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Agenda 02/23/1999 R.-.- COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, February 23, 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. 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 WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL 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. 1. INVOCATION - Pastor James Honig, Grace Lutheran Church 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 A. January 26, 1999 - Regular meeting. B. January 27, 1999 - Special meeting. C. February 1, 1999 - Workshop. 1 FebruaD, 23, 1999 D. February 2, 1999 - Worl~shop. 5. PROCLAMATIONS AND SERVICE AWARDS A. PROCLAMATIONS 1) Proclamation proclaiming the year of 1999 as The George Washington Bicentennial Year in Collier County. To be accepted by Ms. Frances Barsh, Chainvoman, George Washington Bicentennial Commemorative Committee. 2) Proclamation proclaiming the week of February 28 - March 6, 1999 as Emergency Planning and Community Right-To-Know Act Awareness Week in Southwest Florida ('EPCRA") Week. To be accepted by Mr. Ken Pineau, Collier County Emergency Manager. 3) Proclamation proclaiming the week of March 8 - 12, 1999 as National School Counseling Week in Collier County. To be accepted by Ms. Kathy Thomson, Center Director, Syh'an Learning Center. 4) Proclamation recognizing the volunteers of the Veterans Transportation Senrice. To be accepted by Mr. Ronald Scott, President, Collier County Veterans Council. 5) Proclamation recognizing Mr. Roy McTarnaghan, President, Florida Gulf Coast University. B. SERVICE AWARDS 1) Valdemar Prince, Transportation - 25 years C. PRESENTATIONS 6. APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. 7. PUBLIC PETITIONS 8. COUNTY ADM1NISTRATOR'S REPORT A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) A report to the Board regarding issues of invasive exotic plants in Collier County. 2) Request to authorize dredging of Clam Pass and the Clam Bay System and attendant placement of material in advance of formal action to grant required Coastal Construction Setback Line variances. 3) Petition C-99-2, Gelden Gate Area Chamber of Commerce requesting a permit to conduct a festival (Frontier Days) from February 26 through 28, 1999 on County owned property west of the Gelden Gate Community Center. 2 February 23, 1999 4) Petition C-99-1 Collier County Parks and Recreation requesting a permit to conduct a carnival (lmmokalee Han'est Festival) from March 4 through March ""' 7, 1999 at the Immokalee Airl~ort Park located on SR~29 B. PUBLIC WORKS 1) Review Hearing for an Apl~eal of Road and EMS Impact Fees for the remodeling of former Commercial Retail Use to Restaurant Use for the Mangrove Cafe, Inc. 2) Approve an Agreement with the Florida Department of Transportation ffDOT) for the construction of a sidewalk along U.S. 41 from Courthouse Shadows East to Rattlesnake Hammock Road. 3) Obtain Board direction on provision of Sewer Service to the Isle of Capri. 4) Consideration and ai~proval of Irrigation Water Supply Joint Participation Agreement. C. PUBLIC SERVICES 1) Amend the Skate Park Concession Agreement. D. SUPPORT SERVICES 1) CONTINUED FROM FEBRUARY 9:1999 MEETING. Authorization to Request Competitive Proposals for the Construction of an Office Building. E. COUNTY ADMINISTRATOR 1) Discussion regarding topics for the 1999 Annual Citizens' Telephone Survey. 2) Discussion regarding a l}roposal to hold Commission workshops in each Commission district. 3) Presentation of two new internal training initiatives entitled "Collier College" and "Learn to Lead". 4) Presentation of "County Purchasing Card Program" initiative. 5) Presentation regarding infrastructure sales surtax. F. AIRPORT AUTHORITY 9. COUNTY ATTORNEY'S REPORT 10. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Development Sen, ices Advisory Committee. B. Direction from Board regarding Tourist Development Council appointment. C. Recommendation to declare a vacancy on the Bayshore-Avalon Beautification MSTU Advisory Committee. 3 February 23, 1999 D. Appointment of members to the Collier County Code Enforcement Board. E. A Resolution of the Board of County Commissioners of Collier County, Florida, Reaffirming Resolution No. 98-62, Resolution for Repeal of Preemption Language in the Florida Clean Indoor Air Act, Chapter :186, Part It, Florida Statutes. F. Discussion regarding "Hurricane Jane's". 