. including a written explanation of the basis utilized by the Customer
s6 to allocate those costs to that internal user for that service. Such written proof and i MAY 11 ~999
57 explanation shall be provided to the respective requesting internal user not later than five ~0 .~
58 (5) business days after receipt by the Customer of that user's written request for same.
59
/
2 ~: CONFLICT AND SEVERIBILITY.
3
4 In the event this Ordinance conflicts with any other Ordinance of Collier County
5 or other applicable law, the more restrictive shall apply. If any section, phrase, sentence
6 or portion of this Ordinance is for any reason held invalid or unconstitutional by any
7 court of competent jurisdiction, such portion shall be deemed a separate, distinct, and
8 independent provision and such holding shall not affect the validity of the remaining
9 portions of this ordinance.
10
11
12 SECTION THREE: INCLUSION IN THE CODE OF LAWS AND
13 ORDINANCES.
14
!5 The provisions of this ordinance shall become and be made part of the Code of
16 Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be
17 renumbered or re-lettered to accomplish such and the word "ordinance" may be changed
18 to "section", "article" or any other appropriate word.
19
20
21 ,~.~Z. jDffi~F~[R: EFFECTIVE DATE.
22
23 This Ordinance shall become effective upon receipt of notice that this Ordinance
24 has been filed with the Secretary of State.
25
26
27 PASSED AND DULY ADOPTED by the Board of County Commissioners of
28 Collier County, Florida, this day of ,1999.
29
30
31 ATTEST: BOARD OF COUNTY COMMISSIONERS
32 DWIGHT E. BROCK, Clerk EX-OFFICIO THE GOVERNING BOARD
33 OF THE COLLIER COUNTY WATER-
34 SEWER DISTRICT
35
36 BY: BY:
37 Deputy Clerk PAMELA S. MAC'KIE, Chairwoman
38
39
40 Approved as to form and legal sufficiency:
41
42
43 "~A%. /~
44 Thomas C. Palmet
45 Assistant County Attorney
46 h:tcp/Ord. 99 - Reuse of Reclaimed Water
47
48
49 Words underlined are added; words .... v .h .....h are deleted.
50
MAY 1 11999
PG. ,,~
SHEET I OF 2
EXECUTIVE SUMMARY
PETITION VAC 99-009 TO RENOUNCE AND DISCLAIM ALL RIGHTS AND INTERESTS OF THE
COUNTY AND PUBLIC TO ACCESS (INGRESS/EGRESS) AND TRAVEL UPON THE
FOLLOWING ROADWAYS LOCATED WITHIN FOXFIRE SUBDIVISION AND PLANNED UNIT
DEVELOPMENT: THOSE ROADWAYS DEPICTED AND DESCRIBED IN THE PLAT OF
FOXFIRE UNIT ONE, PLAT BOOK 13, PAGES 84 THROUGH 86 AND FOXFIRE UNIT THREE,
PLAT BOOK 13, PAGES 101 THROUGH 103, PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA; PROVIDING FOR THE CONTINUING AND UNAFFECTED RIGHTS OF EASEMENT
HOLDERS, EMERGENCY MEDICAL AND FIRE SERVICES, COLLIER COUNTY WATER
MANAGEMENT VEHICLES AND PERSONNEL, COLLIER COUNTY TRANSPORTATION
VEHICLES, PERSONNEL AND PERMITTING, AND COLLIER COUNTY WATER-SEWER
DISTRICT VEHICLES AND PERSONNEL; PROVIDING AN EFFECTIVE DATE.
OBJECTIVE: To adopt a Resolution to renounce and disclaim all rights and interests of the County
and Public to access (ingress/egress) and travel upon the above described roads.
CONSIDERATIONS: Petition VAC 99-009 has been received by the Planning Services
Department from Kenneth B. Cuyler, Esq., of Roetzel & Artdress, as agent for the petitioner, Foxfire
Community Association of Collier County, Inc. requesting that the Board of County Commissioners
/"- renounce and disclaim any right of the County and Public to access (ingress/egress) and travel upon the
above-described roads within the Foxfire Subdivision. The Petitioner has expressed concern regarding
traffic volumes and security' issues and desires to control access.
On November 14, 1989, the Board adopted a Resolution vacating the roads in Foxfire. On December 13,
1989, a Commissioner requested that the Board re-hear the item due to complaints from adjacent and
contiguous communities that would be inconvenienced by the increased trip lengths and times. The
Board voted upon reconsideration to rescind the vacation. The Board heard Petition AV 97-028 to vacate
the Public's right to access over these same roads on March 24, 1998, and denied adoption of the
Resolution.
The attached Resolution specifically reserves and retains the rights of all easement holders and also
specificall3, reserves all rights to access for various departments within the County Government such as
emergency services, stormwater management, etc.
The Petitioner requests that the Board waive the requirements of proof of ownership and paid tax
receipts.
FISCAL IMPACT: Planning Services has collected a $1,000 "Petition to Vacate" fee from the
petitioners which covers the County' s cost of advertising, recording and processing the Petition.
If the Resolution is adopted, Collier County would benefit from the potential savings of $20,000 in
annual maintenance costs. The maintena.nce costs would become the responsibility of ,c Fcl~ll~tt/A iTEM"
,"" which would include roadways, sidewalks, drainage and street lighting.
MAY 11 t999
SHEET 2 OF 2
One of the attachments to the executive summary for Petition AV 97-028 was an analysis that indicated
that closing King;s Way would force drivers to drive an extra 1,998,375 vehicle miles each year, at a
total cost (using AAA estimates) of $191,844.
GROWTH MANAGEMENT IMPACT: Adverse. Collier County has an arterial road
network too widely spaced to serve its eventual population. Ultimately, all arterial roads will be widened
to six lanes in each direction, and a handful of new corridors will have been constructed. At that point in
time, the only n~ethods left available to ensure concurrency will be a collection of secondary techniques.
Each alone will not contribute as much to satisfying mobility needs as a road widening or a new corridor.
Each technique, like the provision of non-motorized facilities, or public transit, or variable work hours,
or mixed used development, or additional collector roads through new developments, will have an
incremental beneficial effect.
It is the scale of the benefit of these techniques that, when they are considered in isolation, make them
vulnerable to attack on the grounds that they do not accomplish much. Though that may be true, it is
their collective benefit that will be the last method available to the community to preserve acceptable
level of service in the satisfaction of trip making needs.
Roads like King's Way are currently being recommended as one of the features of new development for
which developers would be given a density bonus. Such roads are a crucial part of the concurrency tool
box, and all existing ones, in the opinion of staff. need to be preserved. The benefit to the community of
this one road is small, but the collective benefit of roads like it is crucial.
RECOMMENDATION: Staff recommends that the Board of Count)' Commissioners deny the
petition to vacate the roads in Foxfire Unit One and Unit Three, and further that they suggest to the
Foxfire community that they investigate all possible traffic calming techniques available through the
County' s Neighborhood Traffic Management Program.
PREPARED BY: F' . c- ,j__ ~f~ 7' /d_~,-~_7 DATE:
Rick Grigg, Land Surveyor
Planning Services
Thomas E. Kuck, P.E.,
Engineering Review Manager
REVIEWED BY: '~r DATE:
e. AICP
Planning Services Department Director
VincUnt~A. Cautero, AICP, A~finistrator
Community Development & Environmental Services
RESOLUTION NO. 99-
RESOLUTION FOR PETITION Vi:l~.~/-~/TO RENOUNCE
AND DISCLAIM ALL RIGHTS AND INTERESTS OF THE
COUNTY AND PUBLIC TO ACCESS (INGRESS/EGRESS)
AND TRAVEL UPON THE FOLLOWING ROADWAYS
LOCATED WITHIN FOXFIRE SUBDIVISION AND PLANNED
UNIT DEVELOPMENT: THOSE ROADWAYS DEPICTED AND
DESCRIBED IN THE PLAT OF FOXFIRE UNIT ONE, PLAT BOOK
13, PAGES 84 THROUGH 86 AND FOXFIRE UNIT THREE, PLAT
BOOK 13, PAGES 101 THROUGH 103, PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA; PROVIDING FOR THE
CONTINUING AND UNAFFECTED RIGHTS OF EASEMENT
HOLDERS, EMERGENCY MEDICAL AND FIRE SERVICES,
COLLIER COUNTY WATER MANAGEMENT VEHICLES AND
PERSONNEL, COLLIER COUNTY TRANSPORTATION
VEHICLES, PERSONNEL AND PERMITTING, AND COLLIER
COUNTY WATER-SEWER DISTRICT VEHICLES AND
PERSONNEL; PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to Sections 336.09 and 336.10, Florida Statutes, Kenneth B. Cuyler,
Esq., as Agent for petitioner, Foxfire Community Association of Collier County, Inc., has
petitioned the Board of County Commissioners to renounce and disclaim any right of the County
and the Public to access (ingress/egress) and travel upon the platted roadways located within
Foxfire Subdivision and Planned Unit Development, except as specifically set forth in this
Resolution; and
WHEREAS, the roadways are described as those platted roadways dedicated to the use
of the general Public and located within Foxfire Units One and Three and legally described as
follows:
Those roadways depicted and described in the Plat of Foxfire Unit One, Plat Book
13, pages 84 through 86 and Foxfire Unit Three, Plat Book 13, pages 101 through
103, Public Records of Collier County, Florida; and
WHEREAS, the Board has this day held a public hearing to consider the petition to
renounce and disclaim the right of the County and the Public to access (ingress/;gres~'F~.~
MAY 11 1999
travel upon said roadways and rights-of-ways, except as specifically noted and provided below,
and notice of said public headng was given as required by law; and
WHEREAS, the granting of this petition is intended to and shall only renounce and
disclaim the Public's dght to access (ingress/egress) and travel upon such roadways, and all
other easement dghts and County access dghts as specifically described below shall be retained;
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. The Board hereby determines and makes the following findings:
a. The adoption of this Resolution to renounce and disclaim the dght of the County
and the Public to access (ingress/egress) and travel upon the below-described
roadways, except as specifically retained and reserved herein, is in the best
interests of the Public.
b. The County shall have reduced maintenance and repair costs as a result of the
Board's adoption of this Resolution.
c. The adoption of this Resolution is not injurious to the Public welfare or the
individual property rights of any easement holder or property owner.
2. The right of the County and the Public to access (ingress/egress) and travel upon the
following platted roadways:
Those roadways depicted and described in the Plat of Foxfire Unit One, Plat Book
13, pages 84 through 86 and Foxfire Unit Three, Plat Book 13, pages 101 through
103, Public Records of Collier County, Florida;
is hereby renounced and disclaimed.
3. This Resolution to renounce and disclaim the County and the Public's dght to access
(ingress/egress) and travel upon the above-described roadways shall not affect in any way
easements which have been granted or dedicated through the plat to any servi ~e
HAY 11 1999
2
other entity including, but not limited to, electrical utilities, telephone service providers, or
cablevision providers including, but not limited to, Florida Power & Light, Sprint Telephone,
United Telephone, Continental Cable and CVI Cable, and their successors and assigns. The
access rights of such service providers shall be unaffected by this Resolution.
4. The County does not disclaim or renounce, and specifically retains all dghts for itself and
all emergency services, the dght to ingress/egress and travel upon the above-described
roadways for emergency services including, but not limited to, the Collier County Shedff's
Department or other law enforcement agencies, the East Naples Fire Control District and other
fire control entities, and Collier County Emergency Medical Services and other emergency
medical providers.
5. The County does not renounce or disclaim, and specifically retains and reserves to itself,
the right to ingress/egress and travel upon the above-described roadways for purposes of
providing the following:
a. Stormwater Management Services;
b. Engineering Services; and
c. Installation, maintenance and operation of Utility Facilities and
Services by the County or Collier County Water-Sewer District.
6. Further, the County specifically retains and reserves to itself the right to issue right-of-way
permits by the Collier County Transportation Department for access to and installation,
maintenance and operation of Facilities or Utilities within the above-described roadways and
right-of-ways including, but not limited to, electrical utilities, telephone service providers and
cablevision providers.
7. Maintenance and repair of the roadways described herein shall be the responsibility of
the petitioner, Foxfire Community Association of Collier County, Inc., after the effective date of
this Resolution. AGF..NDA
11 1999
3
BE IT FURTHER RESOLVED, that the request to renounce and disclaim the rights of the
County and the Public to access (ingress/egress) and travel upon the above-described roadways
shall be spread upon the minutes of the Commissioners as provided in Section 336.10, FIodda
Statutes.
BE IT FURTHER RESOLVED, that notice of the adoption of this Resolution by the
Commissioners shall be published one time, within thirty (30) days following its adoption, in one
issue of a newspaper of general circulation published in the County. Proof of publication of
notice of public hearing, the Resolution as adopted, and the proof of the publication of the notice
of the adoption of such Resolution shall be recorded in the Deed Records of the County.
FURTHER, proper notations evidencing this Resolution shall be made on the plats of
Foxfire Units One, Two and Three as legally described above.
BE IT FURTHER RESOLVED, that this Resolution shall be effective upon its adoption.
This Resolution adopted after motion, second and majority vote favoring same.
DATED:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
BY:
PAMELA S. MAC'KIE, CHAIRWOMAN
Approved as to form and legal
sufficiency
Heidi F. Ashton
Assistant Collier County Attorney
,~GE~A ITE~
111681_1 .WP5
MAv, 11 1999
4
PETITION TO RENOUNCE ANDDISCLAIM ALL RIGHTS AND INTERESTS OF
THE COUNTY AND PUBLIC (EXCEPT AS SPECIFICALLY RETAINED FOR
PUBLIC SERVICES) TO ACCESS (INGRESS/EGRESS) AND TRAVEL UPON
ROADWAYS WITHIN FOXFIRE SUBDIVISION, UNITS ONE, TWO ANDTHREE
Date Received: ~
- Petition #:
Petitioner: Foxfire Community Association of Collier County, Inc.
Address: 1030 Kings Way Telephone:(941) 643-3139
City/State: Naples, Florida 34104
Agent: Kenneth B. Cuyler, Roetzel &Andress
Address: 850 Park Shore Drive, Third Floor Telephone: 649-6200
City/State: Naples, Florida 34103
Road Names: Foxfire Lane, Kings Way and Miscellaneous Circles,
Courts, Drives, Ways, and Lanes as described below.
Location: Section 6 Township 50 South Range 26 East
Legal Description:
Estey Avenue (approximately 180 feet) as recorded in the Plat of:
Foxfire Unit One, Plat Book 13, pages 84 through 86;
Foxbrush Court as recorded in the Plat of:
Foxfire Unit One, Plat Book 13~ pages 84 through 86;
Foxfire Lane as recorded in the Plat of:
Foxfire Unit One, Plat Book 13, pages 84 through 86;
Foxhound Drive as recorded in the Plat of:
Foxfire Unit One, Plat Book 13, pages 84 through 86;
Foxhunt Way as recorded in the Plat of:
Foxfire Unit One, Plat Book 13, pages 84 through 86;
Foxtrot Court as recorded in the Plat of:
Foxfire Unit One, Plat Book 13, pages 84 through-86;
Kinqs Way as recorded in the Plats of:
Foxfire Unit One, Plat Book 13, pages 84 through 86 and
Foxfire Unit Three, Plat Book 13, pages 101 through 103;
Foxs Den Circle as recorded in the Plat of:
Foxfire Unit Three, Plat Book 13, pages 101 through 103;
Foxtail Court as recorded in the Plat of:
Foxfire Unit Three, Plat Book 13, pages 101 through 103;
~ AGENDAITEI~
All as recorded in the Public Records of Collier County,
-: ~8.
Reason for Request: To address and resolve the severe road safety
concerns within the Foxfire Community and to protect the residents of
the Foxfire Community from the ever-increasing traffic volume on King's
Way, which is far in excess of safe and reasonable levels.
Current Zoning: Planned Unit Development (residential and golf course
community). This Petition does not affect density.
I hereby authorize the agent named above to represent Foxfire Community
Association of Collier County, Inc., for this Petition.
Donald W, Ester, President Date
FOXFIRE COMMUNITY ASSOCIATION OF
COLLIER COUNTY, INC.
111271 I.WP5
AGENDA iTEM
No.~
MAY 11 1999
Pii-_ o(~
Official Receipt - Collier County Board of County Commissioners
CDPR1103 - Official Receipt
Trans Number . Date , _ ' ', ' ~ P_o__st_~ate, ~ 'E~'Payme~n~ Slip ~b'F '
123133 03/30/1999 9:26:48 AM 03/30/1999 MS 50941 .....
FOXFIRE COMMUNITY ASSOC.
New or Exist: N
Payor: FOXFIRE COMM ASSOC
Fee Information
Fee Code _ DeSCriptio~ .... GL A'~count .... AFnount' Waived '
12PVAC PETITION TO VACATE '113;l"389003291~b0000D ' "$i000.00 ....
Total $1000.00
Payments
Payment Code AcCount/Check Nurnber ' ; ; ...... A~ur~t
CHECK ' i 039 ...... $1'500.00
Total Cash $0.00
Total Non-Cash $1000.00
Total Paid $1000.00
Memo:
Easement Vacation VAC#99-009
Check #1039
Cashier/location: FROLOFF E / 1
User: KENDALL M
Collier County Board of County Commissioners Printed:03, ~0/1 ~Y9:~7~ 1 ~J~
CD-Plus for Windows 95/NT
AGE. h~)A |'~dm~
MAY I1 1999
Pg ._J_::2._--
Illelm
COLLmR COUNTY GOVERNMENT
TRANSPORTATION DEPARTMENT 3301 E. TAMIAMI TRAIL
NAPLES, FL 34112
(941 ) 774-8494
FAX: (941) 774-5375
April 1, 1999 A c:gm-wnm BLtm c~m. cog~,,n,~rrY
Richard Grigg, P.L.S.
Community Development Division
4800 North Horseshoe Drive
Naples, FL 34104
Re: Fox fire Roadway Petition
Dear Rick:
This letter will acknowledge our understanding that the Foxfire Community desires to
have a petition to cease public usage of the roadways located within the community under
F.S. 316.09 and 316.10 approved by the Board of County Commissioners. Toward that
end they have requested a Letter of No Objection from this Department.
We have reviewed the information provided by both the Foxfire Community and their
Consultant. We find that there is reason to believe that a large proportion of the traffic
passing along King' s Way is cut-through traffic and is not generated from within the
communitv or is servicing the residents of the community. Further, there appears to be a
disproportionate number of trucks and other larger vehicles using King' s Way. Based
upon that finding, we offer no objection having this Petition brought before the Board of
County Commissioners for their review and action.
If there are any questions or if you seek additional information, please contact me at 774-
8494.
t
~ly yourS,, , "/
/
cc: Ed Ilschner, Public Works Administrator
--- Kenneth B. Cuyler, Esq., Roetzal & Andress
Jeff Perry, AICP, Wilson Miller F 'k~u~Arr~ '
Dale Bathon, P.E., Senior Engineer and Acting Traffic Operations Supe. rvis r no~
Ted Beisler, Property Manager, Foxfire Community Association ·
File: Fox fire (Road Pretition) ~
tAY 1999
pg .~ ,
COLLIER COUNTY GOVERNMENT
COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION
Planning Services Department
2800 North Horseshoe Drive
Naples, Florida 34104
ENGINEERING REVIEW SERVICES SECTION
.April 01, 1999
Mr. Ted Beisler. General Manager
Foxfire Community' Association
1030 Kings Way
Naples, FL 34104
RE: Petition to Release Foxfire Subdivision Streets
Dear Mr. Beisler:
This is in response to your request for a letter of "no objection" from this office to vacate the streets
within Foxfire Subdivision. The vacation if approved by the Board of County Commissioners
would prohibit the general public's right to travel on the roadways, however it would retain these
roadway right-of-ways as easements for access by the County for installation, maintenance and/or
repair of its utilities and facilities. The County will also retain and reserve the rights for access of
all emergency services including, but not limited to, the Sheriffs Department, Fire Control District
and EMS.
This office has "no objection" to the proposed vacation based on the fact that the utility easements
and emergency access will be maintained. The issue of no objection from this office related to
releasing the general public's right to travel on these roadways needs to be addressed by
Transportation Services with the ultimate decision by the Board of County Commissioners.
If you should have any questions, please advise (403-2471).
Sincerely,
Thomas E. Kuck, P.E.
Engineering Review Services Manager
TEK/mk/f:Xengineering/tom
Cc: Robert J. Mulhere, Plsning Services Manager
John Houldsworth, Senior Engineer
Edward Kant, P.E., Transportation Director
Rick Gfigg, Eng. Prof. Surveyor & Mapper - AC, V_t,tO~iTEs~
Phone (941) 403-2400 Fax (941)643-6968 w~ ~'e~.~
·
March 29, 1999
Mr. Ted Beisler, General Manager
Fox fire Community Association of Collier County
1030 Kings Way
Naples, FL 34104
Re: Petition to Vacate the Streets within the Foxfire Subdivision;
Dear Mr. Beisler:
This office has reviewed your request to vacate the streets within the Foxfire subdivision.
The Collier County Water-Sewer Di~,trict has existing water and sewer facilities within the public
right-of-way of the Foxfire subdivision. In order to satisfy the Collier County Water-Sewer District,
we require:
1 ) that all platted right-of ways be dedicated as Collier County Utility Easement (CUE),
accepted by the Board of County Commissioners, and recorded in the Collier County
Public Records, and
2) that our water and wastewater personnel have unconditional access for service and
maintenance of our existing water and sewer facilities within <>, and
3) that landscape plantings of trees and shrubs not be planted within 7'A feet of the water
and sewer facilities, and
4) that an agreement be established, stating that in the event of damages to the water
and/or sewer facilities, the homeowners or homeowner's association shall be
solely responsible for said damages.
Should you have any further questions, please feel flee to contact me.
Sincerely,
Cindy M. Erb
Public Works Senior Engineering Technician
cc: Edward N. Finn, Public Works Operations/Interim Wastewater Director ' ACai~OA rt'r_U
Paul Mattausch, Water Director so.~
Rick Grigg, Land Surveyor, Community Development MAY 11 1999
Kings Way Traffic Study
Prepared for
The Foxfire Community Association
by
Jeffory L. Perry, AICP
April 20, 1999
Foxfire Community Association
Kings Way Traffic Study
BACKGROUND: On February 19, 1999, the Foxfire Community Association contracted
with Wilson+Miller to perform a traffic study of the portion of Kings Way that meanders
through the Foxfire Community between Davis Blvd. on the south and Radio Rd. on the
north. While serving as the entrance road into the community of 931 dwelling units, Kings
Way also provides access to side-streets that serve other Foxfire neighborhoods while
serving as a local street on which 131 single family homes and villas gain direct driveway
access.
The purpose of the study was to identify and document the portion of the daily (and peak
hour) volume of traffic that uses Kings Way as a through connector between the two arterial
highways. The study was also intended to address a,,!.Jitional issues related to the potential
closure to through traffic of either one or both of the Kings Way entrances into the
community, such as what alternative routes will absorb diverted vehicles in the event that
motorists are no Ic,~ger able to cut through the Foxfire Community.
TRAFFIC STUDY METHODOLGY: Over the last several years, a great deal of time
and energy has been put into the documentation of the traffic volumes that are encountered
on Kings Way in the Foxfire Community. Collier County Transportation Department staff
has taken annual traffic counts for several years in response to complaints concerning high
volumes and speeds in excess of the posted 25 MPH limit. The traffic conditions along the
1.1 mile distance of Kings Way through the Foxfire Community are very well documented.
The County has worked closely with the community to address its concerns, such as
placing speed humps to slow vehicles using Kings Way. What has not been adequately
quantified was the portion of the vehicles in the daily and peak hour traffic stream (a
technical term that is used here both figuratively and literally), that are in fact, pass through
or "cut-thru" trips. "Cut-thru" vehicles are those that for one reason .or another, are entering
at one end of the community and proceeding to the other end and exiting the community
without having stopped aT a destination along the way. A trip of this type, at the posted
speed limit takes approximately three minutes.
A professionally accepted method for identifying this component of the traffic stream is a
form of origin/destination survey known as a license plate matching survey. The survey
methodology places researchers at each counting location where data is needed, and
requires that the last three digits/characters of every vehicle's license plate be recorded on
a survey sheet along with the time the vehicle passed the collection point. Data is on'-''+'''4
.... ,k"~I~NDA irt.~
MAY 11 1999
from vehicles passing in both directions. Additional information frequently recorded is a
notation for an out-of-state vehicle or a commercial vehicle/truck.
Once collected for a given time period, usually the peak hours of the day, the directional
data is matched up (e.g., those vehicles recorded entering the community at one end and
recorded leaving the community at the other end). The tabulation process matches those
vehicles that are recorded at both entrances to the community within a limited time frame, in
this case 2-4 minutes. Vehicles that match are counted as "cut-thru" vehicles. Vehicles
that do not match, either started from, or ended their trips within the community. By
subtracting the "cut-thru" volume from the total vehicles counted, the analyst can determine
the ratio of "cut-thru" vehicles to total traffic. Data on commercial vehicles/trucks and/or out-
of-state vehicles can also be tabulated and analyzed in a similar fashion.
KINGS WAY TRAFFIC STUDY: The Kings Way License Plate Matching & Traffic Survey
was conducted under Wilson~Miller's supervision on Thursday, March 11, 1999. The
survey was conducted during the peak two-hour period between the hours of 3:30 pm and
5:30 pm at the intersections of Kings Way at Davis Blvd. a~"~d Kings Way at Radio Rd.
Additionally, 24-hour traffic volumes (w/15-minute intervals) were collected for a seven day
period spanning March 8t~ through March 14th at the same locations, plus at a location
along Kings Way, approximately mid-way between Davis Blvd. and Radio Rd. (just south of
the Moon Lake Drive intersection).
While the peak hour traffic stream may contain a slightly higher percentage of "cut-thru"
vehicles than non-peak periods, there is anecdotal evidence that supports the peak hour
data to conclude that on any given week day, more than 50% of the vehicles using Kings
Way, are passing through the community without stopping. Exhibit 1 quantifies the 24-hour
traffic at the Kings Way mid-point, with an estimation of hourly "cut-thru" traffic based upon
the peak hour data collected.
As can be seen from the 2-way totals summarized on Exhibit 2, approximately 60% of the
vehicles counted entering/leaving the development at Davis Blvd. and Radio Rd. are
vehicles using Kings Way as a short cut between the two arterials. In the middle of the
development, where the total traffic using Kings Way is less than at either entrance (due to
the concentrations of residential development at both ends of the community), the cut-thru
ratio averages more than 70% (the peak south-bound direction exceed 91% cut-thru
vehicles during the peak hours).
· AGENDA ITEM
~,~AV 11 1999
/]c~99-57]32\'~r C,]'-JPEP, P,Y
L__. ..
3
Exhibit 1
Kings Way Traffic
March 11, 1999
450
400 E~ Cut-Thru Traffic (est.)
I Foxfire Community Traffic
350
300
E 250
O
= 20O
,1-
150
100
50
As a part of the data collection activities during the license plate matching survey, trucks
and commercial vehicles were also identified (including government/public service vehicles,
e.g., police cars, mail trucks, buses, etc.). During the period of the survey, a total of 162
vehicles were identified by the researchers as qualifying as some sort of truck or
commercial vehicle (general guidance was given prior to the survey as to what constituted a
truck/commercial vehicle). The 162 vehicles represent about 20.2% of all vehicles in the
travel stream, a number that is twice what is expected on major collector and arterial
highways, and exceptionally high for a two-lane local residential street. Of those 162
vehicles, 110 (67.9%) were matched up at both ends of Kings Way as being "cut-thru"
vehicles. Only 52 of the commercial vehicles using Kings Way during the two-hour period
needed to be traveling within the community of Foxfire.
AGEM)A ITEM
No.~
HAY 11 1999
4
Exhibit 2
License Plate Matching Survey
2-Way Totals
Radio Rd.
929 Total Vehicles
569 Matched Vehicles
61.2% Cut-thru -'
6041 Machine Count 24-Hrs.
963 Machine Count 3:30-5:30 "-
So. of Moon Lake Dr. -_ ',,
801 Total Vehicles '
566 Matched Vehicles ',.
70.7% Cut-thru
4923 Machine Count 24-Hrs. ',
801 Machine Count 3:30-5:30
162 Trucks & Commercial
Vehicles '
110 Cut-thru Trucks & ,
Commercial Vehicles / - -
Davis Blvd.
941 h~
Total Vehic
562 Matc
59.7% Cut-thru
5931 Machine Count 24-Hrs.
977 Machine Count 3:30-5:30
I IAY 11 1999
.............
,,~3-0iG-00,-TcoR-:_~0~; ~. pC. .
TRAFFIC ISSUES: Kings Way, a local collector street commonly referred to in
planning circles as a "spine road", was designed and built by a developer to 1) provide
access to individual neighborhoods within the larger Foxfire Community; and 2) to
provide direct driveway access to over 130 single family homes and villas.
Unfortunately, by its design that provides the Foxfire Community with access to two
major arterial highways, Kings Way also provides the undesirable characteristic of
offering a direct connection alternative to motorists wishing to travel from Davis Blvd. to
Radio Rd. (and vice versa). The motorist's alternatives for north-south travel are two
major north-south arterials, Airport-Pulling Road approximately 1.25 miles to the west,
and Santa Barbara Blvd. approximately 1.75 miles to the east. Several roadway
connections south of Davis Blvd. (County Barn Road, Kings Way, Lakewood Blvd, and
Palm Drive), and north of Radio Road (Industrial Blvd. and soon-to-be Livingston Road)
feed traffic through the Foxfire Community along Kings Way.
Traffic being generated by the Foxfire Community is essentially a stable factor in the
traffic mix equation. Although traffic fluctuates seasonally, because the development is
essentially "built out", the Foxfire residential traffic will never be a greater proportion of
the total traffic than it is today. Any increases in daily traffic from year to year can
unmistakably be attributed to growth in background "cut-thru" traffic, most likely coming
from increases in residential density and commercial/industrial intensity from
surrounding developments. Observations during the license plate matching survey
confirmed the notion that a large number of the commercial vehicles were coming to
and from the industrial development immediately to the northwest of Foxfire. In the
early morning peak period (often as early as 6:00 am), a steady stream of "passenger
vehicles" (presumably employees) were observed cutting through Foxfire (coming from
the south) turning west onto radio road and then turning north into the industrial park. A
reversal of this movement is evident during the afternoon peak periods. As
developments continue to build out over time, the "cut-thru" portion of the Kings Way
traffic stream can be expected to increase.
Livingston Road, once completed from Golden Gate Parkway to Radio Road, will add
yet another dimension to the "cut-thru" traffic problem. At less than 1,500 feet from the
northern entrance to Foxfire, Kings Way's proximity to Livingston Road will offer north-
south travelers an irresistible alternative to travel further south through Foxfire to Davis
Blvd. (and points further south). Unfortunately, the problem created by the Livingston
Road T-intersection at Radio Road is not only "Foxfire's problem". Those motorists who
choose to use Kings Way, once again upon reaching Davis Blvd. are faced with a
decision, many of which will choose to extend their trips directly south through Kings
Lake and Queens Park and Naples South to Rattlesnake Hammock Rd., or through
Kings Lake and Lakewood to U.S. 41, or through the Glades to U.S. 41. Kings
Lake, Lakewood and the Glades are already plagued with their share of "cut-thru"
' AGENDA I'TT~
I~AY 11 1999
traffic, much of which is probably the same traffic that minutes earlier cut through
Foxfire. The Kings Way traffic problem in the Foxfire Community, is their problem too.
Ironically, it is the residents of those same close-in surrounding
neighborhoods/communities that are most likely to be inconvenienced by the closure of
Kings Way to through traffic as they try to get from an origin on Radio Road to a
destination on Davis Blvd. (or vice versa). It should be noted however, that these
developments understand all too well the problem of "cut-thru" traffic, and after careful
consideration, have agreed to support the Foxfire Community's efforts.
One important issue that needs to be addressed is the impact of diverting the "cut-thru"
trips to other facilities. It has been acknowledged by the County that there is no other
good alternative to satisfy the need for north-south highways. The Livingston Road
corridor is precluded because of land development from extending further south to US
41. There are currently no other planned interconnections between Radio Road and
Davis Blvd. It is clear that traffic that is currently using Kings Way will have to find
another route if Kings Way is in some way closed to through movements.
Some of the traffic that is accessing Kings Way at its Radio Road intersection comes
to/from Airport-Pulling Road. That traffic will likely stay on Airport-Pulling Road and
"change directions" at Davis Blvd. or travel further south to US 41. It is important to
note that this is traffic that was on Airport-Pulling Road, a major north-south arterial, to
begin with. Still other motorists no longer able to use Kings Way, will choose to stay on
Santa Barbara Blvd. to reach intersecting arterials to the north and south.
Today, approximately 2,460 vehicles "cut-thru" Foxfire along Kings Way each day.
Even if the number of diverted vehicles was disproportionately assigned to Airport-
Pulling Road (e.g., 70%), it would an increase of only about 1,700 vehicle per day
added to the facility. Since many of those vehicles are already on Airport-Pulling Road
north of Radio Rd. or South of Davis Blvd., there is a reduction of traffic (including
delay-causing turns at major intersections) along portions of Radio Rd. and Davis Blvd.
Airport-Pulling Road currently carries over 58,400 vehicles on an average day north of
Radio Rd. and over 36,600 vehicles south of Radio Rd. The segment of Airport-Pulling
Rd. that is likely to bear the brunt of the diverted traffic is that segment between Radio
Road and Davis Blvd., which currently operates at LOS "C" with almost 35% of its
capacity unused. Based upon the current rate of growth, MPO projections indicate that
more '~han 14% of the segments capacity will still be remaining in the year 2007 (see
attached Traffic Count Analysis). An increase of 1,700 vehicles per day represents an
increase of less than 5% of current volumes, and only 3% of the capacity of the arterial.
It is clear that this segment of Airport-Pulling Road is capable of handling the additional
traffic that may be diverted from Kings Way. AGa~A ~TEM
j,2 r_c ::> 2
MAY 11 1999
...... p~. ,~'/
7
While not expected to absorb as much of the diverted traffic (perhaps only 30%), Santa
Barbara Blvd., carrying 13,818 vehicles between Radio Road and Davis Blvd., currently
operates at LOS "C" with over 53% of its capacity remaining (see attached Traffic Count
Analysis). The addition of 760 vehicles would likely pass unnoticed.
While there is expected to be some additional traffic on segments of Airport-Pulling
Road, Santa Barbara Blvd, Radio Road and Davis BIvd. as a result of eliminating the
through movements using Kings Way between Radio Rd. and Davis Blvd., what is
critical to understand is that while the additional volumes have a negligible impact on
those major arterials, the corresponding reduction in volumes along Kings Way will be
remarkable. An average traffic volume reduction of 50% on Kings Way, with as high as
70-90% reduction during peak periods, will have a profound affect on the safety of the
street and the quality of the lives of those who live and use the street as it was originally
intended. Add to that, the positive benefit of eliminating the current "ripple" or "domino
effect" felt by developments to the south when they are no longer the recipients of
Kings Way "cut-thru" traffic.
CONCLUSIONS: Kings Way in the Foxfire Community currently experiences an
inordinate amount of "cut-thru" traffic that is likely to get worse as the de/91opment of
surrounding areas continues and new arterial highway connections (Livingston Road)
are made.
Over 50% (70-90% during peak periods) of the vehicles using Kings Way through the
Foxfire Community on any given day have no origin or destination within the community
and are simply using Kings Way to cut through between Radio Road and Davis Blvd.
because the route is perceived as shorter or more expedient due to travel time
(reduced delay).
Over 20% of the vehicles cutting through the community are commercial
vehicles/trucks, nearly twice what would be normally expected on an arterial highway,
and substantially more than what would be expected for a residential street.
If closed to through traffic movements, "cut-thru" vehicles will find alternative routes
along arterial highways that were designed to carry through traffic. Those alternative
routes, Airport~Pulling Road and Santa Barbara Blvd. will not, as a result of having to
absorb diverted traffic, experience any increased levels of congestion.
As a result of closing Kings Way to through movements, daily and especially peak hour
volumes on Kings Way will be substantially reduced, improving safety conditions for
residents with homes fronting on Kings Way, and those bicyclists and pedestrians that
frequently use Kings Way to move throughout the Community.
i.... ~GENDA ITEM
. No.~
4i]9;9~-571~Z Vet 01 '-jPERRY ~
NOI63-016-001-TCOR-2~06~ ~.~ ~
....
Neighboring communities downstream of Foxfire are likely to benefit by the closure of
Kings Way to through traffic in Foxfire because of the elimination of the "cut-thru" traffic
stream that continues through their communities.
Residents in neighboring residential areas and businesses in surrounding
commercial/industrial developments will be inconvenienced by the closure of Kings Way
to through traffic as they try to get from an origin on Radio Road to a destination on
Davis Blvd. (and vice versa). In spite of that, many of the residential developments
likely to be most impacted by the closures understand all too well the problem of "cut-
thru" traffic, and have agreed to support the Foxfire Community's request.
Closing Kings Way to through traffic does not totally eliminate the transportation system
value of Kings Way. The residents of the Foxfire Community will still be accessing two
major roadways, thereby minimizing the development's impact on the adjacent arterial
system.
Closing Kings Way to through traffic does not:
· adversely impact the major roadway network;
· negatively impact the health, safety and welfare of the general public; or
· create an unnecessary burden on the motoring public.
MAY 11 1999
4/1909-57132 x, er OI '-JPEKRY
6-001 -TCOR-23067
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EXECUTIVE SUMMARY
ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 72-1, AS
AMENDED, WHICH CREATED THE COLLIER COUNTY LIGHTING DISTRICT
BY REMOVING FOXFIRE UNITS 1 & 3 FROM THE COLLIER COUNTY
LIGHTING DISTRICT. (COMPANION ITEM TO PETITION VAC 99-009,
VACATION OF PLATTED RIGHTS-OF~WAY IN FOXFIRE UNITS ONE, TWO
AND THREE.)
OBJECTIVE: That the Board consider adopting the attached Ordinance amending Ordinance No.
72-1, as amended, creating and providing for the Collier County Lighting District, to remove Fox fire
Units 1 & 3 from the Collier County Lighting District.
CONSIDERATIONS: The Foxfire Community Association of Collier County, Inc., is requesting
Board approval of the vacation of all public rights-of-way as shown on the plats of Foxfire Units
One, Two and Three.
County street lights fall within the public fights-of-way of this area. Should the Board approve the
vacation of platted rights-of-way, staff recommends that the Board amend the Collier County
Lighting District Ordinance, as amended, by removing Fox fire Units 1 & 3 from the District.
FISCAL IMPACT: The Collier County Lighting District Fund 760 would be reduced by
approximately $12,000 annually if the Board approves amending Ordinance 72-1, as amended.
Revenue reduction would be approximately $21,200.
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: That the Board adopt the attached Ordinance, which amends Ordinance
No. 72-1, as amended, by deleting Foxfire Units 1 & 3 from the Collier County Lighting District
only upon approval of the companion vacation petition item. Should the Board not approve the
companion item, this Ordinance amendment shall be rendered null and void.
SUBMITTED BY:.......Marouita 12in~Cle'~Sunervisor '~; v'~ DATE: 4/20/99
:. 5
BY ~ ~ation Services Director
APPROVED BY: DATE:/---~;- ~,~-f "~r~'
Ed Ilschner, }ublic Works Administrator
MAY
PG.
I ORDINANCE NO. 99-
2
3
4 AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE
5 NO. 72-1, AS AMENDED, WHICH CREATED THE COLLIER
6 COUNTY LIGHTING DISTRICT BY DEL}:TING FOXFIRE UNITS
7 1 & 3 FROM THE COLLIER COUNTY LIGHTING DISTRICT;
8 PROVIDING FOR INCLUSION IN CODE OF LAWS AND
9 ORDINANCES; PROVIDING CONFLICT AND SEVERABILITY;
10 AND PROVIDING AN EFFECTIVE DATE.
11
12
13 NO\V, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
14 COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
15 SECTION ONE: AMENDMENTS TO COLLIER COUNTY ORDINANCE NO. 72-1, AS
16 AMENDED
17
1,q Section One of Collier Cot,nty Ordinance No. 72-1, as amended, is hereby amended by
19 deleting the follov¢ing area from the Collier County Lighting District:
21 An ~rx:~.~tt.;, ~ as ..... '~'~n Platn~- ~'~ D .... ~ ~,~ ;-^~...; .... r,u~..~.t;~n, ....
~ 22 f'^ll;~, f' ....+,, l:'l~;d~- ~11 1-,~;_a aa,-', ~4P th~ C2~,,,tl ......'r 1 14 ~,4" ~'a~+;^. ~, T^,,,.~I,;~ ;:,q SOUth,
..... ~ ............... : .................... ~ ......... ~:' ~ ....AND
24
27
28 SECTION TWO: INCLUSION IN THE CODE OF LAWS AND ORDINANCES
29
30 The provisions of this Ordinance shall become and be made a pan of the Code o[ Laws and
31 Ordinances of Collier CounLv, Florida. The sections of the Ordinance may be renumbered or
32 re-lettered to accomplish such, and tile work "ordinance" may be changed to "section," "article," or
33 any other appropriate word.
34 SECTION THREE: CONFLICT AND SEVERABILITY
35 In the event this Ordinance conflicts with any other Ordinance of Collier County or other
36 applicable law, tile more restrictive shall apply. If any phrase or portion of the Ordinance is held
37 invalid or unconstitutional by any court of competent jurisdiciton, such portion shall be deemed a
38 separate, distinct and independent provision, and such holding shall not affect the validity of the
39 remaining portion.
----- 40 SECTION FOUR: EFFECTIVE DATE
41 This Ordinance shall lake effect upon filing with the Secretary of Stale.
~0
MAY 11 1999
\%;ords underlined are added; words ~,~!; thr~,~]; are deleted.
PG,
l PASSED AND DULY ADOPTED by the Board of Counly Commissioners of Collier
2 County, Florida, this day of 1999.
3
4 ATTEST: BOARD OF COLFNTY COMMISSIONERS
5 DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
6
7 BY:
8 PAMELA S. MAC'KIE, Chairwoman
9
t0 Approved as to form and legal
11 sufficiency:
]34 ~e~ F, Ashton
15 Assistant County Attorney
MAY 11 1999
Words underlined are added; words strack t.hrough are deleled,
EXECUTIVE SUMMARY
PETITION NO. CU-99-4 COLLIER COUNTY COMMUNITY DEVELOPMENT AND
ENVIRONMENTAL SERVICES DIVISION REPRESENTING THE BOARD OF
COUNTY COMMISSIONERS REQUESTING THE APPROVAL OF A CONDITIONAL
USE FOR BOAT DOCKS AS A PERMITTED PRINCIPAL USE IN THE "RSF-4"
RESIDENTIAL SINGLE FAMILY ZONING DISTRICT FOR A PROPERTY LOCATED
ON THE SOUTH SIDE OF 3Re> STREET WEST AND IS FURTHER DESCRIBED AS
LOTS 1 THROUGH 11, BLOCK "H", LITTLE HICKORY SHORES UNIT #3, RE-PLAT,
COLLIER COUNTY, FLORIDA.
OBJECTIVE:
This petition is intended to enable the property owners of the above-described lots to
build boat dock without the need to build residences on those properties.
CONSIDERATIONS:
The Collier County Land Development Code prohibits boat docks as a permitted
principal use on vacant lots, unless a conditional use is approved'for this purpose. In
,--- Little Hickory Shores area, on Third Street West, there are several lots on both sides of
the road zoned RSF-4 which are not large enough to contain a house but by the virtue
of being waterfront properties they can be improved by installing boat docks for water
recreational purposes.
In 1960, when Little Hickory Shores No. 3 was platted, these lots were platted as 2
Tracts. Lot "A" on the north side and Lot "B" on the south side of the road. In 1967,
these lots were re-platted to the current configurations. These lots which are around
500 square feet each were intended for boat docks. However, the Collier County
Zoning Ordinance adopted in 1974, requiring a principal use on the land as a pre-
requisite for any accessory uses such as boat docks, made these lots unusable.
In 1987 at the request of the BCC a provisional use (conditional use) was approved for
the area but for some unknown reasons it only included the 23 lots on the north side.of
the road and did not include the other remaining 11 lots on the south side of the same
road.
Over the years the Building Department erroneously has issued several building
permits for boat docks for lots located on the south side of the road. Currently a new
boat dock is under investigation as to the circumstances surrounding its permit. The
Bonita Shores Property Owners Association also have a facility which from time to time
will require alteration due to deterioration or expansion.
MA ' i i
The Collier County Planning Commission reviewed this petition on April 15, 1999 and
with a vote of 8-0 recommended approval of this petition. This petition qualifies to be
placed on the Summary Agenda; however, at the request of several property owners in
the area, this petition is placed on the Regular Agenda to be heard by the BCC.
FISCAL IMPACT:
None.
GROWTH MANAGEMENT IMPACT:
None.
HISTORIC/ARCHAEOLOGICAL IMPACT:
Staffs analysis indicates that the petitioner's property is located outside an area of
historical and archaeological probability as referenced on the official Collier County
Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is
required.
PLANNING COMMISSION RECOMMENDATION:
That the Board of Zoning Appeals approve Petition CU-99-4.
AGENDA ITEM '
No.~
NAY 11 1999
Pg.
PREPARED BY:
CHAHRAM BADAMTCHIAN, Ph.D., AICP DATE
PRINCIPAL PLANNER
WED BY:
__ ,--f:,
'-- aONALD F""". ~iNO,""~ICP, MANAGER DATE
0URRENT PLANNING SECTION
~ bLHERE, AIGP, DIRECTOR D/~TE
PLANNING SERVICES
APPRO'~ED BY:
VINCENT A. CAUTERO, AICP, ADMINISTRATOR
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
FAGENDA ITEM
No .~
" ~-' ;"' 11 1999
i pg..t"
.......... · ,¢.,,--:= .......
AGENDA ITEM 7-G
MEMORANDUM
TO: COLLIER COUNTY PLANNING COMMISSION
FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
DATE: March 24, 1999
RE: PETITION NO: CU-99-04
OWNER/AGENT:
owner: There are 11 individual property owners
Agent: None
REQUESTED ACTION:
The Collier County Development and Environmental Services representing the Board of
County Commissioners requesting the approval of a conditional use for boat docks as a
permitted principal use in the "RSF-4" residential single family zoning district.
0EOGRAPHIC LOCATION:
The subject property is located on the south side of 3rd Street West and is further
described as Lots 1 through 11, Block "H", Little Hickory Shore Unit #3, Re-plat, Collier
County, Florida.
PURPOSE/DESCRIPTION OF PROJECT:
The Collier County Land Development Code prohibits boat docks as a permitted
principal use on vacant lots, unless a conditional use is approved for this purpose. In
Little Hickory Shores area, on Third-Street West, there are several lots on both sides of
the road zoned RSF-4 which are not large enough to contain a house but by the virtue
of being waterfront properties they can be improved by installing boat docks for water
recreational purposes.
In 1960, when Little Hickory Shores No. 3 was platted, these lots were platted as 2
Tracts. Lot "A" on the north side and Lot "B" on the south side of the road. In 1967,
these lots were re-platted to the current configurations. These lots which are around
500 square feet each were intended for boat docks. However, the Collier County
Zoning Ordinance adopted in 1974, requiring a principal use on the land as a pre-
"" requisite for any accessory uses such as boat docks, made these lots unusabl ~.
AGENOA ITEM
~4AY 11 1999
-3,-
Pg. ~
~EXICO
OF
GULF
MAY I 1999
In 1987 at the request of the BCC a provisional use (conditional use) was approved for
the area but for some unknown reasons it only included the 23 lots on the north side of
the road and did not include the other remaining 11 lots on the south side of the same
mad.
Over the years the Building Department erroneously has issued several building
permits for boat docks for lots located on the south side of the road. Currently a new
boat dock is under investigation as to the circumstances surrounding its permit. The
Bonita Shores Property Owners Association also have a facility which from time to time
will require alteration due to deterioration or expansion,
SURROUNDING LAND USE AND ZONING:
Existing: - Vacant and vacant with boat docks, zoned RSF-4
Surrounding: North - Vacant and vacant with boat docks, zoned RSF-4
East - Vacant with boat docks, zoned RSF--4
South - Bay
West - Single family residence, zoned RSF-4
~TAFF ANALYSIS
a. Consistency with this code and Growth Management Plan.
Pro: The site in question is zoned "RSF-4". Boat docks are permitted as
accessory uses or conditional uses within the RSF-4 district. The subject
property is designated Residential which allows accessory uses such as boat
docks.
Con; None.
Summary Conclusion (.Findings):
The use in question is permitted within the Urban Residential District. This district
allows residential uses and uses accessory to the principal uses, which includes
Boat docks. This request is 'deemed to be consistent with the requirements of the
Growth Management Plan.
b. Ingress and egress to property and proposed structures thereon with
particular reference to automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of fire or catastrophe.
Pro: These lots are small individually owned single family lots. The ingress and
egress to these properties will be provided from 3'" Street West, which is a local
residential street.
Con: None. No. ,,X.~('_/~/
MAY 11 1999
-2-
Pg
~;~mmary Conclusion (Findings):
These lots are zoned for single family residences. No residences will be built on
these lots and the only use of the land will be the construction of boat docks for
private recreational purposes. This will generate less traffic than regular
residential use of the land.
c. The effect the conditional use would have on neighboring properties in
relation to noise, glare, economic or odor effects.
Pro: This is a residential neighborhood with waterfront properties on both sides
of the road. Most, if not all, of the residences in the area have boat docks. This
area is basically a boating community. The addition of few boat docks should
have no measurable impact on the neighborhood.
Con: Additional boat docks will provide for additional boat traffic in the
waterways surrounding this area, which will in turn increase the boat traffic noise.
Summary_ conclusion (Findings):
This petition, if approved, may increase the boat traffic and associated noise in
the 'area. However, as mentioned above, the area is a boating community and
the possible additional boat traffic noise should not have any major impact on the
neighborhood.
d. Compatibility with adjacent properties and other property in the district.
Pro: Most, if not all, waterfront properties surrounding these lots have boat
docks; therefore, in the opinion of the reviewing staff, this conditional use is
compatible with adjacent properties.
Con: None.
Summary_ Conclusion (Findings):
The proposed use is compatible with surrounding properties.
STAFF RECOMMENDATION:
Staff recommends that the CCPC forward Petition CU-99-04 to the BCC with a
recommendation for conditional approval subject to all stipulations contained in the
Resolution of Approval.
HAY 11 1999
-3-
PREPARED BY:
CHAHRAM BADAMTCHIAN, Ph.D., AICP DATE
PRINCIPAL PLANNER
RE IEWE BY:
RCSNALD F. NINO, AICP, MANAGER DATE
CURRENT PLANING SERVICES
SERVICES
APP(~~Y)
VINCENT CAUTERO, AICP, ADMI N ISTRATOR DATE
COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES
Petition Number: CU-99-05
Staff Report for April 15, 1999 CCPC meeting.
NOTE: This Petition has been advertised for the May 11, 1999 BCC meeting.
COLLIER COUNTY PLANNING COMMISSION:
-"- MIC~ JTBRUET, CHAIRMAN ' AGENDAITEM
MAY 11 1999
-.4-
RESOLUTION 99-
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT
OF NON-COMERCIAL BOAT LAUNCHING FACILITIES
CONDITIONAL USE I IN THE RSF-4 ZONING DISTRICT
PURSUANT TO SECTION 2.2.4.3. OF THE COLLIER
COUNTY LAND DEVELOPMENT CODE FOR PROPERTY
LOCATED IN SECTION 5, TOWNSHIP 48 SOUTH, RANGE
25 EAST, COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and
Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and
enforce zoning and such business regulations as are necessary. for the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance
No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the
zomng of particular geographic divisions of the County, among which is the granting of Conditional
Uses; and
WHEREAS, the Collier County Planning Commission, being the duly appointed and
constituted planning board for the area hereby affected, has held a public hearing after notice as in said
regulations made and provided, and has considered the advisability of Conditional Use I of Section
2.2.4.3. in an RSF-4 Zone for Non-commercial boat launching facilities on the property hereinafter
described, and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement
have been made concerning all applicable matters required by said regulations and in accordance with
Subsection 2.7.4.4 of the Land Development Code for the Collier County planning Commission; and
WHEREAS, all roterested parties have been given opportunity to be heard by this 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
Collier County, Florida that:
The petition filed by Collier County Development and Environmental Services Division
representing the Board of County Commissioners with respect to the pwperty hereinafier described as:
Lots I through 11, Block "H", Little Hickory Shores, umt #3 Re-Plat, as recorded in
Plat Book 3, Page 97, Official Records of Collier County.
be and the same is hereby approved for Conditional Use 1 of Section 2.2.4.3. of the RSF4 Zoning
District for Non-commercial boat launching facilities subject to the following conditions:
All boat docks erected on the subject lots shall comply with the requi. ~=..;~ ,,,~;~-" - ~
2.6.21. of the Land Development Code. NDiY[EM
11 1999
-1-
pg. ~' ~
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote.
Done this day of ., 1999.
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
BY:
PAMELA S. MAC'KIE, Chairwoman
ATTEST:
DWIGHT E. BROCK, Clerk
Approved as to Form and
Legal Sufficiency:
Marloti/e M. Student
Assistant County Attorney
ffCU-99-04 RESOLUTION
AGENDA ITEM
MAY 11 1999
-2-
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-99-04
The following facts are found:
1. Section of the Land Development Code
authorized the conditional use.
2. Granting the conditional use will not adversely affect the
public interest and will not adversely affect other property
or uses in the same district or neighborhood because of:
A. Consistency with the Land Development Code and Growth
Management Plan:
Yes ~ No
B. Ingress and egress to property and proposed structures
thereon with particular reference to automotive and
pedestrian safety and convenience, traffic flow and
control, and access in case of fire or catastrophe:
C. Affects neighboring properties in relation to noise,
g~, economic or odor effects:
No affect or Affect mitigated by
Affect cannot be mitigated
D. Compatibility with adjacent properties and other
property in the distri~:
Compatible use w in district
· Yes No
Based on the above findings, this conditional use should, with
stipulatio (copy attached) (should not) be recommended for
approval
f/FINDING OF FACT CHAIRMAN/
11 1999
EXHIBIT "A"
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-99-04
The following facts are found:
1. Section of the Land Development Code
authorized the conditional use.
2. Granting the conditional use will not adversely affect the
public interest and will not adversely affect other property
or uses in the same district or neighborhood because of:
_ A. Consistency with the Land Development Code and
Growth Management P~:
Yes No
B. Ingress and egress to property and proposed
structures thereon with particular reference to
"' automotive and pedestrian safety and convenience,
= traffic flow and control, and access in case of fire or
qatastrophe:
Adequate ingress & ~re~2
Yes
C. Affects neighboring properties in relation to noise,
glare, economic or odor effects:
No affect or Affect mitigated by ~,--~'
Affect cannot be mitigated
D. Compatibility with adjacent properties and other
property in the district:
Compatible use within district
Yes / No
Based on the above findings, this conditional use should, with
stipulations, (copy attached) (should not) be recommended for
approval ~
DATE: f'/~" ~F MMMB
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-99-04
The following facts are found:
1. Section 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:
Consistency with the Land Development Code and
Growth ManagementS:
Yes No
B. Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
, traffic flow and control, and access in case of fire or
catastrophe:
Adequate ingress &~~N~
Yes __
Affect eighboring properties in relation to noise,
glar , economic or odor effects:
affect or Affect mitigated by
Affect cannot be mitigated
D. Compatibility with adjacent properties and other
property in the district:
, this conditional u ld, with
Based on the above findings ~~~
, ~ecomme ded for
stipulations (copy attached) (should not)
approval y,~/~ ~
DATE: ·
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-99-04
The following facts are found:
1. Section of the Land Development Code
authorized the conditional use.
2. Granting the conditional use will not adversely affect the
public interest and will not adversely affect other property
or uses in the same district or neighborhood because of:
A.Consistency with the Land Development Code and
Growth Management ~:
Yes No
B. Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of fire or
catastrophe:
Adequate ingress &
Yes
C. Affects neighboring properties in relation to noise,
gla~ economic or odor effects:
No affect or Affect mitigated by
Affect cannot be mitigated
D. Compatibility with adjacent properties and other
property in the district:
Compatible use w~Zhin district
Yes // No
Based on the above findings, this conditional use should, with
stipulations (copy attached) ~.:d
, (should for
approval /
DATE: ~ --/~' -- ~ ~
~/~z~ ow ~CT ~emW
AGENOA ITEM
NAY 11 1999
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU- 99 - 04
The following facts are found:
1. Section 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
cr uses in the same district or neighborhood because of:
_ A. Consistency with the and Development Code and
Growth Management ¢:
Yes No
B. Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of fire or
catastrophe: ~ Fqso
Adequate ingress & e
Yes
c
· Affec s neighboring properties in relation to noise,
gla , economic or odor effects:
No affect or Affect mitigated by
Affect cannot be mitigated
D. Compatibility with adjacent properties and other
property in the distr'ct:
Compatible use~tNhion district
Yes
Based on the above findings, this conditi al use should, withII
, be rec e ~r
stipulations (copy attached) dhis c°nu1j~d
approval
DATE:
f/FZNDZB3 oF FACT Mmes~' , --
AGENDA ITEM
NAY 11 1999
Pc.
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-99-04
The following facts are found:
1. Section of the Land Development Code
authorized the conditional use.
2. Granting the conditional use will not adversely affect the
public interest and will not adversely affect other property
or uses in the same district or neighborhood because of:
A.Consistency with the Land Development Code and
Growth Management P~:
Yes No
B. Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of fire or
catastrophe:
Adequate ingress &
Yes
C. Affects neighboring properties in relation to noise,
are economic or odor effects:
affect or Affect mitigated by
Affect cannot be mitigated
D. Compatibility with adjacent properties and other
property in the district:
Compatible use w~,hin district
Yes / No
Based on the above findings, this cQnditional use should, with
stipulations, (copy attached) Shoul ' recommended for
approval sh~_~~~) be
f/PZMDZBGO, F~CT ~/
" AGENDA ITE. J,4
11 1999
_
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-99-04
The following facts are found:
1. Section of the Land Development Code
authorized the conditional use.
2. Granting the conditional use will not adversely affect the
public interest and will not adversely affect other property
or uses in the same district or neighborhood because of:
A. Consistency with the Land Development Code and
Growth Management Plan:
Yes ~/ No
B. Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of fire or
catastrophe:
Adequate ingress & egress
Yes ~, No
C.Affects neighboring properties in relation to noise,
glare, economic or odor effects:
t/ No affect or Affect mitigated by
Affect cannot be mitigated
D. Compatibility with adjacent properties and other
property in the distr' t:
sUs n district
Based on the above findings, this conditional
stipulations, (copy attached) (should not) be
approval
AC, ENDA IYEM
MAY 11 1999
p=.
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-99-04
The following facts are found:
1. Section of the Land Development Code
authorized the conditional use.
2. Granting the conditional use will not adversely affect the
public interest and will not adversely affect other property
or uses in the same district or neighborhood because of:
A.Consistency with the Land Development Code and
Growth Management P/:
Yes No
B. Ingress and egress to property and proposed
structures thereon with particular reference
automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of fire or
catastrophe:
Adequate ingress &
Yes
C. Affects neighboring properties in relation te noise,
gl. economic or odor effects:
__~'No affect or Affect mitigated by
Affect cannot be mitigated
D. Compatibility with adjacent properties and other
property in the district:
Compatible use w~thin district
Yes ~,~ No
Based on the above findings, this conditional use should, wit.h
recomm ed for
stipulations, (copy attached) (should not) be
approval
DATE: MEMBER:
' AGENDA |TF_Jd
t,4AY 11 1999
p~._//~
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-99-04
The following facts are found:
1. Section of the Land Development Code
authorized the conditional use.
2. Granting the conditional use will not adversely affect the
public interest and will not adversely affect other property
or uses in the same district or neighborhood because of:
'A. Consistency with the Land Development Code and
Growth ManagerS:No
B. Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
~ traffic flow and control, and access in case of fire or
catastrophe:
Adequate lng~&~eG2
Affe neighboring properties in relation to noise
or odor effects:
or Affect mitigated by
Affect cannot be mitigated
D. Compatibility with adj ent properties and other
property in the dist
Compatib~in district
No
Based on the above findings, this conditional use ~hould, with
stipulations ' ..... attached) (~h~ul~ nct) be recommended for
approval
AGEI',,IDA ITEM
NAY 11 1999
,,./?
RECEtV
April 7, 1999 ~°R O 9 ~
Mr. Chahram Badamtchian, AICP ~...
Principal Planner "
Planning Services Department
2800 North Horse Drive
Naples, Florida 34 ] 04
RE: CU-99-4, collier County Development and Environmental Services Division,
Representing the Board of County Commissioners, requesting Conditional Use "1"
Of the "RFS-4" zoning district per Section 2.2.4.3 for boat docks for property
Described as Block "IF', Little Hickory Shores Unit 3 replat, in Section 5, Township
48 South, Range 25 East, Collier County, and Florida
Dear Mr. Badnmtchian:
Please accept this as my pledge of support for the Planning Commissions
Recommendation as stated in the above proposal.
I am attaching a copy of the 1964-recorded plat, which indicates that my dock has been in
place since that time when it was designated as the Bonita Shores Boating area. The
small boat ramp on my property was also installed in 1964.
By accepting the Planning Commissions recommendation the Commissioners will correct
the over site that was made in 1987 as it is well documented that many of the docks and
ramps were in place on the South side of Little Hickory Shores, long before anything was
considered on the North side.
I would also ask that the setbacks be waived as it is not necessary for the single purpose
requirement of the boat docks, and that all existing boat docks, ramps, and retaining walls
be grand fathered.
I will be unable to attend the hearings, however, I hope you will present my position in
support of your recommendation. Thank You
Sincerely,
Kent S. Lloyd, Jr.
28381 Winthrop circle
Bonita Springs, FL. 34134
Cc: Robert Davy
.-- 26911 Nicki J. Ct.
Bonita Springs, FL 34135 AGENDA ITEM
MAY 11 1999
APR-- 9--99 FRI 10:42 JAMES M BOSWELL II 8184556692 P.OS
COLLIER COUNTY PLANNING COMMISSION
- Zero Lot Line Consideration -
Conditional Use "1" of the "RSF-4" zoning district per Section 2.2.4.3 for boat docks for
property described as Block "H", Little Hickory shores Unit 3 Replat, in Section 5,
Township 48 South, Range 25 East, Collier County, Florida
Dear Commissioners:
With the facts at hand and as a "boat dock lot" owner myself I boBeve that the
above conditional use, if passed, should include an expanded "riparian' usage and
allow for property owners to utilize the riparian area of their respective parcels to a
greater extent, i.e. allowing a owner to extend improvements closer to the property
line, with no or minimal setback restriction.
My above suggestion, if granted, is by no means setting a precedent. Many adjoining
boat dock lots have exceeded the setbacks and are subsequently infi'inging on the riparian
rights and land use rights of adjoining landowners (based on the code as it is presently
written for residential building sites). With the restrictions already placed on the property
by existing residential codes present owners are unable to build on the land or store
vehicles. In light of the existing "improved" lots which exceed setbacks and code
allowances and the present restrictions placed on the land (as outlined above), an
expanded usage of the dock area, in my opinion, would be fair.
As it is, the present configuration of many of these lots and placement of the docks (or in
some instances, the placement of a boat ramp) does not allow for a standard beam boat to
be moored on either side of the dock without it infringing on the setback areas. In other
words, most of the existing docks, boat houses, ramps, etc. are in violation. This is more
the norm than the exception! An increase in the setback area. in my opinion, would not
increase the amount of boats in the area and most probably doerease if, as most
landowners prefer, "U" shaped docks are installed rathff than a single pier.
In conclusion, l believe that, based on the docks, boat houses, boat ramps, etc. that
presen~y exist (by way of grandfathering, permitting, conditional use, etc.) that the
county should, in all fairness, allow the same usage to other adjoining "~oat dock toe' ·
tlyour cons' ra 'on o is a appreciated.
AGEI~A ITEM
April 2, 1999
Collier County Planning Commission
Collier County Government
Community Development and Environmental ServicesDivision
Planning Services Depam,aent
2800 North Horseshoe Drive
Naples, FL 34104
To Whom It May Concern:
The purpose of this letter is to indicate my support of the proposed conditional use for
boat docks for property described as Block "IF', Little Hickory Shores Unit 3 Replat, in
Section 5, Township 48 South, Range 25 East, Collier County, Florida.
I have owned property in this area m question for 16 years, and have used my property as
a boat dock. The adjacent lands on both the South and North sides of 3rd street, also have
been boat docks for many years. Such a move as that described by the Planning
Commission is in my opinion a "zoning correction" for conditional use of these lots as
they were originally intended. It receives my support.
Sincerely,
Gerald E. Hasloucr
Cc: Chahrarn Badamtchian, AICP
Principal Planner
Planning Services Departxnent
Robert Davy
26911 Nicki J Ct.
Bonita Springs, FL 34135
AGENDA ITE~
MAY 11 1999
Pg, n2c~,-
April 8, 1999
Collier County Planning Department
.aples, FL 3410l
ATTN: Mr. Chahram Badamtchian. ~PR ~ 9 1999
RE: Conditional Use Resolution CU-99-4
Dear Sir,
I, R.C. Eben, being a lot owner on 3rd St. West, wish to
express my support of the above captioned "Conditional Use
Resolution" which would designate the lots in Block H of Little
Hickory Shores Unit 3 Replat for use as "Boat Dock Lots". This
should have been addressed in 1987 when the lots on the North side
of third St. were designated as "Boat Dock Lots".
It should also be noted, that back in 1967 when this parcel of
land was replatted and the road built and developed by Mr. Lorenzo
Walker and Mr. Forest Walker, these lots were at that time
designated as Boat Dock Lots and could be bought and used as such
if as a purchaser, you owned and built a home on a lot, in the then
developing Bonita Shores area East of what is now West Avenue. In
fact,-at that time, that was an advertizing point used for selling
the lots in the Bonita Shores Subdivision.
I have been paying taxes on this lot for many years. It was
sold to me as a Boat Dock Lot and I have used it as such and in
fact it cannot be used for anything but a boat dock lot because of
the very small size of the lot.
I also believe that the very nature (size) of these lots,
makes the need for any setback requirement unreasonable and
therefore I would support the elimination of any "Side Setback
requirement.
I would also support the addition of a "Grandfather Clause" in
this resolution for the docks, boat ramps, mooring pilings. and
other items already in place on these lots which have been placed
there over the years. This seems like the reasonable thing to do.
15711 Shamrock Dr.
FT Myers, Florida 339 z AGP3~3A~TF3~
941-481-7879 No.~
MAY 11 1999
Pg. ~
April 8, 1999
Collier County Planning Department
2800 Horseshoe Dr.
ATTN: Mr. Chahram Badamtchian. APR D 9
RE: Conditional Use ResolutionCU-99-4
Dear Sir,
I Robert Davy, am owner of lot #6 Block H of Little Hickory
Shores Replat and wish to express my support for the above
captioned "Conditional Use Resolution" which would designate these
lots as Boat Dock Lots the same as those lots in Block G on the
North side of 3rd St. which were designated as such in 1987, RE:
resolution 87-260. These lots were apparently overlooked at that
time.
These lots have been marketed and sold as boat dock lots for
many years and over the years, Docks, Mooring pilings and Boat
Ramps, have been installed both with and without permits. I for one
purchased my lot through a real estate firm as a boat dock lot,
obtained a permit for a replacement dock with mooring piles,
removed the remnants of the old dock and mooring piles. Replaced
that which was removed and added lifts to those pilings. I then
obtained an electrical permit, paid an impact fee for water and had
it installed on the lot. I was made to go through the permit
process for the construction and electrical a second time and after
doing so the work was inspected and certificates of occupancy were
issued.
I have been paying property taxes on a regular basis and in
fact this property has been re-assessed and the taxes have gone up
since this work was performed. (Property Values Increased).
I also believe the very nature (size) of these lots, makes the
need for any side lot setback requirement unreasonable and
therefore I would support the elimination of any "side setback"
requirement.
I would also support the addition of a "Grandfather Clause" in
this resolution for the docks, boat ramps, mooring pilings and
other items already in place on these lots which have been placed
there over the years. This seems like the reasonable thing to do.
26911 Nicki J. Ct. AGENDA~TE~
Bonita Springs, FL 34 L35~.~
941-947-6788
MAY 11 1999
April 8, 1999
Collier County Planning Department
2800 Horseshoe Dr.
Naples, FL 34101 ~-~'l~:~
ATTN: Mr. Chahram Badamtchian.
RE: Conditional Use Resolution CU-99-4
Dear Sir,
I Darlene Davy, am co-o~ner of lot #6 Block H of Little
Hlckory Shores Replat and wish to express my support for the above
captioned "Conditional Use Resolution" which would designate these
lots as Boat Dock Lots the same as those lots in Block G on the
North side of 3rd St. whlch were designated as such in 1987, RE:
resolution 87-260. These lots were apparently overlooked at that
tlme.
These lots have been marketed and sold as boat dock lots for
many years and over the years, Docks, Moorlng pilings and Boat
Ramps, have been installed both with and without permits. I for one
purchased my lot through a real estate firm as a boat dock lot,
obtained a permit for a replacement dock with mooring piles,
removed the remnants of the old dock and moorin9 piles. Replaced
that which was removed and added lifts to those pilings. I then
obtained an electrical permit, pald an lmpact fee for water and had
it installed on the lot. I was made to go through the permit
process for the construction and electrical a second time and after
doing so the work was inspected and certificates of occupancy were
issued.
I have been paying property taxes on a regular basis and
fact this property has been re-assessed and the taxes have gone up
since this work was performed. (Property Values Increased).
I also believe the very nature (size) of these lots, makes the
need for any side lot setback requirement unreasonable and
therefore I would support the elimination of any "side setback"
requirement.
I would also support the addition of a "Grandfather Clause" in
this resolution for the docks, boat ramps, moorlng pilings and
other items already in place on these lots which have been placed
there over the years. This seems like the reasonable thing to do.
Darlene Davy
26911 Nicki J. Ct. A
Bonita Springs, FL 34~ 35
941-947-6788
11 1999
April 8, 1999
Collier County Planning Department
2800 N. Horseshoe Dr.
Naples, FL 34101
ATTN: Mr Chahram Badamtchian.
RE: Conditional Use Resolution CU-99-4
Dear Sir, -
I, Bill Danford, being a lot owner on 3rd St. West, wish to
express my support of the above captioned "Conditional Use
Resolution" which would designate the lots in Block H of Little
Hickory Shores Unit 3 Replat for use as "Boat Dock Lots". This
should have been addressed in 1987 when the lots on the North side
of third St. were designated as "Boat Dock Lots".
I also believe that due to the very nature (size) of these
lots, makes the need for any setback requirement unreasonable and
therefore I would support the elimination of any "Side Setback
requ i rement.
I would also support the addition of a "Grandfather Clause" in
this resolution for the docks, boat ramps, mooring pilings and
other items already in place on these lots which have been placed
there over the years. This seems like the reasonable thing to do.
20744 Charing Cross Circle
Estero, FL 33928-2541
941-495-9502
AGENDA ITEM
No.~
MAY 11 1999
Pg. ~2A
April 8, 1999
Collier County Planning Department
2800 N. Horseshoe Dr.
Naples FL 34101 ~E=~%~
ATTN: Mr. Chahram Badamtchian. ~R ~ ~ ~3B
RE: Conditional Use Resolution CU-99-4
Dear Sir,
I, Adeline V. Eben, being a lot owner on 3rd St. West, wish to
express my support of the above captioned "Conditional Use
Resolution" which would designate the lots in Block H of Little
Hickory Shores Unit 3 Replat for use as "Boat Dock Lots". This
should have been addressed in 1987 when the lots on the North side
of third St. were designated as "Boat Dock Lots".
I also believe that due to the very nature (size) of these
lots, makes the need for any setback requirement unreasonable and
therefore I would support the elimination of any "Side Setback
requirement.
I would also support the addition of a "Grandfather Clause" in
this resolution for the docks, boat ramps, mooring pilings and
other items already in place on these lots which have been placed
there over the years. This seems like the reasonable thing to do.
Adeline V. Eben
164 7th. Street
Naples, FL 34134
NAY 11 1999
April 14, 1999
TO: Collier County Planning Commission
FROM: Frank J. and Emily Maggio
RE: CU-99-4 Block H Little Hickory Shores
By way of this correspondence, we would like to express our
SUPPORT FOR THE GRANTING OF THIS CONDITIONAL USE to allow
the owners of these lots to utilize them for the construc-
tion of boat docks.
We have resided on Second Street in Little Hickory Shores
for 30 years and have always been aware that these small
parcels were platted and marketed by the developer of Bonita
Shores and Little Hickory Shores (the Walker family) as just
that .... boat dock lots. These property owners pay taxes to
Collier County and should be granted the right of a reasonalble
use of the land.
Attached hereto is a letter written by Robert Davy, an owner
of two of these boat lots. The letter sets forth Mr. Davy's
proposal that, in addition to the conditional use, the
county eliminate setback requirements and also "grandfather
in"-all existing structures on these lots (on both sides of
the street) which Mr. Davy alleges encroach on current set-
backs and many of which were never permired.
WE STRONGLY OPPOSE THE WAIVER OF SETBACK REQUIREMENTS AND
THE PARDONING OF CODE VIOLATIONS BY "GRANDFATHERING". If,
in fact, there are unpermitted structures and code viola-
tions, it is the County's duty to cite the owners and bring
them into compliance with the law ...... as they have with who
knows how many other Collier County taxpayers over the years
including Mr. Davy. And since when is it the function of
government to grant special privileges to some individuals
so that they can increase the value of their property, as
Mr. Davy suggests in his letter? Is the county prepared
to do this for all of us?
If not, approve the conditional use and nothing more.
Frank J. ~_~gio ~
AGE. NDA I1T:.M
MAY 11 1999
EXECUTIVE SUMMARY
PETITION NUC-99-01; THOMAS E. CONRECODE OF THE V GROUP OF FLORIDA,
INC., REPRESENTING AMERICAN FUNDING AND SERVICE CORPORATION;
REQUESTING A CHANGE IN USE FROM A SCHOOL TO AN INDOOR FLEA
MARKET; FOR PROPERTY LOCATED AT 6800 GOLDEN GATE PARKVVAY; IN
COLLIER COUNTY, FLORIDA.
OBJECTIVE:
The petitioner requests approval of a non-conforming use change from a school (Royal
Palm Academy) to an indoor flea market in the Estates zoning district.
CONSIDERATIONS:
The subject site contains an existing building, which the petitioner proposes to use as an
indoor flea market.
HISTORY: A building permit for the structure was issued in 1974 (a Certificate of
Occupancy was issued in 1975). Upon issuance of the building permit the parcel was
zoned commercial (C-2), however, with the adoption of the 1974 Zoning Ordinance, the
parcel was rezoned to Estates. Various businesses operated at the site, including a
shopping center, furniture store, video arcade, and flea market. The site was approved
for a bowling alley in 1990 through Petition NUC-90-02. This use never commenced. A
decision by the Planning Services Director was appealed to the Board of Zoning
Appeals in 1992 (A-92-06). In the Appeal, the BZA determined that the property owner
could file for Non-Conforming Use Changes to be heard when a new use was proposed.
The site was approved for a non-conforming use change for an indoor golf course, pro-
shop and dining facilities on February 26, 1996 (NUC-96-1). This use never
commenced. A petition (NUC-97-02) for a non-conforming use change was approved
on July 29, 1997 to change the use to a school (the Charter School and the current use
as Royal Palm Academy).
LAND DEVELOPMENT CODE: Section 1.8.6 of the Land Development Code states:
If no structural alterations are made, any non-conforming use of a
structure, or of a structure and premises in combination may be changed
to another non-conforming use of the same character, or to a more
restricted non-conforming use, provided the Board of Zoning Appeals,
upon application to the Development Services Director, shall find after
public notice and hearing that the proposed use is equally or more
appropriate to the district than the existing non-conforming use and that
the relation of the structure to surrounding properties is such that adverse
effect on occupants and neighboring properties will not be greater than if
the existing non-conforming use is continued. In permitting such chant s; AGF.~A rr~.M' '
the Board of Zoning Appeals may require appropriate conditions ~ ~d No..,/,~_~'~) ~
safeguards in accordance with the intent and purpose of this code.
HAY 11 19 9
pg. /
ANALYSIS: According to Code, the Board shall consider three criteria before granting a
Non-Conforming Use Change. 1 ) The proposed use may be another non-conforming
use of the same character, or to a more restricted non-conforming use. 2) The
proposed use is equally or more appropriate to the district than the existing non-
conforming use. 3) The relation of the structure to surrounding properties is such that
adverse effect on occupants and neighboring properties will not be greater than if the
existing non-conforming use is continued.
The previous Non-Conforming Use Changes for this property involved changing one
commercial use to another; therefore the change could be considered "of the same
character". And since a school is permitted in commercial zoning districts, the Board
may decide to consider this change in the same manner. However, the Board may also
consider that a school may be permitted as a Conditional Use in most residential zoning
districts, whereas a commercial use may not. A change from a school to a more retail-
oriented use, therefore, may be considered not "of the same character" as a school.
A school may be permitted as a Conditional Use in most residential districts, and
therefore may be considered "appropriate to the district". The proposed use is one that
is not permitted in residential zoning districts. However, the subject building was
constructed with a building permit issued in the C-2 zoning district, and one of the
former uses was a flea market. Therefore the proposed use, as a flea market could be
considered appropriate.
If the existing Non-Conforming Use is continued, the effect would be the same as
schools in other residential neighborhoods throughout Collier County: increased traffic at
the beginning and end of the school day with the impacts of the majority of school
activities occurring during daylight hours on weekdays. if a flea market were to be
approved, increases in traffic activity would also occur in the evening and on weekends.
FISCAL IMPACT:
Approval of this petition would allow a commercial use where there is currently a school.
This change would most likely increase the appraised value of the property, thereby
affecting the ad valorem taxes on the property. Denial of the petition would have a fiscal
impact on the property owner who originally constructed the building on commercially
zoned property.
GROWTH MANAGEMENT IMPACT:
The subject site is located within the Golden Gate Estates designation on the Future
Land Use Map of the Growth Management Plan. Although it is an existing non-
conforming use, the site does not meet the Iocational criteria for a conditional use within
the Golden Gate Master Plan. Approval of a Non-Conforming Use Change by the BZA,
---- however, is allowed by the Growth Management Plan.
AGF..ND A I'rEId
11 1999
2
Pl.. ~,~
HISTORIC/ARCHAEOLOGICAL IMPACT:
Staffs analysis indicates that the petitioner's property is not located within an Area of
Historical and Archaeological Probability as referenced on the official Collier County
Probability Map. A survey or Waiver of Historic and Archaeological Survey &
Assessment, therefore, is not required.
STAFF RECOMMENDATION:
Since a school may be permitted as a Conditional Use in most residential zoning
districts, and a commercial use may not, staff considers the change to a flea market to
be a change not "of the same character"; and that the proposed use as a flea market is
not more appropriate to the district than the existing non-conforming use; and staff
believes that the adverse effects of traffic on neighboring properties will be greater than
if the existing non-conforming use is continued. Therefore, staff recommends denial of
Petition NUC-99-01.
PREPARED BY:
FRE '}SCHL ~ DATE
SENIOR PLANNER
REVIEWED BY:
~, : ,
RONALD F. NINO, AICP DATE
CURRENT PLANNING MANAGER
R(~BE . MULHERE, AICP DATE '
PLANNING SERVICES DIRECTOR
APPR.C~VED BY: /
V'II ' E I',jT A. CAUT RO, C , ADMINIST~TOR D~TE
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
executive summary NUC-99-01
AGENDA ITEM
MAY 11 1999
3 pg.
MAY 1 1999
NUC-99-01
East end of the subject structure, from Golden Gate Parkway
West end of the subject structure, from Golden Gate Parkway
AGENC)A ITEM
MAY 11 1999
1
P¢.
Rear of the subject structure, from 68 Street SW
South portion of the tract No..
MAY 11 1999
2
Pg. (:, ..
NON-CONFORMING USE CHANGE
(NUC) PETITION
Petition No. = ,~..~. Date Petition Received:
Commission District: c>? Planner Assigned: /r~q ,5
ABOVE TO BE CONIPLETED BY STAFF ' ·
Petitioner's Name: American Funding and Service Corporation
Petitioner's Address.720 Goodlette Road, Suite 305
Naples, Florida 34102 Telephone: (941) 262-4622
Agent's Name: Thomas E. Conrecode, c/o The V Group of Florida, Inc.
Agent's Address: 5150 North Tamiami Trail, Suite 600
Naples, Florida 34103 Telephone: (941) 263-3700
Legal Description of subject Propert)':
Subdivision: Golden Gate Estates Unit 29 Lot (s) Tract 36 Block (s)
Section 30 Twp. 49 Range 26 Property I.D. #
COLLIER COUNTY COMMUNITY DEVELOPMENT
PLANNING SERVICES/CURRENT PLANNING
2800 N. HORSESHOE DRIVE - NAPLES, FL 34104
AGENO A ITEId
PHONE (941) 403-2400/FAX (941) 643-6968
MAY 11 1999
Application for NUC Petition 6/98
Pa 1 ~g6 r/'
Tract 36 Unit 29 Golden Gate Estates
Metes & Bounds Description:
6800 Golden Gate Parkway
Address of Subject Property:
(If different from Petitioner's address)
Current Zoning and Land use of Subject Parcel: Estates, Non-Conforming Use
Adjacent Zoning & Land Use:
ZONING LAND USE
N ~ Vacant land
S Estates Vacant Land/Residential
\V Estates ~Vacant
E Estates Vacant Land/Con~ercial NCU
28,000
Totalsquare Botage ofproposed non-conforming use
+30 Spaces
Totalnumberofparking spaces existing on site --
300 Spaces (including 8
Totalnumberofparkingrequiredforproposed non-conforming use
H/C spaces)
Hours eloperation ~rproposed non-con~rming use(s) Friday-Sunday 8:30 a.m. - 5:00 p.m.
AGENOA ITEM
MAY 11 1999
Application for NUC Petitio,~ 6/98
P-ge 2 o[ 6 p~.
If this request proposes a number of possible Non-conforming uses, list all uses' for
which you are requesting approval from the Board of zoning appeals.
Section 1.8.9, Change in use, of the Collier County Land Development code,
Ordinance 91-102, allows for a change from one non-conforming use to another,
stating the follo~ving:
If no structural alterations are made, any nonconforming use of a structure,
or of a structure and premises in combination may be changed to another
nonconforming use of the same character, or to a more restricted
nonconforming use, provided the board of zoning appeals, upon application
to the development services director, shall find after public notice and
hearing that the proposed use is equally or more appropriate to the district
than the existing nonconforming use and that the relation of the structure to
surrounding properties is such that adverse effect on the occupants and-
neighboring properties will not be greater than if the existing nonconforming
use is continued. In permitting such change, the board of zoning appeals
may require appropriate conditions and safeguards in accordance with the
intent and purpose of this code.
! MAY 11 1999
Application for NUC Petition 6/98 ~
Page 3 of 6 pg. C~
. ~, ~ O G
ZL%'_.,.,,,
.. ':"': ....:, ....."':" R':".
'.' ~ ....;--
~,_ 'L_~_"2 ~.:i_LZ .......-
. ~:'..~ ~ _ ~. ,~ ~ z'...,~.' . . . .-
~ ~ '.2.
~; t~: PROPOSED 2 STORY
"~ BUILDINC COMPLEX
{c: ,~. ~---~
Lk.' ~Z:i 2BO'-O'
,, :.c " i 2~c I
-:- ~'- '_='7-":'L~ ~"'
~ -- -'3oo.oo'
-. . _ / ~./~
~ "Exhibit "A"
RESOLUTION NO. 99-
RELATING TO PETITION NUMBER NUC-99-01, FOR
A NON-CONFORMING USE CHANGE ON
PROPERTY HEREINAFTER DESCRIBED IN
COLLIER COUNTY. FLORIDA.
WHEREAS, the Legislature of the State of Honda in Chapter 125, Florida Statutes. has
conferred on all counties in Honda the power to establish. coordinate and enforce zoning and such
business regulations as are necessary for the protection of the public. and
WHEREAS, the CounVy pursuant thereto has adopted a Land Development Code (Ordinance No.
91-102) which establishes regulations for the zoning of particular geographic divisions of the County.,
among which is the granting of requests for non-conforming use changes, and
WHEREAS, the Board of Zoning Appeals, being the duly elected constituted board of the area
hereby affected. has held a public heanng after notice as in said regulations made and provided. and has
considered the advisability of a change in use of an existing non-conforming use by convening the
existing use from a school to an indoor flea market in an "E" Zone for the property herelnafter
described. and has found as a matter of fact that satisfactory provision and arrangement have been made
concerning all applicable matters required by said regulations and in accordance with Section 1.8.6 of the
Land Development Code for the unincorporated area of Collier County, and
WHEREAS. all interested parties have been given opportunity to be heard by this Board ~n
public meeting assembled and the Board having considered all matters presented,
NOW. THEREFORE. BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier
County., Florida,: that
The Petition Number NUC-99-01 filed by Thomas E. Conrecode of the V Group of
Florida. Inc., representing American Funding and Service Corporation, w~th respect to the
property hereinafter described as:
Golden Gate Estates Unit 29. Tract 36 as recorded in Plat Book 7, page 57 of the
official records of Collier County, Florida
be and the same hereby is approved for a change m use of an existing non-conforming
use by convening the existing use from a school to an indoor flea market in the Estates Zomng
District wherein said property is located, subject to the follov~ng:
a)The site plan (Exhibit "A") is conceptual in nature and is subject to any
changes that may be required dunng Site Development Plan review.
b) The subject site and structure shall be brought into compliance with all
applicable provisions of the Collier County.-Land Development,
Building, Life Safety and Administrative Codes during the Site
Development Plan and Building Permit rewew processes.
AGENDA ITEM
MAY 11 1999
c) A twenty-five foot wide landscape buffer, excluding areas where the
existing building is closer than twenty-five feet to the property line, shall
be provided along the south and west property lines. This buffer shall
include a cocoplum hedge a minimum of 24 inches in height at the time
of planting, planted 3 feet on-center, and a row of live oak trees a
minimum of 12 feet in height at the time of planting, planted 25 feet on-
center. Within the south and west buffers and interior to the plantings, a
six-foot high architecturally finished masonry. wall shall be constructed.
Lighting shall be limited to a maximum height of 15 feet from the
existing ground elevation and shall be shielded so as to prevent glare
onto neighbonng properties.
e) Primary access shall be from 68th Street SW. A right-in only entrance
may be permined from Golden Gate Parkway.
f} Signage shall be limited to the Golden Gate Parkway frontage and shall
tunher be limited to one wall sign. not to exceed 250 square feet in area.
g) There shall be no amplified music outdoors, except as may be permitted
on a case by case basis pursuant to Section 2.6.33, Temporary Use
Permits, of the Collier County Land Development Code.
BE IT RESOLVED that this Resolution relating to Petition Number NUC-99-01 be recorded in
the minutes of this Board.
This Resolution adopted after motion, second and majority vote.
Done this ~ day of ,1999.
AT'TEST: BOARD OF ZONING APPEAES
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
PAMELA S. MAC'KIE, Chairwoman
Approved as to Form and Legal Sufficiency:
Man~one M. Student
Ass~! ant County Attorney
g, adr isue,,NUC-99-O1 RESOLUTION,
AGENOA ITEM
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EXECUTIVE SUMMARY
PETITION NO. NUC-96-1, BRIAN HOWELL, REPRESENTING MR. BILL RICIGLIANO,
REQUESTING A NONCONFORMING USE CHANGE FROM COMMERCIAL RETAIL TO AN
INDOOR 18 HOLE GOLF COURSE WITH ACCESSORY DINING FACILITIES, PRO SHOP,
AND FUTURE OUTDOOR PITCH AND PUTT AREA, ON PROPERTY LOCATED AT 6800
GOLDEN GATE PAR/(WAY FURTHER DESCRIBED AS UNIT 29, TRACT 36, GOLDEN GATE
ESTATES, AS RECORDED IN PLAT BOOK 7, PAGE 57, OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA.
LOCATION:
The subject property is located on the southwest corner of Golden Gate
Parkway and 68th Street S.W. and is currently zoned E - Estates.
ADJACENT ZONING ~ LAND USES:
ZONING LAND USES
N. E-Estates Immediately to the north of the subject parcel
is the Golden GaGe Parkway ( 4 Lane, 100 wide
foot ROW). Further to the north, across Golden
Gate Parkway, there are single family homes.
~. E-Estates Immediately to the south of the subject property
is a parcel approximately 2.7 acres in size
developed with a single family residence.
E. E-Estates Immediately to the east of the subject parcel is
the 68th Street S .W. ROW ( 60 feet in width) .
Across 68th Street S.W., to the east, is an
undeveloped 2.5 acre tract and then the Naples
Roller Skating Rink.
W. E-Estates Immediately to the west of the subject parcel is
a vacant 5 acre tract. Further to the west the
land is developed with single family structures.
OBJECTIVE:
The applicant is the contract purchaser of the subject property and is
seeking approval to utilize the subject property and structure as a
recreation facility, specifically an indoor lS hole golf course with
ancillary dining facility and pro shop.
BACKGROUND:
*The subject property consists of approximately three (3) acres.
and contains a single structure 28,000 square feet in size.
AGEI'~A ITEM
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The existing structure was originally constructed under a building
permit issued in 1974 under a C-2 zoning designation. A certificate
of occupancy for a "shopping center" was issued on the property in
November of 1975.
, The subject property was rezoned from C-2 to E-Estates as part of a
County wide rezone with the adoption of the 1974 Zoning Ordinance.
* The County wide rezone was properly advertised according to the
requirements in effect at that time.
, Over the years since 1975, various nonconforming uses have been
operated in the subject structure including: a shopping center; a
furniture store; a video arcade and a flea market (hence the name
mini-mall).
* The property is currently zoned E-Estates, therefore any use of the
property, other than single-family, (or an approved conditional use)
is non-conforming.
*In 1990 the Board of County CommissiOners approved a nonconforming
use change from the shopping center use to a bowling alley use.
* The bowling alley use never materialized. In 1992, an interpretation
was made by the then Planning Director that the Non-Conforming Use
Change was null and void and any future use of the property must be
as permitted in the E-Estates district. This determination was
appealed and the Board of Zoning Appeals determined that the
nonconforming use change was still valid and that a request for a
new nonconforming use change could be processed in order to request
that the use of the property be converted back to the shopping
center use (or any other nonconforming use of the same or less
intensity).
, This is the first request for nonconforming use change since the BZA
finding that such an option was available to the property owner.
According to staff records, the structure has been vacant since
1990, shortly after NUC-90-2 was approved (allowing a change of use
from shopping center to bowling alley).
, In 1995, the existing structure was inspected by Code Enforcement
and Building Review and Permitting Inspections staff, as it was
alleged to be an unsafe structure. As a result of this inspection,
various improvements were made to the structure, including a new
roof
CONSIDERATIONS:
n~oo e. Accessory to this use, a dining facility
mitted with the
and pro shop xs proposed. The concep~
application also depicts a proposed f ~.~ p' ,cn MeA~.~ "' t
MAY' 1% 1999
-2- p~.~ - p.
area located in the rear of the existing structure. There is an
existing paved parking area adjacent to Golden Gate Parkway which is
currently in a state of disrepair. This parking area will require
resurfacing and installation of parking for the disabled, as well as
appropriate pavement markings to direct vehicular traffic and delineate
parking spaces. The conceptual plan also depicts a proposed vehicular
parking and loading area to accommodate 40 vehicles and a solid waste
dumpster area.
This structure has been vacant for over five years. While some
improvements to the structure have been made during that time, the
structure, in its current condition, is not safe for public use. A
recent inspection by the Building Review and Permitting Department
inspection staff and the East Naples Fire Department Fire Marshal
indicated numerous Building and Life Safety Code violations which must
be corrected prior to issuance of a Certificate of Occupancy. Necessary
improvements include adherence to the following: current electrical
code requirements, Americans with Disabilities Act, specifically
accessibility requirements; current fire code requirements, including
provisions for adequate emergency exits and installation of a fire
suppression system (sprinklers); and~ current statutes addressing
public health issues such as rest room and food and beverage
preparation and dispensing facilities.
The above noted deficiencies notwithstanding, it is the opinion of the
Building Review and Permitting Department staff, based on the recent
site inspection, that the building is structurally sound and that no
structural alterations will be necessary to accommodate any required
improvements.
Section 1.8.6 of the Collier County Land Development Code (LDC) allows
for a change from one nonconforming use (or nonconforming use and
structure in combination) to another nonconforming use of the same
character, or to a more restricted nonconforming use, provided the
Board of Zoning Appeals (BZA) finds that the proposed use is equally or
more appropriate to the district than the existing nonconforming use
and that the relationship of the structure to surrounding properties is
such that adverse effect on occupants and neighboring properties will
not be greater than if the existing nonconforming use is continued. In
permitting such change, the BZA may require appropriate conditions and
safeguards.
While there is currently no use of the property, as previously stated,
it was determined through an appeal to the BZA in 1992, that the
property owner does continue to have the right to pursue a
nonconforming use change since the nonconforming shopping center use is
still valid. This opinion was reiterated as recently as November of
1994 by Assistant County Attorney Marjorie Student (see attached
memorandum dated November 16, 1994, from Ms. Student to Robert
Mulhere).
Over the past five or six years, the propertv ~,r has actively
attempted to sell or lease the property' D
MAY 1
-3-
,,._
et on numerous occasions with parties expressing interest in the
roperty. The fact that, since 1990, no use has commenced on the
property can be attributed, at least in part, to the following reasons.
First, as previously stated, there will be a significant cost
associated with improving the structure and property in order to ensure
the public safety. Secondly, even if an interested party was able and
willing to make the n6cessary site improvements, since this is a
nonconforming use, there is a great risk associated with any investment
in the property. The Collier County LDC, in Section 1.8.10.2 states
that should any nonconforming structure be destroyed~ any means, any
future use of the property shall conform with the overlying zoning
district. Since the property is zoned "E" Estates, should the
nonconforming structure be destroyed, the property could only be used
for a permitted use in the Estates district (limited to single family
homes), or for a Conditional Use permitted in the Estates district, if
approved by the Board. It would appear that this risk has been too
great for anyone, until now, to pursue a nonconforming use change and
necessary improvements.
_ The applicant is aware of this risk and intends ta seek direction from
the Board relative to pursuing a change to the Golden Gate Master Plan
in order to have the designation on ~ne property changed, thereby
eliminating the nonconforming status of the property. This would then
allow the property owner to request a rezone to an appropriate zoning
district allowing for the proposed use.
.nalysis:
This property was approved for development in 1974 under the 1968 C-2
commercial zoning district as a shopping center. It is useful to review
a list of the uses which may have been permitted in this district under
the broad term "shopping center" when attempting to determine the
appropriateness of the proposed change of use. The range of acceptable
uses for that district included:
- transient lodging facilities
- Schools and colleges
- restaurants
- cocktail lounges and retail package stores
- retail shops and stores
- motion picture theatres
- marinas
- amusements and recreation uses, including bowling alleys
and pool and billiard parlors.
Staff analysis of the 1968 C-2 district reveals that it is comparable
to
the current C-4 district (with some exceptions). Relevant to this
request is the fact that the full range of retail'uses, as well as
restaurants and lounges were permitted in the 1968 C-2 district, as
well as a wide range of amusement and recreation uses.
Staff has analyzed the traffic impacts o t h~G~Dr~ --e ~ ........ ~
shopping center use. The site generated t~ ipM'J~___, . .
-4- pg.
retail facility such as a shopping plaza is approximately 1,120 trips
on a weekday, with a somewhat greater trip generation on weekends,
depending on the tenant mix. The proposed indoor golf facility will
generate in the range of 207 (as a low estimation) up to 670 trips (as
a high estimation), with the actual number of trips likely falling
somewhere in the middle, on average. Based on the standards listed in
Policies 5.1 and 5.2 of the Traffic Circulation Element, the site
generated traffic will not exceed the significance test standard (5 per
cent of the level of service LOS "C" capacity) on Golden Gate Parkway.
The final area of consideration precedent to the granting of this
nonconforming use change request is an analysis of the proposed
nonconforming use, and its potential adverse impacts on surrounding
properties as compared with the continuation of the previously approved
nonconforming use and its adverse impacts. In the opinion of staff, the
proposed nonconforming use will have lesser impacts on surrounding
properties than the existing approved use, shopping center. This
position is based on the following:
_ * there will be lesser traffic associated with the proposed
use;
, a specific use is being requested as opposed to the existing
approved shopping center use which would allow for a broad
range of retail type uses, including restaurants and or
lounges, nightclubs, etc.;
· the applicant agrees to provide enhanced landscape buffers
where the property abuts Estates zoned properties;
· the applicant agrees to install only low level light,
shielded so as to prevent glare on neighboring properties;
and,
· the applicant will be required, through the Site Development
Review process to make site and structural improvements which
will improve the appearance of the property and structure,
and will improve traffic flow, drainage, vehicular and
pedestrian access to the building and ensure compliance with
all building and life safety codes.
FISCAL IMPACT:
This amendment will have no fiscal impact on the County. All costs
associated with any necessary improvements will be bourne by the
property owner or tenant(s).
GROWTH MANAGEMENT IMPACT:
A request for a change of nonconforming use, when granted by the Board
of Zoning Appeals is permitted by the LDC As previously stated, in
amendment to the Golden Gate master Plan
fezone to a zoning district which allows fo~ '
1999 FEB
~TAFF RECOMMENDATION: 'F~''
That the Board of County Commissioners approve Petition NUC-96-1
subject to the stipulations contained in the resolution of adoption.
PREPARED BY:
ROB~ERT J. MULHERE, AICP D'~E
CURRENT PLANNING MANAGER
DONALD W. ARNOLD, AICP DATE ~ '
E~.ES~DIRECTOR
~INCENT A. CAUT O ~ DATE
ER
COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES ADMINISTRATOR
1999
- .lqON-COlgCFOR2LING USE ~ CEA/~GE APPLICATION ·
PETITION ~~ ~C- (~si~ed ~y Staff) pATE
.=. ,,
-.
LEG~ DESCRIPTION OF S~~ LOT ~': ~ ;
TO~SHIP ~ = ' ~GE '=
ADJACENT ZONING AND LAND USE:
ZONING '- LAND USE
TOTAL SQUARE FOOTAGE OF PROPOSED NON-CONFORMING USE .~,~9 ~.~
- . · ~ ~// ' ~ .
TOT~ ~~ OF= PEING ~Q~D FOR PROPOSED NON-CON~O~NG USE
' "' M~-1 ~999
.
.
.... : ::.~~~*~'~'~'~"Y ' ~:.- .....
IF THIS REQUEST PROPOSES A NUMBER OF POSSIBLE NON-CONFORMING USES,
5~IST ALL USES FOR WHICH YOU ARE REQUESTING APPROVAL'FROM THE BOARD
ZONING APPEALS.
Hotr s oF OPE J TiON FOR PROPOSED NON-CONFORMING USE(S)
SECTION Z.8.e, CHANG~ IN USE, OF T~E COtLIER COUNTY I:AND
CODE~ ORDIN~CE 9~-~G2, ~LO~S FOI ~A C~GE FRO~ ONE
USE 20 ~O~HER~ 'STATING 2HE
If no structural alterations are ~aae any non-confo~ing.use
of a strucffure, ,or of a structure an~ premises ~;n co~ination
may be ~hanged t6 anothe~ non,confo~ing use. of the sa~e
character,=or to a more ~estricted non-confo~ing use, pr6vided
the Board of Zoning Appeals,~upon applicatioD to the
Development Services Director, shall find after public notice
and hearin~ that the proposed use is e~ally or~more
appropriate to the district than the existing non-confo~ing
use and that the relation. of the structure to surrounding
propertiesLis such that adverse effect on occupants and
neighborin~ properties will not be greater than.=if the existin~
non-confo~ing use is continued. In pe~itting such change,
the Board of Zoning Appeals may require appropriate conditions
and safeguards in accordance w=ith~ the.intent.and purpose of
this Code..'
PL~SE PROVIDE A N~TIVE STATEMEN~ EXP~INING E~LY ~T YOU ~E
PROPOSING/REQUESTING ~IA THIS PETITION. AS A P~T OF THIS ~N~TIVE
STAT~ENT, YOU ~Y CHOOSE TO PROVIDE INFO~TION SUPRORTING THE
P~ISE T~T THE NON-CONFO~I~G USE' BEING REQUESTED I~S SIMI~ IN
C~CTER (OR LESS~INTENSE IN C~~ER) TO THE PR~IOUSLY
EXISTING/~PROVED NON-CONFO~iNG USE. ~DITIONALLY~ 'PL~SE PROVIDE
INFO~TION/DOC~ENTATION S~PORTING THE'P~ISE T~T THE PROPOSED
NON-CONFO~ING USE IS EQU~LY OR MORE ~pROPRIATE TO'THE DISTRI~
T~ THE EXISTING (PREVIOUSLY ~PPROVED) MON-CONFO~ING USE ~D T~
RE~TION OF THE STRUCT~E TO S~O~DING PROPSTIES IS SUCH T~T
~VERSE EFFE~ (S) ON OCCULTS ~D NEIGHBO~NG PROPSTIES WILL NO
BE GR~TER.T~ IF THE EXISTING(PR~IOUS~Y ~PRO~D) NON-CONFO~I~G
USE IS CONTINUED (ATTACH ADDITtON~ PAGE IF NECESS~y).
.- ~ _
AG[Na
, .,
· -2 -:
,
The Putting Zone, Inc. will be the first professional indoor artificial putting
course. This is not to be misunderstood with your typical putt-putt golf courses.
The indoor putting course will consist of 18 professionally designed holes built
out of a state of the art surface which will simulate that of an actual golf green.
There will also there will be a pro shop and dining facility.
The entire proposed use fits in the existing 28,000 s.f. building located at 6800
Golden Gate Parkway. Our intentions are to bring up the existing site to
accommodate the current Land Development Code in regards to landscape and
parking. The facade of the building will be completely remodeled to a point in
which it's a feature to the neighbors, in lien of the current building. The additional
parking required will he added to the rear of the current building and lighting will
he provided for as not to shine towards any residential neighbors. This lighting will
be kept as low as possible.
· AGENDA ITE. M
M/',Y11 1999
AGEND I
No.
,:
R~CEIVED
N U c 9 6 -1 JAN 16 i9.~t3
The Putt~ ~~-~-
CL GOLDEN GAT! PARICI'AY -
- AGENOA ITEM
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.................. NAY 11 1999
...... AGE:ND I '
8De' No,
,
PLAi~NING SERVICES DEPARTMENT
CURRENT PLANNING SECTION '
M E M O R A N D U M
TO: Robert J. Mulhere, AICP
Current Planning Services Manager
FROM: Raymond V. Bellows~
Project Planner
DATE: January 22, 1996
RE: NUC-96-1
INTRODUCTION: The subject property is located on the
southwest corner of Golden Gate Parkway and 68th Street SW in
Section 30, Township 49S, Range 26E. The Petitioner has
requested a change of non-conforming commercial retail uses
to other non-conforming use. The petitioner proposes an
indoor putting course with pro shop and dining facility for
property zoned Estates. ~
TRAFFIC CAPACITY ANALYSIS: Staff has reviewed the
applicant's request and has made the following determination.
The subject site contains a 28,000 square foot building that
has been approved for commercial retail uses. The site
generated trips for this type of commercial facility is
approximately 1,120 trip endsOn a weekday. The proposed
indoor golf facility will generate in the range of 207 to 670
trip ends on a weekday.
As a result of the non-conforming use change, the site will
generate less than the amount currently approved for the
structure. Based on the standards listed in Policy 5.1 and
5.2 of the Traffic Circulation Element, the site generated
traffic will not exceed the significance test standard (5
percent of the level of service LOS "C" capacity) on Golden
Gate Parkway. In addition, the site generated trips will not
lower the LOS on any roadway segment within the projects
radius of development influence.
CONCLUSION: The Petitioner's request will not generate or
excessively increase traffic congestion on the external
roadway network. Therefore, this petition complies with th~
Policies listed in the Traffic Circulation Element Growth
Management Plan. MAY
RVB/rb
PREPARED IN ANTICIPATION OF LITIGATION, AND
REFLECTS A MENTAL IMPRESSION, CONCLUSION,
LITIGATION STRATEGY OR LEGAL THEORY OF THE
ATTORNEY OR AGENCY AND IS EXEMPT PURSUANT TO
SECTION 119.07(n), FLORIDA STATUTES.
MEMORANDUM
TO: Robert Mulhere, Acting Current Planning Manager
FR . Marjorie M. Student, Assistant County Attorney
DATE: November 16, 1994
RE: Eehannon Combs
Golden Gate Parkway Property
Non-conforming Status
Please be advised that I concluded in an earlier
memorandum to the County Attorney=' that the County has -the
following options with regard to the above-captioned matter:
1. I maintain that the non-conforming use change is
still valid since like a variance there is no time limit upon
its duration once granted. Additionally, I do not believe
that subsection 1.8.3.3 of the LDC can operate to terminate
it since there is no actual non-conforming use in existence
pursuant thereto. It should be determined from Combs what
the status of the property is with regard to its
redevelopment potential under the non-conforming use change
and the length of time it may take to commence redevelopment.
Then develop a timetable for the completion of these
redevelopment steps.
2. Determine if Combs is willing to pursue a
comprehensive plan amendment and subsequent fezone to make
the use consistent.
3. Insist upon cessation of the non-conforming use
with the requisite removal of the structure. Undoubtedly
this option would put the County at risk for a lawsuit which
may also include a takings claim.
AGENO A ITEM
I hope this information is of assistance to you. If youNo
have any further questions, please do not hesitate to giv~ me ' -
a call. MAY 11 1999
MMS/lgk
Pg.
1 RESOLUTION NO. 96-
2
3 RELATING TO PETITION NUMBER NUC-96-1, FOR A NON-CONFORMING USE CHANGE
4 ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA.
5
6 WHEREAS, the Legislature of the State of Florida in Chapter 125,
7 Florida Statutes, has conferred on all counties in Florida the power
8 to establish, coordinate and enforce zoning and such business
9 regulations as are necessary for the protection of the public, and
10 WHEREAS, the County pursuant thereto has adopted a Land
11 Development Code (Ordinance No. 91-102) which establishes regulations
12 for the zoning of particular geographic divisions of the County, among
13 which is the granting of requests for non-conforming use changes, and
' 14 WHEREAS, the Board of Zoning Appeals, being the duly elected
15 constituted board of the area hereby affected, has held a public
16 hearing after notice as in said regulations made and provided, and has
17 considered the advisability of an indoor putting course (18 holes) and
18 accessory pro shop, dining facility and future outdoor pitch and putt
19 area in an "E" Estates Zone for the property hereinafter described,
20 and has found as a matter of fact that satisfactory provision and
21 arrangement have been made concerning all applicable matters required
22 by said regulations and in accordance with Section 1.8.6 of the Land
23 Development Code for the unincorporated area of Collier County, and
24 WHEREAS, all interested parties have been given opportunity to be
25 heard by this Board in public meeting assembled and the Board having
26 considered all matters presented,
27 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of
28 Collier County, Florida, that:
29 The Petition Number NUC-96-1 filed by Brian Howell of Gulfcoast Design
30 Associates, Inc., representing Bill Ricigliano, as contract purchaser,
31 with respect to the property hereinafter described as: AG[NOAIIF3~
32 Tract 36, Golden Gate Estates Unit 20, as recorded
33 7, Pag..0, of th. bli= Records Co ier County F1Nf a} 1 1999
34
~ I be and the same hereby is approved for an indoor putting course (18
2 holes); and accessory pro shop, dining facility and future outdoor
3 pitch and putt area in the "E" Estates Zoning District wherein said
' 4 property is located, subject to the following:
5 a. The subject site and structure shall be brought into
6 compliance with all applicable provisions of the Land Development,
7 Building, Life Safety and Administrative Codes during the Site
8 Development Plan and Building Permit review processes.
- 9 b. A twenty-five foot wide landscape buffer strip shall be
10 provided along the south and west property lines (excluding those
11 areas where the existing improvements encroach into the proposed
12 buffer area). A six-foot-high architecturally designed masonry
13 wall or wooden fence (constructed to present the finished side of
14 the fence to the adjacent parcels) with a hedge row (minimum 24
15 inches at time of planting) and ten foot tall canopy trees placed
16 no more than thirty feet apart (credit may be granted for
~ 17 preservation of existing native vegetation where it can be
18 demonstrated that said vegetation provide~adequate screening).
19 c. Hours of operation shall be limited to 6:00 A.M. to 12:00
20 P.M.
21 d. Lighting in the rear of the structure shall be confined to a
22 maximum height of 15 feet from existing ground elevation and
23 shall be shielded so as to prevent glare on neighboring
24 properties.
25 e. Access from Golden Gate Parkway to the existing parking area
26 (adjacent to Golden Gate Parkway) shall be redesigned to allow for
27 right turn in only, with exiting traffic utilizing the 68th Street
28 S.W. curb cut, exiting left to the Parkway where the existing
29 median cut will allow traffic to travel east or west. Appropriate
30 signage and pavement markings shall be installed to direct
31 motorists.
32 f. Signage shall be limited to the Golden Gate Parkway frontage
- 33 and shall further be limited to one w~11 s~qt, not to exceed 250
~ ' AGE~AtTEM
' 34 square feet. NO.~ AGEND IT
. ...
MAY 11 1959 ' '
-- Px l
1 g. There shall be no amplified music outdoors, except as may be
2 permitted on a case by case basis pursuant to Section 2.6.33,
3 Temporary Use Permits.
4 h. These conditions are applicable only insofar as the use of the
5 property does not conform to the overlying zoning district. Should
6 the property be rezoned to allow for this use, the property owner
7 shall enjoy all of the rights granted to a permitted use.
8 BE IT RESOLVED that this Resolution relating to Petition Number
9 NUC-96-1 be recorded in the minutes of this Board.
10 Commissioner offered the foregoing
11 Resolution and moved for its adoption, seconded by Commissioner
12 and upon roll call the vote was:
13
14 AYES:
15 NAYS:
16 ABSENT AND NOT VOTING:
17 ABSTENTION:
18
19 Done this day of , 1996.
20
21 ATTEST: BOARD OF ZONING APPEAia
22 DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
23
24
25 JOHN C. NORRIS, CHAIRMAN
26
27 APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
28
0 A~A ITEM
30 MARJORIE M. STUDENT NO.~
AssIsT T COt TY ATTOm, r, MAY
32
33 NUC-96-1 RESOLUTION/16447
34 '
PAGE 3
MEMORJhNDUM
DATE: February 7, 1996
TO: Bob Mulhere
Planning Supervisor
FROM: Edward J. Kant, P.E.~
Senior Engineer
SUBJECT: The Putting Zone, Golden Gate Parkway (Combs Building)
Traffic Impact Analysis
We met with Brian Howell of Gulf Coast Design with regard to the subject project.
Brian has requested that in lieu of a right turn and decel lane into the property,
an exit-only be permitted at the existing driveway.
Subject to the appropriate site plan and subject to proper engineering of the exit,
_ this office has no objection to the granting of this request.
Any modifications to the existing driveway necessary to accommodate the exit-only
configuration shall be subject to a County right-of-way permit.
If there are any questions, or if you seek additional information, please contact me
at 774-8260.
/EJK
CC: George F. Archibald
Tom Kuck
Brian Howell, Gulf Coast Design, 4100 corporate Blvd., Ste. 125, Naples, 33942
AGENDA ITEM
MAY I ,/1999
AGENDA ITEM TRANSMITTAL SLIP
Date Submitted: 2eb. 21, 1990 Requested Agenda Date:
APPROPRIATE HEADING {CIRCLE ONE): (5) Proclamations & Presentations, {6A) Comprehensive
P~an Amendments, ~6B) Zoning Amendments, (6C) Other; (7A) BZA Public Hearinqs
Provisional Use {Tq) Other, (8) Public Petitions; .{g&) Community Development,
Public....Wo~ks, (9C) Public Services, (9D) Utilities, {gE) Admin. Services;
Emergency Seryices, ~gG) Environ~ntal Services, (gH) County Manaqer; (10) Attorney;
(111 Clerk; (12) B~C; ~ 3) Other Constitutional Officers; ~14) Consent A~i~a;
Requested te Reviewe B
Ke~B~ W.[~a_riki F~W. Baginski
Division Head Date Manager Date
F~-dnKW. Bcu~t
Item Title F~c~n,-e~daticncEnoe_T~qthe'd~.ofcnencn-c~ocmi~use~anDthef~rn-~oanirr4use
of the same character~ on p. roperty located at 6800 Golden Gate Parkway;
Tract 36, Unit 29, Golden Gate Estates. .Petition Number NUC-90-2
i Executive Summary (required) 3.
1/87-S13 5.
. -_-. ~ .....
--'" .-, ~,
-,, ~AY 11 1999
EXECUTIVE SUMMARY
PETITION NUMBER NUC-90-2, RECOMMENDATION CONCERNING THE
CHANGE OF ONE NON-CONFORMING USE TO ANOTHER NON-CONFORMING
USE OF THE SAME CHARACTER, ON PROPERTY LOCATED AT 6800 GOLDEN
GATE PARKWAY; TRACT 36, UNIT 29, GOLDEN GATE ESTATES.
OBJECTIVE: The applicant and owners of the property, Mr. and
Mrs. Elhannon Combs, are requesting that the Board of Zoning
Appeals approve the change of one non-conforming use, a
shopping plaza, to another non-conforming use, a bowling
alley, on property located at 6800 Golden Gate Parkway; Tract
36, Unit 29, Golden Gate Estates.
CONSIDERATIONS: The subject property consists of
approximately three (3) acres and was rezoned to E-Estates
District from C-2 Commercial with the adoption of the 1974
Zoning Ordinance. The site is bounded on all sides by .
E-Estates zoning. To the east of the site and separated by a
right of way (68th-Street) and vacant lot, is a roller rink,
also zoned E-Estates and non-conforming. The existing
structure was constructed under a building permit for a
shopping plaza, issued in July of 1974. A Certificate of
Occupancy was issued in November of 1975.
The site contains a single structure approximately 28,000
square feet in size. Currently the structure houses a
convenience store, a restaurant and five (5) thrift shops.
From information supplied by the applicant and from files
within the County, previous uses since 1975 have included
indoor recreation in the form of a video arcade and similar
amusements, a furniture store and flea market (mini-mall).
When completely occupied, the structure housed approximately
125 vendors.
Section 6.6 of the Zoning Ordinance provides that upon
approval by the Board of Zoning Appeals, and with the
restriction that no structural changes are made to the
building itself, any non-conforming u=~e of a structure, or of
a structure and premises in combination may be changed to
another non-conforming use of the same character, or to a
more restricted non-conforming use. Further, the proposed use
must be determined to be equally or more appropriate than the
· existing use, and the relation of the structure to
surrounding properties is such that adverse effects on
occupants and neighboring properties will not be greater than
if the existing non-conforming use is continued.
AGENDA II"~
i :AY 11 1999
The Planning Services staff has been advised by the applicant
that the subject property is being considered for purchase,
subject to County approval for a change in use.
Consequently, the applicant is requesting that the
non-conforming use of shopping plaza and uses allowable under
that category, be changed to permit a bowling alley. The
prospective purchaser has informed the applicant that the
proposed bowling alley will contain 24 lanes and will employ
approximately 27 people (nine employees at three shifts per
day). The proposed project calls for re-surfacing the front
parking area, a 20 foot drive lane on the side of the
structure and a parking area located behind the structure.
No structural changes are proposed to the building other than
the removal of certain latticework and the installation of a
new roof which will resemble the elevation of the existing
roof. New windows and doors will be added to the structure
per code· Except for the changes previously identified, no
additional clearing or removal of vegetation on the property
will be required.
BACKGROUND: Based upon records on~ile within the Planning
Services Section, the Mini-Mall has been a source of
discussion and debate since 1976. One of the few facts that
are clear is that the present E-Estates zoning district makes
the existing use, whether it's termed a mini-mall, shopping
center or shopping plaza, a non-conforming use.
Two methods, are available to determine whether the proposed
non-conforming use is of the same character or is more
restrictive than the existing non-conforming use. One may
view the original uses established on the site in 1974 not as
individual activities (e.g. meat market, watch repair or feed
store), but as a shopping plaza which would be synonymous
with todays term of shopping center. While a shopping center
is defined within the Zoning Ordinance as, "A retail sales
facility consisting of five (5) or more retail outlets or
having a gross floor area of more than 25,000 square
feet " it is not restricted to specific identified uses
· -- , ·
Rather, it allows for a range of retail activities that may
be selected from the list of permitted uses within the
district it is located. Referring to a non-conforming use as
a shopping center provides no clear details as to the
intensity or character of use unless the range of activities
that could be implemented under that generic term are also
identified. In the above case, the plaza was approved under
the 1968, C-2 Commercial Zoning District. The range of
acceptable uses for that district included:
AGENOA I'E.M
MAY 11 1999
2
Pg.
- Transient lodging
- Schools and colleges
- Restaurants - including drive-ins
- Cocktail lounges and retail package sales
- Retail shops and stores.
- Motion picture theatres including drive-ins
- Marinas
- Amusements or recreation uses, including bowling
alleys and pool and billiard parlors.
For the convenience of the Board of Zoning Appeals, a
reproduction of the C-2 Commercial District in effect at the
time of permit issuance has been provided.
A second, and far more restrictive way to view a
non-conforming use change for this site is to disregard the
previous permit issued for a shopping plaza and identify the
individual uses within the facility in existence at the time
of adoption of the 1974 Zoning Ordinance. That is, approval
and subsequent construction of a sh~pping plaza would have no
bearing on the issue, but rather one would concentrate only
on those uses in existence when the 1974 ordinance was
adopted. The disadvantage to the property owner is obvious.
No credit is given to the range of uses that could be allowed
under the term shopping plaza. Only those uses physically in
existence at the time of ordinance adoption could be used to
determine similar activities or intensity of use.
The issue of structural changes to the existing building has
been addressed by the Building Official. A tentative
building renovation plan described by the potential purchaser
of the property identifies that the installation of a new
roof does not include the replacement of trusses or any other
roof improvement that would be described as structural.
CONCLUSIONS: The previous discussion serves only as
background to the three issues which the Board must address
before granting any change in use. First, the Board must
determine that the proposed change is to a use which is of
the same character or a more restrictive noneconforming use.
Second, the Board must determine that the proposed use is
equally or more appropriate to the district than the existing
use. Finally, it must determine that the relationship of the
structure to surrounding properties is such that adverse
effects on occupants and neighboring properties will not be
greater than if the existing non-conforming use is continued.
AGENOA ITEM
F, AY 11 1999
3
PC,
The Planning Services staff has determined that it is
appropriate in this case, to consider the existing
non-conforming use as a shopping plaza or shopping center.
The reasons for this decision are three-fold: 1) The
original permit issued for the structure identified it as a
plaza; 2) Since the structure was under construction at the
time of adoption of the 1974 Zoning Ordinance, there were no
uses in existence; and 3) Numerous uses have existed
simultaneously on the site which would qualify it, for
definition purposes, as a shopping center by todays
standards.
Once the premise is accepted that the use on the site is a
shopping center allowing a range of uses, comparable and
compatible uses under todays Zoning Ordinance may be
determined. By comparison, the reviewing staff has found
that many of the uses allowed under the 1968 Zoning Ordinance
in the C-2 Commercial District such as: cocktail lounges;
drive-in restaurants; motion picture theaters and drive-ins;
automobile dealerships; and indoor recreation would only be
permitted within the C-4 and C-5 Zoning Districts of todays
ordinance. It is, therefore, staffs determination that uses
originally allowed when the shopping plaza was permitted are
at least equal and comparable to the current C-4 General
Commercial District.
What is left is to determine whether the relationship of the
structure and new use will create greater adverse effects to
the surrounding land uses than if the existing non-conforming
use continues. As previously described, the site is located
totally within the E-Estates District. It is bordered on the
north by Golden Gate Parkway and to the east by 68th Street.
Existing land uses include: a single family dwelling
approximately 600' south of the site; a single family
dwelling north and across Golden Gate Parkway; two single
family dwellings to the northeast and across Golden Gate
Parkway; and a skating rink to the east separated by a street
right of way and a vacant lot. Further to the east and
located along Golden Gate Parkway are model homes/sales
offices, churches and single family dwellings.
The greatest impact to surrounding properties would be to the
three existing single family dwellings located north and
northeast of the subject site, and to a lesser degree, the
single family dwellings along 68th Street, north of Golden
Gate Parkway. The degree of additional impact is arquable
depending on whether you gage the increase against the
current uses (i.e. convenience store, restaurant and thrift
shops), or consider full utilization of the site as a
shopping center. If current uses only are used to determine
additional impacts, the proposed bowling alley would
AGENOA ITE.I,~
MAY 11 1999
4
represent a substantial increase in traffic, water
consumption, waste water generation, and noise. If compared
to the site developed to its maximum as a shopping center,
overall impacts would be approximately the same, or in some
areas less.
The reviewing staff has elected to use the maximum potential
as a shopping center for the reasons stated previously. The
reviewing staff has, therefore, determined that the proposed
change in use, shopping center to bowling alley, does not
represent a significant increase in adverse impacts to the
surrounding properties.
FISCAL IMPACTS: None
GROWTH MANAGEMENT PLAN CONSISTENCY: County staff is
currently preparing a Golden Gate Master Plan which will
include the property proposed for non-conforming use change.
Review of that plan indicates that the subject property is to
be designated Estates and restricted to low density
residential development. It is the~opinion of the reviewing
staff that while the proposed change would not be in
compliance with the Golden Gate Master Plan, that it should
not be the sole determining factor used by the Board of
Zoning Appeals. That is, the subject site contains a
non-conforming use with a legal right to continue its
activities subject to criteria established within the Zoning
Ordinance.
RECOMMENDATION: That the Board of Zoning Appeals approve the
change in non-conforming uses as identified above with the
following conditions:
1. Prior to the issuance of a building permit, the applicant
shall be required to submit a Site Development Plan and
have obtained its final approval in accordance with
Section 10.5 of the Zoning Ordinance.
2. Prior to the issuance of a Certificate of Occupancy, the
applicant shall be required to bring the existing
structure into compliance with all current codes,
including but not limited to Building and Fire.
3. Any subsequent change in use shall be to a permitted use
within the E-Estates District in effect at the time of
change, or shall require specific approval by the Board
of Zoning Appeals.
AGENOA
,/j ,,t
5 HAY 11 1999
PREPARED BY:
KENNETH W. BAGI~SKI DATE
PLANNING SERVICES MANAGER
REVIEWED BY:
FRANK W. BRUTT, AICP ~ DATE
COMMUNITY DEVELOPMENT SERVICES ADMINISTRATOR
MINI-MAIJ~ EX SUMMARY
MAY 11 1999
CUMMINGS LOCKWOOD
ATTORNEYS AT LAW
E R. COX :34301 TAMIAMi TRAIL NORTH
BOARD CERTIFIED ESTATE PLANNING POST OFFICE BOX 413032 KEYIN G COLEMAN
LA~,.ENCE A. VAneSt NAPLES, FLORIDA 33941 ' 3032 r, EDWARD JOHNSON
J- DUDLEY GOODLETT[ (810) 262°8311 CHARLES M. KELLY.
TELECOPIER (813) 260-07OG DAVID N MORRISON
.OwA.D ,. ,U'.,~L'February2 ,1990
""""""' "' '°~~"""" tECENISD
Mr. Kenneth Baginski ~E.B 5
Planning Services Division
Collier County Government
2800 N. Horseshoe Drive
Naples, FL 33942-6917
Re: Mini Mall Property
Dear Ken:
As you recently discussed with Kevin Coleman in our
office, I am herein providing you with information concerning Mr.
and Mrs. Elhannon Combs' request for a change in non-conforming
use pursuant to our letter dated January 23, 1990.
The tract of land on which the existing mini mall is
located is approximately 3 acres in size. The existing structure
is 28,000 square feet. The structure currently houses a
convenience store, a restaurant and approximately 5 thrift shops.
As you know, the mini mall was originally constructed
and operated in 1975. Thereafter, .~. portion of the mLni mall we.s
utilized as an indoor recreational facility with video machines
and amusement games. Subsequently, ABC Furniture occupied the
entire structure as a furniture store. Later, the structure was
again utilized as a mini mall/shopping center. When completely
occupied, the mini mall housed approximately 125 vendors. On
numerous occasions, 400 automobiles were parked on the property
representing both vendors and customers.
Currently, there are 2 defined access points to the
property. One access point is located at the west end of the
property and is approximately 70 feet in width. Another access
area is located on the east side of the property and is again a
70 foot entrance. An area approximately 69 feet by 300 feet
exists in front of the building which will park about 70 AGENOAITEM ....
automobiles. A 200 foot by 300 foot area exists behind
structure and will park approximately 170 cars.
HAY 11 1999
STAMFORD, CT 06904 GRIrI;NWICH. CT 06830 ISALN IIrACM. let. 33480 HARTle(~R__D, DT
Mr. Kenneth Baginski 2 February 2, 1990
The prospective purchaser has informed me that the
proposed bowling alley will contain 24 lanes and will employ
approximately 27 people (nine employees at three shifts per day).
The proposed project calls for resurfacing the front parking
area, a 20 foot lane on the side of the structure and the parking
area located behind the structure. No structural changes are
proposed to the building other than the removal of certain
latticework and the installation of a new roof which will
resemble the elevation of the existing roof. ~ew window. and docr
schedules will be added to the structure per code. Except as
described above, no additional clearing or removal of vegetation
on the property will be required. It should be noted that this
information has been provided to us by an agent of the
prospective purchaser.
Also, two lighting devices will be added to the front
and rear of the building site to enhance the safety of persons
and property thereon. Pursuant to County code, five parking
spaces are required for every 1,000 square feet of building
space. This would call for 140 parking spaces for the bowling
alley which can easily be met on the subject property.
Please inform me of what additional information would
be helpful to you in processing our request. Documentation
exists which supports the statements contained in this
correspondence. As we discussed, time is of the essence in this
matter. The existing purchase contract has been extended until
this matter comes before the Board of County Commissioners.
Pursuant to our telephone cor~:ersation, I have informed our
clients and the perspective ! ~:chasers that this matter will be
heard by the Board of County Commissioners on March 6, 1990. It
is my understanding that the public hearing and advertising
requirements can be met within this time frame.
I appreciate your assistance in this regard and trust
you will not hesitate to contact me should you have questions or
comments.
J. Dudley Goodlette
JDG/dj a
cc: Kevin G. Coleman, Esquire
Mr. Elhannon Combs
Mr. Robert Anderson AGENOA
L:JDGBagin
MAY 11 199S_
P~.. ~//
Jim and Nancy Carter
835 Cassena Road
Naples, FL 33962
Mr. Kenneth Baginski
Planning Services Division
Collier County Government
2800 N. Horseshoe Drive
Naples, FL 33942-6917
Dear Mr. Baginski:
We are the prospective purchasers for the mini mall
located at 6800 Golden Gate Parkway, and, if approved, we intend
to use the site for a bowli~jg center. We hereby represent that
we will make all necessary building improvements to ensure that
the structure is in compliance with all Collier County building
and fire codes.
It is our understanding that you would like a more
detailed explanation of our intentions with respect to the
existing roof on the mini mall. At present, we have not
developed a specific site plan for the project nor can we provide
you with detailed specifications for "changes" to the existing
roof. However, we represent that we will not change the existing
roof pitch or elevation. Because an inspection has revealed that
the roof is in need of repa~ir in certain places, we may need to
replace existing plywood in those areas. These repairs will be
made only where necessary and only by a licensed Collier County
roofer. In that same regard, new shingles or metal will be added
to the roof both for remedial and cosmetic purposes. If our
petition is approved, we will be happy to submit any and all
requested plans and specifications as needed to complete
remodeling and build-outs on the building and would, of course,
comply with all restrictions the County imposes for improving the
roof. Please do not hesitate to call me directly at 598-1879 if
you have additional questions about the roof or any other aspect
of the project.
Please be assured that we intend to operate a first
class establishment as is common with the Don Carter name for
bowling centers. It is our desire to work with the County in any
manner reasonably possible to obtain approval for our proposed
center.
Sincerely,
~" J e
-. " AGENDA ITEId
T,: Carter
HAY 11 1999
RESOLUTION 90.- 133A
RELATING TO PETITION NUMBER NUC-90-2, FOR A
NON-CONFORMING USE CHANGE ON PROPERTY
HEREINAFTER DESCRIBED IN COLLIER COUNTY,
FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter
125, Florida Statutes, has conferred on all counties in Florida
the power to establish, coordinate and enforce zoning and such
business regulations as are necessary for the protection of the
public, and
WHEREAS, the County pursuant thereto has adopted a
Comprehensive Zoning Ordinance establishing regulations for the
zoning of particular geographic divisions of the County, among
which is the granting of requests for non-conforming use
changes, and
WHEREAS, the Board of Zoning Appeals being the duly elected
constituted board of the a~ea hereby affected, has held'a public
hearing after notice as in said regulations made and provided,
and has considered the advisability of the change of an existing
non-conforming use, a shopping plaza, to another non-conforming
use of the same character, a bowling alley, in an E-Estates Zone
for the property hereinafter described, and has found as a
matter of fact that satisfactory provision and arrangement has
been made concerning all applicable matters required by said
regulations and in accordance with. Subsection ll.l.c.1. of the
Zoning Regulations for the unincorporated area of Collier
County, and
WHEREAS, all interested parties have been given opportunity
to be heard by this Board in public meeting assembled and the
Board having considered all matters presented,
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING A~PEALS
of Collier County, Florida, that the Petition NUC-90-2 filed by
Mr. & Mrs. Elhannon Combs, property owners, with respect to the
property hereinafter described as:
Tract 36, Unit 29, Golden Gate Estates, according to
plat thereof, recorded in Plat Book 7, Page 57 of the
Public Records of Collier County, Florida. AG[34OA~3~
-1- ,, 1999
be and the same hereby is approved for the change of an existing
non-conforming use, a sh~pping plaza, ~o another non-conforming
use of the same character, a bowling alley, of the E-Estates
Zoning District wherein said property is located;
BE IT RESOLVED that this Resolution relating to Petition
Number NUC-90-2 be recorded in the minutes of this Board.
Commissioner Shanahan offered the foregoing
Resolution and moved for its adoption, seconded by Commissioner
Goodnizht and upon roll call the vote was:
AYES: Commissioner Shanahan, Commissioner Goodnight, Commissioner Volpe,
Commissioner Saunders, and Commissioner Hasse
NAYS:
ABSENT AND NOT VOTING:
ABSTENTION:
Done this ,. 6th day of~- March 1990.
-~,~
ATTEST: - . BOARD OF ZONING APPEALS
~JAMES G. GILES ?~ CLERK COLLIER COUNTY, FLORIDA
-<~...../~;;~,~,-,. ~/ MAX A: MASSE, J~., CH4~RMAN
APPROVE~ AS TO FORM AND LEGAL SUFFICIENCY:
MARJO.P~ M. STUDENT
ASSISTANT COUNTY ATTORNEY
NUA-90-2 RESOLUTION
nb/3043
EXECUTIVE SUMMARY
ADOPT AN INTERLOCAL AGREEMENT BETWEEN COLLIER COUNTY
AND THE CITY OF NAPLES TO PROVIDE FOR A FLOODPLAIN
MANAGEMENT (FEMA) COORDINATOR
OBJECTIVE:
To obtain Board approval to adopt an interlocal agreement between Collier County and
the City of Naples to provide for a Floodplain Management (FEMA) Coordinator.
CONSIDERATION:
The geographic location of the City of Naples and Collier County is an area vulnerable to
flooding, especially from tropical disturbances and storm surge. As a result, floodplain
management and flood hazard mitigation are two important areas that must be considered.
FEMA (Federal Emergency Management Agency) and the (CRS) Community Rating
System are two important programs.
CRS is a program administered through FEMA with the goal to reduce flood losses,
facilitate accurate insurance rating, and to promote the awareness of flood insurance.
The CRS program has been developed to provide incentives for communities to go
;,---. beyond the minimum flood plain management requirements to develop extra measures to
provide protection from flooding. The incentives are in the form of premium discounts for
County residents requiring flood insurance. For a community to be eligible, it must be in
full compliance with the NFIP (Natio,nal Flood Insurance Program) and must recertify
their rating each year.
All communities begin with a Class 10 rating (which provides no discount). There are 10
CRS classes: Class 1 requires the most credit points and gives the greatest premium
reductions; Class 10 identifies a community that does not apply for the CRS, or does not
obtain a minimum number of credit points and receives no discount. There are several
activities recognized as measures for eliminating exposure to floods. Credit points are
assigned to each activity. The activities are organized under four main categories: Public
Information; Mapping and Regulation; Flood Damage Reduction; and Flood
Preparedness.
Once a community applies to the appropriate FEMA region for the CRS program and its
implementation is verified, FIA (Florida Insurance Administration) sets the CRS
classification based upon the credit points. This classification determines the premium
discount for policyholders. Premium discounts ranging from five percent to a maximum of
45 percent will be applied to every policy written in a community as recognition of the
flood plain management activities instituted. This is a voluntary program for communities.
"' Collier County and the City of Naples are currently rated as Class 7 which pro~ ~desl~ ~°d~] / /
discount on flood insurance for all Collier County residents. ,-z '~' ,
MAY 11 19°-,9
I:,g. ,/
A community that does not participate in the NFIP is subject to severe consequences.
One of the biggest consequences is that flood insurance would no longer be available to
that community, and no resident of the community would be able to purchase a flood
insurance policy. As a result, no Federal grants or loans would be made available for
buildings in an identified Special Flood Hazard Area because approval for this type of
financial assistance requires that the applicant purchase flood insurance. Also, federal
disaster assistance would not be provided in identified flood hazard areas for permanent
restorative construction and grants. In addition, the local governing body may be
susceptible to liability by not participating in the NFIP because their action denies the
citizens the opportunity to purchase flood insurance.
Prior to 1997, Collier County and the City of Naples worked independently on their
Community Rating Systems. On October 26, 1997 Collier County Commissioners
adopted an interlocal agreement to jointly fund a full time Floodplain Management
(FEMA) Coordinator to prepare and maintain FEMA's National Flood Insurance Program
and Community Rating System re-certification activities for each community.
Additionally, the position is responsible for providing input to the City and County on
policy decisions that affect floodplain management and flood hazard mitigation.
Responsibilities of the Floodplain Management Coordinator include the planning,
implementing, and completion of the Community Rating Activities prior to October 1,
1999. The specific duties are outlined in the attached Agreement.
The Agreement approved by the Board in 1997 expired on December 1, 1998. The City
Council approved a new interlocal agreement on February 17, 1999. The term of the
Agreement runs to December 31,2001 retroactive to December 1, 1998.
FISCAL 1MPACT:
Funding of the position will be paid 50% by the City and 50% by the County. The City of
Naples will pay all expenses up front and bill the County on a quarterly basis. Additional
expenses shall be decided upon mutual written agreement by both parties. Below is a
chart listing the anticipated expenses.
Salary and Benefits $40,000
Printing and Mailing 7,000
School and Training 1,000
Vehicle maintenance, repair & fuel 450
Computer Software 600
Cellular Phone 360
Office Supplies 300
Books/Subscriptions 200
Total $49,910
The cost to the County would be half this amount or $24,955.00 for one fiscal yea
this Agreement covers three fiscal years, the total County cost would be $74.65. no.
MAY 11 1999
P~. ~,
approved, staff will include these expenditures in the appropriate cost center in the
Building Review and Permitting Department Annual Budget.
GRO~¥TH MANAGEMENT IMPACT: None
RECOMMENDATION:
That the Board of County Commissioners approve the interlocal agreement between
Collier County and the City of Naples for a Floodplain Management (FEMA)
Coordinator.
/
PREPARED BY: ,'.~_ .,,- ' / .... Date: ~ :2- ~' \
Ed Penco, CBO, Director
Building Rf, view& Permitting
Vincent A. Cautero, AICP, Administrator
Conununity Development and Environmental Services
AGF..~A ITEM
NO./b/(~/~) (
NAY 11 1999
Book 111 · Page.
Agenda Item 19
Meeting of 2/17/99
RESOLUTION 99-8478
A RESOLUTION OF THE MAYOR AND COUNCIL TO RENEW THE II~ AGI~k'~NT WITH
COLLIER COUNTY ~ FOR A CITY - COUNTY FEMA COORDINATOR; AND FROVIDING AN
EFFECTIVE DATE.
WKEREA~, the Interlocal Agreement between City of Naples and Collier County
for a FEMA Coordinator expired on December 1, 1998 and the Mayor
and Council of the City of Naples and the Board of County
Commissioners of Collier County government have mutually and
independently determined that public benefit has been gained
through mutual participation in the FEMA community rating system;
and
WHEREAS, the staff of the City and the staff of the County have deternlined
that the implementation of a City-County FEMA Coordinator has
proved beneficial to both City and County governments and it's
citizens; and
WHEREAS, both governments desire to renew the interlocal agreement with
modifications setting forth all conditions for a period of three
(3) years retroactive to December 1, 1998 to expire on December
31,2001.
NOW, THEREFORE RE IT RESOLVED BY THE COUNCIL OF THE CITY OF NAPLES, FLORIDA:
Section 1. The interlocal agreement authorizing a City - County FEMA
coordinator, said agreement attached hereto and incorporated
heroin, is hereby approved.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED IN OPEN AND REGULAR SESSION OF THE C COUNCIL OF THE CITY OF NAPLES,
FLORIDA, THIS 17TH DAX OF ~'E~RUAR~, 19~~~/,
~Barnett, Mayor
Attest: Approved as to form and legality:
AG, ENOA ITEM
No.
MAY 11 1999
/-7/-.
INTERLOCAL AGREEMENT FOR CITY-COUNTY FEMA COORDINATOR
This Agreement, made and entered into this __ day of , 1999, by and
between the CITY OF NAPLES, a municipal corporation, hereina~er called "City" and COLLIER
COUNTY, a political subdivision of the state of Florida, hereinafter called "County", to provide for
the continuation of a joint City-County FEMA coordinator to provide and develop floodplain
management programs to coincide with the National Flood Insurance Program and Community
Rating System within each community.
WITNESSETH
WHEREAS, the City and County both participate in the FEMA National Flood Insurance
Program and the Community Rating System; and
WHEREAS, the City and County have determined that the implementation of a City-
County FEMA Coordinator has proved beneficial to both City and County governments and its
citizens; and
WHEREAS, the City and County desire to renew the Interlocal Agreement with
modifications to operating expenses for a period of three (3) years retroactive to December 1,
1998 to expire on December 31,2001.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
parties hereby agree as follows: ....
1. There will be one Community Rating System Coordinator CFEMA Coordinator") for
both the City and the County. The City will employ the FEMA Coordinator subject
to the funding provisions set forth in paragraph 3.
2. The responsibilities of the FEMA Coordinator are as follows:
a. Plan, implement, and oversee the completion of Community Rating System
activities. The activities include, but are not limited to the following:
Activity 310 -- Elevation Certificates
· Maintain and collect Elevation Certificates for all new c
and substantially improved buildings built in the Sp(
Hazard Area since the community joined the Commu ~ity R~~
System.
· ~nstru~c~'ion
Maintain and collect Elevation Certificates for all new
· Maintain and collect Elevation Certificates for all new construction
and substantial improvements on buildings built in the Special Flood
Hazard Area since the community joined the National Flood
Insurance Program.
· Input Elevation Certificate data received after October 1, 1997, in
computer format and provide this data to FEMA annually.
· Establish a procedure for more efficient and effective storage and
retrieval of Elevation Certificates.
Activity 320 -- Map Information
· Provide information regarding the Flood Insurance Rate Map
(FIRM) and flood insurance purchase requirements to the public.
Activity 330 --Outreach Projects
· Once annually send written information to all property owners of the
City and County covering the following topics; local flood hazard,
map of the local flood hazard, flood warning system, flood safety,
flood insurance, property protection measures, floodplain
development permit requirements, substantial improvement
requirements, drainage system maintenance, and the natural and
beneficial functions of the local floodplain. This outreach project will
also advertise the services provided by the Development Services
Division, including providing FIRM information, canal/ditch dumping
regulation, and flood protection assistance.
· Provide information on monthly utility bills from the City and County
(one topic/month).
· Twice annually send written information to owners of property in the
Special Flood Hazard Area located in either the City or County,
explaining that the recipient is located in a Special 'Flood Hazard
Area. This outreach project will cover the following topics: local
flood hazard, map of the local flood hazard, flood warning system,
flood safety, flood insurance, property protection measures,
floodplain development permit requirements, substantial
improvement requirements, drainage system maintenance, and the
natural and beneficial functions of the local floodplain. Services
provided by the Development Services Division, including providing
FIRM information, canal/ditch dumping regulation, and flood
protection assistance will also be advertised in this publication.
· Conduct other outreach projects, such as presentations to
professional organizations, school groups, homeowners'
associations, etc.
Activity 340 -- Hazard Disclosure
· Establish hazard disclosure standards for real estate agents to
notify those interested in purchasing properties located in the SFHA
about the flood hazard and flood insurance purchase rec uirement.
AGIEND A IT'EM
Activity 350 -- Flood Protection Library Ne./~'~2'~ /
MAY 11 1999
2 Pl._ (~
· Ensure that the local libraries contain the following: a copy of the
City's and County's current Flood 'Insurance Rate Map, an up-to-
date directory of addresses and telephone numbers of local offices
that can provide more information including a reference on the
Floodplain Management Resource Center and instructions on how
people can use it, and publications relating to the following topics:
flood insurance, flood protection, floodplain management or flood
hazard mitigation, natural beneficial functions of floodplains.
Activity 360 -- Flood Protection Assistance
· Provide site-specific flood and flood-related data, such as 'floor
elevations, data on historical flooding in the neighborhood, or similar
information so that inquirers can relate the flood threat to their
properties.
· Provide names of contractors and consultants knowledgeable or
experienced in retrofitting techniques and construction.
· Provide material on how to select a qualified contractor and on what
recourse people have if they are dissatisfied with a contractor's
performance.
·Make ~site visits to review flooding, drainage, and sewer problems
and provide one-on-one advice to the property owner.
· Provide retrofitting advice and assistance.
Activity 420 -- Open Space Preservation
· Monitor City and County regulations for vacant floodplain lands
open through public ownership, private preserve, or which regulate
development so that there will be no new buildings or filling on the
land.
· Monitor City and County regulations which require that areas
preserved as Open Space are maintained in an undeveloped
natural state, restored to a natural state, or which protect natural
and beneficial floodplain functions.
Activity 430 -- Higher Regulatory Standards
· Coordinate with City and County Building Officials to ensure
enforcement of the Standard Building Code regulation requiring
engineered foundations.
Activity 440 -- Flood Data Maintenance · Coordinate annual update and maintenance of digitized parcel data.
· Coordinate annual update and maintenance overlay map of FIRM
and property map.
Activity 450 -- Stormwater Management
· Coordinate continued routine inspection and maintenance of
stormwater management system.
AC, E. hN)A ~TF.M
No./~,~?_) {
3 I AY 11 1999
Activity 510 -- Floodplain Management Planning
· Coordinate the development of a Floodplain Management Plan
utilizing the following standard planning process; organize and
prepare the plan, involve the public, coordinate with other agencies,
assess the hazard, assess the problem, set goals, review possible
activities, draft an action plan, adopt the plan, implement the plan,
and evaluate and revise annually.
Activity 530 -- Retrofitting
· Coordinate the retrofitring of insurable buildings located in the
Special Flood Hazard Area in order to protect them from flood
damage.
Activity 540 -- Drainage System Maintenance
· Coordinate the inspection of drainage systems and removal of
debris from the drainage system on a routine basis.
· Coordinate the enforcement of the canal/ditch dumping regulation.
· Coordinate the maintenance of coastal erosion protection
programs.
Activity 610 -- Flood Warning Program
· Coordinate the flood warning program including emergency warning
dissemination and maintaining and evaluating critical facilities
planning annually.
b. Prepare and maintain Community Rating System activity documents.
c. Provide input to the City and County on policy decisions that affect
floodplain management and flood hazard mitigation.
3. The annual funding under this Agreement is as follows:
a. Budgeted Items Projected Amount
Salary and Benefits $40,000
Printing and Mailing $7,000
School and Training $1,000
Vehicle maintenance, repair &fuel $ 450
Computer Software $ 600
Cellular Phone $ 360
Office Supplies $ 300
Books/Subscriptions $ 200
Work area at City of Naples &Collier County n/a
Total $49,910
b. Above items do not necessarily reflect definite expenditures, but am based
on previous activities of this position.
c. Any additional expenses must be decided upon through mutual written
,--- agreement.
AG$,NDA ITEM
4 MA,Y 11 1999
Pg- ~
d. All costs and expenses set forth above shall be paid 50% by the City and
50% by the County. The City will pay for all expenses initially and shall bill
the) County annually for expenses incurred through August of each year.
An invoice shall be submitted no later than September 15th.
4. This Interlocal Agreement shall be in effect until December 1, 2001. However this
agreement may be cancelled by either party upon a sixty (60) day notice.
5. This Agreement shall be recorded in the Public Records of Collier County, Florida.
IN WITNESS WHEREOF, the parties have executed this Agreement effective the date first
above written.
Attest:
Tar~ Norman, C4t~ Cierk E~'[[FBarnett, Mayor
Approved as to form and legality:
Attest: BOARD OF COUNTY COMMISSIONERS,
Dwight E. Brock, Clerk COLLIER COUNTY, FLORIDA
By:
Name: Pamela S. Mac'Kie, Chairwoman
Deputy Clerk
Approved as to form and
legal sufficiency:
Name:
County Attorney
Z:~,jnu\wordata\interlocal agreement A~A ITF...~
MAY 11 1999
5
Pg.
EXECUTIVE SUMMARY
SA HSFACTION OF LIEN FOR PUBLIC NUSIANCE RESOLUTION 99-106
OB.IECTIVE: That the Board of County Commissioners approve the attached Satisfaction of
Lien for a lien previously assessed by the Board of County Commissioners by Resolution No.
99-106 for a public nuisance.
CONSIDERATION: On February 9, 1999 the Board of County Commissioners adopted
Resolution No. 99-106 assessing a lien for a public nuisance in the principal amount of $245.00
plus any accrued interest on the property described as commencing at Lot 3, Block 66, Naples
Park. Unit 5. according to the plat thereof, on file and recorded in the Public Records of Collier
County. Florida Plat Book 2523, Page 3444. At the time the resolution was filed the property
was owned by Jennil~r S. Brandon. The property has since been foreclosed by G.E. Capital
Mortgage Services xvho requests that the $200.00 administrative fee and any accrued interest be
wai \'ed and that they bc responsible for only the $45.00 t~e for the actual lot mowing. Therefore
I request that the administrative fee and any interest be waived and the attached satisfaction of
lien be approved.
FISCAL IMPACT: The only cost to be incurred by the County is the cost of recording the
Sat i sthction of Lien. which is estimated to be approximately $7.00 and can be paid from Code
En R~rcement account.
GROWTH MANAGEMENT: None.
RECOMMENDATI ON: That the Board approve the attached Satisfaction of Lien for the cost
of ~he abatement of a public nuisance, as recorded on March 16, 1999 by Resolution No. 99-106
rec,,rded in OR Book 2523, Page 3443 of the Official Records of Collier County, Florida.
PREPARED BY:
DATE: q- 7'
Belanger ~
Set. ior Customer Scr\-ice Agent
RE VIEWED BY:
Michelle Edwards Arnold, Direclor
Code Enforcement
Al' I'RO~gD BY:
,~ DATE:
Vi~cent A. Cautero. ,.XlCP, Administrator MAY 11 199g
Co~mnunity Dev. & Environmental Svcs.
Jennifer S are-don
791-98~ Ave N
Naples, FL 34106
~~ 80821-031 ~62777640003 LI~ NUMBER:
LEGAL DESCRIPTION:
~t 3, Blo~ 66, ~S P~, ~T 5, ac~rai-g ~ ~e Plat ~f,
~ov~ in Plat ~k 3, at pa~ 14, of ~e ~c ~ of
~11~er Co~y,
You, as the owner of the property above described, as recorded in the
records maintained by the office of the Property Appraiser, are hereby
advised that the Compliance Services Manager, did on 8/25/98, order the
abatement of a certain nuisance existing on the above property prohibited
by Ordinance 91-47, serving notice thereof upon you, such nuisance being:
Prohibited accumulation of non-protected mw~weble vegetation in
excess o~ 18" in height An a subd/vsaio~ other tha~ ~olde~ Gate
~--- EStates.
Weeds over 16".
You failed to abate such nuisance; whereupon, It was abated by the
expenditure of public funds at a direct cost of 8 4~.00 and
administrative co~t of $200.00 for a total of $ 24&.00. Such costs, by
8esolution of the Board of County Commissioners of Collier County,
Florlda, have been assessed against the above property on fib -~
and shall become a lien on the property thirty (30) days after such
assessment.
You may request a hearing before the Board of County Commissioners to
show cause, if any, why the expenses and charges incurred by the County
under this Ordinance are unwarranted or excesslye or why such expenses
should not constitute a lien against the property. Such request for
hearing must be made to the Clerk of the Board of County Commissioners,
Government Center, Naples, Florida 34112 in writing within thirty (30}
days from the date of this assessment to be valid.
CLERK, BOARD OF COUNTY COMMISSIONERS
CSce 9-1/93
N ,Y 11 1999
RESOLUTION NO. 9~- 1G~
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
PROVIDING FOR ASSESSMENT OF LIEN, FOR TME COST OF
THE A~ATEMENT OF PUBLIC NUISANCE, IN ACCORDAJ4CE
WITH ORDINANCE 91-47.
W~EREAS, as provided in Ordinance 91-47, the direct costs of
abatement of certain nuisances, including prescribed administrative
cost incurred by the County, shall be assessed against such property;
and
WNEREA$, the cost thereof to the County as to each parcel shall be
calculated and reported to the Board of County Co~uiseloners, together
with a description of said parcel; and
WMER=~S, such assessment shall be a legal, valid and binding
obligation upon the property against which made until paid; and
W}rEJLEA~, the assessment shall become due and payable thirty {30)
days after the mailing of Notice of AsseaemenL after which interest
shall accrue at a rate of twelve percent (12.0%) per annum on any
unpaid portion thereof.
NOW, THEREFORE, BE IT RESOLVED BY ~ BOARD OF COUNTY
COh0MISSICNERS OF COLLIER COUNTY, FLORIDA, that the property described
as follows, and having been abated of a public nuisance after due and
prcrper notice thereof to the owner of said property, is hereby assessed
the following costs of such abatement, to wit:
~ ]~ COST
Jennlfer S BEandon Lot 3, Bloc~k 66, NAPLaS PA~, $245.00
791-98u Ave N UN=T 5, accord/ng to the ~lat
Naples, FL 34108 thereof, recorda~ ~n Plat ~eok
3, at page 14, of the Pub3.iu
Rsoords of Collier Count;,
FLorida.
80821-031 ~62777640003
The Clerk of the Board shall mail a notice of assessment of lien
to the c~rner or owners of the above described property, and if such
owner fails to pay such assessment within thirty (30) days hereof, a
certified copy of this Resolution shall be recorded in the official
records of Collier County, to constitute a lien against such property
according to law, unless such direction is stayed by this Board upon
appeal of the assessment of the owner.
This Resolution adopted after motion, second and majority vDte.
: BOARD OF COUNTY COMMISSIONERS(
COLLIER COUlqTY, FLORIDA
DWIGHT-E~jBROCK, CLERK
.=o 24J8572 OR: 2523
COUNTY ATTORNEY
CSce 11 - 1/1/99 C~ ~0 T~
This instrument prepared by: FOR CLERK'S USE ONLY
Heidi Ashton
Office of the County Attomey
3301 East Tamiami Trail
Naples, Florida 34112
(941) 774-8400
Property Folio No. 62777640003
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain
Lien by Resolution No. 99-106 against:
Jennifer S. Brandon
791 98"' Ave. North
Naples, FI. 34108
The lien was recorded on March 16. 1999 Official Record Book 2523, Page 3443, in the
Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida.
The lien secures the principal sum of Two Hundred Forty Five ($245.00) plus accrued
interest and penalties. if any, and imposes certain obligation against real property situated in
Collier County. Florida, which property is described as follows:
Lot 3, Block 66, Naples Park. Unwt 5, according to the Plat
Thereof, recorded in Plat Book 3. at page 14, of the Public
Records of Collier County. Flonda
REFERENCE:
80821-031 Folio#62777640003
Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction
of Lien. acknowledges payment as full satisfaction of the Lien and hereby cancels said Lien
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
Official Records of Collier County. Flonda. to acknowledge that the Lien ceases to exist.
IN WITNESS WHEREOF. the Board of County Commissioners of Collier County, Florida,
achng through its Chairman, directs execution and recording of the Satisfaction of Lien, by
action of the Board this day of 1999.
ATrEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK. Clerk COLLIER COUNTY, FLORIDA
AC_,F. NOA n'~
"11 1999
Pil. y
EXECUTIVE SUMMARY
AWARD OF BID #99-2922 FOR ARTIFICIAL REEF CONSTRUCTION.
OBJECTIVE:
That the Board of County Commissioners award Bid #99-2922, and authorize the
Chairwoman to execute Contract #99-2922, with Kelly Brothers, Inc. for the construction
of the Marco Island 5 mile artificial reef.
CONSIDERATIONS:
1. On April 14, 1999, bids were solicited from 84 marine contractors for construction of
an artificial reef.
2. Kelly Brothers, Inc. was the only contractor to respond at a cost of $25,000.
3. Other marine contractors used in the past are currently too busy on the East Coast.
4. Kelly Brothers, Inc. has constructed artificial reefs for the County in previous years for
the same cost.
A copy of the referenced Bid document and tabulation sheet are available for
inspection at the Office of the Board of County Commissioners, Administration
Building, third floor, at the County Government Complex, 3301 East Tamiami
Trail.
GROWTH MANAGEMENT IMPACTS:
This project supports Objective 7.1 and Policy 7.1.1, of the Conservation and Coastal
Management Element of the Collier County Growth Management Plan.
FISCAL IMPACT:
The cost under this Agreement is payment of $25,000 to the Contractor upon successful
completion of terms. Funds are budgeted and available within the Natural Resources
Department Grants, Fund #117. The County will receive reimbursement for this
,---, expenditure through the Florida Department of Environmental Resources Agreement
OFMAS-118, that was accepted by the Board on February 23, 1999.
RECOMNIENDATION:
That the Board of County Commissioners award Bid #99-2922, Construction of an
Artificial Reef, and authorize the Chairwoman to execute Contract #99-2922 with Kelly
Brothers, Inc.
Keyin H. DUgmi,"Sr. Environmental Specialist
Natural Resources Department
~VIE~VED BY: ~,'- ~. =.- -'. '- '~-~ .: DATE:
Wilii~"D. Lorenz, Jr., P.E., ~irector
Natural Resources Dep~ment
REVIEWED BY: -- . ' - ',. DATE:
Steve Camell, CSM Director
Purchasipg Services Department
APPROVEDBY: i;/47" / DATE:
Vincent A. Cautero, AICP, Administrator
Community Development & Enviromental Sendces Division
AGEJ4DA ITEM r
MAY 11 leo9 :
Bid # 99-2922 "Construction of Artificial RccF'
THIS SHEET MUST BE SIGNED BY VENDOR
Board of COuntY Commissioners Collier CountY, Florida
BIDDER'S CHECK LIST
! M P O R T A N T: Please read carefully, sign in the spaces indicated and return
with your bid proposal,
Bidder should check off each of the following items as the necessan/action is completed:
1. The Bid has been signed;
2. The Bid prices offered have been reviewed;
3. The price extensions and totals have been checked.
4. The payment terms have been indicated;
5. Any required drawings, descriptive literature, etc.
have been included;
6. Any delivery information required is included;
7. If requi.red, the amount of bid bond has been checked, and
the bid bond or cashiers check has been included;
8. Any addenda have been signed and included;
9. The mailing envelope has been addressed to:
Collier County Government Center
Purchasing Director
General Services Building
3301 Eas: Tamiami Trail
Naples, Florida 34112
lo. The mailing envelope must be sealed and marked with:
· Bid Number, Bid Title, and Opening Date
11. The bid will be mailed or delivered in time to be received no later than the
specified oDenine date and time. (Otherwise bid cannot be considered.)
ALL COURIER DELIVERED BIDS MUST HAVE THE BID NUMBER AND TITLE ON THE OUTSIDE
OF THE COURIER PACKET.
Signature & Ti'~
Date: Y - X-Y
MAY 111 99
CONTRACT R~O~OSAL
Date Due: April 14, 1999
Board of County Commissioners
Collier County Government Center
Naples, Ftodda 34112
RE: Bid No. 99-2922 "Construction of Artificial Reef"
Dear Commissioners:
The undersigned, as bidder, hereby declares that he has examined the specifications and
informed himself fully in regard to all conditions pertaining to construction of an artificial reef as
per the attached specifications. The Bidder further declares that the only persons, company or
parties interested in this Pro.~:~sal or the Contract to. be entered into as principals are named
herein; that this Proposal is made without connection with any other person, company or
companies submitting a Bid or PropOsal; and it is all respects fair and in good faith, without
collusion or fraud.
The Bidder proposes. and agrees, if this Proposal is accepted, to contract with the County
furnish work in futI, in complete accordance with the attached specifications, according to the
following unit prices:
Artificia[ reef materials as per specifications.
Price per ton
Any discounts or terms must be shown on the Proposal Form. Such discounts, if any, will be
considered and. computed in the tabulation of the bids. In no instance should terms for less
than 15 days payment be offered.
Prompt Payment Terns: % ~ Days; Net 30 Days
Addenda received (if applicable): #1~ #2~ #3
Proposal continued on next page ....
AGF_j'~:)A IT~
d21 1999
Bid # 99-2922 "Construction of Artificial Reef'
PROPOSAL CONTINUED
The service to be furnished by us is hereby declared and guaranteed to be in conformance with
the specificationslof the County.
The undersigned do agree that should this Proposal be accepted, to execute the form of
contract and present the same to the County Purchasing Director for approval within fifteen (15)
days after being notified of the awarding of the Contract.
The undersigned do further agree that failure to execute and deliver said forms of contract
within fifteen (15) days, will result in damages to the County.
IN WITNESS WHEREOF, WE have hereunto subscribed our names on this I:~, day of A,~'12.~ L_ ,1999 in the County of L_-~-~_, , in the State of .. F-L--.
Firm's Complete Legal Name
Check one of the following:
["]. Sole Proprietorship
Corporation or P.A.
Limited Partnership
[] General Partnership
Phone No. ~'//' "~t~C~Z
FAX No. ¢41- 4~Z"
./5"775' 10,,Se-
Address
City, State, ZIP
BY: 'i'yped and Written S/9'/¢~~~
z~...-..~
NOTE: If you'choose to bid, please submit an
ORIGINAL and ONE COPY of your proposal pages. AGE:NDA ITEM
I A '311 B99
' ' " Bid # 99-2922 "Construction of Arti~cial Reef"
Collier County Florida Insurance Requirements
(Continued)
(A) United States Longshoreman's and Harbor'worker's Act coverage shall be
maintained where applicable to the completion of the work.
X Applicable _ _ Not Applicable
(B) Maritime Coverage (Jones Act) shall be maintained where applicable to the
completion of the work.
X . Applicable . Not Applicable
7. Collier County must be named as "ADDITIONAL INSURED" on the Insurance
Certificate for Commercial General Liability.
. X. 8. Collier County Board of County Commissioners shall be named as the Certificate
Holder. NOTE: ~'r'he 'Cer'd~cate Holder" should read as follows:
Collier County Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
X 9. Thtrty (33) Days Cancellation Notice is required.
X 10. The Certificste mus[ state the Bid Number and Title.
BIDDER'S AND INSURANCE AGENT STATEMENT:
RE: A~Tr~ LIABILITY (iNLY
We understand the insurance requirements contained in these specifications. and that the
evidence of said insurance may be required within five (5) business days of the award of bid.
AGENDA I'~' '
11 1999
pg._ ~' ....
Collier County Florida Insurance Requirements
(Continued)
(A} United States Longshoreman's. anc~ Harborworkers Act Coverage shalt be
maintained where appFK:abte to ~e completion of the work.
.__X__ Applicable __ Not Applicable
(B) Maritime Coverage (Jones Act) shall be maintained where applicable to the
compteb'on of the work.
__X__ Applicable :: ~ Nct Applicable
T. Collier County must be named, as "ADDITIONAL INSURED" on the Insuran~"~ Certificate for Comrnerda~ General Liability.
8. Collier County Board of C,c, unty Commissioners shall be named as the Cerljfi~te Holder, NOTE: The 'Ce..~,:,,Scate Hottier' should read as fol;ows:
CciHer Cc'j,nb/Board Of County Commissioners
3301 Eas~ Tamiami Trail
Nap]es, FL 54112
;X .. 9. Thirty (30) D:~ys Cance~!atjon Notic~ is 'required,
X 10. The Certificate must s',-~te the Sid Number and T'rrje.
BIDDER'S AND IN,SURANCE AGENT STATEMENT:
We understand the insuranca req~remerr',s contained in these specifications,. and tha~ the
evidence or said insurance may be reqLF, red within fn/e (5) business days of the award of bid.
Signalure of Eid~_r ('/ /igrgture of Bi,,,~r~r's Agent
____._._._
Bid # 99-2922 "Construction of Artificial Reef' RECEIVED
NATj,%'L RESOURCES
IDEF'ARTH~:h'T
COLLIgR COUNTY GOVERNMENT
Support Services Division General Services Building
Purchasing Department 3301 E. Tamiarni Trail
Naples, Florida 34112
Telephone: 941/774-8425
FAX: 941/732-0844
A CERTIFIED BLUE CHIP CO.~SIL.'NITY
DATE: March 24, 1999
TO: Prospective Bidders
FROM: Kelsey Ward, Buyer II
Purchasing Department
RE: Bid #99-2922 "Construction of Artificial Reef"
The Board of CounW Commissioners desires to receive proposals for tt3e
above-referenced services.
Please refer to the Public Notice contained in the enclosed proposal
package for the time and date of the Opening of this Bid.
If you have any immediate questions regarding the specifications or
intended work, you may contact Mr. Kevin Dugan, Senior Environmental
Specialist at 941/732-2505, fax: 941/774-9222 or eraall KevinDu~_an(~,co]iier.~ov.net.
If you have procedural questions you may contact me at 941/774-8425, fax:
94q/7:S2-O84zl or eraall KelseyWard@colliergov.net.
We look forward to your participation in this bid process.
cc: Kevin H. Dugan, Natural Resources Department
NOTE: If you choose to bid, pZe~se submit ORICINAL and ONZ COP k' of ~e~D^~ I
proposal pages. n°'d'//-~'-) ?
MAY 11 1999
l
pg.
Bid # 99-2922 "Construction of Artificial Reef'
- PUBLIC NOTICE
Sealed bids for Construction of Artificial Reef will be received at the Collier
County Purchasing Director's Office, 3301 East Tamiami Trail, General Services
Building, Naples, FL 34112, until 2:30 p.m., Collier County Time on April 14,
1999.
BID #99-2922
"Construction of Artificial Reef"
Any questions regarding these specifications or intended work may be directed
to: Mr. Kevin Dugan, Senior Environmental Specialist 941-732-2505, fax 941-
774-9222 or email Ke~4_nDu~anr~!collier~ov.net.
All bids shah be made upon the Offficial Proposal Form attached to the
specifications, which may be seen at the Office of the Purchasing Director, and
which may be had by bona fide bidders.
Collier County does not discriminate based on age, race, color, sex, religion,
national origin, disabiliW or marital status.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
Steve Carnell, CSM
Purchasing/General Services Director
Publicly posted in the lobby of the General Services Building on March 24, 1999.
AGENOA
MAY 11 1999
2
Pl. Z"(2 .
Bid # 99-2922 "Construction of Artificial Reef'
GENERAL BIDDING REQUIREMENTS
Special Note: All bids sent by couder service must
1. All bids must be made on the proposal form have the bid number and tiUe on the outside of
furnished by the County. No bid will be the couder packet.
considered unless the proposal form is
propedy signed. 10. Collier County, Flodda as a political subdivision of
the State of Flodda, is exempt from the payment
2. Vendors must provide unit prices any time unit of Flodda sales tax to its vendors under Chapter
pdces are requesL-='d in the units requested. 212, FIodda Statutes. All successful bidders will
These unit pdces must be proper and balanced so be provided a copy of Collier County's Cer~flcate
as to allow fair adjustments in quantities as of Exemption (#r21-07-01995-53C)upon contact
required by th~ County. All prices will remain firm award.
for a pedod of ninety (90) days from date of bid
opening. Corporations, individuals and other endlies are
impacted by Chapter 212, Rodda Statutes
3. Any t;ansportation and/or any other charges according to the type of service, sale of
incurred in delivering the product as specified commodity or other contractual agreement to be
must be incjuded in the bid price. FOB destination made with Collier County. By subrnjt~l of a
shall apply unless excep'don Ls made in the propedy executed response to a bid proposal from
specifications. Collier County, Flodda, the bidder is
acknowledging that he is aware of his s~t~tcry
4. Any discounts or terms must be shown on the responsibiliLies for sales tax under Chapter 212,
proposal form. Such discounts, if any, wilt be Flodda Statutes.
considered and computed in the tabulation of the
bids. In no instance should tarms for less than 15 Collier County is also exempt from rrK~t Federal
days payment be offered. excise t~xes. By submittal of a properly executed
response to a bid proposal from Collier County,
Flodda, the bidder is acknowledging that he is
5. Proposers taking exception to any part or section aware of his responsibilities for Federal excise
of these spedfica~ons shall indicate such taxes.
excep+jons on a separate sheet entitled
"EXCEPTIONS TO SFECIF~CATIONS". Failure 11. Tangible personal property purchased by
to indicate any excepdcns snail be interpreted as
the Proposers iment to f~ilv comply with the Contractors in the perfcrmance cf realty
· ' construction for the County is taxasie, thcu_cn the
specifications as wn, r, en. County is exempt on its own purcqases.
6. The County reserves the fi_cnt to formally amend 12. In case of identical bids tying as low bid. the
and/or clanfy the requirements of the bid
County shall ask vendors to submit certjficaticn
specificatjons where it de-e_m.s necassary. Any
such addendurrJciadfi~tion shall be in wdting and that they have a drug-flee work,.piace in
accordance with Section 287.087 Rotida Statutes.
shall be distributed to all parses who received the
original bid specifi~tions and are eligible for Should all vendors provide said certification, the
consideration pdor to the desdline for submission County will give local vendor preference.
pforocosals. 13. Permits, Licenses, Taxes: In compliance with
7. The County reserves the dd,cht to reject any and alI Section 218.80, F.S., all permits nec-essary for the
bids, to waive defects in ~e form of bid, also to prosecution of the Work shall be obtained by the
select the bid that best mee~ts the requirements of Contractor. In addition. the Contmc*.nr snail
comply with all rules, regulations and laws of
the County. Collier County, the State of Florida. or the U.S.
Government now in forca or hereafter adopted.
8. All bids shall be in the hands of the County
Purchasing Directjon, Collier County Government
Complex, General Services Building, Naples, FL 14. The County reserves the fight to accept an item or
34112, by the date and time as stated in the Legal group of items from this bid unless the bidder
Notice. No late bids can or will be accepted. qualified his bid by specific limitations.
9. All bids must be placed in a sealed envelope, 15. The County reserves the fight to award any item
and plainly marked as follows: or groups of items to more than one vendor on
any bid unless otherwise noted in the bid
specifications.
(1) The date and time of receipt of the bids by the
County Purchasing Directcr. 16. Alternate bids will not be considered unless
authorized by the Invitation for Bids.
(2) The number of the bid and the bid tjtie for which
the bidder suDmW'jng the hid. 17. Bidders on any construction prc oct must be
However, under no cir~rnstances snail any part of, qualified and directly responsible f r ,~u:,o ~II~A ITEM
or pertaining directly to the bidder's offer, be of the Bid amount for said work.
exposed on the outside of the bid offer.
MAT 11 1999
3
Bid '~ 99-2922 "Construction of Artificial Reef"
18. Payment will be made by the County within thirty shall prevail. Mathematical miscalculations
(30) days from receipt and acceptance by the may be corrected by the County to reflect the
County of delivery of the bid items or receipt of proper answer.
invoice for same, whigmeyer is received later.
23. Award of contact will be made by the Board of
19. Any Contractor who is a redpient of County funds. County Commissioners in public session. Awards
or who proposes to perform an work or furnish any pertaining to the Collier County Airport Authority
goods under-this bid shall not discriminate against will generally be made by that agency's approval
any worker, employee or applicant or any member Board. Award shall be made in a manner
of the public because of age race, color, sex, consistent with the County's Purchasing Policy.
religion, national odgin, disability or madtal status Award recommendations will be posted outside
nor otherwise commit an unfair employment the offices of the Purchasing Department on
practice. Wednesdays and Thursdays. Any actual or
prospective respondent who desires to formally
20. For bidders who wish to receive copies of bids protest the recommended contract award must file
after the bid opening, the County reserves the a notice of intent to protest with the Purchasing
dght to recover all costs assorated with the Director within two (2)calendar days (excluding
pdnting and distribution of sudan copies. weekends and County holidays) of the date that
the recommended award is posted. Upon filing of
said notice, the protesting party will have five (5)
21. Any actual or prospective respondent to an days to file a formal protest and will be given
Invitation to Bid or Request for Proposal who is instructions as to the form and content
aggrieved with respect to the former, shall file a requirements of the formal protest, A copy of the
wdtten protest with the Purcfiasing Director pdor 'Protest Policy" is available at the office of the
t_9o the opening of the Bid or the due date for Purchasing Director.
acceptance of Proposals. AJI such protests must
be filed with the Purcfiasing Director no later than
11:00 a.m. Collier County time on the advertised 24. All firms are hereby placed on NOTICE that the
date for the opening of the Bid or the acceptance County Commission does not wish to be
date for the Request for Proposals. lobbied...either individually or coilectively...about
a project for which a finn has submitted a
22. Rid award selection c_.'iteria is as fcilows: proposal. Firms and their agents are not to
contact members of the County Commission for
such purposes as meetings of introduction,
EL All Guestions on the Proposal Page shall be luncheons, dinners, etc. Dudng the bidding
answered as to pnce(s), tjme reduirements, process, from bid opening to final Boar," approval
prompt payment terms [discount. s], required no firm or their agent shall conrad: any other
document submissions and acknowledgment employee of Collier County with the exception of
of aCCenda received. the Purchasing Director.
b. Award shall be based upon the responses to 25. The Contractor shall employ people to work at
all questions on the Proposal Page. County facilities who are neat, dean, well-
groomed and courteous.
c. Further consideration will include but not be
limited to references, c~mpleteness of bid 26. If the bidder should be of the opinion that the
response and past performances on other meaning of any part of the Bidding Document is
County bids/proje~,s. doubtful, obscure or contains errors or omissions
he should report such opinion to the Purchasing
d. Pnces will be read in public exac~Jy as wdtten Director before the bid opening date.
on the Proposal Page at the time of the bid
opening; however, should an error in
calculations oc.:-Jr whenever unit pdcing and
price extensions are requested, the unit pdce
AGENOA ITEM
No, ./g _~! > 3
MAY 11 1999
4
Bid # 99-2922 "Construction of Artificial Reef'
NON-BIDDER'S RESPONSE
BID #99-2922
"Construction of Artificial Reef"
For purposes of maintaining an accurate bidder's list and facilitating your ~rm's
response to our invitation for bid, we are interested in ascertaining reasons for
prospective bidders failure to respond to invitations for bids.
If your firm is not responding to this bid, please indicate the reason(s) by checking an
appropriate item (s) listed below and return this form to the Purchasing Department,
Collier County Government Center, 3301 East Tamiami Trail, General Services
Building, Naples, FL 34112. Please indicate "NO BID" on the outside of the envelope.
We are not responding to this invitation for bid for the following reason(s):
E2] Items or materials requested not manufactured by us or not available to
our company;
F"} Our items or materials do not meet specifications;
E2] circle one - Specifications were:
Not clearly understood, Not applicable, Too vague, Too rigid,
Quantities too small, or
i'1 Incorrect address used. Please correct:
Other reason(s):
Name of Firm:
Mailing Address:
City, State, ZIP:
Phone ( ) FAX ( )
By:
Signature of Representative
AGENOA ITEM
No,/~' ~)~
MAY 11 1999
p¢./,~ 5
Bid # 99-2922 "Construction of Artificial Reef'
Bid # 99-2922 "Construction of Artificial ReeF'
Specifications
These specifications are intended to provide the information by which prospective
bidders may understand the requirements of Collier County relative to construction of a
new artificial reef on Marco Island 5 Mile Reef.
General Information
Collier County shall enter into an agreement with a Contractor to place suitable artificial
reef material in approximately thirty (30:) feet of water on the permitted Marco Island 5
Mile Reef which is located approximately five (5:) miles southwest of Capri Pass, The
exact location for material deployment will be marked by temporary buoys and verified
by the Collier County Artificial Reef Program staff immediately prior to material
placement. This is an approved charted artificial reef site with active permits from all
applicable agencies. Copies of all permits are available upon request.
Material Specifications
The Contractor shall supply suitable artificial reef material which shall consist of pre-
cast concrete such as culverts, man-holes, catch basins etc. of varying size or
limestone boulders of approximately two (2) cubic feet. The Contractor shall furnish all
material, labor, supervision and equipment to complete the project, and the bid shall be
all-inclusive of these costs.
Material Placement
1. Land
The Contractor shall provide transportation of the arti~ci;-~i"~eef materials to the
waterfront staging area location designated by the County. An appropriate staging
area shall be provided by the Contractor in order to facilitate preparation and
loading of the artificial reef materials for transportation to the reef site·
2. Ocean
The artificial reef material shall be placed on the reef site by the Contractor in a
location to be determined and marked by the County. The County Project Manager
or his designee shall verify the location immediately prior to placement.
The Contractor shall make provisions to ensure that all artificial reef materials are
placed within a designated area and shall be deposited in such a manner that no
materials extend more than ten (10) feet above the surrounding bottom ~,~, AGr~A i~--M "
placement. Any materials that do not satisfy this placement restriction s ~all ~.
subject to removal or relocation by the Contractor at no expense to the ;ount97 I'~e ~ ;~
IA'f 11 1999
.,.i y 6 ...
Bid # 99-2922 "Construction of Artificial Reef'
County Project Manager or his designee shall make the sole determination of
proper material placement.
Project Management
The County Project Manager or his designee shall have access to the staging area
and shall be on board the vessel at all times during the transportation and
placement of the artificial reef material. Material placed without on-site approval of
the Project Manager or his designee shall be subject to removal or relocation at the
Contractor's expense. The Contractor shall give the County Project Manager or his
designee a minimum of forty eight (48) hours notice of any scheduled work, or any
schedule change that would require the presence of the Project Manager.
Should the Contractor encounter any unforseen circumstances which may change
the scope or schedule of the project, the Contractor shall promptly notify the County
in writing. The County Project Manager or his designee shall review the findings and
advise the Contractor as to how to proceed. The Contractor shall not continue until
advised to do so by the County Project Manager or his designee.
Project Duration
Duration of the project is estimated at thirty (30) days and shall begin as weather
conditions permit and upon issuance of a purchase order. Proper placement of
artificial reef material must be completed on or before June 15, 1999. Failure to
complete the project on time shall result in immediate termination and further,
the County shall have the right to cancel any and all outstanding financial
obligations in regard to this project.
Payment
Bid pricing shall be inclusive of all costs including but not limited to: transportation of
artificial reef material to staging area, loading and unloading of material,
transportation of reef site, placement of material on bottom as per specifications.
Payment shall be full compensation for all services, labor, tools, equipment and any
other items required for project completion as accepted by the County Project
Manager or his designee.
Bid pricing shall be based upon weight. Official weights on all artificial reef material
shall be provided by certified scales or certified load line barge. The Contractor
shall provide the County Project Manager or his designee with a list of materials
provided for this project and the corresponding weight to assure compliance with bid
item amounts.
Ae, V,.OA
MA.v 11 1999
pg../~--'7
Bid # 99-2922 "Construction of Artificial Reef'
Award of Bid
The general criteria that will be used for the evaluation of this bid is set forth in the
general bidding requirements along with the responses as stated on the bid
proposal pages. Award of bid shall be made to the lowest, qualified and responsive
bidder(s) meeting specifications. The County reserves the right to award this
contract through an approach which best serves the interests of the County; i.e.: to
a single vendor, multiple vendors, or on a primary/secondary vendor basis.
Interpretation of Specifications
If the proposer should be of the opinion that the meaning of any part of the Bid
Document is uncertain, obscure, or contains errors or omissions, he should report
such opinion to the Purchasing Director no less than ten (10) days pdor to the bid
opening date.
Bids which contain any alteration, addition, condition, limitation, unauthorized
alternates or show irregularities of any kind may be rejected by the County as non-
responsive or irregular. The County reserves the dght to waive any irregularities,
technicalities or informalities in any bid and reiect any or all bids.
Termination
Should the Contractor be found to have failed to perform his services in a manner
satisfactory to the County, the County may terminate this Agreement immediately
for cause; further the County may terminate this Agreement for convenience with a
thirty (30) day written notice. The County shall be sole judge of non-performance.
HAY 11 ~999
8
Bid # 99-2922 "Construction of Artificial Reef'
Collier County Florida
Insurance Requirements
BID #99-2922
INSURANCE TYPE REQUIRED LIMITS
X 1. Workers' Compensation Statutory Limits of Florida Statutes,
Chapter 440 & all Federal Government
Statutory Limits and Requirements.
Policy must include Employers Liability
with a limit of $1,000,000 each accident
X 2. Commercial General Liability Bodily IniurV &Property Damaoe
(Occurrence Form)
patterned after the 1985 I.S.O.
form with no limiting endorsements. $1,000,000 Single Limit
Per Occurrence
(A)Watercraft Liability coverage shall be carried at the limits shown above if applicable
to the completion of the work under this Agreement.
X Applicable __ Not Applicable
X 3. Indemnification: The ContractorNendor, in consideration of One Hundred Dollars
(SI 00.00), the re~ipt and sufficiency of which is accepted through the signing of this
document, shall hold harmless and defend Collier County and its agents and
employees from all suits and actions, including attorney's fees and all costs of
litigation and judgments of any name and description arising out of or incidental to the
performance of this contract or work performed thereunder. This provision shall also
pertain to any claims brought against the County by an employee of the named
Contractor/Vendor, any Subcontractor, or anyone directly or indirectly employed by
any of them. The Contractor/Vendor's obligation under this provision shall not be
limited in any way by the agreed upon contract price as shown in this Contract or the
ContractorNendor's limit of, or lack of, sufficient insurance protection. The first One
Hundred Dollars (S100.00) or money received on the contract price is considered as
payment of this obligation by the County.
X 4. Automobile Liability $500.000 Each Occurrence
Owned/Non-owned/Hired
Automobile Included
N/A 5. Other Insurance as indicated below:
a) Professional Liability $
b) Builder's Risk $
X 6. Contractor shall insure that all subcontractors comply with the same insurance
requirements that he is required to meet. The same contractor shall provide the
County with certificates of insurance meeting the required insuranc nrt~,,iel .....
MAY 11 1999
9
Bid # 99-2922 "Construction of Artificial Reef'
Collier County Florida Insurance Requirements
(Continued) '
(A) United States Longshoreman's and Harborworker's Act coverage shall be
maintained where applicable to the completion of the work.
X Applicable __ Not Applicable
(B) Maritime Coverage (Jones Act) shall be maintained where applicable to the
completion of the work.
X Applicable ~ Not Applicable
X 7. Collier County must be named as "ADDITIONAL INSURED" on the Insurance
Certificate for Commercial General Liability.
X 8, Collier County Board of County Commissioners shall be named as the Certificate
Holder. NOTE: 'The "Certificate Holder" should read as follows:
Collier County Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
X 9. Thirty (30) Days Cancellation Notice is required.
X 10. The Certificate must state the Bid Number and Title.
BIDDER'S AND INSURANCE AGENT STATEMENT:
We understand the insurance requirements contained in these specifications, and that the
evidence of said insurance may be required within five (5) business days of the award of bid.
Bidder Insurance Agency
Signature of Bidder Signature of Bidder's Agent
Bid # 99-2922 "Construction of Artificial Reef'
THIS SHEET MUST BE SIGNED BY VENDOR
Board of County Commissioners Collier County, Florida
BIDDER'S CHECK LIST
I M P O R T A N T: Please read carefully, sign in the spaces indicated and return
with your bid proposal.