11. OTHER ITEMS A. OTHER CONSTITUTIONAL OFFICERS B. PUBLIC COMMENT ON GENERAL TOPICS PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS 12. ADVERTISED PUBLIC HEARINGS - BCC A. COMPREHENSIVE PLAN AMENDMENTS 1) Adoption Hearing for the 1998 Growth Management Plan Amendments Transportation Element: Amend Table V, the Collier County Transportation Data Base, and various Transportation Malls within said Element 2) Capital Improvement Element: Amend policy 1.1.5 of the Capital Improvement Element (CIE) to reflect changes in levels of sen'ice to certain capital facilities and amend and update the Capital Improvement Schedule of the CIE. 3) Petition CP-98-01: Amend the Future Land Use Element and Future Land Use Map, by adding a new Subdistrict entitled the Goodlette/Pine Ridge Commercial In~ll Subdistrict. 4) Future Land Use Element: Amend the Future Land Use Element by eliminating the "Commercial Under Criteria" provision and replacing it with a new provision entitled "Office and In-fill Commercial Subdistrict". 5) Petition CP-98-03: Amend the Golden Gate Area Master Plan by increasing the acreage requirements of the Pine Ridge/CR 951 Neighborhood Center and by modifying access and buffering requirements of the Neighborhood Center. 6) Petition CP-98-04: Amend the Golden Gate Area Master Plan by creating a new Subdistrict entitled "Santa Barbara Commercial Subdistrict." B. ZONING AMENDMENTS 1) Petition PUD-98-18, Dwight Nadeau of McCanly Engineering and Design, Inc., representing Section Thirty Corporation LLC, requesting a rezone from its current zoning classification of "A" Agricultural to "PUD" Planned Unit development to be known as Livingston Lakes PUD. The subject property is located on the east side of i~roposed Livingston Road approximately 700 feet south of Immokalee Road consisting of 46.73 acres. 2) Petition R-98-8 John P. Asher, P.E., of Coastal Engineering Consultants, Inc., representing Gertrude M. Abele, requesting a rezone from "E" Estates to '"C- 4" General Commercial, for property located on the southwest corner of the ---- intersection of Davis Boulevard (SR-84) and Santa Barbara Boulevard Extension, in Section 8, Township 50 South, Range 25 East, Colller County, Florida, consisting of 19.68 +/- acres. 4 February 23, 1999 3) Petition PUD-82-16(I) Karen Bishop of PMS, Inc. of Naples, representing Henry Krehling, by changing the zoning classification from PUD to PUD ""' Planned Unit Development for the purposes of complying with sunsetting provisions of the Land Development Code by updating the PUD document and Master Plan to current Land Development Code requirements, adding commercial and light industrial uses to the list of authorized uses and reconfiguring the PUD Master Plan, for property generally located southeast of the intersection of U.S. 41 and Old U.S. 41, ~ mile east of U.S. 41 at the eastern terminus of Wiggins Pass Road, in Section 15, Township 48 South, Range 26 East, Collier County, Florida. 4) CONTINUED FROM FEBRUARY 9~ 1999 MEETING. Petition PUD-98-17 Blair A. Foley, P.E. of Coastal Engineering Consultants, Inc., representing James Corman, requesting a rezone from "A" Rural Agriculture to "PUD" Planed Unit Development to be known as Whittenberg Estates PUD for a maximum of 114 single family and multi-family dwelling units on property located on the north side of Davis Boulevard (S.R. 84), east of Whitten Drive, in Section 6, Township 50 South, Range 26 East, Collier County, Florida, consisting of 37 +/- acres. C. OTHER 1) CONTINUED INDEFINITELY. Petition SNR-98-7, Donna Devlin, requesting a street name change from 24*h Avenue SW to Star Grass Lane, located in Golden Gate Estates Unit 31, in Section 20, Township 49 South, Range 26 East. ""' 2) CONTINUED INDEFINITELY. Petition SNR-98-8, Donna Devlin, requesting a street name change from 22th Avenue SW to Sea Grass Lane, located in Colden Gate Estates Unit 31, in Section 20, Township 49 South, Range 26 East. 3) CONTINUED INDEFINITELY. Petition SNR-98-9, Donna Devlin, requesting a street name change from 20th Avenue SW to Westport Lane, located