Bidder should check off each of the following items as the necessary action is completed:
1. The Bid has been signed;
2. The Bid prices offered have been reviewed;
3. The price extensions and totals have been checked.
4. The payment terms have been indicatedT
5. Any required drawings, descriptive literature, etc.
have been included;
6. Any delivery information required is includedT
7. If required, the amoun~ of bid bond has been checked, and
the bid bond or cashiers check has been included;
8. Any addenda have been signed and included;
~. The mailing envelope has been addressed to:
Collier CounW Governmenu Center
Purchasing Director
General Services Building
3301 East Tamiami Trail
Naples, FlOrida 34112
lo. The mailing envelope must be sealed and marked with:
· Bid Number, Bid Title, and Opening Date
11. The bid will be mailed or delivered in time to be received no later than the
specified opening date and time. (Otherwise bid cannot be considered.)
ALL COURIER DELIVERED BIDS MUST HAVE THE BID NUMBER AND TITLE ON THE OUTSIDE OF
THE COURIER PACKET.
Company Name
Signature &Title AGENOAITE~
Date: N~.~
M/..Y i 1 1998
PI-/~_~ 11
Bid # 99-2922 "Construction of A_rti~cial Reef'
CONTRACT PROPOSAL
From:
Date Due: April 14, 1999
Board of County Commissioners
Collier County Government Center
Naples, Florida 34112
RE: Bid No. 99-2922 "Construction of Artificial Reef'
Dear Commissioners:
The undersigned, as bidder, hereby declares that he has examined the specifications and
informed himself fully in regard to all conditions pertaining to construction of an artificial reef as
per the attached specifications. The Bidder further declares that the only persons, company or
parties interested in this Proposal or the Contract to be entered into as principals are named
herein; that this Proposal is made without connection with any other person, company or
companies submitting a Bid or Proposal; and it is all respects fair and in Good faith, without
collusion or fraud.
The Bidder proposes and agrees, if this Proposal is accepted, to contract with the County
furnish work in full, in complete accordance with the attached specifications, according to the
following unit prices:
Artificial reef materials as per specifications.
Price per ton $
Any discounts or terms must be shown on the Proposal Form. Such discounts, if any, will be
considered and computed in the tabulation of the bids. In no instance should terms for less
than 15 days payment be offered.
Prompt Payment Terns: % __ Days; Net 30 Days
Addenda received (if applicable): #1~ #2__ #3
Proposal continued on next page ....
MAY 11 1999
Bid # 99-2922 "Construction of Artificial Reef"
PROPOSAL CONTINUED
The service to be4umished by us is hereby declared and guaranteed to be in conforrnance with
the specifications of the County,
The undersigned do agree that should this Proposal be accepted, to execute the form of
contract and present the same to the County Purchasing Director for approval within fifteen (15)
days after being notified of the awarding of the Contract.
The undersigned do further agree that failure to execute and deliver said forms of contract
within fifteen (15) days, will result in damages to the County.
IN WITNESS WHEREOF, WE have hereunto subscribed our names on this __ day of
., 1999 in the County of . , in the State of __
Firm's Complete Legal Name
Check one of the following:
[] Sole Proprietorship
[] Corporation or P.A.
[] Limited Partnership
[] General Partnership
Phone No.
FAX No.
Address
City, State, ZIP
BY:
Typed and Written Signature
Title
AGENDA ITF. J~ I
NOTE: If you choose to bid, please submit an No,/'~'f, Y23
ORIGINAL and ONE COPY of your proposal pages.
EXECUTIVE SUMMARY
REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "VENTURA, PHASE
ONE", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE
AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY
OBJECTIVE:
To approve for recording the final plat of "Ventura, Phase One", a
subdivision of lands located in Section 35, Township 48 South, Range
25 East, Collier County, Florida, following the alternative prc=cedure
for approval of subdivision plats.
CONSIDERATION:
Engineering Review Section has completed the review of the
construction drawings, specifications, and final plat of "Ventura,
Phase One". These documents are in ..... "~ ....... "'~th the County Land
Development Code and Florida Statc .......... " fees have
been paid. Security in the amounn off ' ~.. * :>f the
required improvements, and 100% ~ining
improvements, together with a Constru,~ ~ment
for Subdivision Improvements, shall be r-- the
Planning Services Director and the County Atnoxneys office u ~or to
the recording of the final plat. This would be in conformance with
the County Land Development Code,- Division 3.2.9.
Engineering Review Section recommends that the final plat of
"Ventura, Phase One" be approved for recording.
FISCAL IMPACT: The fiscal impact to the County is as follows.
The project cost is $386,794.33 (estimated) to be
borne by the developer.
The cost breakdown is as follows:
a) Water & Sewer - $11~,458.21
b) Drainage,
Paving, Grading - $273,336.12
The Security amount, equal to 110% of the
project cost, is $425,473.76
The County will realize revenues as follows:
Fund: Community Development Fund 113
Agency: County Manager AGFJ()A~
Cost Center: 138900 - Development Servic(~ ~~
Revenue generated by this p~DjeCt:
Total: $7388.88 MAY 11 1999
Fees are based 'on a construction esti!~ate of
$386,794.33 and were paid in March, 1999. ~2. ./
Executive Summary
Ventura, Phase One
Page 2
The breakdown is as follows:
a) Plat Review Fee ($425.00 + $4./ac)- $ 473.00
b) Construction Drawing Review Fee
Water &
Sewer (.50% const. est.) - $ 576.29
Drainage,
Paving, Grading (.425% const. est.)-$1161.68
c) Construction Inspection Fee
Water &
Sewer (1.5% const. est.) - $1701.87
Drainage,
Paving, Grading (1.275% const. est.) - $3485.04
GROWTH MANAGEMENT IMPACT:
The Concurrency Waiver and Release relating to conditional
approval has been reviewed and approved by the County Attorney's
Office for the project.
RECOMMENDATION:
That the Board of County Commissioners approve the Final Plat of
"Ventura, Phase One" for recording with the following
stipulations:
1. Approve the amount of $425,473.76 as performance security
for the required improvements.
2. Approve the standard form Construction and Maintenance
Agreement, and
a. That no Certificates of Occupancy be granted until the
required improvements have received preliminary acceptance.
b. That the plat not be recorded until suitable security and
an appropriate Construction and Maintenance Agreement is
approved and accepted by the Planning Services Director and
the County Attorney's office.
MAY 11 1999
Executive Summary
Ventura, Phase One
Page 3
PREPARED BY:
John R. ~ouldsworth, Senior Engineer Date
Engineering Review
REVIEWED BY:
Thomas E. Kuck, P.E. Date
Engineering Review Manager
P~ann~ng Services Department Director
/
Commun~ Deve2oQmen~ & Env~onmen~ ~e~v~ce8
Community Dev. ~d Env~onme~ Svcs.
AGENDA I1'¥,M
N~~'
MAY 11 1999
P¢ ..____,~____
ONE
ACCORDING TO THE PLAT OF
,AT BOOK 23, PAGES 40 THROUG]
TOWNSHIP 48 SOUTH, RANGE 25
FLORIDA.
i
VICTORIA
PARK PguciN ManSH
'IT ELEMENT,4.RY
-, six
GOLF UNIT
NINE
TrfO
EIOHT
'SILT COUaSE
PINE
RIDGE
MONTEREY S~
· LOCAT]
MAY 11 1999
pg. ,z../'
EXECUTIVE SUMMARY
REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "VENTURA, PHASE
TWO", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE
AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY
OBJECTIVE:
To approve for recording the final plat of "Ventura, Phase Two" a
subdivision of lands located in Section 35, Township 48 South, Range
25 East, Collier County, Florida, following the alternative procedure
for approval of subdivision plats.
CONSIDERATION:
Engineering Review Section has completed the review of the
construction drawings, specifications, and final plat of "Ventura,
Phase Two". These documents are in compliance with the County Land
Development Code and Florida State Statute No. 177. All fees have
been paid. Security in the amount of 10% of the total cost of the
required improvements, and 100% of the cost of any remaining
~improvements, together with a Construction and Maintenance Agreement
for Subdivision Improvements, shall be provided and accepted by the
Planning Services Director and the County Attorneys office prior to
the recording of the final plat. This would be in conformance with
the County Land Development Code - Division 3.2.9.
Engineering Review Section recommends that the final plat of
"Ventura, Phase Two" be approved for recording.
FISCAL IMPACT: The fiscal impact to the County is as follows.
The project cost is $324,998.28 (estimated) to be
borne by the developer.
The cost breakdown is as follows:
a) Water & Sewer - $ 70,970.69
b) Drainage,
Paving, Grading - $254,027.59
The Security amount, equal to 110% of the
project cost, is $357,498.11
The County will realize revenues as follows:
Fund: Community Development Fund 113
Agency: County Manager
Cost Center: 138900 - Development Service-'~
Revenue generated by this pro,
Total: $6206.88
Fees are based on a construction esti~
$324,027.59and were paid in April, 1999.
Pg- /
Executive Summary
Ventura, Phase Two
Page 2
The breakdown is as follows:
a) Plat Review Fee ($425.00 + $4./ac)- $ 469.00
b) Construction Drawing Review Fee
Water &
Sewer (.50% const. est.) - $ 354.85
Drainage,
Paving, Grading (.425% const. est.)-$1079.62
c) Construction Inspection Fee
Water &
Sewer (1.5% const. est.) - $1064.56
Drainage,
Paving, Grading (1.275% const. est.) - $3238.85
GROWTH MANAGEMENT IMPACT:
The Concurrency Waiver and Release relating to conditional
approval has been reviewed and approved by the County Attorney's
Office for the project.
RECOMMENDATION:
That the Board of County Commissioners approve the Final Plat of
"Ventura, Phase Two" for recording with the following
stipulations:
1. Approve the amount of 357,498.11 as performance security
for the required improvements.
2. Approve the standard form Construction and Maintenance
Agreement, and
a. That no Certificates of Occupancy be granted until the
required improvements have received preliminary acceptance.
b. That the plat not be recorded until suitable security and
an appropriate Construction and Maintenance Agreement is
approved and accepted by the Planning Services Director and
the County Attorney's office.
"" AGENDA ITEJVI"
NO.~
!,4A¥ 11 1999
Pg. ~
Executive Summary
Ventura, Phase Two
Page 3
PREPARED BY:
~ohn R. Houidsworth, Senior Engineer Date
Engineering Review
REVIEWED BY:
Thomas E. Kuck, P.E. Date
Engineering Review Manager
Robert Mulhere, AICP Date
Planning Services Department Director
APPROVEDxBY:
Vincent A. Cautero, AICP, Administrator Date
Community Development & Environmental Services
Community Dev. and Environmental Svcs. DIVISION
j rh
MAY 11 1999
ONE
ACCORDING TO THE PLAT OF
~AT BOOK 23, PAGES 40 THROUG:
TOWNSHIP 4g SOUTH, RANGE 25
FLORIDA.
VICTORIA
PARK Psuc,~n
HT ELEM£NTA. RY
"'--__,_.__~1 UNIT TEN
~ SIX
GOLF UNIT
NINE
~o
EtG~
!BIZT cou~g
PINE
RIDGE
" MO NT E RE Y S~ AGENOA
EXECUTIVE SUMMARY
ADOPT RESOLUTION APPROVING TRANSFER OF FLORIDA CITIES
WATER COMPANY - GOLDEN GATE UTILITY SYSTEM TO THE FLORIDA
GOVERNMENTAL UTILITY AUTHORITY AS RECOMMENDED BY THE
COLLIER COUNTY WATER & WASTEWATER AUTHORITY.
OBJECTIVE: To approve the transfer of the Golden Gate water and wastewater
facilities from Florida Cities Water Company to the Florida Governmental Utility
Authority (GUA).
CONSIDERATIONS: In recent months, the GUA was formed by a series of interlocal
agreements executed by Brevard, Polk, Hillsborough, Sarasota, Lee, and Collier
Counties, enabling the GUA to purchase the AVATAR water and sewer systems located
in each such county. In Collier County, Florida Cities Water Company - Golden Gate
Division, is a subsidiary of AVATAR.
On March 9, 1999, the Board approved its Interlocal Agreement with the GUA thereby
preserving Collier County's option for possible future acquisition of the Golden Gate
System, while not assuming any obligations or becoming an active member of the GUA.
The Interlocal Agreement provides for Collier County to have administrative oversight
regarding any future water and/or sewer rate increases and requires the GUA to remit
regulatory assessment fees to Collier County.
On April 15, 1999, Florida Cities Water Company transferred ownership of its Golden
Gate water and wastewater treatment facilities to the GUA. The GUA will continue to
provide service to some 2,800 water and 2,000 sewer customers in the Golden Gate City
area.
Pursuant to Ordinance No. 96-6, as amended (Utility Regulation Ordinance), the
transfer action must be approved by the Board. The Board's action also cites
certain provisions of the Interlocal Agreement and confirms the geographic
boundaries of the utility's water and sewer service certificated areas.
The certificated service area boundaries are generally described as Green Boulevard to
the north, Golden Gate Canal to the south, Interstate 75 to the west, and County Road 951
to the east.
On April 15, 1999, Florida Cities Water Company submitted its application for transfer of
the Golden Gate utiiity system to the GUA.
AGENOA ITEM
MAY 11 1999
On April 26, 1999, at its regularly scheduled meeting, the Collier County Water &
Wastewater Authority considered the application, the record, staff report, and the
Interlocal Agreement. Although the Authority acted in its capacity as the fact finder in
this action, final approval of a transfer rests with the Board. The Authofity's resulting
order, Preliminary Order No. 99-01 and supporting documentation, attached as
"Attachment A" to the proposed Resolution, contains the legal description of the water
and sewer service areas, the application for transfer, and the Interlocal Agreement.
The Authority issued Preliminary Order No. 99-01, and therein recommending the
Board' s approval of the transfer of the Golden Gate utility system from Florida Cities
Water Company to the GUA, continning that no change in the current service area or
current rates result from the transfer.
FISCAL IMPACT: The GUA is a governmental entity, and as such, is not subject to
the payment of tangible property taxes to Collier County. In 1998, Florida Cities Water
Company paid approximately $140,000 in such property taxes.
GROV~"TH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board approve the Authority's recommendation by
adopting the accompanying Resolution and its attachments, as follows:
Preliminary Order No. 99-01, "Territory Served", Amendment to Certificate 01W,
Amendment to Certi ticate 01 S, Resolution No. 99-169 (CWS -99-1 ), the Interlocal
Agreement, and Letter dated April 15, 1999 from B. Kem~eth Gatlin to Bleu
Wallace.
SUBMITTED BY: '
D. E. "Bleu" Wallace, Director,
Utility & Franchise Regulation
APPROVED BY:
Vincent A. Cautero, AICP, Administrator,
Community Development & Environmental Services Division
AGENDA I'IT, M
No.~
MAY 11 1999
1 RESOLUTION NO. 99-
2
3 A RESOLUTION OF COLLIER COUNTY, FLORIDA, PURSUANT TO
4 SECTION 1-19, COLLIER COUNTY ORDINANCE NO. 96-6, AS AMENDED,
5 APPROVING THE TRANSFER OF THE GOLDEN GATE WATER AND
6 WASTEWATER UTILITY FACILITIES AND CONTROL OF SAID FACILITIES
7 FROM FLORIDA CITIES WATER COMPANY TO THE FLORIDA
8 GOVERNMENTAL UTILITY AUTHORITY, WITH NO CHANGE IN SERVICE
9 AREA BOUNDARIES OR SERVICE RATES, AS RECOMMENDED BY THE
10 COLLIER COUNTY WATER AND WASTEWATER AUTHORITY.
11
12
13 WHEREAS, Ordinance No. 96-6, as amended, established the Collier County
14 Water and Wastewater Authority (AUTHORITY) and specific powers and duties; and
15
16 WttEREAS, on August 13, 1996, the Board of County Commissioners
17 (BOARD) granted Florida Cities Water Company water and wastewater certificates for
18 the continued provision of water and wastewater treatment service to the Golden Gate
19 City area; and
20
21 WHEREAS, on March 9, 1999, the BOARD adopted Resolution Nos. 99-169
22 and CWS-99-1, executing an Interlocal Agreement with the Florida Governmental Utility
23 Authority (GUA), enabling the GUA to purchase the Florida Cities Water Company's
24 Golden Gate Utility System, while preserving certain County options for future
25 acquisition of said system, and providing for County to have administrative oversight
26 regarding future rate increases, wherein the GUA agreed to remit regulatory assessment
27 fees to County; and
28
29 V~;HEREAS, Ordinance No. 96-6, as amended, provides a process for utilities
30 under local jurisdiction to file an application for transfer of water and/or wastewater
31 certificate, facilities, or control; and
32
33 WHEREAS, on .April 15, 1999, Florida Cities Water Company (TRANSFEROR)
34 filed an application for transfer of its Golden Gate Utility System to the GUA
35 (TRANSFEREE); and
36
37 WHEREAS, on April 26, 1999, the AUTHORITY considered said application
38 during its regularly scheduled meeting for the purposes of receiving evidence and
39 testimony regarding the application for transfer submitted by TRANSFEROR; and
40
41 WHEREAS, the AUTHORITY established findings of fact and conclusions of
42 law pursuant to Ordinance No. 96-6, as amended, in formulating its recommendation to
43 the BOARD; and
44 AGENDA I1T_M
MAY 11 1999
1 WHEREAS, the AUTHORITY issued its Preliminary Order No. 99-01,
2 incorporated herein as Attachment "A", recommending that the BOARD approve the
3 transfer of the Golden Gate Utility System from TRANSFEROR, Florida Cities Water
4 Company to TRANSFEREE, GUA, with no change to the current water and wastewater
5 service areas or rate tariffs.
6
7 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
8 Collier County, Florida, that:
9
10 1. The AUTHORITY'S Preliminary Order No. 99-01, including the findings of
11 fact and conclusions of law, is hereby approved and adopted by the Board of County
12 Commissioners.
13
14 2. Pursuant to Section 1-19, Ordinance No. 96-6, as amended, the Golden Gate
15 Utility System is hereby transferred to the Florida Governmental Utility Authority for the
16 continued provision of water and wastewater service for the service areas cited at
17 Attachment "A".
18
19 3. This action authorizes no change in the water and wastewater rate tariff on file
20 with the Collier County Water and Wastewater Authority.
21
22 4. The "declaration of exemption" portion of the application is hereby limited to
23 the terms of the Interlocal Agreement cited by Resolution Nos. 99-169 and CWS-99-1,
24 adopted by the Board of County Commissioners on March 9, 1999.
25
26 This Resolution adopted this day of ,1999 after motion,
27 second and majority vote favoring same.
28
29 ATTEST:
30 DWIGHT E. BROCK BOARD OF COUNTY COMMISSIONERS
31 COLLIER COUNTY, FLORIDA
32
33
34 by: by:
35 Deputy Clerk PAMELA S. MAC'KIE, Chairwoman
36
37 Approved as to form
38 and legal sufficiency:
39 -----r--.
40 1
41 Thomas C. Palmer
42 Assistant County Attorney
AGENI:)A ITEM
MAY 11 1999
pg. ,/7/
ATTACHMENT "A"
~/,Y 11 1999
Pg. ~ ~
PRELIMINARY ORDER NO. 99-01
COLLIER COUNTY WATER AND WASTEWATER AUTttORITY
A PRELIMINARY ORDER OF THE COLLIER COUNTY WATER AND
WASTEWATER AUTHORITY, PURSUANT TO SECTION 1-19 OF
ORDINANCE NO. 96-6, AS AMENDED, RECOMMENDING THAT THE
BOARD OF COUNTY COMMISSIONERS APPROVE THE AUTHORITY'S
FINDINGS OF FACT AND CONCLUSIONS OF LAW, FINDING THE
TRANSFER OF FLORIDA CITIES WATER COMPANY (GOLDEN GATE)
~VATER AND WASTEWATER SYSTEM TO THE FLORIDA
GOVERN~IENTAL UTILITY AUTHORITY TO BE IN TIlE PUBLIC
INTEREST, RECOMMENDING BOARD APPROVAL OF THE TRANSFER
AND PURCHASE OF SAME, ACKNOWLEDGING THE TERMS OF THE
EXECUTED INTERI. OCAL AGREEMENT BETWEEN COLLIER COUNTY
AND FLORIDA GOVERNMENTAL UTILITY AUTHORITY, PROVIDING FOR
THE CONTINUED PROVISION OF WATER AND WASTEWATER SERVICES
IN SAID SERVICE AREA BY THE FLORIDA GOVERNMENTAL UTILITY
AUTHORITY.
V~'HEREAS, Collier County Resolution No. 96-104 excluded Collier County
from the provisions of Chapter 367, Florida Statutes, whereby Collier County assumed
certain subject matter jurisdiction over non-exempt water and wastewater utilities
providing service in unincorporated areas of Collier County and the City of Marco Island,
Florida; and
WHEREAS, Ordinance No. 96-6, as amended, established the Collier County
Water and Wastewater Authority (AUTHORITY) with its specific powers and duties; and
V~'HEREAS, on August 13, 1996, the Collier County Board of Commissioners
(BOARD) adopted Resolution Nos. 96-359 and 96-360, granting Florida Cities Water
Company-Golden Gate (UTILITY) Grandfather Certificate Nos. 01S and 01W
respectively, for the continued provision of water and wastewater service in specific
unincorporated areas of the County, more particularly described at Attachment "A",
incorporated herein; and
W'HEREAS, on March 18, 1997, the AUTHORITY adopted Final Order No. 97-
02, approving a territorial expansion of UTILITY'S water and wastewater certificated
areas in specific unincorporated areas of the County, more particularly described at
Attachments "B" and "C", respectively, incorporated herein; and
WHEREAS, on March 9, 1999, the BOARD executed an Interlocal Agreement
(AGREEMENT) with the Florida Governmental Utility Authority (GUA), attached
hereto at Attachment "D", incorporated herein, enabling GUA to purchase UTILITY'S
water and wastewater systems, while preserving certain County options for future ~,SE~,~ II~d~
acquisition of said systems, and providing for County to have administrative oversi ;ht ~../~' ~C,~])[~,
MAY l l 1999
regarding future rate increases, wherein GUA agreed to remit regulatory assessment fees
to County; and
~VHEREAS, Ordinance No. 96-6, as amended, provides a process for utilities
under the County's jurisdiction to file an application with the AUTHORITY for the
transfer of water and/or wastewater certificate, facilities, or control; and
WH[ '~EAS, on April 15, 1999, UTILITY submitted an application for transfer
of its facilities to GUA and declaration of exemption, attached hereto at "Attachment "E",
and incorporated herein; and
WHEREAS, on April 26, 1999, the AUTHORITY did consider said application
during its regularly scheduled meeting, for the purposes of receiving evidence and
testimony regarding the application submitted by UTILITY; and
WHEREAS, having considered the application and all evidence and testimony
received, the AUTHORITY has determined that the application complies with the
requirements for such application set forth pursuant to Ordinance No. 96-6, as amended;
and
WHEREAS, having considered all matters regarding the application, and that the
approval of the transfer is in the interest of the public health, safety, and welfare.
THIS PRELII~IINARY ORDER IS THEREFORE ISSUED by the
AUTHORITY, in public meeting assembled, that:
1. Pursuant to Ordinance No. 96-6, as amended, and Supplemental Rules of the
Board, the AUTHORITY hereby reconamends that subject to evidence and
argument, if any, admitted during the BOARD'S consideration, that the
BOARD adopt findings of fact and conclusions of law essentially as have
been found by the AUTHORITY, as incorporated herein, that GUA'S transfer
and purchase of the UTILITY' S certificated water and wastewater service
areas, facilities, and control of said facilities is in the public interest.
2. Based on the considerations of the AUTHORITY, the AUTHORITY
recommends that the Board limit the "declaration of exemption" portion of the
application to the terms of the AGREEMENT between the County and GUA.
3. Based on the AUTHORITY'S findings of fact and conclusions of law, the
AUTHORITY recommends that the Board approve the purchase m~d transfer
of the UTILITY' S certificated water and wastewater service areas, more
particularly described at Attachments "A", "B", and "C", incorporated herein,
the UTILITY'S facilities, and control of said facilities to GUA.
AGEr,,K)A I1T__.k
MAY ll 1999
pC. ?"
2 day of flFV'i' ~ ,1999, after
This Preliminary Order adopted this
motion, second and majority vote favoring same.
Approved as to form COLLIER COUNTY WATER AND
and legal sufficiency: WASTEWATER AUTIIORITY
Thomas C. Palmer ROBERT C. BE~I~'ETT, JR.
Assistant County Attorney Chairman
AGE. NDA ITT..M
~ /,~ f'/,:A ~,
HAY 11 1999
Pi. ~
ATTACHMENT "A"
FLORIDA CITIES WATER COMPANY
GOLDEN GATE DIVISION - WATER & WASTEWATER
TERRITORY SERVED
CITY OF GOLDEN GATE
COLLIER COUNTY, FLORIDA
ALL of Sections 21, 22, 27, and 28, Township 49 South, Range 26 East, less the
east 100 feet of said Sections 22 and 27.
ALSO the following described portions of Section 15 and 16, Township 49 South,
Range 26 East.
COMMENCE at the southeast comer of said Section 15; S 84°44'22'' W, along
the south linc of the SE 1/~ of said Section 15 for 100.42 feet to a point on the westerly
fight-of-way line of State Road No. 858 and the POINT OF BEGINNING: thence
continue S 84° 44'22" W, 2,555.94 feet to the south 1/4 comer of said Section 15; thence S
84° 32'25" W, along the south line of the SW 1/~ of said Section 15 for 2,653.76 feet to the
southeast comer of aforesaid Section 16; thence S 89° 51 '27" W, along the south line of
said Section 16 for 5,290.68 feet to the southwest comer of said Section 16; thence N
00"36'43" W, along the west line of the SW 1/4 of said Section 16 for 641.49 feet; thence
S 89° 57'11" E, 5,290.05 feet to a point of intersection with the east line of the SE 'A of
said Section 16, said point bearing N 00° 41 '07" W and a distance of 624.00 feet from the
southeast comer of said Section 16; thence east 5,194.36 feet to a point on the westerly
fight-of-way line of State Road No. 858; thence south, along said westerly fight-of-way
Iine, 137.12 feet to the POINT OF BEGINNING, all of the above lying and being m ,,,c./.~^ rt'E~ '"
Collier County, Florida. No. ,/d(~_ ~
MAY 11 1999
Pg' 7
ATTACHMENT "B"
FLORIDA CITIES WATER COMPANY
GOLDEN GATE DIVISION
Water Service Area Expansion
Certificate No. 01W amended to add the following territory:
General Description of Expansion Area: The area east of Interstate 75, South of Green
Boulevard, west of Santa Barbara Boulevard, and north of the Golden Gate Canal. The
requested area also includes properties one block north of Green Boulevard from
Interstate 75 easterly to State Road 951, excluding Tracts 123 and 124, Unit No. 26,
located at the northwest quadrant of the intersection of Green Boulevard and State Road
951. No change to the existing tariff, rates, fees and charges has been requested.
Legally described as follows: All of unit No. 30 north of Golden Gate Canal east of
Interstate 75, Golden Gate Estates, Plat Book 7, Page 58, Public Records of Collier
County, Florida:
All of Unit No. 31, Golden Gate Estates, Plat Book 7, Page 59, Public Records of Collier
County, Florida;
All of Tracts 1,2, 16, 17, 18, 19, 32, 33, 34, 35, 48, 49, 50, 51, 64, 65, 66, 67, 80, 81, 82,
83, 96, 97, 98, 99, 112, 113, 114 and 115 of Unit 33, Golden Gate Estates, Plat Book 7,
Page 60, Public Records of Collier County, Florida;
All of?l'racts 1, 2, 31,32, 33, 48, 49, 64, 65, 80, 81, 96, 97, 112, 113, and 128 of Unit 34,
Golden Gate Estates, Plat Book 7, Page 23, Public Records of Collier County, Florida;
All of Tracts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 125, 126, 127 and 128 of Unit 26, Golden Gate
Estates, Plat Book 7, Page 15, Public Records of Collier County, Florida;
Subject to Easements and restrictions of record. Containing 1,303 acres, more or less.
Authority: Final Order No. 9%02, Collier County Water and Wastewater Authority,
adopted March 18, 1997.
No.
MAY I1 1999
p..
ATTACHMENT "C"
FLORIDA CITIES WATER COMPANY
GOLDEN GATE DIVISION
~Nastewater Service Area Expansion
Certificate No. 01S amended to add the following territory:
General Description of Expansion Area: The area east of Interstate 75, south of Green
Boulevard, west of Santa Barbara Boulevard, and north of the Golden Gate Canal. The
Requested area also includes properties one block north of Green Boulevard from
Interstate 75 easterly to State Road 951. No change to existing tariff, rates, fees and
charges has bccn requested,
Legally described as follows: All of Unit No. 30 north of Golden Gate Canal east of
Interstate 75, Golden Gate Estates, Plat Book 7, Page 58, Public Records of Collier
County, Florida;
All of Unit No. 31, Golden Gate Estates, Plat Book 7, Page 59, Public Records of Collier
County, Florida;
All of Tracts 1, 2, 16, 17, 18, 19, 32, 33, 34, 35, 48, 49, 50, 51, 64, 65, 66, 67, 80, 81, 82,
83, 96, 97, 98, 99, 112, 113, 114 and 115 of Unit No. 33, Golden Gate Estates, Plat Book
7, Page 60, Public Records of Collier County, Florida;
All of Tracts 1, 2, 31, 32, 33, 48, 49, 64, 65, 80, 81, 96, 97, 112, 113 and 128 ofUnit No.
34, Golden Gate Estates, Plat Book 7, Page 23, Public Records of Collier County,
Florida;
All of Tracts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 123,124, 125,126, 127 and 128 ofUnit No. 26,
Golden Gate Estates, Plat Book 7, Page 15, Public Records of Collier County, Florida;
Subject to easements and restrictions of record. Containing 1,303 acres, more or less.
Authority: Final Order No. 97-02, Collier County Water and Wastewater Authority,
adopted March 18, 1997.
AGENOA
/ZKnb&
MAY 11 1999
' ATTACHMENT "D" ' 8 ' ~ 3
~-, RESOLUTION NO. 99-169
RESOLUTION NO. CWS-99-1
A RESOLUTION OF THE COLLIER COUNTY WATER-
SEWER DISTRICT IN CONNECTION WITH THE
ACQUISITION BY THE FLORIDA GOVERNMENTAL
UTILITY AUTHORITY OF THE GOLDEN GATE UTILITY
SYSTEM FROM AVATAR HOLDINGS, INC., ITS
SUBSIDIARIES AND AFFILIATE ENTITIES; TAKING '
CERTAIN ACTIONS IN CONNECTION THEREWITH
WHICH ARE NECESSARY TO PRESERVE THE
DISTRICT'S OPTION, BUT NO OBLIGATION TO
ACQUIRE THE GOLDEN GATE UTILITY SYSTEM OR
TO ASSUME, AT ANY POINT IN THE FUTURE,
INDEBTEDNESS OF THE AUTHORITY RELATED TO
SUCH ACQUISITION ON PARITY AND EQUAL STATUS
WITH THE DISTRICT'S SENIOR LIEN WATER AND
SEVerER REVENUE BONDS; APPROVING AN
INTERLOCAL AGREEMENT WITH THE FLORIDA
GOVERNMENTAL UTILITY AUTHORITY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Florida Local Government Utility Authority, a legal entity and public
body organized and existing under the laws of the State of Florida (the "Authority"), was
established pursuant to an Interlocal Agreement dated as of February 1, 1999, among Brevard
County, Florida, Lee County, Florida, Polk County, Florida and Sarasota County, Florida for the
purpose of acquiring, owning, improving, operating and maintaining water and wastewater utility
facilities; and
WHEREAS, the Authority has entered into an agreement to purchase certain water and
wastewater facilities, more commonly known as the Golden Gate Utility System (the "Golden
Gate Utility System"), owned or controlled by Avatar Holdings, Inc. and its subsidiaries
("Avatar"); and
VVHEREAS, the Board of County Commissioners of Collier County, Florida (the
"County"), on behalf of itself and as governing body of the Collier County Water-Sewer District
(the "District"), desires to enter into an interlocal agreement (the "Interlocal Agreement") with
the Authority relating to the acquisition of the Golden Gate Utility System;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ACTING ON BEHALF OF
ITSELF AND AS THE EX~OFFICIO GOVERNING BOARD OF THE COLLIER
COUNTY WATER-SEWER DISTRICT, as follows: Ac.~.~A rr~r.~'
SECTION 1. FINDINGS. It is hereby found and determined that:
MAY 11 1999
8-B3
(A) The Authority has informed the District that it intends to issue its Utility Revenue
Bonds (Golden Gate Utility System), Series 1999 (the "Bonds") for the primary purpose of
acquiring the Golden Gate Utility System from Avatar.
(B) At the present time, neither the District nor the County is a member of the
Authority.
(C) It is anticipated that the Authority will be able to issue the Bonds at low interest
rates. '
(D) The Authority has offered to structure the Bonds with an option which will
provide the District with the right, but no obligation, to acquire the Golden Gate Utility System
through the assumption, at any point in the future, of the Bonds upon the satisfaction of certain
conditions set forth in an Indenture of Trust related to such Bonds (the "Indenture"), at which
point in time the Bonds would become indebtedness of the District on parity and equal status
with the District's then outstanding senior lien Water and Sewer Revenue Bonds, and the Golden
Gate Utility System would then merge into the District's Water and Sewer System.
(E) Preservation of such assumption right is deemed to be in the best interests of the
District and the citizens of the County. Without such assumption right, were the District to
desire to acquire the Golden Gate Utility System in the future, the District would have to defease
the Bonds through the potential issuance of indebtedness in a potentially higher interest rate
environment.
(F) In order to preserve such assumption right, it is necessary that the District take
certain actions in connection with the issuance of the Bonds.
(G) The District deems it necessary to enter into the Interlocal Agreement with the
Authority relating to the acquisition of the Golden Gate Utility System.
SECTION 2. PRELIMINARY OFFICIAL STATEMENT. The preparation and
distribution of a Preliminary Official Statement relating to the Bonds and the assumption right of
the District is hereby approved and authorized, as is the use thereofby the underwriter or
underwriters in connection with the sale of the Bonds (the "Underwriters"). The distribution of
the final Official Statement relating to the Bonds is hereby authorized. The Chairman of the
Board of County Commissioners of the County or the District is hereby authorized to execute
and deliver a certificate of the County or the District which deems the information related to the
County and the District in the Preliminary Official Statement "final" within the contemplation of
Rule 15c2-12 of the Securities and Exchange Commission (the "Rule").
SECTION 3. CONTINUING DISCLOSURE. The District hereby covenants and
agrees that, in order to assist the Underwriters in complying with the continuing disclosure
requirements of the Rule with respect to the Bonds, it will comply with and carry o t all of the
provisions of a continuing disclosure certificate to be executed by the District prior o the'~l~
the Authority delivers the Bonds to the Underwriters, as it may be amended from tilae tS~h~)
accordance with the terms thereof (the "Continuing Disclosure Certificate"). The C ~air~ if
2
8--B3
hereby authorized to execute and deliver such Continuing Disclosure Certificate in substantially
the form provided in regard to the Distfict's Water and Sewer Refunding Revenue Bonds, Series
1999A.
SECTION 4. APPROVAL OF INTERLOCAL AGREEMENT. The form, terms and
provisions of the Interlocal Agreement, submitted at this meeting and attached hereto as Exhibit
A, be and the same is hereby approved. The Chairman of the Board of County Commissioners
(the "Board") and the Clerk of the Board are hereby authorized and directed to execute and
deliver said Interlocal Agreement in the name and on behalf of the District, with such changes,
amendments, modifications, omissions and additions as approved by the Board. Execution by '
said Chairman shall be deemed to be conclusive evidence of approval of such cha~.ges,
amendments, modifications, omissions and additions.
SECTION 5. GENERAL AUTHORITY. The members of the Board of County
Commissioners and the District's and the County's officers, attorneys and other agents and
employees are hereby authorized to perform all acts and things required of them or desirable or
consistent with the requirements hereof for the full, punctual and complete performance of all of
the terms, covenants and agreements contained in this Resolution.
SECTION 6. EFFECTIVE DATE. This Resolution shall become effective
immediately upon its adoption.
DULY ADOPTED in Regular Session this ~ day of March, 1999.
COLLIER COUNTY WATER-SEWER
DISTRICT
:.-..' .!.. _
By:
rwoman
er" i: -
~ttest Is to Clalnl~'S County, Florida, ~d ~ t~'Ex-Of~cio ':.' '
~ t ~ature ~13 · Chai~om~ of the Gove~ng Bo~d o~ ~e
Collier Co~ Water-Sewd~:Dis~ct
.,,.. ,,,:
~6=a of co~ co~i~b.~rs
~¢ to me .G6ve~fig BO~d of the
~ 'ColI[~r ~~'~ter-Sewer Dis~ct
..... ' ':';: ' A~A
~PRO~D AS TO FO~ ~.~
County A[torney "
EXHIBIT A
INTERLOCAL AGREEMENT RELATING TO
THE ACQUISITION OF
THE GOLDEN GATE UTILITY SYSTEM
Between '
FLORIDA GOVERNMENTAL UTILITY AUTHORITY
and
COLLIER COUNTY WATER-SEWER DISTRICT
THIS INTERLOCAL AGREEMENT, dated as of March 1, 1999 (the "Interlocal
Agreement"), by and between the FLORIDA GOVERNMENTAL UTILITY AUTHORITY,
a legal entity and public body organized and existing under the laws of the State of Florida (the
"Authority") and the COLLIER COUNTY WATER-SEWER DISTRICT (the "District"),
each constituting a "public agency" under Part I of Chapter 163, Florida Statutes (the "Interlocal
Act").
WITNESSETH:
WHEREAS, the Authority was established pursuant to an Interlocal Agreement, dated as
of February 1, 1999 (the "Interlocal Agreement"), initially among Brevard County, Florida; Lee
County, Florida; Polk County, Florida; and Sarasota County, Florida for the purpose of
acquiring, owning, improving, operating and maintaining water and wastewater utility facilities;
and
WHEREAS, pursuant to the Interlocal Act, the Authority has entered inl ~ an ~
1 MAY 11 1999
Pg. _/,~'
gB3
to purchase certain water and wastewater utility facilities owned/or controlled by Avatar
Holdings, Inc. and its subsidiaries ("Avatar") and such utility facilities include a water and
wastewater utility system located in Collier County, Florida (the "County") more commonly
known as the "Golden Gate" .utility system ( the "Golden Gate Utility System"); and
WHEREAS, the Authority will issue a series of obligations known as the "Florida '
Governmental Utility Authority Utility Revenue Bonds (Golden Gate Utility System), Series
1999 (the "Bonds") for the principal purpose of acquiring the Golden Gate Utility System
pursuant to an Indenture of Trust, dated as of March 1, 1999 (the "Indenture"), by and between
the Authority and SunTrust, Central Florida, National Bank, a national banking association; and
WHEREAS, the District has determined that it does not wish to become a member of the
~" Authority but would like to preserve certain options and abilities concerning the Golden Gate
Utility System pursuant to the terms and provisions hereinafter set forth;
NOW, THEREFORE, in consideration of the foregoing and the covenants contained
herein, it is mutually agreed by and between the Dislrict and the Authority as follows:
SECTION 1. ACQUISITION OF GOLDEN GATE UTILITY SYSTEM BY THE
DISTRICT.
(A) The Authority hereby grants the District the right to acquire all, and not less than
all, of the assets, liabilities, obligations, and responsibilities relating to the Golden Gate Utility
System for so long as the Golden Gate Utility System is owned or controlled by the Authority.
The terms and provisions of such acquisition shall be established pursuant to a utility acquisition
agreement between the Authority and the District, subject to the terms and conditio~ of the
AGENDA 17D/I
Interlocal Agreement and the Indenture. Notwithstanding the foregoing and unlS~--o~~
p,g. /_/
3
agreed to by the Authority and the District, the purchase price for the Golden Gate Utility System
shall be the mount required to repay the Bonds and any additional obligations of the Authority
related with the Golden Gate Utility System. The District further agrees to negotiate with the
Authority for the payment of a pro-rata share of any reasonable, verified Authority expenses at
the time of acquisition by the District. The District shall also pay all verifiable expenses
associated with the transfer of the Colden Cote Utility System by the Authority to the District.
(B ) The Authority hereby also grants the District the right to assume the Authority 's
obligations under the Bonds and the Indenture, all pursuant to the terms and conditions set forth
in Article VH of the Indenture. Any such assumption by the District shall take place
simultaneously with the transfer of the Colden Gate Utility System ~:om the Authority to the
District.
SECTION 2. OVERSIGHT OF RATES, FEES AND CHARGES BY THE
COUNTY. The Authority hereby agrees' with the District that the County, or the County's
designee, shall have the power to review and/or approve rates, fees and charges relating to the
Golden Gate Utility System in accordance with and to the extent allowed under Section 4.04 of
the Interlocal Agreement. The County shall not have the power to approve any such rates, fees
and charges in the event such rates, fees and charges have been established by the Authority in
order to comply with covenants contained in the Indenture. The County shall apply its
ordinances and rules and regulations which pertain to water and wastewater francMse utilities in
determining rates, fees and charges for the Golden Gate Utility System; however, the County and
Authority acknowledge that certain rate-making principles are different for public entities such as
'Ac, o^
the Authority than for private entities. The County and the Authority shall ente intnoa s~eparate
· 3 MAY I 1 1999
p..
interlocal agreement with respect to the process to be followed in the review and approval of
rates, fees and charges of the Golden Gate Utility System. Collier County Water Wastewater
Authority shall retain jurisdiction over customer complaints and other related matters so that the
County shall retain its regul~ory assessment fees.
SECTION 3. AMENDMENTS. This Interlocal Agreement may be amended in '
writing at any time by an interlocal agreement between the Authority and the District.
SECTION 4. GENERAL PROVISIONS.
(A) Except as specifically set forth herein, nothing herein shall be deemed to authorize
the delegation of any of the constitutional and statutory duties of the State of Florida, the
Authority, the County, the District or any officers thereof.
(B) A copy of this Interlocal Agreement shall be filed in accordance with the
provisions of the Interlocal Act.
(C) Neither the County nor the District shall in any manner be obligated to pay any
debts, obligations or liabilities arising as a result of any actions of the Authority, any Director, or
any other agents, employees, officers, or officials of the Authority, except to the extent otherwise
mutually agreed upon, and neither the Authority, the Directors, nor any other agents, employees,
officers or officials of the Authority have any authority or power to otherwise obligate the
County or the District in any manner.
(D) In the event any provision of this Interlocal Agreement shall, for any reason, be
determined invalid, illegal or unenforceable in any respect by a court of competent jurisdiction,
the other provisions of this Interlocal Agreement shall remain in full force and effect.
4 MAY 11 1999
pg._//if)
(E) This Interlocal Agreement shall be construed and governed by the laws of the
State of Florida.
(F) This Interlocal Agreement shall be contingent upon delivery of the Bonds by the
Authority.
SECTION 5. EFFECTIVE DATE. This Interlocal Agreement shall become effective '
on the latter of (a) the dated date hereof or Co) the last date the last of the parties hereto executes
this Interlocal Agreement and the filing requirements of Section 4(B) hereof are satisfied.
IN WITNESS WttEREOF, this Interlocal Agreement has been executed by and on
behalf of the Authority and the District by their authorized officers or oftieials.
,, "",;L~ :~f' ';; Clerk,'Board of!C.ounty Commissioners of Collier County, Florida, and as ~lte E,x~6mei~").I .
:"'~:;of Collier COunt, Florida, and as EX- Chairwoman of the Governing Boar;f~r~,;,;i;';,',,~ ...."
Officio Clerk!Te Govenun Board of Collier County Water-Sewer District
itt~.'~01i~*' . FLORIDA GOVERNMENTAL UTILITY
· ', ,-, ' AUTHORITY
Approved as to Form and
Legal Sufficiency: By:
Chairman
ATTEST:
Secretary-Treasurer
-End-
5 N~Y 11 1999
ATTACHMENT "E"
I~UDEN
215 SOUTH MONROE STREET
J"VJ 1::3 [3 Lr'l -q KY SUITE 815
TALLAHASSEE, FLORIDA 32301
SMITH
TELEPHONE: (850) 681-9027
S CH U STER 8< F,~X: (850)224-2032
RUSSELL,
l'-lllllle!~i~l=ll'l~l;!llll!~lv~i I--MAIL: BKG@RUDEN.COM
April 15, 1999
Mr. Bleu Wallace Via ltand Delivery
Collier County Water and Wastewater
Authority
Collier Business Plaza, Suite 210
3050 North Horseshoe Drive
Naples, FL 34104
Re: Application for transfer of water and wastewater facilities of Florida Cities
Water Company to Governmental Utility Authority, and declaration of
exemption.
Dear Mr. Wallace:
This letter serves as notice that Florida Cities Water Company (FCWC) will transfer its
facilities to the Florida Governmental Utility Authority (GUA). Specifically:
1. FCWC operates a water and wastewater utility in Collier County pursuant to a
franchise agreement with Collier County, dated 8/13/96, Resolutions 96-359 and 96-360, Certificates
01S and 01W.
2. The Florida Governmental Utility Authority, a legal entity and public body created
by interlocal agreement by participating counties pursuant to § 163.01 (7)(g), Fla. Stat., is exempt
from regulation by Collier County pursuant to the Collier County Cod6 Sec. 134-352.
3. Pursuant to the Collier County Code Sec. 134-369, Subsection (f), Application for
Transfer of Frm~chise Certificate, Facilities or Control, a transfer to a governmental agency shall be
in the san~e manner as provided in Sec. 134-354, except that the transfer shall, absent compelling
..... z 2"2inst be approved as a matter of right. Pursuant to Collier County Code Sec. 134-354,
" AGENDA ITEM
MAY 11 1999
, G;,.I L,','_'n=FE_ .E · MIAMI · NAPLES · ST. PFTERSBURG · SARASOTA · IALLAHASSE[ · TAMPA · WES PALM BEACH
Mr. Bleu Wallace
Page 2
Subsection (7)(c)(8), any Govenm~ental Agency may obtain a Declaration of its claimed exemption
by letter request to the Authority.
4. All of FCWC's assets will be transferred to GUA. The transfer of the water and
wastewater facilities will occur on this date. GUA has obtained from FCWC the most recent
available income and expense statement, balance sheet, and statement of rate base for regulatory
purposes, plus contributions-in-aid-of-construction and other contributed assets, as required by
Collier County Code Sec. 134-69, Subsection (f).
5. A r%,mlatory fee will be paid by FCWC to the Authority through the date of the
transtizr, pursuant to the provisions of Collier County Code Sec. 134-362.
Please contact this office should you have any questions.
Sincerely,
B. Kenneth Gatlin
BKG/!dv
EXECUTIVE SUMMARY
BUDGET AMENDMENT FOR THE SHELLABARGER PARK
INFRASTRUCTURE IMPROVEMENT PROJECT.
OBJECTIVE: To have the Board of County Commissioners approve a budget
amendment for the 1996 CDBG Shellabarger Park Infrastructure Improvement project.
CONSIDERATIONS: The DCA had originally given their approval to use CDBG funds
for the Butlard Subdivision's engineering expenses, After their last site visit it was found
that Collier County did not have a sub-recipient agreement with Habitat for Humanity the
developer. The DCA now states that the engineering expenses for Bullard subdivision .
are no longer eligible. The DCA will allow Collier County to divert the $30,277 spent in
engineering services onto other eligible activities. To accomplish this, HUI requests to
move funds from the non-project sidewalk expense and reserves, to the Roads & Bridges
line item and the Sewer Facilities line item.
FISCAL IMPACT: This amendment will transfer $5,277 from the Reserve
Contingency and $25,000 from Sidewalks object codes in the Housing & Urban
Improvements Grants Fund, into the Road and Bridges and Sewer Facilities object codes
of the same fund.
GROWTH MANAGEMENT IMPACT: This is not a growth management issue
because the road being paved with these funds (El Paso Trail) is an existing dirt road.
Transferred funds into the Shellabarger Park, "Road & Bridges" and "Sewer Facilities"
line items will help make infrastructure improvements to this road.
RECOMMENDATION: That the Board of County Commissioners approve the
transfer of the requested funds from the designated line items to the objects codes
.,Ma ~
Housing and Urban Improvement
Oreg 'a' irector
autero AICP, Administrator
Community Development & Environmental Services
MAY 11 '!999
EXECUTIVE SUMMARY
REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "L'ERMITAGE II AT
GREY OAKS", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND
MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE
SECURITY
OBJECTIVE:
To approve for recording the final plat of "L'ermitage II at Grey
Oaks", a subdivision of lands located in Section 24, Township 49
South, Range 25 East, Collier County, Florida, following the
alternative procedure for approval of subdivision plats.
CONSIDERATION:
Engineering Review Section has completed the review of the
construction drawings, specifications, and final plat of "L'ermitage
II at Grey Oaks" These documents are in compliance with the County
Land Development Code and Florida State Statute No. 177. All fees
have been paid. Security in the amount of 10% of the total cost of
the required improvements, and 100% of the cost of any remaining
improvements, together with a Construction and Maintenance Agreement
for Subdivision Improvements, shall be provided and accepted by the
Planning Services Director and the County Attorneys office prior to
the recording of the final plat. This would be in conformance with
the County Land Development Code - Division 3.2.9.
Engineering Review Section recommends that the final plat of
"L'ermitage II at Grey Oaks" be approved for recording.
FISCAL IMPACT: The fiscal impact to the County is as follows.
The project cost is $48,306.35 (estimated) to be
borne by the developer.
The cost breakdown is as follows:
a) Water & Sewer - $18,824.00
b) Drainage,
Paving, Grading - $29482.35
The Security amount, equal to 110% of the
project cost, is $53,136.99
The County will realize revenues as follows:
Fund: Community Development Fund 113
Agency: County Manager
AGE~,r,t, ,,IT45,~
Cost Center: 138900 - Development Services n0.
Total: $1307.11 MAY 11 7999
Fees are based on a construction estima' .e of
$48,306.35 and were paid in April, 1999.
Pg. /
Executive Summary
L'ermitage II at Grey Oaks
Page 2
The breakdown is as follows:
a Plat Review Fee ($425.00 + $4./ac) - $429.40
b Construction Drawing Review Fee
Water &
Sewer (.50% const. est.) - $ 94.12
Drainage,
Paving, Grading (.425% const. est.)- $125.30
c Construction Inspection Fee
Water &
Sewer (1.5% const. est.) - $282.37
Drainage,
Paving, Grading (1.275% const. est.) - $375.92
GROWTH MANAGEMENT IMPACT:
The Concurrency Waiver and Release relating to conditional
approval has been reviewed and approved by the County Attorney's
Office for the project.
RECOMMENDATION:
That the Board of County Commissioners approve the Final Plat of
"L'ermitage II at Grey Oaks" for recording with the following
stipulations:
1. Approve the amount of $53,136.99 as performance security
for the required improvements.
2. Approve the standard form Construction and Maintenance
Agreement, and
a. That no Certificates of Occupancy be granted until the
required improvements have received preliminary acceptance.
b. That the plat not be recorded until suitable security and
an appropriate Construction and Maintenance Agreement is
approved and accepted by the Planning Services Director and
the County Attorney's office.
AGENqA~Tr~M
N0,
MAY 11 1999
pg_
Executive Summary
L'ermitage II at Grey Oaks
Page 3
PREPARED BY:
John R. Houldsworth, Senior Engineer Date
Engineering Review
REVIEWED BY:
Thomas E. Kuck, P.E. Date
Engineering Review Manager
R'obert Mulhere, AICP Date
Planning Services Department Director
APPROVED ~SY: .......
Vincent A. Ca~ltero, AICP, AdminiStrator Date
Community Development & Environmental Services
Community Dev. and Environmental Svcs. DIVISION
j rh
AGENP'
No.__ _
/&
MAY 11 1999
AGENn~, ITr, td
NO
MAY 1 i 1999
·
EXECUTIVE SUMMARY
APPROVE CHANGE ORDER RELATED TO THE NORTH COUNTY REGIONAL
WATER TREATMENT PLANT 8-MGD EXPANSION, BID 97-2690R, PROJECT
70859/70828
OBJECTIVE: That the Board of County Commissioners, as Ex-Officio the Goveming
Board of the Collier County Water-Sewer District, approve Change Order to the construction
contract with Milmir Construction, Inc., for several improvements and reconciliation of
quantities on items that have completed construction, for the referenced project as allowed by
the contract.
CONSIDERATION: This Change Order will incorporate the following improvements and
reconciled items per the construction contract:
· Install a new well in a relocated position to enhance the probability of achieving a higher
water production yield to meet peak water demands (add $256,038.00) and add a 90-day
extension to final completion associated only with this new well. The plant expansion
remains unaffected by this time extension.
· Install six roof openings and four roof-mounted exhaust fans in the existing high service
pump room to facilitate future ease of maintenance of equipment and to reduce the high
heat now experienced in that room, which could shorten equipment life (add $58,572.00).
· Reconcile actual quantities versus bid quantities (net add of $124,318.00).
· Apply remaining portion of the contract allowance for unforeseen conditions to the above
reconciliation items (deduct $85,490.85).
Each item is more fully explained and detailed with back-up information in the attached
Change Order.
A summary of change orders to-date on this project is provided as follows:
Days to Days to
Substantial Final
Amount Completion Completion
Original Contract $13,684,984.90 410 502
Sum of previous changes $355,418.95 27 27
Proposed Change Order $353,437.15 0 90
Revised Contract $14,393,841.00 437 619
(03/28/99) (09/26/99)
FISCAL IMPACT: Funding for this work in the amount of $353,437.15, is available from
Water Impact fees. ' AGENDA ITEM
HAY 11 1999
Pg., I
Executive Summary
Approve Change Order To NCRWTP Expansion
Page 2
GROWTH MANAGEMENT IMPACT: The water treatment plant expansion is consistent
with Capital Improvement Element (CIE) 859 and 865, and also with the Water Master Plan
adopted by the Board on October 22, 1996.
RECOMMENDATIONS: That the Board of County Commissioners, as Ex-Of~cio the
Governing Board of the Collier County Water-Sewer District, approve and authorize the
Public Works Engineering Department Director to execute Change Order to the NCRWTP 8-
mgd Expansion, Bid 97-2690R, Project 70859/70828.
Peter Schalt, PMP, Project Manager
li~!q:} Pub 'c Works Engineering Department
REVIEWED by, P.E., Director ~/ Date:
Public Works Engineering Department
b11Vfat~aulch, Water Director
' lic Wor 'vision
APPROVED , _ _Date:
Ed Ilschner, Administrator
Public Works Division
PS
attachment: Copy of Proposed Change Order
HAY 11 1999
Camp Dresser & McKee Inc.
consulting 1342 Colonial Boulevard, Suite F44
engineering Fort Myers, Florida 33907
construction Tel: 941 275-8575 Fax: 941 275-8141
o, ,,ons '99 FiEiR 25 2
March 23, 1999
~. Peter Schalt, P~
Collier County
Public Works Engineering Depa~ment
3301 Tga~ Trail East, Building D
Naples, FL 34112
Re: NCRWTP - 8mgd Expansion
County Bid No. 97-2690R
CDM Project No. 6295-21728
CDM Doc ~ 1033
Proposed Change Order No. 15
Dear ~. Schalt:
Enclosed please find one (1) original signature copy of proposed Change Order No. 15
for the NCRWTP 8-MGD Expansion project. The Change Order has been executed by
M&E and Milmir Construction.
Please review the Change Order and let me ~ow if you find any discrepancies. If you agree
with the Change Order, please process and have the appropriate County staff execute the one
(1) original signature copy. Upon execution oftNs Change Order, please make distribution
accordingly (i.e., M&E, CDM and ~l~r, one copy to each) or return three (3) copies to me
~d I will distribute.
Should you have any questions, please do not hesitate to call me.
Ve~ truly yours,
C~ DESSER Mc~E ~C. ~
Adam Sobolewski, P.E.
~S/jmp
Enclosures
xc: Nick Cooper, M&E
Richard Moore, CDM
File: G-101, G-101.1, C-500.1/FTM ~ N ~
G-101.1, C-500.1/Field 0-~
i:'L.~ollier~coH99s.12 PG. ~
CHANGE ORDER
TO: Milmir Construction, Inc FROM: Collier County Government
P.O. Box 9400-A 3301 East Tamiami Trail, Building D
1617 Rowe Avenue Naples, Florida 34112
Jacksonville, Florida 32208
Project Name: NCRWTP - 8MGD Expansion
Construction Agreement Dated: 12/16/97 Bid No.: 97-2690R
Change Order No.: 15 Date:
Change Order Description: (Attach justification and supporting documentation for this change.)
See Attachment "A" - Description of changes and justification
See Attachment "B" - Summary of Supportive Documentation
See copies of Supportive Documentation attached.
Original agreement amount ..................................... $13,684,984.90
Sum of previous change orders amount ........................... $ 355,418.95
This Change Order Amount [add] .............................. $ 353,437.15
Revised Agreement Amount .................................... $14,393,841.00
Substantial Final
Original contract time in calendar days ...................... 410 502
Adjusted number of calendar days due to previous change orders 437 529
This change order adjusted time is ......................... 0 days 90 days
Revised Contract Time in calendar days ..................... 437 619
Original Notice to Proceed date ............................ 01/16/98
· Completion date based on original contract time .............. 03/01/99 06:"01/99
Revised completion date ................................. 03/28/99 09/26/99
Your acceptance 9fthis change order shall constitute a modification to our Ageement and ~vill be performed
subject to all the same terms and conditions as contained in our Agreement indicated above, as full>' as if the
same were repeated in this acceptance. The adjustment, if any, to this 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,
..)/" Nick Cooper, P.E.
Met If ' Ed ' nc. ,7
Milmir Construction, Inc.
Peter Schalt, PMP, Project Manager
Collier County PWED
Reviewed by: Date:
Jeff Bibby, P.E., PWliD Director
Col ier County PWED
Approved by: ~l Date:
IS~fUl atlausch, Water Director
Public Works Division
Approved by: Date:
Ed Ilschner, Public Works Administrator
Public Works Division
{For Use by Owner: Fund: Cost Center: Object Code: Project No.:
G:'d:orms'.Change Order Master.doc Revised 01/29/98 MAY
Conier~co~s.v Pa~e 1 of 9 PG-
COLLIER COUNTY
NCRWTP 8-MGD EXPANSION
County Bid No. 97-2690R
CDM Project No. 6295-21728
CHANGE ORDER NO. 15
ALLOCATION TO FUNDING SOURCES
Change Cost/(Credit) Fund # 70828 Fund # 70859
Order Amount Wellfield NCRWTP Expansion
Item #
1 $256,038.00 $256,038.00 $0.00
2 $0.00 $0.00 $0.00
3 $58,572.00 $0.00 $58,572.00
4- $930.00 $930.00 $0.00
5 ($1,800.00) ($1,800.00) $0.00
6 $10,784.00 $10,784.00 $0.00
7 $6,897.00 $6,897.00 $0.00
8 : $15,565.00 $15,565.00 $0.00
9 - ($6,688.00) ($6,688.00) $0.00
10 $24,596.00 $24,596.00 $0.00
11 $3,800.00 $3,800.00 $0.00
12 ($520.00) ($520.00) $0.00
13 ($6,000.00) ($6,000.00) S0.00
14 ($7,000.00) ($7,000.00) $0.00
15 ($16,054.00) ($16,054.00) $0.00
16 ($ 810.00) ($ 810.00) $0.00
17 $20,610.00 $20,610. O0 $0.00
18 $77,008.00 $77,008.00 $0.00
19 $3,000.00 $3,000.00 $0.00
20 $20,000.00 $20,000.00 $0.00
21 ($20,000.00) ($20,000.00) $0.00
22 ($85,490.85) ($62,572.00) ($22.918.85)
MAY I 11999
Collier\co199s.7 Page 2 of 9
COLLIER COUNTY
---- NCRWTP 8-MGD EXPANSION
County Bid No. 97-2690R
CDM Project No. 6295-21728
CHANGE ORDER NO. 15
ATTACHMENT "A"
DESCRIPTION OF CHANGES AND 3USTIFICATION
Item No. Description of Change Cost (Credit)
I Furnish all labor. materials and equipment required to install $256,038.00
well #3, the associated well vault, electrical, mechanical, raw
water main, site work and all incidental work.
2 Time extension of 90 calendar days to the Final Completion $0.00
milestone date for the Contract.
3 Furnish all labor, materials and equipment to install six (6) $58,572.00
roof openings in the High Service Pump Room roof, four (4)
roof mounted exhaust fans and two air transfer fans in the
High Service Pump Room west wall, including all necessary'
electrical, mechanical and incidental work.
4 Increase the estimated bid quantity for Bid Item 3.1 by 30 l.f., $930.00
to reflect the actual final installed quantity.
5 Decrease the estimated bid quantity for Bid Item 3.2 by 30 l.f (S1,800.00)
to reflect the actual final installed quantity.
6 Increase the estimated bid quantity for Bid Item 3.3 by 674 I.f. $10,784.00
to reflect the actual final installed quantity.
7 Increase the estimated bid quantity for Bid Item 3.4 by 363 1.f. $6,897.00
to reflect the actual final installed quantity.
8 Increase the estimated bid quantity for Bid Item 3.5 by 283 lf. $15,565.00
to reflect the actual final installed quantity.
9 Decrease the estimated bid quantity for Bid Item 3.7 by 176 ($6,688.00)
bags to reflect the actual final installed quantity.
10 Increase the estimated bid quantity for Bid Item 3.8 by 946 l.f. $24,596.00
to reflect the actual final installed quantity.
11 Increase the estimated bid quantity for Bid Item 3.9 by 47.5 $3,800.00
hours to reflect the actual final number of hours of air
development.
12 Decrease the estimated bid quantity for Bid Item 3.11 by one ($520.00)
(1) well to reflect the actual final quantity of wells disinfected. n0. AG~2"OA ~'~E,~_ I')
t.IAY I 11999
Colliercotggs.? Page 3 of 9 PG. ~:) -
Item No. Description of Change (continued) Cost (Credit)
13 Decrease the estimated bid quantity for Bid Item 3.12 by 100 ($6,000.00)
hours to reflect the actual final quantity of additional
engineering time for data collection.
14 Decrease the estimated bid quantity for Bid Item 3.13 by 100 ($7,000.00)
hours to reflect the actual final quantity of'additional work
ordered by the engineer.
15 Decrease the estimated quantity for Change Order No. 10, ($16,054.00)
Item 4 by 698 bags to reflect the actual final installed quantity.
16 Decrease the estimated bid quantity for Bid Item 2.3 by 9 l.f. ($810.00)
to reflect the actual final installed quantity.
17 Increase the estimated bid quantity for Bicl Item 2.5 by 229 l.f. $20,610.00
to reflect the actual final installed quantity.
18 Increase the estimated bid quantity for Bid Item 2.7 by 15 $77,008.00
valves to reflect the actual final installed quantity at the
negotiated new unit price of $5,296.00 per valve.
19 Increase the estimated bid quantity for Bid Item 2.8 by one (1) $3,000.00
ARV to reflect the actual final installed quantity.
20 Increase the estimated bid quantity for Bid Item 2.10 by one $20,000.00
( 1 ) pig launcher to reflect the actual final installed quantity.
21 Decrease the estimated bid quantity for Bid Item 2.11 by one ($20,000.00)
( 1 ) pig receiver to reflect the actual final installed quantity.
22 Use the remaining portion of the Contract Allowance (Bid ($85,490.85)
Item 4.2) to offset additional costs for the additional work
described in the following Change Order Items in tills Change
Order:
· Item No. 3 $22,918.85
· Item No. 4 $930.00
· Item No. 6 $10,784.00 ·
· Item No. 7 $6,897.00
· Item No. 8 $15,565.00
· Item No. 10 $24,596.00
· Item No. I I $3,800.00
TOTAL $85,490.85
Total $353,437.15
Collier"co199s.7 Page 4 of 9
MAY 1 11999
COLLIER COUNTY
NCRWTP 8-rqGD EXPANSION
County Bid No. 97-2690R
CDM Project No. 6295-21728
CHANGE ORDER NO. 15
ATTACHMENT "A"
DESCRIPTION OF CHANGES AND 3USTIFICATION
(continued)
Item No. Justification for Change
I Installation of future well #3 was originall.,,' designed to be installed
approximately 150' west of Massey Street at some future date. The County
decided to install future well #3 and the associated well vault, electrical and
mechanical work under the current NCRWTP Expansion project in order to
increase the supply of available raw water to the expanded NCRWTP.
Installation of future `.vell #3 at the originally designed location would have
significantly increased construction costs due to the following:
· Approximate $20,000 additional cost for FP&L to relocate
recently installed overhead power lines to underground for
several hundred feet along Vanderbilt Beach Road.
· Unknown additional cost and time to acquire a temporar3~
construction easement from the Worthington Communities
de`.'elopment.
· Potential significant additional costs for shoring of the vault
excavation and restoration of landscape, concrete curb, gutter
and sidewalk, asphalt pavement and earth berm immediately
adjacent to the original design well vault site location.
It was subsequently determined through review and discussion by CD.Xl and
M&E with the County, a more feasible location `.``'ould be in front of the
NCRWTP approximately midway between ,,,,'ells ~1 and #2 This revised
location would eliminate additional costs for relocation of FP&L power lines,
easement acquisition and potentially extensive restoration. Since wells ~1 and
#2 are known to be high production ,,,,'ells, it is anticipated well #3 located
midway between wells #1 and #2 would also be a good production well and
provide the County with an additional supply of available raw water. Due to
the poor yield of wells #7 and #8 and the subsequent decision to not use well
#8, it is the consensus opinion that new well #3 would provide adequate or
better yield than well #8 and desired firm capacity during peak demand periods
Collierxco199s.7 Page 5 of 9 0.~
tl I
I,.1AY 1 11999
Item No. Justification for Change (continued)
2 The additional work specified in Change Order Item No. 1 of this Change
Order is not required for Substantial Completion and is required for Final
Completion of the project. The current Final Completion date is June 28,
1999 as approved in Change Order No. 14. Installation of the well at the
revised location is anticipated to begin in late June of 1999 when the well
drilling subcontractor expects to have a rig available and to be completed by
the current Final Completion date of June 28, 1999. Upon installation and
testing of the well, Milmir must excavate and construct the well vault, install
all required piping, electrical and mechanical work in the vault, install the well
pump, chlorinate the well and start up and test the well pump and vault
equipment. The request for a 90 calendar day time extension to Final
Completion appears reasonable and necessary to complete the scope of
additional work authorized by the County.
3 NCRWTP operations staff has a concern regarding the operation of existing
equipment in the High Service Pump Room being affected by the continuous
high ambient air temperature within the room. The ambient air temperature in
the room is high due to the heat generated by the existing high service pump
VFD's and pump motors. Operations staff previously and currently moderates
the room temperature by keeping the 3 doors open and using one (1) portable
fan. As requested by NCRWTP operations staff, M&E reviewed alternatives
for maintaining a lower room temperature and providing improved air
exchange and handling. M&E developed an air exchange system of 4 roof
mounted exhaust fans and 2 wall mounted propeller fans, all temperature
controlled, which operations staff accepted. The corrective action regarding
air handlingtransfer in the High Serv'ice Pump Room is being implemented
based on recommendation of the VFD equipment manufacturer to avoid
premature failure of equipment due to existing high ambient air temperature in
the High Service Pump Room.
Also, in the High Service Pump Room, the Contractor (Milmir) will be unable "-
to install the 2 new high service pump and vertical pipe assemblies in the
existing cans due to the length of the pump/pipe assembly being greater than
the vertical height from top of existing pump can to bottom of roof truss.
Two (2) new roof openings are necessary to allow installation of pump/pipe
assemblies. In addition, operations staff has insufficient height to facilitate the
removal of the four (4) existing high service pump/pipe assemblies which may
result in costly, time consuming and labor intensive disassembly to remove
existing pump/pipe assemblies. The County therefore decided and directed the
Contractor to furnish and install six (6) new roof openings over the high
service pumps (2 new & 4 existing) to facilitate maintenance procedures and
minimize maintenance costs associated with pump/pipe assembly removal.
Collier'co199s.7 Page 6 of 9 N0. I
MAY I 11999
Item No. Justification for Change (continued)
4, 5, 6, 7, 8, Quantities indicated in the Bid Form for unit price items of Work are
9, 10, 11, 12, estimated quantities. The Contractor is paid for the actual quantities of unit
13, 14 & 15 price items of Work installed in accordance with Section 11 of the Instructions
to Bidders, page WS-IB-5 of the Specifications. The estimated bid quantity of
unit price items of Work associated with installation of wells 1, 2, 4, 5, 6, 7, 8,
9, 10 and I l is therefore adjusted to reflect the actual final installed quantity
for each item.
16, 17, 18, Quantities indicated in the Bid Form for unit price items of Work are
19, 20 & 21 estimated quantities. The Contractor is paid for the actual quantities of unit
price items of Work installed in accordance with Section 11 of the Instructions
to Bidders, page WS-IB-5 of the Specifications. The estimated bid quantity of
unit price items of Work associated with installation of raw water mains is
therefore adjusted to reflect the actual final installed quantity for each item.
18 The actual final installed quantity exceeded the estimated bid quantity by
greater than 25%. In accordance with Section 11 of the Instructions to
- Bidders, page WS-IB-5 of the Specifications, the bid unit price for Bid Item
2.7, 18-inch gate valves, was negotiated to a reduced new unit price of
$5,296.00 per valve or a reduction of $304.00 per valve.
22 The Contract provides an Allowance (Bid Item 4.2) to pay for additional
unforeseen work authorized by the County (Section 01153 in the Contract
Specifications). The current remaining allowance for this Contract in Bid Item
4.2 is $85,490.85. The remaining allowance is used in this Change Order to
offset the additional costs of Change Order Items No. 3 (partial), 4, 6, 7, 8, 10
and 11.
Collierco199s.7 Page 7 of 9 1 Ng .~
I,.IAY 1 11999
pc. IO
COLLIER COUNTY
NCRVV'FP 8-MGD EXPANSION
County Bid No. 97-2690R
CDM PFOjeCt No. 6295-21728
CHANGE ORDER NO. 15
AI'I'ACHMENT "B"
SUPPORTIVE DOCUMENTATION
Change Order Document Desc'ription Document
Item No. Date
1 Missimer International letter to Collier Count}' discussing 12/08/98
relocation of future Well #3
I M&E Wellfield Optimization Study to Collier County 12/22/98
P~VED, evaluating relocation of future Well ~:3.
I Milmir Construction original cost proposal to furnish and 01/11/99
install Well ~3.
1 Minutes of Progress Meeting No. 13 documenting 01 / 12/99
discussion and status of the location and installation of
Well #3 and additional costs.
1 . Milmir Construction revised cost proposal to furnish and 01/21/99
install Well ;~3, using Youngquist Bros. to install Well ~3.
1 Minutes of Progress Meeting No. 14 documenting 02/16/99
discussion and status of the installation ofWell ~3 and
revised additional costs and time.
1 Milmir Construction last revised cost proposal to furnish 02/17/99
and install Well #3, using Youngquist Bros.
2 Milmir Construction last revised cost proposal to furnish 02/17/99
and install Well #3, using Youngquist Bros., which
explains and requests a 90-day time extension to Final
Completion only.
3 M&E memorandum to CDM with exhaust/transfer fan 01/11/99
specifications and layout sketch of fan installation in High
Service Pump Room.
3 CDM request for a cost proposal to Milmir to furnish and 01/12/99
install roof openings and exhaust/transfer fans in High
Service Pump Room.
3 Minutes of Progress Meeting No. 13 documenting 0 I/12/99
discussion and status regarding roof openings and fans. , 'AG~,0A XT~, -
MAY 11 1999
Collierco199s.7 Page g Of 9 PC. I I _
CHANGE ORDER NO. 15
ATTACHMENT "B"
SUPPORTIVE DOCUMENTAT[ON
(continued)
3 Milmir Construction original cost proposal to furnish and 01/29/99
install roof openings and fans in H.S. Pump Room.
3 Milmir Construction revised cost proposal to furnish and 02/05/99
install six roof openings, four roof fans and two thru-wall
fans in the HS. Pump Room.
3 M&E memorandum to CDNI recommending the Milmir 02/08/99
02/05/99 revised cost proposal.
4, 5, 6, 7, 8, Page WS-IB-5 of the Instructions to Bidders, Section 11, N/A
9, 10, 11, 12, describing how installed quantities of unit price items of
13, 14 and 15 Work are paid for.
4, 5, 6, 7, 8, Missimer International summary of installed quantities of 11/05/98
9, 10, 11, 12, unit price items associated with installation of wells 1, 2,
13, 14and 15 4,5,6,7,8,9, 10and 11.
4, 5, 6, 7, 8, Milmir Construction summary of installed quantities of 01/22/99
9, 10, 11, 12, unit price items associated with installation of wells 1, 2,
13, 14 and 15 4, 5, 6, 7, 8, 9, 10 and 11.
16, 17, 18, Milmir Construction summary of installed quantities of 02/10/99
19, 20 and 21 unit price items associated v,'ith installation of raw water
mains.
16, 17, 18, Verification of final installed quantities of unit price raw 02/16/99
19, 20 and 21 water main items, by County pipeline inspector.
16, 17, 18, Page WS-IB-5 of the Instructions to Bidders, Section 11, N/A
19, 20 and 21 describing how installed quantities of unit price items of
Work are paid for.
18 Page WS-IB-5 of the Instructions to Bidders, Section 11, N/A ...
allowing negotiation of a new' unit price when the installed
quantity exceeds the estimated bid quantity by greater than
25%.
18 Milmir Construction proposal, documenting the new lower 02/19/99
negotiated unit price for Bid Item 2.7
18 M&E memorandum to CDM, documenting the 02/23/99
negotiation of a new unit price for Bid Item 2.7
22 Page 01153-1 of the Contract Specifications which defines N/A
Bid Item 4.2 and Allowance Items. NO.. I
MAY I 11999
Collier c0199s.7 Page 9 O[' 9 PG. ]~t,
..
MISSIMER
B4 I ERNATIONAL.
INT
::' ' _ I I J...I ........ i ' . .... II · ......... q I
.
~ I
December s, 1
~. Pete SchMt
~oject M~ger ~.
Collier Co~ Public Worh
Eng~eeri~ Depment
3301 Ea~ T~ T~I
Co~ Oovemment Center, Build~g D
Naples, FL 34112-4902
E: NCR~P Exp~sion Production Wells
De~ Pete:
Per your request, 1 am providing a short discussion of the implications of moving R.O. well #3
to a site midway between R.O. wells #l and #2. As mentioned in previous meetings, a
modification to the water use permit will be required, but we believe this can be accomplished
with a letter modification. The idea of moving well #3 was predicated on two issues: one was
the site logistic difficulties associated with well site #3, and two, the fact that wells 1 and 2 were
so highly productive.
Of particular concern you expressed was the potential for accelerating saline water migration by
concentrating the well withdrawals. Your cause for concern is correct in that the movement of
groundwater (in this case the upward migration of saline water) is always from higher to lower
pressure. Therefore, the more you lower the pressure in one aquifer by withdrawal of water, the
more you increase the potential for movement of water from adjacent sottrees.
The originally targeted well spacing for the NCRWTP was conservatively set at 1000 feet to
minimize well to well interference. The distance between wells 1 and 2 is over 1200 feet. With
the relocation of well #3 to an intermediate position between the two wells, an interwell distance
of over 600 feet will be maintained.
Post coqstruction testing has shown that well #1 free flows at over 1300 gpm and well #2 free
flows at over 2000 gpm. At the full, planned production rates with all 3 wells located on the
WTP site, we anticipate that the aquifer potentiometfic surface will remain above land surface
across the WTP property. This level is at or above the levels considered during model prediction
of water quality changes. Based on this assumption, we do not believe that the relocation of well
#3 will result in salinity changes greater than those already anticipated.
FH7476.B
MAY i 11999
~olleg~ Pork~eM. Suite PO~2 (Q41)
;V%t.t~.:.r'.. t'l~.iT,.I,- ',:,'7.)1c~ PF~Y [Od~ ~.~ ?.'It,7
MISSIMER
INTERNATiONAL,
_~1 ....... I III ~ ,J, I IIII ,I. II_._JL_I_,,L IIIIII III __ Ill ....... rl II iiii I III
December 8, 1998
Mr, Pete Schalt
Page 2
I hope we have adequately addressed your concerns in this letter. If not or if you would like
further discussion, please let me know.
Yours sincerely,
W. Kirk Martin, P.G,
Vice President
Hydrology Services
F!t7476.S ~ NO .~
~AY I '11999
Pc.
9~:9; 8~, ;~ D30 EO/EOa 998
AQUAALLIANCE dAN 25 1999
CAMP DRESSER & McKEE
December 22, 1998 COLLIER CO. FIELD OFFICE
CD:.~ - C,.Q., ! :..
Mr. Peter Schalt, Project Manager cc
Collier County Public Works Engineering Department
3301 E. Tamiami Trail
.
County Government Center, Building D t 4
Naples, FL 34112-4902 fi'Ttfii ~ _,Caq, /
Subject: NCRWTP 8-mgd Expansion ',~'
Well Field Optimization Study
(~,'/t~/./~'i
Dear Mr. Schalt: cO BID NO 97-2e:.,iL, P~
CDM PN. 6295-21728
Metcalf& Eddy has completed its review of the well field optimization recommendations of
Missliner International. Due to the potential loss of capacity from under-producing Wells 7 and
8, we recommend installation of Well 3 at this time, and abandonment of Well 8. We also
recommend that an acidification procedure be conducted on Well 7 to attempt to increase its
yield. The following letter report presents the results of our analysis.
BACKGROUND OF STUDY
The current design of the well field system was based on estimated well yields and production
capacity of approximately 1,100 to 1,200 gpm per well for ten installed wells. This estimated
capacity provided Collier County with approximately 12,000 gpm of total well field capacity.
Upon installation and testing of the well field, Missliner International found that Wells 1, 2 and
6 were exceeding projected yields, while Wells 4, 7, 8, and 9 had lower than expected yields.
The initial results ofMissimer International's testing are shown in Table 1.
Collier County directed Metcalf& Eddy to perform an evaluation to determine how the well
field could be optimized, and whether it would be acceptable economically and operationally.
With the additional capability of Wells 1, 2 and 6, pumped flows might be increased to
compe.nsate for unforeseen low yield on Wells 4, 7, 8 and 9.
Metcalf &Eddy , an aft,hate of
400 Colon), Square, Suite ll0l
Atlanta, GA 30361 ~IAY' 1 I 1999
Mr. Peter Schalt, PMP
Page 2
December 22, 1998
Table 1: ESTIMATED PRODUCTION RATES (gpm)
FOR VARIOUS PUMPING LEVEL SCENARIOS*
Well Pumping Water Level Recommended
Pumping Rate
Number 20 feet BLS 40 feet BLS 60 feet BLS I 75 feet BLS
1 Not Yet Constructed 1,800 (est.)
2 >2,200 >2,200 >2,200 >2,200 1,800
4 750 900 1,150 1,300 800
5 1,300 1,800 >2,200 >2,200 1,000
6 >2,200 >2,200 >2,200 >2,200 1,800
7 300 400 500 600 Test Acidify9
8 200 280 350 400 Test Acidify9
9 600 780 850 900 800
I 0 ; 900 1,150 1,400 1,600 1,000
I1 - Not Yet Constructed 1,000 (est)
*Missliner International, June 1998
EVALUATION
Current System Design
The first issue of the evaluation was to determine if the existing well field design could provide
the required firm capacity to meet maximum plant production demands. Using our hydraulic
network computer model of the well field and plant system, modified with Missimer's
recommended pumping rates (Table 1). Without Wells 7 and 8, we determined the current
design could provide the required firm capacity. The well field would operate at the flows,
pressures and drawdown shown in Table 2.
Note that the drawdown anticipated for Wells 4 and 9 exceed the recommendations of Missimer
International. If this drawdown is unacceptable, Wells 4 and 9 could be throttled back using the
effluent control valve to the recommended drawdown levels. This would, however, reduce the
overall production capacity of these wells.
As shown in Table 2, limited spare well capacity would be available in the current design unless
Wells 7 and 8 could be rehabilitated.
MAY 11 1999
Mr. Peter Schalt, PMP
Page 3
December 22~ 1998
Table 2: ESTIMATED WELL PRODUCTION RATES FOR CURRENT DESIGN
Well Number Flow (gpm) .Head (psi) Estimated Drawdown
(feet BLS)
1 1,129 87 20
2 1,189 79 10
4 1,028 100 50
5 1,122 88 18
6 1,141 85 10
7 0 0 0
8 0 0 0
9 869 118 75
- 10 995 103 40 j
11 1,025 100 30
Maximum Capacity 8,498 gpm
Firm Capacity 7,711 gpm (See Table 3).
Alternative 1 - Upgraded Wells 1, 2 and 6
We modeled a modified system by assuming an upgrade of Wells 1, 2 and 6 to higher capacity
well pumps. The new pumps would have a nominal capacity of 1,800 gpm to take advantage of
the higher yields found in these wells.
Multiple scenarios were considered for optimizing the system. Two scenarios were chosen for
detailed evaluation, covering the range of possible conditions. These two cases evaluated the
pumping conditions of highest head loss in the system (using the wells at the greatest distance
from the plant) and the lowest head loss in the system (using the wells closest to the plant).
These two conditions were compared with similar operating scenarios using the existing well
field design. The results of these analyses are presented in Table 3.
Mr. Peter Schalt, P1V[P
Page 4
December 22. 1998
Table 3: EXISTING AND MODIFIED WELL FIELD SCENARIOS
Existing System Design Modified System
High Head Loss Low Head Loss High Head Loss Low Head Loss
Well Q Psi Q psi Q psi Q psi
Number (gpm) (gpm) (gpm) (gpm)
I 1147 85 1854 95 1844 96
2 1202 76 1202 76 2046 82
4 1049 98 1054 97 1028 96
5 1143 85 1152 84 1107 85 1118 83
6' 1162' 82 1174 81 1964 85 2009 85
7
8
9 892 'i 15 929 111 849 116
10 1015 101 1053 96 984 101
11 1044 97 1014 97
Case 7507 7711 (also current 7772 8045
Capacity system finn capaciD')
Note: Ne~v pump capacities shown in bold text.
As shown above, using larger pumps for Wells 1, 2 and 6 will provide greater capacity in the
system with fewer pumps on line. This is advantageous to Collier County in one major point:
backup well capacity is provided. Plant capacity can be met with some wells off line. Another
potential advantage would be the reduction in operating costs by using fewer wells to provide
the plant raw water.
Capital Costs of Upgrading the Wells. Upgrading Wells 1, 2 and 6 will require significant
modifications to the mechanical and electrical features of the well vaults and houses. The
required modifications, with associated estimates of installed cost, are:
1. Wells 1 and 2, $216,000:
1.1. New Crown pumps Model 10L-2000 w/150 Hp motor, $61,600
1.2. Upsize 10-inch I-tDPE raw water line to 12-inch HDPE, $53,600
NAY 1 11999
Mr. Peter Schalt, PMP
Page 5
Dece~nber 22, 1998
1.3. Pump restocking fee, $40,000
1.4. Electrical modifications, $60,800
1.4. I. Change pump motor feeder from 3x#4/0, #4 gnd to 6x#4/0, #1 grid
1.4.2. Change starter size from Size 4 to Size 5.
1.4.3. Change main circuit breaker from 400AF/400AT to 600AF/600AT
1.4.4. Change the pump motor circuit protector from 150 MCP to 400 MCP
1.4.5. Change the generator circuit breaker from 400AF/400AT to 600AF/600AT
1.4.6. Change the service entrance and related cable sizes from tx#4/0 to 6x#350
2. Well 6 (includes modifications to Well House 5), $88,400:
2.1. New Crown pump Model 10L-2000 w/150 Hp motor, $31,800
2.2. Pump restocking fee, $20,000
2.3. Electrical Modifications, $37,600
2.3. I. Change pump motor feeder from 3x#4/0, #4 gnd to 6x#4/0, #1 gnd
2.3.2. Change starter size from Size 4 to Size 5
2.3.3. Change the pump motor circuit protector from 150 MCP to 400 MCP
2.3.4. Keep Well House 5 generator size the same, and sacrifice Well 4 in a power
outage
Alternative 2 - New Well 3
It would be preferable to keep all well system equipment identical, both for maintenance and
operation flexibility. In the upgraded well field scenario above, loss of one of the higher
yielding wells would require two spare wells to be placed in operation.
Alternatively, construction of Well 3 now instead of a later expansion, would compensate
the loss of one of Wells 7 or 8 Assuming a safe pumping rate of 1150 gpm, the firm capacity
(with the best producing well out of service) at the Low Head Loss condition would be
approximately 8700 gpm. At the High Head Loss condition, firm capacity would be 8550 gpm.
Well Location. Missimer has recommended that Well 3 be relocated to a site halfway between
Well I and Well 2. These wells are the highest producing units, and the aquifer will not be
adversely affected by three wells 600 feet apart. Considering the lower yield of Well 4, and
proximity of development at the original Well 3 site, this would be a preferable location.
Missimer's December 8, 1998 letter (attached) explains this proposal.
With the plant staffs input, we have identified a new site for Well 3, directly in front of the
plant between the two driveways (Figure 1). This will require approximately 300 feet of 10"
HDPE main and a connection to the 18" raw water header at the plant. Well 3 can be ~owered
from Well House 2 as designed, but would require extension of the duct bank to the ......... ~1
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Mr. Peter Schalt, PMP
Page 6
December 22.1998
site. No additional cost for the well vault and pumping system is necessary if Well 8 is
abandoned. Those costs would be transferred to Well 3 construction.
Capital Costs. Well 3 construction costs can be estimated from unit values of the contract
documents. Based on Bid Items 3.01 through 3.16, a well of the same size as the other 10 wells
would cost approximately $170,000 to construct. Extending the electrical duct from Well
House 2 will add about $15.000. A new 10-inch pipeline and connection may cost up to
$20,000. Remobilization after the substantial completion date could add $20,000. Total cost
including overhead and profit could be $250,000.
COST COMPARISON
The two alternatives were compared for cost-effectiveness, each considered capable of
providing equivalent pumping capability. The following basis for comparison was used.
Operating Costs of Upgrading the Wells. Using the flows and heads determined in the
system modeling, a comparison of operating and capital costs over a 30-year life cycle is
provided in Table 4. This assumes 200 days of operation per year at maximum capacity at a
power cost rate of $0.0538/kW-hr. Mr. Randy Garay anticipates that the plant will operate at
ti~ll capacity throughout the dry.' season of the year.
30-Year Life Cycle Costs. The present value of the 30-year life cycle costs for the current and
modified designs are presented in Table 4. An inflation rate of 3 percent and an investnqent rate
of 10 percent were used to develop these values.
Table 4: COMPARISON OF 30-YEAR LIFE CYCLE COSTS
30-Year Life Cycle Costs
Scenario Capital Costs I O&I~I Costs Total Life Cycle Costs
Alternative I - $304,000 $1,742,000 $2,046,000
High Head
Alternative 1 - $304,000 $1,663,000 $1,967,000
Low Head
Alternative 2 - $250,000 $1,590,000 $1,840,000
.High Head
Alternative 2- $250,000 $1,57%000 $1,829,000
Low Head
The anticipated O&M and capital costs for the Alternative 1 (Upgraded Wells 1, 2, and 6) are
higher in both the low and high head conditions. Alternative 2 (Construct Well 3) saves in
overall cost, while providing the County with greater flexibility of operation.
MAY I 11999
PG. ~=,~J
Mr. Peter Schalt, PMP
Page 7
December 22, 1998
Acid Treatment of Well 7
Missliner International has recommended that Well 7 be rehabilitated through acidification
Traditional acid treatment of wells to maximize production capacity uses a highly concentrated
solution of hydrochloric acid. As a result, the down-hole reaction is often extreme and produces
initial backflush water that contains very high levels of dissolved minerals.
Missimer International, Inc. has proposed an alternative approach that involves injecting a high
volume of a weakly acidic solution (pH = 2.5 - 3.0) over a period of several days. Because the
acid is relatively mild, pumping system components do not have to be removed from the well,
and the water produced from the well a~er treatment would not be exceptionally high in
salirfity. This treatment can be completed in 7 to 14 days, and has been proposed by Missimer
International, Inc. as a lower cost alternative to traditional acid treatment.
The estimated cost for treating Well 7 using this approach is $20,000. If rehabilitation with acid
treatment does not succeed, Well 7 should be abandoned and the pump from this well used as a
spare unit for the other wells
RECO~i~IENDATIONS
We recommend that construction of new Well 3 be implemented as a contract change for
Milmir Construction. This can be implemented after Substantial Completion so as not to delay'
the project. Estimated cost for this change order is $250,000. Well 8 should be abandonedl and
associated costs for well vault construction applied to Well 3.
We do not recommend implementation ofupgrades to pumps at Wells 1, 2 and 6. This would
provide less flexibility of operation, and would mean complex instrumentation to handle the
numerous pumping scenarios.
Rehabilitation of Well 7 may be cost-effective Acid treatment can be performed on this well
for an estimated capital cost of $20.,000. If the yield is not improved significantly, Well 7
should be capped for later use.
If you have any questions or comments concerning the evaluation, please feel free to contact us
Sincerely,
METCALF & EDDY, INC.
Nicholas B. Cooper, P.E.
Project Manager
N0.~
/"fAY I 11999
01/il/99 10:34 '~904 768 6494 MILMIR CONST -,--,-, CDM NAPLES ~:)001/010
Milmir ConstruCtion, Inc. PI~0POSED CHANGE ORDER
P.o. so~ ~4oo-A No. 0030
1617 Row~ Ave. l*htme.; (904) 768--2300
Is~_-~k_L,~_nvilk, FI~__ 32208 ]~ax: (904) 7686494 .....
TITLE: Addition of Well No. 3 111 1/99
pROJECr:N.I~gionalWTP 8MGD ,n~ ~ ~ B ~g ~ 9801
TO: Camp. Dresser & Mckee. Inc. ONTRACT NO: 9801-MAIN
8011 Vanderbiit Beach Road JAN 11 1999
Naples, FL 34108
CAMP DRESSER I McKEE
ATTN: Adam Sobolewski, P.E. FIELD
RE: To: From: Number:
Per your request we propose to develop well no. 3. The location will be on ti~ north ~ide of Vandexbfit l~ch 1~ Exumsion at +/-
stitlon 15+70 (~ht~t WT-3).