in Golden Gate Estates Unit 31, in Section 20, Township 49 South, Range 26 East. 4) CONTINUED INDEFINITELY. Petition SNR-98-10, Donna Devlin, requesting a street name change from 18'h Avenue SW to Cedar Tree Lane, located in Golden Gate Estates Unit 31, in Section 20, Township 49 South, Range 26 East. 5) CONTINUED INDEFINITELY. Petition SNR-98-12, Donna Devlin, requesting a street name change from 26~ Avenue SW to Copper Leaf Lane, located in Golden Gate Estates Unit 30, in Section 29, Township 49 South, Range 26 East. 6) CONTINUED INDEFINITELY. Petition SNR-98-13, Donna Devlin, requesting a street name change from 28m Avenue SW to Painted Leaf Lane, located in Coiden Gale Estates Unit 30, in Section 29, Township 49 South, Range 26 East. ~ 7) Recommendation to ai~prove a Resolution electing to use the Uniform Method of Collecting Non-Ad Valorem Special Assessments levied on eleven lots located on the south side of Golden Gate Parkway east from Santa Barbara Boulevard to 53'~ Street Southwest located in the unincorporated area of the 5 FebmaD' 23, 1999 County; stating a need for such levy; providing for the mailing of the resolution; and providing for an effective date. 8) DUE TO ADVERTISING ERROR~ THIS ITEM IS BEING READVERTISED AND CONTINUED TO THE 3/9/99 MEETING: An Ordinance i~roviding for the establishment of more stringent local ethics standards and for enforcement thereof; providing for title and citation; providing for findings; providing for definitions; providing for reporting and prohibited receipt of gifts by individuals filing full or limited public disclosure of financial interests and by procurement employees; providing for lobbyist registration; providing for post-employment restrictions; providing for supplemental provisions; providing for penalties; providing for inclusion in the Code of Laws and Ordinances; providing for conflict and severability; and providing for an effective date. 13. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS 1) Petition V-98-24, Margaret Perry, AICP, representing Girardin, Baldwin and Associates, LLP, requesting a 15 foot variance from the required 15 foot rear yard to 0 feet for carports for an office building located at 5147 Castello Drive in North Naples. 2) Petition V-98-25, Todd Nicusanti, Nicusanti Building Corporation, representing Curt A. Sahlsten, requesting an after-the-fact variance of 5 feet from the required front yard setback of 30 feet to 25 feet for property located at 273 Johnnycake Drive, further described as Lot 6, Johnnycake Cove, in Section 24, Township 48 South, Range 25 East, 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) Authorize the Chainroman to sign the Agreement for the Florida Department of Environmental Protection Artificial Reef Grant. 2) Resolution authorizing the County Administrator to submit a $750,000 Economic Development Grant al~plication to the Florida Department of Community Affairs. ~ 3) Request to approve for recording the final i}lat of "Kathleen Court", and approval of the performance security. 6 FebmaD' 23, 1999 4) Budget amendment for the Shellabarger Park Infrastructure Improvement .---- Project. 5) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Villages at Wyndemere". 6) Budget amendment for the Tourism Development, Advertising and Promotions category Visit Naples, Inc. 7) Approval of Work Order PB-98-3 for the furnishing and installation of dehumidification equipment at the Development Services Building. 8) Request to approve the final plat of "Villas at Greenwood Lake" 9) Request to apl}rove for recording the final plat of "Mashie Court at the Estates at Bay Colony Golf Club", and apl}roval of the performance security. 10) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Village Walk Phase Five" 11) Request to approve for recording the final plat of "Island Walk Phase Two" and al~proval of the performance security 12) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Village Walk Phase Six" 13) Request to grant final acceptance of the roadway, drainage, water and sewer "" improvements for the final i}!at of "Village Walk Phase Four" 14) Authorization of a 100% waiver of all impact fees for nine ver)' low income single family houses to be built in the Seminole subdivision in Immokalee by Habitat for Humanity of Collier County, Inc. 15) Authorization of a 100% waiver of all impact fees for eight very low income single family houses to be built in Naples Manor by Habitat for Humanity of Collier County, Inc. 16) Budget amendment transferring funds from Permit Fee Reserves for the purchase of a vehicle and machinery. B. PUBLIC WORKS 1) This item has been deleted. 2) Approve the purchase of two (2) Model TLT0 Tractors and one (1) Model 555E Backhoe/Loader under Florida State Contract #765-90-98-1. 3) Consultant Selection Ranking for the design of Livingston Road from Golden Gate Parkway to Vanderbilt Beach Road (Project Nos. 60071 and 62071) (CIE Nos. 52 and 58). 4) Approve a Budget Amendment and award Bid No. 98-2885 to Central Florida ~ Landscaping, Inc. (as amended and conditioned through negotiations) for the Davis Boulevard Phase II Median Landscaping Improvement Project Between Airport-Pulling Road and County Barn Road. 7 FebmaD' 23, 1999 5) Lely Area Stormwater hnl~rovement Project - Phase I Design Professional ~ Senices Agreement with Agnoli, Barber and Brundage, Inc. (Project No. :11101). 6) Livingston Road Construction Engineering Inspection Professional Sen'ices Agreement with Kisinger Campo and Associates Corl}. (Project No. 60061) (CIE No. 53). 7) Ai}prove a Budget Amendment for Public Works Recruitment Advertising. 8) Request approval to waive Landfill Disposal Fees for Lot Clearing in the "Build A Home for George Pruject" in Immokalee. C. PUBLIC SERVICES 1) Authorization to renegotiate an agreement with the Collier County Veterinary Society, Inc., to provide the Domestic Animal Sen'ices Department with emergency animal medical sen'ices, physicals and neuter/spay operations for animals adopted from the County shelter. 2) CONTINUED FROM FEBRUARY 9~ 1999 MEETING. Adopt a resolution authorizing the acquisition of land by gift or purchase of fee simple title interests for properties adjacent to the existing landfill in Township 49S, Range 26E, Section 25 for public recreational purposes. 3) Al~prove the purchase of playground equipment. 4) Enter into a Memorandum of Understanding with the Florida Cooperative Extension Sen'ices, University of Florida to further enhance the cooperative relationship existing between Collier County and the Extension Sen'ice.- D. SUPPORT SERVICES 1) This item has been deleted. 2) Al~prove the Purchase of a Bacl~up Battery Rack and Battery Monitoring System for the Administration Building. 3) Award Bid No. 98-2890 for the Purchase of Medical Equipment for the Emergency Medical Services Depaament. 4) Ai~proval and Execution for Satisfactions of Claim of Liens for Water and/or Sewer System Impact Fees. 5) Request Approval to Purchase Maintenance and Software Sen,ices for the 800 MHz Radio System for Three Years Utilizing Terms and Conditions Established in Contract 94-2201. 6) Renewal and Al~proval of Pre-Quali~ed List of Appraisers and Appraisal Firms for Real Estate Al~praisal and Valuation Services. 7) This item has been deleted. 8) This item has been deleted. 8 FebmaD, 23, 1999 9) This item has been deleted. 10) This item has been deleted. 11) This item has been deleted. 12) A Resolution for Api~roval of Satisfaction of Liens for Certain Residential Accounts Wherein the County has received Payment and said Liens are Satisfied in Full for the 1991 Solid Waste Collection and Disposal Services Special Assessments. 13) A Resolution for Approval of Satisfaction of Liens for Certain Residential Accounts Wherein the County has received Payment and Said Liens are Satisfied in Full for the 1992 Solid Waste Collection and Disposal Services Special Assessments. 14) A Resolution for Approval of Satisfaction of Liens for Certain Residential Accounts Wherein the County has received Payment and Said Liens are Satisfied in Full for the 1993 Solid Waste Collection and Disposal Services Special Assessments. 15) A Resolution for Ap!