Our proposal is based on ~he frillowing clazifcations:
a. We have included no additional cost for mnsm,,c~on af the ~ vault as we will build the d~.~emd wall vault no. 8 in ~t~s loca~on at
b. We will run a new 10" P,W hmmmismon main parallel to the 10' xn~in fi'om ~11 no. 1, W, rmlnm:ing with a 10"xl S* tee in the southan
m~ 18" RW~'ansmission nmin east of~he pLa~ exiL
c. The elearical duc~ bank will be ex~nded from the existing pun box ea~ of the plan~ ~ road m a new pull box in fronx
well vault no. ~. All pews. and inswamenmtion cablhxg will termln~e. ~n well house no. 2 as was origi~ny provided for.
d. A~ this time Youngqui~ Bn~, wffi have a ng svailabl~ w drill ~ well during May 19V9. Ax such ~hne as a ~nn~ decixian
~ with this ch,~nge order w~ will hsve to confirm the ;Na~abBjty of a rig at that time. The sooner a decision is msc~
e. We will need a 60 day extension affinnl completion time ONLY for the consWucflon af r~is well vmd~. We have included
associated job overhead expense~ for the required 60 chy~
e. Completien af this change order will ha~e no bem'ing an the release of retainage as fi relaxes to the ~ conu'ac~ wark.
CDM - COLUE~ C0.
CC DIS'f/FILE AVflON } Unit Co.:.' $0.00
l
g/ ~v& C~oz~ r. P2 ~ Lump Sum: $230,216,00
Z/ /~o N.~/~/-p-'. oZ~f~r7 Lump Tax: $0.00
/ Total: $230,216.00
CDM PN: 629B-~17211
Donal~L. ~C~e, V.P. Adam SobolewSlci,
Date: 1/I 1/99 Date: ·
01/11/99 10:42 TX/RX NO.2635
-
Collier County NCRWTP 8-MGD Expansion
,-., Progress Meeting No. 13 - Minutes
· Concentrate P.S. header replacement. $70,452.00
· Deletion of additional backflow preventer ($20,298.00)
work from Change Order 10.
· Additional backflow preventer and relocation
of specified BP. Required by FDEP. Milmir
to proceed with ordering materials as agreed
by all attendees and directed by County. $51,359.00
· Hannonic filter relocation and deletion
of new pump disconnects. ($14, 180.00)
· Membrane system training credit. ($25,200.00)
· County overtime inspection costs
for period (9/13/98 to 12/31/98). ($5,226.00)
· Well house site modifications. ($12,580.00)
· Use of a portion of Contract Allowance for
additional backflow preventer work. ($51,359.00)
· Deletion of tree replacement at well site #2. ($700.00)
· 7 day time extension for additional backflow
preventer work. ($0.00)
· Replace existing static mixer or spool
piece with orifice plates with new
" HDPE static mixer. $16,701.00
· Wiring/cable between RTD's and VFD's, (original proposal was for
$6,447 extra) - Cost reduced to $2,940.00 by previous negotiation Uetween
M&E and Milmir. Will be included with credit proposal above for
harmonic filter relocation and deletion of new pump disconnects, as
reducin. from
of cost for $230,216
and a 60 day time extension to Final Completion only, received 01/11/99.
CDM distributed copies at meeting for review and comment. CDM noted
Milmir's mark-up on furnishing and installing the well should be deleted
since the costs to install the well came from original bid price to install a
typical well and already included Contractor and subcontractor mark-ups
and taxes. It was also discussed and agreed by attendees and directed by
the County to delete the additional cost to furnish and install the
18"xl 8"x 10" tee and valve connection in the new 18" raw water main,
from this proposal, and add same to proposed Change Order No. 14, to
expedite installation of the new tee and valve before the new 18" main is
tested, flushed and placed into operation. Milmir stated the cost to furnish
and install the tee, valve and a blind flange, including all mark-ups, was
$6,510. Milmir to submit revised cost proposal to furnish and install well
#3. M&E to provide the scope and drawing for install~
to subs requested approw
as soon as so availability of a well
HAY 1 11999
01/2~/99 14:1~4 ~J'l~04 768 6404 MILMIR CONST --,.~-, CD___M NAPLES 1i~001/010
Milmir Construction, Inc. PROPOSED CHANGE ORDER
P.o. ~, 9400-A No.
1617 Row~ Ave. Phnne~ (904) 768-2300
Jacksonville-, FL 32208 l~ax: (904)768-6494
TITLE: Addition of Well No 3 DATE: 1/21/99
PROJECT: N. Ragional WTP 8MGD Expatzsion JOB: 9801
TO: Camp, Dresser & Mckee, Inc. CONTRACT NO: 9801-MAIN
8011 Vanderbih Beach Road Ext.
Naples, FL 34108
P~r your request we propose to devel~ well n~. 3. The location will ~ on ~ n~ ~e ~ V~I ~h ~ ~ al +/-
m~on 15+70 (~ s~ ~-3).
~ pm~ is ~ on ~c f~o~g
a We ~e ~1~ ~ ~i~n~l ~ ~r ~ ~ ~ v~t ~. 3 as ~ ~ ~d ~ ~ ~
b. We ~ ~ a ~ 10~ RW ~mit~ion ~ ~ ~ ~ 10" mnin ~ well no. 1, t~t~ttng at ~e 1~" ~tc v~ve lalt~
~ C.O. No. 14, itm no. 12.
c. ~ ~l~m~l ~ h~ ~! ~ ~e~ ~m ~ ~ng ~ ~x ~ ~ p~t ~t w~ to a n~ p~l box m
~11 ~t ~. 3. ~1 ~er ~d i~menmhon 2b~g ~H t~te ~ w~ ~ no. 2 ~ ~ ofi~y p~d~ for.
d At ~s ~ Y~~ Bms. ~ ~ a fig ~il,ble ~o ~ ~ ~ ~g ~y 1~9. At ~ch h~
pr~ m~ ~s ~ o~r we ~I1 ~ to co~ ~: a~!abffiW of a fig at t~r me ~ ~r s
~bffiW ~ s ng wffi ~ ~ a~i!~le.
e We h~e t~1~ ~ en~mem of ~H ~d no. 8 ~ p~g a ~aon d 30" R~ ~ ~c ~1 h~{ fill~g
~mt~ ~rh~d ~ for I~ r~ ~ ~.
$o.oo
z ~ b ~ ~ Unit Tax: $0.00
~ ~ ~ 0 ' Lump Snm:
~..
~ ~ ~ CAMP DRESSER SMcKE[
< O ~ COLLIER C0. FIELD OFFICE Total: ~20,230.~
Do~d L. ~osc, V.P. ~ ~(~V/~ ~ Ad~ Sobolcws~, P.E.
01/21/99 15:02 TX/RX NO.266_ PG._p_~ =
COLLIER COUNTY
NCRWTP 8-MGD EXPANSION
County Bid No. 97-2690R
CDM Project No. 6295-21728
PROGRESS MEETING NO. 14
Tuesday, February 16, 1999
9:30 a.m.
1. Minutes of the previous meeting:
· No comments or exceptions were taken to the minutes of the previous meeting and
they were accepted as written.
2. Contractor's report on progress since the previous meeting:
· Contractor provided typed outline of work completed. A copy is attached to these
minutes.
3. Contractor's forecast of work to be performed (30-day look ahead) in the period prior to
the next meeting:
· Refer to typed outline of work proposed for the next 30 days. Copy attached.
· Milmir said they would provide a 30-day "look ahead" schedule showing activity
late start and late finish dates after the meeting. Copy attached to minutes.
· M&E noted commissioning of new facilities is a 2-week period and must be
complete by the Substantial Completion date of 03/28/99. Therefore, all new
equipment and systems must be up and running by 03/14/99.
4. Observations, issues and conflicts:
· Outstanding KFIs:
· #40A - Welding receptacle required: Milmir verified Gulf States has
installed welding receptacles desired by County maintenance staff.
· #43A - RO skid hole sizing for test orifice: M&E responded.
· M&E responded 02/12/99.
·
,.~~15 - Sixteen items, includes:
Relocation and installation of Well #3: Waiting for cost proposal
from Milmir, if Southeast Drilling Services installs well. Cost
proposal, if Youngquist Bros. drill Well #3, is $220,230 plus
$20,000, and drilling would not start until 07/12/99, per Don KloSe
Late Entry: (1) Received revised proposal 02/17/99 using
Youngquist for $256,038 and a 90-day time extension to the
current Final Completion date. (2) Received proposal 02/17/99
using Southeast Drilling for $244,940 and a 45-day time extension
to the current Final Completion date, which is 06/28/99. CDM,
M&E and Missimer to evaluate proposals. County would prefer
that Youngquist install Well #3 to maintain subcontractor
continuity and has requested that Missimer discuss Youngquist
proposal with Youngquist.
-Pagel of 6- I~IAY ~ 1 1999
766 6494 MILMIR CONST ~ CDM NAPLES ~001/011
Milmir ConStruction, Inc. PROPOSED CHANGE ORDER
P.O. Box 9400-A No. 00JOB
1617 gow~ Av~. Phone: (904) 768-12300
Jacksonville. ,FL 3220.8 Fax; (904)7_68-6494
PROJECT: N. Regional IVTP 8MGD B: ion JOB: 9801
TO: Camp. Dresser & McJcee. In FEB ] 7 1999 CONTRACT NO: 9801-MAIN
g011 Vanderbilt Beach Rom
Naples, FL 34108
CAMP ORFSS[R & McKE[
COLLIER C0. FIELD OFFICE ,
ATTN: Adam Sobolewski,
RE: PCO To: CDM From: MIL,MIRCO Number: O030A
This propOSal iS a ~rvisioa to our previor~ PCO No. 3OA and includes the r~vised pricin~ and start dale issued by YonnCqujsl arothers,
Inc. on 2/3/99 (see attached fax).
Per your request we propose to develop wcu no. 3. Th¢ local ion will be on the north side of Vande~oill Beach l~osd ~x'tensio~ at +/-
station 15+70 (see sheet WT-3).
Ottr !~oposa/is based on the following clarifications:
a. We have included no ntlditiotml COSt for construction af v, ell vault no. 3 as we will build the deleted w~ll vault no. 8 in ~ location at
no addRiona/cost other than c/caring, rock bteakup, site r~storation e~cpens~s which were experttied at wed/site no. 8.
b. We will nm a new 10" RW transmassian main parallel to the ]0" i fi'om we, ll I~, 1, teffl~l~!l
under CO. No. 14, item no. 12.
c. T~e eleCtrica! duct bank will be exxended from the existing pull box east af the plant exit toad to a new pull box m front of the new
well vault no. 3. All power and instrumenmtian cabling will terminate in well house no. 2 as was on~rmlly lamvided
d. At this Lime Ycmngqu~ Bros. will have a fig avafiable to begin drilling on/or befor~ 7/12/99. In ordex to maintain this pricing and
drill rig sche. dale I must be authorized to ismm a ch~o~_. ord~ to YwmEquist Brothers, Inc. no later than 2/25/99.
~. We have innls. lde:d tht: ~ of We,,ll ht41d ha, 8 by placing a section of 30" RCP ovex the wen head, filling the void with crushed
f. We will nixed a 90 day exlb-nsinn offlent c)om12!~l;ioll ~ ONLY for the c~n~rtlaion of this we]] vatlit. We have included the
associated job Dyefarad expe. esa for the required 90 days.
¢. Completion afthis change arcter will have no bearing on Ihe i~.Jease of ~tn innge as it relau:s W lh~ bise conmwt ~ozk
//e~X'&~7("°'/O7 ~'~7' C"';' ,,,._,,, .~-: _.,) Unit Cost: $0.00
c,' ~-;~.' '~. -'. '-;'~' '~ Unit Tax: $0.00
?/7//~ ,CO; :~. ~; · R=EAC:~ iON s Lump Sum: $256,038.00
R ~x]~oF ~f 0,~ ~q Total: $256,0;18.00
APPROVAL: '(__,, 5"t"5~, /
By: ~/~ /
Donald L. Klose, V.P. . !O St>O. [ Adam Sobolewski, P.E.
Date: 2/17/99 ~/e~/./,f' Date:
CO BID NO. 97-2690R -
PlAY I 1 1999
02/17/99 09:26 TX/RX N0.2723 __
MAY 11 1999
02/17/99 09:26 TX/RX N0.27 _ PG.
0Z./17/8~ 09:20 ~'904 768 6494 MILMIR CONST -,-,-, CDM NAPLES ~OO3/Oll
MAY 11 1999
PG....~?
02/17/99 09:26 TX/P,.X N0.272 P.003 I
0Z/17/99 09:20 ~'604 768 6494 ~I/_~IR CONST -,-,-, CD}I NAPLES [~004/011
~-~
~-~
02/17/99 09:26 TX/RX N0.2723 P.004 ·
02/17/99 09:20 ~1'904 768 6494 MIL~IR CONST ~ CDM NAP!~S ~005/011
Younaauist Brothers,./.n.c_,_
Well ,N_o, 3 Development Pronsoal
Bid PrOposal
Bid Item , , Description Quantity Unit G0.1t_ To~ll Cost
"' ~:ont~ct Unit
3.01 Drill 30' Hole 150 $ 31.00 $ 4,850.00
3.02 _
3..03 8" Pilot Hole 575 $ 1'6.00 $ e,200.00
3.04 Ream 20" Hole 575 $ 19.00 $ 10,925.00
3.05 lr FG Casirt~ ..660 $ 55.00 $ 36,300.00
s.oe ~e. FG C~s~ng 100 S es.00 $ e,eoo.oo
3:07 Grout Production Casin9 . .~8~0 $ 38.00 $ 32,30O.00
3.08 Drill 12' Hole 100 $ 26.00 $ 2,e00.00
3.09 Air Development . . 8 $ 80.00 $ 840.00
3.10 Pumpin9 Tests 5 $ 830.00 $ 4,150.00
3.11 Well Disinfect/on 1', $ 520.00 $ 520.00
3.12 Enfineer Dimcte~ Stand-by t0 S 80.00 $ 600.00
3.13 Er~/ineer Dire~ed Extra 10 S i0~00 S 700.00
3.14 eeop~sica~ Lags ~! s. z,~..o.oo s 2,3oo.0o
3.15 Vidao,Sun~ey 1! $ 1,500.00 $ 1,500.00
3.1e Site Restoretion li $ S40.00 $ 840.00
CO-5 Grout Surface Cs~ln~l :520 $ 23.00 $ 7,~60.00
Sub-toter Corrtrac~ Pric~.~ $ 130,185.00
~ddm.~,n~;I Mo~ernob
Mob/Demol~ilization I $ 42.,6.3.0.00 $ 42,630.00
,T.q~ql Promssol for Well #3 ' ' $ 172~81 e.00
HAY 1 11999
pG. J~
02/].?/99 09:26 TX/P,.X NO.2723 P.005
0Z,'17/99 09:20 ~J'l~04 768 6494 MIL~IR CONST ~ CD~ NAPES ~006/011
02/~3/99 ~ X5:10 F~ 9~X~S945~5 yO~GQUIST BR0~RS INC ~eO~
YO~GQ~ST BRO~~, ~C.
FACS E
T S SSION
' PHO~: (94 1 ) 489~ F~: (941 ) 4894545
TO: ~ATE: ~
COMPANY: ~~--~'~
PAGES:_. ~ ~du~g Cover)
If you do not receive aH pages, please call us ~
as soon as possible. f~
15465 Pine Ridge Road, Ft. Myers, FL 33908
HAY 1 11999
02/17/99 09:26 TX/RX NO.2723 -- I':;.;;.;;-,
...... ' ~ ' 'P~OP6SED
Milmir Construction, c. ~GE O~ER
P.o. Box ~0-A No. OO3OB
1617 ~ A~. PBo~: (904) 7~-23~
~adeT ~ 32208 F~ ~4) 7~494 ,
,
, ,. .
~E: Ad~onofWdNo. 3-l~~] ~ ~ ~ ~ ~&~i DA~:~17/99
PRO~: N. Ke~od ~ 8MOD ~ ~oa ~ JOB: 9801
~: Crop, Dm~r & ~, h FEB 17 ~ CO~CT NO: 9aol-~
801 l Vud~Ht Be~ ~
Napl~, ~ 34108
CAMP DRESSER & MERE[
COLLIER C0, FIELD OFFICE .
A~: Adm Sobo]ew~ P.E.
~: PCO ' To: CDM From: ~~CO Numbe~ ~30A
~. on ~/~ (~ at~ ~x).
Pet ~ ~UC~ g p~g tO ~ ~ RO. 3. ~e l~lion ~ ~ on t~ ~o~ side ~Vand~Hl B~h ~ E~iOn al +/-
~de C.O. No, 14, i~ no. 12.
c. ~d~l~M~e~~~g~x~~pl~t~tr~toa~b~m~mof~en~
~ ~t ~. ~. ~ g ~d i~mcvta~ ~g ~B ate m gB ~ no. 2 ~ ~ o~l~ ~ ~r,
& M ~ ~ Y~a h. ~ ~e a ~g ruble to ~ ~ ~or
~ We ~ M~ ~ ~ d~ ~ ~. 8 ~ ~a~g a g~
I I I I II ~ I I ~ I I I II II .......... II ~ I
~ - ,,. , . ....
C~ ~ ~ ~, ~ -: ~ .3 Unit Cost: ~,OO
~C ~.~r/FLE AC~IO~ ~ Lump Sum: ~6,~8.00
/~ ~r ~ ~ ~ Total: $256.038.00
......... /;~; ~fi ~ ~,~x)~ - _ ....
Date: ~17/99 '. .... ~ [~L/~ ~ Date:
CO BID NO.
you do not receive all pages, please call us as soon as possible.
15465 Pine Ridge Road, Ft. Myers, FL 33908
02/17/99 09:26 TX/PJ( NO.2723 _ ~A~
Z00'd b£9Z'0N X~/X~ Z~:60 66/II/I0
CAMP DRESSER & McXEE CDM - COLLIER CO
CONSTRUCTION S ,/CS
~.~.~..A~.._E. COLLIER CO. FIELD OFFICE ~CC DIST/F. ILE]ACTION
DATE: January 11, 1999 / IP. (~(z-rtt, J.
TO: Adam Sobolewski. PE '
Camp, Dresser & McKee, Inc, FTI~/ <'~ /(~:) /,
FROM: Nick Cooper 1~'7't~~/0/
/.
SUBJECT: NCRWTP Expansion ~' r'~'/O/,
PCO 27B - High Service Pump Room Ventilation CO 810 N0: 97-2600R
The attached figure shows the configuration of' exhaust fans in the bjgh service pump room. There
are several options possib|e, but the use of'transfer fans from the maintenance shop provides the most
positive ventilation. Fans will be individually controlled by space thermostats and sequenced to start
with increasing temperature.
Within this arra!~.gement, we can provide two levels of ventilation:
A Five pumps operating, Process room temperature 80 degrees, maintaining 95 degrees
in HSP Room:
1. 4 - 2HEP Exhaust Fans mounted in roof hatches; 5400 cfrn each
@ .25"w.c.s.p.
2. 4 - 3HEP Transfer fans in wall from Maintenance Shop; 5400 cfrn each
~ .50' w.c.
3. l O0 sq fi louver/gri//e between Process Room and Shop
B. Five pumps operating, Process room temp~ature 80 degrees, maintaining 104 degrees
in HSP Room:
1. 4 - 0.5 HP Exhaust Fans mounted in roof hatches; 2700 cfrn each
@ .25" w.c.s.p.
2. 4 - 1.5HP Transfer fans in wall from Maintenance Shop; 2700 cfin each
~ .50" w.c.s.p.
3. 22 sq ~ louver/grille between Process Room and Shop
We are checking on the power requirements at the plant, but this should give Nftlmir something to
look at
Metcalf & Eddy
- ,
1201 Peachtree Street NE
Suite 1101 11 1999
Atlanta, Georgia 30361 PG.
E00'd ~E9g'ON Xlt/Xl ~:60 66/II/I0
PROCESS ROOM
8'-0" ~ 12'-0" GRILLE 12'-0" W x 10'-0" H
(14'-0" AFF)~--,~ ~ /"ROLL-UP DOOR
] I · ' 3 ' ~ ~
8'-0" W X 12'-0" H/ f~
ROLL-UP DOOR TRANSFER FANS (4)
I 6'-0" W x 12'-0" H- (18'--0' AFF)
DOUBLE DOOR
3'-3"W×5'-4"H
LOUVER (9" AFF)
MAINTENANCE SHOP E~]
3'-Y' W x 5'-4" H
LOUVER (9" AFF]
HIGH SERVtCE
__ PUMP ROOM
~_,[~ ~ L 5'-3" W x 6'-6" H
MECHANICAL CONFERENCE
~ , RO~ ROOM LOU~R (9" AFF) .
. .. ~
5'-0" W x 7'-0" H DOOR
0 10 20 30
'~ . VERHEAD CRANE IS ES~MATED 15'-0" AFF. SCALE FEET
NOR~ COUN~ REGIONAL W~
~~ & ~DDY OP~ON
NAY'
JF~N. 21.1999 5:2E, PM C.QI~o DRESSEJ~ g ~CKEE NO. 5~
TO:~RNTP FIELD OffICE
~M ~ ~s~ ~ ~ee Inc.
M ' ~rl ~ ~ ~7
~ ' Te~l ~B ~ ~1 ~7~141
J~ 1~ 1999
Mr. Don_~!d Klose
Vic~ President
Mllrmit Consll'uction, Inc.
P,O. Box 9400-A
161 ? l{owe Avenue
3ackson~e, FL 32201~
Re: NCRRrFP - 8rngd Exp~-.~ion
County Bid }4o. 97-2690R
CDM Project No. 6295-21728
CDM Doc # 920
t~lucst for Proposal
Dear Mr, K, lose:
PI~L_~e provide this office with your cost proposal f~ furnish .ncl install the roof op_er)in~c-s
and air handling modifications in the High Service Pump Room as derailed in the
0I/11/99 M&E M~mor_~na,,m and drawing. Include the appropriate breakdown of labor,
mazeriaI and equipment costs for sla-uctura], HVAC and electrical work, to allow evaluation
of your proposal.
Althou8h two of the roofOpenlngs arc neccl~d to facilitate installation of the two n~w h~h
service pumps, completion of the additional roof openings and air hsndlinM modi_~.cations is
not r~cluir~d by the c~t Substautial Completion milestone date.
Should you have any questions, please ~ve me a call.
Very truly yours.
CAMP DRESSER & McI~E INC.
Adam Sobolewskl. P.E.
AMS/mb
Atta~krn_~nt
Pete Schalt, PWED
Nick Cooper.
Rjch, rd Moor~. CDM
~0..
MAY 11 1999
PG. ,9' 7
01/11/99 16:31 TX/RX N0.264 r. Uu~-
Collier County NCRWTP 8-MGD Expansion
,_,, Progress Meeting No. 13 - Minutes
drilling rig and associated equipment can be locked in. It was noted a new
well permit may be needed and FDEP and SFWMD permits may have to
be modified (possibly by letter only). M&E and Missliner to check
· High Service Pump Room openings and air handling modi~cal
General scope and drawings from M&E, received 01/11/99. Mil~ir to
submit cost proposal to furnish and install roof openings, interior louvers
and air transfer fans. Electrical drawing and details needed from M&E.
inal Milmir for 6 roof openings over pumps is obsolete.
· #12 - Replenish the Contract Allowance, Bid Item 4.2, by $136,849.85. -
County Board approval anticipated today, 01/12/98. Late entry: Was
approved 01 / 12/99.
· Other issues
· Acid feed system layout changes, (calibration chamber relocation) - M&E
said location of 2 calibration chambers outside acid pump enclosure over
floor trench is acceptable, M&E to show Milmir new chamber location
following the meeting. Pipe extensions to relocated chambers can be
CPVC. Milmir did not commit (yes or no) to any additional costs for
CPVC pipe extensions.
· Raw water main hydrostatic testing, chlorination, flushing and placement
into service - Milmir anticipates testing, flushing and chlorination to be
completed by the end of January. Milmir scheduled to meet with their
pipeline subcontractor to address pipeline activity completion, on
Wednesday, 01/13/99.
· Well optimization final report - M&E to make distribution of report if not
already done so.
· CDM 12/31/98 transmittal of NCRWTP li st of questions/deficiencies to
Milmir - Milmir to submit response. Jimmy Brock commented on
individual items and how and when they will be addressed.
· Milmir noted Philips Automation was having financial difficulties, but did
not anticipate any problems or delays with performance of remaining
instrumentation work.
· Crom tank backfill and grading - CDM noted backfill and grading has
been incomplete for some time and cannot be completed until lightning
arrestor cable and ground rod system is completed. Milmir was requested
to expedite completion of both activities.
· Pipe cleaning system/tracking device training - Milmir indicated pipe
cleaning system staff would be on site the week of January 25 and asked
that Randy have staff available some time that week to receive training.
M&E to review pigging protocol and provide to the County.
·FPL electrical service "turn on" for well houses 2, 5 and 9 - PWED
indicated FPL needs an address and partial Certificate of Occu ~ancy from
11 1999
.,~29/99 10:41 ~]'g04 708 6494 MILMIR CONST -,-,--, CD14 NAPLES 172001/015
Milmir Construction, Inc. PROPOSED Ct~,NGE ORDER
P.o. sox 9400--A No. 0031A
1617 Rowe Av~. Phone: (904) 768-2300
Jac, keo~v~ 32208 ~F_az: (904)768-6494 . ,
TITLE: High Service Pump Room Ventilation DATE: 1/29/99
PROJECT: N. Regional W'YP 8MGD Expansion JOB: 9801
TO: Camp, Dress~ & Mckee, The. CONTRACT NO: 9801-MA~
8011 Vanderbilt Beach Road Ex-t.
Naples, FL 34108
ATTN: Adam gobolewsld, P.E.
RE: PCO To: CDM From: 1VITT-lV~RCO Number: 003 1A
Per the attached dedgn criteria issued by M & E, dated Xanuary 11, 1999. we propose to funash and matall a ventilation ~ystem in the
FLigh Servic~ Pump RDom bum art the following alarifical ions and revisions.
a. Koo-f e, xhalat faxts will be in full conformante with the 1%i & E data.
b. In lie, x of the I00 sqfe lottvcr/gtil2¢ Mwcen the M Room trod 2Vlamtermncc Shop we will tcplac~ the cxj#ting
aa~ opeft grill {tyl¢, mill finighed IdBI~1~_Ln3,, r~ll-tlp fd~tri.ly CtLrtgin.
C. The wall exh_a,:~ fan~ will be two (2) each, two speed (5400~fitd10800cfra) ~n¢ With hmmings. The existing wall lOL, V~rS beXwecn the
Maintenance Shop and RS. Pump Koorn will be re,nuyved .~nd the two n~w fans will be installed in the lower portion of the openings.
The area above the f~n¢ will bc bIankcd-off with a sheet metal fabricated eJosxtm. The wall fans will be installed with approximately 12"
prolrdd/llg into the rdlop are~ a_nd I8" protrndl eg mw th~].LS.Pump RDom.
d. A 480 volt 3-phase distn'bution panel will be installed ht the KS.Pump Room. Four (4) eax;h line voltage thermoctatx will be mounted
at a coma~on locatim~ wirl~, the pump room. Each thermostat will mntrol an~ speed of a wall fan and one roof exhaust fan in uxtLson.
Tha; will allow oz~ set offaxis to rtart at xx-degrc~.~, a se~x+nd set at xx-degrces, a third set at xx-degree~, and th~ final set at xx-degTee
We will nt~d e~tthorizarioa to proc, e, cd with this propoa~d t~o l~ter rh~n l~ebl-~ 5, 1999. Final coxnpletion of this
governed by t!~ substantial cc~etion date, but ratbrat the proj~-t final completion date.
A detailed eo~t breakdown i= attached f~r your use in r~viewing this proposal. CDM - COLLIER CO.
~/i.,,,~ 0~ST/F~E ACTt0N
/! Lump Sum: ,37 0
')d JAN 2 9 ]999 Lump Tax:
r.~"'7-/Iq CAMP DRESSER & McKEE Total: $/,3~
COLLIER CO. F|ELO OFFICE
F
CDM PIN: 6295-21728 /~ '~D~,X~--~9
AP:y?OVAL-
_ By:
· KlOse,' v~P. Adam Sobol~wsld,
Date: 1/29/99 Date:
02/05/99 08:25 ~904 768 6494 MILMIR CONST ~ CDM NAPLES ~001/015
. lilmir Construction, Inc. PROPOSED CHANGE ORDER
,. Box 94oo-A No. 0031B
,7 Raw= Av{:. Phon~: (904) 768-2300
.,,cksmmviBe, FL 32208., ~ Fat: (904) 768-6494 __ ._
TITLE: H,S. Pump Room Ventilation-II.ev, 1 DATE: 2/5/99
PROJECT: N. l{.egional WTP 8MGD Expansion JOB: 9801
TO: Camp, Dress~ 84 Mckee, Inc. CONTRACT NO: 9801-MAIN
8011 Vanderbih Beach Road Ext,
Naples, FL 34108
ATTN: Adam Sobolewski, P.E,
RE: PCO To: CDM From: MILMIRCO Number: 003 IA
Per thB design ~tit=ria issued by M & E, dated lanuary 11, 1~)9. we propos= to fuxmstl and intoall a v=nhlation system in the Fhgh
Service l~mp l:~om basexl on the folksring clarificalions axxd r~i~ions:
a. Rod exhaust f,a~ will be in full conformsure with the M & IE perbruan~e dais.
b. In lieu d fiz t00 sq~ louver/~ille ben~em the Pro~ss Room and Msinleuance Shop wowill x~lace the ~ evenhead door with
c. The wall e2dxaust fills wfil be two (2) each, two speed (~40Ou~u/10~00d~) fan, wilh hmasillgll _Snd inl~-t and c~xtlct i~ards.
existing wall lonvers benveen the lvla~t~-n~,~e Shop and H.S. Pump R~m will be removed snd the two ~ fans will
upper portion d the operant. The ar~a below the fans wilt be blank~-off with a rdx~et m~tal fabzi~at~l din, Th~ wall fans will be
i~ with approxima~ly 12" protrtld~ into the shop axes and 18" proUudm2 into the I-I.S.th~mp
.~.d. Rod opemin~s will be installed as close to the cenle=Lin~ of ~he pumps as the exisling joist localsons will allow. The structura/roof
· ,nix~ de. mils on conu'acY drawing S-11 will be used to ~lme
,qex~I¢ conduit will bc used to terminate the rod exbmts{ f~ns to allow the e,dlaus~ers to be ~ sei aside lbr pump removal and
replacement.
f. A 480 volt 3-phase ~11 ~ will he ~ in th~ ]'L S,PtIBIp Room. Foilr (4) e, ac, h lilae voltsEe therllxo&qaLs will be lIlolulted
al a common location within lhe pump room, F2dl thcrmtstat will c, onUd one speed of a wall fan and one roof exhaust flm in unison.
This will allow one set 0fhn~ to start at xx-d~l~,ees, a s~ond set at xx-dcgrces, a third set m xx-dc~e~s, and the/real set at xx-d~gr~s.
W¢ will ~ autho~zation to prnceed with this proposal xw lair than Feblqlaxy 12, 1999. Fiaal completion af this change will not be
govcrn~ by the substantial comple~ion date, buI taXher the project final c~mpletion dste.
A datadeal c~st bzeakdown as aUached for you~ use in x~,vic-win~ thi~ proposal.
CDM- C0LUER C0.
/. ~, Sc,4~z ,~. '..~/z/Kz> Lump S.m: SSS,S72.00
P//i', ~a.~ Z'A/_~X'I,t)r o F~B ~ 1999 Lump Tax: $0.00
~ N,, ~,~- ~ ?'~_~C/~' FT/~/ CkMP DRESSER & McKE( TotaJ: $58,572.00
'
'q ;~/,/.<7 F?'/~ L_ COLLIER CO. FIELD 0FFtC, E
......... ~'t~/OI FT,'~ /~/~l~.r_~_~/~z
Adaxn $obQlewskj, P,E.
ate: 2/5/99 Date:
MAY 1 11999
PC
02/05/99 08:32 TX/RX NO.2697 , 'P ~- ._ . _
02/05/99 08: 25 ~904 768 6494 MZLMZR CONST +'*"* CD~ N~P~S
~002/015
N0.
HAY 11 1999
02/05/99 08: 32 TX/RX NO. 2697
02/05/99 08:26 ~904 768 6494 MILMIR CONST -,-,-, CDM NAPi,~S 1~003/015
~AY I 11999
02/05/99 08: 32 TX/RX NO. 269? P. 003
02/05/99 0~:26 ~'904 768 6494 MILMIR CONST -,--,-, CDM NAPI,~S 1~004/01~
MAY 11 1999
02/05/99 08: 32 TX/RX NO. 2697 P. 004
02/05/99 08:26 ~'904 768 6494 tlIL~IR CONST -,-,-, CDM NAPLES [~005/015
PROCESS ROOM
12'-0" W x 10'-0" H
ROLL-U )OOR TRANSFER FANS
MAIN~NANCE SHOP
HIGH SER~CE
~ V F
0 ER PUMP~),_y W x 6'-6" H
L
MEC ANtC L CONFERENCE
A
. ROOM LOU~R (9"
'
.
3'-0" W x T-0" H DOOR
O 90 20 30
OVERHEA~ CRANE RAIL 12'-0" - l~'-O' AFF,
TOP OF O~RHEAD CRANE IS ES~MATED 15'-0" AFF, SCALE
NORT~ COUN~ REGIONAL ~P
~TC~ &EDDY OP~ON 1
02/05/99 08: 32 TX/RX NO. 2697 P. 005
02/05/99 08:26 ~904 768 6494 MILMIR CONST '~'*'~ CDM NAPES ~006/015
11313 O~b~lon Ave. W.
dac~le,
P,O, ~608100
(407) 2g3~ F~
1
FLORIDA TOLL FREE 1-8~226-3667
ROLLU P D~RS · S EC~ O ~L DOORS · MOTOR OPE~TORg'
COUNTER DOORS · FIRE ~ORS * ~K EQUIPMENT · 9UDING DOORS
;CC:7 D'tPROPOSAL
Milmir Construction JAN 2 8 1999 Data j 22, 1999
~mposa~ J-26-01
1617 RoW Ave.
acksonville, F1. 3220~ ........... 3 Pr0jea
North Co~=y Rag.
Water Plant
Vanderbuilt Beach
Road - Naples
Attn: Don Klose
904-768-6494 Fax
904-768-2300
I. Coiling Grilles
~TERIAL:. Cookson Company all al~inum curtain, 9" pattern,
aluminn ~ides wi~ wool pile weatherstrip, al~inum
bottom bar, cylinder lock, bth sides, all al~inum to
be mill finish, hood, chain hoist operation.
0U~TITY A~-SIZE: (1) each - 12'0"
BIa: Material installed sales tax included $ 2,862.00
·Quote is per your telephone information-
Includes removal of existing door.
II __lI Im I II II If
This proposal may be withdrawn if not accepted within. 3 0 days
ACCEPTANCE OF PROPOSAL
Joe Davenport'
Dine
1. All electrical wiring, condu~t
and mounting of controls You are hereby Signature
Dy others, authorized To
2. All tim doom shall be proceed with
installed per NFPA ,,B0. the scope of Title.
3. Doorshall be welded to work as
l continuous jambs. If it outlinedabove. Terms: ci NeT lOth of Iollowln9 monih
· ~3 Not 30 Days
I$ necessary to bolt, please [] COD
call for re-quote. D Pondtrig Credit A~proval
E'J Other
SEE REVERSE SIDE FOR CONDITIONS OF SALE.
02/05/99 08:32 TX/RX N0.2697
02/05/99 08:27 ~904 708 6494 MILMIR CONST ~ CDM NAPLES ~007/015
_ , .
: "' ~)~ ~ ~ L ~
MAY 1 ~1999
02/05/99 08: 32 TX/RX NO. 2697
02/05/99 08:27 ~g04 708 0484 MILMJR CONST ~ CDM NAPL~S ~Z}008/015
Grille
t Non-S~lndard Colors
in otter ~0 me~ your a~
- ~r ~
.artera 50.15 ......
L--.---~,
~ ~ ~ ~_ arme ~ O~~:
~~ 5014 M92 3"x3' ~gdll~u~ 16'~"wide
~pe JKG - C~K '~ FMG ~ M~T~R .... ~ tNST~~N
' a" s- '
7~
MAY 11 1999
p~.
02/05/99 08: 32 TX/RX NO. 269
02/05/99 0~:28 ~ePgO4 768 6494 M]LMIR CONST
l~ebruar~ ~,, 19~9
Milmir Construction Inc.
P. O. Box 9400-A
Jacksonville, FL 32208
AU~ Don Klose
RE: BiSh Ser~ics Pump Room ~ Pricing" :
We will ~ snd inswsll 4 - Cube - 300-5 (~xwnheck rooF~-xbausl~r fans ~ 6 - 12~ hiSh roar
lar ~,
curbs snd 4 - roof curb adapters zo hold vhe rims and 2 ~oof curb ~ovars. The new f~-~ sw~ S
b~ smaller bors~ power. Atlached are the perfosmarw~ curves,
Wewilir~m°v~tw°e~istin~walll°uv~'s3']"XS'4"andinfl~eirsl~s~settw°wallPr°P2
speed fans with E~m~ls on boxh skies, Th~ fans will be smaller than the openin~ and this area
wiU be blsnked oiYw/ffm'vanized sheet metal.
The six xeans and six curbs will be priodsz $21,000.00.
Very mxly yours,
MAY 1 11999
02/05/99 08: 32 TX/RX NO. 2697 P, 009
02/0S/9~ 08:2~ ~904 7~8 8494 HILMIR CONST ~ CDM NAPES ~010/01~
82/84/19~2 17:63 241~43B~ ~ITI~ ~IR ~p P~
Fe~-O4-E~ 02z33P C~rc~al a~r ~na~n~ ~1 27~ ~U~ r ~
01/20~9 JOe: MO~H WA~R ~~NT P~ ll~S
MACK: WALL PRO
S B C E ~'' '" ~" ""
i Dwke Exhamt Fan
O~l~l & ~ce~= SaleGrad
,
"o._''~ ~) 0/
MAY 1 11999
02/05/99 08:32 TX/RX N0.2697 P.010 ·
02/05/99 08:29 ~904 78~ 6494 MILMIR CONST -,~-, CDM NAPLES [~011/015
Welt Mo~T Hous~g for
W M H ~~ FeM, FlUsh
02/0~/D9 08:29 ~'904 768 6494 M1LM!R CONST ~ CDM NAPES ~012/01~
B2/~/1999 17:83 9~1~3899~ ~ITI~D A~R ~ P~ ~5
_ _
' ~lm~ ~1~ * ~V~am l~rmed sl~l~m wheel · AIM~m d ~
d ~k m~ GUnli~ rellstan~ fatWe · ~umi~e ~o~
Optl~l & AcceW~ ~e~ed
· Ol~ ~er ~1~ ~3Q
MAY I 11999
02/05/99 08:32 TX/RX N0.2697 P.O12
02/05/99 08:29 f~'904 708 6494 M:I].JIIR CONST -~-**., CDM NAPLES ~.?013/015
~2/!S4/19cJc3 17:1~3 c&41643~96 COHDZTZOI',E~ AZR ~ PAGE
1.
_ . ~ ~ .... ~ _ e
,I q'q,
PIV3,ECrR!:OUIREklENtS
- · ~uSD- ~k'SO. II" 11 3/$"
· - ,' ' ~ '1
. , .: -:, ', ';! *
,,
,.. · -., '..-
,,
I
HAY 1 11999
02/05/99 08:32 TX/RX NO.2697 P.013 ~
02/05/gO 08:30 J~'g04 708 8494 ~JLM]R CONST ~ CD~ NAPES ~014/01~
82/84/1999 17:83 941~4989~B C~ITI~ AIR ~ P~ 87
Fu~-~4~g9 0~:34P C~~4a~ ASr M~a~nt ~41 ~77 9D~ ~. Ub
TID
NOTE' $T.~NI~RC~ LUklBr-R OVERHANG
UNL[S80T!IC;Iw.~S,,,. 5P.EQIrl[O
RC-tA STYLE ItC-2B S"'I"YLE
,eNQ, TE.ITANDARD OVERALL HEigHt ~1" UNk,.III IPP..,CIF~CAI, J,.V eNdIll eil~i. QW.
PROJECT REQUIREMENTS
..... ...
N;TUaL * n,uLEe PlTCII IIF,,Q I ?
,, OVlRALL, O'VtRHANG .... I',~ ' '
C3TY, ~Tt'Telt ,c O,O. I I.D. NIEiiI, I? I--:I'TYf,,,i I,~llO Jll~l[ 140tt
}Z'f ,,~,~.e J "fir'e /Z' ,,- --,, __
· "" -:"' " '., T. '
.' '.:-: ,
~qOOF PrIODUCT,,~ & ~YST'EMS CORP. J
91ENSENvILLF,. ~LL INOl~ t Riv~"~
't,,,~ ;,,,
REPF;E.~ENTEr'3 RY
MAY 1 ~ lg°9
P ,..__._., ~--,
02/05/99 08:32 TX/RX N0.2697 P.014
02/05/99 OS:30 {~'904 76S 6494 MILMIR CONST -~+-,
L GULF Sl'AT~S PHD~E 1~3.: 94~. ~ 73;2B 3~.
GULF STATES. II1 ,
451f5 Progress Ave.
Naples, FI.
Fax 941-263-7328
3mauaxy 28, 1999
Don g2osc
Milmir Con,t, dCtiOn, Inc,
1617 Ra:m~ Ave. VIA FA~ (904) 76g--6494
]aC3csonv~ll~. l~orida 3220g
NORTB ligGIONAL ~WTP 81V~GD EXPANSION
HIGH SERVICE PUM/
D~~
(2) 2 ~ ~ m~ ~ ~s ~ (4) r~ ~st ~s.
I ~~ to in~i a ~0 Volz 3~ ~n~u~on ~ ~ ~ ~ S~ce ~ Room ~ (4)
F~ Vol~ Non ~{,S S~ nd (2) 2
m~ ~ja~t W ~ ~w p~. F~ lo~ to ~ fled ~~.
I ~ve ~d~ (4) l~e vo~e ~o~s to
mm ~ ~o~at ~ w~ol ~ ~ of a ~ ~ ~ ~e ~ ~ to ~ in
~n. The ~rmosm~ ~ ~ve ~chd~ w~ ~ us to
s~ ~ 8~, ~o~ ~ ~ s~ ~! (4) m of~ ~1 opnte ~ t~ tmpm~ r~6 95
TOTAL I~STALLED COST
Pieate advise if you require any additicma[ inforrnatio~
Many l~-oSers
MAY i !1999
02/05/99 08:32 TX/R,X NO.2697 P.015
~EB 8 ;SS 1~:31 PAGE.001
DATE: February 8, 19c)~
TO: Adam Sobolcws~, PE FEB 8 ~
C~p, Dross~ ~ McK~, ~c. CAMP DRESSER & McKEE
~OM: ~ck Coop~ COLLIER CO. FIELD OFFICE
SU~CT: NC~ Exp~sion
PCO 3 1B - ~ S~ce ~mp Koom V~ffia~
We Iuve reviewed Milmir's estimate PCO 3 1B (dated 215199) for furnishing and installing a new
ventilation system in the I-Iigh SelMce Pump Room. We find these costs to be appropriate For the
work planned. The revised scope of work and details are acceptable.
CD~.'~ - COLLIER CO.
COi'.S~'RUCTION SVCS
/~:>~S'T,'/FtLE ACTION
..~'7'M
F _~/o/./.~
C0 aID NO 97-26~0R
CL),M ?~: d295-21
xv ...
Metcalf & Eddy
1201 Feachtree Street NE
Suite 1101
Atlanta, Geor~a .30361
Phone (~14} ~1~0
{4~) 812-3161
Y 1999
02/08/99 10:47 TX/RX NO.2 _.g-_-i ',, ,
No plea of ignorance of conditions or difficulties that may exist or
conditions or difficulties that may be encountered in the execution Of
the Work pursuant=to these Bidding Documents as a result of..failure to
make the necessary examinations and investigations shall be accepted as
an excuse for any failure or omission on the part of the Successful
Bidder, nor shall they be accepted as a basis-for any claims whatsoever
for extra compensation or for an extension of time. .'
9.2 The Owner will make copies of surveys .and---reports performed in
conjunction with this Project available to any Bidder requesting them
at cost; provided, however, the Owner does not warrant or represent to
any Bidder either the completeness or accuracy of any such -surveys and
reports. Before submitting his Bid, each Bidder shall, at his own
expense, make. such additional surveys and investigations as may be
necessary to determine his Bid price for the performance of the Work
within the terms of the Bidding Documents.
Section 10. Material Requirements
It is the intention of these Bidding Documents to identify standard
materials. When space. is provided on the Bid Schedule, Bidders shall specify
the materials which they propose to use in the Project. The Owner may
declare any Bid non-responsive or irregular if such materials are not
specifically named by Bidder.
Section 11. Bid Quantities
Quantities given in the Bid Schedule, while estimated from the best
information available, are approximate only. Payment for unit price items
shall be based on the actual nunlber of units installed for the Work. Bids
shall be compared on the basis of humber of units stated in the Bid Schedule
as set'forth in the Bidding Documents. Said unit prices shall be multiplied
by the bid quantities for the total Bid price. Any Bid notrconfoming to
this requirement may be r~jected. Special attention to all. Bidders is'called
to this provision, for should conditions make it necessary or prudent to
revise the unit quantities, the unit prices will be fixed for such increased
or decreased quantities. Compensation for such additive or subtractive
changes in the quantities shall be limited to the unit prices in the Bid. "
Subsequen~ to the issuance of a notice to proceed, the Project Manager shall
have the~,discretion to re-negotiate any unit price(s) where the actual
quantity varies by more than 25% from the estimate at the time of bid.
I WS-IB-5
"']
MAY 111999
A
p
11/05/98 15:51 TX/RX N0.2424
I',[)k-;-OS;-.,1.~E~JEt ~.~:43~ F,~DI"I MISS,TIMER INTER,I',~'TI~ TO ,352.5,,579 P. ~?
.
~ 8ssss'~ssss~
...
MAY 111999
11/05/98 15:51 TX/RX N0.2424 P.007
8888s~S~8~8~8888
1 {1999
11/05/98 15:51 TX/RX N0,2424 P,00e
02/10/99 12:53 ~'904 70~ 6494 ~tlL~IR CONST .-,-,-, CD;~i NAPLES 1~001/002
MILMIR CONSTRUC'HON, INC.
February 10, ~999 FEB
CAMP DRESSER I McKEE
COLLIER CO. FIELD OFFICE
Cazr~ Dresser & MclC-~ 1-c.
8011 Vanderbi. h Beach Road Exce. nsion CDM - COI_L. fEF~ CO
Naples, F1. 34120 CONSTRUCTiO~'4 S'TCS
On-site Project Manager ~ ' ~ 4XtTd ,~TrY2
Re: Raw Watd:~' Transmis-rion Main Final Qv_~_nt;i~es
North County R,~-gi~ WTI> F:a~o~ion ...
CO BID NG. 97-2~90F1
cc: Jim, my Brock. Supt.
z617 ROWE AVENUE ,m .R.O. 80:X ~400.A II ]ACKSO2VVILLE. FLORIDA 32208 · TELEPHONE 904/769-2.)i , =.m,v _"'2_.'/.".'~ ;:."':
CERT. NO. CG.C040598 ~
NO. '" (/
MAY 11 1999
02/10/99 13:01 TX/RX NO.2712 P.001 ·
.... ,02/10/90 12:54 ~f'804 708 84~4 M1LMIR CONST ~ CDM NAPLES ~002/002
MAY I 11999
02/1.0/99 13:01 TX/PJ{ N0.2,712 :P.002
No plea of ignorance of conditions or difficulties that may exist or
conditions or difficulties that may be encountered in the execution Of
the Work pursuant:to these Bidding DOcuments as a result of..failure to
make.the necessary examinations and investigations shall be accepted as
an excuse for any failure or omission on the part of the Successful
Bidder, nor shall they be accepted as a basis-for any claims whatsoever
for extra compensation or for an extension'of time.
9.2 The Owner will make copies of ~urveys .and..-reports .performed in
conjunction with this Project available to any Bidder requesting them
at cost; provided, however, the Owner does not warrant or represent to
any Bidder either the completeness Or accuracy of any such .surveys and
reports- Before submitting his Bid, each Bidder shall, at his own
expense, make such additional surveys and investigations as may be
necessary to determine his Bid price for the performance of the Work
within the terms of the Bidding Doc~unents.
Section 10. Material Requirements
It is the intention of these Bidding Documents to identify standard
materials. When space. is provided on the Bid Schedule, Bidders shall specify
the materials which they propose to use in the Project. The Owner may
declare any Bid non-responsive or irregular if such materials are not
specifically named by Bidder.
Section 11. Bid Quantities
Quantities given in the Bid Schedule, while estimated from the best
information available, are approximate only. Payment for unit price items
shall be based ~n the actual number of units installed for the Work. Bids
shall be compared on the basis of ~umber of units stated in the Bid Schedule
as set'forth in the Bidding Documents. Said unit prices shall be multiplied
by the bid quantities for the total Bid price. Any Bid notr conforming to
this requirement may be r~jected. Special attention to all Bidders is called
to this provision, for should conditions make it necessary or prudent to
revise the unit quantities, the unit prices will be fixed for such increased
or decreased quantities. Compensation for such additive or subtractive
changes in the quantities shall be limited to the unit prices in the Bid.
Subsequent;to the issuance of a notice to proceed, the Project Manager shall
have the~'discretion to re-negotiate any unit price(s) where the actual
Shubseq~eavehne"t~e than 25% from the estimate at the time of bid.
WS-IB-5
HAY 1 11999
No plea of ignorance of condition~ or difficulties that may exist or
conditions or difficulties that may be encountered in the execution 9f
the Work pursuant:to these Bidding'DOcuments as a result of."failure to
make.the necessary examinations and investigations shall be accepted as
an excuse for any failure or omission on the part of the Successful
Bidder, nor shall they be accepted as a basis-for any claims whatsoever
for extra compensation or for an extension'of time.
9.2 The Owner will make copies of Surveys .and-.-reports -performed. in
conjunction with this Project available to any Bidder requesting them
at costl provided, however, the Owner does not warrant or represent to
any Bidder either the completeness or accuracy of any such surveys and
reports. Before submitting his Bid, each Bidder shall, at his own
expense, make such additional surveys and investigations as may be
necessary to determine his Bid price for the performance of the Work
within the terms of the Bidding Documents.
Section 10. Material R~..cXuirements
It is the intention of these Bidding Documents to identify standard
materials. When space-is provided on the Bid Schedule, Bidders shall specify
the materials which they propose to use in the Project. The Owner may
declare any Bid non-responsive or irregular if such materials are not
specifically named by Bidder.
Section 11. Bid Q~/antities
Quantities gfven in the Bid Schedule, while estimated from the best
information available, are approximate only. Payment for ~nit price items
shall be based on the actual nun%ber of units installed for the Work. Bids
shall be compared on the basis of number of units stated in the Bid Schedule
as set 'forth in the Bidding Documents. Said unit prices shall be multiplied
by the bid quantities for the total Bid price. Any Bid not:conforming to
this requirement may be r~jected. Special attention to all Bidders is'called
to this provision, for should conditions make it necessary or prudent to
revise the unit quantities, the unit prices will be fixed for such in.:reased
or decteas, aantities.
es in the q shall be limited-to the unit prices in the Bid.
Subsequen~,-co the issuance of a notice to proceed, the Project Manager shall
have the~'discretion to re-negotiate any unit price(s) where the actual
quantity varies by more than 25% from the estimate at the time of bid.
WS-IB-5
02/19/99 15:44 ~'904 768 6494 MILMIR CONST -,-,-, CDM NAPLES [~001/004
Milmir Construction, Inc. 'PROPOSED CHANGE ORDER
P.o. Box 94o~^ No. 0032A
,Ld, t7 Rowe Ave. Phou~: (904) 768-2300
-sonville, FL 32208 Irax; (,904) 76g-6494
TITLE: 18" Gate Valve P, evised Price DATE: 2/19/99
PROJECT:N, R,egionnl WTP 8MGD Expansion JOB: 9801
TO: Camp, Dresser & Mckce, Inc. CONTRACT NO: 9801 -MAIN
8011 Vnnda~ilt Beach Road
Naples, FL 34108
ATTN: Adam Sobolewski, P.E.
RE: PCO To: CDM From: ~:MIRCO Nnmber: 0032A
Folio ' negotintians with Mx. Nick Cooper, P.E., of M & 1~, we have agreed to the following reduc~on i~ bid pric~ for Bid Iwm
2.07: lSw~-:ch Gate Valves. This reduction was negotiated due to the final quantity exceeding the plan quantity by greater than
Atzached is an itemized breakdown, with copies of invoices, on which our final agreement was based.
00001 |~-]ncbC. m~Vulves 23.000 esc, h ($304.00) 0.00Yo $0,00
Unit Cost: ($6p992.00)
~e>c- 9~/~ Unit Tax: $0.00
CDM - COLU5~ CO
'~" Cr)NSTRUCTION SVCS
CC D., f/FILE ACTION ] Total:
~/o/
GI~/,/S FEB 19 1999
CO BID NO 97-269OB
CDM PN: 6295-2172~ CAMP DR~SER & McKEE
/C/~/y ~ _ COLLIER CO. FIELD OFFICE
~'/~'~daTd L. KJ~se, V.P. Adam Sobolewsld, P.E.
2/19/99 Date:
02/19/99 15:51 TX/RX N0.2730 ~>~~___
02/19/99 15:44 ~P904 768 6494 MILMIR CONST ~ CDM NAPLES ~002/004
PCO No, 32A - _C4~p__~_utat~lon For R_ed_uction In 18-bl_ch Gate Valve BId Pdce
Purchase pd~e for valve, mega_lug.9~.n.d.S, Jolnt accessories, valve ~ 3~981.46
box & IId.(see' attached Invoice)
Purchase pdce for two 18" inserts for HDPE pipe erKI to allow $ 156.48
make-up of rne~ralug ioints. (see ,attached invo/c~.) .....
Mater~! su~taiaj $ 4,13e
8% FI, .~ales Tax: 248
Total Material Cost ' 4.386
Hillgin$ ~ead &Fee $ 658
Hi~ins Revised Price $ 5.044
Milmlr Overhead & Fee .$ 262
Mllmlr Revised Price $ 5,296
Total Revised Unit Price $ 5,296
' ' Original BId Price $
Net Reduction Per Valve $ (304)
MAY 1 11999
02/19/99 15:51 TX/RX N0.2730 _~C_nm..? ~7 _.
02/19/99 15:44 {}'904 768 6494 MILMIR CONST ~-, CDM NAPL,~S ~003/004
AT~A, ~ 3~BB-2~iB
Telm~ 941-8g3-~ 181 ~UGL~ N. ~S,
SOLD TO: SHIPPED
h,ll,,I,,I.-ll..,th,l,l,l,l.l,.,hl,,ll,,,ll,,hl,,l,,,lll
B 9 1998
~G~ N. HX~ZNS, Z~. ~ N. HZ~NS, Z~.
N~ FL 341~1-l~4~ ~ 5P~/V~I~X~T
~ OF 5RISt/~Lfi FL
;2;2576-,Bb "~8 PVC raECiA LUC~ I~ ::: "':'
30~8455~:0~ our TRUCK 105706/98
7?80962 ~2018pv 18 MEGALUG F/PVC [ 44 0 44 000hEA( 0.~
O
U546018L.5~60 18 Md ~TE VALVE LA OR 2~ 0 22 3.81 46i EA 87592.
34X412TH nX T
461SCIL~ LID ONLY MARKED WATER 461-5 2; 0 0 O0 0.~
"lc::r':"l: 1"'1
,",=='-=!~- []
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~ C3~..;.,4 ~,, t*tC-,/'~/QR rlm=~4~m~f R7E.gP_ ...... :..;. - -~ J
N0~ ........
MAY 1 11999
02/19/99 15:5] TX/P,X NO.2'/30
INVOICE
CE, "VED 05/ 5/98 t30251255-,,,-,
rr. m, ERs w~TeR & s~w~ -~A.Y ': j '~-~
lo.O, BOX 10218B
ATLANTA, GA so~ea-2 lea DOUGLAS N. H3GG[NS, I'NC,
Telephone 941-Et9"4-8181
SOLD TO: SHIPPED TO:
l,.Ih.h,h..il,,.ih.l.hhhl...l.h.lh..ih.l.h..h..lil
I I $e02
DOUC_tLAS N. HIGGZNS. ZNC. DOUGLAS N. PI/:BGZN$, INC.
2887 TAMZAMZ TR E -qTE 1 NORTH COUNTY REGZONAL kPrP 8
NAPLES FL 34fT2-S147' ,MC, O EXPAN/VANDEJtIIZLT BEACH FID..'
lAST OF 5R4itl/NAPLE$ FL
;22576!60 ' ZNSERTS S/S i 09 ~ dRC AND
CQNC}I.-'RQNS
, / I 5 ON REVERSE' SIDE
i3025i255-o2! bu~ T~UCK 8
Otto CODE NO. OEscteNmON ORe'RlgU.~* _.M, CX OeUSOe~:: S~F'PED { Lmrr PmcZ! ] uNrr [ NET AI4OU
7832793 18" DIP 5.[ZE ZNSERT SDRI; 5~0 50l 79.231,EA~ 3911.
7846250 18" DZP 5ZZE ZNsERT 5DR11 0 2 78.22 ca: 156.
7846255 8" DZP S.T. ZE ]:NSERT SDR11 8 0 8 34.00 EAt 272.
i Su:,"o Tu :tint: []
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Total
'HUGHES SUPPLY' 5.TOCKS OVER 85;000 DIFFERENT FaRODE[C:TS~F;'OR'~I"|MlrlY'DBJVERY,'" NET ~,~OU~T 4339
NO CREDIT WILL BE..ALLCIWED.FOR' .GO43~i:RE*CURNED.~'UT 'OUR.:.PERMISSIG[~ I=REIGHT 0_
ALL RETURNS SUB;JECTTO RES'TOC,KING:' HANDLING'AND;4:REIGHTCHARG'ES;. TAX
6.00%
/ '
02/~9/99 Z5:5~ TX/RX NO.2? ....
F~,B 2 ~ 1999
CAMP DRESSER & McKEE
C0LuE. co, ,ELO 0mC L
DATE: February 23, 1999
TO: Adam Sobolewski, PE
Camp, Dresser & McKee, Inc.
FROM: Nick Cooper
SUBJECT: NCRWTP Expansion
PCO 32A - Credit for Gate Valves
The original unit price for gate valves as bid by Mihnir Construction was $5,600. The original
quantity in the bid has been exceeded by more than 25 percent. I have discussed this with Don Klose
and have~eached an agreement to reduce the unit price on the valves by $304, to a new unit price of
$5,296. We have qFoe. j to a credit of $6,992 for the 23 valves. We concur with the costs reflected
in PCO 32A.
Please contact me if you have any questions- CDM
CnNSTRL,iL:TIOF~ ~' 'S
CC b.
~ 5~o, ( FT'r~
CO BID NO: 97-2690R
Metcalf& Eddy
1201 Peachtree Street NE Ct .. ~2-- 5'5'79 Fax#
Suite 1101
Atlanta, Georgia ~0361
Phone (404) 881-8010
Fax (404) 872-.3161
NAY 1 11999
PG
02/24/99 16: 02 TX/RX NO. 2737
I
I SECTION 01153
i ALLOWANCES
J 1.0 DESCRIPTION ..
This section d cribe development and payment for related work items not
covered by the Contract Docum rawings, and Specifications). These items will be
I redmbursed und bid ~tem 4.2. No ent will be made under this item except as'
a thorized an 'Cc'b~etcu. . .
~ 20 ALLOWANCE ITEMS
' The Contract Documents specify complete work elements, which shall be provided in full
functional condition. Allowances items are extra work items requested by the Owner for
inclusion in the Contract. It is intended thai these allowance items ~ be additional work
desired by the Owner to improve the operational e~ciency, personal safety, and functional
reliability of the facility.
Allowances specifically exclude the following:
A. Costs due to the negligence of Contractor, any Subcontractor, or anyone
directly or indirectly employed by any of them or for whose acts any of
, them may be liable, including but not limited to, the correction of defective
Work, disposal of materi-,.ls or equipment wrongly supplied :_nd making
' good any damage to property.
B. Losses and damages (and related expenses) caused by damage to the Work
sustained, by Contractor in connection with the performance and furnishing
of the Work.
3.0 NEGOTIATION OF ALLOWANCE WORK ITEMS
::'jEach allowance work item will be negotiated'separately, on a cost reimbursement or lump
sum basis, as directed by the Owner. No work will be performed until negotiation is
complete and a written authorization is provided by the Owner's Representative. The
Owner may reject the allowance item at any time prior to authorization
CC"NRWTP E.~ansion 01153-1 November 17, 1997
017533
EXECUTIVE SUMMARY
RECOMMENDATION THAT THE BOARD TERMINATE THE CONTRACT WITH J & J
BAKER ENTERPRISES, BID NO. 98-2878 FOR EMERGENCY AND SCHEDULED
SEWAGE HAULING
OBJECTIVE: To have the Board of County Commissioners, Ex-Officio the Governing
Board of the Collier County Water-Sewer District terminate the contract with J & J Baker
Enterprises, Bid No. 98-2878 for Emergency and Scheduled Sewage Hauling and
authorize Staff to rebid.
CONSIDERATIONS: Bids were solicited for Emergency and Scheduled Sewage
Hauling on October 26, 1998. Bids were opened on November 18, 1998 with three (3)
bidders responding.
During the term of the contract, J & J Baker Enterprises has not been able to comply
with the one (1) hour emergency response time on several occasions. In order to keep
in good standing with the County, the Vendor has requested termination of this
contract. Staff agrees with J & J Baker Enterprises' request for termination. After
review of the other two proposals received, Staff determined that they would not able to
meet the one (1) hour emergency response time·
FISCAL IMPACT: Not applicable.
GROWTH MANAGEMENT IMPACT: Not applicable.
RECOMMENDATION: To terminate the current contract with J & J Baker Enterprises,
Bid No. 98-2878, and authorize Staff to rebid.
· PREPARED BY: ~"~.~_.,j'./c"'Z'/_--:_/-Z--~-- DATE:
Dave Chronist Wastewater- ollections Supervisor ,/ ~//~
R EVI EWE D :]]]]"" ': ....
//
DATE: d; 7 ?,. ....
Ed'~,ard Fihnj_Dir-e'6ior q{:C~ermier~s/l~.e_[im Waste~,~r'Dir~'ot0r"
REVIEWED BY: StepheR Y. Ca!ell, Genera(Services/Purchasing Birector
· Put7 .
REVIEWED B DATE:
Ed Ilschner, Administrator
Public Works Administration
/--.
MAY 1i 1S99
PG. I
BAKER
ENTERPRISES
April 9, 1999
Ms. Rhonda L. Snell, Buyer l
Coliier County Purchasing Department
General Services Building
3301 Tamiami Trail East
Naples, Florida 34112
Re: Bid No. 98-2878--"Emergency & Scheduled Sewage Hauling"
Dear Ms. Snell:
Pursuant to our discussion in your office on April 8, 1999, J&J Baker Enterprises, Inc. regretfully
petitions for voluntary withdrawal from performance under the above referenced bid effective
immediately. We take this action in the interest of preserving our reputation and good standing
for future bid awards and to provide the opportunity for the county to seek alternative sen.,ice
that meets their need and expectation.
Our Company in cooperation with your office and key officials within the utilities department has
actively tried to resolve performance issues to the satisfaction of both parties. However, since
the time of bid award, our ability to meet the one-hour emergency response time has diminished
because of a driver shortage in the Naples area. As a result, we have been unsuccessful at
meeting the stated response time.
As we discussed in your office, it is our position that the county's long-term interest is best
served if the county owned and operated its own equipment. Given the nature of construction
growth and an aging infrastructure, Collier County experiences more emergency situations than
any other utility that we have serviced in our 16-year history. Additionally, having control over
the equipment and drivers ensures a more immediate response.
Again, we :egret having to respectfully request this withdrawal and express our appreciaticn for
your cooperation in this matter. We currently provide outstanding cake lime hauling services for
the county and have done so since 1993. We look forward to future bid opportunities and
continued service to Collier County,
Sincerely,
Anthony P io
Zjn~~~~and Chief Operating Officer
cc: James R. Baker T N0.~~.~.__
Bill McFerran
MAY
CORPORATE OFFICE
P.O, Box 511843
Punta Gorda, Florida 33951-1843 "Responsible Bio-Solids Management" Fort Pierce, Florida 345~
(941) 575-0606 (561) 466-7722
Fax (941) 575-1685 ~ Printed on Recycled paper Fax (561) 466-4633
EXECUTIVE SUMMARY
ACCEPTANCE OF VARIOUS DRAINAGE EASEMENTS TO PROVIDE FOR FLOOD RELIEF AND
DRAINAGE OUTLETS FOR THOSE PROPERTIES NORTH OF US-41.
OBJECTIVE: Acceptance of one (1) Drainage and Maintenance Easement from Rookery Bay Services, Ltd.,
two (2) Temporary Construction Access and Drainage Easements from DY Associates Joint Venture and any
and all additional easements required to provide for flooding relief and drainage outlets for those _properties
north of US-41.
CONSIDERATION: Collier County's Stormwater Management Department has planned for several years to
construct a US-41 Outfall Swale south of US-41 that would eventually tie into Fiddler's Creek long spreader
canal which would allow for the restoration of historical sheetflow into adjacent jurisdictional wetlands.
A Drainage and Maintenance Easement is required from Rookery Bay Services, Ltd. which will enable Collier
County to install a storm swale that will provide flooding relief to properties north of US-41. Staff anticipates
obtaining the Drainage and Maintenance Easement by donation.
In addition, two (2) Temporary Construction Access and Drainage Easements are required from DY Associates
Joint Venture. On March 4, 1997, DY Associates Joint Venture conveyed two Temporary Construction Access
and Drainage Easements to Collier County for the construction of the aforementioned US-41 Outfall Swale.
Due to design changes, two (2) more Temporary Construction Access and Drainage Easements are now
required from DY Associates Joint Venture. All Temporary Construction Access and Drainage Easements will
automatically terminate and expire upon DY Associates Joint Venture's recordation of a plat containing a
permanent Drainage Easement in the Public Records of Collier County, Florida. The Temporary Construction
Access and Drainage Easements were granted pursuant to the terms of the Fiddler's Creek PUD.
Staff requests Board of County Commissioners approval and acceptance of any other easements required to
complete this project provided they are obtained by donation.
Prior to recordation, to ensure that Collier County's interest is protected, all documents will be reviewed and
approved by the County Attorney's Office and the Stormwater Management Department.
FISCAL IMPACT: Total recording costs shall not exceed $200.00.
Funds in the amount of $200.00 are available in US-41 Outfall Swales (Project Number 31401).
GROWTH MANAG li;~,'I ENT IMPACT: None
RECOMMENDATION: That the Board of County Commissioners:
(1) Approve and accept the one (1) Drainage and Maintenance Easement to be granted by Rookery Bay
Services, Ltd., two (2) Temporary Construction Access and Drainage Easement to be granted by DY
Associates Joint Venture, and any other easements that may be required once received and approved by
the County Anorney's Office and the Stormwater Management Department;
AG£NDA/
(2) Authorize the Chairwoman to execute any other documents related to this project in
clear title to the needed Easements; and NAY 1 I 1999
PG. /
(3) Authorize staff to proceed with the related real estate closing transactions and authorize the Real
Property Management Department to record with the Clerk of Courts the easements and appropriate
documents to clear title in the Public Records of Collier County, Florida.
Ernie W. Kerskie, Real Property Specialist II, Real Property Management Department
REVIEWED j~~ in~
BY z DATE: 4-2~- ~?
r. Project Manager, Public Works Engineering Department
REVIEWED U: hH~.Bold~D DATE: z~, ~ '7 -- ~'?
~o irector, Stormwater Management Departm~nnt'
APPROVED B DATE: 4-o2~' ~
Ed I!schner, Ad(mihist~ator, Public Works Division
EXECUTIVE SUMMARY
ADOPT A RESOLUTION APPROVING A MEMORANDUM OF AGREEMENT
AMONG THE COUNTIES, MUNICIPALITIES AND OTHER COASTAL
GOVERNMENTS OF COLLIER, LEE, CHARLOTTE, SARASOTA AND MANATEE
COUNTIES REGARDING COASTAL BEACH AND INLET MANAGEMENT.
OBJECTIVE: To adopt a resolution approving a memorandum of agreement among the
counties of Collier, Lee, Charlotte, Sarasota and Manatee whereby these entities would work
together to implement a regional approach to coastal beach and inlet management.
CONSIDERATIONS: Representatives of Collier, Lee, Charlotte, Sarasota and Manatee
Counties have been meeting on a quarterly basis for the past two years under an informal
designation as the Beach and Inlet Convocation. Collier County has been represented by Harry
Huber, Dr. Jon Staiger (City of Naples Natural Resources Manager), members of the Beach
Renourishment/Maintenance Committee and Coastal Engineering. The purpose of the Convocation
is to work together in implementing a regional approach to coastal beach and inlet management. In
an effort to obtain concurrence as to the provisions, goals and objectives of the Convocation, a
Memorandum of Agreement is presented for approval by each of the participating coastal
communities. Therefore, the attached resolution has been prepared for consideration whereby the
Board of Count>' Commissioners would approve such Memorandum of Agreement.
FISCAL IMPACT: None
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: That the Board of County Commissioners:
I. Adopt the attached resolution approving a memorandum of agreement among the counties,
municipalities and other governments of Collier, Lee, Charlotte, Sarasota and Manatee
Counties regarding coastal beach and inlet management.
2. Authorize the Chairwoman to execute the Resolution and the Memorandum of Agreement.
,77,,. ::' '~" .-;,?,,, arold E. Huber, Project Manager III
Public Works Engineering Department
REVIEWED BY:/.f~J~eff'Bibby, P.E., Directo~ Date: 4/z7~2/'~ ~
Public Works Engineering Department
Ea llschnef,'BT~ector ' ' ' / / '
Public Works Administration
MEMORANDUM OF AGREEMENT
among the counties, municipalities, and other coastal governments of
Collier, Lee, Charlotte, Sarasota, and Manatee
regarding
COASTAL BEACH and INLET MANAGEMENT
THIS MEMORANDUM OF AGREEMENT is made and entered into this
day of ., 1999, by, and between, the coastal governments
located in the above named counties, as political subdivisions of the State of
Florida, acting by and through their various Boards, Councils, and
Commissions, the governing bodies thereof; the Southwest Florida Regional
Planning Council (SWFRPC); and the West Coast Inland Navigational District
(WCIND); together comprising a Regional Coastal Advisory Convocation,
hereinafter referred to as the "Convocation".
WITNESSETH:
WHEREAS, Coastal beaches and inlets proximate to the Gulf of Mexico, are a
valuable, natural resource.
WHEREAS, Coastal beaches and inlets are an important component of our local
economv.
WHEREAS, Coastal beaches and inlets are a principal tourist attraction of
regional significance.
WHEREAS, Coastal beaches provide storm protection to a multitude of public,
private, and commercial infrastructures.
WHEREAS, The coastal governments within Collier, Lee, Charlotte, Sarasofa,
and Manatee geographically define the Southwest Florida Coastal Community.
WHEREAS, the counties located within this coastal community have
acknowledged the importance of their coastal beaches and inlets by establishing
various advisory committees, councils, commissions, and/or task forces to
develop and implement coastal beach and inlet management plans appropriate
for their communities.
WHEREAS, the Florida Legislature, through the Department of Environmental
Protection (DEP), has dedicated funding that fosters regional coordination of
all coastal projects, and encourages regional approaches to ensure geographic
coordination and sequencing of prioritized projects.
WHEREAS, the DEP is authorized to implement regional components of the
beach management plan, including entering into agreements with coastal and
waterway governments and authorities to cost share and coordinate Such ....
activities.
MAY 1 11999
WHEREAS, the Convocation recognizes and encourages local coastal advisory
councils as being instrumental in bringing formal recommendations to the
Convocation.
NOW THEREFORE, in accordance with the purposes of this Memorandum of
Agreement, the "Convocation" agrees to work together in implementing a
regional approach to coastal beach management through acceptance and
implementation of the following provisions, goals, and objectives.
SECTION ONE
1. The Convocation recognizes its member Cities and Counties as one coastal
region.
2. The Convocation shall pursue a regional approach to minimizing costs by
coordinating and initiating joint projects.
3. The Convocation encourages an equitable approach to sharing sand sources,
and to this end, has aS a goal evaluation of where sand nourishment is most
needed, and pursuing funding for such areas.
4. The Convocation encourages the pursuit of an ~.ssessment of the regional
scope of sand sources available for renourishment and restoration.
5. The Convocation encourages a process through which all members can
share information and review new and updated technology.
6. The Convocation encourages members-to collectively agree to select an
individual spokesperson to represent actions and initiatives of the
Convocation to the federal and state agencies, to act as the lead person in
organizing Convocation activities, and to promote to the federal and state
agencies partnering opportunities.
7. The Convocation agrees to the SWFRPC to function as the central receiving
agency and records custodian, and to act as the disseminator of information
to its members.
SECTION TWO
1. This agreement shall become effective upon adoption of a resolution,
ordinance, or other suitable means of approval by each participating
coastal government within the Southwest Florida Coastal Community,
specifically adopting the provisions, goals, and objectives of the
Convocation.
2. Each individual coastal governmental approval shall serve as an
authorization to participate in this Memorandum of Agreement, and the
MOA shall be revised to add the name of each participating coastal
- - .o ~
2 MAY 11 1999
3. This agreement may be terminated by any party by providing 60 days
written notice to the Convocation.
IN WITNESS WHEREOF, this Memorandum of Agreement has been
acknowledged and approved by the following coastal governments:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
Pamela S. Mac'Kie, Chairwoman
Date:
ATTEST:
Dwight E. Brock, Clerk
By:
Deputy Clerk
Approved as to form and
legal sufficiency
Heidi F. Ashton
Assistant County Attorney
'PGHAY )F 1
RESOLUTION NO. 99-
2
3 RESOLUTION OF TttE BOARD OF COUNTY COMMISSIONERS OF COLLIER
4 COUNTY, FLORIDA APPROVING A MEMORANDUIM OF AGREEMENT AMONG
5 THE COUNTIES, MUNICIPALI'rlES, AND OTHER COASTAL GOVERN~!ENTS
6 OF COLLIER, LEE, CilARLOTTE, SARASOTA AND MANATEE COUNTIES
7 REGARDING COASTAL BEACII AND INLET MANAGEMENT.
8
9
10 WHEREAS, tile five counties south of Tampa Bay, Manatee, Sarasota, Charlotte,
11 Lee, and Collier, are a recognized geographical unit with common coastal erosion and
12 inlet management problems; and
13 WHEREAS, these counties and comnlunities have evidenced active interest in
14 solving their coastal erosion and inlet n~anagement problems and have cooperated
]5 informally and formally to those ends; and
16 WHEREAS, Chaplet 98-311 Laws of Florida, Ihe 1998 Beach Management Act,
17 requires Ihc Department of Environmental Protection to develop regional beach
18 management plans and 1o provide cncouragemenl, requirements, and funding for
19 coordination and cooperation on a regional level; and
20 WHEREAS, it is in the best interests of the Count.',' to coordinate its beach and
2] inlet management projects at a regional level in order to ensure cost-effective use of
22 financial resources.
23 NOXV. THEREFORE, BE IT RESOLVED BY TItE BOARD OF COUNTY
24 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
25 Section I. The Chairwoman of the Board of Count.,,' Commissioners is aulhorized
26 to sign the Memorandum of Agreement among the counties, municipalities, and other
27 coastal governments of Collier, Lee, Charlotte, Sarasola and Manalee Counties regarding
28 coastal beach and inlet management.
29 Section 2. This Resolution shall take effect immediately upon adoption.
30
31 This Resolution adopted this day of . 1999, after
32 toolion, second and majority vote favoring same.
33 BOARD OF COUNTY COMMISSIONERS
34 OF COLLIER COUNTY, FLORIDA
35
36 By:
37 Pamela S. Mac'Kie, Chairwoman
38
39 ATTEST
40 Dwight E Brock, Clerk
41
42
43 By:
44 Deputy Clerk
45
46 Approvcd as to form and
47 lcgal sufficiency:
50 Hcidi F. Ashton
51 Assistant County Attorney
NAY 111S99
I
EXECUTIVE SUMMARY
AUTHORIZATION TO APPROVE AN EXTENSION OF AN AGREEMENT WITH THE
SOUTHEASTERN LIBRARY NETWORK (SOLINET) AND PERMISSION FOR CHAIRMAN TO
SIGN AGREEMENT
OBJECTIVE: To approve an extension of an agreement with SOLINET, the
sole source of on-line bibliographic catatoging information and inter-
library loan service.
CONSIDERATIONS: The Collier County Public Library has purchased
cataloging and other bibliographic services (interlibrary loans,
retrospective conversion, etc.) for the last ten years. SOLINET (an
OCLC regional supplier) is the sole source for this service in the
Southeastern U.S. Our four computer terminals are connected 24 hours
per day to their main frame computer in Dublin, Ohio. The original
agreement with SOLINET was approved by the BCC on April 15, 1986 and has
been extended annually since then. Prices for principal use of the
system remain unchanged since the extension was approved last year. All
other conditions of the original agreement remain the same.
/-a~ISCAL IMPACT: The total costs for the services provided will be
proximateiV $40,000 in FY1999. The On-line Public Access Catalog
~nstalled in 1993 has eliminated the need to purchase catalog cards from
SOLINET, reducing our annual expenditure while increasing the number of
items processed. Use of SOLINET has allowed the library to process
materials that would require an adaitional six employees (three
professional catalogers and three clerical) were we still operating on a
manual basis. Funds for this contract are available and budgeted within
001-156110, the Library's operating budget.
GROWTH MANAGEMENT IMPACT: Level of Service Standards require that the
Collier County Public Library provide 1.3 books per capita in the
County's Library system. Cataloging must be provided to allow ready
access to the books. Without this contract, it would be impossible to
produce this cataloging without a substantial addition to the staff.
RECOMMENDATION: That the Board of County Commissioners approve .the
extension of the agreement with SOLINET and authorize the chairman to
sign the extension agreement.
PREPARED BY: ~' :
Johh ~. Jones! .~Libr'ary Director
REVIEWED AND l j ~ a~t,/~r~A
/--kPPROVED BY: ~ ~f :
~DATE
Thb~" ublic Services Administr
t
SOliNET"
A NETXVORK OF KNOVVLEDGE
CONTRACT
MEMORANDUM
TO: Director, Collier County Public Library (FNO)
FROM: Catherine Nevins, Executive Director
DATE: 5.lay 15, 1999
SUBJECT: Contract Extension
The Bibliographic Products and Services Agreement between your institution and the
Southeastern Library Network, Inc. (SOLINET) expires May 5, 1999. The present
agreement will be extended until such time as a new base contract is negotiated between
SOLINET and OCLC. Please reaffirm all of the provisions of the existing agreement by
signing both copies in the space below and returning one copy to Rhonda Pollard at the
SOLINET office. Please contact her if you have questions regarding the contract or this
extension.
EXTENSION AGREEMENT
In consideration of the mutual undertakings contained therein, SOLINET and the
undersigned institution hereby agree to extend the Bibliographic Products and Services
Agreement existing between them until May 5, 2000, or the date of execution of a new
Bibliographic Products and Services Agreement between them, whichever date is earlier.
Except for the date of termination of such agreement, SOLINET and institution hereby
reaffirm and ratif>' all terms and provisions of such agreement.
BOARD OF COUNTY C'Ct~ISSIONERS
OF COLLIER COUNTY, FLORIDA SOLINET
By:
PameBa S. Mac'Kie, Chaiavoman"
Date: (~4~b.t,~t___'
ATTEST: B Y:
[Xeight E. Brock, Clerk
TITLE: Executive Director
Approved as to form and legal DATE: April 15,
1999 ' ',',~endi"'it' .~ .....
sufficiency: '
Thomas C, Palmer ....... 1.800.999.8558 ,,, 404. .n,
2~.gs~stant Countv Attorne~
liNET
A NETg.'ORK OF KNOWLEDGE
CONTRACT ,XTSNSmN
MEMORANDUM
TO: Director, Collier County Public Library (FNO)
FROM: Catherine Nevins, Executive Director
DATE: May t5, 1999
SUBJECT: Contract Extension
The Bibliographic Products and Services Agreement between your institution and the
Southeastern Library Network, Inc. (SOLNET) expires May 5, 1999. The present
agreement will be extended until such time as a new base contract is negotiated between
SOLINET and OCLC. Please reaffirm all of the provisions of the existing agreement by
signing both copies in the space below and returning one copy to Rhonda Pollard at the
SOLINET office. Please contact her if you have questions regarding the contract or this
extension.
EXTENSION AGREEMENT
In consideration of the mutual undertakings contained therein, SOLNET and the
undersigned institution hereby agree to extend the Bibliographic Products and Services
Agreement existing between them until May 5, 2000, or the date of execution of a new
Bibliographic Products and Services Agreement between them, whichever date is earlier.
Except for ti~e date of termination of such agreement, SOLNET and institution hereby
reaf~rn,, and ratif)' all terms and provisions of such agreement·
BOARD OF COUNTY CONNISSIONERS
OF COLLIER COUNTY, FLORIDA SOLNET
By:
Pained' a S. Mac' Kie, Chairwoman '
Date: BY:
ATTEST: '
Dwight E. Brock, Clerk
TITLE: Executive Director
Approved as to form and legal DATE: April 15, 1999
sufficiency:
Thom~ C. Palmet ........ 1.800.999,8558
A. ss~ sEant County Attorne~
EXTENSION A/qD A/~ENDMENT OF AGREEMENT
FOR B!BLIOGRAPHIC PRODUCTS AND SERVICES
This extension and amendment of Agreement entered into this
7~ day cf~_~j~, 1991 by and between Southeastern Library
/
Net~crk, Inc., hereinafter referred to as "SOLINET," and the
Cc!lier county Beard cf County Conunissioners, hereinafter referred
W I T N E S S E T H:
~?iEREAS, SOLINET and M~ER have previously entered an
agreement dated April 29, 1986 for the provision of bibliog~a~h~c
produc~s and services by SOLINET to the.Collier County Board of
Ccun~y Cam_7~issioners and the C=~llier County Public Library; and
~ERL~S, said Agreement specified that it would continue for
a ~erm of three (3) years; and
'~EREAS, SOLINET and MEMBER have continued to be bound by
said Agreement a!~hcugh no extensiDn of Agreement has previously
been executed by the parties; and
W~EREAS, SOL!~[ET and MEMBER desire to continue to be bound by
the AEriE 29, 1986 Agreement, as amended, until a new agreement is
ne~cziaEed b~Z-~.'=~n Ehe marries; and
~=~=mq ~- ~ ~=ne~ic~a~ to MEMBER and the zublic interest
as well as zo SC'Li~/ET for the Agreemen~ of April 29, 1986 to be
extended for a fixed ~erm; and
Page ! of 3
~'~ERiL. S, iE is necessary to amend the Agreement of April 29,
1986 =o provide for said extension of this Agreement to be
governed by Florida, not Georgia, law.
NOW, THEREFORE, in consideration of the covenants and
agreemenls provided within the said Agreement dated April 29, 1986
and those further stated herein, the said Agreement of April 29,
1986 is kez'ebv eztended and amended as follows:
!. The Bibliographic Products and Services Agreement dated
~m 2c 1986 is hereby extended until May 5, !99Z
2. Amendment of Section 17. Section 17 of the Agreement is
hereby amended to read in its entirety, as follows:
"This Agreement shall be governed by, subject
zo and construed according to the laws of the
Sta~e of Florida."
Except as expressly provided herein, said Agreement of Apri.
29, 1986 remains in full force and effect according to the terms
and condi=icns contained therein. The said terms and conditions
are applicable hereto except as expressly provided otherwise
herein.
iN i.jZTNESS VJHEREOF, the undersigned, being the duly
au%horized represenzatives of the parties hereto, have executed
this exSension and amendment of Agreement, under seal, as of the
date ~<-cs above written.
SOUTHEASTERN LIBRARY NETWORK, INC.
a/k/a SOLINET
-
Witness Frank P. Grist'am
u Executive Director
/
itnesJ /
ATTEST:,,. BOARD OF COUNTY COPfM!SS!ONERS
James C.'G'i-!es, Clerk COLLIER COUNTY, FLORIDA
ApprOM&d as to form and
legal sufficiency:
.~lafia!'idh '
AssisTant County Attorney
Page 3 of 3 MAY 111999
EXECUTIVE SUMMARY
?PROVAL OF A LEASE AGREEMENT BETWEEN COLLIER COUNTY AND FLORIDA
.,OCK AND SAND COMPANY, INC.
.Q_BAF_.~TA_Y~: Approval of a Lease Agreement between Collier County ("County") and Florida Rock and
Sand Company, Inc. for use of County-owned land.
CONSIDERATION: Florida Rock and Sand Company, Inc. ("Florida Rock") is the contractor for the
State Road 951 road widening project. Florida Rock has petitioned Collier County to utilize the former
Marco Island Toll Booth building, more recently utilized by the Marco Island Coast Guard, for the duration
of the construction project. This site will serve as a construction office and material storage area.
The Lease term shall be for three (3) years with a month-to-month renewal for one (1) year. Collier County
reserves the right to terminate the Lease Agreement with or without cause by providing Florida Rock with
thirty (30) days written notice. In lieu of rent, Florida Rock has agreed to demolish the existing building and
dispose of all demolition debris. Florida Rock shall be responsible for all costs associated with utilizing the
subject property, including, but not limited to, janitorial services and any and all utility charges. Florida
Rock shall provide Collier County with the required insurance policies.
Pursuant to Florida Statute, a Legal Notice was published in the Naples Daily News on November 12 and
to the notice was received by Florida Rock. The Affidavit of Publication concerning this
.dvertisement is filed in the Real Property Management Department.
The attached Lease Agreement was reviewed by the Office of the County Attorney, the Risk Management
Department and the Facilities Management Department.
FISCAL IMPACT: None
GROWTH MANAGEMENT: None
RECOMMENDATION: That the Board of County Commissioners approve the Lease Agreement with
Florida Rock and Sand Company, Inc. and authorize its Chairman to execute same.
PREPARED B · ' ' ? ' DATE:
ecialist, Real Property Management Department
REVIEWED BY:Skip c~or, Facilities Management Department
jEVIEWED BY: ~' ~" ~(~ / "'- DATE:
Leo E~. Ochs, Jr., or, Support Services Division
MAY 1,1 1999
Lease #
.:~..: ;:.
THIS LEASE AGREEMENT entered into this __ day of , 1999,
between Florida Rock and Sand Company, Inc., whose mailing address is 15900 SW 408h~ Street, Florida '
City, Florida 33034, hereinafter referred to as "LESSEE", and COLLIER COUNTY, a political
subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida
34112, hereinafter referred to as "LESSOR". .
WITNES SETH
In consideration of the mutual covenants contained herein, and other valuable consideration, the ':!":
parties agree as follows:
LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR the property
described as Lot 7, Section 4, Township 52, Range 26, hereina~er referred to as the "Demised Premises",
situated in the County of Collier and the State of Florida, for the sole purpose of storing construction "" '
materials and use of the existing building as a construction office. ~:..~
ARTICLE 2. Ie. IXlL.Ofi,f.a~
. :.;!, ,.
LESSEE shall have and hold the Demised Premises for a term of Three (3) years, commencing on ~.': '
the date in which this Agreement is executed by the LESSOR. If LESSEE'S project is not completed
within the Lease term, LESSEE is granted the option, provided it is not in default of any of the terms of
this Lease, to renew same on a month-to-month basis for a term no longer than one (1) year, under the
same terms and conditions as provided herein, by giving written notice of LESSEE'S intention to do so to ::'
the LESSOR not less than thirty (30) days prior to the expiration of the leasehold estate hereby created. : ::"
Said notice shall be effective upon placement of the notice in an official depository of the United States
Post Office, Registered or Certified Mail, Postage Prepaid.
LESSOR reserves the right to terminate this Lease, with or without cause, by providing LESSEE i:77 ;I .
with thirty (30) days written notice to the address set forth in A~icle 13 of this Lease. Said notice shall ~ ........
be effective upon placement of the notice in an official depository of the United States Post Office, i · :~ ! '
Registered or Certified Mail, Postage Prepaid. i ":: :'
,, '~: .; :. ~ -:
ARTICLE3. Rent ::
.-:,
In lieu of rent, prior to the termination or expiration of this Lease, LESSEE shall demolish the :: ! ....
existing building located at the Demised Premises to floor slab and dispose of all demolition debris.
LESSEE is not responsible for removal of underground utilities, hazardous material and/or the removal
or demolition of asbestos abatement.
/ . .,,
ARTICLE 4. Other Expenses and Charges ~ ~,,...
LESSOR shall not provide for any repair, maintenance or improvements in, on or around the ~ I!}~ .i.
Demised Premises. LESSEE acknowledges that the restroom within the Demised Premises is inoperable
due to an obsolete sewage system and LESSEE further agrees that the LESSEE will utilize a portable ~ '?';: '
restroom at LESSEE'S sole cost and expense for the term of this Lease. ~' 5~ ;: -:
LESSEE shall pay all costs associated with the Demised Premises including. but not limited to,
~. !..,,'
janitorial services and any and all utility charges. Utility charges shall include, but shall not be limited
to, electricity, light, heat, air conditioning, power, water, sewer and telephone or other communication i.:; . .'~"
services used, rendered or supplied thereupon or in connection with the Demised Premises. If LESSOR
elects to supply any services, LESSEE agrees to pay the same as additional rent within thirty (30) days of
its receipt of the LESSOR'S bill or invoice. :"
ARTICLE 5. Modifications to Demised Premises ~ '; 4. >.: '-
Prior to making any changes, alterations, additions or improvements to the Demised Premises,
LESSEE will provide to LESSOR all proposals and plans for alterations, improvements, changes or
additions to the Demised Premises for LESSOR'S written approval, specifying in writing the nature and
extent of the desired alteration, improvement, change, or addition, along with the contemplated starting ~i :i',.i: ':, :
and completion time for such project. LESSOR or its designee will then have sixty (60) days within !:
; )::i,1 1999
" " ....
· .. I~ )~.i['}: ' -
which to approve or deny in writing said request for changes, improvements, alterations or additions. C.iill~ .
LESSOR shall not unreasonably withhold its consent to required or appropriate alterations,
improvements, changes or additions proposed by LESSEE. If after sixty (60) days there has been no
response from LESSOR or its designee to said proposals or plans, then such silence shall be deemed as a
denial to such request to LESSEE. :;..
LESSEE 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 Demised Premises, to observe and comply with all then and future applicable laws,
ordinances, rules, regulations, and requirements of the United States of America, State of Florida, ':'
County of Collier, and any and all governmental agencies.