~roval of Satisfaction of Liens for Certain Residential Accounts Wherein the County has received Payment and Said Liens are Satisfied in Full for the 1994 Solid Waste Collection and Disposal Sen'ices Special Assessments. ~ 16) Al~proval and Execution of the Notice of Promise to Pay and Agreement to Extend Payment of Server System Impact Fees. 17) Approval and Execution of Satisfactions of Notice of Promise to Pay and Agreement to Extend Pa.vment of Water and/or Sewer System Impact Fees. E. COUNTY ADMINISTRATOR 1) Award Library, Transportation and Emergency Medical Services (EMS) Impact Fee Study to Tindale-Oliver and Associates. 2) Ai~proval of Budget Amendment Report. F. BOARD OF COUNTY COMMISSIONERS G. MISCELLANEOUS CORRESPONDENCE 1) Satisfaction of Lien: NEED MOTION authorizing the Chairman to sign Satisfaction of Lien for Sen'ices of the Public Defender for Case Nos.: 9604622MMA, 9807297MMA, 9806526MMA, 9807086MMA, 9800891MMA, 9803872MMA, 9807891MMA, 9805202MMA, 9805095MMA, 9807136MMA, 9807537MMA, 9805720MMA, 9804236MMA, 9808221MMA, 9806841MMA, 9803708MMA, 9808636MMA, 9802776MMA, 9804332MMA, 9806816MMA, 9807285MMA 2) MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DlRECTED H. OTHER CONSTITUTIONAL OFFICERS 9 February 23, 1999 L COUNTY ATTORNEY 1) Request by the Collier County Industrial Development Authority for approval of a resolution authorizing the Authority to issue revenue bonds to be used to finance health care facilities for NCH Healthcare System. J. 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 RECEWED 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-98-9 Wayne Arnold, AICP, of Wilson, Miller, Barton & Peek, Inc. representing Konrad Mayerborer, requesting a fezone from RSF-3 to C-4 for property located on the east side of S.R. 951 al~proximately 800 feet south of U.S. 41, in Section 3, Township 51 South, Range 26 East, Collier County, Florida, consisting of 6.06 +/- acres. B. Petition PUD-98-13, R~ Bruce Anderson of Young van Assenderp & Varnadoe, P.A., representing Collier Development Corporation, requesting a rezone from "A' Rural Agriculture to "PUD' and "PUD to PUD" Planned Unit Development to be known as Collier Tract 21, formerly Beachway PUD, for a golf course and accessory and incidental facilities including a clubhouse, 50,000 square feet of C-3 commercial uses and/or a hotel on prol~erty located between U.S. 41 on the east and Vanderbilt Drive on the west, lying north of 111'h Avenue and south of the Cocohatchee Rjver, in Section 21, Township 48 South, Range 25 East, Collier County, Florida consisting of 267.44 + acres. C. Amendment to the Residential Rehabilitation Program providing for contractor selection flexibility. D. Petition CU-98-26 Beau Keene of Keene Engineering representing Joseph and Connie Smith, is requesting the al~proval of a conditional use for an earth mining activity on a parcel of land zoned "A-MHO" Agricultural with Mobile Home Overlay located on Lilac Road al~proximately ¼ mile north of Immokalee Road in Section 23, Township 47 South, Range 27 East, Collier County, Florida, consisting of 4.8 acres. E. Petition CU-98-25 Beau Keene of Keene Engineering representing Jolly Trucking is requesting the approval of a Conditional Use for an earth mining activity on a parcel of !and zoned "A-MHO' Agricultural with Mobile Home Overlay located on Angela Road approximately 1 mile north of Immokalee Road in Section 23, Township 47 South, Range 27 East, Collier County, Florida consisting of 9.87 acres. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY ADMINISTRATOR'S OFFICE AT 774-8383. 10 FebmaD' 23, 1999 PROC.LA~fA TZON WHEREAS, the year 1999 marks the 20Gh anniversaPy of the death of America~ Foundin9 Fafher, 6eorge Washington,' an~ ~H~R~A~, 6eorge Washington was the indispensabl~ figure in the creation of the Varied S~of~s of A~erico, and served our noffon as Hs firs~ Co~onder in Chief and Presid~n~ wHh unparalleled disfincfion,' and, WHereAS, Americans from sea to shinin9 sea will ~us~ on ~h~ brink of a new cen~u~ ~o r~fl~c~ on Georg~ Woshing~on~ contributions ~o self- 9overnmen~,' and, ~Me~eAS, Georg~ Washington, in ~he firs~ presidential inougu~l oddr~s, challenged oH Americans with ~he ~osk of priervia9 - for oH ages - "~he sacred fir~ uow r~e~e?on6 , Commissioners of 'ton: FiP~ in bONE ANb CHAIRWOI~AN A TTE~c T:' b WZGHT E 8ROCK, CLERK F E B 2 3 1999 Pg- J PI~OCLAA~A TZON ~VMEREA,~, fhe sof~ us~ of hozordous ~o~riol is ~ss~n~iol ~o busin~s, indus~ nod locol po~?nm~n~s ~o moin~oin ~conomic s~obHi~, ond ~o ~he citizens of ~he Ninth Plnnnin9 Dis~ric~ of Florido,' ond, ~He~eAS, if is essen~iol ~o plon nod prepor~ for fhe occiden~ol ?8leos8 of hozordous ~o~e~iols ond ~o profec~ fhe w~H bein9 of oH cHizens nod visifors in fhe District,' ond, wHereAs. response feo~s, such os fire, police ond emerpen~ ~edicol se?vic~ must know the ~ypes of hozordous mo~eriols nod ch~micols bein9 used nod s~ored in fhe evenf of on 7~cidenf ~o ~espond sofdy,' oRd, ~RE~AS, oH ci~z~ens hove o ~iphf-~o-Know ~he ~p~, {ocofion, ond quonfi~ of certoz~ hozordous ~o~er~ls nod che~icols ~ ~hei? cormunifies, ond o ~hf-fo-Know ~he ~o ~oke in cose of on NOW of - March 6, ACT DONE AND PAMELA S. MACKTE, CHA]~i.~WOMAN A~'5~' D I4/I6HT E 9I~OCK, CLERK FEB 2 3 1999 Pa._ / PROCLAAdA TION WHEREAS, we acknowledge the potential and importance of every student in Collier County, Florida,' and, WHEREAS, we believe that every student in Collier County has the right to learn and the obligation to become o productive 6t/zen,' and WMEREA~, we recognize the vital role of school counselors in providing students with the educational social skills necessary to succeed m the classroom and throughout o lifetime of/earning,' and, WHEREA.~, these accomplished and dedicated professionals seek to nurture the DONE AND PAMELA 5. MACKZE, CHAZRWOMAN ATTEST.' D M/I6HT E 8ROCK, CLERK AGENDA ITEM FEB 2 3 1999 I Pg, PROCLAIAA TZON WHE.RE.AS, Collier Coun~/ is the second largest counfy in area east of A4ississippi River,' and, I~IHE.RE.AS, ~'here is no Veterans Administration H~oHh Cor~ focili~ located Collier Count,' on~ WHeReAS, fh~ Collier Coun~ Veterans Transportation 5~rvic~ provides fr~e ~ronspor~oh~n for ve~rons ~o V~rons Administration H~oHh Cor~ focilH~s ~hroughou~ sou~hwes~ Florida,' and, WHereAS, ~he volunteer drivers in ~his progro~ ~ronspor~d 805 veterans VA ~edicol oppoin~enfs, donn~ed 2,3~9 hours, ~ode 340 ~rips and drove ~9,829 mile~ in ~he Iosf fiscal year,' on~ WMe~6AS, .ithout the ~olunt~/ dn~s' d~a offt~e staf~ th,~ peaScam could no~ provide the impo~on~ ond neUusOCy service of ~?onspo?fin9 UoW TRE~EFO~ be'if proclaimed b~ :~the'~a;~ ~7":~od~: ~ammt~sione,s of CoUnt, 9rear oppr~ci~ion':ond~H~ volonfeers of fhe Vefemns TronSporfO'ftbn S~l~.:~for 9ivin9 up ::;fhe[r persona/ time. and ~oP fhe.~'fforf~'fhe~:'~O~e' made on behalf :of th~ veferons of Collt~r Count. DONE. AND O~D~6D THIS 23rd Day o~ February ...... ~. .. PAMELA S. MACKIE, CHAIRWOMAN A TTE5 T.' D I, Vi'GHTE. BROCK, CLERK FEB 2 3 1999 P~OCLAA4A T,TON h~hez edut~bn ~~s c~e ~'tal to the ~ fttttt~ of rna~ d~rs of Co/h~ Cot~rty and ~h~ ~' ~~ ~ f~ F~'~ this i~i~ ~t t~ ~ ~~ ~~ ~ ~ f~ to d~p ~, ~~ ~b ~ F~' ~ this i~i~l ~ to~~ t~[~o ~~ c~~ to thi~ ~i~/ ~is ~i~d~l ~ ~l ~ ~t ~ to ~ F~ ~ of ~. ~ f~ t~ ~M f~ ~f~~ h~ ~ll~ f~ ~ ~ of ~ ~ ~ 23~ofF~ ~A~ ~ C~ CO~Z~ PAAAELA S. N~CKZE, CHA_TRWOAAAN AT7Z:ST: AGENDA ITEM No. S/~F~ DV/I'C+ITE~OCK, O. EI?K FEB 2 3 1999 Pg. / EXECUTIVE SUMMARY A REPORT TO THE BOARD REGARDING ISSUES OF INVASIVE EXOTIC PLANTS IN COLLIER COUNTY OBJECTIVE: To provide a report to the BCC regarding invasive exotic plants and to respond to issues raised by Mr. Jim Weeks in his January 12, 1999 Public Petition. CONSIDERATION: On January 12, 1999, the Board heard a petition from Mr. Jim Weeks regarding the required clearing of invasive exotic plants from his property prior to the issuance of a Certificate of Occupancy. The Board directed staff to research the issues raised by Mr. Weeks during his presentation. The attached staff report addresses the issues in detail and is summarized below: 1. Invasive exotic plants pose many ecological, economic, health, and safety issues. Of particular concem is the fire hazed posed by dense stands of melaleuca and hurricane hazards posed by Australian pine trees. 2. By the end of FY98/99, Collier County will have spent $702,000 for the preceding four years to remove invasive exotics from County-owned properties. 3. Collier County has regulated invasive exotic plants for the last 20 years and has required the removal of the "prohibited exotics" from single family lots since 1991. 