All alterations, improvements and additions to said Demised Premises shall at once, when made or
installed, be deemed as attached to the freehold and to have become property of LESSOR. Prior to the
termination of this Lease or any renewal term thereof, or within thirty (30) days thereafter, if LESSOR so
directs, LESSEE shall promptly remove the additions, improvements, alterations, fixtures and
installations which were placed in, on, or upon the Demised Premises by LESSEE, and repair any
damage occasioned to the Demised Premises by such removal; and in default thereof, LESSOR may
complete said removals and repairs at LESSEE'S expense.
LESSEE covenants and agrees not to use, occupy, suffer or permit said Demised Premises or any
part thereof to be used or occupied for any purpose contrary to law or the rules or regulations of any
public authority.
ARTICLE 6. Access to Demised Premises
LESSOR, its duly authorized agents, representatives and employees, shall have the right after ...
reasonable notice to LESSEE, to enter into and upon the Demised Premises or any part thereof at all . .
reasonable hours for the purpose of examining the same and making repairs or providing services
therein, and for the purposes of inspection for compliance with the provisions of this Lease Agreement.
ARTICLE 7. Assignment and Subletting
LESSEE covenants and agrees not to assign this Lease or to sublet the whole or any part of the
Demised Premises, or to permit any other persons to occupy same without the written consent of
LESSOR. Any such assignment or subletting, even with the consent of LESSOR, shall not relieve : -
LESSEE from liability for payment of rent or other sums herein provided or from the obligation to keep
and be bound by the terms, conditions and covenants of this Lease. The acceptance of rent from any
other person shall not be deemed to be a waiver of any of the provisions of this Lease or to be a consent ~' ,'
to the assignment of this Lease or subletting o/' the Demised Premises.
ARTICLE 8. Indemni_ty
LESSEE, in consideration of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby ,.
acknowledged, shall indemnify, defend and hold harmless LESSOR, its agents and employees from and
against any and all liability (statutory or otherwise), damages, claims, suits, demands, judgments, costs,
interest/and expenses (including, but not limited to, attorneys' fees and disbursements both at trial and
appellllte 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) LESSEE'S use of the Demised
Premises, (B) any work or thing whatsoever done, or any condition created (other than by LESSOR, its
employees, agents or contractors) by or on behalf of LESSEE in or about the Demised Premises, (C) any ~i.,
condition of the Demised Premises due to or resulting from any default by LESSEE in the performance
of LESSEE'S obligations under this Lease, or (D) any act, omission or negligence of LESSEE or its ,. ~..
agents, contractors, employees, subtenants, licensees or invitees. In case any action or proceeding is
brought against LESSOR by reason of any one or more thereof, LESSEE shall pay all costs, attorneys'
fees, expenses and liabilities resulting therefrom and shall defend such action or proceeding if LESSOR ~ ('~i ~:'
shall so request, at LESSEE'S expense, by counsel reasonably satisfactory to LESSOR.
The LESSOR shall not be liable for any injury or damage to person or property caused by the
elements or by other persons in the Demised Premises, or from the street or sub-surface, or from any ""
other place, or for any interference caused by operations by or for a governmental authority in
construction of any public or quasi-public works. ~- :,.,~ :~
The LESSOR shall not be liable for any damages to or loss of, including loss due to petty theft,
any property, occurring on the Demised Premises or any part thereof, and the LESSEE agrees to hold the
LESSOR harmless from any claims for damages, except where such damage or injury is the result of the
gross negligence or willful misconduct of the LESSOR or its employees. '~ ':~'
"'11 1999
LESSEE shall provide and maintain general liability and property liability insurance policy(ies), .i ....
approved by the Collier County Risk Management Department, for not less than One Million Dollars and
No/Cents ($1,000,000.00) combined single limits during the term of this Agreement. In addition,
LESSEE shall provide and maintain Worker's Compensation Insurance covering all employees meeting
Statutory Limits in compliance with the applicable state and federal laws. The coverage shall include ....
Employer's Liability with a minimum limit of One Hundred Thousand Dollars and No/100 Cents ;'
($100,000.00) each accident. 'i
Such insurance policy(ies) shall list Collier County as an additional insured thereon. Evidence of
such insurance shall be provided to the Collier County Risk Management Department, 3301 East '::i
Tamiami Trail, Administration Building, Naples, Florida, 34112, for approval prior to the :
commencement of this Lease Agreement; and shall include a provision requiring ten (10) days prior .;
written notice to Collier County c/o County Risk Management Department in the event of cancellation or
changes in policy(ies) coverage. LESSOR reserves the righl to reasonably amend the insurance
requirements by issuance of notice in writing to LESSEE, whereupon receipt of such notice LESSEE
shall have thirty (30) days in which to obtain such additional insurance.
ARTICLE 10. Maintenance "';,
LESSEE shall, at its sole cost and expense, keep the Demised Premises clean at all times. If said
Demised Premises are not kept clean in the opinion of LESSOR, LESSEES manager will be so advised
in writing. If corrective action is not taken within twenty (20) days of the receipt of such notice,
LESSOR will cause the same to be cleaned and corrected and LESSEE shall assume and pay all
necessary cleaning costs and such costs shall constitute additional rent which shall be paid by LESSEE ::..
within ten (10) days of receipt of written notice of costs incurred by LESSOR. '.5"
The LESSEE, at its sole cost, shall repair all damage to the Demised Premises caused by LESSEE,
its employees, agents, independent contractors, guests, invitees, licensees, or patrons. .
The LESSEE, at its sole cost, shall remove from the Demised Premises in accordance with all
applicable rules, laws and regulations, all solid, liquid, semisolid, and gaseous trash and waste and refuse
of any nature whatsoever which might accumulate and arise from the operations of the LESSEE'S
business. Such trash, waste and refuse shall be stored in closed containers approved by the LESSOR.
ARTICLE 11. ~ ' '
Failure of LESSEE to comply for ninety (90) days with any material provision or covenant of this :"'-
Lease shall constitute a default, LESSOR may, at its option, terminate this Lease after thirty (30) days
written notice to LESSEE, unless the default be cured within the notice period (or such additional time as .;' ·
is reasonably required to correct such default). However, the occurrence of any of the following events
shall constitute a default by LESSEE, and this Lease may be immediately terminated by LESSOR:
(a) Abandonment of Demised Premises or discontinuation of LESSEE'S operation.
,(b) Falsification of LESSEE or an agent of LESSEE of any report required to be furnished to
LESSOR pursuant to the terms of this Lease.
.,, .:'
(c) Filing of insolvency, reorganization, plan or arrangement or bankruptcy. :;.
(d) Ad}udication as bankrupt. :
(e) Making of a general assignment of the benefit of creditors.
(f) If LESSEE suffers this Lease to be taken under any writ of execution.
In the event of the occurrence of any of the foregoing defaults in this ARTICLE, LESSOR, in
addition to any other rights and remedies it may have, shall have the immediate right to re-enter and
remove all persons and property from the Demised Premises. Such property may be removed and stored -
in a public warehouse or elsewhere at the cost of and for the account of LESSEE, all without service of
notice or resort to legal process and without being deemed guilty of trespass, or being liable for any loss .*
or damage which may be occasioned thereby. :.. _., .,.
The LESSOR may at its option terminate this Lease after receipt by LESSEE of thirty (30) days notice in ,,v ~...,',:
writing if a lien is filed against the leasehold interest of the LESSEE, and not removed within thirty (30)
days, pursuant to the Florida Mechanics Lien Law.
ARTICLE 12. ~ ,.:z. ':
; .,
LESSOR shall in no event be charged with default in the performance of any of its obligations [ ,-~.,
hereunder unless and until LESSOR shall have failed to perform such obligations within thirty (30) days
(or such additional time as is reasonably required to correct such default) after notice to LESSOR by
LESSEE properly specifying wherein LESSOR has failed to perform any such obligations.
ARTICLE 13. lqotices ;z
Any notice which LESSOR or LESSEE may be required to give to the other party shall be in .:~
writing to the other party at the following addresses: : ?!..
LESSOR: LESSEE: : '
Board of County Commissioners Florida Rock and Sand Company, Inc.
c/o Real Property Mgmt. Dept. 15900 SW 408~h Street
3301 Tamiami Trail East Florida City, Florida 33034 '~'
-.-~..
Administration Building
Naples, Florida 34112 Attention: Vice President of Construction -
:.
ee: Office of the County Attorney '~.,'
Facilities Management Department Director "I'.
.~ :.
ARTICLE 14. Surrender of Premises
LESSEE shall deliver up and surrender to LESSOR possession of the Demised Premises at the
termination of this Lease, or its earlier termination as herein provided, broom clean and in as good -
condition and repair as the same shall be at the commencement of the term of this Lease or may have
been put by LESSOR or LESSEE during the continuance thereof, ordinary wear and tear and damage by !'
fire or the elements beyond LESSEE'S control excepted. "~':-
|, -
LESSEE shall demolish the existing building located at the Demised Premises to floor slab and
dispose of all demolition debris. LESSEE is not responsible for removal of underground utilities,
hazardous material and/or the removal or dem61ition of asbestos abatement. ! ...,.. .
ARTICLE 15. General Provisions
LESSEE expressly agrees for itself, its successor and assigns, to refrain from any use of the '~ ':"..
Demised Premises which would interfere with or adversely affect the operation or maintenance of
LESSOR'S standard operations where other operations share common facilities.
(a) Rights not specifically granted the LESSEE by this Lease are hereby reserved to the LESSOR. "~' -'
(b) LESSEE agrees to pay all sales tax imposed on the rental of the Demised Premises where
applicable under law. ""~
(c) LESSEE agrees to pay all intangible personal property taxes that may be imposed due to the :"
/ i by this Lease, of a leasehold interest in the Demised Premises or LESSEE'S possession
ereat on,
of said leasehold interest in the Demised Premises. '
ARTICLE 16. Environmental Concerns ::
LESSEE represents, warrants and agrees to indemnify, reimburse, defend and hold harmless "-
LESSOR, from and against all costs (including attorneys fees) asserted against, imposed on or incurred ~ .'.;~'
by LESSOR 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.
ARTICLE 17. Ration Gas , .',--,
In compliance with Section 404.056, Florida Statutes, all parties are hereby made aware of the ~ I,, ,.
following: ~ :'.;,'
Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in
sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of
radon that exceed federal and state guidelines have been found in buildings in Florida· Additional
information regarding radon and radon testing may be obtained from your County Public Health
? HAY 9 g
zl
All persons to whom these presents may come are put upon notice of the fact that the interest of
the LESSOR in the Demised Premises shall not be subject to liens for improvements made by the
LESSEE, and liens for improvements made by the LESSEE are specifically prohibited from attaching to ,_ . .
or becoming a lien on the interest of the LESSOR in the Demised Premises or any part of either. This ·
notice is given pursuant to the provisions of and in compliance with Section 7 13.10, Florida Statutes. ....
ARTICLE 19. ~
This Lease shall become effective upon execution by both LESSOR and LESSEE. "-
ARTICLE 20. ~
This Lease shall be governed and construed in accordance with the laws of the State of Florida.
IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals. :,,,
AS TO THE LESSOR:
DATED:
"
ATTEST: BOARD OF COUNTY COMMISSIONERS ;' ': ':"
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA i "L" '
BY:
, Deputy Clerk Pamela S. MacKie, Chairwoman
AS TO LESSEE: FLORIDA ROCK AND SAND COMPANY, INC.
TE,: I _I:_~
a u ~ STEVE TO~CISE, Jl~. Pr sident
(print name)
w~~2c ~__~L~_~-s>-t~-tt~- ~-~o~~ ,-4/'119q .-'
MAGGIE FOX
(print name) ~t carom ~,~. ~rax~s
Approved as to form and '{ '
le~/.~fiiencY/
Hekfi F. Xshton' '
Assistant County Attorney
::
.,: .:
..1~.
:::.:,.:'..'
i y_lJ 1999
EXECUTIVE SUMMARY
APPROVAL OF 800 MHz RADIO SYSTEM MODIFICATIONS AND THE PURCHASE
CONTRACT' TO ACHIEVE YEAR 2000 READINESS.
OBJECTIVE: Approval of 800 MHz radio system modifications and the purchase contract to
achieve year 2000 readiness.
CONSIDERATION: Ericsson Inc. established a multi-step process to assure year 2000 readiness
in trunked radio systems. An audit of all components in the radio system was completed and
submitted to Ericsson. Ericsson evaluated the audit and provided a proposal to Collier County
identifying components requiring modifications. The proposal provides necessary hardware,
installation services, and warranty services. Software upgrades are provided at no cost in
accordance with the existing software services agreement. The Y2K proposal submitted to Collier
County included a standard purchase contract.
County staff has determined that the purchase contract is in several aspects unfairly weighted in
favor of the vendor. Modifications to contract language were requested by the County Attorney's
Office and rejected by Ericssson Inc. The most significant area of concern was a requirement that
if any disputes result in arbitration, the arbitration will take place in Virginia. The County's
objections to this provision were submitted in writing, at the direction of the County Attorney's
Office, in order to substantiate the County's position in the event of arbitration.
Given the unique nature of the entire Y2K process and the need to assure that the radio system is
Y2K compliant, staff is recommending approval of the modifications and purchase contract. As a
result of Collier County's extensive review of the Y2K proposal, Ericsson Inc. has extended the
valid date for Collier's proposal until May 15, 1999.
FISCAL IMPACT: Total cost of Y2K improvements is $161,241 excluding three years of
Software Services previously approved by the Board. The improvements will be funded from
Fund 188, the $12.50 allocation from each moving traffic violation ticket. Fund 188 is the
operating fund for the 800 MHz radio system; funds are available in reserves.
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: That the Board of County Commissioners approve modifications to the
800 MHz radio system to achieve year 2000 readiness and the purchase contract, and approve
the necessary budget amendments.
SUBMITTED BYi~.~"c' d/~;'~:-v/._~ . . Date:
REVIEWED BY fo~Rad~o ~
'W~lf'dam"~~ion Tech~'o~
L . Och~ j~ Ad inistrator, Supp6rt Services
MAY 1 I 1999
PURCHASE CONTRACT
THIS PURCHASE CONTRACT ("Contract") is made and entered into this 11 day of May __ 1999 ("Effective Date"), by and between
(hereinafter referred to as the "Buyer") and ERICSSON INC., a Delaware
corporation (hereinafter referred to as "Seller").
RECITALS:
R-1. Buyer previously purchased certain radio communications systems
products that were either manufactured by the Private Radio Systems
Division ("PRS") of Seller, or were branded for PRS and use PRS
application software (collectively defined herein, exclusive of the Vendor
Products and Excluded Products defined below, the "PRS Manufactured
Products"). Together with the PRS Manufactured Products, Buyer may
also be using components forming a communications system (the "Buyer's
System").
R-2. Buyer has either: (i) prepared, or (ii) previously reviewed and approved
the preparation and delivery of an audit form with an inventory of the PRS
Manufactured Products and other products and components that Buyer is
using. A copy of the inventory audit form is attached hereto this Contract
as Exhibit A and incorporated herein by reference (the "Audit Form").
R-3. Seller has reviewed the information on the Audit Form and has classified
the products shown on the Audit Form into one or more of the following
five categories:
Category 1 - PRS Manufactured Products currently listed in the 1998
PRS Products and Services Catalog issued 5/1/98 (the "Current PRS
Manufactured Products").
Category 2 -Third party vendor products also currently listed in the 1998
PRS Products and Services Catalog (the "Current Vendor Products").
Category 3 - PRS Manufactured Products that are no longer listed in the
1998 PRS Products and Services Catalog (the "Non-Current PRS
Manufactured Products").
Category 4 - Third party vendor products that were previously but are no
longer listed in the PRS Products and Services Catalog (the "Non-Current
Vendor Products").
9r24/98 9:25 a.m.
Category S - Third party products that do not fall in any of the four
Categories listed above including, but not limited to, components and
services linking the Buyer's System to other products or systems (the
"Excluded Products").
For purposes of this Contract, the Current PRS Manufactured Products
(Category 1) and the Non-Current PRS Manufactured Products (Category
3) shall be hereinaffer collectively defined as the "PRS Manufactured
Products". For purposes of this Contract, the Current Vendor Products
(Category 2) and the Non-Current Vendor Products (Category 4) shall be
hereinafter collectively defined as the "Vendor Products").
1t4. Seller has delivered to Buyer a proposal dated Jan 31, 1999 and with
MBP #XXXXX (the "Seller Proposal") in which Seller offered to replace
certain PRS Manufactured Products with Current PRS Manufactured
Products (the "PRS Replacement Products") and, if indicated on the Audit
Form, to replace certain Vendor Products with new Vendor Products (the
"Vendor Replacement Products"). A copy of Seller's Proposal is attached
hereto this Contract as Exhibit B and incorporated herein by reference.
The PRS Replacement Products and the Vendor Replacement Products
(if any) shall hereinafter collectively be referred to as the "Products".)
R-5. Seller is prepared to offer its Year 2000 Readiness warranty (as defined
herejn) for the PRS Replacement Products and those PRS Manufactured
Products (in Categories 1 and 3) in Buyer's System that are not replaced
by Seller. With respect to the Vendor Products and Excluded Products,
Seller gives no Year 2000 Readiness Warranty but Seller will pass
through the Year 2000 Readiness warranty, if any, that it receives from the
other vendors.
R-6. Buyer has accepted Seller's Proposal, based upon this Contract with
Seller, to provide Buyer with the PRS Replacement Products, the Vendor
Replacement Products (if applicable), and other services as set forth in
Seller's Proposal.
R-7. Buyer and Seller desire to enter into this Contract to set forth in writing
their respective rights, duties and obligations with respect to the PRS
Manufactured Products and other Buyer's System components sold by
Seller whether under this Contract or previously. Because Buyer's
System may be at risk with respect to certain Year 2000 Readiness issues
due to certain third party products, such as the Vendor Products and
Excluded Products, this Contract also provides certain protections for
Seller with respect to such third party risks.
O:a. eg.~/Co=.cn'2KCo..~c,.Uo.~es,icn..Ive,~io..doc2 HAY 1t 1999
9/24/98 9:25 a.m. Pg, ~
NOW, THEREFORE, WITNESSETH that for and in consideration of the
mutual promises contained herein and other good and valuable
consideration, the sufficiency and receipt of which are hereby acknowledged,
it is mutually agreed between the parties that the Recitals are incorporated
herein by reference and that the following terms and conditions shall apply:
1. Purchase and Sale
Seller agrees to sell and Buyer agrees to purchase the following items (if
included and if applicable in accordance with the terms of Seller's Proposal):
A. The PRS Replacement Products in the quantities and at the prices
identified in Seller's Proposal;
B. The Vendor Replacement Products in the quantities and at the prices
identified in Seller's Proposal;
C. The installation services in the quantities and at the prices identified in
Seller's Proposal;
D. The software services in the quantities and at the prices identified in
Seller's Proposal and subject to the terms and conditions of the
EDACS FX Agreement attached hereto as Exhibit C and incorporated
-- herein by reference (the "EDACS FX Agreement"). If applicable, the
, EDACS FX Agreement shall be executed by Buyer and Seller
sjmultaneously with the execution of this Contract.
E. The training courses, if any, shall be provided by Seller in the
'quantities, at the locations and for the prices set forth in Seller's
Proposal.
Seller agrees to provide the Products and deliver the services to Buyer in
accordance with the installation schedule to be mutually agreed upon and
attached hereto as Exhibit D and incorporated-herein by reference (the
"Schedule").
2. Buyer's Obligations:
A. The Buyer's obligations set forth in this Contract shall be performed by
Buyer in a timely and complete manner in accordance with the Schedule,
or as otherwise mutually agreed upon by Buyer and Seller in writing, to
allow Seller to timely perform its obligations under this Contract. In
addition to any other obligations specifically identified in Seller's Proposal
and this Contact and in Exhibit F, Supplemental Responsibilities, attached
hereto and incorporated herein by reference, Buyer shall have the
""- following obligations:
/
1. Buyer shall designate a project manager CBuyer's Project Manager")
to act as Buyer's primary interface with Seller. If Buyer's Project
Manager is not a technically qualified member of Buyer's Year 2000
Task Force, Buyer shall also make available to Seller a technically
qualified member of that Buyer's Year 2000 Task Force or Buyer's
Year 2000 consultant, which technically qualified person shall be
called "Buyer's Y2K Expert";
2. Buyer shall provide ready access to all sites and facilities owned,
leased or otherwise controlled by Buyer CBuyer's Facilities");
3. Buyer's Project Manager shall participate with 'Seller in the
preparation of the project planning and the Schedule. Buyer's Y2K
Expert shall devise for Buyer (and assure Seller that Buyer has) a
sufficient solution to the Year 2000 Readiness issues as to all Vendor
Products, Excluded Products and interactive systems linked to
Buyer's System. Buyer's Y2K Expert shall also be available to
receive on behalf of Buyer any warnings as Seller may (but shall not
be obligated to) provide about Vendor Products and Excluded
Products or other Year 2000 Readiness concerns, and Buyer shall
then work with Buyer's Y2K Expert to address those warnings or
concerns, so that Seller's Products can function as contemplated
without impairment by Vendor Products, Excluded Products or
interactive systems linked to Buyer's System or other factors outside
Seller's scope of work in this Contract;
4. Buyer shall provide, at Buyer's expense, all modifications to Buyer's
Facilities, if any, specifically set forth in Seller's Proposal, including,
but not limited to, electrical system changes, UPS installation, HVAC
changes, console furniture changes, etc. All such modifications shall
be provided by Buyer in a good and workmanlike manner and in
accordance with the dates set forth in the schedule;
5. Buyer shall also be solely responsible for the Year 2000 Readiness
of all Excluded Products and other interactive systems linked to
Buyer's System;
6. Buyer shall provide, at Buyer's expense, electricity for Seller to use to
install applicable Products;
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7. Buyer shall obtain, at Buyer's expense, all permits and licenses from
any federal, state or local government authority to perform work at
Buyer's Facilities, together with any modifications required to Buyer's
Federal Communications Commission (FCC) licenses, if any,
necessary for the operation of any Products purchased under this
Contract; and
8. If not purchased from Seller, Buyer shall provide to its users Product
training. Buyer's Y2K Expert shall also explain to Buyer's personnel
who have a need to know about the relevant Year 2000 Readiness
issues, including any concerns identified by Seller, such as the risk
that even though Seller's Products function as expected Buyer's
System may not function effectively if Vendor Products or Excluded
Products or other interactive systems linked to Buyer's System are
not Year 2000 Ready.
9. Buyer represents and warrants that Buyer and Buyer's Y2K EXpert
have read and reviewed the information contained in the Audit Form
and that the information contained in the Audit Form is accurate and
complete and Buyer knows of no other product or equipment that
should be listed on the Audit Form.
10. Buyer represents and warrants that it has consulted with Buyer's Y2K
Expert or other qualified advisors about the risks to the functioning of
Buyer's System if Vendor Products or Excluded Products or other
interactive systems linked to Buyer's System are not Year 2000
Ready.
3. Seller's Obligations
A. Subject to Buyer performing its reciprocal obligations in a timely and
workmanlike fashion, Seller's obligations set forth in this Contract shall be
performed by Seller in a timely and workmanlike fashion in accordance
with the Schedule, or as otherwise mutually agreed upon by Buyer and
Seller in writing.
B. In addition to the other obligations specifically identified in Seller's
Proposal and this Contract and in Exhibit F, Supplemental
Responsibilities, attached hereto and incorporated herein by reference,
Seller shall have the following obligations:
1. Seller shall designate a project manager CSeller's Project Manager")
to act as Seller's primary interface with Buyer;
O: eg. co...c v2KCo...c,.dom.,i .a,v.,io..doc5 MAY 1.1 1999
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2. Seller's Project Manager shall participate with Buyer in the
preparation of the project planning and the Schedule; and
3. After installation and functional testing of the Products in accordance
with the Functional Test Plan attached hereto as Exhibit E and
incorporated herein by reference, Seller shall install the current
revision software and "Year 2000 Ready" (as hereinafter defined in
Paragraph 11) revision software for the PRS Manufactured Products
and the PRS Replacement Products. Buyer shall retain exclusive
responsibility for assuring that all Vendor Products and Excluded
Products and interactive systems linked to Buyer's System are Year
2000 Ready, so that (among other things) Buyer's System shall not
fail to function as expected for reasons associated with the Vendor
Products or Excluded Products or interactive systems or other causes
beyond Seller's control within the scope of this Contract.
4. Delivery, Title and Risk of Loss
The Product shipping dates are approximate and are based upon prompt
receipt of all necessary information. Delivery will be made F.O.B. point of
shipment to Buyer. Shipping and handling charges will be paid by or billed
to the Buyer. Title to all Products and risk of loss or damages passes to
Buyer upon delivery to the carrier.
5. Taxes
In addition to any price specified herein, Buyer shall pay the gross of any
present or future sales, use, excise, value-added, or other similar tax
applicable to the price, sale or any Products or services furnished
hereunder or to their use by Seller or Buyer, or Buyer shall otherwise
furnish Seller with tax exemption certificates acceptable to all applicable
taxing authorities.
6. Terms of Payment, Late Charges
Ten percent (10%) of the price of all Products and services set forth in
Seller's Proposal shall be paid by Buyer within thirty (30) days after the
Effective Date of this Contract.
A. The remaining Ninety Percent (90%) of the price of Products will be
billed as Product shipments are made and payment is due 30 days
from the date of the invoice.
MAY 1 t 1999
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/t
B. The remaining Ninety (90%) of the price for each installation service
associated with the installation of a particular Product will be billed
upon completion of the installation and applicable functional testing of
the Product and will be due 30 days from the date of invoice.
C. One hundred percent (100%) of the price of the Software Services set
forth in the EDACS FX Agreement shall be paid by Buyer within thirty
(30) days after the Effective Date of this Contract.
D. One hundred percent (100%) of the price of any training courses to be
provided by Seller shall be paid by Buyer to Seller not less than thirty
(30) days prior to the scheduled date of the training course.
E. If manufacture or shipment of Products is delayed by the Buyer,
payment of the remainder of the Product price shall become
immediately due. Products held for the Buyer shall be at Buyer's risk
and expense.
F. If invoices are not paid when due, Buyer agrees to pay monthly late
charges at the lesser rate of one and one-half percent (1.5%) or the
lawful maximum late charge on the unpaid delinquent balance.
G. If Buyer defaults and this Contract is placed with an attorney for
collection, enforcement or defense, Buyer agrees to pay all reasonable
attorney's fees and other collection charges incurred by Seller to
collect any monies owed by Buyer to Seller under this Contract.
H. Seller's obligation to continue performance of any and all obligations
under this Contract is automatically suspended to the extent that any
payment or other performance owed to Seller is not made when due.
9/24/98 9:25 a.m.
PO.
7. Security Title
Security title and right of possession without legal process of the Products
sold hereunder shall remain with the Seller until all payments hereunder shall
have been indefeasibly made in cash and the Buyer agrees, upon request
from Seller, to do all acts necessary to perfect and maintain such right and
security. In particular, Buyer grants and assigns to Seller a first priority
security interest in and to all Products (including all PRS Manufactured
Products) as security for all obligations and liabilities of Buyer to Seller in
connection with this Contract (and any supplements hereto which may arise
at any time in connection with the Buyer's System), and Buyer shall execute
and delivery to Seller such UCC financing statements and other documents
as may be necessary or requested by Seller to perfect or further secure such
collateral. Seller shall have all of the rights and remedies of a secured party
under the Uniform Commercial Code as applicable in Virginia.
8. ' Delays
Seller shall not be liable for delays in delivery or performance or for failure to
manufacture or deliver or perform due to: (i) causes beyond its reasonable
control, or (ii) acts of God, acts of Buyer, acts of civil or military authority,
governmental priorities, strikes or other labor disturbances, floods,
ep[.demics, war, riot, delays in transportation or car or other transport
shortages, or (iii) inability on account of causes beyond the reasonable
control'of Seller or its vendors or suppliers to obtain necessary materials,
components, services, or facilities including Vendor Replacement Products
and other Products; or (iv) the failure of any Excluded Products or Vendor
Products or any interactive Systems linked to Buyer's System or other
property or systems relied upon by Buyer, to be Year 2000 Ready or for
other factors beyond Seller's reasonable control, including the failure of any
supporting or related system or function which may adversely affect Buyer's
System or Seller's Products. In the event of any such delay, the date of
delivery or of performance shall be extended for a period which is equitably
sufficient or mutually agreed to place Seller in the same position as
performance without such delay; provided, however, that the minimum
amount of such extension shall be at least equal to the time lost by reason of
the delay.
s NAY 111999
9/24/98 9:25 a.m. ~
-- 9. Coverage, Interference, Year 2000 and Third Party Facilities.
Representations concerning the distance at which usable radio signals will
be transmitted and received by the Products supplied hereunder (or as to
Year 2000 Readiness) shall not be binding upon the Seller unless
explicitly and specifically set forth in writing in Seller's Proposal. Radio
signals are subject to degradation of service from natural phenomena and
other causes beyond the reasonable control of the Seller such as motor
ignition and other electrical noises, and interference from other users
assigned to the same or adjacent frequencies. The Seller cannot be
responsible for interference or disruption of service caused by operation of
other radio equipment or by natural phenomena or by motor ignition or
other interference over which there is no reasonable control. Such
interference and noise may be minimized by addition (at Buyer's expense)
of corrective devices adapted for particular locations and installations.
Seller may make recommendations as to the use of such devices;
. however, total freedom from noise and interference cannot be guaranteed.
Similarly, Seller shall not be responsible for defects or nonperformance
with respect to any Vendor Products or Excluded Products in Buyer's
System or with respect to any other system or components linked or
integrated with or into Buyer's System, whether as to their Year 2000
*---- Readiness or otherwise, even though the effect of such defect or
nonperformance is that Buyer's System itself (including Seller's Products)
are thereby disabled from performing as desired by Buyer. In the event
Buyer utilizes facilities or services supplied by others, such as common
carrier services and shared services, Seller shall have no responsibility for
the availability or adequacy of any such facilities or services including
because of any Year 2000 Readiness problems experienced by any other
party or any of its products or vendors or other suppliers. Buyer
acknowledges and agrees that Seller shall not be directly or indirectly
liable or responsible if Buyer's System is not Year 2000 Ready in time for
Year 2000 (or such earlier date as may be applicable to similar date
related software or firmware programming problems), subject to the limited
warranty in Paragraph 11. Prompt and timely, complete, and accurate
responses by Buyer are essential to both the Audit Form and to Seller's
Proposal, and Buyer acknowledges that the availability of necessary
components and services may be already declining in anticipation of the
Year 2000 and related risks and problems.
co. c,.do, es,i e io..do= 9 HAY 11 1999
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g.
10. Warranty
A. Seller warrants to Buyer that PRS Replacement Products furnished
by Seller shall be free from defects in material, workmanship and
title, and shall conform to the PRS Replacement Product's
published specifications. With respect to any Vendor Replacement
Products (and unreplaced Vendor Products), SELLER GIVES NO
WARRANTY, SELLING "AS IS," AND ONLY THE WARRANTY, IF
ANY, GIVEN BY THE MANUFACTURER OF THE VENDOR
REPLACEMENT PRODUCTS SHALL APPLY. Seller shall have no
responsibility or liability for or on account of any Excluded Products
or unreplaced PRS Manufactured Products or Vendor Products or
any other supporting or related services or systems on which Buyer
relies, whether consisting of hardware, software, firmware or
otherwise, and Seller does not warrant the performance of the
Buyer's System as a whole (as distinguished from the components
for which Seller is so warranting).
B. For purposes of the warranty set forth in Paragraph 10.A above, the
nickel-cadmium batteries supplied by Seller shall be deemed
defective if: (1) the battery capacity is less than 80% of rated
capacity; or (2) the battery develops leakage. Replacement
batteries shall be warranted only for the remaining unexpired
portion of the one year warranty period. This warranty becomes
void if: (1) the battery has been subjected to any kind of misuse,
detrimental exposure, or has been involved in an accident, or
(2) the battery is used in equipment or service other than the PRS
Replacement Product for which it is specified.
C. Seller's obligations set forth in Paragraph 10.D below shall apply
only to failures of the PRS Replacement Products to meet the
above warranties (except as to title) occurring within the following
periods of time from date of delivery to the Buyer, and are
conditioned on Buyer's giving written notice to Seller within thirty
(30) days of the occurrence of such failure:
1. for fuses, and non-rechargeable batteries, operable on
arrival only;
2. for parts and accessories (except as noted in C. 1 above)
ninety (90) days; and
3. for all other PRS Replacement Products, one (1) year.
9/24/98 9:25 a.m.
D. If any PRS Replacement Product fails to meet the foregoing
warranties, Seller shall correct the failure at its option: (i) by
repairing any defective or damaged part or parts thereof; or (ii) by
making available at Seller's factory any necessary repaired or
replacement parts. Any repaired or replacement part furnished
hereunder shall be warranted for the remainder of the warranty
period of the PRS Replacement Product in which it is installed.
Where such failure cannot be corrected by Seller's reasonable
efforts, the parties will negotiate an equitable adjustment in price
not to exceed the purchase price of the PRS. Replacement
Product(s) in question. Labor to perform warranty service will be
provided at no charge only for the PRS Replacement Products
covered under Paragraph C.3 above and only during the first three
(3) months following the date of delivery of the PRS Replacement
Product to the Buyer, Thereafter, labor will be charged at prevailing
rates. To be eligible for no-charge labor, service must be
performed by a service provider authorized by Seller for these
purposes, either at its place of business, during normal business
hours for mobile or personal equipment, or at the Buyer's location,
for fixed location equipment. Service on fixed location equipment
more than thirty (30) miles from the authorized service provider's
_A place of business will include a charge for transportation. PRS
Replacement Products located off-shore are not eligible for no-
charge labor.
E. Seller's obligations under Paragraph 10.D above shall not apply to
any PRS Replacement Product, or part thereof, which: (i) has been
modified or otherwise altered other than pursuant to Seller's written
instructions or written approval; or (ii) is normally consumed in
operation; or (iii) has a normal life inherently shorter than the
warranty periods specified in Paragraph 10.C above; or (iv) is not
properly stored, installed, used, maintained or repaired; or (v) has
been subjected to any other kind of misuse or detrimental exposure
or has been involved in an accident; or (vi) has been disabled or
adversely affected by any Vendor Product or Excluded Product or
other cause beyond Seller's control, including any Year 2000
Readiness issues, such as those to be addressed for Buyer by
Buyer's Y2K Expert.
F. The warranty for any software provided by Seller is set forth in the
EDACS FX Agreement.
G. EXCEPT FOR THE TERMS OF THE YEAR 2000 READINESS
WARRANTY SET FORTH IN PARAGRAPH 11 BELOW, THE
PRECEDING PARAGRAPHS SET FORTH THE EXCLUSr/~
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9 4,989:25 m, NAY 11 1999
BUYER REMEDIES FOR CLAIMS (EXCEPT AS TO TITLE)
BASED UPON DEFECTS IN OR NONCONFORMITY OF THE
PRS REPLACEMENT PRODUCTS, WHETHER THE CLAIM IS IN
CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE),
STRICT LIABILITY OR OTHERWISE, AND HOWEVER ARISING
OR INSTITUTED. UPON THE EXPIRATION OF THE
APPLICABLE WARRANTY PERIOD, ALL SUCH LIABILITY OF
SELLER SHALL TERMINATE. THE FOREGOING WARRANTIES
ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES,
WHETHER ORAL, WRITFEN, EXPRESSED, IMPLIED OR
STATUTORY. NO IMPLIED OR STATUTORY WARRANTIES OF
MECHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE AND NO OTHER EXPRESS WARRANTIES SHALL
APPLY, AND ALL OF SUCH EXPRESS AND IMPLIED
WARRANTIES ARE HEREBY RELEASED AND WAIVED BY
BUYER. IN NO EVENT SHALL SELLER BE DIRECTLY OR
INDIRECTLY LIABLE FOR ANY INCIDENTAL, CONSEQUENTAL,
SPECIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES,
LOSSES OR EXPENSES.
H. NO COMMUNICATIONS OR ACTS BY OR ON BEHALF OF
SELLER IN PERFORMING THIS CONTRACT, INCLUDING
TRAINING OR INSTALLATION SHALL BE DEEMED TO EXPAND
OR INCREASE ANY WARRANTY IN THIS CONTRACT OR TO
CREATE ANY NEW WARRANTY OF ANY KIND, WHETHER
BASED UPON ANY AFFIRMATION OF FACT OR OPINION, ANY
DESCRIPTION OF ANY GOODS OR SERVICES, ANY SAMPLES,
MODELS OR DEMONSTRATIONS, OR OTHERWISE, AND ALL
COMMUNICATIONS AND DEALING BY OR ON BEHALF OF
SELLER SHALL BE DEEMED TO BE QUALIFIED BY AND
SUBJECT TO THIS CONTRACT.
11. Year 2000 Readiness Warranty
With regard to both the PRS Replacement Products and those PRS
Manufactured Products identified in the Audit Form which are not removed
and replaced by PRS Replacement Products or otherwise labelled in the
Audit Form as Excluded Products (collectively, the "Covered Products"),
Seller warrants that the Covered Products by themselves will be "Year
2000 Ready", which shall be described as the ability to correctly process
date data as defined in Rules I through 4 below (and subject to the terms
and conditions of this Contract as to Vendor Products, Excluded Products
and other matters outside Seller's control, such as the failure of third party
operating system software platforms, including DOS and PDP based
products, to be upgraded to Year 2000 Readiness by those third parties):
9/24/98 9:25 a.m.
Rule 1: No value for current date will cause any material interruption in
the normal and customary operation of the Covered Products by
themselves.
Rule 2: The date based functionality of the Covered Products by
themselves will behave consistently in material respects for dates prior to,
during and after the Year 2000.
Rule 3: In all Covered Products interfaces and data storages, the century
in any date will be specified either explicitly or by unambiguous algorithms
or inferencing rules; and
Rule 4: The Year 2000 will be recognized by the Covered Product
software as a leap year.
None of those Rules 1-4 or any other provision of this Contract shall be
deemed to warrant or imply that compliance with Rules 1-4 by Covered
Products by themselves will enable the Buyer's System itself to function
as expected or to be Year 2000 Ready. With respect to the Vendor
Products, Seller gives no Year 2000 Readiness warranty, but Seller will
pass through the Year 2000 Readiness warranty, if any, that it receives
from the other vendors. Buyer acknowledges its exclusive responsibility to
assure the Year 2000 Readiness and performance of Buyer's System,
including Buyer assuring the compliance of Vendor Products and
Excluded Products with Rules 1-4. Where third party vendors have not
provided Year 2000 Readiness solutions for their products (such as DOS
and PDP based operating system software platforms), it shall be Buyer's
exclusive responsibility to acquire alternative product solutions, which may
require interactive solutions for other components, as, for example, where
acquiring upgraded software may require greater capacity hardware to
operate such upgraded software. Buyer represents and warrants that it
has received and complied with the advice of Buyer's Y2K Expert and
other advisors of Buyer (and has not relied on Seller) as to avoiding
disruption of performance of Covered Products caused by Vendor
Products, Excluded Products or other causes beyond Seller's control.
THIS WARRANTY SHALL BE CONDITIONAL UPON: (i) BUYER
COMPLYING WITH THE RECOMMENDATIONS OF BUYER'S Y2K
EXPERT AND OTHER EXPERTS ADDRESSING THE YEAR 2000
READINESS OF THE VENDOR PRODUCTS, EXCLUDED PRODUCTS
AND OTHER SUPPORTING OR INTEGRATED PROPERTY OR
SYSTEMS OUTSIDE THE SCOPE OF SELLER'S DEFINED
RESPONSIBILITIES; (ii) BUYER IMPLEMENTING RECOMMENDED OR
SUGGESTED HARDWARE AND/OR SOFTWARE UPGRADE
PACKAGES AND/OR CORRECTIONS SUPPLIED OR RECOMMENDED
OR SUGGESTED IN WRITING BY SELLER IN SELLER'S PROPO,~z~
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9/24/98 9:25 a.m.
AND OTHER DOCUMENTS AND WHICH UPGRADE PACKAGES
AND/OR CORRECTIONS WILL PROVIDE THE FUNCTIONAL ABILITY
FOR THE COVERED PRODUCTS TO COMPLY WITH THE FOUR
RULES OF THE YEAR 2000 READINESS DEFINITION SET FORTH
ABOVE: AND (iii) ALL HARDWARE AND SOFTWARE USED WITH THE
COVERED PRODUCTS MUST PROPERLY PROCESS DATE DATA TO
ALSO COMPLY WITH THE FOUR RULES OF THE YEAR 2000
READINESS DEFINITION SET FORTH ABOVE.
THIS YEAR 2000 READINESS WARRANTY SHALL NOT COVER YEAR
2000 ERRORS OR PROBLEMS OF ANY KIND CAUSED BY ANY
HARDWARE OR SOFTWARE OF ANY PRODUCTS OTHER THAN THE
COVERED PRODUCTS, INCLUDING ANY VENDOR PRODUCTS, OR
EXCLUDED PRODUCTS WHICH BUYER ACKNOWLEDGES COULD BE
IMPAIRED IN THEIR EXPECTED FUNCTIONS BECAUSE OF VENDOR
PRODUCTS, EXCLUDED PRODUCTS OR OTHER FACTORS FOR
. WHICH SELLER IS NOT RESPONSIBLE (EVEN WHERE THE
COVERED PRODUCTS COMPLY WITH THIS WARRANTY).
In the event of any breach of this warranty, Seller shall, if notified in writing
before the 1st of July 2000, at its option and without undue delay, correct
or replace the hardware or software of the affected Covered Products, at
no expense to Buyer, by providing Buyer with an updated Covered
Product software release or a Covered Product software correction, so
that ,the Covered Products can comply with the four Rules of the Year
2000 Readiness definition set forth above. However, as explained above
the Year 2000 Readiness of the Covered Products by themselves may not
be Sufficient for the Buyer's System itself to be Year 2000 Ready, because
of Vendor Products, Excluded Products or other Buyer or third party
property or matters beyond Seller's control or responsibility, and Buyer
shall assume full responsibility for the Year 2000 Readiness of Buyer's
System (apart from Covered Products) and all consequences of the lack
of such Year 2000 Readiness.
THIS YEAR 2000 READINESS WARRANTY CONSTITUTES THE ONLY
WARRANTY AND OBLIGATION MADE BY SELLER WITH RESPECT TO
YEAR 2000 READINESS OR THE ABILITY OF THE COVERED
PRODUCTS TO HANDLE CONVERSION TO THE TWENTY FIRST
CENTURY AND OTHER ASPECTS OF WHAT IS BROADLY
DESCRIBED AS THE '°YEAR 2000 PROBLEM" (WHICH DEFINITION
INCLUDES CERTAIN SIMILAR SOFTWARE DATING PROBLEMS
WHICH MAY ARISE BEFORE THE YEAR 2000), AS BUYER
ACKNOWLEDGES IT HAS DISCUSSED WITH BUYER'S Y2K EXPERT
AND ADVISORS THIS YEAR 2000 READINESS WARRANTY IS IN LIEU
OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, IN ANY
MANNER RELATING TO THE ABILITY OF THE COVERED PRODUCTS
G:FLcgal/Contract./Y2K Contract.domestic final vcrsion.doc [4
9/24/98 9:25 a.m.
TO HANDLE CONVERSION TO THE TWENTY FIRST CENTURY, AND
OTHER YEAR 2000 READINESS PROBLEMS, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH EXPRESS
OR IMPLIED WARRANTIES ARE WAIVED BY BUYER.
THE REMEDIES SET FORTH ABOVE ARE THE SOLE AND
EXCLUSIVE REMEDIES AVAILABLE TO BUYER IN CASE OF A
BREACH OF THIS YEAR 2000 READINESS WARRANTY. IN NO
EVENT SHALL SELLER BE LIABLE TO BUYER UNDER THIS YEAR
2000 READINESS WARRANTY OR OTHERWISE FOR ANY
INACCURACIES, DELAYS, INTERRUPTIONS OR ERRORS AS A
RESULT OF: (i) THE COVERED PRODUCTS RECEIVING DATE DATA
FROM ANY VENDOR PRODUCTS, EXCLUDED PRODUCTS OR
OTHER PRODUCTS, SOFTWARE OR SYSTEMS IN A FORMAT THAT
IS NOT YEAR 2000 READY OR IS OTHERWISE INCONSISTENT WITH
THE FORMAT AND PROTOCOLS ESTABLISHED FOR THE COVERED
PRODUCTS OR FOR YEAR 2000 READINESS; OR (ii) ANY ADDITION,
EXTENSION, CHANGE, MODIFICATION, UPDATE OR ENHANCEMENT
MADE OR ATTEMPTED TO BE MADE TO THE COVERED PRODUCTS
BY PARTIES OTHER THAN SELLER OR MADE TO BUYER'S SYSTEM
APART FROM COVERED PRODUCTS.
IN NO EVENT SHALL SELLER BE LIABLE TO BUYER FOR ANY LOSS
OF PRODUCTION, LOSS OF USE, LOSS OF BUSINESS, LOSS OF
DAT~, PROFIT OR REVENUE OR FOR ANY SPECIAL, INDIRECT,
INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR CLAIMS,
INCLUDING ANY CLAIMS BY THIRD PARTIES WHICH ALLEGE
LOSSES, LIABILITIES, DAMAGES OR INJURIES WHICH ALLEGEDLY
COULD HAVE BEEN AVOIDED IF THE BUYER'S SYSTEM (OR ANY
COMPONENT THEREIN OR SYSTEM RELATED THERETO) WAS
YEAR 2000 READY, WHETHER OR NOT THE POSSIBILITY OF SUCH
LOSSES, CLAIMS OR DAMAGES COULD HAVE BEEN REASONABLY
FORESEEN. BUYER UNDERSTANDS AND AGREES THAT THE YEAR
2000 READINESS WARRANTY IS NOT APPLICABLE TO ANY OTHER
GOODS OR PRODUCTS DELIVERED OR PROVIDED BY SELLER AT
ANY TIME OTHER THAN THE COVERED PRODUCTS.
12. Patents
Seller warrants that the PRS Replacement Products furnished hereunder,
and any part thereof, shall be delivered free of a rightful claim of any third
party for infringement of any United States patent. If notified promptly in
writing and given authority, information and assistance, Seller at its
---, expense shall defend, or may settle, any suit or proceeding against Buyer
so far based on a claimed infringement which breaches this warran ~.oA/~r~.~Z/'
/
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9/24/98 9:25 a.m.
case any such PRS Replacement Products or any part thereof, is in such
suit held to constitute such an infringement and the use of said PRS
Replacement Product or part is enjoined, Seller shall, at its expense and
option, either procure for Buyer the right to continue using said PRS
Replacement Product or part, or replace same with a non-infringing
product, or modify same so it becomes non-infringing, or remove said
PRS Replacement Product and refund the purchase price (less
reasonable depreciation for use). THE FOREGOING STATES THE
ENTIRE LIABILITY OF SELLER FOR PATENT INFRINGEMENT BY PRS
REPLACEMENT PRODUCTS, OR ANY PART THEREOF, AND IS
SUBJECT TO THE LIMITATIONS OF LIABILITY SET FORTH IN
PARAGRAPH 13, "LIMITATION OF LIABILITY."
The patent infringement indemnity obligation set forth in this Paragraph 12
shall not apply to any product or part thereof manufactured to Buyer's
design, or to the use of any Products or part furnished hereunder in
conjunction with any other equipment in a combination not furnished by
Seller, As to any such Product part thereof, use or combination, Seller
assumes no direct or indirect liability whatsoever for patent infringement.
13. Limitations of Liability
A. THE TOTAL LIABILITY OF SELLER, INCLUDING ITS
SUBCONTRACTORS OR SUPPLIERS, ON ANY AND ALL
CLAIMS WHETHER IN CONTRACT, WARRANTY, TORT
(INCLUDING NEGLIGENCE OR PATENT INFRINGEMENT) OR
OTHERWISE, ARISING OUT OF, CONNECTED WITH, OR
RESULTING (i) FROM THE PERFORMANCE OR NON-
PERFORMANCE OF THIS CONTRACT, OR (ii) FROM THE
MANUFACTURE, SALE, DELIVERY, RESALE, REPAIR,
REPLACEMENT OR USE OF ANY PRODUCT OR THE
FURNISHING OF ANY SERVICE, or (iii) FROM THE FAILURE OF
BUYER'S SYSTEM TO BE YEAR 2000 READY FOR ANY
REASON OTHER THAN OR BEYOND SELLER'S WARRANTED
PERFORMANCE OF COVERED PRODUCTS IN THIS
CONTRACT, SHALL NOT EXCEED THE PRICE ALLOCABLE TO
THE SELLER PRODUCT OR SERVICE WHICH GIVES RISE TO
THE CLAIM.
B. IN NO EVENT, WHETHER AS A RESULT OF BREACH OF
CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR
PATENT INFRINGEMENT) OR OTHERWISE, SHALL SELLER,
OR ITS AGENTS, EMPLOYEES, OFFICERS, DIRECTORS,
AFFILIATES, SUBCONTRACTORS OR SUPPLIERS, BE
DIRECTLY OR INDIRECTLY LIABLE FOR ANY SPECIAL,
CONSEQUENTIAL, INCIDENTAL, INDIRECT OR EXEMPLARY
G:/Legal/Contract/Y2K Contract.domestic final version.doc 16 :°'G["7--~
1'4AY 1 11999
OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO,
LOSS OF PROFIT OR REVENUES, LOSS OF USE OF
PRODUCTS, OR ANY ASSOCIATED EQUIPMENTS, COST OF
CAPITAL, COST OF SUBSTITUTE GOODS, FACILITIES,
SERVICES OR REPLACEMENT POWER, DOWNTIME COSTS
OR CLAIMS OF BUYER'S CUSTOMERS OR THIRD PARTIES
FOR SUCH LOSSES OR DAMAGES. IF BUYER TRANSFERS
TITLE TO, OR LEASES THE PRODUCTS SOLD HEREUNDER
TO, OR OTHERWISE PERMITS OR SUFFERS USE BY, ANY
THIRD PARTY, BUYER SHALL OBTAIN FROM SUCH THIRD
PARTY A PROVISION AND AGREEMENT AFFORDING SELLER
AND ITS AGENTS, EMPLOYEES, OFFICERS, DIRECTORS,
AFFILIATES, SUBCONTRACTORS AND SUPPLIERS THE
PROTECTION OF THE PRECEDING SENTENCE.
C. The provisions of this Paragraph 13 LIMITATION OF LIABILITY,
shall apply notwithstanding any other provisions of this Contract or
any other agreement, whether past, concurrent or future, and
notwithstanding the conduct of Seller or any of its employees,
officers, directors, agents, affiliates, subcontractors or suppliers in
the performance of this Contract
--'- D. The provisions of this Paragraph 13 (among others), LIMITATION
OF LIABILITY, shall survive the expiration or termination of this
Contract.
14. Remedies
A. In the event of a material breach of this Contract by Seller which
shall continue for ninety (90) or more days after written notice of
such breach (including a reasonably detailed statement of the
nature of such breach) shall have been given to Seller by Buyer
(but subject to the agreement herein regarding arbitration of
disputes), Buyer shall be entitled to avail itself cumulatively of any
and all remedies available at law or in equity (provided such
remedies are not otherwise limited or waived under the terms of
this Contract) and thereupon either: (1) suspend performance of its'
payment obligations under the Contract for as long as the breach
continues uncorrected; or (2) terminate this Contract by written
notice to Seller if the breach remains uncorrected.
B. In the event of: (1) any failure by Buyer for thirty (30) or more days
to make any payment when due, or (2) any other material breach of
this contract by Buyer which shall continue for (90) or more days
after written notice of such breach or repudiation (including a
reasonably detailed statement of the nature of such breach i
/ - /
O:/Legal/Contract/Y2K Contract.domestic final version,doe ] 7
V 99
repudiation) shall have been given to Buyer by Seller, but subject to
the agreement herein regarding arbitration of disputes, Seller shall
be entitled to avail itself cumulatively of any and all remedies
available at law or in equity (provided such remedies are not
otherwise adjusted or limited under the terms of this Contract) and
either: (1) suspend performance of its obligations under this
Contract for as long as the breach remains uncorrected; or
(2) terminate this Contract by written notice to Buyer if the breach
remains uncorrected.
C. Notwithstanding the foregoing termination provisions of this
Paragraph 14, the following provisions (among others) shall survive
the expiration or termination of this Contract: 2A(1 ), (3), (5), (8), (9)
and (10); 5; 6; 7; 8; 9; (excluding Seller's continuing warranty
obligation thereunder after termination pursuant to Paragraph 14B)
10, 11 and 12; 13; 14; 15; 16; 18; 19; 20; 21; 22; 23; and 24.
15. Con~dentiality
A. During the term of this Contract, it is anticipated that one party
(hereafter the "Disclosing Party's may disclose to the other party
(hereafter the "Receiving Party") information which the Disclosing
Party considers proprietary and confidential. Accordingly, with
respect to any specification, drawings, sketches, models, samples,
tools, technical information, confidential business information or
data, in written or other tangible form which: (1) has been
designated in writing by the Disclosing Party as confidential or
proprietary, or (2) is of the type that the Receiving Party customarily
treats as confidential or proprietary, and which is furnished by the
Disclosing Party to the Receiving Party in contemplation or of under
this Contract (hereinafter "Information"), the Receiving Party shall
treat such information, for a period of ten (10) years after the
Effective Date of this Contract, as confidential information with at
least the same degree of care as the Receiving Party affords to
confidential information of its own of a similar nature and shall not
reproduce any such Information, in whole or in part, except as
specifically authorized in writing by the Disclosing Party.
B. The provisions of the preceding subsection shall not apply to any
Information which:
(1) is or shall become publicly available without fault on the part of
the Receiving Party;
(2) is already known by the Receiving Party (as a result of proper
conduct) prior to receipt from the Disclosing Party;
(3) is independently developed by the Receiving Party; or
G:/Legal/Contract/Y2K Contract.domestic final version.doc 18
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(4) is rightfully obtained by the Receiving Party from third parties
without restriction.
C. The provisions of this Section (among others), CONFIDENTIALITY,
shall survive the expiration or termination of this Contract.
16. Notices
Notices and other communications between the parties shall be
transmitted in writing by certified mail, return receipt requested, to the
parties at the addresses set forth below and shall be deemed effective
upon receipt by the receiving party. Either party may change its address
by giving notice in writing thereof to the other party.
17. Compliance
Seller will comply with applicable federal, state and local laws and
regulations as of the Date of this contract which relate to equal
employment opportunity (including applicable provisions of Executive
Order 11246, as amended), workers compensation, and the manufacture
in Seller's facilities of the PRS Replacement Products delivered hereunder
(including applicable provisions of the Fair Labor Standards Act of 1938,
"" as amended). The price and, if necessary, delivery of any Products will be
equitably adjusted to compensate Seller for the cost of compliance with
any change in the federal, state or local laws or regulations after the
Effective Date.
18. Entire Understanding, Amendment
The terms and provisions of this contract and all Exhibits attached hereto
constitute the entire understanding between the Buyer and Seller
concerning the subject matter hereof (which subject matter shall be
deemed to include Buyer's System and its components and functions,
including components sold by Seller in the past and services, conduct and
communications by or on 'behalf of Seller in the past, as to which Buyer
agrees this Contract constitutes the superseding statement of the entire
agreement of the parties). The warranties and other obligations of Seller
in this Contract shall replace and supersede any and all other prior and
other warranties and liabilities of Seller in connection with the Buyer's
System, including with respect to the PRS Manufactured Products, the
Vendor Products, and Excluded Products (although Seller continues to
disclaim any obligations with respect to any Excluded Products or any
other products or services not provided by Seller), or otherwise.
6:FLegal/Contract/Y2KContract.domcstic~nalvcrsion.doc ],9 HAY 1 11999
However, nothing herein shall be deemed to revive or extend any prior
warranty or claim in favor of Buyer (or any prior liability of Seller) which
has expired or become barred by any statute of limitations, prior
contractual bar, laches, waiver, estoppel or otherwise, which deadlines
under prior contracts between Buyer and Seller shall continue to run as if
this Contract had been signed in place of each such prior contract at the
time of such prior contract. Such inclusion of Buyer's System and other
non-Seller components and functions shall not be deemed to imply any
Seller responsibility therefor, but rather to protect Seller from any such
responsibility beyond the Seller's Products as specified herein. In the
event of a conflict between the terms and provisions of this Contract and
any Exhibits, the terms and provisioning of this Contract shall govern.
The terms and provisions of this Contract expressly supercede and
replace any oral or written, past or present communication, conduct,
representation, promise, understanding, proposal, agreement, warranty,
course of dealing or trade usage concerning the subject matter hereof
which are not expressly contained or referenced in this Contract, and the
terms and provisions of any such communication, conduct, representation,
promise, understanding, proposal, agreement, warranty, course of dealing
or trade usage shall not be binding on Seller or Buyer. IN PARTICULAR
AND WITHOUT LIMITATION, BUYER WAIVES AND RELEASES ANY
AND ALL CLAIMS AND CAUSES OF ACTION, WHETHER BASED ON
,~ELLER'S ALLEGED NEGLIGENCE, BREACH OF WARRANTY,
CONTRACT OR OTHER LEGAL DUTY OR OTHERWISE WITH
RESPECT TO ANY PRS MANUFACTURED PRODUCT, VENDOR
PRODUCT, EXCLUDED PRODUCT OR OTHERWISE IN CONNECTION
WITH BUYER'S SYSTEM, SAVE AND EXCEPT FOR SELLER'S
OBLIGATIONS AS TO THE PRS REPLACEMENT PRODUCTS
PURSUANT TO THIS CONTRACT AND AS TO ANY UNEXPIRED
WARRANTY ON ANY PRS MANUFACTURED PRODUCTS NOT
REPLACED WITH PRS REPLACEMENT PRODUCTS, AS TO WHICH
THIS CONTRACT SHALL BE DEEMED TO REPLACE AND
SUPERSEDE THE PRIOR CONTRACTS AND WARRANTIES OF
SELLER, AS IF THIS CONTRACT HAD BEEN EXECUTED IN PLACE OF
THOSE. BUYER ACKNOWLEDGES AND AGREES THAT BUYER
RECEIVES FULL AND REASONABLE CONSIDERATION FROM
SELLER BY ENTERING INTO THIS CONTRACT FOR SUCH
ARRANGEMENTS TO "CLEAN THE SLATE" ON PRIOR MATTERS AND
USE THIS CONTRACT AS THE SOLE SURVIVING OBLIGATION. No
modification, amendment, recision, waiver or other change or supplement
or addition shall be binding on Seller or Buyer, unless expressly set forth
in a writing expressly acknowledging the specific effect on the terms and
provisions of this Contract. SELLER DOES NOT ASSUME ANY
OBLIGATIONS OR LIABILITIES IN CONNECTION WITH THE SAL
AGENO
G:/Legal/ContractfY2K Contract.domestic final version.doe 20
9f2,fgSg:25a.. . HAY 111999
THE PRODUCTS OR SERVICES OTHER THAN THOSE EXPRESSLY
STATED IN THIS CONTRACT, AND DOES NOT AUTHORIZE ANY
PERSON (INCLUDING SELLER'S MANUFACTURER'S
REPRESENTATIVES AND SALES OR OTHER AGENTS OR
SUBCONTRACTORS OR SUPPLIERS) TO ASSUME FOR SELLER ANY
OTHER OBLIGATIONS OR LIABILITIES.
19. Severability
The invalidity, in whole or in part, of any paragraph a part of any
paragraph of this Contract shall not affect the validity of the remainder of
such Paragraph or the contract. Each paragraph shall be enforceable to
the maximum extent permitted by applicable law.
20. Headings
. Section headings are inserted for convenience only and shall not be used
in any way to construe the meaning of terms used in this Contract
21. Governing Law
The validity, performance and all matters relating to the interpretation and
-'- effect of this Contract any amendment thereto shall be governed by the
laws of the Commonwealth of Virginia. Buyer consents to the personal
jurisd. iction of the state and federal courts and arbitrators in the
Commonwealth of Virginia, which courts and arbitrators shall constitute
the exclusive forum for the enforcement of this Contract and the resolution
of all Disputes related to the subject of this Contract, whenever, wherever
and however arising, whether at law, in equity or otherwise and whether
the Dispute involves any alleged breach of contract, violation of law or tort
of any kind.
22. No Third Party Beneficiaries; Assignment
The provisions of this Contract are solely for the benefit of Buyer and
Seller and no other person. No other person or third party is intended to
be beneficiary of nor is entitled to rely upon or enforce any of the terms
and provisions of this Contract or to assert any claim for any
nonperformance of this Contract by any party. This Contract may not be
assigned by either Seller or Buyer without the prior written consent of the
other party. The terms and provisions of this Contract shall inure to the
benefit of and be binding upon Buyer and Seller and their respective
permitted successors and permitted assignees (if any).
O:/Lcgal/Contract/Y2K Contract.domestic final vcrsion.doc 2 l
9/24/98 9:25 a.m.
$
23. WAIVER OF JURY TRIAL.
THE PARTIES EACH AGREE THAT ANY DISPUTE AND ANY LEGAL
ACTION COMMENCED BY OR AGAINST EITHER PARTY SHALL BE
RESOLVED (SUBJECT TO ARBITRATION AS PROVIDED BELOW) BY
A COURT WITHOUT A JURY, AND EACH PARTY WAIVES ITS RIGHT
TO A JURY AS TO ANY DISPUTES OR CLAIMS ARISING UNDER OR
RELATING TO THIS CONTRACT, WHETHER FOR BREACH OR
ENFORCEMENT OF CONTRACT, TORT OR OTHERWISE, INCLUDING
ANY DISPUTES DESCRIBED IN PARAGRAPH 24 BELOW. Each party
acknowledges that jury trials are slower and more expensive than court
trials without juries, and, considering then nature of the complex
technology and other issues which may give rise to Disputes, that a judge
may be better trained than a random jury to evaluate the foreseeable
expert witnesses and other technology evidence.
24. ARBITRATION.
Any and all Disputes (as defined below) between or involving Seller and
Buyer shall be resolved by arbitration conducted by three arbitrators in
accordance with the Commercial Arbitration Rules of the American
Arbitration Association [the "AAA"] (as enhanced by any special rules and
procedures for Year 2000 related disputes and in accordance with the
Federal Arbitration Act, and in accordance with the applicable law and
express terms specified in the Contract). The arbitration shall be
conducted expeditiously at a convenient site determined by the arbitrators
within 100 miles of Seller's executive office in Virginia. The arbitrator
selected directly by each party shall be a lawyer with at least 10 years of
practice experience, a material part of which involves representing clients
with respect to transactions involving the sale of technological goods that
operate in conjunction with computer software or firmware. The third,
neutral arbitrator selected by the other two arbitrators shall be either an
experienced technology officer with expertise in transactions involving
comparable goods and software and with related Year 2000 Readiness
issues, or an experienced lawyer with sufficient knowledge and
comparable experience in order to be able himself to judge with certainty"
which of conflicting experts for each party is correct in his or her opinion
regarding such technology transactions and Year 2000 Readiness issues.
The decision of the arbitrators shall be reported by with their written
findings of fact and conclusions of law in accordance with this Contract
following applicable law. The arbitrators shall use their best efforts to
reach that decision within six (6) months from the date when the initial
arbitration request is made, and the arbitrators shall direct the process
accordingly to attempt to accommodate that timing.
'i A~ENO T M
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As used herein the term "Disputes" means any and all disputes,
controversies, claims or causes of action of every kind, whether arising
from any alleged breach of contract or warranty, tort, violation of law, right
to equitable relief or other legal or equitable theory, in any way, directly or
indirectly, arising out of or from or relating to this Contract or any prior
contract, warranty, communication or conduct relating to Buyer's System,
or any PRS Manufactured Products, Vendor Products or Excluded
Products.
Whenever Buyer wishes to enforce any of its rights or claims with respect
to any Dispute in any legal action or arbitration, Buyer must commence
the arbitration within one year from the date on which the cause of action
would have first arisen with respect to that Dispute under applicable law,
and all claims and causes of action of every kind not properly asserted
within that one year period shall be forever barred as to any and all
Disputes.
G:/Legal/Contract/Y2K Contract.domestic final version.doc 23 Y 99
9/24/98 9:25 a.m. .
IN WITNESS WHEREOF, Buyer and Seller have executed this Contract as of the date
set forth below.
BUYER
ATTEST: BOARD OF COUNTY COMMISSIONERS
CO~ I-IER COUNTY FLORIDA
DWIGHT E. BROCK, Clerk
By:. By:
Pamela S. Mac~kie, Chairwoman
Approved as to form and
Legal sufficiency:
Thomas C. Palmer
Assistant County Attorney
SELLER
ERICSSON INC. WITNESS
By:
Name: Wimess Name:
Tific:
Date:
EXECUTIVE SUMMARY
REPORT TO THE BOARD OF COUNTY COMMISSIONERS CONCERNING THE SALE
OF ITEMS ASSOCIATED WITH THE COUNTY SURPLUS AUCTION OF MARCH 27,
1999.
OBJECTIVE: To present the results of the recent County property auction to the Board
of County Commissioners for ratification.
CONSIDERATIONS: On March 9, 1999, the Board of County Commissioners authorized
staff to conduct an auction of specified County-owned assets for the purpose of disposing
of these items and generating revenues for the County.
Prior to the auction, several County agencies requested transfer of the assets approved
for disposition. Accordingly, these items were turned over to the requesting agencies. A
list of the transferred items is attached.
The March 27, 1999 auction generated $592,605.00 in actual gross revenues and
$545,196.60 in net revenues. The auctioneer's commission is $46,458.40. During the
Auctioneer's audit, an error was found in the amount that was collected for the sale of a
Sheriff's vehicle which resulted in an additional $950.00 in actual gross revenues being
collected. The amount of $950.00 is being deducted from the commission due to the
Auctioneer as the additional amount due from the bidder was received by the Auctioneer.
The breakdown of gross and net revenues between the Board of County Commissioners,
Sheriff's Office, Property Appraiser and Tax Collector is as follows:
AGENCY GROSS REVENUES NET REVENUES
Board of County Commissioners $408,390.00 $375,718.80
Collier County Sheriff $178,215.00 $163,957.80
Property Appraiser $ 4,800.00 $ 4,416.00
Tax Collector $ 1,200.00 $ 1,104.00
In order to eliminate any opportunity for delay in receiving the sale proceeds, the
auctioneer is required to turn over the gross proceeds from the sale to the County on the
day of the event.
A 1992 14' Starcraft Boat, 25 HP motor, asset #930159 was removed from the auction
due to the K-9 Search & Rescue of South Florida requesting that this item be donated to
their search and rescue program. The boat will be used for search and rescue in Collier
County.
NAY 111999
Pg. /. .
FISCAL IMPACT: Net revenues have been allocated as follows:
Department Fund Net Proceeds
Public Works 408 $ 98,352.60
Ochopee 146 $ 46.00
Fleet Management 522-122464 $138,736.00
Fleet Management 522-122465 $ 37,122.00
General Fund 001 $ 46,460.00
Road &Bridge 101 $ 48,116.00
Solid Waste 470 $ 5,888.00
Fleet Management 521 $ 998.20
Total $375,718.80
The auction generated more revenue than originally anticipated which resulted in higher
commission due to the auctioneer. In order to pay the Auctioneer's full commission, a
budget amendment is needed in the amount of $7000. Funds are available from the
auction proceeds.
""' GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: That the Board of County Commissioners accept and ratify the
revenues for the County Auction held on Marcl-, 27, 1999 pursuant to the itemized sales
report attached herein, authorize the donation of Asset #930159, 1992 14' Starcraft Boat
to the K-9 Search & Rescue of South Florida, Inc and approve the attached budget
amendment.
PREPARED BY: .
Gwen Butler, Senior Buyer
Purchasing Depa~ment
Purchasing/Gen~~' Seaices Dept.
MAY 1 , 999
TP ',,' ' "F .~RE O PROi . (TY
'~ EMS
PUs
Mc,5.tors
Ke'~ ':~oards
Printers
Desk - from Parks & Rec
TO OCtIOPEE FIRE CONTROL
CPU
"onitors
:yboards
:ice
Printer
TV
TO C.C.S.O. Desks
Chairs - from Pro?erty Appraiser
TO PARK S & REC
('l :- _ c ore D,, '~De" '~ A ...... , .,~
HAY 11 1999
DISTRIBUTION OF AUCTION MONIES
FUND GROSS 8% NET
522-122464 $150,800 $12,064 $138,736
408 $106,905 :~552.40 $98,352.60
101 $52,300 $4,184 $48,116
001 $ 50,500 $4,040 $46,460
522-122465 $40,350 $3,228 $37,122
470 $6,400 $512 $5,888
521 $1,085 $86.80 $99e .,0
146 $50 $4 $46
SubTotal $408,390 $32,671.20 $375,718.80
060 $4,800 $384 S '.,4 ~,~
070 *"c~0 $96
SubTotal ':. ~3. !
CCSO
TOTAL
Error Found During Auctioneer's ,-~t .....
NEW TOTAL $46,458.40
AB 150 AU 286
b~voice for the Auctioneer Sein,'ices Preformed on M'arch ~7 1999
Sale total for c 9tlter ~' ',9u~,-' c ':!4,390. O0
-:~2 C03,g4]SSION DU'E ,~ l. 7C71C ,.2EER 54 7. 408.40
Error found during a:t~:t,., 950. O0
,i Z-.;/L:SY2D TC)TAL $46,458.40
MAY 99
PH, 904/?72-0110 · TOLL Fl~EE !:800-S19-6402 · F~
~Date: 04-05-1999
FIRST COAST AUCTION & REALTY INC
5562~.2 TIMUQUANA RD JACKSONVILLI, FL 32238
AB 8~ SALES TAX # 26-08-094311-40
COLLIER COUNTY SURPLUS 2-27-99
Settlement summary page
SN Name Sales Ccmm(1) Ccmmi2) Fees Xe~
1 Collier County 4665.00 - - - 4665 00
2 Collier County.S 171520.00 - - - 171520 CC
3 Property Apprals 4800.00 - - - 4800
12 Parks & Recreati 20155.00 - - - 30155 00
13 Naples Transfer 6400.00 - - - 6400 0C
15 Natural Resource 600.00 - - - 600 00
17 Ochopee Fire 50.00 - - - 50 0C
50 Evidence 6720.00 - - - 6720 00
408 Acency 408 106375.00 - - - !0e27~
522 Fleet Management 191470.00 - - - 19!47C
910 Agency 910 69850.00 - - - 5~3f2.32
999 Name not registe .... 0.00
Totals: 592605.00" O.00 0.00 0.0O
MAY 3 11999
Pg. , ,~:~
,Date: 04-05-1997
FIRST COAST AUCTION & ~ .NC
5562-2 TIMUQUANA RD JACKSOl, FL 32238
(904 772-0110 (904)
AB 150 ~U 286 SALESFAX -8387
TAX # 26-6a-094311-40
COLLIER COUNTY SURPLUS 2-27-99
Settlement Page: !
Seller: 1 Collier County
Item Description Price Qty Total
237 CUSHMAN ATTACHMENT 1 35.00
424 LOT OF WALKERS & MISC 1 15.00
425 PRINTERS & KEYBOARD Sold with item 424
426 SECURITY CAMERA 1 40.00
427 CD ROM DRIVE, ECT 1 70.00
428 PITNEY BOWES SCANNER 1 15.00
429 HP LASER JET PRINTER 1 50.00
~30 PANAFAX - 3 1 70.00
o.oo
%31 I P - 5 1 180.00
32 HP DESK WRITER 600 1 45.00
~3 EPSON PRINTER 1 60 00
'4 HP PRINTER 1 20 00
4 5 !P PRINTER 1 20 00
4 6 D PRINTER 1 20 00
4 . =' PRINTER 1 20 00
4~!,- ]~ PRINTER 1 20 00
429 HP RINTER 1 20 00
439?, Tab.,e 1 5 O0
~40 CANC~ COPIER 1 45 00
'MISC ! 5 00
IERS 1 60 00
!ERS & ~ ...... 1 60 00
C~ .... 1 75.00
1 260.00
1 130.00
! 90.00
1 55.00
1 15.00
1 25.00
1 27.50
1 275.00
1 25.00
~l. 1 35.00
45s - 6Ni d, S I 20.00
451 LCi? - MONiTCRS 1 20.00
4~5 LOT - ~ ....... '~
~ ~.,,-=,,. 1 140.00
4=6 LOT - ~,~.,i' 1 70.00
~57 LOT - l, lt~.~l -?,3 1 110.00
~58 LOT - MONi'~ORS15 1 15.00
459 LOT - MONITORS 1 15.00
MAY i 119 9 ]
De4t-e: 04-05-1999
FIRST COAST AUCTION & REALTY, INC
5562-2 TIMUQUANA RD JACKSONVILLE, FL 3223S
(904AU772-0110 FAX (904) 777-83S7
AB 150 286 SALES TAX # 26-0S-09431!-42
COLLIER COUNTY SURPLUS 2-27-99
Settlement Page: 2
Seller: 1 Collier County
Item Description Price C~Y Total
460 LOT - MiSC PARTS i 30.00
461 LOT - KEYBOARDS 45.00
462 LOT - CPU i 55.00
463 LOT - MONITORS ! 170.00
464 LOT - PR!NTERSX, TYPEWR!TERS _ !0.00
465 LOT - PRINTERSXTYPEWRITERS Sold with item 464
466 WORK DESKS _ 10.00
467 LOT - PRINTERS Scll wi~h i~em 466
468 SHOP CARTS 5.0C
469 REFRIGEraTOR *** NOt scld
470 LOT - CHA2RS *** Nc~ sc!d ***
471 GREY CHAIR r 2.50
472 LOT - CFU r 40.00
473 STAINLESS c~?r~ STAND _ 5.00
474 CABINET Sc!i with item
~7~ ~=LE & ~ .... =,,-c c
~ _ ~._ cii with i~en 472
476 OFFICE CHAIR 20.00
477 MIST CHAIR r ~.00
478 2 MACHINES ,x~ Not scid ~**
479 DESK **~ Not sc!d
480 RADIO ANTENNA ~ CABINETS 10.00
481 DESK *~* Not sold ~**
481A Lot of miss r 210.00
482 ENGINE ANALiZiER 350.00
483 PITNEY BO. WES-iIiLING UNIT *** Not sc!d ~**
484 PITNEY BOWES-}~ILING UNIT *** Not sold ~**
485 EMERGENCY FLASHERS ! 45.00
486 MIRRORS r 5.00
487 LIFT r 150.00
488 TYPEWRITERS r 5 00
489 MONITORS ~ 25 00
490 LOT - PRINTERS i 60 00
491 TABLE TOP - PRiNTERXFAX r 90 00
492 DESK & DIVIDERS 10 00
493 TEST KIT i 25 00
494 BOX - OXYGEN METERS 15.00
495 SPECIAL METER Sold with item 494
496 RADIOS & CHARGERS r 210.00
497 PLANT LGCATOR . 10.00
498 DESK i 5.00
499 LOT - PHONES i 5.00
AY 1 }1999
Date: 04-05-1999
FIRST COAST AUCT2 '?Y, INC
5562-2 TIMUQUANA RD %LE, FL 32238
AB 15 286 SALES TAX # 26-0S-094311-40
COLLIER COUNTY SURPLUS 2-27-99
cottlement Page:
~: ! Collier County
Item Description Price Qty Tcta!
500 DESK Sold with item 498
501 TV 1 10.00
502 MICROWAVE 1 iO.00
503 DESK *** Not scid ***
504 CPU'S ! 200.00
505 TEST EQUIPMENT ! 19C.00
506 OFFICE EQUIPMENT 1 5.00
507 DESK **~ NO: sc!d *~
508 9 **~ NCZ sold **x
509 CUPBOARD *** NCZ sold ***
510 KEYBOARDS I 200 '~0
511 MITA FAX 1 30.00
512 2 TV I ~.00
513 MONITORS & KEYBCARES 1 40.00
514 PIPES ! 3C.0O
515 CPU'S - Nc: scld **~
"ling F!RfT C?"~ APPRECIATE 'fOUR
~7AN [T A"' F YOU'RE iN NEED OF
:-, pl.E~
1999
$Date: 0~-12-1999
FIRST COAST AUCTION & REALTY INC
5562-2 TZMUQUA~A RD JACKSONVILle, FL 32238
AB ES TAX # 26-08-094311-40
COLLIER COUNTY SURPLUS 2-27-99
SettlemerC Page:
Seller: 2 Collier County Sheriff
Item Description Price Qty Tctal
20~1 T0 92 FORD CRO~{N VICTORIA 1 2,400.00
2FACP72WSNX245632 WHITE i0S!00
293
20~3 7! 88 CHEVY CORSICA 1 1,000.00
1G1LTEllXJE5923349 WHITE 87900
996
20'6 72 90 CHEVY CAPRICE 1 1,500.00
1G1BL5477LA135570 WHITE 104873
1059
73 91 FORD CROWN ViC 1 9~0.0o
2FACP72GSMX177114 1{HITE 55338
5 DIGIT 107
20 2 74 90 CHEVY CAPRICE I 1,200.00
1G1BL5476LA135821 ~ITE 108760
1041
20 1 7~ 90 CHEVY CAPRICE 1 ~Co 00
IG1BL547XLA135644 WHITE 10~902
1079
20'1 7~ G~C P/U TRUCK i 1,900 00
IGTFC24H6GFTllS19 WHITE 132145
"' 1000
77 94 FORD CRO~'~ VIC I 2 750 00
2FACP7!WEPX192571 WHITE 115547
3137
20:7 7a 92 FORD CRO~ VICTORIA 1 2 ~00 00
2FACP72WXNX200855 WHITE
263
20~6 7~ 92 FORD CROWN VICTORIA 1 2 20C 00
2FACP72WE}]X200919 WHITE 1158e7
219
20~5 8C 93 FORD CROWN VICTORIA ! 2 700 00
2FACP71~qXPX175104 WHITE 119086
351
20~3 81 90 CEVY CAPRICE 1 1 350 00
1G1BL547iLA135421 WHITE 125224
1068
20[B 82 92 FORD CROWN VICTORIA 1 2 400.00
2FACP72W2NX240300 WHITE 120044
283
208~ 82 90 GMC P/U TRUCK 1 2 250,00
1GTFK24H1LE533238 WHITE 119095
1092
MAY 11 1999
Date: 04-12-1999
FIRST COAST AUCTii. N & RL .~, INC
S562-2 TIMUQUANA RD JACKSONVILLE, FL 32238
(9o4 uv 2-oilo FAX (904) vTv- 3s7
AB 150 ~6 SALES TAX # 26-0a-o94311-40
COLLIER COUNTY SURPLUS 2-27-99
".ttlemen:
!er: 2 Collier County Sheriff Page: 2
Item Description Price Qty Total
20 4 84 90 CHEVY CAPRICE 1 1,600.00
1G1DL5472LA135704 WHITE 96961
1056
20 2 85 90 CZVY CAPRICE ! 1,600.00
1G1BL5473LA135436 WHITE 105272
1065
20 ? 86 92 FORD CROWN VICTORIA ! 1,900.00
2FACP72~3NX200887 WHITE 106657
228
20 (! 87 93 FORD CkRGO VAN i 5~250.00
1FTFS24T7PHB823!0 WHITE 141025
64
20 0 3E 94 FORD CROWN VICTORIA ! 4,000.00
2FALPT1W3RX177327 ~{HITS 116500
459
20 6 e> 93 FORD TEMPO ! 1,250.00
1FApp36XX~lBT-~
i 2,~00.00
700.00
! 2,550.00
3RIA 1 950.00
WHITE 1!572C
2 '~AN 1 I , log . UU
..,~.~,oc ~ WHITE 117210
2018 9> 92 FORD CRO~'~] .CTORIA _ 1,6C0..3C
2FACP72WXNX24' 33 WHITE 107896
285
20f4 }6 89 CHEVY BF;' .STA 1 900.00
1G1LV!4LX7~i'.' 85227 BLUE 88472
997
20z. 7 97 94 FORD C,'-..E$O VAN ! 4,800.00
1FTFS24H4[C~A99405 WHITE 191739
401
MAY 1 I 1999
APR-i2 -99 TUE 03:52 PPl FIRST COAST AUCTION 1 904 777 818T P.O4
Date: 04-2-1999
FIRST COAST AUCTION & REALTY INC
5562-2 TIFZUQUANA RD JACKSONVILle, FL 32238
(904 772 ~0 FAX (904 77 -8387
AB 150 ~U 2S'0~
6 SALES TAX # 2~-0S7
-094311-40
COLLIER COUNTY SURPLUS 2-27-99
Settlemen.
Seller: 2 Collier County Sheriff
Item Description Price Qty
20-9 98 94 FORD CROWN VICTORIA I i,750
2FALF71WORX177334 I~HITE 135311
455
20.5 99 86 CHEVY WAGON 1
1G1AW35XOG6146828 GREEN EXEMPT
848
20,2 100 87 MERCURY SABLE
1MELM. 5041PA623427 ~'~ITE 86096
87
20!3 101 94 FORD R3LNGER
1FTCRIOA7RTA86209 W~iTE 131489
482
2C~2 102 89 FORD AEROSTAR VAN 1
1FMCAllUgKZA48883 ~ZTE EXEMPT
992
2019 103 92 FORD CROWN VICTORIA I 2~!.DC
2FACP72W7NX2009C8 WHITE 113774
25~
20! 8 104 89 FORD CROWN VICTORIA 1
2FABP72F3KX155246 ~'jH!TE ~7530
930
20~ ~ 105 90 CH/VY CAPRIC7 1
1G1BL~475LA135020 WHITE 106987
1028
20(3 106 89 FORD BRONCO 1
1FMEU15NSKLB40170 WHITE 116564
88
20~1 107 92 FORD CROWN VICTORIA
2FACP72W1NX200919 V~ITE 105654
221
2017 108 90 OLDSMOBILE CUTLASS 1 1,200 O0
1G3AL54R7L6374883 BLUE 086093
159
109 56 CHEV PICKUP 1
3A580!02688 GRAY EXEMPT
20~1 110 92 FORD CROWN VICTORIA 1 2,300.,30
2FACP72W4NX200915 W~ITE 103757
254
lll 91 FORD EXPLORER 1
1FMDU32XSL~UA12494 GREE~] 121060
102
MAY 11 1999
FIRST C "\< ' ;'.{ICTi
5562-2 TI~ ~;' . RD -,°"'r-iONVILil, FL 32238
S .'~ 26-08-094311-40
AB 86 SALE
COLLIER COUNTY SURPLUS 2-27-99
Settlemenl Page:
Seller: 2 Collier County Sheriff
Item Description Price Qty Total
20 ~4 112 91 OLDSMOBILE DELTA 88 1 1,700.00
1G34N54C.~MlS03971 SILVER
111990 101
20 5 113 90 CHEVY CAPRICE 1 850.00
1G1BL547XLA133246 WHITE 11424~
1015
20.7 114 89 FORD CROWN VICTORIA i 750.00
2FABP72F9KXi55252 GREEN EX~_MF?
923
20'5 115 90 CHEVY CAPRICE i 1,250.00
1G1BL5477L~136007 SILVER
114750 1058
~' I ! ' ~ ~0 CHE~'Z CAPRICE i I t 500
1G1BL5474~136045 WHITE
1039
~, O 117 89 FC ............ 7A 1 1,350.00
"~ :' i 2,850.
1 1,000.00
1 2,100.00
I 600.00
.,~ z .... ~.=-- ! 3,700.00
' ..... i~:'T~k10A2FZA84669 W>!TE 9992~
71
2015 125 92 FORD C~CWU ViCTOTiA 1 2,300.00
2FACP72W3i~z~200923 %{iiiTE 10E874
20; 5 124 S2 FORD CF. DWN VICTCRIA 1 2,400.00
2F~CP72WXNX200904 WHITE 108~9~
240
20~D 125 90 CHEVY CAPRICE 1 1,000.00
1G1BL5476LA135057 WHITE 091775
1037
~te: 04-.2-1999
FIRST COAST AUCTION & REALTY INC
5562-_ TIMUQUANA RD JACKSONVILLe, FL 3~23e
AB U 286 SALES TAX # 26-08 ~ 4311-4
COLLIER COUNTY SURPLUS 2-27-99
Settlemen Page: 5
Seller: 2 Collier County Sheriff
Item Description Price Qty Total
126 89 CHEV BERRETTA 1 900 O0
1G1LV141XKE236970 BLUE EXEMPT
998
20 0 127 90 CNEVY CAPRICE ! 800 O0
1G1BL5472LA1355S7 WHITE 111646
1076
20 0 128 91 FORD CROWN VICTORIA ! 450 00
2FACP72GTMX177136 WHITE 67578
121
20 2 129 91 FORD CRO~N VICTORIA i 600 00
2FACP72G2MX177139 WHITE 103978
124
20 4 130 92 FORD CROWN VICTORIA i 2,400 Uu
2FACP72W4NX245644 WHITE 124090
274
20! ~ 131 89 FORD CROWN V~CTORIA ! 2~0 O0
2FABP72FBKX155243 WHITE EXEMPT
905
~'- 2015 132 88 OLDSMOBILE DELTA 88 1 650 00
!G3HY!4C4JW392792 ~LUE EXEMPT
140
~016 133 90 FORD TAURUS ! 1,300 00
1FACPSOU2LAl17799 WHITE 76389
145
20~6 134 90 CHEVY CAPRICE _ &C0 00
1G1BL5479LA133206 WHITE 097286
1024
20~7 135 92 FORD CROWN VICTORIA ! 2,850.00
2FACP72WSNX20089! WHITE 116425
242
20~B 136 90 CHEVY CAPRICE ! 700.00
1G1DL5473LAi35680 WHITE 091143
1072
2012 137 90 CHEVY CAPRICE I 550.00
1G1BL547XLA135353 WHITE 096412
1084
202~ 138 92 lORD CRO;'~ VICTORIA i 2,550.00
2FACP72W8NX240298 WNITE 114130
280
204~ 139 93 FORD CROWN VICTORIA 1 2,850.00
2FACP71W6PX175097 NHITE 115316
350
Date: 04~ ~2-1999
Frr:; :.' · ~.> ? L?. ~TION & REALTY, INC
='~- -~. ~ ?~NA RD JACKSONVILLE, FL 32238
~-~.,~ -.~-0110 FAX (904) 777-8387
AB 150 A,~ 286 SALES TAX # 26-08-094311-40
COLLIER COUNTY SURPLUS 2-27-99
~ - ~tlemen; Page: 6
-r: 2 Collier County Sheriff
Item Descripticn Price Qty Total
20'7 140' 90 CHE~"f CAPRICE 1 1,100.00
1G1BL5477LA136119 WHITE 094547
1063 '
20 !8 141 92 FORD CRO~.~N VICTORIA 1 2 i00.00
2FACP72WSNX200907 WHITE 127556
248
20 ',5 142 92 FORD CRO~q VICTORIA I 2 400.00
2FACP72N5NX245636 WHITE ACTUAL
MILES UNK%~OWN 279
20 7 143 92 FORD CROWN VICTORIA i 2 ~00.O0
2FACP72W9NX245641 ~HITE 116211
282
20 8 144 91 FORD TAURUS ! 2 4~0.00
1FACP52UlbL~!94467 LT PURPLE
83353 !~4
20 4 !4~ 92 FORD CF. OWN ViCTORiA i 2 200.00
2FACPT2WXNX200899 WELL 2 r~, ! '= ?c ~ ~
233
2Q 9 146 92 OLDS"': .......... C_i..-.'. ! 2 4CO.C0
iG3AL~-~ ........ .. ~ r~ . ~.'
20 ~ 1~7 ..... ~ C~ ?~" ...... i 4
29Z
20 4 1.18 87 v-- I 200. OO
~c ~9 i 1,300.00
.Y 1 ~5C. 00
.; Ri.~ 1 450.00
. .. ~ ~,17 ~ 89897
. ~ ~RO~?',j .':? .'ZOF.:' ~. 1 700.00
'~:""2G~v'''' WHLjE 88459
?C.?<? ~,C, VN VICTORIA 1 1,200. O0
. Z';~iP; Z~,~9~qX200912 WHITE 114672
26~
're: 04-1~-1999
FIRST COAST AUCTION & REALTY INC
5562-2 TIMUQUANA RD JACKSONVILLe, FL 32238
(904A 772-0110 FAX (~04) 777-8387
AB 150 U 286 SALES TAX ~ 26-08-094311-40
COLLIER COUNTY SURPLUS 2-27-99
Settlemeni Page:
Seller: 2 Collier County Sheriff
Item Description Price Qty Total
154 91 FORD CROWN VIC i
2FACP72G1MX177133 WHITE 86078
120
~0*~ 7=5 90 CHEVY CAPRICE 1 700 00
1G1BL5474LA136000 WHITE 123521
1044
20 O 156 92 OLDSMOBILE
1G3HN53L7NH37027S BLUE 102755
203
20 ! !~ 91 FORD CROWN VICTORIA _
2FACP72GOMXI7713S WHITE 74244
26 5 lSS 92 FORD CROWN VICTORIA L 3,00C 00
2FACP72NX245627 WHITE 108222
290
20 9 159 90 CHEVY CAPRICE ~ 850 00
1G1BL5472LAi35511 ;';HITE 124]~
1032
20'9 160 87 MERCURY GRAND ~,RQUIS i 200 00
2MEBM74FOHX648552 TAN EXEMFT
962
20:~ 161 90 GMC C2500 I 3,900 00
1GTFK24MXLE532525 WHITE 124887
1091
2O, T i~2 90 CHEVY CAPRICE . 1,000 00
1GIBL5477LA135259 WHITE 0S6~57
1027
20~8 163 94 FORD CROWN VICTORIA ! 2,200.00
2FALPTIWgRX177333 WHITE 125573
448
211 ROBOT TRAILER ! 75.00
214 DOG TRUCK CAGE I IG0.u~
214A Small u!itl~ tri ! 575.00
335 HANDHELD & OBILE RADIOS 1 4,500.00
410 PALLET OF MONITORS 1 25.00
41! GROUND LOT - MONITORS 1 130.00
4!2 PALLET OF MONITORS 1 90.00
413 PALLET OF MONITORS ! 90.00
4i4 LOT OF CPU'S ! 75.00
415 TABLE TOP - MONITORS 1 90.00
416 TABLE TOP - CPU 1 40.00
Date: 04 12-1999
FIRST COAST AUCTION & REALTY, INC
5562-2 TI}~QUANA RD JACKSONVILLE, FL 32238
AB 150 86 SALES TAX # 26-08-094311-40 COLLIER COUNTY SURPLUS 2-27-99
'eme]t Page:
~ 2 Collier County Sheriff
Item Description Price Qty Total
417 GROUND LOT - MONITORS 1 70.00
418 GRCU~D LOT - L~PICPS i 1,000.00
419 TABLE TOP - KEYBOARDS\CPU 1 10O.00
420 LOT - KEYBOARDS i 15.00
421 TABLE TOP - CPU 1 90.00
422 TABLE TOP - CPU i 40.00
423 TABLE TOP - MONITORS 1 90.00
Items: 112 mount: 171,495.00
THANK YOU FOR ']TNC~ FIRST COAST AUCTION ,q RF.\'."'. fx,i. WE APPRECIATE YOUR
BUSINESS. iF ~; Clc~ BE ANY FUF. 71: '~' :~6~7 .... =~'- "1 OF, iF YOU'RE IN NEED OF
OUR SERVI
~Date: 04-05-1999
FIRST COAST AUCTION & REALTY INC
5562-2 TIMUQUANA RD JACKSONVILLe, FL 32238
0 4311-40
AB 15 286 SALES TAX # 26-08- 9
COLLIER COUNTY SURPLUS 2-27-99
Settlement Page: 1
Seller: 3 Property Appraiser
Item Description Price Qty Total
1052 2 95 CHEVY CORSICA 1 4,800.00
1G1LD5544SY103686 WHITE 035052
940066
Items: 1 Amount: 4,800.00
THANK YOU FOR USING FIRST COAST AUCTION & REALTY, INC. WE APPRECIATE "~TTR
BUSINESS. IF WE CAN BE ANY FURTHER ASSISTANCE TO YOU OR IF YOU'RE IN ED OF
OUR SERVICES AGAIN, PLEASE DON'T HESITATE TO CALL.