4. County regulations addressing invasive exotic plants should remain in place to address the problems noted in the report. The County has a particular responsibility to ensure the public is protected from the health and safety hazards posed by several of the exotics regulated by County Code. 5. Funding levels should be sustained to ensure County departments conduct exotic control programs on an annual basis. 6. All County-owned properties should develop an Exotics Control Plan addressing the removal of prohibited exotics for each site. 7. The County should continue to provide informational materials to County residents concerning the problems of invasive exotic plants. An informational packet could be developed and distributed to residents at the time of permitting identifying the County requirements and control techniques and their associated costs. Also attached to this Executive Summary is the report prepared by EPTAB and presented to the BCC in 1997. This report outlines the problems of invasive exotics in Collier County and contains similar recommendations as the current staff report. Since September 1997, County staff have been planning an "Exotics Control Week" for March 21-27, 1999. The objectives of this week include the control of invasive exotic ve etation on County property and the release of public educational materials to inform County 'eside~.~"81 F E B a 1999 Po. / invasive exotic plant problems and control techniques. This will also be an opportunity for the County to highlight its various control programs. Bids were opened on January 27, 1999 to select a contractor for various projects. Staff plans to have the Board adopt a proclamation on March 9, 1999 declaring the week of March 21-27, 1999 as "Exotics Control Week." FISCAL IMPACT: Staff recommends that County Departments develop and fund exotic control plans for County- owned properties. The budgetary impacts of these plans should be determined as part of the FY99/00 Budget process. Funding for the current FY98/99 budget is approximately $215,000. GROV~'TH MANAGEMENT IMPACT: Policy 6.4.3 of the Conservation and Coastal Management Element requires new developments to submit and implement plans for exotic removal and long-term control. RECOMMENDATION: That the Board (1) re-affirm the current code requirements regulating invasive exotic plants; (2) continue to provide funds for exotic removal on County-owned properties; (3) direct staff to develop exotic removal and control plans for County properties; and (4) develop informational packets for residential homeowners as they receive their building permits. PREPARED BY: .,;,~z2_.q_,.~z(~ ~ Date: ,~l~irn D. L0renz,'~r., P.E.,,';'N"~iural Resources Director ,zl~lichelle Arnold, Code Enforcement Director Bob Mulhere,'AICP, Planning Services Director Vincent A. Cautero, AICP, Administrator Community Development & Environmental Services F E B 2 3 1999 ... ol ... Invasive Exotic Plants in Collier County Report to the Collier County Board of County Commissioners Collier County Natural Resources Department February 1999 FEB 2 3 Invasive Exotic Staff Report Plants in Collier County February. 1999 Introduction and Purpose On January 12, 1999, the Collier County Board of County Commissioners directed staff - ~.-. to provide a report on the nature and problems of invasive exotic plants in Collier County. This report summarizes these problems and identifies the operational and regulatory actions that the County is taking to reduce the problems associated with these types of plants. Considerations 1. [Vhat are btvasive Exotic Plants? .._ l. nvasive exotic plants are those plants that are not native to Florida and because of their invasive qualities decade our natural habitats. Essentially, invasive exotic plants are the "weeds" of our natural landscapes (Langeland, 1998). These w~ds form self-sustaining populations within our natural plant communities and ultimately eliminate the desirable plants that comprise these natural areas. We are then left with an unnatural area flail of "xveeds" that has lost many of its desirable qualities. Ivlany of these "weeds" have adverse ecological and economic impact and may pose severe public health and safer2..' concerns. Not all non-native plants have the same invasive qualities. The Florida Exotic Pest Plant Council (Appendix A) lists 65 plants as Category I (non-native invasive plants that are currently disrupting natiw.. plant