MAY 1
,Date: O~ -12-1999
FII 3T COASi AUC '17:.~ .~ ZALTY INC
5562-2 DIMUQU?INA RD , r.- :NVILLA, FL 32238
°' '4K 772-0110 L..
TM . ~S04) 777-8387
COLLIER COUMTY SURPLUS 2-27-99
Settlemet t Page:
Seller: 12 Parks & Recreations
Item Description Price Qty Tctai
1~ ~ 200 87 cUSHFLAN TRUeESTER MODEL I 400.00
53087A
597~72 871508
D 9 201 RANSOME TllDV 72~IN RIDING 1 200.00
MOWER
1092 890335
!0 1 202 90 EZ GO TRUCKSTER W./SPP~Y 1 80O.0O
RIG
1845 901159
10 6 203 92 EZ GO GOLF CART 1 _=50.0c
691485 920621
10 1 204 87 CUSHMAN TRUCKSTER MODEL i IS~=.00
530873
597331 871507
10 S 205 89 E-Z GO TRUCKSTER . 400.00
001091 890337
10'9 20~ 92 JOHN DEERE AMT626 i 550.00
UTILITY VEHICI,E
WO0626X0!13'.,'
10; 4 ?C~ 89 JOHN ' ..... . i 250.00
': 1 550. O0
I i00. o0
1 100.00
! 400.0C
_,.iA DECK 1 85.00
50105 841293
10S ) 219 "1 CUSEMAU ?2-IN RIDING i 2,900.00
;O~ER
~1005958 910090
llCl 270 93 JACOBSEN TURCAT ?2-IN 1 ~00.00
MOWER
2309 930241
Date: 04-12-1999
FIRST COAST AUCTION & REALTY INC
62
55 -2 TIMUQUANA RD JACKSONVILLe, ?L 2223~
(904~ 772-0110 FAX (904) 777-8387
X 12
AB 150 U 286 SALES TA, # 26-08-094D -40
COLLIER COUNTY SURPLUS 2-27-99
Settlemen~ Page: 2
Seller: 12 Parks & Recreations
Item Description Price QCy ToZa!
10~9 222 91 TORO 52-IN RIDING MOWER 1 5C0.00
3055510250 900098
10~8 223 91 TORO 220 52-IN RIDING 1 !O0.C0
MO~ER
3079810182 900097
!0~ 224 88 jOHN DEER 775 TRACTOR ! 4,400.00
MOO755D435333 88263
10'7 225 88 JACOBSEN 66074 3-GANG ! 5.00
REEL MO;~ER
71105231716 88424
100 227 83 TORO RIDING REEL MOWER I 252.3C'
03387-20216 83356
10 5 22e 92 ~'BOTA L2560DT-~q FRONT ~ 5,SCO.0C
LOADER
3020771746 920052
10 6 229 88 JOHN DEERE 755 TRACTOR ~ 3~40G.~]
MOO755D436122 88264
!0~ 0 230 LESCO 50C-D 5-GANG REEL _ ~C'O.C0
MOWER
6BC0005~ 890341
10,7 231 86 JACOBSEN 72-IN RIDING I 52~.00
3039 85894
I019 234 87 TROPICAL 21-FT TRAILER ! 600.00
FLG06621087CC 871498
i0iG 235 86 TROPICAL 21-/T TRAILER I 700.00
700021070508861310 86541
l!(O 238 93 MCLAZ4E WALK BEHIND REEL i 95.00
MOWER
135655 930073
242 JOHn; DEERE 21-IN PUSH MOWER i 50.00
GX14SBX030824 891544
245 FLOOR BUFFERS i 2~.0C
88889
246 FLOOR BUFFERS Sold with izem 245
81375
248 95 JOHN DEERE HEDGE TRI~.~ER _ 60.00
0109e6
Items: 32 ~mc'~n~: ~O, .
~ 180 00
Date: 04- .2-1999
FIRST COAST AUC~ :~EALTY INC
5562-2 TIMUQUANA RD ~. .-~5 NVILf~,
O FL 32238
AB 150 6 SALES TAX ~ 26-08-094311-40 ...... ~ ~ .... SURPLUS 2-27-9~
Settlemen ~
Seller: 12 Parks & Recreations Page:
"' FOR USING FIRST COAST AUCTION & REALTY INC. WE APPRECIATE YOUR
.~, IF WE CAN BE ANY FURTHER ASSISTANCE T6 YOU CR IF YOU'RE IN NEED OF
,. SERVI 'ES AGAIN, PLEASE DON'T HESITATE TO CALL.
tDate: 04.12-1ggQ
FIRST COAST AUCTION & REALTY INC
5562-2 TIMUQUANA RD JACKSONVILLe, FL 32238
AB 86 SALES TAX ~ 26-08-094311-40
COLLIER COUNTY SURPLUS 2-27-99
Settlemen. Pace:
Seller: 13 Naples Transfer Station ~
Item Description Price Qty Total
10 8 217 87 BOBCAT 743 SKID STEER
LOADER
5019M26844 871013
THANK YOU FOR USi:~G FIRST COAST AUCTION & REALTY, INC. WE APPRECIATE YOUR
BUSINESS. IF WE CA~ BE ANY FURTHER ASSISTANCE TO YOU OR IF YOU'RE iN i'~EEU CF
OUR SERVI, ES AGAI.~, PLEASE DON'T HESITATE TO CALL.
~Date: 04-05-1999
FIRST C !TiON; , ;; :f INC
5562-2 TIPHi JAC~ ~"I\' -L~, FL 32238
(904~U~ FAX ~9~ ~) ;'77-8387
AB 150 S TAX -: ' 08-094311-40
COLL~ .Iy SUR: _~:' 2-27-99
Settlement Page: i
Seller: 15 Natural Resources
Ite- ~es~ri~ticn Price Qty Total
:":'~ ~ .... ower t 600.00
Items: 1 Amount: 600.00
INC. WE APPRECIATE YOUR
YOU OR IF YOU'RE IN NEED OF
1999
~Date: 04-05-1999
FIRST COAST AUCTION & REALTY INC
5562-2 TIMUQUANA RD JACKSONVILLI, FL 32238
(904k 772-0110 FAX (904) 777-8387
AB 150 U 286 SALES TAX # 26-08-094311-40
COLLIER COUNTY SURPLUS 2-27-99
Settlement Page: 1
Seller: 17 Ochopee Fire
Item Description Price Qty Tctal
1129 206 SEARS 8HP RIDING LAWNMOWER 1 50.00
02760091 GIFT
Items: 1 Amount: 50.00
THANK YOU FOR USING FIRST COAST AUCTION & KEALTY, INC. WE APPRECIATE YOUR
BUSINESS. IF WE CAN BE ANY FURTHER ASSISTANCE TO YOU OR IF YOU'RE IN ~EEE CF
OUR SERVICES AGAIN, PLEASE DON'T HESITATE TO CALL.
$Date: 04-05-1999
FIRST COAST AUCTION & ~ f, INC
5562-2 TIMUQUANA RD JACKS .... %E, FL 32238
(904A 772-0110 FAX (904j 77-8387
AB 150 U 6 SALES TAX # 26-08-094311-40
28
COLLIER COUNTY SURPLUS 2-27-99
Settlement Page: _
Seller: 408 Agency 408
Item Descripticn Price Qty Tcta!
15 7 91 CHEVY S-10 4X4 PICKUP ! 3,100.00
1GCCT14Z2M2249591 WHITE 07492e
910035
1026 2C 92 CHEVY C!500 i 3,000.00
1GCDC14Z7NE200892 WHITE 146622
920017
1023 22 91 DODGE ~ 150 PICKUP i 2,600.0C
1B7HE16YSMHB03649 WHITE 1!76C4
910511
1006 24 89 CHEVY C3500 W/ UTILITY 1 3,300.0C
BOD
1039 25 93 CHEVY C2500 W/UTILITY ! 7,40C.00
BOD
1'338 li 92 CHEVY CZS00 W, UTi' .... _ S,3CC.Li
BOD
10~i 21 ~3 CHEVY C3500 W ..... iiUU ~ .' s00
BOD
~^~ ~ 92 CHEVY 035C' -"l "~ ~ 6,000 0C
BED
1GBHC34K5NFi64849
920011
~n~ ,_ CHEV'i '~ ~ 6,250
BODY
9i0C;-'
~2 o' ...' _ 6,2~0.~30
LI'FY ! 4,250. O0
._171 1 8,700.00
._i_ll'Y ! 6,~00.00
! 9,500.00
__ ~ i.iiiPE EXEMPT
:-2 ."~2' '2 1 4,200.00
l'l ]Y~ ..... . ....}56 WHITE EXEMPT
_211 ....aV'f S-i0 PICKUP i i,gO0.G0
iGCCS14ZXM8223045 WHITE 100882
910024
Date: 04-05-1999
FIRST COAST AUCTION & REALTY, INC
5562-2 TIMUQUANA RD JACKSONVILLE, FL 32238
<9 4 uvv2-0 10 FAx <904/v7 -8387
AB 15 286 SALES TAX # 26-08-094311-40
COLLIER COUNTY SURPLUS 2-27-99
Settlement Dace:
Seller: 408 Agency 408
Item Description Price Qty Tcta!
1014 45 91 CHEVY S-10 BLAZER 1 4,500.00
!GNCT18ZOM9222386 WHITE 057228
910025
1002 53 88 GMC1500 4X2 PIC~P TRUCK i 3,500.CC
!GTDC14Z!JZ537285 WHITE EXEMPT
880023
1002 56 87 CHEVY S-10 4X2 1 1,400.00
1GCCS!4EOH2!92880 WHITE EXEMPT
87934
1086 207 89 JOHN DEERE RIDING MOWER 1 250.00
M00185A5954961 892027
10e2 225 84 ~JBOTA TRACTCR W/'MOW!NG
DECK
10780 84736
~'n~ 2~6 a4 KAWASAKi f~JTE i000 i ~ 0O0 CO
jK!AFGBiOJBECg040 940695
229 AUTO CRANE ! 425.00
240 MILLER WELDER ! 450.00
862206
Items: 24 Amount: i06,271.00
T}LANK YCU FOR USING FIRST COAST AUCtiON & REALTY, iNC. WE APPRECIATE YOUR
BUSINESS. IF WE CAN BE ANY FURTHER ASSISTANCE TO YOU 2R iF YOU'RE IN NEED OF
OUR SERVICES AGAIN, PLEASE DON'T HESITATE TO CALL.
:Date: 04-05-1999
FIRST COAST AUC'I_ ? ~ !'ALTY, INC
5562-2 TIMUQUANA RD '.'4 NVILLE, FL 32238
(90~ 0
As ls0 s TA: 26-08-09431z-4c
COLLIER COUNTY SURPLUS 2-27-99
Settlement Pace: _
S=iier: 522 Fleet Management
Item Descripticn Price Qty Tcta!
.7 1 95 CHEVY CAPRICE STATION i 7,700.00
WAGO
i0i0 5 90 CHEVY CELEBRITY i 2,400.00
STATIONWAG
1058 6 95 CHEVY CAPRICE STATION _ 8 400.00
WAGO
1029 S 93 CHEVY 1500 PIC~j? _ 4 650.00
!GCDC1422PEi671~8 ':'CYCTE 072295
930015
1055 9 95 CHEVY S-!0 -."' ~..'="KD ! 7 800.00
CA
1046 _l 94 .... i': E~'7= ..... .' _ 7,250.00
I=~' .-_~_ =
"~= ....... _ 6,TO0.O0
_ ,',D00.O0
_ 3,550.00
_ 4,000.00
iVY 2-10 4X4 ll//~.;l i 7,600.00
.... · _. . 'i~i.'7 .-10 PICKUP ! 2,400.00
_~2!.S14R,iGMg220203 WHITE 64696
910'
1035 IS 9Z :HEV"j FjLL-SIZE _ 8,600.00
B' iER4X4
.,EKlBK5PgZ55852 WHITE 81267
~0029
1028 ." .~3 CHEVY 1500 PICKUP I 4,500.00
lGCDC14Z3PE166!3! WHITE 9825?
930013
10~3 I 93 CHEV K3500 PICKUP ! 3,600.00
1GCHKB4K2PE16964 WHITE 136941
930023
1045 22 94 FORD F250 ! 6~400.00
1FTEF25N892592 WHITE 122890
940011
D~l~e: 04-05-1999
FIRST COAST AUCTION & REALTY, INC
5562-2 TIMUQUANA RD JACKSONVILLE, FL 32238
AB 15 U 286 SALES TAX # 26-08-094311-40
COLLIER COUNTY SURPLUS 2-27-99
Settlement Page:
Seller: 522 Fleet Management
Item Descripticn Price Qty Tcta!
1037 23 93 CHEVY C3500 W/ UTILITY 1 ll,O00.0O
BOD
1024 29 93 CHEV K3500 W/UTILITY 13.5' D0
BODY
1GBjK34N7P166491 WHITE 81156
930024
1021 42 CHEVY K3500 W/FLAT BED 1 8 750 O0
1GBJK34N4PE167467 WHITE 061688
9~0019
1016 43 CHEVY G!0 CARGO VAN ! 3 800 00
2GCCG!SZ2M41!2247 WHITE 056181
910037
!027 46 93 CHEVY S-10 4X4 PIC~iP i 3 300 0C~
1GCCT19Z!P8!695C2 WNiTE !2!2S5
920009
"~'S 4' 04 FORD RA~;GER =v~r" ~ CAB I 6 C0C ~
iFTDRi5X4RTA43299 W}~ rE 84975
5 DIGIT 940018
1050 48 94 FORD F150 P!CKZ~P _ D ~0u 0O
!FTEF!5N6RNB!7!58 WHITE 77681
940035
I012 49 91 CHE"Y CORSiCA i 2 350 0O
1GiLTSLPXMY145067 WNLrE 041846
910017
i0~0 =' 9~ CHEVY S-10 PIC}7jP 1 3 100 0O
IGCCT!gZBPS!70716 WHITE 125498
930018
1059 52 85 FORD BRONCO 4X4 1 ~ 300.00
1FMDU15NSFLB00453 WHITE EXEMPT
970066
1036 54 93 CHEV BLAZER 4X4 ! 7 250.00
1GNEKI8K1PJ355864 WHITE 101531
930030
1049 55 94 FORD P~ANGER EXTENPPD CAB ! 6,100.00
1FTDRi:X2RTA43303 WN~E 093167
940019
~^~ 57 91 FORD 3350 A_MBULANCE 1 3 500 00
(~16
1FDK~30M6MHB03649 WHITE 15024
920002
D M 8 113332
940010
MAY 111999
Date: 04-05-1999
FIRST COAST AUCTION ~ "ALT" INC
5562-2 TI~'UQUANA RD JACh~! Ti i, FL 32238
(904~ 772 0110 FAX (90-~ 777-8287
As 150 iu TAX
SALES ~ 26-08-094311-40
COLLIER COUNTY SURPLUS 2-27-99
Settlement Page:
- ~ ~ ~r: = ~ ~ v ~ = =-- i.!ana~ement
~=- Description Yrice Qty ~-~
59 94 FORD 350 AMBULANCE (~3) 1 7,500.00
1FDKE30MORHB7i470 WHITE 096002
940064
eC 92 FORD ;hMBULANCE 1 5,500.C.C
IFDKE30MgPHB92251 WHITE EXEMFT
940003
ENgiNE ~ 50 O0
243 ~ - ·
244 EOHLER ENGINE i 9~.00
247 HONDA liHP MOTCR 1
items: 25 Amcunz: i91,47G.30
T':' K "'U FOR USi~'jG FIRST COAST AUCTION & REALTY, INC. iqE APPRECIATE YOUR
' _j: iF i~E ZA2~ == ~'vz =uRmu=R ASS-S~'~C~ -~ '.'~T' t.~ _: YC;U'RE "~ "==' OF
~jR SE.. iCES AGAIN, PLEASE DON'T HESITATE TC Cj'.i.r
:~te: 04-05-1999
FIRST COAST AUCTION & REALTY, INC
5562-2 TIMUQUANA RD JACKSONVILLE, FL 32238
AB 15 ES TAX ~ 26-08-094311-40
COLLIER COUNTY SURPLUS 2-27-99
Settlement Page: _
Seller: 910 Agency 910
Item Description Price Qty Tcta!
1008 3 91 CHEVY CAPRICE 1 2,200.0C
1G1BU54E1LRll!603 BLUE 06977
5 DIGIT 900002
1005 4 39 FONTiAC BCNiiEVELLE _ i,!OC..0C
1G2HX54C6iG~242472 WHITE EXEMPT
890002
1043 i7 94 FORD F150 EXTEND CAB i S
PiCR~
1022 26 91 FORD F700 =~I- =m~ DUMP _ 9,900
!FDNF70jC;~ZASOS21 :*jHiTE 131745
910059
iFDNF70j2MI~A30~21 WHITE 078988
910057
I007 3S 89 FORD F700 FITBED DUMP i 9,060 O0
IFDNF70H6R~zA40667 WHITE EXEZ{FT
890044
1019 41 91 FORD F700 DU>~P i },SCO ?C
!FDNF70J6N~.ZA20517 WHITE 09724?
910055
1009 50 89 CHEVY ASTRC VAN ! 2,450 00
IGNDMISZOK~i53!24 BLUE EXE?,iPT
900003
1065 232 86 FORD HODEL 4610 T~CTOR i 4,100 00
C754489 86370
1073 222 87 FORD I<ODEL 6611 TP~CTOR 1 7,250.00
BB18063 871823
241 92 SARLO 2i-iN PUSH MOWER _ 50.CO
0187602 -
600 TRIPLEWIDE MOBILE un~m ~ ~ 200 00
(I2e%OK
items: 12 Amount: 69,850.00
TH~SK YOU FOR USING FIRST COAST AUCTION & REALTY, INC. WE APPRECIATE 'fOUR
BUSINESS. IF WE CAN BE ANY FURTHER ASSISTANCE TO YOU OR IF YOU'RE IN NEED OF
OUR SERVICES AGAIN, PLEASE DON'T HESITATE TO CALL.
~Date: 04-02-1999
,iF ~ ~AST ADC! ~N : F.~iALTY, INC
t~f,I " '. QUANA RD ,rAt' ~ONVILLE, FL 32238
~90 '772-0~ ' O A)[ :904) 777-8387
A'h 150~[U 286 .!.~L' TAX ~ 2 -08-094311-40
6
COLLIER COUN'i'X SUR[LUS 2-27-99
Settlement Page
Seller: 50 Evidence
Item Description Price Qty Total
300 SPEAKER 1 65.00
301 SPEAKER 1 40.00
302 4 FISHING RODS w/tackle box 1 130.00
303 DENT PULLER 1 20.00
304 STEREO COMPONENTS 1 120.00
304A SONY TUNER 1 35.00
305 TILE CUTTER 1 85.00
306 TILE CUTTER 1 35.00
307 BODY\FRAME REPAIR EQUIP 1 55.00
308 DRILL 1 10.00
309 HUFS~INGBIRD LCR 1 25.00
310 FISH FINDER ! 40.00
311 DRILL i 10.00
~!2 DRILL ~ ~.0C
313 DRILL f 40.00
314 DRILL ! 45.00
315 DRILL cordless screwdr:~'er I 5.00
216 DRILL I 30.00
2t7 DRILL makita I 10.00
218 DRILL 1 30.00
219 DRILL 1 35.00
220 DRILL 1 45.00
321 DRILL ! 20.00
322 DRILL. 1 45.00
323 DRILl 1 45.00
32~ DRIL I 45.00
25 BOI..;7 ~ .... I 15.00
26 G~ 1 15.00
~'.' C., 1 120.00
]e' c' 1 160.00
,9 1 75.00
~C 1 25.00
1 25.00
1 45.00
1 55.00
1 250.00
1 5.00
r 1 95.00
1 45.00
._CiRIC ORGAN 1 25.00
,L 1 50.00
Dj~e: 04-02-1999
FIRST COAST AUCTION & REALTY, INC
5562-2 TIMUQUANA RD JACKSONVILLE, FL 32238
0110 FAx
AB 50 ~ SALES TAX # 26-08-0~431!-40
COLLIER COUNTY SURPLUS 2-27-99
Settlement Page:
Seller: 50 Evidence
Item Description Price Qty Total
341 TV 1 25.00
342 TV 1 60.00
343 VCR & misc e ui 1 110.00
345 MICROWAVE 1 20.00
346 SPEAKERS 1 210.00
347 POWER ~MPS 1 130.00
348 CELL PHONES 1 1~.~~
349 AMPS 1 20.00
350 AMP 1 30.00
351 GUITAR 1 90.00
352 BOOM BOX 1 110.00
353 SPEAKER 1 75.00
354 PAIR CF SPEAKERS 1 140.00
355 PAIR OF SPEAKERS 1 30.00
356 SPEAKER 1 7C.00
357 SPEAKER ! 75.00
358 SPEAKER 1 50.00
359 SPEAKER 1 ~0.00
360 SPEAKER 1 2.0.00
361 SPEAKER 1 250.00
362 PERFUME 1 120.00
363 VIDEO GAME 1 30.00
365 C CAR STEREO~ 1 125.00
366 VIDEO CAMERA 1 85.00
367 CASSETTE PLAYER 1 5.00
368 RADIO 1 60.00
369 DIGITAL DIARY 1 15.00
371 CASSETTE PLAYER 1 5.00
372 CASSETTE PLAYER 1 10.00
373 MORELCO SHAVER 1 35.00
374 CASSETTE PLAYER 1 10.00
375 KODAK CAMERA 1 25.00
376 CASSETTE PLAYER 1 10.00
377 VIDEO CAMERA 1 170.00
378 CASSETTE PLAYER 1 10.00
379 CALCULATOR 1 15.00
380 MOBILE CAMERA 1 310.00
381 Boom box 1 120.00
382 CELL PHONES 1 45.00
Date: 04-02-1999
FIRST COAST AUCTION & RL~ INC
5562-2 TIMUQUANA RD JACKSONVi ~ FL 32238
(904~ 772-0110 FAX (904) ?~7-8387
- 94311-4
AB 150 U 286 SALES TAX # 26-08 0 0
COLLIER COUNTY SURPLUS 2-27-99
Settlement Page: 3
Seller: 50 Evidence
Item Description Price Qty Total
383 MISC ELECTRONICS 1 160.00
384 MISC ENTERTAINMENT 1 t00 00
385 MISC STEREO 1 30 00
386 BOX OF MISC 1 30 00
387 BOX OF MISC i 150
388 BAGS OF CDS 1 90 00
389 BAGS OF CDS 1 50 00
390 BAGS OF CDS ! 40.00
'~191 SPOTLIGHT 1 25.00
92 DIGITAL THERMOMETER 1 5.00
.93 TELESCOPES 1 90.00
134 FLAG
3~5 BINOCULARS i 20.00
3~ BINOCULARS 1 25.00
39' BINOCULARS ! 25.00
39~ BINOCULARS 1 25 00
39~ HAND HEID ~D!OS 1 !!0 00
~0] K~DAP" ~S 1 70 O0
" 1 100 00
i 65 O0
i 30 O0
! 40.00
1 40.00
.~=unt: 6,720.00
· ,jE APPRECIATE YOUR
_,j OR IF YOU'RE IN NEED OF
EXECUTIVE SUMMARY
AUTHORIZE STAFF TO REJECT PROPOSALS RECEIVED FOR RFP #98-2785
DEPARTMENT OF REVENUE INTEGRATED SOFTWARE SYSTEM.
OBJECTIVE: To have the Board reject proposals received for RFP #98-2785 and re-
solicit at a later date.
CONSIDERATION: The Purchasing Department solicited proposals for a "Department
of Revenue Integrated Software System. Three proposals were received by the due date
of June 5, 1998.
The three proposals received proposed to satisfy essential RFP functionality in future
releases, which precluded actual user evaluation. Staff recommends giving the products
and the market time to mature before continuing with the bid process.
FISCAL IMPACT: Not Applicable
GROWTH MANAGEMENT IMPACT: Not Applicable
RECOMMENDATION: To reject proposals received for RFP 98-2785 - "Department
of Revenue Integrated Software System" and authorize staff to re-solicit at a later date.
MAtTLi 1 1999
SUBMITTED BYC'~~~
Principal InEo~mion Tee~olo~y ~mEessional
~VIE~D BY: ~ Date: Bil
Director - Info~ation Tee~ology
-,
Steve C~ell
Director - Purchasing
Leo 6chs
Administrator- Suppoa SeNices
h
EXECUTIVE SUMMARY
Approval of Membership in the National Association of Counties
OBJECTIVE: That the Board of County Commissioners approve membership for
Collier County in the National Association of Counties.
CONSIDERATIONS: The National Association of Counties (NACo) is the only
national organization that represents the interests of counties at the federal
level. In addition to providing federal legislative representation on subjects of
importance to county governments, NACo membership offers other benefits as
follows:
· Research, information and publications on items of interest to the county
· Networking with other county officials through conferences and committees
· Training and workshops on legislative issues
· Large-scale cooperative purchasing opportunities
Each of these items provides both Commissioners and staff an opportunity to
learn directly from the experiences of other counties who may have had
challenges similar to those faced by Collier County.
GROVVTH MANAGEMENT IMPACT: There is no impact to the recommended
action.
FISCAL IMPACT: Annual membership dues to NACo would be $2680 for the
membership year which runs concurrent with the calendar year. A pro-rated
membership is available for May through December for $1787. A budget
amendment is required to make these funds available from General Fund
reserves.
RECOMMENDATION: That the Board of County Commissioners approve
membership for Collier County in the National Association of Counties, and
approve the necessary budget amendment.
EXECUTIVE SUMMARY
APPROVAL FROM THE BOARD OF COUNTY COMMISSIONERS FOR A
BUDGET AMENDMENT APPROPRIATING ADDITIONAL CARRYFORWARD
FOR THE PURCHASE OF TWO YAMAHA BOAT MOTORS.
OBJECTIVE: To obtain approval from the Board of County Commissioners of a
budget clmendment to recognize and appropriate additional carryforward for the purchase
of two 1999 Yamaha boat motors.
CONSIDERATION: The Isles of Capri Fire Department operates the only Advanced
Life Support equipped rescue boat in Collier County. The single 1992 Mercury 200 hp
motor that was originally donated to the department with this boat has not provided the
sufficent horsepower needed for the weight ofpersormel and equipment. This
underpowering has resulted in the need to rebuild the motor's lower unit on three different
occassions totaling $3,943 in FY 97 and 98. The purchase of these two motors is needed
to maintain and enhance the response to marine related incidents in Collier County.
FISCAL IMPACT: The cost of this equipment is $22,150.00. The cost of these boat
motors will be funded by recognizing and appropriating the additional carryforward and
reducing reserves in the Isles of Capri Fire Control Districts budget.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners approve the
necessary budget amendment to recognize and appropriate additional carryforward for the
purchase two boat motors.
SUBMITTED BY: .~mih~o~ Date: .S'- 3'c;c,7
e Chief
Isles of Capri Fire Control District
REVIEWED BY: ~ _v _ , ns/. Date: ~.
~ e cees No. t to
Assistant County Administrator
HAY 11
Pg.
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
MAY 11, 1999
FOR BOARD ACTION:
1. Satisfaction of Lien: NEED MOTION authorizing the Chairman to sign Satisfaction of
Lien for Services of the Public Defender for Case No.: 88-0650-MMA
2. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED:
3. Clerk of Courts: Submitted for public record, pursuant to Florida Statutes, Chapter
136.06(1 ), the disbursements for the Board of County Commissioners for the period:
A. April 12-16, 1999
B. April 19 - 23, 1999
4. Districts:
A. Port of the Islands Community Improvement District - Minutes of February 18,
~, 1999 and March 18, 1999 meetings
B. Key Marco Community Development District - General Purpose Financial
Statements of September 30, 1998; Local Government Annual Financial Report;
Management Letter, Management Letter Comments; and Description of
Outstanding Bonds
NAY 11 1999
pg. /
EXECUTIVE SUMMARY
RECOMMEND THAT THE BOARD OF COUNTY COMMISSIONERS UPDATE A DOCUMENT
FOR THIRD YEAR STATE CRIMINAL ALIEN ASSISTANCE PROGRAM (SCAAP)
GRANT FUNDS.
OBJECTIVE: TO seek consent from the Board of County Commissioners
for an updated signatory approval letter for third year State
Criminal Alien Assistance Program (SCAAP) grant funds due to change
in Board Chairman subsequent to the last submitted letter.
CONSIDERATION:
On September 1, 1998, former Board Chairwoman Barbara B. Berry
designated Sheriff Don Hunter as the signing official for second
year State Criminal Alien Assistance Program (SCAAP) funding. When
the Board Chair changes, a revised letter needs to be executed. An
updated letter needs to be signed by the current Board Chairwoman.
FISCAL IMPACT: Potential award of funds for costs associated with
incarceration of aliens. This would be an outright award with no
required local match or other expenditure.
GROWTH MANAGEMENT: No recurring costs for subsequent years.
RECOMMENDATION: That the Board of County Commissioners approve the
updated signatory letter from the current Board Chairwoman for
third year State Criminal Alien Assistance Program (SCAAP) funds.
PREPARED BY: Crystal K. Kinzel,'Financ~ Director
APPROVED BY: ~nHunt r, Sheriff
DATE: May 3, 1999 .
AGENDA ITEM
MAY 11 1999
a: xs. scde3
Pg._ ~ ..... _
ITEM S/--/F sCEIVED:
FILE NO.:
ROUTED TO: COUNT 'i"
DO NOT WRITE ABOVE THIS SPACE
(Please type or print)
Date: May 3 1999
,. ..
To: Office of the County Attorney Attention: Thomas Paimer, Esq.
From: Crystal K. Kinzel , Finance Director
{Name] (Title)
Sheriff's Office Finance Division
(Division) (Department)
Re: State Criminal Alien Assistance Grant Program
{Subject)
BACKGROUND OF REQUEST/PROBLEM:
(2escrihe [roblem and give background information - be specific, concise, and articulate).
feriff Don Hunter is seeking third year State Criminal Alien Assistance
Program (SCAAP) grant funds. Former Board Chairwoman Barbara B. Berry signed
the last signatory delegation letter. When the Board Chairman changes, a new
delegation letter needs to be submitted to the grantor. Approval from the
Board is being sought to have an updated letter signed by the current Board
Chairwoman. The Executive Summary and designation letter are attached for
your approval.
(Are l:.ere drr:rer. ls cr other information needed to review this matter? if yes, attach and referenre this
informaLi:n]. Yes - lasl year's execu:ive summary and delegation letter.
THIS ITEM HAS/HAS NOT BEEN PREVIOUSLY SUBMITTED.
(If F. reviousi~, su~:mitted, prcvide County Attorney's Office file nu~uber. )
ACTION REQUESTED:
(~e very specific. identify exaczly what you need in the way of legal services. )
Legal approval of the delegation letter. _
AGENDA ITEM
~ No,J c,' -r I
2HER COMMENTS:
CC: Don Hunter, Sheriff MAY 11 1999
All r ~u~=~ mus: be copied to ycur appropriate Division Head
or Constitutional Officer. }
~:~/a:sc~ pg.__ i)
3301 East Tamiami Trail · Naples, Florida 34; ,. , . 7
John C. Noms (941) 774-8097 ° Fax (941) 774-3602
District 1
Ja:'-,es D Carte{'. Ph.D.
D~stnct 2
Timothy J. Constantine
District 3
Pamela S. Mac'Kie
District 4
Barbara B Ber'~,
District 5
..... 999
==.u .Df Justice Assistance Control Desk
lnd iana Avenue, NW
Wa,:-Ehin.ZEon, DC 20531
Re: Designated Official
Fcr SCAAP application
Gentlemen:
Pursuant to the Bureau of Justice Assist~n~= ...... : '~ :ompliance
requirement, as the Chairwoman of ' ' Board of
Commissioners, approve and designate r Collier
County, Florida, or any future t = as the
signing official for aPPtica~ ~c' ! Alien
Assistance Program (SCAAP) fund!;
Sincerely,
Pamela S. Mac'Kie, Chair~
~'~llier County Commiss~
..ssdel3
AGENDA ITEM
No.i/· ,! ~,
11 1999
.-~
EXECUTIVE SUMMARY
RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS
APPROVE THE STIPULATED FINAL JUDGMENT RELATIVE TO THE EASEMENT
ACQUISITION ON PARCEL NO. 43 IN THE LAWSUIT ENTITLED COLLIER
COUNTY v. COMMUNITY DEVELOPMENT CORPORATION OF SOUTHWEST
FLORIDA-HICKORY BAY WEST, et al., Case No. 94-2934~CA (Bonita Beach Road Four-
laning Project No. 60021)
.O.B. jEC_TI_~Y~ That the Board of County Commissioners approve the Stipulated Final Judgment
as full and final compensation to be paid for the acquisition of the easement on Parcel No. 43 for
the Bonita Beach Road Four-laning Project in the lawsuit entitled Collier County v. Community
Development Corporation Of Southwest Florida-Hickory Bay West, et al., Case No. 94-2934-CA.
CONSIDERATIONS: On December 12, 1994, an Order of Taking was entered in Collier
County Circuit Court regarding the acquisition of easements for the Bonita Beach Road Four-
laning (Project No. 60021). On December 28, 1994, Collier County deposited with the Registry
of the Court the sum of Nine Hundred and No/100 Dollars ($900.00) for Parcel No. 43
(temporary 'construction easement) in accordance with the Order of Taking.
Through negotiations, the parties have reached a settlement agreement whereby the property
owner, Dell E. Cook, will be fully and fairly compensated for the property interests taken for the
public purposes enumerated in the resolution of condemnation (Resolution No. 94-356). The
terms of the settlement agreement are set out in the Stipulated Final Judgment (attached as
Exhibit "A' ').
The Stipulated Final Judgment provides for Nine Hundred and No/100 Dollars ($900.00) to be
paid to the Defendant as full compensation for the property rights taken as to Parcel No. 43.
The Stipulated Final Judgment also provides that Collier County shall pay the Defendant's
reasonable attorney fees and costs in the amount of Three Hundred and No/100 Dollars
($300.00).
The Stipulated Final Judgment provides that Collier County shall deposit the additional amount
of Three Hundred and No/100 Dollars ($300.00) with the Registry of the Court.
Staff has reviewed the County's obligations stated in the Stipulated Final Judgment and consider
them to be reasonable.
Executive Summary
CC v. Community Development Corp. Parcel No. 43
Page 2
FISCAL IMPACT:
Cost: $300.00; to be obligated in the budget for FY 98/99.
Fund: 331- Road Impact Fee District I North Naples
Cost Center: 163650 - Road Impact Construction
Project Number: (60021) Bonita Beach Road Four-laning Project
GROWTH MANAGEMENT IMPACT; None.
RECOMMENDATION: That the Board of County Commissioners:
1. approve the Stipulated Final Judgment; and
2. approve the expenditure of the funds as stated; and
3. direct staff to deposit the sum of $300.00 into the Registry of the Court.
Prepared by:
Hei.di F. Ash~on Date
Vl~/dir~i~'A. ~yziw, ~ ,, Project Manager /
Public Works Engineering ~ep'artment Date/'
Reviewed by:
EdIls~hner, dm~ ~~'~
Public Works Division
Approved by:
b~vid C. Weige"l', ~ount~ttomey D
h:/ew/Executive Summary/CC v. Community Development Corp. Parcel No. 43
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,
Plaintiff
vs. Case No. 94-2934-CA-01-TB
Parcel No. 43
COMMUNITY DEVELOPMENT
CORPORATION OF SOUTHWEST
FLORIDA-HICKORY BAY WEST,
et al.,
Defendants.
/
STIPULATED FINAL JUDGMENT
THIS CAUSE having come before the Court upon Joint Motion made by Plaintiff, by and
through its undersigned counsel, and Defendant, DELL E. COOK, by and through his
undersigned counsel, for entry of a Stipulated Final Judgment as to Parcel No. 43, and it
appearing to the Court that the parties are authorized to make such Motion, the Court finding that
the compensation to paid by Plaintiff is the full compensation due the Defendant, DELL E.
COOK, and the Court being otherwise fully advised in the premises thereof, it is thereupon
ORDERED AND ADJUDGED that Defendant, DELL E. COOK, have and recover from
Plaintiff, COLLIER COUNTY, FLORIDA, the sum of Nine Hundred Do hr~ (.~q00-OO) for
3
Parcel No. 43, 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
ORDERED that the Court reserves jurisdiction to apportion and disburse the award of
Nine Hundred Dollars ($900.00) referred to above; and it is further
ORDERED that Defendant, DELL E. COOK, receive from Plaintiff as a reasonable
attorney fee in the sum of Three Hundred Dollars ($300.00). No other attorney fees or costs
shall be awarded in connection with the above-styled cause of action as it relates to Parcel No.
43; and it is further
ORDERED that the Plaintiff, COLLIER COUNTY, FLORIDA, shall deposit an
additional Three Hundred Dollars ($300.00), subject to the approval of the Board of County
Commissioners, into the registry of this Court within 30 days of the date of this Stipulated Final
Judgment; and it is further
ORDERED that the Clerk of this Court shall disburse the sum of Three Hundred
Dollars ($300.00), being the Defendant's attorney fees to Brigham Moore Gaylord Schuster
Merlin & Tobin, LLP, c/o Laura N. Camp, Esquire; 203 Southwest 13th Street, Miami, FL
33130-4219; it is further
ORDERED that title to Parcel No. 43 (temporary construction easement) being fully
described in Exhibit "A" attached hereto and incorporated herein, which vested in Plaintiff
pursuant to the Order of Taking dated December 12, 1994, and the deposit of money heretofore
made, is approved, ratified, and contimed; it is further
NO._ i {.,, l~T"g' .~ )
ORDERED that the Notice ofLis Penden~ filed in the above4tyled cause and recorded in
Official Record Book 1974, Page 1108-1126 of the Public Records of Collicr County, Florida bc
diamisscd as to .Parcel No. 43; it is therefor
DONE AND ORDERED in Chambers at Naples, Collier Cout~ty, Florida, this . .~
day of .1999.
Ted Brousseau
Circuit Court lmlge
confnnnod copies to:
Hcidi F. Ashton, Assi~,anl: County ARorney
Andrew Schuster, Eaqttirc
Vincent Murphy, Esquire
Howard Hall Griggs & Dorothy J~an Griggs
Kenneth R. 'John~3n, Esqgirg
Bookkeeping
E. Weber, CLA, Cry. Arty. Off., Certified Copy, Charge m: BCC Act - 3:H-163650-649030-60021
JOINT_ MOTION FOR STIPUI, ATED__HNAL/UI~MENT
The Parlies, hereby s~ipulgtc and rcspectfully mques-~ fitis Court to cater the foregoing
Stipulated Final Judgment.
Florida Bar No. 1~4660 Florida B~ Ne. 0966770
Brigham Moore Gaylord Schuster Assistant Counry Attorney
Merlin & Tobin. LLP 3301 Eass Tamiami Trail. 8' Floor
203 Southwsmt 13m Str~ Naples. Fibrids 34112
Miami. FL 33130-4219 (941) 774,8400 - Phone
(305) 858-2400 - Phone (941) 77,~O225 - Facsimile
(305) 858-5828 - Facsimile Attorney lot p1a;
A_-_omey for Defemlant AGENDA ITEM '
1 1999
3
Pg.
.......... ~ u~L~ pL~ [ De $ ,31r~rt
BONITA BEACH ROAD (C.R.865)
EXISTING RIGHT-OF-WAy
NORTH LINE OF SECTION 5,
TOWNSHIP 48 SOUTH. RANGE 25 EAST 7
d 198+00
,~ 196+00 N 89'44'46"E iLL) /
N 89'45'07" E CL SURVEY
d P.o.s. BEARING BASIS
~ X 65.0'
EXISTING RIGHT-OF-WAY .a~'~5'07'E N 89'45'0T' E
NOO'33'36'W / :.-. ':."'65;0".--': '.."'.' '~.,.S00'33'36'E
10.00' S 89'45'07' W 10.00'
65.0'
PARCEL PARCEL
PARCEL ~ 45
41 g 43
L0f od
, LoT LOT
LITTLE HICKORY SHORES UNIT #1 u.,
BLOCK "a" O.R. 1197
PLAT BOOK 3, PACE 6 Pc 682-683
65.Q'
w E ~ 8 g "'; 5 '% :/-T
S
SCALE: 1" = 50'
Parcel 43 - Construction Easement
OESCRIP'FION
That portion of o parcel situated in the NWl/4 (northwest
only-quarter) of Section 5. Township 48 Soulh, Range 25 East.
Collier County. Florida as recorded in Ofl'icial Record 8oak ~197,
Pages 682 and 683.
Being described as follows:
Beginning at the northwesterly corner of said parcel. being also o
point on the southerly right-of-way line of Banira Beach Road
(County Road 865): thence run NBg'45'OI'E along said southerly
right--of--way line for 65.00 feet to o point on the easterly line of
said parcel; thence run S00'33'36"E along said easterly line for
lO.O0 I'eet; thence run S89'45'07"W for 65.00 leer to o point on
the westerly line at said parcel; thence run NOO'35'36'W along
said westerly line for 10.00 feet to the Paint of Beginning.
Containing 650 square feet (O.015 acres), more or less.
Bearings ore based upon State Plane Coordinate System. West Zone
(Centerline Survey & South R/W being N 8g'45'07' E)
PROPERTY OWNER: DELL E. COOK
Area of Parcel 6,500 s.f.
Area of Easement 650 s.f.
Area of Remainder 5,850 s.f. ~~////~/ "
NOT A SURVEY CENE A. 'P~ARI~:
LEGAL DESCRIPTION AND SKETCH CERT. NO. 4756
A VALON ENGINEERING, INC. BONITA BEACH ROA0
(m3l
5TOU'I'Cl--ST'O,E:ROI'R'I)~Ir'F,_ FOLIO # 05-48-
~ A~ MAPPING
A i PARCEL:43
,~ (.,3) s.2-,.. DATE: 1/24/94
EX~BZt
EXECUTIVE SUMMARY
Request by the Collier County Educational Facilities Authority for approval of a resolution
authorizing the Authority to issue revenue bonds to be used to finance educational facilities for
International College.
OBJECTI\.;E:
To accomplish the necessary approvals to authorize a proposed revenue bond issue by the
Collier County Educational Facilities Authority to be used to finance educational facilities for the
International College.
CONSIDERATIONS:
The Educational Facilities Authority has been requested by International College to issue
its bonds to finance certain educational facilities. The facilities include the construction of a 40,000
square foot building which will house classrooms, offices, and related administrative and
instructional space. The facility is to be localed within the Northbrook PUD.
The Authority met on April 20, 1999 and heard presentations from International College
officials. The meeting was noticed by publication in the Naples Daily News, and any comments
""' of members of the public were considered.
At the conclusion of the public hearing, the Authority determined to proceed with the
financing, which involves the issuance ofa. Bond or Bonds, secured by a mortgage and a pledge of
College revenues.
Federal tax law requires two approvals for the issuance of the bonds. First, the Authority
must hold a public hearing, and must adopt a resolution in favor of issuing the bonds. This was done
at the conclusion of its public hearing on April 20, 1999. Following this approval, the goveming
body of the jurisdiction must also approve the bond issue. 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 attaclned.
As are all revenue bonds of this type, these bonds are 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 the Bo~Tower (the College). Neither the County, the Board, nor any
officer of the County is liable for their payment. Further, the Resolution expressly provides that this
approval by the Board does not abrogate any County regulations, including land use regulations.
FISCAL IN~IPACT: This program does not require any contribution from the Board of County
Commissioners or any other County agency.
GROWTH MANAGEMENT IMPACT: The adoption of the attached rest ution~ii'~lq~
MAY 11 1999
adverse growth management consequences. The facilities are being constructed in accordance with
all County growth management regulations, and are subject to the LDC, the Growth Management
Plan, concurrency requirements, and the payment of impact fees. The adoption of the resolution will
have a positive innpact by authorizing the construction of higher educational facilities in the County.
RECOMMENDATION:
The Board of County Con~missioners adopt the attached Resolution.
Collier County Educational Facilities Authorit,,,'
14AY 11 I999
pg. &
RESOLUTION NO. 99-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA APPROVING THE ISSUANCE OF AN
EDUCATIONAL FACILITIES REVENUE BONT)S IN AN AMOUNT NOT TO
EXCEED $5,000,000 BY THE COLLIER COUNTY EDUCATIONAL
FACILITIES AUTHORITY
WHEREAS, on April 20, 1999 a public heating was held by the Collier County
Educational Facilities Authority (the "Authority") with regard to the issuance of the Authority's
Educational Facilities Revenue Bonds, Series 1999 (International College, Inc. Project) in an
aggregate principal amount not to exceed $5,000,000 (the "Bonds"); and
WHEREAS, on Aptil 20, 1999, the Authority adopted its Resolution 99-01 (the
"Authority Resolution"), a copy of which is attached hereto and made a part hereof, said
Resolution showing on its face that it was adopted after a public heating upon notice given as set
forth therein and as set forth in Exhibit B to the Authority Resolution; and
W'HEREAS, the proceeds of the Bonds will be used by the Authority to make a loan to
International College, Inc. (the "College") to finance the acquisition, and construction of
educational facilities for the College's private facilities located within the Northbrook PUD
within Collier County, Florida and to pay the costs of issuance of the Bonds (all of the property
financed with proceeds of the Bonds will be owned and operated by the College); and
N,N, qqEREAS, the Bonds will not be an obligation of the County, and will be payable from
funds of the College; and
WFIEREAS, pursuant to the requirements of the Internal Revenue code of 1986, as
amended (the "Code"), as a prerequisite to the issuance of the Bonds it is necessary that the
Board of Count,,,' Commissioners of Collier County approve the issuance thereof after said public
heating; and
WHEREAS, the Board of County Commissioners desires to evidence its approval of the
issuance of the Bonds solely to satisfy the requirements of the Code.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY THAT:
Section 1. The Board of County Commissioners hereby approves the issuance of the
Bonds solely for purposes of Section 147(f) of the Code.
Section 2. The Bonds 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
HAY 11 19 19
pe.
political subdivision thereof, but shall be payable solely from the revenues provided therefore,
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, agent, or employee thereof shall be liable personally on the Bonds by reason of its
issuance.
Section 3. This approval shall in no way be deemed to abrogate any regulations of
Collier County, and the Project contemplated by this Resolution shall be subject to all such
regulations, including, but not limited to, the Collier County Grmvth Management Plan, all
concurrency requirements contained therein, the Collier County Land Development Code, and all
applicable impact fee regulations.
Section 4. 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 5. This Resolution shall take effect immediately upon its adoption.
PASSED and Adopted this 1 lth day of May, 1999.
ATTEST: COLLIER COUNTY, FLORIDA BY
Dwight E. Brock, Clerk ITS BOARD OF COUNTY
COMMISSIONERS
By:
Deputy Clerk Pamela S. Mac'Kie, Chairwoman
[SEAL]
Approved as to form and legal sufficiency:
David C.'X;(~ige~, ~ouni~Xttorney
I
NAY 11 lSg9
___ p.._ .... '4
RESOLUTION NO. 99-01
AN INDUCEMENT RESOLUTION OF THE COLLIER
COUNTY EDUCATIONAL FACILITIES AUTHORITY
REGARDING THE OFFICIAL ACTION OF THE
AUTHORITY WITH RESPECT TO THE PROPOSED
ISSUANCE BY THE AUTHORITY OF ITS EDUCATIONAL
FACILITIES REVERE BONDS (INTERNATIONAL
COLLEGE, INC. PROJECT) SERIES 1999 IN AN INITIAL
AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED
S5,000,000 FOR THE PRINCIPAL PURPOSE OF
FINANCING COSTS TO BE INCURRED BY
INTERNATIONAL COLLEGE, INC. (THE
"CORPORATION") IN CONNECTION WITH THE
ACQUISITION, CONSTRUCTION AND EQUIPPING OF
CERTAIN EDUCATIONAL FACILITIES; AUTHORIZING
THE EXECUTION AND DELIVERY OF A PRELIMINARY
AGREEMENT BETWEEN THE AUTHORITY AND THE
CORPORATION; AND PROVIDING FOR RELATED
MATTERS.
VVHEREAS, International College, Inc., a Florida not-for-profit corporation (the
"Corporation") has applied to the Collier County Educational Facilities Authority (the
"Authority") to issue a series of its private activity revenue bonds in the initial aggregate
principal amount of not to exceed $5,000,000 (hereinafter referred to as the "Bonds" whether
issued as multiple bonds or one bond) for the principal purpose of financing a portion of
certain costs of acquisition, construction and equipping of certain educational facilities (the
"Project") to be ow'ned and operated by the Corporation and paying costs associated with
the issuance of the Bonds; and
WHEREAS, the Corporation has requested that the Authority loan the proceeds of
the Bonds to the Corporation pursuant to Chapter 243, Part II Florida Statutes, or such other
provision or provisions of Florida law as the Authority may determine advisable (the "Act")
in order to accomplish the foregoing purposes; and
~,:HEREAS, the issuance of the Bonds and the loaning of the proceeds thereof to the
Corporation to finance the costs of the Project under loan agreements or other financing
agreements, and pursuant to the terms thereof which will provide that payments thereunder
be at least sufficient to pay the principal of and interest and redemption premium, if any, on
such Bonds and such other costs in connection therewith as may be n'curr~k4~/liltet-EM
MAY 11 IBB9
Authority, will assist the Corporation and promote the public purposes provided in the Act;
and
WHEREAS, the Corporation has submitted the Preliminary Agreement (the
"Preliminary Agreement") relating to the issuance of the Bonds, attached hereto as Exhibit A;
and
WHEREAS, in order to satisfy certain of the requirements of Section 147(f) of the
Internal Revenue Code of 1986, as amended (the "Code"), the Authority did on the date
hereof hold a public hearing on the proposed issuance of the Bonds for the purposes herein
stated, which date is more than 14 days following the first publication of notice of such
public hearing in a newspaper of general circulation in Collier County and xvhich public
hearing was conducted in a manner that provided a reasonable opportunity for persons with
differing views to be heard, both orally and in writing, on the issuance of the Bonds and the
location and nature of the Project as more particularly described in the notice of public
heating attached hereto as Exhibit B; and
WIlEREAS, it is intended that this Resolution shall constitute official action toward
the issuance of the Bonds within the meaning of the applicable United States Treasury
Regulations in addition to any other action that may have heretofore been taken by the
Corporation:
NOSY, THEREFORE, BE IT RESOLVED BY THE COLLIER COUNTY
EDUCATIONAL FACILITIES AUTHORITY, THAT:
SECTION 1. AUTHORITY FOR THIS RESOLUTION. This Resolution
is adopted pursuant to the provisions of the Act and other applicable provisions of law.
SECTION 2. PRELIMINARY STATEMENT. This Resolution is entered
into to permit the Corporation to proceed with the financing of the costs of the Project and
to provide an expression of intention by the Authority, prior to the issuance of the Bonds, to
issue and sell the Bonds and n-lake the proceeds thereof available for such purposes, all in
accordance with and subject to the provisions of the Act, the Constitution and other laws of
the State of Florida and the laws of the United States of America, including the Code, and
this Resolution, but subject in all respects to the terms of the Preliminary Agreement.
SECTION 3. APPROVAL OF TImE FINANCING. The financing of the
costs of the Project b.x the Authority through the issuance of the Bonds, pursuant to the Act,
will improve educational opportunities for the citizens and residents of Collier County and
.---- v,'ill promote the economic development, prosperity, health and welfare of the citizens of
Collier County, will promote the general economic structure of Collier County, and will
22 ~o6.~~
NAY 11 15,39
thereby serve the public purposes of the Act and is hereby preliminarily approved, subject,
however, in all respects to the Corporation meeting the conditions set forth in the Preliminary
Agreement to the sole satisfaction of the Authority.
SECTION4. EXECUTION AND DELIVERY OF PRELIMINARY
AGREE~IENT. The Chairman or the Vice-Chairman is hereby authorized and directed to
execute, for and on behalf of the Authority, the Preliminary Agreement, in the form attached
hereto as Exhibit "A", betxveen the Authority and the Corporation providing understandings
relative to the proposed issuance of the Bonds by the Authority to finance the costs of the
Project in an aggregate principal amount not to exceed the lesser of(a) S5,000,000 or (b) the
amount determined by the Authority and the Corporation to be necessary to accomplish the
foregoing purposes.
SECTION 5. AUTHORIZATION OF THE BONDS. There is hereby
authorized to be issued and the Authority hereby determines to issue the Bonds, if so
requested by the Corporation and subject in all respects to the conditions set forth in the
Preliminary Agreement, in an aggregate principal amount not to exceed $5,000,000 for the
principal purpose of financing the costs of the Project. The rate of interest payable on the
Bonds shall not exceed the maximum rate permitted by law.
SECTION 6. GENERAL AUTHORIZATION. The Chairman and the
Vice-Chairman are hereby further authorized to proceed, upon execution of the Preliminary
Agreement, with the undertakings provided for therein on the part of the Authority and are
further authorized to take such steps and actions as may be required or necessary in order to
cause the Authorit':,' to issue the Bonds subject in all respects to the terms and conditions set
forth in the Preliminary Agreement authorized hereby.
SECTION 7. OFFICIAL ACTION. This resolution is an official action of
the Authority toward the issuance of the Bonds, as contemplated in the Preliminary
Agreement, in accordance with the provisions of the laws of the State of Florida and the
applicable United States Treasury Regulations.
SECTION 8. LIMIIED OBLIGATIONS. The Bonds and the interest
thereon shall not constitute an indebtedness or pledge of the general credit or taxing power
of Collier County, the State of Florida or any political subdivision or agency thereof but shall
be payable solely from the revenues pledged therefor pursuant to a loan a~eement or other
financing agreement entered into between the Authority and the Corporation prior to or
contemporaneously with the issuance of the Bonds. The Authority has no taxing power.
SECTION 9. LIMITED APPROVAL. The approval given herein shall not
be construed as an approval or endorsement of approval of any necessa_._ry rezoning_
pg.
applications nor for any other regulatory permits relating to the Project and the Authority
shall not be construed by reason of its adoption of this resolution to have waived any right
of Collier County or estopping Collier County from asserting any rights or responsibilities
it may have in that regard.
SECTION 10. EFFECTIVE DATE. This Resolution shall take effect immediately.
ADOPTED this 20th day of April, 1999.
4 No.
MAY 11 1S-39
COLLIER COUNTY EDUCATIONAL
FACILITIES AUTHORITY
/s/
Chairman
ATTEST:
Secretary
I4AY 11 1S,S~]
Pc. q
EXHIBIT A TO RESOLUTION
PRELINIINARY AGREENIENT FOR ISSUANCE OF
PRIVATE ACTIVITY REVENUE BONDS
This Agreement between the Collier County Educational Facilities Authority, a public
body corporate and politic (the "Atathority") and International College, Inc., a Florida not-for-
profit corporation (the "Corporation").
WITNESSETH:
1. Preliminary Statement. Among the matters of mutual understanding and
inducement which have resulted in the execution of this Agreement are the following:
(a) The Act provides that the Authority may issue revenue bonds and loan the
proceeds thereof to one or more persons, firms or prix;ate corporations, or use such proceeds,
to defray the cost of acquiring, by purchase or constr!!ction, certain qualifying educational
facilities.
(b) The Corporation is considering financing the costs of the acquisition,
construction and equipping of educational facilities to be o~vned and operated by the
Corporation.
(c) The Corporation has applied to the Authority to issue a series of its private
activity revenue bonds in the initial aggregate principal amount of not to exceed S5,000,000
(the "Bonds") for the principal purpose of financing a portion of certain costs of acquisition,
construction and equipping of certain educational facilities (the "Project") to be owned and
operated by the Corporation and paying costs associated with the issuance of the Bonds.
(d) The Authority considers the issuance and sale of the Bonds, for the purposes
hereinabove set forth, consistent with the objectives of the Act. This Agreement constitutes
official action of the Authority toward the issuance of the Bonds in accordance with the
purposes of the Act and the applicable United States Treasury Regulations.
2. Undertakings on the Part of the Authority. Subject to the terms hereof, the
Authority agrees as follows:
(a) The Authority will, subject to the terms hereof, authorize the issuance of the
Bonds, in one or more series, in the aggregate principal amount necessary tnd sufficient to
Ad
NAY 11
finance the cost of acquiring, constructing and equipping the Project as the Authority and the
Corporation shall agree in writing (including costs of issuance of such Bonds), but in all
events, the principal amount of such Bonds shall not exceed the lesser of (i) the amount
determined by the Authority and the Corporation to be necessary to accomplish the
foregoing, or (ii) S5,000,000.
(b) The Authority will cooperate with the Corporation and w'ith the underwriters,
placement agents or purchasers of the Bonds and the Bond Counsel of the Authority with
respect to the issuance and sale of the Bonds and will take such further action and authorize
the execution of such documents as shall be mutually satisfactory to the Authority and the
Corporation for the authorization, issuance and sale of such Bonds and the use of the
proceeds thereof to finance the cost of constructing, acquiring and equipping the Project and
to pay costs related to the issuance of the Bonds.
(c) Such actions and documents may permit the issuance from time to time in the
future of additional bonds on terms which shall be set forth therein, whether pari passu with
other series of bonds or otherwise, for the purpose of(l) defraying the cost of completion,
enlargements, improvements and expansions of the Project, or any segment thereof, or (2)
refunding all or a portion of the Bonds.
(d) The loan agreements, trust indentures, and other financing documents
(collectively, the "Financing Agreements") between the Authority and the Corporation shall,
under terms agreed upon by the parties, provide for payments to be made by the Corporation
in such sums as shall be necessary to pay the amounts required under the Act, including the
principal of and interest and redemption premium, if any, on the Bonds, as and when the
same shall become due and payable.
(e) In authorizing any issuance of the Bonds pursuant to this Agreement, the
Authority will make no warranty, either expressed or implied, that the proceeds of the Bonds
will be sufficient to pay all costs of acquiring, constructing and expanding the Project or that
those facilities encompassed by the Project will be suitable for the purposes or needs of the
Corporation.
(f) The Bonds shall specifically provide that they are payable solely from the
revenues derived from the Financing Agreements between the Authority and the Corporation
or other agTeements approved by the Authority. The Bonds and the interest thereon shall not
constitute an indebtedness or pledge of the general credit of Collier County, the State of
Florida or any political subdivision or agency thereof, and such fact shall be plainly stated
on the face of each of the Bonds.
A-2 }. AY 11 15,59
(g) Issuance of the Bonds by the Authority shall be contingent upon satisfaction
of all of the provisions hereof and all provisions of the Internal Revenue Code of 1986, as
amended (the "Code"), and the regulations promulgated thereunder, including the ability of
and desirability by the Authority to issue obligations to finance the costs of the Project and
the approval by the Board of County Commissioners of Collier County in accordance with
the provisions of Section 147(f) of the Code.
3. Undertakings on the Part of the Corporation. Subject to the terms hereof, the
Corporation agrees as follows:
(a) The Corporation will use reasonable efforts to insure that the Bonds in the
aggregate principal amount as stated above are sold; provided, however, that the terms of
such Bonds and of the sale and delivery thereof shall be mutually satisfactory to the
Authority and the Corporation.
(b) Prior to the issuance of the Bonds in the principal amount stated above in one
or more series from time to time as the Authority and the Corporation shall agree in writing,
the Corporation will enter into the Financing Agreements with the Authority, the terms of
which shall be mutually agreeable to the Authority and the Corporation, providing for the
loan or use of the proceeds of the Bonds to finance the costs of the Project. Such Financing
Agreements will provide that the Corporation will be obligated to pay the Authority (subject
to an,,,' assignment pursuant to the Financing Agreements, as the case may be) sums sufficient
in the aggregate to enable the Authority to pay the principal of and interest and redemption
premium, if any, on the Bonds, as and when the same shall become due and payable, and all
other expenses related to the issuance and delivery of the Bonds.
(c) The Corporation shall, in addition to paying the amounts set forth in the
Financing Agreements, pay all applicable costs of operation, maintenance, taxes,
governmental and other charges which may be assessed or levied against or with respect to
the Project.
(d) To the extent not otherwise paid from Bond proceeds, the Corporation hereby
agrees to pay (i) the Authority Bond Issuance Fee, (ii) all of the out-of-pocket expenses of
officials and representatives of the Authority incurred in connection with the issuance of the
Bonds and (iii) all fees and expenses of Donald A. Pickworth, P.A., Counsel to the Authority',
and ofNabors, Giblin & Nickerson, P.A., Bond Counsel.
(e) The Corporation will hold the Authority and Collier County free and harmless
from any loss or damage and from any taxes or other charges levied or assessed by reason
of any mortgaging or other disposition of the Project.
A-3
(f) The Corporation agrees to indemnify and defend the Authority and Collier
County and hold the Authority and Collier County and any officer or employee thereof
harmless against any and all claims, losses, liabilities or damages to property or any injury
or death of any person or persons occurring in connection with the Project or the issuance of
the Bonds and the Corporation's undertaking thereof, or in any way growing out of or
resulting from this Agreement including, without limitation, all costs and expenses of the
Authority and reasonable attorneys' fees incurred in the enforcement of any agreement of the
Corporation contained herein, but excluding any claims, losses, liabilities or damages
resulting from the Authority's or Collier County's gross negligence or willful misconduct.
In the event that the Bonds are not issued and delivered, this indemnity shall survive the
termination of this Agreement.
(g) The Corporation will take such further action as may be required to implement
its aforesaid undertakings and as it may deem appropriate in pursuance thereof.
4. General Provisions. All commitments of the Authority under Section 2 hereof
and of the Corporation under Section 3 hereof are subject to the conditions that all of the
following events shall have occurred not later than January 1, 2000, or such other date as
shall be mutually satisfactory to the Authority and the Corporation.
(a) The Authority shall be lawfully entitled to issue the Bonds as herein
contemplated.
(b) The Authority' and the Corporation shall have a~eed on mutually acceptable
terms for the Bonds and the sale and delivery thereof and mutually acceptable terms and
conditions of any trust instruments or instruments in respect thereto and any Financing
Agreements or other agreements incidental to the financing or referred to in Sections 2 and
3 hereof.
(c) Rulings satisfactory to the Corporation and the Authority as to such matters
with respect to the Bonds, the Project, the Financing Agreements and any other trust
instrument or instruments, if specified by the Authority and the Corporation, shall have been
obtained from the Internal Revenue Service and/or the United States Treasury Department
and shall be in full force and effect at the time of issuance of the Bonds.
(d) Such other rulings, approvals, consents, certificates of compliance, opinions
of counsel and other instruments and proceedings satisfactory to the Corporation and the
Authority as to such matters with respect to the Bonds, the Project, the Financing
Agreements and any other trust instrument or instruments, as shall be specified by the
Corporation or the Authority, shall have been obtained from such governmental, as well as
non-governmental, agencies and entities as may have or assert competent urisdiction over
A-4
or interest in matters pertinent thereto and shall be in full force and effect at the time of
issuance of the Bonds.
(c) Compliance with all applicable provisions of Chapters 243, 189, 215 and 218,
Florida Statutes, and the Authority's guidelines and procedures relating to the issuance of the
Bonds, the interest rates thereon, the type of purchasers of the Bonds and the terms on which
the Bonds may otherwise be issued.
(f) Nom, ithstanding any other terms hereof, nothing contained herein shall be
construed to create a binding commitment by the Authority to issue the Bonds until such
time, if ever, as the Authority shall grant its final approval for the issuance of the Bonds and
the final terms and provisions of the Financing Agreements. By execution hereof, the
Corporation agrees that the Authority may withhold its final approval of the issuance of the
Bonds in its sole discretion and shall not incur any liability whatsoever as a result of it not
granting any such approval notwithstanding any other provision hereof.
If the events set forth in this Section 4 do not take place within the time set forth or
any extension thereof, the Corporation agrees that it will reimburse the Authority for all the
reasonable and necessary direct or indirect expenses which the Authority may incur at the
Corporation's request arising from the execution of this Agreement and the performance by
the Authority of its obligations hereunder, including reasonable legal fees and expenses for
Counsel to the Authority and Bond Counsel.
5. Bindin~ Effect. All covenants and agreements herein contained by or on behalf
of the Authority and the Corporation shall bind and inure to the benefit of the respective
successors and assigns of the Authority and the Corporation whether so expressed or not.
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement by
their officers thereunder duly authorized as of the 20th day of April, 1999.
[Remainder of page intentionally left blank, signatures on following page]
l,;:&Y 1I 15C3
I_q,.
COLLIER COUNTY EDUCATIONAL
FACILITIES AUTHORITY
/S/
Chairman
INTERNATIONAL COLLEGE, INC.
/S/'
President
AGEf,;DA ITeM
No.
EXHIBIT B TO RESOLUTION
AFFIDAVIT OF PUBLICATION OF
NOTICE OF PUBLIC HEARING
Naples Daily News
Naples, FL 34102
Affidavit of Publication
Naples Daily News
............................................................................... o ,ce ,s Ed
Nt r v t
i UCOtlOnOl FaCilities AuthorIf,/(the "Authori~") wi~
conducf o special meeting and public hearing on Apri
PICK~ORTH, DONALD P.A. ' ~u~t~19 ~ ~?l%o'~he~22~i ~e~:~p~
Nodh Horseshoe Dri e, Suile 120, Naples, ~orido,
5150 TAMIAMI TRL N ff602 34104 for the purpose of receiving public commenis
and hearing discussion concerning the roposed issu-
NAPLES FL 34103 - once of the of the Authorify's Collier ~unfv Educo-
fionol Facilities Authority Revenue Bonds
}(infernollonal College Inc. Pro}ecf), Series 1999 in on
omounf not fo excee~ $5,000 000 to be used to finance
and re-finance the acquisition consirudon and
equipping of cedoin educofiona( focillt es descr bed
below,
1. PROJECT DESCRIPTION: Consiru~ion of o
REFERENCE: 010784 story concrefe block building of opproximofely
57857898 Notice of Public Hea 45,000 square feet fo house offices, classrooms
n t adminl~rative and ins~ructionc~j
a d re afed
space.
State of Florida 2. PROJECT LOCATION: Trod B of the
County Of Col liep brooke Plaza PUD. Nodhbrooke P~ozo is )coofee ~.
lhe nc~heasl quodron, -~f tr~e ir, tersecfion ci .r.-~ -
Before the undersigned authority, ersonally
appeared B. Lamb, who on oath say, t~ ~,~g~~ri%i ~r~i~,~,~,~
at she serves miles nodh of Im oka)ee Robd. -
as the Assistant Corporate Secretary of the Naples '~3.~NiTIAL-OPE~TOR and OWNER:~n~ern~ionol~
' Coliege inc. (o rio ida corporation not for FOfit)
Daily News, a daily newspaper published at Naples, A~m inieres(ed person~ Ore Invifed fo Subm~ ',vr~Hen
in Collier County, Florida: that the attached commen+s OF o~end the hearing, elfher personally OF
COpy Of Advertising was published in said through their represeni~ive and will be given on or-
newspaper on dates Listed. podunify to express their v~ews concerning the proj-
eds o the financing. Anyone desiring to make wFi~en
, r
Affiant further ~ay~ that the said Naples Daily comments In advance of ~e hearing may send such
Ne~s is B newspaper published 8t Naples, in said . comments to:
Collier Coun~ Educ~lonal Facilities Aufhority
Collier County, Florida, and that the said %EconomlcDevelopmenfCouncll
newspaper has heretofore been continuously 3050 Nodh Horseshoe Drive, Suile 12O
published in said Collier County, Florida, each Naples, Florlda34104
WrlHen commenis received in advance of fhe hearing
day and ha~ been entered as second class mail and oral commenfs made at ihe hearing ore for
Ntter at the ~st office tn Naples, in said considerorion ofihe A~hoFi~ and wilJ not bind the
fhori~.
Collier County, Florida, for a period oi 1 year copies of the opplic~lons for financing ore avail-
next prec~ing the first pubL i cation of the able for Inspecilo and copying otthe o~ice of the Eco-
attached copy of advertisement/and affiant nomlc Develop enf Council seifodh above.
SHOULD ANY PERSON DECIDE TO APPEal
further say~ that she has neither paid nor ANY DECISION MADE BY THE AUTHORITY WITH
promised any person, firm or coporation any RESPECT TO ANY MATTER CONSIDERED AT SUCH
HEARING SUCH PERSON WILL NEED A RECORD O~
discount, rebate, commission or refund for the THE R~CEEDINGS AND FOR THAT PURPOSE,
P
purpose of securing this advertisement for SUCH PERSON MAY NEeD TO ENSURE THAT A
VERBATIM RECORD OF THE PROCEEDINGS IS
publication in the said newspaper. MADE, WHICH RECORD INCLUDES THE T~STiMONY
AND EVIDENCE UPON WHICH THE APPEAL IS TO BE
PUBLISHED 0N: 04/05 BASED.
In accordance wifh the Americans with Disabilities
Ad, persons needing a s eclal aCcommodoilon +o por-
flci~Ote In thls ~earlng s~ould conto~ Donald A. Pick-
wodh, General Counsel, af (941) 263-8060 no later thon
three {3) days p lot lo ihe hearing.
This notice Is given pursuant fo Sealion 147(1) of
Jhe nternal Revenue Code, aS amended.'
/s/Donald A. Pickwodh
AD SPACE: 138. ~D INCH ~ Assistant Secrefary and General Counsel
FILED ON: 04/05/99 :, April 5 No. 1392227
Worn o an u scri e e ~ me is o __
' "'F~ Boned Th~ No~ Publl~ Unde~ ~
i-;.:;'/11 lS39
Pf .
EXECUTIVE SUMMARY
PETITION NO. R-99-2, D. WAYNE ARNOLD, AICP, OF WILSON, MILLER, BARTON &
PEEK, INC. REPRESENTING M.J. ZUIDEMA, TRUSTEE FOR LAND TRUST #500967,
REQUESTING A REZONE FROM "A" RURAL AGRICULTURAL TO "C-4" FOR
PROPERTY LOCATED ON THE EAST SIDE OF U.S. 41 NORTH, NORTH OF THE
INTERSECTION OF U.S. 41 AND OLD U.S. 41, IN SECTION 9, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, CONSISTING OF 7.9 +/- ACRES.
OBJECTIVE:
The petitioner is desirous ofrezoning the subject site from Rural Agricultural, "A" to General
Commercial, "C-4" in order to develop a 100,000 square foot commercial center consisting of
mostly commercial retail land uses. A commercial center is not permitted as a use within the
current Agricultural, "A" zoning district.
CONSIDERATIONS:
The site is located within the Urban Residential Mixed Use designated area on the Future Land
Use Map. A description of the meaning of the Urban Residential Mixed Use district in the
FLUE advises that types of uses shall be related to a variety of residential land uses. The subject
petition is for a commercial type of land use that is authorized by the site's consistency with the
FLUE. Specifically, a rezoning action to C-4 is consistent with the Office and In-fill Commercial
subdistrict of the Future Land Use Element approved as part of Ordinance # 97-67, which was
adopted on October 28, 1997. The Office and In-fill Commercial Subdistrict allows for
commercial uses within the Urban Residential Mixed Use land use classification if the subject
property meets the specific criteria outlined in the FLUE of the GMP. The intent of this
Subdistrict is to allow low intensity office commercial or in-fill commercial development on
small parcels within the Urban-Mixed Use District located along arterial and collector roadways
where residential development, as allowed by the Density Rating System, may not be compatible
or appropriate. The project meets each of the ten criteria specified in the FLUE to the GMP and
is consistent with the plan. The criteria allow land abutting commercial zoning on both sides to
use those uses of the highest intensity abutting commercial zoning district, which in this case is
C~4. Regarding other applicable elements of the GMP, staff is of the opinion that a rezoning
action from "A" to C-4 would not change any level of service relationship in a negative manner.
Timing - There are no issues of timing inasmuch as the land is becoming ripe for
development as well as the entire surrounding environment, which is serviced with an optimum
level of community infrastructure.
MAY 11 1999
Pg /
PROS/CONS:
Pros
The Future Land Use Element provides for a land use district which allows property to be
rezoned to the appropriate commercial zoning district(s) as defined in the Land Development
Code, within the Urban Mixed Use land use designation which permit uses characterized as
commercial, such as retail shopping centers. In the opinion of staff, an action to rezone the
property to C-4 for commercial land uses meet the criteria for serving the community at large
and is consistent with the criteria as described in the Office and Infill Commercial Subdistrict in
the FLUE. Staff is of the opinion that a rezoning of the subject property to a C-4 zoning district
is compatible with its surrounding environs. Abutting properties to the north and south are zoned
C-3 and C-4, respectively. The property to the west is zoned for a residential PUD, however, the
subject site abuts this property's 4.75 acre preserve area. The subject site fronts on U.S. 41, and
given the commercial zoning of the abutting properties, is likely unsuitable to be developed for
residential land uses.
Cons
None.
FISCAL IMPACT:
---. At buildout, a residential or commercial project will generate the following amount of impact
fees:
Current Agricultural Zoning District Proposed Commercial (C-4) District
7.9 acres / 1 sfdu per 5.0 acres = 2 sfdu 7.9 acres developed with 100,000 sq ft
2 s.f. x $578.00 (parks) = $1,156.00 F.A./1,000 x $5,000 (road) = $500,000.00
2 s.f. x $180.52 (library) = $361.04 F.A. x 0.30 (fire) = $30,000.00
2 s.f. x .15 x 1000 sq ~ (fire) = $300.00 F.A. x 0.005 (radon gas) = $500.00
2 s.f. x $1,778 (schools) = $3,556.00 F.A. x 0.005 (bldg code) = $500.00
2 s.f. x $1,379 (roads) = $2,758.00 F.A./1,000 x $250.00 (EMS) = $25,000.00
2 s.f. x .005 x 1,000 (radon) = $10.00
2 s.f. x .005 x 1,000 (bldg code) = $10.00
2 s.f. x $1.50 (microfilm) = $3.00
2 s.f. x 14.00 (EMS) = $28.00
Total 2 s.f. du generate = $8,182.04 Total 162,500 sq ft comm = $556,000.00
Development of the site for a commercial use, should the site be rezoned to commercial and
developed with 100,000 square feet of commercial floor area, will generate approximately
$547,817.96 more in impact fees than if the site was developed for single family residential use
as presently permitted by the agricultural zoning district·
--- Because impact fees vary by housing type and type of commercial development, and because
this appraisal does not provide this level of specificity as to the actual type of use, t t'-'t"k~A ~rr.u
impact fees quoted are at best raw estimates. Additionally it should be recognized t at tl~.e ~s
MAY 11 1999
no guarantee that the project and buildout will have maximized their authorized level of
development. In addition to the impact fees described there are building permit review fees and
utility fees associated with connecting to the County's sewer and water system. Building permit
fees have traditionally offset the cost of administering the Community Development review
costs, whereas utility fees are based on their proportionate share of impact to the County system.
Impact fees are currently under review to determine if adjustments are required to more
accurately reflect the impact of a particular development on County provided services. Also,
additional revenue is generated by application of the ad valorem tax rate. The revenue that will
be generated by the ad valorem tax depends on the value of the improvements. Presently, staff
has not developed a method to arrive at a reasonable estimate of tax revenues based on the ad
valorera tax rate.
A fiscal impact analysis is incomplete without an estimate of costs that will be generated by a
particular land use development project. Presently, staff has not developed a model by which to
estimate the costs of a particular land use development project. Such a model, in staffs opinion,
would be misleading because there is no certain way, particularly with respect to housing
projects, to determine their value and likelihood that not all of the authorized development will
occur.
GROWTH MANAGEMENT IMPACT:
The approval of this rezoning request will not affect or change the requirements of the Growth
Management Plan. A review of consistency relationships with elements of the GMP is as
follows:
Future Land Use Element - The site is located within the Urban Residential Mixed Use
designated area on the Future Land Use Map. A description of the meaning of the Urban
Residential Mixed Use district in the FLUE advises that types of uses shall be related to a variety
of residential land uses including single family, multifamily, duplex, mobile home and mixed use
(Planned Unit Development). The subject petition is for a commercial type of land use that is
authorized by the site's consistency with the FLUE. Specifically, a rezoning action to C-4 is
consistent with the Office and In-fill Commercial subdistrict of the Future Land Use Element
approved as part of Ordinance # 97-67, which was adopted on October 28, 1997. The Office and
In-fill Commercial Subdistrict allows for commercial uses within the Urban Residential Mixed
Use land use classification if the subject property meets the specific criteria outlined in the FLUE
of the GMP. The intent of this Subdistrict is to allow low intensity office commercial or in-fill
commercial development on small parcels within the Urban-Mixed Use District located along
arterial and collector roadways where residential development, as allowed by the Density Rating
System, may not be compatible or appropriate. The project meets each of the ten criteria
specified in the FLUE to the GMP and is consistent with the plan. The criteria allow land
abutting commercial zoning on both sides to use those uses of the highest intensity abutting
commercial zoning district, which in this case is C-4. Regarding other applicable elements of the
GMP, staff is of the opinion that a rezoning action from "A" to C-4 would not change any level
of service relationship in a negative manner.
Transportation Element - The ITE Trip Generation manual indicates that the proposed
commercial development will generate a driveway volume of approximately 4,292 ~ps plle, tnOA Irr. M"
MAY 11 1999
pg.*
weekday (AADT). The p.m. peak hour is calculated at 180 trips. The adjusted site generated
trips or new trips to the site are estimated at 2,318 AADT. Based on this data, the site-generated
traffic will not exceed the significance test standard (5 percent of the LOS "C" design volume)
on U.S. 41. The Naples MPO's current projections indicate that traffic on Old U.S. 41 will grow
to exceed its adopted LOS "D" service volume by 2001 without this project. It should be noted
that the MPO has recently approved a new set of maximum service volume tables that will
amend the tables in the Collier County Growth Management Plan that the petitioner used in his
analysis. The MPO plans to amend the Traffic Circulation Element before the summer of this
year. The revised tables indicate that service volume for LOS "D" on Old 41 is actually 45.5
percent higher than currently adopted, effectively eliminating the potential LOS deficiency that
would otherwise exist in 2000. In addition, this project will not lower the level of service below
any adopted LOS "D" standard on any state or county road within the proj ect's radius of
development influence (RDI).
The Traffic Circulation Element (TCE) lists this segment of U.S. 41 as a 4-lane arterial road
fronting the project. The current traffic count for this road is 24,364 ADT, which results in LOS
"A" operation. Therefore, this project is deemed consistent with Policies 1.3, 1.4, 5.1 and 5.2 of
the TCE.
HISTORIC/ARCHAEOLOGICAL IMPACT:
StafFs analysis indicates that the petitioner' s property is not located within .an area of
.._, historic/archaeological probability as designated on the official Collier County Probability Map.
PLANNING COMMISSION RECOMMENDATION:
At the April 15, 1999 meeting of the Collier County Planning Commission, the Commission
voted unanimously to recommend approval of Petition R-99-2 to the Board of County
Commissioners with the following stipulations:
1. Should the property be developed for a use other than a maximum of a 100,000 gross
square foot shopping center, as defined by the Land Development Code, the developer
shall be required to submit a revised Traffic Impact Statement (TIS) to the Transportation
Services Department for their review and approval prior to final plat or site plan
approval, whichever occurs first.
2. Prior to the issuance of a certificate of occupancy, the petitioner shall pay all required
Road Impact Fees in accordance with Ordinance 92-22.
3. The developer shall be required to obtain a Roadway Connection Permit from the Florida
Department of Transportation (FDOT) prior to the construction of the proj ect's entrance.
4. The developer shall be responsible for the construction oftum lanes at the project
entrance as may be required by the FDOT. All required tum lanes shall be in place prior
to the issuance of any Certificates of Occupancy for the developments. These
---- improvements are site related, and therefore, shall not be eligible for credit toward any
road impact fees required by the Collier County Road Impact Fee Ordinanc :, _~e. 9
as may be amended. AOEI41)A'
4
MAY 11 1999
5. The property owner shall maintain a 100 foot building setback from the current southem
property line, of which the County reserves the fight to acquire up to 90 feet of the
setback area for the future construction of the East/West Livingston Road project. The
County's cost of acquisition shall be based on the fair market value of the land conveyed
to the County as of the date immediately preceding the effective date of the initial rezone
action which required the 90 foot future fight-of-way reservation, plus the costs of any
improvements within the building setback area which must be removed or relocated. The
owner may accept the County's appraisal figure, or may elect, at his own cost and
expense, to have an appraiser he selects to appraise the fair market value. If the owner
and the County are unable to agree upon the fair market value and the costs to be paid for
the removal and/or relocation of improvements, the parties may agree upon a third
appraiser, the costs of which shall be shared equally, to determine the fair market value
and costs of removed or relocated improvements, or the County may proceed to institute
an action in eminent domain. No portion of the owner's property or improvements
thereon, including structures outside the building setback area, shall be deemed to be
non-conforming as a result of the County's acquisition of the right-of-way.
6. In accordance with Section 3.9.5.5.4. of the Collier County Land Development Code,
fifteen (15) percent of the existing native vegetation by area shall be preserved on site or
that area shall be re-created on site in all three (3) strata, with larger.plan material as
required by Section 3.9.5.5.4.
7. A Gopher tortoise survey shall be submitted to the Planning Services Environ_mental
review section for their review and approval at the time of the first development order
submittal.
AC.,E~A rlEM
MAY l l 1999
PREPARED BY:
,Sf_ISAN MURRAY, AICP "',/ DATE
CHIEF PLANNER
R6NALD F. f,~Ni3; ~CP DATE
CURRENT PLANNING MANAGER
ROBERT J. MULHERE, AICP DATE
PLANNING SERVICES DEPARTMENT DIRECTOR
VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE
COMMUNITY DEV. AND ENVIRONMENTAL SVCS.
Petition # R~99-2
Tentatively scheduled for the May 11, 1999 BCC meeting.
AGF. NDA IIT, M
MAY 11 1999
AGENDA ITEM 7-D
MEMORANDUM
TO: COLLIER COUNTY PLANNING COMMISSION
FROM: COMMUNITY DEVELOPMENT AND ENVIRONMENTAL
SERVICES DIVISION
DATE: MARCH 16, 1999
RE: PETITION NO: R-98-2, Zuidema Land Trust
OWNER/AGENT:
Owner: Land Trust #500967, M.J. Zuidema, Trustee
3844 Exchange Avenue
Naples, FL 34104
Agent: D. Wayne Arnold, AICP
Wilson, Miller, Barton & Peek, Inc.
3200 Bailey Lane, Suite 200
Naples, FL 34105
And
R. Bruce Anderson, Esq.
Young, van Assenderp and Vamadoe, P.A.
801 Laurel Oak Drive, Suite 300
Naples, FL 34108
REQUESTED ACTION:
This petition seeks to rezone the 7.9 acre subject property from Rural Agricultural, "A" to
General Commercial, "C-4", in order to develop a 100,000 square foot commercial center with
primarily commercial retail land uses.
GEOGRAPHIC LOCATION:
The subject site is located on the east side of U. S. 41 North, just north of the intersection of Old
U.S. 41 and U.S. 41, across from Village Place PUD. The site is presently vacant, and is located
in Section 9, Township 48 South, Range 25 East.
PURPOSE/DESCRIPTION OF PROJECT:
The petitioner is desirous of developing a 100,000 square foot commercial center consisting of
mostly commercial retail land uses. A commercial center is not permitted as a use wi ' ~ d~ AG~int:~A
current Agricultural, "A" ' ' ' . .... '
~'g. fir
when a standard zoning district is approved the action results in all of the uses of that district
being allowed and not simply the targeted retail uses unless otherwise restricted by the rezoning
action.
SURROUNDING LAND USE AND ZONING:
Existing: The subject 7.9 acre site is currently vacant. It has 600 feet of frontage on U.S. 41.
and is 600 feet deep.
Sun'ounding: North: The property to the north is zoned C-3, Commercial Intermediate district and is currently vacant.
South: The property to the south is zoned for C-4, General Commercial and is
currently vacant.
East: The property to the east is zoned Meadowbrook Estates PUD, a residential
PUD. The subject site abuts 4.75 acre preserve area within the
Meadowbrook Estates PUD.
West:The property to the west, across U.S. 41 is zoned Village Place PUD,
zoned to allow residential land uses.
GROWTH MANAGEMENT PLAN CONSISTENCY:
The site is located within the Urban Residential Mixed Use designated area on the Future Land
Use Map. A description of the meaning of the Urban Residential Mixed Use district in the
FLUE advises that types of uses shall be related to a variety of residential land uses including
single family, multifamily, duplex, mobile home and mixed use (Planned Unit Development).
The subject petition is for a commercial type of land use that is authorized by the site's
consistency with the FLUE. Specifically, a rezoning action to C-4 is consistent with the Office
and In-fill Commercial subdistrict of the Future Land Use Element approved as part of
Ordinance # 97-67, which was adopted on October 28, 1997. The Office and In-fill Commercial
Subdistrict allows for commercial uses within the Urban Residential Mixed Use land use
classification if the subject property meets the specific criteria outlined in the FLUE of the GMP.
The intent of this Subdistrict is to allow low intensity office commercial or in-fill commercial
development on small parcels within the Urban-Mixed Use District located along arterial and
collector roadways where residential development, as allowed by the Density Rating System, -
may not be compatible or appropriate. The project meets each of the ten criteria specified in the
FLUE to the GMP and is consistent with the plan. The criteria allow land abutting commercial
zoning on both sides to use those uses of the highest intensity abutting commercial zoning
district, which in this case is C-4. Regarding other applicable elements of the GMP, staff is of the ·
opinion that a rezoning action from "A" to C-4 would not change any level of service
relationship in a negative manner.
HISTORIC/ARCHAEOLOGICAL IMPACT:
Staff's analysis indicates that the petitioner's property is located outside an area o~ ,~c.,r~DA ~r.M
historic/archaeological probability as designated on the official Collier County PrO bab~
Pursuant to Section 2.2.25.8.1. of the Land Development Code, if during the come 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.
EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND
INFRASTRUCTURE:
The appropriate staff responsible have reviewed the subject petition for oversight related to the
above referenced areas of critical concem. This primarily includes a review by the Community
Development Environmental and Engineering staff, and the Transportation Services Division
staff. This petition was administratively reviewed on behalf of the EAB and staff recommended
approval with conditions as presented in the attached ordinance for adoption.
ANALYSIS:
Appropriate evaluation of petitions for rezonings should establish a factual basis for supportive
action by appointed and elected decision-makers. The evaluation by professional staff should'
typically include an analysis of the petitioner's relationship to the community's future land use
plan, and whether or not a rezoning action would be consistent with the Collier County Growth
Management Plan in all of its related elements.
Other evaluation considerations should include an assessment of adequacy of transportation
in~'astructure, other infi'astrucmre, and compatibility with adjacent land uses, a consideration
usually dealt with as a facet of analyzing the relationship of the rezoning action to the long range
plan for future land uses.
The most important facet of the rezoning is that it constitutes a legislative statement that
authorized the use of land for a specific development strategy, provided the development of the
land can go forward. It may or may not affect the timing of development because of subsequent
permitting requirements.
Staff completed a comprehensive evaluation of this land use petition and the criteria on which a
favorable determination must be based. This evaluation is intended to provide an objective,
comprehensive overview of the impacts of the proposed land use change, be they positive or
negative, culminating in a staff recommendation based on that comprehensive overview. The
listed criteria are specifically noted in Section 2.7.3.2.5. of the Land Development Code thus
requiring staff evaluation and comment, and form the basis for a recommendation of approval or
denial by the Planning Commission once approved and/or otherwise modified by the Board of
County Commissioners.
Notwithstanding the above, staff in reviewing the determinants for adequate findings to support a
rezoning action advise as follows:
Relationship to Future and Existing Land Uses: A discussion of this relationship,
specifically to Collier County's legal basis for land use planning refers to the relal 3ns
MAY 11 1999
3
Pg,
proposed zoning action to the Future Land Use Element of the Collier County Growth
Management Plan.
The Future Land Use Element provides for a land use district which allows property to be
rezoned to the appropriate commercial zoning district(s) as defined in the Land Development
Code, within the Urban Mixed Use land use designation which permit uses characterized as
commercial, such as retail shopping centers. In the opinion of staff, an action to rezone the
property to Co4 for commercial land uses meet the criteria for serving the community at large
and is consistent with the criteria as described in the Office and lnfill Commercial Subdistrict in
the FLUE.
It is not sufficient that a petition only need to show consistency with the G1VIP in order to justify
a rezoning action. Other factors are equally important and include the following:
Compatibility - Staff is of the opinion that a rezoning of the subject property to a C-4 zoning
district is compatible with its surrounding environs. Abutting properties to the north and south
are zoned C-3 and C-4, respectively. The property to the west is zoned for a residential PUD,
however, the subject site abuts this property's 4.75 acre preserve area. There is scattered
commercial zoning along U.S. 41, which is part of neighboring PUD's. Specifically 34 acres to
the south as part of the Lawrnetka PUD and 12 acres to the north as part of the Audubon Country
Club PUD. The abutting sites to the north and south, although presently zoned for commercial
uses are currently undeveloped. Surrounding properties zoned for residential PUD's are
developed with a scattered mix of single family and multiple family dwelling units. The subject
site fronts on U.S. 41, and given the commercial zoning of the abutting properties, is likely
unsuitable to be developed for residential land uses.
Timing ~ There are no issues of timing inasmuch as the land is ripening for development as
well as the entire surrounding environment. Central public water and sewer will serve the
project at the time of development.
Traffic - The ITE Trip Generation manual indicates that the proposed commercial development
will generate a driveway volume of approximately 4,292 trips per weekday (AADT). The p.m.
peak hour is calculated at 180 trips. The adjusted site generated trips or new trips to the site are
estimated at 2,318 AADT. Based on this data, the site-generated traffic will not exceed the
significance test standard (5 percent of the LOS "C" design volume) on U.S. 41. The Naples
IMPO's current projections indicate that traffic on Old U.S. 41 will grow to exceed its adopted
LOS "D" service volume by 2001 without this project. It should be noted that the MPO has
recently approved a new set of maximum service volume tables that will amend the tables in the
Collier County Growth Management Plan that the petitioner used in his analysis. The MPO plans
to amend the Traffic Circulation Element before the summer of this year. The revised tables
indicate that service volume for LOS "D" on Old 41 is actually 45.5 percent higher than currently
adopted, effectively eliminating the potential LOS deficiency that would otherwise exist in 2000.
In addition, this project will not lower the level of service below any adopted LOS "D" standard
on any state or county road within the project's radius of development influence (RDI).
The Traffic Circulation Element (TCE) lists this segment of U.S. 41 as a 4-lane art ~rial ~C'afh~'
fronting the project. The current traffic count for this road is 24,364 ADT, which ,~sult~l~, LOS
MAY 11 1999
4
"A" operation. Therefore, this project is deemed consistent with Policies 1.3, 1.4, 5.1 and 5.2 of
the TCE.
STAFF RECOMMENDATION:
Staff recommends that the CCPC forward this petition to the Board of County Commissioners
with a recommendation for approval, having the effect of rezoning certain lands from Rural
Agricultural, "A" to General Commercial, "C-4" as conditioned in the recommended Ordinance
for Adoption and summarized below as follows:
1. Should the property be developed for a use other than a maximum of a 100,000 gross square
foot shopping center, as defined by the Land Development Code, the developer shall be
required to submit a revised Traffic Impact Statement (TIS) to the Transportation Services
Department for their review and approval prior to final plat or site plan approval, whichever
occurs first.
2. Prior to the issuance of a certificate of occupancy, the petitioner shall pay all required
Road Impact Fees in accordance with Ordinance 92-22.
3. The developer shall be required to obtain a Roadway Connection Permit from the Florida
Department of Transportation (FDOT) prior to the construction of the project's entrance.
4. The developer shall be responsible for the construction of turn lanes at the project
entrance as may be required by the FDOT. All required turn lanes shall be in place prior to
the issuance of any Certificates of Occupancy for the developments. These improvements are
site related, and therefore, shall not be eligible for credit toward any road impact fees
required by the Collier County Road Impact Fee Ordinance, No. 92-22, as may be urnended.
5. The property owner shall maintain a 115 foot building setback from the current southern
property line, of which the County reserves the right to acquire up to 90 feet of the setback
area for the future construction of the East/West Livingston Road project. The County's cost
of acquisition shall be based on the fair market value of the land conveyed to the County as
of the date immediately preceding the effective date of the initial rezone action which
required the 90 foot future right-of-way reservation, plus the costs of any improvements
within the building setback area which must be removed or relocated. The owner may accept
the County's appraisal figure, or may elect, at his own cost and expense, to have an appraiser
he selects to appraise the fair market value. If the owner and the County are unable
to agree upon the fair market value and the costs to be paid for the removal and/or relocation
of improvements, the parties may agree upon a third appraiser, the costs of which shall be
shared equally, to determine the fair market value and costs of removed or relocated
improvements, or the County may proceed to institute an action in eminent domain. No
portion of the owner's property or improvements thereon, including structures outside the
building setback area, shall be deemed to be non-conforming as a result of the County's
acquisition of the right-of-way.
6. In accordance with Section 3.9.5.5.4. of the Collier County Land Development !ode, ~
(15) percent of the existing native vegetation by area shall be preserved on site :thi'~
shall be re-created on site in all three (3) strata, with larger plan material as reqt~ red ~.~y
5
pg.
Section 3.9.5.5.4. For this project, a minimum of 1.2 acres of native vegetation is needed to
fulfill this requirement.
7. A Gopher tortoise survey shall be submitted to the Planning Services Environmental review
section for their review and approval at the time of the first development order submittal.
8. Wetland permits shall be required in accordance with the State and Federal permitting rules.
AGENDA I'I~B.
11 1999
6
pg.//v~
PREPARED BY:
/t~USAN MURRAY, AICP C,/" DATE
CHIEF PLANNER
P~I~ALD F. NINO,'~:~CP DATE
CURRENT PLANNING MANAGER
R . MULHERE, AICP DATE
PLANNING SERVICES DEPARTMENT DIRECTOR
VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE
COMMUNITY DEV. AND ENVIRONMENTAL SVCS.
Petition Number: R-99-2
Staff Report for April 15, 1999 CCPC Meeting
NOTE: This Petition has been tentatively scheduled for the May 11, 1999 BCC Meeting.
CO,~LL~ COMMISSION:
MIC~I~ J?~RLrET, CHAIRPERSON
AGENDA I1T..M
11 1999
REZONE FINDINGS FOR PETITION R-99-2
Section 2.7.2.5. of the Collier Cotmty Land Development Code requires that the report and
recommendations of the Planning Commission to the Board of County Commissioners shall
show that the Planning Commission has studied and considered the proposed change in relation
to the following where applicable:
1. Whether the proposed change will be consistent with the goals, objectives,
and policies and Future Land Use Map and the elements of the Growth
Management Plan.
Pro/Con: Evaluation not applicable.
Summary Findings: The proposed development is in compliance with the
Future Land Use Element of the Growth Management Plan for Collier County and
all other elements, their objectives and policies, specifically the proposed development
complies with the Office and In~ll Commercial subdistrict of the FLUE.
2. The existing land use pattern.
Pro/Con: Evaluation not applicable.
Existing: The subject 7.9 acre site is currently vacant. It has 600 feet of frontage on U.S. 41
and is approximately 600 feet deep.
Surrounding: North: The property to the north is zoned C-3, Commercial Intermediate district and is currently vacant.
South:The property to the south is zoned for C-4, General Commercial and is
and is currently vacant.
East: The property to the east is zoned Meadowbrook Estates PUD, a residential
PUD. The subject site abuts 4.75 acre preserve area within the
Meadowbrook Estates PUD.
West:The property to the west, across U.S. 41 is zoned Village Place PUD,
zoned to allow residential land uses.
Summary Findim, s: The proposed rezoning and subsequent use of the
property for a retail commercial development is compatible with the surrounding
properties which are zoned for commercial land uses to the north and south, abutting the
subject site.
AGENDA ITEM
MAY I I 1999
7
Pg..
Summar~ Findings: The proposed rezoning and subsequent use of the
property for a retail commercial development is compatible with the surrounding
properties which are zoned for commercial land uses to the north and south, abutting the
subject site.
3. The possible creation of an isolated district unrelated to adjacent and nearby
districts;
Pro/Con: Evaluation not applicable.
Summar!/Findings: The parcel is in a location such that it will not result in an
isolated generic zoning district unrelated to adjacent and nearby districts.
Adjacent properties to the north and south are zoned C-3 and C-4, respectively. The
parcel as it is currently zoned, Agricultural, is an isolated zoning district relative to
surrounding properties. A rezoning action to C-4 will alleviate the site's current isolated
district status under its current Agricultural zoning designation.
4. Whether existing district boundaries are i!logically drawn in relation to
existing conditions on the property proposed for change.
Pro/Con: Evaluation not applicable.
Summary Findines: The district boundaries are logically drawn and they are
consistent with the GMP. The rezoning action does not change the fact that
development is for commercial retail purposes related to nearby commercial land
uses and is being rezoned consistent with the Office and Infill subdistrict provision of the
FLUE.
5. Whether changed or changing conditions make the passage of the proposed
amendment necessary.
Pro/Con: Evaluation not applicable.
.Summary Findines: The proposed zoning change is appropriate based on the
existing conditions of the property and because its relationship to the FLUE
(Future Land Use Element) of the GMP presently remains consistent.
6, Whether the proposed change will adversely influence living conditions in
the neighborhood;
Pro: (i) A rezoning action that is consistent with a community's
comprehensive master plan is a statement that acknowledges the
action as contributing to the basic goals and objectives of master
planning which is the promotion of the overall public health,
~- welfare and safety, and is therefore also part of the equation which
promotes the best principles of neighborhood composition. AC.,aND^ m'rr~
MAY 11 1999
8
The proposed change will have the affect of permitting a commercial
land use on the property, similar to surrounding properties to the north and
south.
Con: Some people may find any form of non-residential land use in this
area as offensive and adversely influencing their perception of
neighborhood conditions.
Summary Findings: The proposed change will not adversely influence living
conditions in the neighborhood because the change is consistent with the goals
and objectives of the master plan and because recommended development
standards and other conditions for approval that come into play at subsequent
approval phases are designed to ensure the least amount of adverse impact on
adjacent and nearby developments.
7. Whether the proposed change will create or excessively increase traffic
congestion or create types of traffic incompatible with surrounding !and uses,
because of peak volumes or projected types of vehicular traffic, including
activity during construction phases of the development, or otherwise affect
public safety.
Pro: Development of the subject property is consistent with the provisions of the
Traffic Circulation Element of the GMP, therefore traffic intensity should not
adversely affect the comfort and safety of existing users on adjacent public roads.
Con: None.
Summary Findings: Evaluation of this project took into account the requirement
for consistency with Policy 5.1 of the Traffic Element of the GMP and was found
consistent, a statement advising that this project when developed will not excessively
increase traffic congestion.
8. Whether the proposed change will create a drainage problem;
Pro/Con: Evaluation not applicable.
Summary Findings: Every project approved in Collier County involving the utilization
of land for some land use activity is scrutinized and required to mitigate all surface
drainage generated by developmental activities as a condition of approval. This project
was reviewed for drainage relationships upon ori~nal development. Any redevelopment
of the site will require design and construction plans, which shall meet County
standards as a condition of approval. In the event area wide deficiencies develop, which
deficiencies would be further exacerbated by developing vacant land, the County is
required to react through its Concurrency Management System.
9. Whether the proposed change will seriously reduce light and air to adja
Pro/Con: Evaluation not applicable.
MAY 11 1999
9
Pg.
Summary Findings: All projects in Collier County are subject to the development
standards that are umque 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.) and were designed to ensure that light
penetration and circulation of air does not adversely affect adjacent areas. The criteria
governing development in the C-4 zoning district were designed to take into account the
proximity of nearby residential land uses.
10. Whether the proposed change will adversely affect property values in
the adjacent area:
Pro/Con: Evaluation not applicable.
Summary Findings: This is a subjective determination based upon
anticipated results which may be internal or external to the subject
property that can affect property values. Properly valuation is affected by
a host of factors including zoning, however zoning by itself may or may
not affect values, since value determination by law is driven by market
value. The mere fact that a property is given a new zoning designation
may or may not affect value.
.---- 11. Whether the proposed change will be a deterrent to the improvement
or development of adjacent property in accordance with existing
regulations;
Pro/Con: Evaluation not applicable.
Summary Findings: The basic premise underlying all of the
development standards in the zoning division of the Land Development
Code is that their sound application when combined with the
administrative site development plan approval process, gives reasonable
assurance that a change in zoning will not result in a deterrence to
improvement or development of adjacent property. Surrounding properties
which are developed appear to be in a well-maintained condition.
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.
Summary Findings: The proposed development complies with the
Growth Management Plan, a public policy statement supporting zoning
._. actions when they are consistent with said Comprehensive Plan. In light
of this fact the proposed change does not constitute a grant of special AGENDA IT"E.M
11 lggg
10
privilege. Consistency with the FLUE is further determined to be a public
welfare relationship because actions consistent with plans are in the public
interest.
13. Whether there are substantial reasons why the property cannot be
used in accordance with existing zoning;
Pro/Con: Evaluation not applicable.
Summary Finding: The subject property can be developed in
accordance with the existing zoning, however to do so would deny this
petitioner of the oppormmty to maximize the development potential of the
site as made possible by its consistency relationship with the Future Land
Use Element of the Comprehensive Plan.
14. Whether the change requested is out of scale with the needs of the
neighborhood or the County;
Pro/Con: Evaluation not applicable.
Summary Findings: The proposed development complies with the
Growth Management Plan, a policy statement which has evaluated the
scale, density and intensity of land uses deemed to be acceptable for this
site.
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.
Summary Findings: The County has limited number of sites that can meet the criteria in
order to make them eligible for a rezoning to allow commercial land uses under the
Office and Infill Commercial subdistrict. Additionally, the GMP limits the total acreage
eligible to use this provision to a total of 250 acres countywide. This is not the - *'
determining factor when evaluating the appropriateness of a rezoning decision. The
determinants of zoning are consistency with all elements of the GMP, compatibility,
adequacy of in~'astrucmre and to some extent the timing of the action and
all of the above criteria.
16. The physical characteristics of the property and the degree of site
alteration which would be required to make the property usable for
any of the range of potential uses under the proposed zoning
classification.
Pro/Con: Evaluation not applicable.
Summary Findings: The site is currently undeveloped. The normal disrupti ~n ofAGE~A I~--~
property attendant to the development phase is to be expected. To this extenl the ~
natural vegetation will be removed and certain earth fill activity will be required to
prepare 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 Adequate Public Facilities
Ordinance, as amended.
Pro/Con: Evaluation not applicable.
Summary Findings: Public facilities are available, and their Level of
Service is commensurate with Adequate Public Facilities standards.
AGENDA ITEM
MAY 11 1999
Pg.
ORDINANCE NO. 99-
AN ORDINANCE AMENDING ORDINANCE NUMBER
91-102, THE COLLIER COUNTY LAND DEVELOPMENT
CODE WHICH ESTABLISHED THE COMPREHENSIVE
ZONING REGULATIONS FOR THE UN1NCORPORATED
AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING
THE OFFICIAL ZONING ATLAS MAP NUMBER 8509S BY
CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED PROPERTY LOCATED ON THE
EAST SIDE OF U.S. 41 NORTH, NORTH OF THE
INTERSECTION OF U.S. 41 AND OLD U.S. 41, IN
SECTION 9, TOWNSHIP 48 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA, FROM "A" RURAL
AGRICULTUR~ TO "C-4" GENERAL COMMERCIAL FOR
USES PERMITTED IN THE C-4 ZONING DISTRICT;
PROVIDING FOR STAFF AND PLANNING COMMISSION
STEPULATIONS; AND BY PROVIDING AN EFFECTIVE
DATE.
WHEREAS, D. WayneAmolcI, AICP of Wilson, Miller, Barton & Peek, Inc.,
representing M.J. Zuidema, Trustee for Land Trust #500967, petitioned the Board of County
Commissioners to change the zoning classification of the herera described real pwperty;
NOW, THEREFORE BE IT OR.DAD,rED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA:
SECTION ONE:
The zoning classification of the real property as more particularly described by Exhibit
"A", attached hereto and incorporated by reference herein, and located in Section 9, Township
48 South, Range 25 East, Collier County, Florida, is changed ~'om "A" Rural Agriculture to
"C-4" General Commercial and the Official Zomng Atlas Map Number 8509S, as described in
Ordinance 91-102, the Collier County Land Development Code is hereby amended
accordingly. The herein described real property is the same for which the rezone is hereby
approved subject to the conditions as described by Exhibit "B".
MAY 11 1999
Pg. t-)/
SECTION TWO:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissionen of Collie
County, Florida, this day of , 1999.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
PAMELA S. MAC'KIE, CHAIRWOMAN
ATTEST:
DWIGHT E. BROCK, CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
MARJOlt~tE M. STUDENT
ASSISTANT COUNTY ATTORNEY
f/R-99-02 REZONE ORDINANCE/
Exhibit A R-99-02
LEGAL DESCR[PT!ON
THAT PORTION OF THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE SOUTH 1/2
OF SECTION 9, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA, LYING EAST OF U.S. HIGHWAY NO.41 (FLORIDA STATE ROAD NO.45),
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
IBEGIN AT THE SOUTHEAST CORNER OF SECTION 9, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S. 88'05'34"
W., ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION
9, FOR A DISTANCE OF 444.26 FEET TO A POINT ON THE EASTERLY RIGHT-
OF-WAY LINE OF U.S. H!GHWAY NO.41 (S.R. NO. 4-5), A 200.00 FOOT RIGHT-
OF-WAY; THENCE RUN N. 16'11'03" W., ALONG SAID EASTERLY RIGHT-OF-
WAY LINE, FOR A DISTANCE OF 379.16 FEET TO THE BEGINNING OF A
TANGENTIAL CIRCULAR CURVE, CONCAVE TO THE EAST; THENCE RUN NORTHERLY,
ALONG SAID EASTERLY RIGHT-OF-WAY LINE AND ALONG THE ARC OF SAI0
CURVE TO THE RIGHT, :HAVING A RADIUS OF 5629.58 FEET, THROUGH A
CENTRAL ANGLE OF 03'03'56", SUBTENDED BY A CHORD OF 301.17 FEET
AT A BEAR!NG OF N. 14'39'07" W., FOR A DISTANCE OF 301.21 FEET
TO A POINT ON THE NORTH LINE OF THE SOUTH HALF OF THE SOUTH
HALF OF THE SOUTHEAST 1/4 OF SAID SECTION 9; THENCE RUN N. 88'17'51" E.,
ALONG THE NORTH LINE OF THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE
SOUTHEAST 1/4 OF SAID SECTION 9, FOR A DISTANCE OF. 590.70 FEET
'1'O A POINT ON THE EAST LINE OF THE SOUI'HEAST 1/4 OF SAID SECTION 9;
THENCE RUN S. 03'04'53" E., ALONG THE EAST LINE OF THE SOUTHEAST
I/4- OF SAID SECTION 9, FOR A D~STANCE OF 659.23 FEET TO THE
POINT OF BEGINNING; CONTAINING 7.884 ACRES, MORE OR LESS.
BEARINGS REFER TO TF'.E SOUTH Lt.NE OF THE SOUTHEAS7 QUARTER OF
SECTION 9, TOWNSHIP 48 SOUTH, R~NGE 25 EA. ST, COLLIER COUNTY,
F;..OR!DA AS' BE'iNS S. 88'05'34" W.
SUBJECT TO EASEMEN'FS, RESERvATiON OR RESTRICTION OF R£COR:'.
NOT VALID W'!THOU~, THE SIGNATURE AN00R:GINAL RAISED SEA~_ OF/~
FLORIDA LICENSE SURVEYOR AND MAPPER.
CERTIFIED TO: ZUiDEMA CONSTR'UCTION CO., INC.
:NER c. "';
~--25
I HEREBY CERTIFY THAT THIS SKETCH OF THE HEREON DESCRIBED .-',.'
- PROPERTY WAS SURVEYED UNDER MY DIRECTION ON 09/26/96. I
FURTHER CERTIFY THAT THIS SURVEY MEETS THE MINIMUM TECHNICAL
STANDAROS FOR LAND SURVEYING IN THE STATE OF FLORIDA PURSUANT
TO CHAPTER 61G17-6, F.A.C.
HOLE, MONTES & ASSOCIATES, INC.
CERTIFICATION OF AUTHORIZATION LB~1772 "~ ""': ..... -' "
_ - ....... -" .--.: i-:,~ c-" "-". '--
~' _ . .
THOMAS J. OARmS !': ':;; :;'FLEdR SA
=""="""'" :PLiL .Z---
Exhibit B R-99-2
Subject to the following conditions:
1. Should the property be developed for a use other than a maximum of a 100,000 gross
square foot shopping center, as defined by the Land Development Code, the developer
shall be required to submit a revised Traffic Impact Statement (TIS) to the Transportation
Services Department for their review and approval prior to final plat or site plan
approval, whichever occurs first.
2. Prior to the issuance of a certificate of occupancy, the petitioner shall pay all required
Road Impact Fees in accordance with Ordinance 92-22.
2. The developer shall be required to obtain a Roadway Connection Permit from the Florida
Department of Transportation (FDOT) prior to the construction of the proj ect's entrance.
3. The developer shall be responsible for the construction of turn lanes at the project
entrance as may be required by the FDOT. All required turn lanes shall be in place
prior to the issuance of any Certificates of Occupancy for the developments. These
improvements are site related, and therefore, shall not be eligible for credit toward
any road impact fees required by the Collier County Road Impact Fee Ordinance, No.
92-22, as may be amended.
4. The property owner shall maintain a 100 foot building setback from the current southern
property line, of which the County reserves the fight to acquire up to 90 feet of the
setback area for the future construction of the East/West Livingston Road project. The
County's cost of acquisition shall be based on the fair market value of the land conveyed
to the County as of the date immediately preceding the effective date of the initial rezone
action which required the 90 foot future right-of-way reservation, plus the costs of any
improvements within the building setback area which must be removed or relocated. The
owner may accept the County's appraisal figure, or may elect, at his own cost and
expense, to have an appraiser he selects to appraise the fair market value. If the owner
and the County are unable to agree upon the fair market value and the costs to be paid for
the removal and/or relocation of improvements, the parties may agree upon a third.
appraiser, the costs of which shall be shared equally, to determine the fair market value
and costs of removed or relocated improvements, or the County may proceed to institute
an action in eminent domain. No portion of the owner's property or improvements
thereon, including structures outside the building setback area, shall be deemed to be
non-conforming as a result of the County's acquisition of the right-of-way.
5. In accordance with Section 3.9.5.5.4. of the Collier County Land Development Code,
fifteen (15) percent of the existing native vegetation by area shall be preserved on site or
that area shall be re-created on site in all three (3) strata, with larger plan material as
required by Section 3.9.5.5.4. For this project, a minimum of 1.2 acres of native
vegetation is needed to fulfill this requirement.
MAY 11 1999
14
Pg. e~.~Z//
6. A Gopher tortoise survey shall be submitted to the Planning Services Environmental
review section for their review and approval at the time of the first development order
submittal.
7. Wetland permits shall be required in accordance with the State and Federal permitting
rules.
A~A ITEM
MAY 11 1999
15
~ ORDINANCE NO. 99-
2
3
4 AN ORDINANCE AMENDING ORDINANCE NUMBER
s 91-102, THE COLLIER COUNTY LAND DEVELOPMENT
s CODE WHICH ESTABLISHED THE COMPREHENSIVE
7 ZONING REGULATIONS FOR THE UNINCORPORATED
s AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING
9 THE OFFICIAL ZONING ATLAS MAP NUMBER 8509S BY
~0 CHANGING THE ZONING CLASSIFICATION OF THE
~ HEREIN DESCRIBED PROPERTY LOCATED ON THE
~2 EAST SIDE OF U.S. 41 NORTH, NORTH OF THE
~3 INTERSECTION OF U.S. 41 AND OLD U.S. 41, IN
2~4 SECTION 9, TOWNSHIP 48 SOUTH, RANGE 25 EAST,
~.s COLLIER COUNTY, FLORIDA, FROM "A" RURAL
xs AGRICULTURE TO "C-4" GENERAL COMMERCIAL FOR
~_7 USES PERMITTED IN THE C-4 ZONING DISTRICT;
~s PROVIDING FOR STAFF AND PLANNING COMMISSION
:~9 STIPULATIONS; AND BY PROVIDING AN EFFECTIVE
2 o DATE.
23,
22
23 WHEREAS, D. Wayne An~old, AICP of Wilson, Miller, Barton & Peek, Inc.,
24 representing M.J. Zuidema, Trustee for Land Trust #500967, petitioned the Board of County
2s Commissioners to change the zoning classification of the herein described real property;
26 NOW, THEREFORE BE IT ORDAINlED BY THE BOARD OF COUNTY
27 COMMISSIONERS OF COLLIER COUNTY, FLORIDA:
26 SECTION ONE:
29 The zoning classification of the real property as more particularly described by Exhibit
30 "A", attached hereto and incorporated by reference herein, and located in Section 9, Township
3 ~ 48 South, Range 25 East, Collier County, Florida, is changed from "A" Rural Agriculture to
32 "C-4' General Commercial and the Official Zoning Atlas Map Number 8509S, as described in
33 Ordinance 91-102, the Collier County Land Development Code is hereby mended
34 accordingly. The herein described real property is the same for which the rezone is hereby
35 approved subject to the conditions as described by Exhibit "B".
MAY 1 i 1999
1
2 SECTION TWO:
3 This ordinance shall not become effective until such time as the Future Land Use
4 Element of the Growth Management Plan providing for an Office and In-fill Subdistrict is
s found to be in compliance by the Florida Department of Commumty Affairs (Ordinance No.
6 99-16).
7
s PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
9 County, Florida, this __ day of ,1999.
10
n BOARD OF COUNTY COMMISSIONERS
12 COLLIER COUNTY, FLORIDA
13
14
15 BY:
3.~ PAMELA S. MAC'KIE, CHAIRWOMAN
hs ATTEST:
x 9 DWIGHT E. BROCK, CLERK
20
2:1.
22
23
24 APPROVED AS TO FORM AND LEGAL SUFFICIENCY
2S
26
2'7 771 t~,;, T/q- ~
28 N,//(R](ltl~IliiVl. ST013ENT
29 ASSISTANT COUNTY ATTORNEY
30
~ :L ffR-99-02 REZONE ORDINANCE/
32
MAY 11 1999
Exhibit A R-99-02
'LEGAL DESCRIPTION
THAT PORTION OF THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE SOUTH 1/2
OF SECTION 9, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA, LYING EAST OF U.S. HIGHWAY N0.41 (FLORIDA STATE ROAD N0.45),
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
~]EGIN AT THE SOUTHEAST CORNER OF SECTION 9, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S. 88'05'34"
W., ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION
9, FOR A DISTANCE OF 444.26 FEET TO A POINT ON THE EASTERLY RIGHT-
OF-WAY LINE OF U.S. HIGHWAY N0.41 (S.R. NO. 45), A 200.00 FOOT RIGHT-
OF-WAY; THENCE RUN N. 16'11'03" W., ALONG SAID EASTERLY RIGHT'OF'-
WAY LINE, FOR ~ DISTANCE OF 379.16 FEET TO THE BEGINNING OF A
TANGENTIAL CIRCULAR CURVE, CONCAVE TO THE EAST; THENCE RUN NORTHERLY,
ALONG SAID EASTERLY RIGHT-OF--WAY LINE AND ALONG THE ARC OF SAID
CURVE TO THE RIGHT,':HAVING A RADIUS OF 5629.58 FEET, THROUGH A
CENTRAL ANGLE OF 03;03'56", SUBTENDED BY A CHORD OF 301.17 FEET
AT A BEARING OF N. 14'39'07" W., FOR A DISTANCE OF 301.2! FEET
TO A POINT ON THE NORTH LINE OF THE SOUTH HALF OF ~E SOUTH
HALF OF THE SOUTHEAST 1/4 OF SAID SECTION 9; THENCE RUN N. 88'1T51" E.,
ALONG THE NORTH LINE OF THE SOUTH ~/2 OF THE SOUTH 1/2 OF THE
SOU~EAST 1/4 OF SAID SECTION 9, FOR A DISTANCE OF 590.70 FEET
lO ~ POINT ON THE EAST LINE OF THE SOUIHEAST 1/~ OF SAID SECTION 9;
THENCE RUN S. 03'04'53" E., ALONG THE EAST LINE OF THE SOUTHEAST
I/4 OF' SAID SECTION 9, FOR A D~STANCE OF 659.23 FEET TO THE
POINT OF BEGINNING; CONTAINING 7.884 ACRES, MORE OR LESS.
BEARINGS RE'FER TO TP:E SOUTH L?NE OF THE SOUTHEAS] OUARTER OF
SECTION 9. TOWNSHIP 48 SOUTH. R~NGE 25 EAST, COLLIER COUN]Y,
FLORIDA AS' BE'iNG S. 88'05'34" W.
SUBjEC'i TO EASE'MEN'fS, RESERVATION OR RESTRICTION OF RECOR:'.
NOT VALID W~THOU] THE SIGNATURE AN0 ORIGINAL RAISED SEA~ OF ~
FLORIDA LICENSE SURVEYOR AND MAPPER.
CERTIFIED TO: ZUiDEMA CONSTRUCTION CO., INC. :
',NER ,'.2;
I HEREBY CERTIF. Y THAT THIS SKETCH OF THE HEREON DESCRIBED " : -
- PROPERTY WAS SURVEYED UNDER MY DIRECTION ON 09/26/96. I
FURTHER CERTIFY THAT THIS SURVEY MEETS THE MINIMUM TECHNICAL
STANDARDS FOR LAND SURVEYING IN THE STATE OF FLORIDA PURSUANT
TO CHAPTER 61017-6, EA.C.
HOLE, MONTES &: ASSOCIATES, INC.
.......... · ." -:2 ',.-':',..- .: .;:.' :. ,' ::' '
..,.: !:_::' ?.::'::':-::?'
-- !
. :,: ,: . .- .~,~4..; _ ,.~ Pg.
Exhibit B R-99-2
1. Should the property be developed for a use other than a maximum of a 100,000 gross
square foot shopping center, as defined by the Land Development Code, the developer
shall be required to submit a revised Traffic Impact Statement (TIS) to the Transportation
Services Department for their review and approval prior to final plat or site plan
approval, whichever occurs first.
2. Prior to the issuance of a certificate of occupancy, the petitioner shall pay all required
Road Impact Fees in accordance with Ordinance 92-22.
3. The developer shall be required to obtain a Roadway Connection Permit from the Florida
Department of Transportation (FDOT) prior to the construction of the proj ect's entrance.
4. The developer shall be responsible for the construction oftum lanes at the project
entrance as may be required by the FDOT. All required turn lanes shall be in place prior
to the issuance of any Certificates of Occupancy for the developments. These
improvements are site related, and therefore, shall not be eligible for credit toward any.
road impact fees required by the Collier County Road Impact Fee Ordinance, No. 92-22,
as may be amended.
5. The property owner shall maintain a 100 foot building setback from the current southern
property line, of which the County reserves the right to acquire up to 90 feet of the
setback area for the future construction of the East/West Livingston Road project. The
County's cost of acquisition shall be based on the fair market value of the land conveyed
to the County as of the date immediately preceding the effective date of the initial rezone
action which required the 90 foot future fight-of-way reservation, plus the costs of any
improvements within the building setback area which must be removed or relocated. The
owner may accept the County's appraisal figure, or may elect, at his own cost and
expense, to have an appraiser he selects to appraise the fair market value. If the owner
and the County are unable to agree upon the fair market value and the costs to be paid for
the removal and/or relocation of improvements, the parties may agree upon a third
appraiser, the costs of which shall be shared equally, to determine the fair market value
and costs of removed or relocated improvements, or the County may proceed to institute
an action in eminent domain. No portion of the owner's property or improvements
thereon, including structures outside the building setback area, shall be deemed to be
non-conforming as a result of the County's acquisition of the right-of-way.
6. In accordance with Section 3.9.5.5.4. of the Collier County Land Development Code,
fifteen (15) percent of the existing native vegetation by area shall be preserved on site or
that area shall be re-created on site in all three (3) strata, with larger plan material as
required by Section 3.9.5.5.4.
7. A Gopher tortoise survey shall be submitted to the Planning Services Environmental
review section for their review and approval at the time of the first developn ent olttl~A I~
submittal. ~ /~j?
MAY 11 1999
20 Pg-,,..~.q ._
EXECUTIVE SUMMARY
PETITION NO. PUD-99-2 DONALD W. ARNOLD, AICP OF WILSON, MILLER, BARTON
& PEEK, INC. REPRESENTING KENNEY SCHRYVER, AS TRUSTEE FOR LAND TRUST
98-101, REQUESTING A REZONE FROM "A" RURAL AGRICULTURE TO "PUD"
PLANNED UNIT DEVELOPMENT TO BE KNOWN AS VENETIAN PLAZA FOR
PROFESSIONAL OFFICES AND LIGHT COMMERCIAL USES, LOCATED ON
VANDERBILT BEACH ROAD (C.R. 862) 1/4 MILE WEST OF AIRPORT-PULLING ROAD
(C.R. 31) IN SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA, CONSISTING OF 6.02 +/- ACRES.
OBJECTIVE:
The petitioner seeks to have land described herein rezoned from its current zoning designation of
Rural Agricultural, "A" to Planned Unit Development, "Venetian Plaza PLrD" for the purposes
of building a commercial shopping center with a maximum of 90,000 gross square feet of office
and light commercial development on a vacant 6.02 +/- acre site.
CONSIDERATIONS:
The site is located 1/4 mile west of the southwest comer of the intersection of Airport.pulling
Road and Vanderbilt Beach Road, to the west of the Mixed Use Activity Center as shown on the
Future Land Use Map, at the intersection of Vanderbilt Beach Road and Airport-Pulling Road.
This petition purports to rezone this 6.0 +/- acre site from Rural Agricultural to Venetian Plaza
PUD to allow office and light commercial uses generally found within the C-1/T through C-
3 zoning district. The requested rezoning proposes to allow the site to be developed with office
and low intensity commercial land uses, which may include such uses like real estate offices,
engineering offices, and home furnishings stores. The petitioner proposes a unified development
over the entire tract of land. The proposed Master Plan indicates that primary access to the site
will be provided from Vanderbilt Beach Road at the eastern edge of the property. The final
location of access points along Vanderbilt Beach Road will be coordinated with adjacent
development to the north and east, such that future traffic s. ignalization may be accommodated.
All commercial development on the site will be required to comply with the County's
Architectural and Site Design Regulations within the Land Development Code.
Development Standards - The proposed development standards for the project are similar to the.
C-1/T zoning district standards which most closely characterizes the uses authorized by this
district. Additional standards have been added to the PUD document, which serve to protect and
buffer the residential property abutting the site to the south. Specifically, building heights are
limited to 35 feet on the southernmost 200 feet of the subject site; no fitness facility shall be
placed on the southernmost 400 feet of the site; a 20 foot wide Type B landscape buffer shall be
placed on the southern property line; no freestanding restaurants shall be permitted and any
restaurant facility shall be placed on the northernmost 300 feet of the site, limited to 1700 square
feet in area; and no automobile traffic shall be allowed to access Tennis Court Lane fr ~ *'~ic.,ra~A ~ "'l
subject site. Both representatives of the subject site and the Emerald Lakes property o ers ~
association agreed upon these conditions. ~
biAS' I I 1999
pl. /
FISCAL IMPACT:
This PUD by and of itself will not have a fiscal impact on the County. However, if this request
meets its objective, a portion of the existing land will be further developed. The mere fact that
new development has been approved will result in a future fiscal impact on County public
facilities.
Current Agricultural Zoning District Proposed Commercial (C~4)
District
6 acres / 1 sf du per 5 acres = 30 sf du 6 acres developed with 90,000 sq ft
30 s.f. x $578.00 (parks) - $17,340.00 F.A./1,000 x $5,000 (road) = $450,000.00
30 s.f. x $180.52 (library) = $5,145.60 F.A. x 0.30 (fire) = $27,000.00
30 s.f.x. 15 x 1000 sq ft (fire) = $4,500.00 F.A. x 0.005 (radon gas) = $450.00
30 s.f. x $1,778 (schools) = $53,340.00 F.A. x 0.005 (bldg code) = $450.00
30 s.f. x $1,379 (roads) = $41,370.00 F.A./1,000 x $250.00 (EMS) = $22,500.00
30 s.f. x .005 x 1,000 (radon) = $150.00
30 s.f. x .005 x 1,000 (bldg code) =
.~_... $150.00
30 s.f. x $1.50 (microfilm) = $45.00
30 s.f. x 14.00 (EMS) = $420.00
Total 30 s.f. du generate = $122,460.60 Total 90,000 sq ft comm = $500,400.00
Development of the site for a commercial use, should the site be rezoned to PUD and developed
with 90,000 square feet of commercial/office floor area, will generate approximately
$377,940.00 more in impact fees than if the site was developed for single family
residential/agricultural use as presently zoned.
GROWTH MANAGEMENT IMPACT:
The approval of this rezoning request will not affect or change the requirements of the Growth
Management Plan. The rezoning request will be consistent with the applicable elements of the
Growth Management Plan once the Office and Infill Commercial Subdistrict is legally effective.
The project will not have a negative impact on adopted level of service standards.
HISTORIC/ARCHAEOLOGICAL IMPACT:
Staffs analysis indicates that the petitioner's property is located outside an area of historical and
archaeological probability as referenced on the official Collier County Probability Map.
Therefore, no Historical/Archaeological Survey and Assessment is required.
AGENDA ITEM'
no. I~R
MAY 11 1999
Pj. =,~
PLANNING COMMISSION RECOMMENDATION:
At a public hearing held on April 15, 1999, the CCPC voted unanimously to forward PUD 99-2
to the Board of County Commissioners with a recommendation for approval subject to the
following stipulations:
1. Reference to Directory signs in the PUD document shall be removed and all signs placed on
the site shall be regulated by the appropriate sections of the Land Development Code.
2. No automobile traffic shall be permitted on Tennis Court Lane from the site.
3. The height of the buildings on the southernmost 200 feet of the subject site (measured fi'om
the rear property line) will be restricted to 3 feet, which will accommodate two (2) stories
with a pitched roof to be more residential in character.
4. There will be no fitness facility placed on the southernmost 400 feet of the subject site
measured from the rear property line.
5. A twenty (20) foot wide Type B landscape buffer shall be placed along the southerly property
line as described in Section 2.4.7.4 of the Collier County Land Development Code.
6. Any restaurant facility approved for the site shall not be freestanding and shall be placed only
on the northemmost 300 feet of the subject site, measured from the front property line and
shall be limited to 1,700 square feet.
The PUD document has been revised to meet all of the aforementioned stipulations. As a result,
this petition meets all of the criteria for placement on the summary agenda.
AG, E:I',,I:)A ITEM
MAY 11 1999
PREPARED BY:
SUSAN MURRAY, AICP , DATE
CHIEF PLANNER
EWED BY:
~'1~, AICP, MANAGER DATE ' '
CURRENT PLANNING SECTION
ROBERT J. MULHERE, AICP, DIRECTOR DATE
PLANNING SERVICES
APPROVED BY:
- 7
VINCENT A. CAUTERO, AICP, ADMINISTRATOR DA
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SVCS.
Petition Number: PUD-99-2 Venetian Plaza PUD
This petition has been tentatively scheduled for the May 11, 1999 Board of County
Commissioners Public Hearing.
AGENDA frEM
no, !~,~
MAY 11 1999
pg.
AGENDA ITEM 7-E
MEMORANDUM
TO: COLLIER COUNTY PLANNING COMMISSION
FROM: COLLIER COUNTY COMMUNITY DEVELOPMENT & ENVIRONMENTAL
SERVICES DIVISION
DATE: MARCH 22, 1999
RE: PETITION NO: PUD-99-2 VENETIAN PLAZA PUD
OWNER/AGENT:
Agent: Kim Patrick Kobza
Treiser, Kobza & Volpe, Chtd.
4001 Tamiami Trail North #330
Naples, FL 34103
And
Donald W. Arnold
Wilson, Miller, Barton & Peek, Inc.
3200 Bailey Lane, Suite 200
Naples, FL 34105
Applicant: Kenney Schryver, Trustee, Land Trust 98-101- Contract Purchaser
4001 Tamiami Trail North #330
Naples, FL 34103
REQUESTED ACTION:
The petitioner seeks to have land described herein rezoned from its current zoning designation of -
Agriculture, "A" to Planned Unit Development, Venetian Plaza PUD, for the purposes of
building a mixed office and low intensity commercial development with a maximum of 90,000
square feet of gross leaseable building area on a 6.0 +/- acre site.
GEOGRAPHIC LOCATION:
The subject property is located west of the southwest comer of the intersection of Airport-Pulling
Road and Vanderbilt Beach Road. The site has approximately 330 feet of frontage on Vat ,a,-,'hill ,
Beach Drive and is approximately 764 feet deep. The site is located in Section 2, Townsl~ Lp 49AGE~°A ~
South, Range 25 East, Collier County, Florida. no./? fi2
HAY 11 1999
pg. d'
PURPOSE/DESCRIPTION OF PROJECT:
The Venetian Plaza PUD is located on a 6.0 +/- acre tract on the south side of Vanderbilt
Beach Road, 1/4 mile west of and adjacent to the Walgreen's PUD which is located at the
southwest comer of the intersection of Vanderbilt Beach Road and Airport-Pulling Road. The
site is presently zoned Rural Agricultural, "A". This petition purports to rezone this 6.0 +/- acre
parcel from Agricultural "A"to Venetian Plaza PUD to allow for office and low intensity
commercial land uses. The Venetian Plaza PUD will permit a maximum of 90,000 square feet of
gross leaseable floor area. The requested rezoning proposes to allow the site to be developed with
office and low intensity commercial land uses, which may include such uses like real estate
offices, engineering offices, and home fumishings stores. The petitioner proposes a unified
development over the entire tract of land. The proposed Master Plan indicates that primary access
to the site will be provided from Vanderbilt Beach Road at the eastern edge of the property. The
final location of access points along Vanderbilt Beach Road will be coordinated with adjacent
development to the north and east, such that future traffic signalization may be accommodated.
All commercial development on the site will be required to comply with the County's
Architectural and Site Design Regulations within the Land Development Code..
SURROUNDING LAND USE AND ZONING:
Existing: The subject site is located on the south side of Vanderbilt Beach Road,
approximately 1/4 mile west of the southwest comer of the intersection of
Airport-Pulling Road (CR-31 ) and Vanderbilt Beach Road (CR-862)just outside
the activity center surrounding this intersection as designated on the Future Land
Use Map.
Surrounding: North - Vanderbilt Beach Road (CR-862) parallels the northem property
boundary. North of Vanderbilt Beach Road is land within the Pelican
Marsh PUD which is currently under development for a bank and an Eckerd's
Drug Store.
South - South of the subject site, across Tennis Court Lane, is land currently
zoned Emerald Lakes PUD, which is developed with multi-family residential
dwelling units.
East - 15 acre Walgreen's PUD, currently undeveloped, and a 2 +/- acre tract
zoned Community Facilities "CF," which is developed with a private tennis
pavillion. The "CF" zoned tract is located within the Activity Center boundary.
West - Marker Lake Villas PUD. Currently under construction for multiple family
development. AGEI',I:)A ITF_IV~
MAY 11 1999
p¢.
GROWTH MANAGEMENT PLAN CONSISTENCY:
The subject property is located in the Urban Residential Mixed Use land use classification as
designated on the Future Land Use Map to the Future Land Use Element of the Growth
Management Plan.
A review of consistency relationships with elements of the GMP is as follows:
Future Land Use Element -
The subject property is currently zoned "A", Rural Agricultural. It is located adjacent to the
western boundary of the designated Activity Center on the Future Land Use Map, surrounding
the intersection of Vanderbilt Beach Road and Airport-Pulling Road. The subject petition is for a
low intensity office commercial and in-fill commercial PUD allowing up to a maximum of
90,000 square feet of gross leaseable floor area on one (1) tract of land. The PUD document
allows uses which are consistent with the low intensity office and commercial uses generally
permitted in the C-1-C-3 zoning districts, which comply with the intent of the Office and In-fill
Commercial Subdistrict in the Urban Residential Mixed Use land use classification as designated
on the Future Land Use Map, therefore it is consistent with the Future Land Use Element of the
~-- Growth Management Plan.
Consistency with other applicable elements of the Growth Management Plan is as follows:
Traffic Circulation Element -
The ITE Trip Generation Manual indicates that this petition will generate approximately 912
Average Annual Daily Trips (AADT) after trip adjustments are made. Peak hour volumes were
estimated using the growth rate established by the FSUTMS model which includes the
existing/committed road and intersection improvements. Based on this data, the site-generated
traffic from the proposed petition will not exceed the significance test standard (5 percent of the
LOS "C" design volume) on CR-862 after trip assignments are made. In addition, the project
trips will not lower the level of service below the adopted LOS "D" standard. Therefore, the
project is consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element (TCE).
The TCE lists CR-862 as a 4-lane arterial road fronting the project. The current traffic count for
this road is 15,864 Peak Season Daily Traffic (PSDT) and is operating at an acceptable level of
service. The PSDT was based on the Peak/Annual Ratio shown in the County's Transportation
Planning Database. It should be noted that this 4-lane road segment fronting the project is not
projected to be deficient by the build-out of the project. As a result, this petition complies with
Policy 1.3 and 1.4 of the TCE.
Staff has reviewed the layout of the PUD Master Plan and finds the following: The primary
access to the site will be from Vanderbilt Beach Road which has clear sight distance at the
proposed access point. The Walgreen's PUD Master Plan, adjacent to the site to the east, No.
MAY 11 1999
pg.
indicates its site has access to Vanderbilt Beach Road via a full median opening, adjacent to its
western property boundary. Consitent with Policy 7.2 of the TCE, staff recommends that
development of the subject site incorporate a shared access agreement and an interconnection
with the property owners to the east, to facilitate traffic flow between the sites and to reduce
turning movements into the sites from Vanderbilt Beach Road.
Lastly, Policy 7.3 of the TCE requires the provision of safe and convenient on-site traffic flow
and the need for adequate parking. Staff is of the opinion that this petition is consistent with this
policy. The final design will be reviewed at the time of site development plan review (SDP) or
preliminary subdivision plat.
Other Applicable Element (s) -
Other applicable elements are those typically evaluated at the time of subsequent development
approvals, and generally deal with infrastructure. To the extent that improvements to
infrastructure and/or the extension of available public utilities is required, these will be mandated
at the time of approval of the required site development plan and/or subdividing if necessary.
Water management facilities will be constructed to meet County ordinances and these will be
reviewed and approved as a sanction of obtaining subsequent development order approvals.
The above prescribed course of action makes this petition consistent with this element of the
GMP.
HISTORIC/ARCHAEOLOGICAL IMPACT:
Staff's analysis indicates that the petitioner' s property is located outside an area of historical and
archaeological probability as referenced on the official Collier County Probability Map.
Therefore, no Historical/Archaeological Survey and Assessment is required.
Pursuant to Section 2.2.25.8.1. of the Land Development Code, if, during the course of site
clearing, excavation or other construction activity an historic or archaeological artifact is found,
all development within the minimum area necessary to protect the discovery shall be
immediately stopped and the Collier County Code Enforcement Department contacted.
EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND
INFRASTRUCTURE:
The subject petition has been reviewed by the appropriate staff responsible for the above
referenced areas of concem. This primarily includes a review by the Community Development
environmental and engineering staff, and the Transportation Services Division staff.
This petition was administratively reviewed on behalf of the EAB and staff recommended
approval subject to conditions which have been incorporated into the Resolution of Adopti m. AGEmA IW~.k
MAY 11 1999
ANALYSIS:
Staff completed a comprehensive evaluation of this land use petition and the criteria on which a
favorable determination must be based. This evaluation is intended to provide an objective,
comprehensive overview of the impacts of the proposed land use change, be they positive or
negative, culminating in a staff recommendation based on that comprehensive overview. The
listed criteria are specifically noted in Section 2.7.2.5 and Section 2.7.3.2.5 of the Land
Development Code thus requiring staff evaluation and comment, and shall be used as the basis
for a recommendation of approval or denial by the Collier County Planning Commission to the
Board of County Commissioners. Each of the potential impacts or considerations identified
during the staff review are listed under each of the criterion noted and are categorized as either
pro or con, whichever the case may be, in the opinion of staff. Staff review of each of the
criterion is followed by a summary conclusion 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.
Appropriate evaluation of petitions for rezoning should establish a factual bases for supportive
action by appointed and elected decision makers. The evaluation by professional staff should
typically include an analysis of the petition's relationship to the community's future land use
plan, and whether or not a rezoning action would be consistent with the Collier County Growth
Management Plan in all of its related elements. Other evaluation considerations should include
an assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility
with adjacent land uses, a consideration usually dealt with as a facet of analyzing the relationship
of the rezoning action to the long range plan for future land uses.
· Notwithstanding the above, staff in reviewing the determinants for adequate findings to support a
rezoning action advise as follows:
Relationship to Future and Existing 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 Growth Management
Plan.
The subject property is located within the Urban Residential Mixed Use future land use
classification as depicted on the Future Land Use Map of the Growth Management Plan.
Specifically, a rezoning action to PUD to allow low intensity office and commercial development
is consistent with the Office and In-fill Commercial subdistrict of the Future Land Use Element
as part of Ordinance # 97-67, which was adopted on October 28, 1997. The Office and In-fill
Commercial Subdiswict allows for commercial uses within the Urban Residential Mixed Use
land use classification if the subject property meets the specific criteria outlined in the FLUE of
the GMP. The intent of this Subdistrict is to allow low intensity office commercial or in-fill
"' ':ommercial development on small parcels within the Urban-Mixed Use District located along
arterial and collector roadways where residential development, as allowed by the Densit VRatil~A rim
System, may not be compatible or appropriate. The project meets each of the ten criteri~ no.iT/'?
MAY 11 1999
5
pg._/g~ _
specified in the FLUE to the GMP and is consistent with the Growth Management Plan. The
criteria allow land abutting commercial zoning on one side, to be limited to office or tow
intensity commercial land uses. The site is located on the south side of Vanderbilt Beach Road,
1/4 mile east of the intersection of Vanderbilt Beach Road and Airport-Pulling Road. The site is
adjacent to the Walgreen's PUD to the east, which was approved primarily for C-4, General
Commercial, types of land uses. The PUD document indicates the proposed development
scenario for the 6.0 acre site is for office and low intensity commercial development which will
consist of a maximum of 90,000 square feet of gross leaseable floor area. Stipulations in the PUD
document regulate the development of the uses authorized by the approval of this PUD rezoning
until such time as the Future Land Use Element of the Growth Management Plan, providing for
an Office and In-fill Subdistrict, is found to be in compliance by the Florida Department of
Community Affairs. This compliance finding is anticipated before the project goes before the
Board of County Commissioner's scheduled hearing date. Should the compliance finding be
delayed, in the interim, should this rezoning be approved, uses authorized by Section 2.2.12.
Commercial Professional Distirct (C-1 ) and the Commercial Professional Transitional District
(C-1FF), of the Land Development Code shall be permitted subject to the requirements that the
gross floor area of authorized uses shall not exceed 25,000 square feet. A rezoning action to
allow this type of development scenario is consistent with the Growth Management Plan as it is
presently adopted. Abutting the site to the east and south, is 5+/- acres of vacant land currently
zoned for Community Facilities, "CF". The tract zoned "CF" falls within the Activity Center.
Access to this site is provided via a recorded access easement which is located on the Walgreen's
PUD site, parallel to the subject site's eastern property boundary. Abutting the site to the south is
the Emerald Lakes PUD. The portion of this project abutting the subject site is developed with
multi-family structures that are located across Tennis Court Lane, a private, un-improved road
which abuts the site along its southem property boundary. Abutting Tennis Court Lane, the PUD
Master Plan indicates a 45 foot wide building setback ~'om the centerline of the street, and
includes the required 15 foot wide landscape buffer and a 30 foot wide area for water retention.
All commercial development on the site will be required to comply with the County's
Architectural and Site Design Regulations within the Land Development Code.
Traffic:
The ITE Trip Generation Manual indicates that the proposed project will generate approximately
912 AADT after trip adjustments are made. Based on this data, the site generated traffic from the
proposed petition will not exceed the significance test standard (5 percent of the LOS "C" design
volume) on CR-862 after trip assigranents are made. In addition, the project trips will not lower
the level of service below the adopted LOS "D" standard. Therefore, the project is consistent
with Policy 5.1 and 5.2 of the Traffic Circulation Element (TCE).
The TCE list CR-862 as a 4-lane arterial road fronting the project. The current traffic count for
this road is 15,864 PSDT and is operating at an acceptable level of service. The Peak Season
Dally Traffic was based on the Peak/Annual Ratio shown in the County's Transportation
Planning Database. It should be noted that the road segment ~'onting the project is not projected
to be deficient at the build-out of the project. As a result, this petition complies with Poli~ , 1.3AallmA
and 1.4 of the TCE.
MAY 11 1999
6
I:,~./',/
Utility Infrastructure:
Both a public sanitary sewer and municipal water supply is available to the property. All
development must comply with surface water management requirements invoked at the time of
site development plan approval. Water management planning, is however, reflected on the PUD
master plan for the entire site.
Community Infi'astrucmre and Services:
The subject property will provide convenient access to a wide range of shopping and dining
facilities all within walking distance and a short driving distance to residents within neighboring
and nearby residential developments. Police, fire and other emergency services can be readily
provided from the appropriate providerjurisdiction.
MASTER PLAN AND PUD DEVELOPMENT STANDARDS:
Master Plan - The master plan iljustrates the Land Development Code requirements relative to
landscape buffers, open space, and water management. The internal street system provides
connections to the Vanderbilt Beach Road. Staff recommends the petitioner provide an
interconnect between the subject site and the Walgreen's PUD to the east to facilitate traffic flow
and limit mining movements from Vanderbilt Beach Road.
Development Standards - The proposed development standards for commercial development take
into account the surrounding land uses and zoning. Setbacks from the west and south property
boundaries take into account the residential zoning and development of neighboring properties.
The required yard setbacks adjacent to Vanderbilt Beach Road take into account the maximum
· allowed building height of 45 feet, and are based on similar setbacks which have been approved
for structures within PUD's that are located adjacent to the County's major arterial and collector
roadways.
STAFF RECOMMENDATION:
Staff recommends that the Collier County Planning Commission forward PUD-99-2, Venetian
Plaza PUD to the Board of County Commissioners with a recommendation for approval with the
following stipulations:
The PUD Master Plan shall be revised to show the following:
1. The PUD Master Plan shall designate vehicular access and an interconnection with the
adjoining property to the east (Walgreen's PUD).
The PUD Document shall be revised as follows:
1. Section 2.2, the end of the first sentence shall be revised as follows:
.... Management Plan in effect at the time ofl:~ development order
application.
? MAY ' ' 1999
2. Section 2.5, the third sentence shall be revised as follows, and add the noted sentences:
-n,~. ............. Construction trailers may use septic tanks or holding tanks for
waste disposal, subject to permitting under Rule 64E-6, Florida Administrative Code and
may utilize potable or irrigation wells. Non-permanent sales centers exceeding 120 day
duration shall connect to the County sewer if available. If sewer is not available, they
shall require a septic system. All permitting shall be done through the Collier County
Public Health Unit.
3. Section 4.9 delete section B.
4. Section 4.12 delete section A.
5. Add the following paragraph to Section 4.5, Transportation:
As a function of a Preliminary Subdivision Plat (PSP) or a Site Development Plan (SDP)
whichever is applicable, the respective planning document shall provide by way of a
recorded easement or platted right of way, access to the adjoining property to the east
(Walgreen's PUD) and to provide a written affidavit that said access easement or recorded'
platted right of way is for the unencumbered enjoyment of said contiguous property
owner prior to fmal SDP or plat approval. No subsequent development Orders shall be
approved until this access easement is recorded.
AGENDA ITEM
No.__.Z,.~J¢~
I,.. AY 11 1999
8
I:>il...~_~,,~.__
PREPARED BY:
S, EfSAN MURRAY, AICP DATE
CHIEF PLANNER
ROI~/KLI~ 1~. i~T~,~,j~ DATE
CURRENT PLANNING MANAGER
R DATE
PLANNING SERVICES DEPARTMENT DIRECTOR
VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE
COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SVCS.
Staff Report for the April 15, 1999 CCPC meeting.
Petition Number: PUD-99-2 Tentatively scheduled for the May 11, 1999 BCC meeting.
COLLIER C~~SSION:
MICH~ A. BRUET, CHAIRPERSON
AGEND A ITE)4
~,. /Y ES'
b'~AY 11 1999
u
REZONE FINDINGS FOR PETITION PUD-99-2
Section 2.7.2.5. of the Collier County Land Development Code requires that the report and
recommendations of the Planning Commission to the Board of County Commissioners shall
show that the Planning Commission has studied and considered the proposed change in relation
to the following, where applicable:
1. Whether the proposed change will be consistent with the goals, objectives, and
policies and Future Land Use map and the elements of the Growth Management
Plan.
Pro/Con: Evaluation not applicable.
Summary Findin_~s: The proposed development is in compliance with the Future Land
Use Element of the Growth Management Plan for Collier County and all other elements,
their objectives and policies. All of the property is located within the Urban Designated
Area on the Future Land Use Map to the Future Land Use Element to the Growth
Management Plan. A detailed summary of compliance with the GMP is provided in the
staff report.
2. The existing land use pattern;
Pro/Con: Evaluation not applicable.
Summary Findings:
Existing: The subject site is located on the south side of Vanderbilt Beach Road,
approximately 1/4 mile west of the southwest comer of the intersection of
Airport-Pulling Road (CR-31) and Vanderbilt Beach Road (CR-862)just outside
the activity center surrounding this intersection as designated on the Future Land
Use Map.
Surrounding: North - Vanderbilt Beach Road (CR-862) parallels the northern property
boundary. North of Vanderbilt Beach Road is land within the Pelican
Marsh PUD which is currently under development for a bank and an Eckerd's
Dmg Store.
AGENDA ITEM
South - South of the subject site, across Tennis Court Lane, is land curren Ly
zoned Emerald Lakes PUD, which is developed with multi-family residential
dwelling units.
East - 15 acre Walgreen's PUD, currently undeveloped and a 2 +/- acre tract
zoned Commtmity Facilities "CF" which is developed with a private tenms
pavillion. The "CF" zoned tract is located within the Activity Center boundary.
West - Marker Lake PUD. Currently under construction for multiple family
development.
3. The possible creation of an isolated district unrelated to adjacent and nearby
districts;
Pro: The subject site is of sufficient size (6.0 +/- acres) and is located adjacent to an
activity center as designated on the Future Land Use Map. Surrounding properties to the
north and east are zoned to allow commercial types of uses. Utilizing the Office and
Infill subdistrict of the Growth Management Plan will permit a lower intensity
commercial and office development abutting a multiple family residential development
to the south and west, creating a low intensity buffer between the commercial activities
surrounding the activity centers at the intersection of Airport-Pulling Road and
Vanderbilt Beach Parkway.
Con: None.
Summary_ Findings: The rezoning of the subject site from "A" to PUD will not have the
effect of creating an isolated district unrelated to adjacent and nearby districts.
4. Whether existing district boundaries are illogica!ly drawn in relation to existing
conditions on the property proposed for change.
Pro/Con: Evaluation not applicable.
Summary Findings: The existing district boundaries are logically drawn consistent with
existing conditions on the property proposed for development.
5. Whether changed or changing conditions make the passage of the proposed
amendment necessary.
Pro/Con: Evaluation not applicable.
Summary Findings: The proposed change is appropriately based on the existing
"" conditions of the property and because its relationship to the FLUE (Future Land Use
Element of the GMP) is a positive one.
11 ,. [.'..,.:'11 1999
6. Whether the proposed change will adversely influence living conditions in the
neighborhood;
Pro/Con: Evaluation not applicable.
Summary Findings: The proposed change will not adversely influence living conditions
in the neighborhood because the recommended development standards and other
conditions for approval have been promulgated and designed to ensure the least amount
of adverse impact on adjacent and nearby developments. Furthermore, the proposed
project is in compliance with the GMP and is compatible with surrounding developments.
7. Whether the proposed change will create or excessively increase traffic congestion
or create types of traffic deemed incompatible with surrounding land uses, because
of peak volumes or projected types of vehicular traffic, including activity during
construction phases of the development, or otherwise affect public safety.
Pro: (i) The proposed development of the subject property is consistent with the
provisions of the Traffic Element of the Growth Management Plan,
therefore the additional Waffle generated by the proposed development
should not adversely affect the comfort and safety of existing users on
adjacent public roads.
(ii) The subject property is located adjacent to the County's arterial and
collector road system.
Con: (i) As urban intensification increases, there is some loss of comfort and ease
of travel to the motoring public. However, by law, this degree of
discomfort is regulated by concurrency requirements.
(ii) Shared access between the subject site and the adjoing property to the east
would facilitate smoother traffic movements on Vanderbilt Beach Road,
reducing driveway cuts and allowing users of the subject site to have
access to a full median opening.
Summary Findings: Evaluation of this project took into account the requirement for
consistency with Policy 5.1 of the Traffic Element of the GMP and was found consistent.
In the final analysis all projects are subject to the Concurrency Management system.
Additionally, certain traffic management system improvements are required as a
condition of approval (i.e. mm lanes, traffic signals, dedications, etc.). Consistent with
the Future Land Use Element, an interconnection between the subject site and the
property to the east is recommended.
AGENDA
8. Whether the proposed change will create a drainage problem; No.
11 1999
12
Pro: Road improvements precipitated by this development and water management
improvements to accommodate site development are designed to accommodate the
normal drainage requirement.
Con: Urban intensification potentially can heighten the occasion for area°wide flooding
under the more severe rainfall event.
Summary 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 as a condition of approval. This project
was reviewed for drainage relationships and design and construction plans are required to
meet County standards as a condition of approval. In the event area-wide deficiencies
develop, which deficiencies would be further exacerbated by developing vacant land, the
County is required to react through its Concurrency Management system.
9. Whether the proposed change will seriously reduce light and air to adjacent areas;
Pro/Con: Evaluation not applicable.
Summary Findjules: All projects in Collier County arc 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 vacant or
underutilized land.
Con: None.
Summary Findinlls: This is a subjective determination based upon anticipated results
which may be internal or external to the subject property that can affect property values.
Property valuation is affected by many factors including zoning, however zoning by itself
may or may not affect values, since value determination by law is driven by market value.
The mere fact that a property is given a new zoning designation may or may not affect
value.
' AGEd6A'~rr.U ' '
11. Whether the proposed change will be a deterrent to the improvement or
MAY 11 1999
13
Pg..
development of adjacent property in accordance with existing regulations;
Pro/Con: Evaluation not applicable.
Summary Findin!~s: The basic premise underlying all of the development standards in
the zoning division of the Land Development Code is that their sound application when
combined with the administrative site development plan approval process, gives
reasonable assurance that a change in zoning will not result in a deterfence to
the development of adjacent properties.
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.
Summary Findings: Since consistency with the Future Land Use Element of the
County's Growth Management Plan is deemed to be in the public's interest, and because
the proposed rezoning action and subsequent development complies with the Growth
Management Plan, then the proposal can be deemed not to constitute a special privilege
and in the public interest.
13. Whether there are substantial reasons why the property cannot be used in
accordance with existing zoning;
Pro/Con: Evaluation not applicable.
Summary Findings: The subject property is not tmdevelopable under the current zoning
designation, however, to do so would deny this petitioner of the opportunity to maximize
the development potential of the site as made possible by its consistency relationship with
the FLUE.
14. Whether the change suggested is out of scale with the needs of the neighborhood or
the County;
Pro/Con: Evaluation not applicable.
Summary Findings: The proposed development complies with the Growth Management
Plan, a policy statement which has evaluated the scale, density and intensity of land uses
deemed to be acceptable for this site.
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. AGV_~A
Summary Findings: There are other sites which are zoned to accommodate the proposed
development, although the GMP limits the total acreage to utilize the Office and Infill
Commercial subdistrict, County-wide, to 250 acres. This is not the determining factor
when evaluating the appropriateness of a rezoning decision. The determinants of zoning
are consistency with all elements of the GMP, compatibility, adequacy of infrastructure
and to some extent the timing of the action and all of the above criteria.
16. The physical characteristics of the property and the degree of site alteration which
would be required to make the property usable for any of the range of potential uses
under the proposed zoning classification.
Pro/Con: Evaluation not applicable.
Summary Findines: The extent of site alteration will be determined as a function of
obtaining Site Development Plan approval which will be necessary to execute the PUD's
development strategy.
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 as defined and implemented through the Collier County
Adequate Public Facilities Ordinance, as amended.
Pro/Con: Evaluation not applicable.
Summary FindinEs: Sanitary sewers and municipal water utilities are available to serve
the development. Review by jurisdictional staff for consistency evaluation with GMP
required levels of service advise that there is no deficiency.
AGENDA ITEM
is l' "' 11 1999
FINDINGS FOR PUD
PUD-99-2
Section 2.7.3.2.5. of the Collier County Land Development Code requires the CCPC to
make a finding as to the PUD Master Plan's compliance with the following criteria:
1. The suitability of the area for the type and pattern of development proposed
in relation to physical characteristics of the land, surrounding areas, traffic
and access, drainage, sewer, water, and other utilities.
Pro: (i) Development of land which is located 1/4 mile west of the intersections
of two (2) major roadways (Airport-Pulling Road and Vanderbilt Beach Road) is
particularly suitable for low intensity commercial and office infill as a transitional
use between the intersection and the residential land uses to the west and south.
(ii) Intensifying land development patterns produces economies of scale relative
to public utilities, facilities and services, which are currently available in this area.
Con: (i) Nearby residential communities often perceive development
intensification in their area as contributing factors to inconveniencing
movements to and from their place of residence.
Finding: Jurisdictional reviews by County staff support the manner and
pattern of development proposed for the subject property. Development
conditions contained in the PUD document give assurance that all infi-astmcture
will be developed and be consistent with County regulations. Any inadequacies
which require supplementing the PUD document will be recommended to the
Board of County Commissioners as conditions of approval by staff and the
CCPC. Traditional locations for commercial zoning has been near major road
intersections and adjacent to commercial nodes at intersections.
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 AGIrNDA II'EIV'
facilities that are not to be provided or maintained at public expense. No./2'Zf
MAY 11 1999
16 pg.
Pro/Con: Evaluation not applicable.
Finding: Documents submitted with the application provide evidence of
unified control. The PUD document makes appropriate provisions
for continuing operation and maintenance of common areas.
3. Conformity of the proposed Planned Unit Development with the goals,
objectives and policies of the Growth Management Plan.
Pro/Con: Evaluation not applicable.
Finding: This petition has been reviewed by the appropriate staff for
compliance with the applicable elements of the County's Growth Management
Plan. The subject petition has been found consistent with the goals, objectives and
policies of the Growth Management Plan. The subject property is designated
Mixed Use Urban Residential on the Future Land Use Map to the Growth
Management Plan. As such it authorizes zoning actions aimed at allowing the land
to be used for low intensity commercial and office in~ll based on the Growth
Management Plan.
4. The internal and external compatibility of proposed uses, which conditions
may include restrictions on location of improvements, restrictions on design,
and buffering and screening requirements.
Pro/Con: Evaluation not applicable.
Finding: The PUD Master Plan has been designed to optimize internal land
use relationships through the use of various forms of open space separation.
External relationships are regulated by the Land Development Code to help
assure harmonious relationships between projects.
5. The adequacy of usable open space areas in existence and as proposed to - .v
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.
AGENDA ITEM
1
'.i 11 1999
17
Findin!~: Timing or sequence of development in light of concurrency
requirements automatically triggers the mechanism for ensuring that future LOS
degradation is not allowed or the LOS deficiency is corrected. See Finding No. 1,
also applicable for this finding.
7. The ability of the subject property and of surrounding areas to accommodate
expansion.
Pro/Con: Evaluation not applicable.
Finding: Ability, as applied in this context, implies supporting infrastructure such
as wastewater disposal systems, potable water supplies, characteristics of the
property relative to hazards, and capacity of roads, is supportive of conditions
emanating ~'om urban development. This assessment is described at length in the
staff report. Development of the subject property is timely, because supporting
infrastructure is available and deemed to be adequate.
8. Conformity with PUD regulations, or as to desirable modifications of such
regulations in the particular case, based on determination that such
modifications are justified as meeting public purposes to a degree at least
equivalent to literal application of such regulations.
Pro: Proposed development standards generally comply with those required for
the most similar conventional zoning district.
Con: None.
Finding: This finding essentially requires an evaluation of the extent to
which development standards proposed for this PUD depart ~'om development
standards that would be required for the most similar conventional zoning
district. The development standards in this PUD are similar to those standards
used for the C-1 and C-1/T zoning district.
AGEND A ITF_M
MAY 11 1999
Pg: ~3
I ORDINANCE NO. 99-
2
3
4 AN ORDINANCE AMENDING ORDINANCE NrU~MBER 91-102 THE
5 COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES
6 THE COMPREHENSIVE ZONING REGULATIONS FOR THE
7 L'NINCOREORATED AREA OF COLLIER COLq'qTY, FLORIDA BY
8 AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 9502N; BY
9 CHANGING THE ZONING CLASSIFICATION OF THE HEREIN
lo DESCRIBED REAL PROPERTY FROM "A" RURAL AGRICULTURE TO
11 "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS VANDERBILT
12 OFFICE PARK FOR PROFESSIONAL OFFICES AND LIGHT
13 COMMERCIAL USES, LOCATED ON VANDERBILT BEACH ROAD ( CR
14 862) 'A MILE WEST OF AIRPORT-PULLING ROAD (CR 31), IN SECTION
15 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
16 FLORIDA. CONSISTING OF 6.024. ACRES; AND BY PROVIDING AN
17 EFFECTIVE DATE.
18
19 WHEREAS, Donald W. Arnold, AICP of Wilson, Miller, Barton and Peek, representing Kenhey Schryver,
2 0 as Trustee for Land Trust 98101, petitioned the Board of County Comnussioners to change the zoning classification
21 of the herein described real property;
22 NOW, THEREFORE BE IT ORDAINED by the Board of County Conumssioners of Collier County,
23 Florida:
24 SECTION ONE:
2 s The zoning classification of the herein described real property located in Section 2, Township 49 South,
26 Range 25 East, Collier County, Florida, is changed from "A" Rural Agruiculture to "PUD" Planned Unit
~ 27 Development in accordance with the Vanderbilt Office Park PUD Document, artached hereto as Exhibit "A" and
28 incorporated by reference herein. The Official Zoning Atlas Map Number 9502N, as described in Ordinance
2 9 Number 91-102. the Collier County Land Development Code. is hereby amended accordingly.
3 o SECTION TWO:
31 This ordinance shall not become effective until such ttrne as the Future Land Use Element of the Growth
32 Management Plan providing for an Office and In-fill Subdistrict is found to be in compliance by the Florida
33 Department of Community Affairs (Ordinance No. 99-16).
34
35 PASSED AND DULY ADOPTED by the Board of County Comrmssioners of Collier County, Florida. this
36 day of 1999.
37
38 BOARD OF COUNTY COMMISSIONERS
39 COLLIER COUNTY, FLORIDA
40
41
42 ATTEST:
43 BY:
44 PAMELA S. MAC'KIE, Chairwoman
45 DWIGHT E. BROCK, Clerk
46
47
48
49 Approved as to Form
50 and Legal Sufficiency
52
53
54 Mat~one M. Student
55 Assistant County Attorney
,- ~ 5 6 PUD-99-02 ORDINANCE
VENETIANPLAZA
A
PLANNED UNIT DEVELOPMENT
Prepared for:
LAND TRUST 98-101.
Kenney Schryver, Trustee
686 15~h Avenue South
Naples, FL 34102
Prepared by:
WILSON, MILLER, BARTON & PEEK, INC.
3200 Bailey Lane
Suite 200
Naples, FL 34105 I~EC}EBVIEDi
EXmBIT "A" P U D 9 9- 0 2
Date Reviewed by CCPC
Date Approved by BCC
Ordinance Number
Amendments and Repeal AGENOA ITEM
MAY 11 1999
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03032-O01-000-PPUD-22755
TABLE OF CONTENTS
Statement of Compliance
Section I Property Ownership and Description
1.1. Purpose
1.2. Legal Description
1:3. Property Ownership
1.4. General Description of Property Area
1.5. Short Title
Section II Project Development Requirements
2.1. Purpose
2.2. General
2.3. Description of the PUD Master Plan and Proposed Land Uses
2.4. Related Project Plan Approval Requirements
"'-' 2.5. Sales Facilities
2.6. Amendments to PUD Document or PUD Master Plan
2.7. Common Area Maintenance
2.8. Design Guidelines and Standards
2.9. Provision of Off-site Removal of Earthen Material
Section III Office and Low Intensity Commercial
3.1. Purpose
3.2. Uses Permitted
3.3. Development Standards
AGENO A ITEM
uo.
MAY 11 1999
ii
03032-OOl-O00-PPUD-227~5
Section IV Development Commitments
4.1. Purpose
4.2. General
4.3. PUD Master Plan
4.4. Monitoring Report and Sunset Provision
4.5. Transportation
4.6. Water Management
4.7. Utilities
4.8. Engineering
4.9. Landscaping
4.10. Environmental
4.11. Accessory Structures
4.12. Signs
4.13. Polling Places
4.14. Historic/Archeological
Exhibit "A" PUD Master Plan
Exhibit "B" Legal Description
AGENDA ITEM
MAY 11 I999
STATEMENT OF COMPLIANCE
The development of this project will be in compliance with the planning goals and objectives of
Collier County as set forth in the Growth Management Plan. This compliance includes:
1. The project will consist of a maximum of 90,000 square feet of office space and low
intensity commercial uses on the 6_+ acre site. The property is located in the Urban
Mixed Use District, Urban Residential Subdistrict. The subject property qualifies for
the intended office and low intensity commercial PUD, under the Office and In-fill
Commercial Subdistrict of the Future Land Use Element. The Office and In-fill
Commercial Subdistrict is intended to allow low intensity office and commercial
development on small parcels within the Urban-Mixed Use District, where properties
are located along County arterial roadways and residential development is not
compatible or appropriate. The Future Land Use Element specifies 10 criteria that
must be met to qualify for the Office and In-fill Subdistrict. The Venetian Plaza
PUD meets each of the ten criteria specified in the Comprehensive Growth
Management Plan and is consistent with the Plan.
2. The project shall be in compliance with all applicable County regulations including
the Growth Management Plan.
3. The project will be served by a complete range of services and utilities as approved
by the County.
4. The project is compatible with adjacent land uses through the internal arrangement of
structures, the placement of land use buffers, and the proposed development standards
contained herein.
5. All final local development orders for this project are subject to the Collier County
Adequate Public Facilities, Division 3.15 of the Land Development Code.
AGi-':NDA ITEM
No.
i l 1999
mt.~mLcc~aml~
03032-4)0 1 ~ImPUD-22,?S5
SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
1.1. PURPOSE
The purpose of this Section is to set forth the location and ownership of the property, and
to describe the existing conditions of the property proposed to be developed under the
project name of Venetian Plaza.
1.2. LEGAL DESCRIPTION
The East ½ of the Northeast ~A of the Northwest ¼ of the Northeast ¼ of Section 2,
Township 49 South, Range 25 East, Collier County, Florida, consisting of 6+ acres. See
attached Legal Descriptions, Exhibit B.
1.3. PROPERTY OWNERSHIP
The subject property is currently under the equitable ownership or control of National
Association of Police Organizations, Inc. and Walnut Acres Foundation, Inc.
1.4. GENERAL DESCRIPTION OF PROPERTY AREA
A. The 6+ acre site is located approximately ¼ mile west of the intersection of Airport-
Pulling Road and Vanderbilt Beach Road in Section 2, Township 49 South, Range 25
East. The vacant property is bordered 6n the north by Vanderbilt Beach Road (CR
862), on the south by Tennis Court Lane, on the east by the Walgreens PUD, and on
the west by the Marker Lake Villas PUD.
B. The zoning classification of the subject property prior to the date of this approved
PUD Document was A, Agriculture.
C. The project site is located in Flood Zone "X" according to FIRM Map Panel No.
120067 0385 D, June 3, 1986.
1.5. PROJECT DESCRIPTION
The Venetian Plaza PUD is designed as an inter-related office and low intensity in-fill
commercial development. Buildings will be arranged in a manner which is compatible
with existing and future development and will be developed consistent wi , ii,,,Ait, iiiX~Xr~
County architectural and site design standards. No./? ~
MAY 11 1999
4/15s9-5055, w': OS,-WA.R.NOI_O Pg' '"'~1~
03032-001-000-PPUD-22755
1-2
1.6. SHORT TITLE
This Ordinance shall be known and cited as the "Venetian Plaza Planned Unit
Development Ordinance."
2-1
SECTION II
PROJECT DEVELOPMENT REQUIREMENTS
2.1. PURPOSE
The purpose of this Section is to delineate and generally describe the project plan of
development, relationships to applicable County ordinances, the respective land uses of
the tracts included in the project, as well as other project relationships.
2.2. GENERAL
Regulations for development of Venetian Plaza shall be in accordance with the
contents of this Planned Unit Development District document and other applicable
sections and pans of the Collier County Land Development Code and GroWth
Management Plan in effect at the time of development order approval. Where this
PUD Ordinance does not provide development standards, then the provisions of the
specific section of the LDC in effect at the time of issuance of any development order
that is otherwise applicable shall apply.
A. Unless otherwise noted, the definitions of all terms shall be the same as the
definitions set forth in Collier County Land Development Code in effect at the time of
building permit application.
B. All conditions imposed and all graphic material presented depicting restrictions for
the development of Venetian Plaza shall become pan of the regulations which govern
the manner in which the PUD site may be developed.
.C. Unless modified, waived or excepted by this PUD, the provisions of any other
sections of the Land Development Code, where applicable, remain in full force and
effect with respect to the development of the land which comprises this PUD.
D. Development permitted by the approval of this Petition will be subject to a
concurrency review under the provisions of Division 3.15, Adequate Public Facilities,
of the Land Development Code, at the earliest or next to occur of either final SDP
approval, final plat approval, or building permit issuance applicable to this
development.
AGENDA I]T,.M
No.
MAY 11 1999
03032~l~PP~22755 ,
2-2
2.3. DESCRIPTION OF THE PUD MASTER PLAN AND PROPOSED LAND USES
A. The PUD Master Plan, including layout of internal vehicular circulation and use of
land for the various tracts, is iljustrated graphically by Exhibit "A", PUD Master Plan.
All conditions imposed herein or as represented on Venetian Plaza Master Plan
are part of the regulations which govem the manner in which the land may be
developed. A maximum of 90,000 square feet of gross building area may be
constructed within the Venetian Plaza PUD.
B. The specific location and size of individual tracts and the assignment of square footage
or units shall be determined at the time of County development approval. Changes and
variations in building tracts, location and acreage of these uses shall be permitted at time
of County development approval to accommodate utilities, topography, vegetation, and
other site and market conditions, subject to the provisions of Section 2.7.3.5. of the
Collier County LDC.
C. In addition to the various areas and specific items shown in Exhibit "A", such
easements as necessary (utility, private, semi-public) shall be established within or
along the various tracts as may be necessary.
D. Development of the uses authorized in Section 3.2 shall not be permitted until such
time as the Future Land Use Element of the Growth Management Plan providing for
an Office and In-fill Subdistrict is found to be in compliance by the Florida
Department of Community Affairs. In the interim, uses authorized by Section 2.2.12,
Commercial Professional District (C-l) and Commercial Professional Transitional
District (C-l/T), of the Land Development Code in effect at the date of the approval
of this PUD rezone shall be permitted subject to the requirements that the gross floor
area of authorized uses shall not exceed 25,000 square feet. Land uses which are
permitted throughout the Urban Mixed Use District and permitted within the Venetian
Plaza PUD, such as churches, child care centers, and assisted living facilities are not
subject to the 25,000 square feet gross floor area restriction.
2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS
A. Prior to the recording of a Record Plat, and/or Condominium Plat for all or part
of the PUD, final plans of all required improvements shall receive approval 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.
AGENDA ITEM
MAY 11 1999
4/16/99-50551 Vet: 05I-WAKNOLD
.......
03032-~01-000-PPUD-22755
2-3
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 Division 3.2 of the Collier County Land Development Code,
and the platting laws of the State of Florida.
C. The provisions of Division 3.3 of the Collier County Land Development Code,
when applicable, shall apply to the development of all platted tracts, or parcels of
land as provided in said Division prior to the issuance of a building permit or
other development order.
D. Appropriate instruments will be provided at the time of infrastructure
improvements regarding any dedications and methods for providing perpetual
maintenance of common facilities.
2.5 SALES AND CONSTRUCTION OFFICES
Wet or dry temporary offices used for sales functions and/or construction offices and
their support facilities shall be permitted uses in conjunction with the promotion and
development of the Venetian Plaza PUD. These uses shall be subject to the
requirements of Section 2.6.33.3, Section 3.2.6.3.6 and Division 3.3 of the Collier
County Land Development Code. Construction trailers may use septic tanks or
holding tanks for waste disposal, subject to permitting under Rule 64E-6, Florida
Administrative Code, and may utilize potable or irrigation wells. Non-permanent
sales centers exceeding 120 day duration shall connect to the County sewer system if
available. If sewer service is not available, a septic system shall be required. All
permitting shall be done through the Collier County Public Health Unit.
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 2.7.3.5.
2.7 ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA
MAINTENANCE
Whenever the developer elects to create land area and/or arnenities whose ownership
and maintenance responsibility is a common interest of all of the
purchasers of property within said development in which the co o~ inte{s~S
located, that developer entity shall provide appropriate legal instruments
establishment of a Property Owners' Association whose function sh~l
4/~6/99-5o5sz vet: 0S!-WARBOLO ~
03032-001-4XIO-PPUD-22755 i
2-4
provision 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 2.2.20.3.8.
2.8 DESIGN GUIDELINES AND STANDARDS
The Venetian Plaza will feature an integrated and compatible architectural building
style. All buildings will be developed in accordance with Collier County Land
Development Code, Division 2.8, Architectural and Site Design Standards, unless
the specific building use is otherwise exempt from the provisions of said Division
2.8.
2.9 PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL
The excavation of earthen material and its stock-piling in preparation of water
management facilities or to otherwise develop water bodies is permitted. Off-site
disposal of this material is also permitted subject to the following conditions:
Excavation activities shall comply with the definition of a
"development excavation" pursuant to Section 3.5.5.1.3 of the Land
Development Code whereby off-site removal shall be limited to 10%
of the total up to a maximum of 20,000 cubic yards.
All other provisions of Division 3.5. are applicable.
3-1
SECTION III
OFFICE AND LOW INTENSITY COMMERCIAL AREAS
3.1 PURPOSE
The purpose of this Section is to identify the type of office and low intensity
commercial uses and development standards that will be applied to the areas so
designated on Exhibit "A".
3.2 USES PERMITTED
A maximum of 90,000 square feet of gross building area may be constructed within
the Venetian Plaza PUD. No building or structure or part thereo~ shall be erected,
altered or used, or land used, in whole or part, for other than the following:
Permitted uses.
1. Accounting, auditing and bookkeeping services (group 8721 ).
2. Automobile parking (group 7521 ).
3. Building Construction (groups 1521-1542 office space only).
4. Business services (groups 7311, 7313, 7322-7331, 7338, 7361, 7371, 7372,
7374-7376, 7379).
5. Child day care services (group 8351).
6. Depository institutions (groups 6011-6099, including drive-through facilities).
7. Eating Places (group 5812, not to exceed 1,700 square feet, and excluding free-
standing, fast food and/or drive-through restaurants and shall be permitted only
on the northemmost 300' of PUD as measured from the front property line)
8. Engineering, architectural, and surveying services (groups 8711-8713).
9. General Governmental Agencies (groups 9111-9199)
10. Group care facilities (category I and II, except for homeless shelters); care units,
except for homeless shelters; nursing homes; assisted living facilities and
continuing care retirement communities, all subject to section 2.6.26.
I 1. Health Clubs (groups 7991, except that such uses may not be free-standing
facilities and shall not be located on the south 400' of the PUD).
12. Health Services (groups 8011-8052, 8071-8092 except that dental and medical
labs shall be permitted as an ancillary use to offices and clinics of other health
practicioners, 8099).
13. Holding and Other Investment Offices (groups 6712-6799)
14. Home furniture and furnishings stores (groups 5712-5719)
15. Individual and family social services (group 8322 including only acti,
elderly or handicapped; adult day care centers; and day care center:, ad~t. an.d/_7,g
handicapped only).
tv.'.;,Y l{ 1999
4/16,'99-S0551 V~': 05!-WARNOLD
03032-00 i -000-PPU'D-22755
3-2
16. Insurance carriers, agents and brokers (groups 6311-6399, 6411 ).
17. Justice, Public Order, and Safety (groups 9221, 9222, 9224, 9229)
18. Legal services (group 8111 ).
19. Management and public relations services (groups 8741-8743, 8748).
20. Membership Organizations (groups 8611-8641, except fraternal lodges, bars and
restaurants for member only; groups 8651-8699)
21. Miscellaneous personal services (group 7291 ).
22. Museums and an galleries (group 8412).
23. Nondepository credit institutions (groups 6141-6163).
24. Personal services ( groups 7212,7231, 7241, 7261, except crematories, 7291 ).
25. Real estate (groups 6531-6541).
26. Veterinarian's office (group 0742, excluding outdoor kenneling).
27. Any other commercial use or professional services which is comparable in nature
with the foregoing uses including those that exclusively serve the administrative
as opposed to the operational functions of a business, and are purely associated
with activities conducted in an office.
Uses accessory to permitted uses.
1. Uses and structures that are accessory and incidental to the uses permitted.
2. Caretaker's residence, subject to Section 2.6.16.
3.3 DEVELOPMENT STANDARDS
The following development standards shall apply to all permitted and accessory uses.
1. Minimum Yard Requirements:
Front: Equal to building height, with minimum of 35 feet
Side: 25 feet for structures up to two (2) stories in height and 35 feet for
structures exceeding two (2) stories, except that yards adjacent to
the eastern property line of the PUD may be 15 feet.
Rear: 45 feet from centerline of Tennis Court Lane
2. Minimum Lot Area: 10,000 SF
3. Minimum Lot Width: 100 feet
4. Maximum Bldg. Height: Three (3) stories, not to exceed 45 feet,
except that no building constructed within
200 feet of the southerly property line shall
~ exceed 35 feet in height, which will
accommodate a 2-story building ~t1' .
pitched roof. ~ . EUOA Im~
5. Minimum Floor Area: 1 000 square feet for principal s ctures' ./Td
6. Building Separation: Fifteen Feet M v { { 1999
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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 strict 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, DivisiOn
3.2, shall apply to this project even if the land within the PUD is not to be platted.
The developer, his successor and assigns shall be responsible for the commitments
outlined in this document.
The developer, his successor or assignee shall follow the Master Plan and the
regulations of the PUD as adopted, and any other conditions or modifications as may
be agreed to in the rezoning of the property. In addition, any successor or assignee
in title is also subject to any commitments within this agreement.
4.3. PUD MASTER PLAN
A. Exhibit "A" PUD Master Plan, iljustrates the proposed development and is
conceptual in nature. Proposed tract, lot or land use boundaries or special land
use boundaries shall not be construed to be final and may be varied at any
subsequent approval phase such as final platting or site development plan
application. Subject to the provisions of Section 2.7.3.5 of the Land
Development Code, amendments may be made fi'om 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 in the project.
4.4. MONITORING REPORT AND SUNSET PROVISION
A. The Venetian Plaza PUD shall be subject to the Sunset Provisions of Section
2.7.3.4 oft he Land Development Code.
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B. An annual monitoring report shall be submitted pursuant to Section 2.7.3.6. of
the Collier County Land Development Code.
4.5. TRANSPORTATION
A. Primary site access shall be from Vanderbilt Beach Road and shall be consistent
with the County's Access Management Policy, Resolution 92-422, as amended.
No permanent project ingress/egress shall be permitted to Tennis Court Lane.
B. Access points shall be coordinated with the adjacent development to the east,
such that future traffic signalization may be accommodated. Should the traffic
signal identified on the Collier County Access Management Plan be located at
the project's eastern property boundary and serve as a project access, the
applicant, or successor in title, shall be responsible for a fair share contribution
toward the cost of this signal.
--- C. The developer shall be responsible for the installation of arterial level street
lighting at all project entrances prior to the issuance of certificates of occupancy,
exclusive of the model center.
D. Road impact fees shall be paid in accordance with Ordinance 92-22, as amended,
and shall be paid at the time building permits are issued unless otherwise
approved by the Board of County Commissioners.
E. The developer commits to provide for an interconnection to the parcel to the east
(Walgreens PUD) in order to facilitate biodirectional traffic movements between
the two projects. Such movements may be accommodated through a joint access
point to Vanderbilt Beach Road, through a cross access easement on both
properties, or by some other appropriate means. Said commitment is subject to a
similar commitment from Walgreens PUD, and is further subject to negotiation
of any applicable fair share contribution. Nothing in this commitment shall
restrict the right of Venetian Plaza PUD to obtain access to Vanderbilt Beach
Road.
4.6. WATER MANAGEMENT
The development of this PUD Master Plan shall be subject to and govemed by the
-.-- following conditions:
A. In accordance with the rules of the South Florida Water Management Di~'~iiTEM
(SFWMD), Chapter 40E-4 and 40E-40, this project shall be designed for
event of a 3-day duration and 25-year return frequency. ! '..',':' I 1 1999
~oss s w: os,-w~ot~
03032-001-~O-PPUD-22755
4-3
B. Drainage outfall shall be designed for discharge to the Airport Road Canal,
unless an alternate outfall is approved by Collier County or the South Florida
Water Management District.
4.7. UTILITIES
The development of this PUD Master Plan shall be subject to and govemed by the
following conditions:
A. Water distribution, sewage collection and transmission systems shall be
constructed throughout the project by the developer at no cost to Collier County
and the State of Florida. Potable water and sanitary sewer facilities constructed
within platted rights-of-way or within dedicated County utility easements,
required by the County, shall be conveyed to the County for ownership,
operation and maintenance pursuant to Collier County Ordinance No. 97-17, as
amended and all State and Federal regulations and adopted policies in effect at
the time of conveyance. All potable water and sanitary sewer facilities
constructed on private property and not required by the County to be located
within County utility easements shall be owned, operated and maintained by the
developer, his assigns or successors.
B. All customers connecting to the potable water distribution system shall be
customers of the County and shall be billed by the County in accordance with the
County's established rates.
C. Collier County shall assume ownership and maintenance responsibility for any
lift station required to serve the Venetian Plaza, should such lift station also be
designed to serve adjacent site(s).
4.8. ENGINEERING
A. Design and construction of all improvements shall be subject to compliance with
the appropriate provisions of the Collier County Land Development Code,
Division 3.2.
B. Work within Collier County right-of-way shall meet the requirements of the
Collier County Right-of-Way Ordinance No. 93-64.
4.9 LANDSCAPING AGE:NDA ITEM
no. /7Z~
A. All required landscape buffers shall be in accordance with Section Z.4.7.4. ot me
Collier County Land Development Code. ,AY { { 1999
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4-4
B. A 20 feet wide, Type B landscape buffer in accordance with Section 2.4.7.4 of
the Collier County Land Development Code shall be required along the southern
boundary of the Venetian Plaza PUD.
4.10. ENVIRONMENTAL
The developer shall be required to remove all prohibited exotic vegetation on site
and to prevent reinvasion of prohibited exotic vegetation by maintaining the site
exotic-free in perpetuity.
4.11. ACCESSORY STRUCTURES
Accessory structures shall be constructed simultaneously with or following the
construction of the principal structure(s). Temporary offices to be used for sales
functions and/or construction offices may be constructed prior to the construction of
principal structures.
4.12. SIGNS
All signs shall be in accordance with Division 2.5 and Division 2.8 of the Land
Development Code, except as identified herein.
4.13. POLLING PLACES
Pursuant to Section 2.6.30 of the Land Development Code, provisions shall be made
for the future use of building space within common areas for the purposes of
accommodating the function of an electoral polling place.
An agreement shall be recorded in the official records of the Clerk of the Circuit
Court of Collier County, which shall provide for a public building/public room or
similar common facility to be used for a polling place if determined to be necessary
by the Supervisor of Elections. This agreement shall be binding upon any and all
successors in interest that acquire ownership of such common areas including, but
not limited to, condominium associations, property owners' associations, or tenants'
associations.
AGENOA ITF..M
MAY 11 1999
LD
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4-5
4.14. HISTORICAL/ARCHAEOLOGICAL
The subject property is located outside an area of historic/archeological probability
and therefore is granted a waiver pursuant to Section 2.2.25.3.10 of the Collier
County Land Development Code. If during the course of site clearing, excavation
or other construction activity, a historic or archaeological artifact or indicator is
found, the developer shall invoke procedures as established in Section 2.2.25.8.1 of
the Collier County Land Development Code.
AGENDA iTEM
MAY 11 1999
4116199.50551 Vet: 05~-WARNOLD p~.
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LL!
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~A¥ 11 1999
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EXHIBIT B
Legal Description for approximately 4-acre parcel owned by National Association of Police
Organizations, Inc.
West 2/3 of the East 1/2 of the Northeast 1/4 of the Northwest 1/4 of the Northeast
1/4 in Section 2, Township 49 South, Range 25 East, Collier County, Florida.
and
Legal Description for approximately 2-acre parcel owned by Walnut Acres Foundation, Inc.
West 1/3 of the East 1/2 of the Northeast 1/4 of the Northwest 1/4 of the Northeast
1/4 in Section 2, Township 49 South, Range 25 East, Collier County, Florida.
AGENDA ITEM
MAY 11 1999
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/""- EXECUTIVE SUMMARY
PETITION P UD-98-21, DAVID H. FARMER, OF COASTAL ENGINEERING, INC.,
REPRESENTING THE CLUB ESTATES, L.C., REQUESTING A REZONE FROM
"PUD" TO "PUD" PLANNED UNIT DEVELOPMENT IN ORDER TO MERGE THE
CLUB ESTATES PUD (ORDINANCE 97-69) AND THE CASA DEL SOL PUD
(ORDINANCE 89-70) TO CREATE A NEW PUD KNOWN AS THE CLUB
ESTATES PUD FOR PROPERTY LOCATED ON THE WEST SIDE OF C.R. 951
APPROXIMATELY ONE MILE NORTH OF RATTLESNAKE HAMMOCK ROAD,
IN SECTION 10, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA, CONSISTING OF 254.7 + ACRES.
OBJECTIVE:
This petitioner desires to combine two existing Planned Unit Developments (PUD), the
Club Estates and Casa Del Sol, into a singular, residential development that will have a
unified Master Plan to be known as The Club Estates PUD. If approved, the new PUD
will encompass a land area of approximately 255+ acres of which 79.7 acres will be
designated for single family lots on the Master Plan. The residential area will allow 49
single family dwelling units at a gross project density of 0. 19 dwelling units per acre. In
addition, the Master Plan provides for 108.5 acres of conservation area, 48.2 acres of
lakes and conservation area, and a 0.9 acre common area with tennis courts.
CONSIDERATIONS:
The property is located on the west side of CR-951 approximately one mile north of
Rattlesnake Hammock Road (CR-864). The subject property is currently zoned as two
separate residential PUD projects allowing for residential land uses and a common area
with tennis courts. The surrounding zoning is mostly PUD containing similar or higher
density development as that proposed for the Club Estates.
The existing Club Estates PUD was approved in 1997 and the Casa Del Sol PUD was
approved in 1989. Both are deemed to be consistent with the Future Land Use Element
(FLUE) of the Growth Management Plan (GMP). The Casa Del Sol PUD was split in
1998 and the 140oacre southern portion of that site was combined with the Naples Forest
Country Club PUD approved in 1998. The remaining 99-acres of the Casa Dei Sol PUD
is proposed to be combined with the 154-acre Club Estates. The Club Estates is already
under construction having infrastructure in place, including roads, lakes, an eight-foot
privacy wall, and a guard house. The primary access to the various development tracts
within the PUD is from an internal road connecting with CR-951. The addition of the
former Casa Del Sol remnant will utilize this access, thus eliminating a future access
point on CR-951.
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MAY l l 1999
Pn. /
PROS/CONS:
Pros
The proposed rezoning of the site to combine the two PUDs is appropriate based on the
existing conditions of the property and because its relationship to the FLUE (Future Land
Use Element of the Growth Management Plan) is a positive one. Furthermore, the
combination of the Club Estates and the remnant of the Casa Del Sol PUDs is a positive
step in developing these properties. The proposed PUD will help to eliminate future
access points and uncoordinated and disjointed development along CR-951. The resulting
development will result in decreased density and traffic impacts, more conservation area
and open space, and will create a 120-foot-wide right-of-way reservation to be used for a
future east-west connector road between CR-951 and County Barn Road.
Cons
None.
FISCAL IMPACT:
The Club Estates PUD is a single family project. At build out, based upon authorized uses
and planned intensity of development, the following revenue is estimated.
Impact Fees
Park Impact Fee: $578.00 per unit x 49 du's = $ 28,322.00
Library Impact Fee: $180.52 per unit x 49 du's = 8,845.48
Fire Impact Fee: $0.15 per Sq. Ft. of bldg. area
@ 3,000 SF x 0.15 = 450.00
School Impact Fee: $1,778.00 per unit x 49 du's = 87,122.00
Road Impact Fee: $1,379.00 per unit x 49 du's = 67,571.00
Radon Impact Fee: $.005 per Sq. Ft. of bldg. area
~ .005 x 3000 = 15.00
EMS Impact Fee: $14.00 per unit x 49 = 686.00
Bldg. Code Adm.: $0.005 per Sq. Ft. of bldg. area
~ .005 x 3000 = 15.00
Micro Film Surcharge: $2.00 per unit x 49 = 98.00
TOTAL IMPACT FEES $193,124.48
The average size if the proposed dwelling units is 3,000 square feet. This project will
provide 49 dwelling units of this size, therefore, the estimated total amount of in
collected at build out will total $193, 124.48+. this is a raw estimate based on lrrerl4o._
impact fees and proposed dwelling units.
MAY 11 1999
In addition to the impact fees described, there are building permit review fees and utility
fees associated with County water and sewer connections. Building permit fees have
traditionally off-set the cost of administering the community development review
process, whereas, utility fees are based on their proportionate share of impact to County
utilities.
Finally, additional revenue is generated by ad valorum taxes. The mount of revenue
generated by the ad valorum tax depends on the value of the improvements. At this time,
staff has not developed a method to arrive at a reasonable estimate of tax revenue based
on ad valorum tax rates.
The above discussion deals with revenue streams. Keep in mind, any discussion of fiscal
impact analysis is incomplete without an estimate of costs that will be generated by a
particular land development project. But, at this time, staff has not developed a method
by ~vhich to estimate the cost of a particular land development project. Such a model, in
our opinion, would be misleading because there is no certain way, with respect to housing
projects, to determine their value and likelihood that not all of the authorized
development will occur.
Regardless of a lack ofmethodologies to determine all of the fiscal impacts of a land
development project, development still has concurrency relationships or limitations.
When levels of services (LOS) fall below County adopted standards, a mechanism is in
place that would require that building activities would cease until such a time as
additional facilities are provided for by the developer or made available by the County.
Certain LOS standards also would require a countywide concurrency determination
versus an area or local determination such as for roads. The proposed Club Estates PUD
will not cause County LOS to be exceeded.
GROWTH MANAGEMENT IMPACT:
The approval of this rezoning request is deemed consistent with the requirements of the
Collier County Growth Management Plan. A project deemed consistent is considered to
have no negative impacts on the objectives and policies of the GMP.
HISTORICAL/ARCHAEOLOGICAL IMPACT:
Staffs analysis indicates that the petitioner's property does contain some small areas of
historical and archaeological probability as referenced on the official Collier County
Probability Map, therefore, an Historical and Archaeological Survey and Assessment or
waiver from this requirement was required at the time of the existing PUD approvals. The
most probable area for an historical or archaeological site to be found is located in the
108.5 acre conservation area. Since the State Division of Historic Resources indicates that
they have no record of historical or archaeological sites occurring on the proje~ _~lt~,Kl~l~lOA I'ITr_M
since there is such a low potential for archaeological sites being discovere or~~
property, staff is requiring that the provision outlined in the Land Developn ,'nt Code
HAY 11 1999
(LDC) be followed. Section 2.2.25.8.1 of the LDC requires the following: If during the
course of site clearing, excavation or other construction activity an historical 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.
PLANNING COMMISSION RECOMMENDATION:
At the March 18, 1999 meeting of the Collier County Planning Commission, the
Commission voted unanimously to recommend that the Board of County Commissioners
approve Petition PUD-98-21 as described by the Ordinance of Adoption and master Plan
and subject to the conditions of approval incorporated into the PUD Document.
PREPARED BY:
REVIEWED BY;
RONALB"F. N O; ICP DATE
C~NT PLA~G MANAGER
ROBERT J. MULHERE, AICP DATE
PLANNING SERVICES DEPARTMENT DIRECTOR
APPROYED BY:
VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE AaEhDA IWr. M
COMMUNITY DEV. AND ENVIRONMENTAL SVCS.
MAY 11 1999
Petition PUD~98-21 The Club Estates PET]:) rezone.
Scheduled for the April 13, 1999 Board of County Commissioners' meeting. P~"
Continued to the April 2'7, 1999 Board of County Commissioners' meeting.
MEMORANDUM
TO: COLLIER COUNTY PLANNING COMMISSION
FROM: COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES
DATE: FEBRUARY 2, 1999
RE: PETITION NO: PUD-98o21, THE CLUB ESTATES PUD
OWNER/AGENT:
Agent: Mr. David Farmer
Coastal Engineering Consultants, Inc.
106 S. Horseshoe Drive
Naples, Florida 34104
Owner: The Club Estates, L.C.
Charles V. Benton, Principal
4141 Isle of Capri Road
Naples, Florida 34114
REQUESTED ACTION:
This petition seeks to have the herein described land rezoned from its current classification of "PUD"
(The Club Estates and Casa Del Sol) to "PUD" Planned Unit Development to be known as The Club
Estates PUD for a residential, single family detached development.
GEOGRAPHIC LOCATION:
The property is located on the west side of Isle of Capri Road (CR-951) in Sections 10 and 15,
Township 50 South, Range 26 East (See location map on following page).
PURPOSE/DESCRIPTION OF PROJECT:
The applicant is requesting to combine the two above referenced PUD Documents and combine them
into a singular development that will have a unified Master Plan and PUD document. If approved, the
new PUD will encompass a land area of approximately 254.6 acres of which 79.7 acres have been
designated for single family lots on the Master Plan. The residential area will allow 49 single family
dwelling units at a gross project density of 0.19 dwelling units per acre. In addition, h~IX~i~
provides for a 108.5 acre conservation area, a 48.2 acre lakes and conservation area, ~ndl~o0.9 acre L7
common area with tennis courts. The remaining land area is comprised of 17.3 acres f righi-o"o"~-way
},',AY 11 1999
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and a turn lane. Landscape buffering and development standards will meet or exceed all requirements
of the Land Development Code.
It should also be mentioned here that the existing Club Estates is already under construction having
infrastructure in place, including roads, lakes, an eight-foot privacy wall, and a guard house as shown
on previously approved construction plans. The primary access to the various development tracts
within the PUD is from an internal right-of-way connecting with CR-951. The addition of the former
Casa Del Sol remnant will utilize this access, thus eliminating a future access point on CR-951.
SURROUNDING LAND USE AND ZONING:
Existing: The property is partially developed and cleared, and is zoned "PUD".
Surrounding: North - To the north is the 320 acre Naples National Golf Club PUD (PUD-92-3). The
portion abutting the Club Estates noah property line is a golf course. The
approved residential density for this PUD is .075 units per acre, and there are
24 total units and a clubhouse on five acres.
East - To the east is CR-951 and undeveloped property zoned RSF-3, RSF-4, RMF-
6 and Agricultural.
South - To the south is Naples Forest Country Club PUD (PUD-97-16), approved in
1998. The approved residential density for this PUD is 1.67 units per acre.
This PUD will have 785 dwelling units on 110 acres at build out. The PUD
also contains an 18 hole golf course and commercial center.
West- The Naples Heritage Golf and Country Club PUD and Shadowwood
PUD/Wing Park South Air Park are located to the west. The Shadowwood
PUD will have a density of 3.6 du/ac at build out and contains a nine hole golf
course and 558 units on 117 acres. The Wing South Air Park is mostly
commercial and has an airstrip, which runs north to south along the Club
Estates PUD west property line. This area is buffered by proposed 108.5 acre
Conservation Area that is designated within the Club Estates PUD as shown
on the Master Plan.
GROWTH MANAGEMENT PLAN CONSISTENCY:
The subject property is presently zoned as two separate residential PUD projects allowing for
residential land uses and a common area with tennis courts. The existing The Club Estates PUD was
approved in 1997 and is deemed to be consistent with the Future Land Use Element (FLUE). The
Casa Del Sol PUD was approved in 1989 and is also deemed consistent with the current Growth
Management Plan (GMP). A review of the consistency relationships of the proposed amendment
with elements of the GMP is as follows:
e D' ACsENDA IYEM
designated on the Future Land Use Map of the GMP. l his area is limited to a maximt m d
three dwelling units per acre (four with secondary access). This project is not eligible for any density
bonus provision of the Density Rating System. Since the proposed project density is 0.19 units per
acre, this petition is deemed consistent with the density rating system as set forth in the Future Land
Use Element of the GMP.
In addition, both existing PUD's were found consistent with the FLUE of the GMP. Since both
PUD's are now being combined into one PUD document, and no new impacts are identified or
created, the new PUD must be deemed consistent with the FLUE of the GMP.
Traffic Circulation Element - The proposed addition of Casa Del Sol to the Club Estates PUD will
add 21 more units to the Club Estates PUD, which is currently approved for 28 units on 155 acres.
The additional 21 units will bring the total to 49 units on 254.6 acres. The Traffic Impact Statement
estimates that the additional 21 units will generate approximately 200 average daily trips more than
the currently approved Club Estates PUD. However, based on the existing approval for Casa Del Sol,
this represents a reduction of 1,256 trips per day from the amount of trips that could be generated if
the Casa Del Sol PUD were developed with 250 townhouse units. Based on this data, the site
generated traffic from the proposed change will not exceed the significance test standard (5% of the
LOS "C" design volume) on CR-951 after trip assignments are made. As a result, the proposed
project will not lower the level of service below the adopted LOS "D" standard within the project's
radius of development influence (RDI). It should be noted that the current traffic count for the four-
lane segment of CR-951 fronting the proposed project is 21,397 PSDT and it is operating at a LOS of
"B". This portion of the CR-951 arterial is not projected to be deficient within the next five years.
Given this analysis, the project is consistent with Policy 5.1 and 5.2 of the Traffic Circulation
Element (TCE).
The access to the proposed PUD is via a loop road connecting to CR-951. There is clear sight
distance at the access point and the ingress/egress should function adequately. Therefore, this petition
is consistent with Policy 7.3 of the Traffic Ci~:culation Element.
It should be noted that the petitioner has provided for a 120-foot right-of-way reservation along the
south property line for a future east-west connector road between CR-951 and County Bam. At this
time, no interconnection of intemal project roads to the proposed east-west connector road are
plam~ed.
Open Space Element - Acreage designated as conservation totals 108.5 acres while 48.2 acres have
been designated for lakes with a conservation buffer. Open space exceeds the 60 percent open space
requirements of Section 2.6.32.2 of the Land Development Code.-As a result, the proposed
conservation and open space plan is consistent with the Conservation and Open Space Elements of
the GMP.
Other Applicable Element(s) - These include utilities and water management. Development of the
land will proceed on the basis of connection to the County's sewer and water distribution system.
Once these utility lines are completed in accordance with County standards, they will be conveyed to
Collier County as required by County Ordinances. Water management facilities will be constructed to
meet County Ordinances and these will be reviewed and approved as a prerequisit~
subsequent development order approvals. The above prescribed course of action make~ thisyr~.t~;~
No. /
consistent with this element of the GMP.
MAY 11 1999
HISTORICAL/ARCHAEOLOGICAL IMPACT:
"' Staff's analysis indicates that the petitioner's property does contain some small areas of historical and
archaeological probability as referenced on the official Collier County Probability Map, therefore, an
Historical/Archaeological Survey and Assessment or waiver from this requirement was required at
the time of the existing PUD approvals. The most probable area for an historical or archaeological
site to be found is located in the 108.5 acre conservation area. Since the State Division of Historic
Resources indicates that they have no record of historic or archaeological sites occurring on the
project site, and since there is such a low potential for archaeological sites being discovered on this
property, staff is requiring that the provision outlined in the Land Development Code (LDC) be
followed. Section 2.2.25.8.1 of the LDC requires the following: If during the course of site clearing,
excavation or other construction activity an historic or archaeological artifact is found, all
development within the minimum area necessary to protect the discovery shall be immediately
stopped and the Collier County Code Enforcement Department contacted.
EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE:
The subject petition has been reviewed by the appropriate staff responsible for oversight related to the
above referenced areas of concern. This primarily includes a review by the Community
Development and Environmental Services Division Staff and the Transportation Department Staff.
The petition was presented to the Environmental Advisory Board (EAB) and was recommended with
minor stipulations that were included in the PUD Document.
ANALYSIS:
Staff completed a comprehensive evaluation of this land use petition and the criteria on which a
favorable determination must be based. This evaluation is intended to provide an objective,
comprehensive overview of the impact of the proposed land use change, be they positive or negative,
cuhninating in a staff recommendation based on that comprehensive overview. The listed criteria are
specifically noted in Section 2.7.2.5 and Section 2.7.3.2.5 of the Land Development Code thus
requiring staff evaluation and comment, and shall be used as the basis for a recommendation of
approval or denial by the Planning Commission to the BCC. Each of the potential impacts or
considerations identified during the staff review are listed under each of the criterion noted and are
categorized as either pro or con, whichever the case may be, in the opinion of staff. Staff review of
each of the criterion is followed by a summary conclusion culminating in a determination of
compliance, non-compliance, or compliance with mitigation. These evaluations are completed as
separate documents and are attached to the staff report as Exhibit "A" and Exhibit "B".
In addition, appropriate evaluation of petitions for rezoning should establish a factual basis for
supportive action by appointed and elected decision makers. The evaluation by professional staff
should typically include an analysis of the petition's relationship to the community's future land use
plan, and whether or not a rezoning action would be consistent with the Collier County GMP in all of
its related elements. Other evaluation considerations should include an assessment c ~ aclequ~c.y of
transportation infrastructure, other infrastructure, and compatibility with adjacent lan
relate to both the rezoning action and the long range plan for future land uses. Sub,,
analysis, Staff advises the following: MAY 11 1999
4
Relationship to Future and Existing Land Uses: This provides for a discussion of the relationship
of the proposed zoning action to the Future Land Use Element of the Growth Management Plan as it
applies specifically to Collier County's legal basis for land use planning. Included as part of this
analysis should be a consideration of the existing and historical zoning and land use changes in this
area. An overview of the historical land use follows:
In 1989, the area to the south of the existing The Club Estates PUD was rezoned to PUD known
as Casa Del Sol. This was divided in 1998 and the south portion of Casa Del Sol was rezoned
along with additional undeveloped property of Section 15 to create the Naples Forest Country
Club PUD. The remainder of Casa Del Sol remained a PUD because it was not repealed at that
time. That portion is the addition to The Club Estates PUD being considered here. The Naples
Forest Country Club PUD encompasses approximately 485 acres within an Urban Mixed Use
District as identified in the FLUE of the GMP. That PUD is currently undeveloped but will have
a density of 1.67 units per acre and will contain 20,000 square foot lots, a private golf course, and
a 15-acre commercial center located at Rattlesnake hammock and CR-951.
North of the proposed Club Estates is Naples National Golf Club PUD, which encompasses 320
acres of property. The PUD contains a 62 acre golf course, clubhouse, and 24 guest suites. Most
of the golf course abuts the noah property line of The Club Estates PUD. The PUD has a density
of .075 units per acre.
· Property to the west and northwest includes Naples Heritage Golf and Country Club PUD
(referred to as Naples Heritage) and Shadowwood PUD/Wing South Air Park (referred to as
Shadowwood). The Naples Heritage PUD added the Shamrock Country Club in 1995, expanding
the development to 558 acres, including 799 dwelling units and an 18-hole golf course. This
created a more unified development in the area. Naples heritage PUD has a density of 1.43 units
per acre. The Shadow-Wood PUD was created in 1982 from the Wing South Air park that was
initiated in the 1970's. The Shadowwood PUD continued that development, built around the air
park theme, 569 dwelling units on 168 acres and includes single family, multi-family and
condominiums, commercial development, a nine hole golf course, and an airstrip. The airstrip is
located along the abutting west property line of the proposed The Club Estates PUD. The western
portion of The Club Estates is composed of a 108.5 acre conservation area, which serves as an
adequate buffering between the air park runway and the residential units of The Club Estates.
The currently approved Club Estates and the Casa Del Sol PUDs have been deemed compatible with
the adjacent land uses as discussed above. The proposed petition to combine these two projects will
not create any new or substantial impacts to nearby and adjacent land uses. The combination will
decrease the total number of dwelling units that could have been built under the existing PUDs and it
will eliminate the need for additional access onto CR-951.
With respect to the matter of compatibility with the FLUE, this is an evaluation whose primary focus
is similarity of land use and relationship to adjacent land uses. In the case at hand, and based upon
the Future Land Use Plan, we have an expectation that the land will be used and developed for those
land uses authorized within the existing PUD projects. The proposed PUD E
similar land use as approved in two original PUDs. The PUD proposes a single f'ami~ resi~e l~ibL
development with lakes, conservation areas, and tennis courts. The development will alto %vell
MAY 11 1999
F'~o ,////'
under the three dwelling units per acre densities that are allowed in the Urban Residential Mixed Use
District as identified in the FLUE of the GMP.
The transition of the area from Davis Blvd. to Rattlesnake Hammock Road has clearly transitioned
from higher residential densities and smaller lot sizes such as found in RMF-10 and RSF-4 zoning
districts (2.7 du/ac in this case), to lower urban residential densities and lot sizes as found in the
surrounding PUDs. This transition to lower densities in this area is compatible with the Future Land
Use Map and FLUE Policies of the GMP.
Furthermore, with respect to the matter of compatibility, the subject PUD is similar to other approved
Planned Unit Developments in this area and work has already begun on the existing Club Estates.
That work includes infrastructure, a guard house, and a gated access road.
Traffic - The primary vehicular access point is from CR-951 a four lane divided highway. In view of
the adequate depth and sight distance on this road segment, the access point should operate with an
acceptable level of safety and is subject to the Access Management Plan. The GMP consistency
review states that approval of this petition is consistent with policies of the TCE.
Utility Infrastructure - Both County sanitary sewer and water supply are available to the property and
will be extended as a consequence of future development. All development must comply with
surface water management requirements invoked at the time of site development plan approval as the
case will be for development of this land.
Community Infrastructure and Services - The subject property is readily accessible to a whole range
of community infrastructure which is enhanced by its location between activity centers at Rattlesnake
Hammock Road and CR-951 and at 1-75/Davis Road/CR-951. Shopping centers, business offices
and medical offices of various specialties, and schools are all within a short driving distance. Urban
development is underway in the area surrounding this PUD, which is an indicator of its timeliness for
development.
STAFF RECOIXlMENDATION:
That the Collier County Planning Commission (CCPC) recommend approval of Petition PUD-98-21,
The Club Estates PUD Document and Master Plan subject to the conditions of approval that have
been incorporated into the PUD Document.
AGF. NDA I]'EM '
Nc~~
MAY 11 1999
6
PS./ 2
PREP D BY:
' ~NALD 1~ l~'d,~CP, MANAGER DA~
~~ PLUG SE~ON
ROBE R DA~
. CAIRO, M~, ~~S~TOR DA~
CO~ DEV. ~ E~O~~ SVCS.
Staff Report for March 18, 1999 CCPC meeting.
C~G COMMISSION:
MIC/t~EL~'~I~'~6 CHAIRMAN
RTD
PUD-988-2 I/STAFF JM
AGENDA ITEM
No,
NAY 11 1999
FINDINGS FOR PUD
PUD-98-21
Section 2.7.3.2.5 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 !and, surrounding areas, traffic and access,
drainage, sewer, water, and other utilities.
Pro: (i) Intensifying land development patterns produces economics of scale relative
to public utilities, facilities and services, which are currently available in this
area.
(ii) The subject property is served by a network of arterial roads, all within the
urbanized area facilitating access to a variety of community services and
facilities.
(iii) The surrounding properties are developing with similar types of residential
units.
(iv) One access point from CR-951 will minimize potential traffic conflicts that
would occur if two access points were developed as authorized for the two
existing PUDs.
Con: (i) Existing residents often perceive a mixed use residential and commercial
intensification near their neighborhood as contributing factors to
inconveniencing traffic movements to and from their place of residence,
increasing noise and pollution, and reducing property values.
FindinE: Jurisdictional reviews by County staff support the manner and pattern of
development proposed for the subject property. Development conditions contained in the
PUD document give insurance that all infrastructure will be developed and be consistent
with County regulations. Any inadequacies that require supplementing the PUD
document will be recommended to the Board of County Commissioners as conditions of
approval by staff. Recommended mitigation measures will ensure compliance with Level
of Service relationships as prescribed by the Growth Management plan.
A~.~DA
Exhibit "A" MAY 11 1999
2. Adequacy of evidence of unified control and suitability of any proposed agreements,
contract, or other instruments, or for amendments in those proposed, particularly
as they may relate to arrangements or provisions to be made for the continuing
operation and maintenance of such areas and facilities that are not to be provided or
maintained at public expense.
Pro/Con: Evaluation not applicable.
Finding: Documents submitted with the application provide evidence of unified control.
The PUD document makes appropriate provisions for continuing operation and
maintenance of common areas.
3. Conformit)' of the proposed Planned Unit Development with the goals, objectives
and policies of the Growth Management Plan.
Pro: (i) The development strategy for the subject property is entirely consistent with
the goals, objectives and policies of the Growth Management Plan.
Con: 6) None.
Findine: The subject petition has been found consistent with the goals, objectives and
policies of the Growth Management Plan. A review of consistency relationships with
elements of the GMP is as follows;
Future Land Use Element - The subject site is located within the Urban (Urban - Mixed
Use District) on the Future Land Use Map of the GMP. This area is limited to a
maximum density of four dwelling units per acre. Therefore, this project is not eligible
for any density bonus provisions of the Density Rating System. Furthermore, the failure
to provide an intercom~ection of local streets with adjacent properties could potentially
result in a reduction of one dwelling unit per acre by the BCC. As a result, the project is
eligible for a density of three units per acre if the BCC determines that an interconnection
to the adjacent properties is feasible. Since, the proposed project density is 0. 19 units per
acre, this petition is deemed consistent with the density ratihg system as setforth in the
Future Land Use Element of the Growth Management Plan.
4. The internal and external compatibility of proposed uses, which conditions may
include restrictions on location of improvements, restrictions on design, and
buffering and screening requirements.
Pro: The PUD has been designed to optimize internal land use relation; ,',i-a 'I .... ·
open space separation thereby protecting sensitive areas an ld~'~.e~(nng. tr~E'
residences both internally and externally.
HAY 11 1999
2
Con: None.
Finding: The PUD Master Plan has been designed to optimize internal land use
relationship through the use of various forms of open space separation. Additionally,
external relationships are automatically regulated by the Land Development Code to
ensure harmonious relationships between projects.
5. The adequacy of usable open space areas in existence and as proposed to serve the
development.
Pro/Con: Evaluation not applicable.
Summary Finding: The amount of open space set aside by this project is greater than
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.
Summary Finding: Timing or sequence of development in light of concurrency
requirements is not a significant problem. Some improvements are already in place due to
the development activity within the existing Club Estates PUD.
7. The ability of the subject propert3' and of surrounding areas to accommodate
expansion.
Pro: This petition seeks to fezone the existing Club Estates and Casa Del Sol PUDs
to combine them into a singular development. The combining of the remaining
remnant of the C asa Del Sol PUD seems to be a logical step in the development
of these properties and further reduces the need for additional access points
which might otherwise impede ser,,'ice on CR-951.
Con: None.
Summary Findine: Ability, as applied in this context, implies supporting infrastructure
such as wastewater disposal system, potable water supplies, characteristics of the
property relative to hazards, and capacity of roads, is supportive of conditions emanating
from urban development. This assessment is described at length in the staff report
adopted by the CCPC. Relative to this petition, development of the subject property is
timely, because supporting infrastructure is available. AGENOA ~rr.M
.o./7
MAY 11 1999
8. Conformity with PUD regulations, or as to desirable modifications of such
regulations in the particular case, based on determination that such modifications
are justified as meeting public purposes to a degree at least equivalent to literal
application of such regulations.
Pro/Con: Evaluation not applicable.
Summary Finding: This finding essentially requires an evaluation of the extent to
which development standards proposed for this PUD depart from development standards
that would be required for the most similar conventional zoning district. The development
standards in this PUD are similar to those standards used for the particular housing
structures and associated requirements.
FINDINGS FOR PUD-98-21/DJM
so./7
MAY 11 1999
p~./,'~'
REZONE FINDINGS
PETITION PUD-98-21
Section 2.7.2.5. of the Collier County Land Development Code requires that the report and
recommendations of the Planning Commission to the Board of County Commissioners shall
show that the Planning Commission has studied and considered the proposed change in relation
to the following, where applicable:
1. Whether the proposed change will be consistent with the goals, objectives & policies
of the Future Land Use Map and the elements of the Growth Management Plan.
Pro:
i. The subject property is located within the Urban (Urban - Mixed Use District, Urban
Residential Subdistrict) that allows for a maximum density of 4 units per acre.
ii. Development Orders deemed consistent with all applicable elements of the FLUE of
the GMP should be considered a positive relationship.
Con: None
Summary Findings: The proposed development is in compliance with the Future Land
Use Element of the Growth Management Plan. The uses permitted within this PUD are
consistent with the currently approved uses. This petition is also consistent with Policy
5.1 of the FLUE to the GMP.
2. The existing land use pattern;
Pro: A more detailed study is contained in the staff report.
Con: None
Summary Findings: The subject property is currently partially undeveloped, partially
cleared, and is zoned "PUD". To the north is golf course zoned "PUD". The greater
portion of that land remains in its natural state and the use is limited to an eighteen hole
golf course and ancillary and accessory golf course recreational uses. The approved
residential density for this PUD is .075 units per acre. To the east is CR-951 and
undeveloped properties that are zoned RSF-3, RSF-4, RMF-6 and Agriculture. To the
south is an undeveloped PUD approved by the BCC in 1998 (PUD-97-16). The PUD has
Exhibit "B" A~F, NDA rr~
MAY 11 1999
Pg. /F
110 acres, which will contain 785 dwelling units at build out for a density of 1.67 units
per acre. This PUD also contains an eighteen hole golf course and commercial/office
center. To the west are two more PUDs and an air park with runway (Naples Heritage
PUD-95-10, Shadowwood PUD (1982), and Wing South Air Park). These developments
are almost built out. The density for Naples Heritage PUD is 1.43 units per acre at build
out and Shadowwood, an older community, is 3.6 units per acre at build out. The
majority of the successful surrounding developments are of similar low density and lot
sizes.
3. The possible creation of an isolated district unrelated to adjacent and nearby
districts;
Pro: The proposed rezone is similar to other approved PUDs in this area. Approval of
this PUD will not create an unrelated zoning district.
Con: Evaluation not applicable.
Summary Findings: The 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 currently approved zoning which is consistent with the FLUE.
4. Whether existing district boundaries are iliogically drawn in relation to existing
conditions on the property proposed for change.
Pro: The district boundaries are logically drawn and they are consistent with the FLUE of
the GMP.
Con: None.
Summary Findings: Surrounding Lands are zoned PUD that contains similar residential
development and densities. In addition, the boundaries are logically drawn by virtue of
the site's location within two existing zoned PUD projects.
5. Whether changed or changing conditions make the passage of the proposed
amendment necessary.
Pro: The proposed zoning change is appropriate based on the existing conditions of the
property and because its relationship to the FLUE (Future Land Use Element of the
Growth Management Plan) is a positive one. Furthermore, the combination of The Club
Estates and the remnant of the Casa Del Sol PUDs is a positive step in developing :hese
properties and eliminating future uncoordinated and disjointed development alon URAC, EUO,~
.o.
MAY 11 1999
Con: None.
Summary Findings: Consistent with the Growth Management Plan.
6. Whether the proposed change will adversely influence living conditions in the
neighborhood;
Pro: (i) The existing approved PUD projects on the subject site contain similar
permitted uses and abutting PUDs are also approved for similar uses.
Con: (i) Due to the proposed conservation areas, the proposed PUD should not
adversely impact the adjacent properties.
Summary Findings: The proposed PUD will not adversely influence living conditions
in the neighborhood because the recommended development standards and other
conditions for approval have been promulgated and designed to ensure the least amount
of adverse impact on adjacent and nearby developments.
7. Whether the proposed change will create or excessively increase traffic congestion
or create types of traffic deemed ir~compatible 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: (i) An action to fezone the property as requested is consistent with the traffic
circulation element.
(ii) The property fronts directly on a public road (CR-951) thereby providing
an access to the arterial road network over which traffic from this mixed
use development will draw and defuse traffic. It also eliminates further
need for additional access points on CR-951 due to the combining of the
two existing PUDs
(iii) The PUD impact to CR-951 will be negligible due to the low density of
the proposed development.
Con: (i) As urban intensification increases, there is some loss of comfort and ease
of travel to the motoring public. However, by law this degree of
discomfort is regulated by concurrency requirements.
(ii) In the short run construction traffic is necessary for develop: czr. t
irritating to local residents. no../.7 .C_.-
MAY 11 1999
Pg.
Summary Findings: Evaluation of this project took into account the requirement for
consistency with Policy 5.1 of the Traffic Element of the GMP and was found consistent,
and, when developed, will not excessively increase traffic congestion. Additionally
certain traffic management system improvements are required as a condition of approval
(i.e., turn lanes, traffic signals, dedications, etc.). In the final analysis all rezone actions
are subject to the Concurrency Management System.
8. Whether the proposed change will create a drainage problem;
Pro: (i) The Land Development Code specifically addresses prerequisite
development standards that are designed to reduce the risk of flooding on
nearby properties. New development in and of itself is not supposed to
increase flooding potential on adjacent property over and above what
would occur without development.
Con: (i) None
Summary 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 as a condition of approval. This project
was reviewed for drainage relationships and design and construction plans are required to
meet County standards as a condition of approval.
9. Whether the proposed change will seriously reduce light and air to adjacent areas;
Pro: The proposed mixed use development conforms to the approved zoning on the
adjacent properties. The overall development standards are compatible with the standards
listed for the similar commercial districts in the LDC that are designed to protect the
circulation of light and air to adjacent areas.
Con: None.
Summary Findines: All projects in Collier County are iubject 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.
AGENDA ITEM
.o./7c
MAY 11 1999
10. Whether the proposed change will adversely affect property values in the adjacent
area;
Pro: Typically urban intensification increases the value of contiguous underutilized
land. This project should have little negative impact on surrounding properties
and most likely a positive impact on them.
Con: None.
Summary Finding~ This is a subjective determination based upon anticipated results
which may be in~ernal or external to the subject property that can affect property values.
Property valuation is affected by a host of factors including zoning, however zoning by
itself may or may not affect values, since value determination by law is driven by market
value. The mere fact that a property is given a new zoning designation may or may not
affect value. The proposed PUD should have a positive impact on property values.
11. Whether the proposed change will be a deterrent to the improvement or
development of adjacent property in accordance with existing regulations;
Pro/Con: Evaluation not applicable.
Summary Findings: The basic premise underlying the zoning development standards in
the LDC is that their sound application, when combined with the site development plan
approval process, gives reasonable insurance that a change in zoning will not deter
improvement of adjacent property.
Also, the PUD Document and Master Plan has made provision for buffering or transition
of intensity of uses between parcels within the PUD and those adjacent to it. This
arrangement coupled with the requirement to provide open space should provide
reasonable insurance that a change in zoning will not result in a deterfence to
improvement or development of adjacent residential 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.
Summary Findines: The proposed PUD complies with the Growth Management Plan.
Public policy statements support zoning actions when they are consistent with said plan.
In light of this fact the proposed change does not constitute a grant of special privilege.
Consistency with the FLUE is further determined to be a public welfare relationship
because actions consistent with plans are in the public interest. AC.,ENOA rr~
./ 7 C-
MAY 11 1999
5
13. Whether there are substantial reasons why the property cannot be used in
accordance with existing zoning;
Pro/Con: Evaluation not applicable.
Summary Findings: The subject property can be developed in accordance with the
existing zoning, however to do so would deny this petitioner of the opportunity to
maximize the development potential of the site as made possible by its consistency
relationship with the FLUE as contained in the Growth Management Plan, especially
when considering the remaining portion of the Casa Del Sol PUD.
14. Whether the change suggested is out of scale with the needs of the neighborhood or
the County;
Pro: The project is designed in a manner that is compatible with surrounding and
approved PUD property in size and scale.
Con: None
Summary Findines: The subject PUD complies with the Growth Management Plan
while the intensity of land uses is deemed acceptable for this site.
15. Whether is it impossible to find other adequate sites in the Count3' for the proposed
use in districts already permitting such use.
Pro/Con: Evaluation not applicable.
Summary Findings: There are many sites that are zoned to accommodate the proposed
development. This is not the determining factor when evaluating the appropriateness of a
rezoning decision. The determinants of zoning are consistency with all elements of the
GMP, compatibility, adequacy of infrastructure and to some extent the timing of the
action and all of the above criteria.
16. The physical characteristics of the property and the degree of site alteration which
would be required to make the property usable for any of the range of potential uses
under the proposed zoning classification.
Pro: The site alteration will have most of its impact on the eastem ~ortion of the
property, which contains mostly pine flatwoods. The western portion
cypress stands will remain mostly as a conservation area. The domi~ i~ec~
malaleuca. The environmental impacts are minimal. s
MAY 11 1999
Pg. ~,~:-~
Con: None
Summary Findings: The extent of site alteration will be determined as a function of
obtaining a Site Development Plan approval to execute the PUD's development strategy.
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.
Summary Findings: A multi-disciplined team responsible for jurisdictional elements of
the GMP have reviewed this petition and have found it consistent with the GMP. The
conditions of approval have been incorporated into the PUD document. Staff reviews for
adequacy of public services and levels of service determined that required infrastructure
meets with GMP established relationships.
REZONE FINDINGS R-98-2 I/'DJM
MAY 11 1999
'7
Petition No..'P U D 9 8 - 2 1 ' '' Date Petition Received:
Commission District: Planner Assigned: ~ O AY ~3~ .~,e_/.A V
/
ABOVE TO BE COMPLETED BY STAFF
1. General Information:
N~eofAppli~t(s} The Club Estates, L.C. (Charles Benton, Principal)
Applicant's Mailing Address 4141 Isles of Capri Road
City Naples State Florida Zip 34114
Applicant's Telephone # (941) 775-3468 Fax# (941) 775-6351
Nameof Agent David Farmer Firm Coastal Engineering Consultants, Inc.
Agent's Mailing Address 3106 South Horseshoe Drive
City Naples State Florida Zip 34104
Agent'sTelephone# (941) 643-2324 Fax# (941) 643-1143
COLLIER COUNTY COMMUNITY DEVELOPMENT
PLANNING SERVICES/CURRENT PLANNING
2S0O N. HORSESHOE DILWFeNAPI/_,S, FL 34104
PHONE (941) 403-2400/FAX (941) 643-6968 NO-F ,/
p~t,c ~,n~c ~, ~u~ ~t- ~ MAY 11 1999
2. Disclosure of lnteresg InfOrmation:
a. If the property is owned fee simple by an INDIVIDUAL tenancy by the enlireW,
tenancy in common, or joint tenancy, Ust ~ parties with an ownership interest as
well as the percentage of such interest. (Use additional sheets if necessary).
Name ,,a Address Percentage of Ownenhip
b. If the property is owned by a CORPORATION, Bst the officers and stockholders and
the percentage of stock owned by each
N-,~- and Addr~__s. and Office Percentage of SIz~t
c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with
the percentage of inn
Nan~ and Add~ss Pereenta~ of
7harles L. Benton, Jr., 3915 Calvercon Drive 40% _
iyattsville, Maryland 20782
:.L. Morris, 1297 North Lewis Street, Glenvllle, W.~. 2635i
-~e Club Estates of KichiRan, LLC, c/o Mark Stavro~oulos,
lT01~_~Troy Center, Dr., Suite 240, Troy, Rtchigan 4 084
AG~A
~__~es V. Benton, 4141 Isles of Capri Rd., Naples, F1. 34114 20%
HAY 11 1999
PAGE 2 OF 6
d. ff the property is in the name of a GENERAL or LlZvffTED PARTNEI~XP, list the
name of the general and/or limited partners.
Name and Address Percent~p of Owne~hip,
e. ff 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 parmers.
Name and Address Pet~.entage of Owne~hi~.
The Club Estates, L.C. 100%
41/41 Tsles of Capri Road
Naples, Florida 34114
Date of Contract:
f. ff any contingency clause or contract terms involve additional parties, list all
individ-nl-~ or officers, if a corporation, partnership, or trust.
Nsme nzsd Address
g. Date subject property acquired ( ) leased ( ): Term offease yrs./mos.
if, Petitioner has option to buy, indicate date of option: 12/9 7 and date option
terminnt_e~: , or anticipated closing date ~u~y, ~ 9 9 9 .
~,mc~o~ ~ou ,u~t,c ~a ~oa ~un .=,'a,m- ~ MAY I 1 1999
PAGE 3 O 16 p,.
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 behal~ to submit
a supplemental disclosure of inter~ form.
Detailed legal description of the property_ covered by the a_oplienfion: (If space is
inadequate, attach on separme page.) ff request involves change to more than one zonin~
district, include separate lega~ description for property involved in each district. Applicant
shall submit four (4) copies of a recent survey (completed within the last six months,
maximum l" to 400' scale) if required to do so at the pre-appllcation meeting.
NOTE: The applicant is re~'ponsible for supplying the correct legal description. Xf
questions arise concerning. the legal description, an endheels certification or sealed survey
may be required.
Section: 15 Township: 50 S Range: 26 E
Lot: - Block: - Subdivision: -
A Plat Book = Page #: ~__ Property LD.#: 0041866006
Metes&BoundsDcscription: E×hibit A - Addjtional 99 acres
Exhibit B - Combined 255 acres
4. SEe of pro_~e~: 893 it X 4,888 It -- ?oral Sq. FL 4,326,815 A~ ~/- 99
5. Address/generallocationofsub_iectpro_t}erty_: West side of CR 951
+/- One mile north of Rattlesnake Hanshock Road
6. Adj/acen( zoning and !and use:
Zoning Land use
N PUD The Club Estates PUD
PUD Naples Forrest Country Club PUD
S
E R/W CR-951
W PUD Shadowwood PUD
AGENDA ITEM
AP!~t. ICAT[ON FOR !IqJBLIC !tF_,AR[NC FOR !*UD RF_.ZONW-, ~
HAY 11 1999
PAGE 4 OF l~
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 inadeq-At%
attach on separate page).
Section: 10 Township: 50 S Range: 26 E
Lot: Block: Subdivision: The Club Estates
Plat Book Pa~e #:__ Pwperty I.D.#: 00410520002
Metes &Bounds Description: See attached exhibit C
7. Rezone Request: This application is requesting a fezone from the - PUD
zoning district(s) to the PUD Zoning district(s).
Present Use of the Property: Undeveloped Casa Del Sol PUD, Ordinance 89-70.
Proposed Use (or range ofuses) of the property: Residential ~ .single family
with accessorary uses.
8. Evaluation Criteria: Pursuant to Section 2.7.2.5 and Sec. 2.7.3.2.5 of the Collier County
Land Development Code, statFs analysis and recommendation to the Planning
Commission, and the Planning Commi-e.,sion's recommendation to the Board of County
Commissioners shall be based upon consideration of the applicable criteria noted below.
PTovide a narrative statement describing the fezone request with specific reference to the
criteria noted below. Include any backup materials and documentation in support of the
request.
Standard Re'zone Considerations {LDC Seaion 2.
1. lt/hether the proposed change will be consistent with the goals, objectives, and politics
and future land use map and the elements of the growth management plan.
2. The existing land use pattern.
3. The possible creation of an isolated district unrelated to adjacent and nearby districts.
AGENDA ITEM
APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - fug8
MAY 11 1999
PAGE 5 OF
4. ~rhether existing district boundaries are illogically drawn in relation to existing
conditions on the property for .the proposed change.
5. Whether changed or changing conditions make the passage of the proposed amendment
(re'zone) necessary.
6. FVhether the proposed change will adversely influence living conditions in the
neighborhood.
7. Whether the proposed change will create or excessively increase tra~c congestion or
create types of traffic deemed incompatible with surrounding land uses, becatae of
peak volumes or projected types of vehicular traffic, including activity during
construction phases of the development, or otherwise affect public safety.
8. Whether the proposed change will create a drainage problem.
9. Whether the proposed change will seriously reduce light and air to adjacent areas.
10. Whether the proposed change will seriously affect property values in the adjacent area.
11. Whether the proposed change will be a deterrent to the improvement or development of
adjacent property in accordance with existing regulations.
12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare.
13. Whether there are substantial reasons why the property cannot be used in accordance
with existing zoning.
14. Whether the change suggested is out of scale with the needs of the neighborhood or the
county.
15. Whether it is impossible to ~nd other adequate sites in the county for the proposed use
in districts already permitting such use.
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 tht range of potential uses
under the proposed zoning classi~n.
17. The impact of development on the availability of adequate public facilities and
consistent with the levels of service adopted in the Collier County growth mana ,em~.
AP!~tICA'I'ION !~0R J'UBt!C I~J, ili!lM(] mR ~ i~"~o ~ MAY { { 1999
PAGE 6 OF 16
plan and as defined and implemented through the Collier County Adequate Public
Facilities Ordinance {Code ch. 106, art. II], as amended.
18. Such other factors, standards, or criteria that the board of county commissioners shall
deem important in the protection of the public health, safety, and welfare.
PUD Re'zone Considerations (l. DC.~ection 2. 7.3.2.5}
I. The suitability of the area for the type and pattern of development proposed in relation
to physical characteristics of the land,.surrounding areas, traffic and accas, drainage,
sewer, water, and other utilities.
2. Adequacy of evidence of unified control and suitability of any proposed agreement,
contract, or other instruments, or for amendments in those proposed, particularly
they may relate to arrangements or provisions to be made for the corttinuing operation
and maintenance of such areas and facilities that are not to be provided or ma~
at public expense. Findings and recommendations of this type shah be made only after
consultation with the county attorney.
3. Conformity of the proposed PUD with the goals, objectives and policies of the growth
management plan.
4. The internal and external compatibility of proposed uses, which conditions may include
restrictions on location of improvements, restrictions on design, and buffering and
screening requirements.
5. The adequacy of usable open space areas in existence and as proposed to serve the
development.
6. The timing or sequence of development for the purpose of assuring the adequacy of
available improvements and faciFttia, both public and private.
7.The ability of the subject property and of surrounding areas to accommodate
expansiott
8. Conformity with PUD regulations, or as to desirable modifications of such regulations
in the paracular case, based on determination that such modifications of .Mti~ as
meeting public purposes to a degree at least e4uivalent to literal application of such
regulations.
APPLICATION FOR PUBLIC HEARING FOR PUD
MAY I I 1599
PAGE 7 OF
9. Deed Restrictions: The County is legally precluded from enforcing deed restrictions,
however, many communities have adopted such msUictions. You may wish to con~:t the
civic or property owners association in the ar~a for which this use is being m:lues~ed in
order to ascertain whether or not the request is affected by existing deed restrictions.
10. Previous !and rise petitions on the subject propert'y: To your knowledge, has a public
hearing been held or this property within the last year? If so, what was the natu~ of that
hearing? Unknowr~ - Possible PUD sunsetting or rezoning of remaining PUD property.
11. Additional Submittal reqniremeni~ In addition to this completed application, the
foUowing shall be submitted in order for your application to be deemed sufficient, unless
otherwise waived during the pre-application meeting.
a. A copy of the pre-application meeting notes;
b. If th~s re'zone is being requested for a specific use, provide ~Reen (15) copies of a 24"
x 36" conceptual site plan [and one reduced 8W' x 11" copy of site plan], drawn to a
maximum scale of I inch equals 400 feet, depicting the following [Additional copies of
the plan may be requested upon completion of staff evaluation for distribution to the
Board and vaxious advisory boards such as the Environmental Advisory Board (EAB),
or CCPC];
· all existing and proposed structures and the dimensions thereof,
· provisions for existing and/or proposed ingress and egress (including pedestrian
ingress and egress to the site and the structure(s) on site),
· all existing and/or pwposed parking and loading areas [include manix indicating
required and provided parking and loading, including required p~ng for the
disabled],
· required yards, open space and preserve areas,
· pwposed locati: s for utilities (as well as location of existing utility sentices to the
site),
· proposed and/or; ;ds~g landscaping and buffering as may be required by the
County,
c. An architecmrai rendering of any proposed structures.
d. An Environmental Impact Statement CEIS)7,' as required by Section 3.8. of the Land
Development Code (LDC), or a request for waiver if appwpriate.
' """' AP.~ENDA ITEJVI
AimPLIC. ATION !~Oa ~t, nuC l.l~.Anmc FOR/'UD amNZ- ~ MAY i I 1999
PAGE 8OF16 p&.
PUD REZONE APPLICATION
SUBMITTAL CI{ECI~I,IST
TFFIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION
PACKET!
REQUIREMENTS # oF .oT
COPIES REQUIRED REQUIREB
"1. Completed Application 15 x
2. Copy of Deed(s) and list idearing Owner(s) and all 1 "
Partners if a C..orpora.tion X
3. Completed Owner/Agent Affidavit, Notarized 1 X
4. Pre-applica~on notes/minutes
5. Conceptual Site Plans 15 X
'6. Environmental Impact Statement - CEIS) 4 x
7. Aerial Photograph - (with habitat areas identified) 4 X
8. Completed Utility Provisions Statement (with required 4
attachments and sketches) X
9. Traffic Impact Statement - (TIS) 4 WAIVER
10. HistoriCal & ArChaeological SUrvey or Waiver 4
WAIVER
AppHcaflon
11. Copies of State and/or Federal Permits 4 N/A
12. Architectural Rendering of Proposed Structure(s) 4 N/A.
13. Application Fee, Check shah be made payable to .
Collier Coun. ty Board .of Commiqioners X
14. Other Requirements -
As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is
included in this submittal package. I tmdentand that failure to include all neceasm~ submittal information may result
in the delay of process ~hi~ petition.
Agent/)~a1~q~l~i~ Dat~ No. / 7 C~
David H. Farmer, E.I.
APPLICATIOIM FOR PUllLIe I.!~,/kll.!lM(; IIrOR PU!) R[ZONZ- fl/gl MAY 11 1999
PAGE 15 OF 16 pg.. J.J
COASTAL oo,,o,
ENGINEERING
CONSULTANTS
Environmental
~XIlI~rr ~A~
DESCRIPTION
PROVIDED BY CI,~NT
OF I,AND IN TB'F~ NORTH ~ OF
SECTION 15, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLAR COUNTY, FLORIDA
(NORTH PARCEL)
Commencing at the northeast comer of Section 15, T50S, R26E, Collier County, Florida;
thence along the North line of said Section 15, S87°37'14"W 100.16 feet to the West
right-of-way line of SR-951 for a PLACE OF BEGINNING; thence along said West of
right-of-way line S00°51'53"W 892.87 feet; thence S87°43'59"W 4870.63 feet to the
West line of said Section 15; thence along said West Section line N00"15'2Y'W 882.49
feet to the Northwest comer of said Section 15; thence N87°37'14"E 4888.46 feet to the
place of beginning, containing 99.328 acres more or less.
AC~NOAl'rb4
MAY 11 1999
3106 S. HORSESHOE DRIVE · NAPES, FLORIDA 34104 · (941) 643-2324 · FAX (941) 6, ~-} 1~ ~/
COASTAL
ENGINEERING
CONSULTANTS
E nvironmer
EXF!I~IT "B"
LEGAL DESCRIPTION
Commencing at the northeast comer of Section 15, T50S, R26E, Collier County, Florida;
thence along the North line of said Section 15, S87°37'14'W 100.16 feet to the West
right-of-way line of SR-951 for a PLACE OF BEGINNING; thence along said West of
right-of-way line S00°51'53"W 892.87 feet; thence S87°43'59'W 4870.63 feet to the
West line of said Section 15; thence along said West Section line N00°IS'2Y'W 882.49
feet to the Northwest comer of said Section 15; thence N87°37'14"E 4888.46 feet to the
place of beginning
Together with the following described parcel of !and:
The south one-half of the south one-half of Section 10, Township 50 South, Range 26
East, Collier County, Florida.
Less and except the east 125.00 feet for the right-of-way of County Road No. 951.
The above describes as a whole an area of approximately 255.098 acres of land.
Subject to easements, restrictions and reservations of record.
No./~
MAY 11 1999
3106 S. HORSESHOE DRIVE · NAPLES. FLORIDA 34104 · (941) 643-2324 · FAX (941) 64,3-1: '-.3~
COASTAL
ENGINEERING
CONSULTANTS
Environmental
EXI:rmlT "C"
DESCRIFrlON OF LANDS PLATtED
THE SOUTH ONE-HALF OF THE SOUTH ONE-HALF OF SECTION 10, TOWNSH]P 50
SOLrr~ RANGE 26 EAST, COLLIER COUNTY, FLORIDA
LESS AND EXCEPT THE EAST 125.00 FEET FOR THE RIGHT-OF-WAY OF COUNTY
ROAD NO. 951.
TI-IE ABOVE DESCRIBES AN AREA OF APPROXIMATELY 155.77 ACRES OF LAND.
SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD.
AGENDA ITEM
MAY 11 1999
3106 S. HOr',',',',',',',',',~ESHOE DRIVE · NAPES, FLORIDA 34104 * ('941) 643-2324 · FAX (c. ?1 ) 6~:_1143 ~
~J
N
ORDINANCE NO. 99-
3
4 AN ORDENANCE AMEN'DING ORDINANCE NUMBER 91-102 THE
s COLLIER COUNTY LAND DEVELOPMENT CODE WHICH
~ INCLLq]ES THE COMPREHENSIVE ZONING REGULATIONS FOR
THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA
a BY .~2vI'ENDING THE OFFICIAL ZONING ATLAS MAPS
~ NTrMBERED 0610S AND 0615; BY CHANGING THE ZONING
:0 CLASSEFICATION OF THE HEREIN DESCRIBED REAL PROPERTY
:: FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN
:: AS THE CLUB ESTATES, A RESIDENTIAL, SINGLE FAMILY
:3 DEVELOPMENT, FOR PROPERTY LOCATED ON THE WEST SIDE
:4 OF ISLE OF CAPRI ROAD (C.R. 951), APPROXIMATELY ONE ,MILE
~5 NORTH OF RATTLESNAKE HAMMOCK ROAD (C.R. 864) IN
:s SECTION 10, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER
:7 COUNTY, FLORIDA, CONSISTING OF 255+ ACRES; PROVIDING
:8 FOR THE REPEAL OF ORDINANCE NUMBER 89-70, THE FORMER
:~ CASA DEL SOL GOLF AND COUNTRY CLUB PUD (PUDo89-11),
: 0 AND PROVIDING FOR REPEAL OF ORDINANCE NUMBER 9749,
:: THE FORMER THE CLUB ESTATES PUD (PUD-97-9); AND BY
:: PROVIDING AN EFFECTIVE DATE.
23
: 4 WHEREAS, David Farmer of Coastal Engineering Consultants, Inc., representing Club
2s Estates, Lic. (Charles Benton, Principal), petitioned the Board of County Commissioners to
: 6 change the zoning classification of the herera described real property;
2'7 NOW, THEREFORE BE IT ORDAINfED by the Board of County Commissionen of
2s Collier County, Florida:
29
30 The zoning classification of the herein described real property located in Section 10,
21 Township 50 South, Range 26 East, Collier County, Florida, is changed fxom "PUD" to "PUD"
22 Planned Umt Development in accordance with the Club Estates PUD Document, attached hereto
,~ 2 as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Maps numbered
34 0610S and 0615, as dem'ibed in Ordinance Number 91-102, the Collier County Land
3 s Development Code, are hereby amended accordingly.
36
37 OTdillallce Number 89-70, known as the Can Del Sol Goff and Country Club PUD
3s (PUD-89-1-1-), adopted on October 24, 1989 by the Board of County Commjasiiiners of Collier
3 s County, and Ordinance Number 9749, known as The Club Eatarm PUD (PUD-97-9), adopted on
40 November 4, 1997 by the ~ of County Commi~ion~n of Colli~ County, ar~ both her~y
4~. repealodintheirmtimy.
42
AGF.~OA ITEJ~
""" 43 This C)rdinms~ ~ become effective upon filing with the Department fStat~.//_7 C-
MAY 11 1999
: PASSED AND DULY ADOPTED by the Board of County. Commissioners of Collier
3 County, Flonda. this __ day of , 1999.
4
5 BOARD OF COUNTY COMMISSIONERS
~ COLLIER COUNTY, FLORIDA
~ ATTEST:
9 BY:
:0 PAMELA S. MAC'KIE, CHAIRWOMAN
i~ DWIGHT E. BROCK. Clerk
1.2
APPROVED AS TO FORM
AND LEGAL SUFHCIENCY
20 ASSISTANT COUNTY ATTORNEY
22
24
25 PUD-98-21 ORDINANCE
25
27
THE CLUB ESTATES
A PLANNED UNIT DEVELOPMENT
REGULATIONS AND SUPPORTING MASTER PLAN
GOVERNING THE CLUB ESTATES A PLANNED
UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF
THE COLLIER COUNTY LAND DEVELOPMENT CODE
PREPARED FOR:
THE CLUB ESTATES, L.C.
4141 ISLE OF CAPRI ROAD
NAPLES, FLORIDA 34114
PREPARED BY:
COASTAL ENGINEERING CONSULTANTS, INC.
2800 SOUTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
CEC FILE NO. 98.127
~ED/UNE 18, 1998
DATE REVIEWED BY CCPC
DATE APPROVED BY BCC
ORDINANCE NUMBER 97~9
AMENDMENTS AND R~PEAL
AGF,,N~A ITEId
Nt~Y 11 1999
pg. ,/7/z~
TABLE OF CONTENTS
PAGE
LIST OF EXHIBITS AND TABLE i
STATEMENT OF COMPLIANCE ii
SECTION I PROPERTY OWNERSHIP AND DESCRIPTION
SECTION II PROJECT DEVELOPMENT REQUIREMgNTS
SECTION HI LOW DENSITY RESID~ AREA PLAN
SECTION IV COMMONS AREA PLAN
SECTION V CONSERVATION/PRESERVE AREA PLAN
SECTION VI DEVELOPMENT COMMITMENTS
AGF...~A I'IT.M
HAY 11 1999
P¢./--//
LIST OF EXHIBITS AND TABLES
EXt4/RIT A PUD Master Plan
EXHIBIT B Typical Lot Plan
' AGENDA IYEM
i t.,4AY 11 1999
STATEMENT OF COMPLIANCE
The development of approximately 254.6 acres of property ~ Collier County, as a Planned Unit
Development to be known as THE CLUB ESTATES will be in compliance with the goals,
objectives and policies of Collier County as set forth in the Growth Managemere Plan. The
residential and r~'eational facilities of THE CLUB ESTATES will be consistent with the growth
policies, land development regulations, and applicable comprehensive planning objectives of each
of the elements of the Growth Management Plan for the following reasons:
Residential Project
1. The subject property is within the Urban Residential Land Use Designation as
identified on the Funn~ Land Use Map as required in Objective 1, Policy 5.1 and
Policy 5.3 of the Future Land Use Element
2. The subject propertys location in relation to existing or proposed comm!mlty
facilities and services permits the developmenfs residential density as required in
Objective 2 of the Fulure Land Use Element
3. The project development is compatible and complementary to existing and future
surrounding land uses as required in Policy 5.4 of the Ftmare Land Use Element.
4. Improvements are planned to be in compliance with the Land Development Code as
set forth in Objective 3 of the Fuun~ Land Use Element
5. The project development will result in an efficient and economical extemion of
community facilities and services as required in Policies 3.1 .H and L of the Future
Land Use Element
6. The project development is planned to incorporate natural systems for water
management in accordance with their natural functions and capabilities as may be
required in forthcoming r~,ulations required by Objective 1.5 of the Drainage
Sub-Element of the Public Facilities Element
7. The Planned Unit Development includes open spaces and natural features which are
serve as pwject amenities.
8. The projected gross density of 0.19 d. tt per acre is in compliance with the Future
Land Use Element of Growth Management Plan based on the following
Base dmsity: 49 d. tt
Pwjea area: 254.6 Aa~s
49 d.u.f254.6 .,~ = 0.19 d.uJAc.
ii b4AY 11 1999
SECTION I
PROPERT'~' OWNERSHIP AND DESCRIPTION
1.1 PURPOSE
The purpose of this Section is to set forth the location and ownership of the property, and to
describe the existing conditions of the property proposed to be developed under the project
name of THE CLUB ESTATES.
1.2 LEGAL DF-~CRIPTION
The subject property being 254.6 acres, is described as:
The South one half of the South one half of Scion 10, Township 50 South, Rang= 26 Fast,
Collier County, Florida, LESS AND EXCEPT the East 125.00 feet for County right-
of-way and/or Utility Easements, as appear in those certain deeds and insmxments rec, ord~
at O.R. Book 1952, Page 2219.
commencing at the northeast corner of Section 15, TSOS, R.26'E, Collier County, Florida;
thence along the North line of said Section 15, S87°37'14"W 100.16 feet to the West right-
of-way line of CR-951 for a PLACE OF BEGINNINCr, thence along said West of right-of-
way line S00°51'53"W 8~... S7 feet; thence S87°43'59"W 4870.63 feet to the West line of
said Section 15; thence ;, <~ng said West Section line N00°lS'23"W 882.49 feet to the
Northwest comer of said :ection 15; thence Ng7°37'14"E 4888.46 feet to the place of
beginning, containing 99.3, ~zs mor~ or less.
1.3 PROPERTY OWNERSHIP
The subject property is curtnay under tl~ ownenhip of Richard K. Bennett, as successor
Trustee of Land Trust 5385, tit Club Fslates L.C., and NATIONSBANK of Maryland,
N.A. and Stephen M. Savage, as Co-Trustees of residuary Trust C under the will of Bernard
M. Savage.
1.4 GENERAL DESCRIPTION OF PF, OPR'IX.AB~
~ ,,,--:-~ site is located in tie South 114 of S4~ioel0 and ~5, '~:ship 50 South,
one mile north of Rattlesnake Hammr ' the original
155.8 acre property prior to the dat~ of ,~
A k~iculturaL The zonin8 c~ca~o,, ,' : p, uvaty prior to
:~ of approval for ~ PUD Ordi~ . Casa Del Sol, Ordinance
No. 89-70.
' /~GF_NO~ ITEM
I-1 MAY 11 1999
Pg-F 'Z/*/~7/' '
1.5 PHYSICAL DESCRIIvrION
The undeveloped property is south of Naples National Golf Course development, east of the
Naples Heritage Golf Course COmmunity, nol'~least of the Vftllg Park South subdivision,
north of undeveloped land and west of CR-951. The project is located in the C-4 Canal
Drainage Basin.
The average existing elevation is 9.5 NGVID with specific spot elevations ranging from
to 10.4 NGVD. The depths to bedrock in the area varies from some four (4) feet to more
than twelve (12) feet, All of the site is in Flood Zone X according to Firm Maps 120067
0605E and 120067 0415D.
The soil types on the site include Pineda fine sand (approxlmnt~ly 75%), Boca fine sand
(approximately 20%) and Chobee (approximaXely 5%). SoU cksracte~cs were derived
from the Soil Survey of Collier County, Florida, Lsau~ by the U.S. Department of
Agriculture (Soil Conservation Service) in March 1954.
1.6 PROJECT DESCRIFrION
The completed project will be a private gated community consisting of 49 residential lots, a
common tennig recreation area and two intemounected lakes in northern area and three
interconnected lakes in the southern area. The lots and lakes will be located on both sides
of the perimeter access road. Each lot will have a permanent concrete block or stone
retaining wall surrounding the lot and driveway.
1.7 SHORT TITLE
This Ordinance shall be known and cited as the "THE CLUB ESTATES PUD."
I-2 MAY
SECTION H
PROJECT DEVELOPMENT REQUIREMENTS
2.1 PURPOSE
The purpose of this Section is to delineate and generally describe the project plan of
development, relationships to applicable County ordinances, the respective land uses of the
tracts included in the project, as well as other project relationships.
2.2 GENERAL
Regulations for development of THE CLUB ESTATES shall be in accordance with the
contents of this document, PUD-Planned Unit Development District and other applicable
secfiort~ and parts of the Collier County Land Development Code and Growth Manage~nent
Plan in effect at the time of building permit application. Where these x~gulations fail to
provide developmental standards, then the provisions of the most similar district in the
County Land Development Code shall apply.
Unless otherwise noted, the definitions of all terms shall be the same as the definitions set
forth in Collier County Land Development Code in effect at the time of building permit
application.
All conditions imposed and all graphic malerial presented depicting restrictions for the
development of THE CLUB ESTATES shall become part of the r~gulations which govern
the manner in which the PUD site may be developed.
Unless modified, waived or excepted by this PUD, the provisions of any other sections of
the Land Development Code, wher~ applicable, mnain in full force and effect with respect
to the development of the land which comprises this PUD.
Development permitted by the approval of this petition will be subje~-'t to a concurrency
r~view under the provisions of Division 3.15 Adequa~ Public Facih'ties sI the earliest or
next to occur of either final SDP approval, final plat approval, or building permit issuance
applicable to this development.
2.3 DESCRIFI1ON OF PROJECt PLAN AND PROPOSED [,AND USES
The project Master Plan,' including layout of streets and use of land for the various tmc~ is
iljustrated graphically by Exhibit "A", PUD Master Development Plan. The~ shall be
appro~n,,~--ly six (6) land us~ tracts, plus n~ssary water managenznt lakes and slreet
rights-of-way, the general configuration of ~ is also illusum~ by Exhibit 'A'.
---~
rr-1 MAY 11 1999
pg._ ,/-/' /2 --
'rRACr DEVELOPMENT TYPE UNITS/S.F. AREA
L SINGLE FAMILY LOTS 49 79.7 AC
T COMMON AREAflENNIS CEN'I'ER 4,000 S.F. 0.9AC
CA CONSERVATION AREA N/A 108.5 AC
O LAKES AND CONSERVATION AREA N/A 48.2 AC
R ROADS/RIGHT-OF-WAY N/A 17.2 AC
TL TURN-LANE N/A 0.1 AC
TOTAL 254.6 AC
Areas iljustrated as lakes by Exhibit 'A' shall be construet~ as lakes or, upon approval,
pans thereof may be constructed as shallow, int~,mittent wet and dry depressions for water
retention purposes. Such areas, lakes and intermittent wet and dry areas shall be in the same
general configuration and contain the same general acreage as shown by Exhibit 'A'.
Minor modification u3 all tracts, lakes or otl~ boundary may be permitted at the time of
Preliminary Subdivision Plat or Site Development Plan approval, subject to the provisions
of Sections 3.2.6.3.~ and 2.7.3.5 respectively, of the Collier County Land Development
Code or as otherwise pertained by this PUD document
In addition to the various areas and specific items shown in Exhibit "A", such easements as
necessaxy (utility, private, semi-public, etc.) shall be established within or alolag the various
Tracts as may be necessary.
2.4 DESCRIFFION OF PROJECT DENSITY OR ENTENSITY OF LAND
A maximum of 49 single family residential dwelling units, shall be constructed in the
total project area. The gross project area is 254.6 acres. The gross project density,
therefore, will be a mindmum of 0. 19 units per ac~.
2.5 RELATED PROJECT PLAN APPROVAL REOUIREMENTS
A. Prior to the recording of a Subdivision Plat, for all or part of the PUD, final plans
of all required improvements shall receive approval of the appropriate Collier
County governmental agericer to insure compliance with the PUD Master Plan, the
Collier County Subdivision Code and the platting laws of the State of Floricht
B. Exhibit "A", PUD Master Plan, constim~ the required PUD Developmere Plan.
Subsequent to or co~ with PUD approval, a Preliminary Subdivision Plat if
applicable shall be submitted for the entire area covered by the PUD Mas~ plan-
Any division of property and the development of the land shall be in oomplianoe
with Division 3.2 of the Coltier County Land Develo~ Code, amt th= platling
laws of the State of Hotida.
~ AGENDA rr~r-M ~
II-2 ~4AY 11 1999
C. The provisions of Division 33 of the Collier County Land Development Code when
applicable shall apply to the development of all platted tracts, or parcels of land as
provided in said Division prior to the issuance of a building permit or other
development order.
D. The development of any tract or parcel approved for residential development
contemplating fee simple ownership of land for each dwelling unit shall be required
to submit and receive approval of a Preliminary Subdivision Plat in conformance
with requirements of Division 3.2 of the Collier County Land Development Code
prior to the submittal of construction plans and a final plat for any portion of the
tract or parcel.
E. Appropriate instzxxm~ts will be provided at the time of
improvements regarding any dedications and methods for providing
msinterJaIlce of common facilities.
2.6 MODEL HOME~ AND SAI.!~-S FACH.ITIF_~
Model homes/model home centers including a sales center shall be permitted in conjunction
with the promotion of the development subject to the following:
A. One "wet" and three "dry* models may be constructed prior to recordin~ of a plat.
Location is limited to future, platted single family lots. Permits for all models must
be applied for by project owner.
B. The models permitted as "dry models* must obtain a conditional certificate of
occupancy for model purposes only. The "wet" model may not be occupied until a
permanent certificate of occupancy is issuecL
C. The model (*wet model*) utilized as "sales offices" must obtain approval by and
through the Site Development Plan pwcess.
D. Prior to recorded plats, metes and bounds legal descriptions shall be provided to and
accepted by Collier Coumy as sufficient for building permit issuance. Said metes
and bounds legal descriptions must meet proposed plat configurations and all
E. Access shall be provided to each *dry" model from the "wet" model Access shall
be for pedestrian traffic only, no paved road will be allowed. Acce~ to the "wee'
model shall be provided by a paved road or temporary driveway and shall have a
-I I-3 M/,Y J l 1999
G. The "wet" model may be served by a temporary utility system with ultimate
connection to the central system. Interior fire protection facilities in accordance
with NFPA requirements are r~quired unless a permanent water system is available.
A water management plan must be provided which accommodate~ the rul]off from
the model home, parking, access road/driveway and other impervious surfaces. The
system shall be designed and constructed so that it is integrated with the master
system for the entir~ development.
2.7 AMENDM!~.,NT~ TO PUD ~ OR PUD MASTER PLAN
Amendments may be made to the PUD as provided in the Collier County Land
Development Code, Section 2.7.3.5.
2.8 ASSOCIATION OF PROPERTY OWNERS FOR COMMON A_nFA
Whenever the developer elects to create land area and/or recreation arechilies whose
ownership and maintenance responsibility is a common interest to all of the subsequ~t
purchase~ of property within said development in which the common interest is located,
that developer entity shall provide approptia~ legal instruments for the establi.~hment of a
Property Owners' Association 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 2.2.20.3.8.
AGF, NDA ITEM
n-4 MAY 11 1999
SECTION HI
LOW DENSITY RESIDENTIAL AREA PLAN
3.1 pURPOSE
The purpose of this Section is to identify specific development standards for areas
design~t~ on Exhibit "A" as Tract "L", Low Density Residential.
3.2 MAXIMUM DWELLING UNITS
For the purpose of thi.~ section low density residential is defm~d as 4 or less dwe!linE units
per acre on the tract(s) allocated to this purpose.
The maximum number of low density dwelling units allowed within the PUD shall be as
follows:
Tract "L' 49
Total 49
3.3 USES PERM1TI~D
No building or structu~, or part thereof, shall be erected, altered or used, or land used, in
whole or part, for other thau the following:
A. Principal Uses:
I. Single Family Dwelling Unit
2. On-site sewage treatment plam/f~ilities (s~ Section 3.5)
B. Accessory Uses:
2. Common recreation ameniU'~
4. Commel~L~l Excav~ioB$
AGENDA iTEM
rrr-t NAY 11 1999
3.4 DEVELOPMENT STANDARDS
A. GENERAL:
All yards and set-backs shall be in relation to the individual lot boundaries, except
as otherwise provided.
B. MINIMUM LOT AREA: 20,000 square feet.
C. MINIMI.rM LOT WIDTH:
The minimum lot width m~surcmcnt shall start approximately 50 feet back fxom
th~ right-of-way and shall not include tl~ narrow driw, way portion of t!~ lot.
1. Comer Lots - 100 feet
2. Interior Lots - 100 feet
D. MINIMUM LOT FRONTAGE:
1. 30 feet, measured at the right-of-way line.
E. MINIMUM YARDS:
It is anticipated that the residential lots will be uniquely shaped and that no lots will
share a common lot line. Each lot will be separated by a Common Area buffer
averaging 80 feet in width.. Therefore, the minimum side and rear yard of zew {0')
feet is justified. Please see the Typical Lot Plan, Exhibit "B".
1. Front Yard: 50 feet from Right-of-Way.
2. Side Yard: 0 feet
3. Rear Yard: 0 feet
4. Fwnt yard setbacks shall be measured as follows:
{a) ff a lot or pawel is sen, ed by a public or private right-of-way,
setback is measured from the adjacent right-of-way line, even if the
lot or parcel is 'T' or flag shaped.
(b) If a lot or parcel is served by a non-plaUad priva~ drive, setback is
mea,.qa~ from the bsr~_ of curb or edge of ~
(c) ff a lot or pawei is served ~ a ptal~ pdv~ drive,, seback is
MAY 11 1999
1. 3,000 square feet
G. MINIMUM DISTANCE BETWEEN PRINCIPAL AND ACCESSORY
STRUCTURES:
1. 10 feet
H. OFF-STREET PARKING AND LOADING REQUIREMENTS
As mluired by Division 2.3 of the Collier County Land Development Code in effect
at the time of building permit application-
I. MAXIIViUM HF-IGHT:
1. Principal Stn~ure - 50 feet and 3 stories above the minimum base flood
elevation
2. Accessory Strtlctttre - 35 feet and 2 stories above the minimum base flood
elevation.
SPECIAL USE
A portion of Tract "L" may be used as the temporary location of a sewage treatment plant
and oxidation/evaporation pond if a the County mmUnent and collection system is not
available to serve the project. At such time as the treatment plant is discontinued, all of
Tract "L" shall be utilized for single family development as provided for by thi.~ Section
A. DEVEI~OPMENT STANDARDS
1. MINIMUM YARDS: Structure - Fifty (50) feet from sewage treatment
plant lmrcel boundsty. Ponds - 20 feet from sewage nent plant parcel
2. LANDSCAPED BUFFER REQ~: Twenty (20) feet
land.: ;~ed buffer pureram to the plsx~ng and opscity ~[uitemems of
Division 2.4 of the Land DevelotRnem Code.
3. MAXIlvlLrM EIGHT: Thirty (10) feet
AO~:J40A ITEM
m-3 1,4AY 11 1999
SECTION IV
COMMONS AREA PLAN
4.1 PURPOSE
The purpose of this Section is to set forth the development plan and development standards
for the area(s) designed as Tracts "0" and "T", Commons Area/Co,'--~ation Area on the
PUD Master Development Plan, Exhibit "A " . The primary functi¢ ,d pro'pose of these
Tracts will be to provide aesthetically pleasing open areas and recreational facilities. Except
in areas to be used for water impoundment and principal or ~ry use areas, all natural
trees and other vegetation as practicable shall be protected and prcgrved.
4.2 USES PERMITTED
No buildinE or n-twun~, or pan thereof, shall be erected, altered or used, or land used, in
whole or in part, for other than the following:
A. Principal Uses:
1. Lakes.
2. Open S~ature Prese~es (Conservation Area).
3. Pedestrian and bicycle paths or other similar facilities colIstxllaed for
purposes Of access to or passage through the cornmoils areas.
4. Small docks, piers or other such facilities constructed for purposes of lake
recreation for residents of the project
5. Tennig courts, shtfffie board courts, swimming tx)ols, and other types of
facilities intended for outdoor recreation.
6. Commercial Excavations.
7. Central Refuse Area (Tract T1 Only).
B. A~ry Uses:
1. Clubhouse and other customary accessory uses for tenni-$t ~wilitieS, or other
recn~onal facilitiet
2. Small enclosut~ or othe~ ~ com4wSed for ~ of
IV-I MAY I 1 1999
4.3 DEVELOPMENT REGULATIONS
A. Overall site design shall be harmonious in terms of landscaping, enclosure of
structure, location of access sweets and location and treatment of buffer areas.
B. Buildings shall be setback a minkhum of ~ (50) feet abutting residential districts
and a landscaped and maintained buffer shall be provided.
C. There shall be no setback r~quirements for Tract "T" (tenni.~ cent) due to the
isola~d naUkre of the tract. Structures shall comply with the SFWMD and ACOE
D. Lighting facilities shall be an'anged in a manner which will protect roadways and
neighboring propsties from direct glare or other interference.
E. A si'r~ development plan meeting all of the Development Regulations shall be
required in accordance with S~on 2.5 of this PUD document
F. ~ HEIGHT:
1. Principal Stmcu~: 30 feet.
2. Accessory SWuct~h-e: 30 feet.
G. MINIMUM OFF-STR~r PARKING AND LOADING
No off-street parking is required for Tract "T" (ttnni-q cetlter). Am to the
facilities will be by pedestri~ bicycle or golf cart, all of which will ~ a raised
boardwalk for ingress-eg/ess. No automobile waffle is anticipated.
4.4 OFF-SITE REMOVAL OF EARTHEN MATERIAL
The excavation of earthen m~ and its stock piling in preparation of water ~t
facilities or to otherwise develop water bodies is h~eby l~'rmi~ After considt:nlfion of
fill activities on those buildable portions of the project site there will be a surplus of eatth~
mawrial. Therefore, its off-site disposal is also hereby penm~d subject to th~ following
conditions:
A. Communal excavation a~ivities ~!ll comply with fl~ d~finifion of a "commend
excavation" pursuant to Division 3.5 of th~ ~ Development Cod~ A
Comm,~x:ial Excav~ion Permit pum~ to Division' 3.5 of the Land Dt'velo!~mt
Code must be obtained.
B. All other provisions of said Division 3.5 a~ applicable.
AGENDA ITEM
MAY 11 1999
SECTION V
CONSERVATION/PRESERVE AREA PLAN
~.1 PURPOSE
Conservation/Preserve Area- The purpose is to px~serve and protect native vegetation and
5.2. USES PERMITTED
No building or suucU~ or part thereof~ shall be erected altered or used, or land used, in
whole or in part, for other than the following, subject to regional state and federal permits
A. Principal Uses:
1. Open Spaces/Nature Prmervu.
2. Lakes as shown on the PUD master plan.
3. Small docks, piers or other such facilities co~ for purposm of lake
recreation for residents of the project, subject to appropriate approvals by
4. Boardwalks subject to appropriate approvals by permitting agencies.
Perknetcr security fences or privacy walls may be eight feet high and will be
placed in areas with the least impact to the conservation areas, such as along
~e private road which is the most disturbed or in areas of least impact to
native plants and naturally functio~ habitats.
6. Native vegetation laad.s~ping.
7. Permitted mitigation activities.
AGENDA
v-i MAY 11 1999
SECTION VI
DEVELOPMENT COMMITMENTS
6.1 PURPOSE
The purpose of this Section is to set forth the development commitments for the
development of the project
6.2 GENERAL
All facilities shah be co~ in strict 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 specifi~ons of Division 3.2 of the Land Development Code shall apply to this project
even if the land within the PUD is not to be plaid. The developer, his successors and
assigns shall be responsible for the commitments olx~ined in ~ doclI~
The developer, his successor or assignee, shall agree to follow the Master Plan and the
r~gulations of the PUD as adopted, and any other conditions or mod~cations as may be
agreed to in the rezDnlnE Of the property. In additio!l, any successor or assignee in title is
alSO sllbject to any commitments within this agreetDenL
63 PUD MASTER PLAN
Exhibit "A", PUD Master Plan, iljustrates the proposed development and is conceptual in
nature. Proposed tract, lot or land use boundaries or special land use boundaries shall not be
construed to be final and may be varied at any subsequent approval phase such as final
platting or site development plan application. Subject to the provisions of Section 2.7.3.5 of
the Land Development Code, amendments may be rn~d~ from time to time.
All necessary easements, dedications, or other insmnnents shall be granted to insure the
continued operation and maintem!II~ of all service L~:ilities and all common a/ea$ in the
project.
6.4 SCFw._r}U1 .~. OF DEVk'~3PM~.NTaViONITORING I~EPORT AND SUNSET
pROVISION
A. lnfn~stnaCture: It is the developer's intent to construct the first phase oflnfrffa'ucmr~
for the single family lots within two (2) yean from the date of approval of the PUD
AGENDA ITE.!d
NAY 11 1999
Pg, ,'~
B. RecreatiOnal Facilities: By the time building permits for 50% of the residential
units are issued, the developer agrees to have constructed the two (2) tennis courts in
the location shown on the PUD Master Development Plan. No facilities shall be
dedicat~ to Collier County. Any additional recreational facilities, as my be
needed by the future residents of this project, shall be funded through a system of
r~venues collected by the Homeowners' Association. The Homeowners'
Association By-Laws shall include a provision that the creation of a Capital
Improvement Fund is mandatory, and every property owner in the development
shall become a member of the Homeowners' Association.
C. Monitoring Report: An annual monitoring report shall be submitted pursuant to
Section 2.7.3.6 of the Collier County Land Development Code.
D. Sunset Provisions: All PUD's shall be subjea to the Sunset Provisions of Section
2.7.3.4 of the Land Development Code.
6.5 SUBSTITUTIONS TO DESIGN STANDARDS FOR SUBDIVISION
REGULATIONS
Substitutions to design standards to Division 3.2 of the Land Development Code shall be
made part of a concurrent application for Preliminary Subdivision Plat approval.
6.6 TRANSPORTATION
The development of this PUD Master Plan shall be subject to and governed by the
following conditions:
A. Access from CR 951 shall be consistent with the County's Access Management
Policy, Resolution 92-422, as amended.
B. Turn lanes in accordance with Ordinanc~ 93-64, as amended, shall be required as a
component of the conslxuc~on plan/final plat approval for the first development
phase. They must be completed prior to preliminary acceplance of the Phas~ One
subdivision improvements.
C. Nothing in any zoning approval shall operate to vest any right to a median opening
in this project.
D. The developer shall be responsible for the installation of arterial level street lighting
at th~ project entrance as a component of t!~ construction plan/final plat approval
for th= first development phase. They must b~ completed prior to preliminary
accelXance ofth~ Phase On~ subdiviaio~n implxn~a~a~
AGEND A ITEM
No./._Z,,~_.C~-
V~-2 M;,,Y 11 1999
Pg.~
--'- E. Substantial competent evidence shall be provided by the developer to the effect that
the project is designed to provide capacity and treatment for historical roadway
runoff. In addition, site drainage shall not be permitted to discharge directly into
any roadway drainage system.
F. Road Impact Fees shah be paid in accordance with Ordinance 92-22, as amended,
and shall be paid at the time building permits are issued unless otherwise approved
by the Board of County Commi~ioncrs.
G. Road improvements required for this project, both site specific and system capacity,
shall be in place prior to the issuance of any Certifi~ of Occupancy for the
development.
H. Any requixed turn lane(s) will be co~ and paid for by the developer and any
required right-of-way as a result of said turn lane will be dedicated to Collier
County with no impact fee credit to the developer.
I. The developer shall reserve 120' of right-of-way for a future east-west road along
the south property line of the project. The developer shall be eligible for Road
Impact Fee credits at the time the reserved right-of-way is dedicated.
J. The developer/applicant will be responsible for sidewalks and bicycle paths as
"' required by Section 3.2.8.3.17 of the Laud Development Code.
6.7 WATER MANAGEMENT
The development of this PUD Master Plan shall be subjea to and governed by the
following conditions:
A. The SFWMD ERP Permit for the project.
B. The ACOE Dredge-Fill Permit for the project.
C. An excavation permit will be required for the proposed lakes in accordance with
Division 3.5 of the Collier County I,and Development Code and the SFWMD rules.
AGENOA ITE.!d
VI-3
MAY 11 1999
..
The development of this PUD Master Plan shall be subject to and governed by the
following conditions:
A. Water distribution, sewage collection and transmission and interim water and/or
sewage treatment fadli~es to serve the project are to be designed, consreacted,
conveyed, ovaled alld mailltai~ed ill accordalice with CoLlier County Ordirlallce No.
97-17, as mended, and other applicable County rules and regulations.
B. Water Facilities Looping and Stubs:
The on-site w~ter distribution system to serve the project must be co~ to the
distri~s water main on CR-951 consistent with the main sizing requirements
specified in the Count~s Water Master Plan and extended throughout the projecL
During design of these facilities, the following features shall be incorporated into
the distribution system:
1. Dead-end mairls shall be e]iminnLni by looping the internal pipeline
network,
2. Stubs for future system interconnection with adjacent properties shall be
provided to the property lines of the project, or the limit of jurisdictional
wetlands, at locations to be mutually agreed to by the County and the
developer during the design phase of the project
C. Connection to the County Central Sewer System or a Master Pump Station:
The uffijty colon documents for the projects sewerage system shall be
prepared so that all sewage flowing to the Countys master pump station is
transmitted by one (1) main on-site pump station. Due to the design and
configuration of the master pump suuion, flow by gravity into the station will not be
possible. The developer's engineer shall meet with County staff prior to
commencing preparation of eo$on drawings, so that all aspeas of the
D. Off-site Utilities Improvemenm:
1. Water - The existl-8 off-site water facilities of the di~uiet must be evaluated
for hydraulic capacity to serve thi.~ project and reinforced as required, if
disuiefs water system can hydrmdieally provide a suffieiem quantity of
water to meet the an~eipat~ demands of the projea and ~ dislrices
no._/ 7 (' ~
v14 ~,y 1 ~ 1999
2. Sewer - The existing off-site sewage transmission facilities of the district
must be evaluated for hydraulic capadty to serve this project and improved
as required outside the project's boundary to provide adequate capacity to
transport the additional wastewater generated without adverse impact to the
existing transmission fadlities.
6.9 ENGINEERING
The development of this PUD IViaster Plan shall be subject to and governed by the
following conditions:
A. GTassed slopes of 3H:I V may be used for berm heights to 4 feet throughout the
project based on the construction plans apptoved as part of the SFWlVlD ERP and
ACOE Dredge-Fill Permits. Berms greater that 4 feet in height shall us~ slopes no
greater~4H:lV.
]~. Wor~ within Collier Coullty right-of-way shall meet the roquir~ments of Collier
County Right-of-Way Ordinance No. 93-64.
6,10 ENVIRONMENTAL
The development of this PUD Master Plan shall be subject to and governed by the
following conditions:
A. Permits or letters of exemption from the U.S. Army Corps of Engineers (ACOE)
and the South Florida Water Mans~ement District (SFWMD) shall be preseal~
prior to final plat/consU, uetion plan approval.
B. Environmental permitting shall be in accordan~ with the Stat~ of Florida
Environmental Resoulv. e Permit Rules and be subject to review and approval by
Cun~t Planning Environmental Review Staff. P,~-moval of exotic vegetation shall
not be counted towards mitigation for im,nac~s to Collier County jurisdictional
w~tlands.
C. All conservation areas shall be designansi as conserv~on/pte~'v~ion tra~ or
e~sements on all colon plans and ~ he reconied on the plat with ~v~
covemints per or similar to Section 704.06 of th~ Florida Stanx$~ and slmll be
d~dicaxed to the Homeowner' Assodafion with n;sponsibility for main~
AC, ENI)A I'tT, Id
~AY 11 1999
PJ.~
,
D. Buffers shall be provided around wetlands, extending at least fifteen (15) feet
landw~'d from the edge of wedand preserves in all places and averaging twenty-five
(25) feet from the landward edge of wetlands. Where natural buffers are not
possible, structural buffers shall be provided in accordance with the State of Florida
Environmental Resom'ce Permit Rttles and be subject to review and approval by
Current Planning Environmental Staff.
E. An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for
the site, with emphasis on the conservation/preservation ~ shall be submittal to
Current Planning Environmental Staff for review and approval prior to final site
plan/construction plan approval.
F. Petitioner shall comply with the guidelines and recommend~ons of the U.S. Fish
and Wildllfe Service (USFWS) and Florida Game and Fresh Water Fi.~h
Commi-~ion (FGFW'FC) regarding potential im,nacts to protected wildlife species.
Whe~ protected species ar~ observed on site, a Habitat Management Plan for those
protected species shall be submitted to Cutrein Planning Envilx)nmental Staff for
review and approval prior to final site plan/co$on plan.
6.11 AC~RY STRUCTURES
Accessory strucUa~ shall be co~ simultaneously with or following the coSon
of the principal stxtxctt~ except for a coSon site office and model units.
6.12 SIGNS
All signs shall be in accordance with Division 2.5 of the Land Development Code.
6.13 LANDSCAPING FOR Off-STREET PARKING AREAS
All landscapin8 for off-sUrer parking areas shall be in accordance with the Division 2.4 of
the Collier County Land Development Code in effect at the time of building permit
al~plieatiom
AC, ENOA flT. IVI~
MAY 11 1999
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