communities) and 61 plants as Category II (non-native plants that have the potential to disrupt native plant communities). Collier County identifies 11 species as "prohibited exotics" (Appendix B). These species have been found to pose the most severe ecolo~cal economic health and '--- safety concerns for the residential and natural areas of Collier County. FEB 2 a 1999 Page -2- Invasive Exotic Staff Report Plants in Collier County February 1999 2. Problems from Invasive Exotic .Plants a. Ecological Invasive exotic plants have been introduced into south Florida for a variety of reasons'. Malaleuca ~vas introduced into Lee County near Estero in the early 198 century as a landscape plant and began to invade the area's natural habitats shortly thereafter (Laroche, 1994). Brazilian pepper was also introduced as an ornamental and surveys by the South Florida Water Management District now indicate that Brazilian pepper is the most widespread exotic plant in the state. (Ferriter, 1997). Australian pine has a similar history and was planted extensively in the southern haft of the state beginning in the late 1800's CLangeland, 1998). Invasive exotic plants usually form one-species stands where six or more native species would have Fo~vn. These "monocultures" lack the native diversity. and reduce the area's ability to support its native birds and animals. For example, birds and mammals are adversely affected by dense stands of melaleuca which crowd out vegetation and habitats that support endangered and threatened ~vildlife species. Dense stands of melaleuca in the Everglades conservation areas are suspected of reducing the habitats of endangered Wood Stork (Laroche, 1994). Additionally, the nutritional value of melaleuca has been found to be less desirable than native forage species for deer, a prey species that is an important food source for the Florida panther (Laroche, 1994). Birds that feed excessively on the berries from Brazilian pepper become impaired and are unable to fly (Morton, 1979). This phenomenon is now suspected as the cause of some former massive bird kills in the state. Local residents raising horses should be aware that horses can acquire dermatitis from the trees and can be affected by intestinal compaction and fatal colic from eating ~een berries (Morton, 1979). FEB 2 3 1999 Page -3- Invasive Exotic Staff Report Plants in Collier County February 1999 "' Contrary to popular belief, Australian pines located along the coastal shoreline actually contribute to long-term erosion resulting in the loss of our beaches and coastal habitats. The shade and leaf litter from Australian pines prevent more desirable plants from becoming established. For example, sea oats are more effective in stabilizing beach and dunes systems because of their deep roots. Conversely, the root system of Australian pines are very shallow leading to the tree being undermined by wave action and eventually uprooted by hi~Lh winds. This in turn adversely affects the ability of sea turtles to successfully nest among the fallen trees that liner the beaches. b. Economic Impacts Eco-tourism provides a major economic benefit to Collier County. The elimination of habitat reduces the population of plants and animals that many people, both temporary visitors and peganent residents, find interesting and .-- unique to south Florida. For example, where people could once enjoy the sight of wading birds feeding in a natural wetland, melaleuca no~v grows so thick that birds can no longer use this area. Likewise, Brazilian pepper growing along a coastal waterway shields the public's view of the natural beauty and wildlife of a mangrove swamp. In both instances, controlling the invasive exotics allo~vs our local residents and visitors to enjoy our area's natural environment. Allowing invasive exotics to destroy our natural areas would negatively impact the local industries that have come to rely upon eco-tourism. The County's permanent residents would also lose those experiences that they have come to enjoy. In order to protect the state's natural areas and the benefits those areas provide to tourists and permanent residents alike, public agencies in Florida have spent millions of dollars to control invasive exotics. The National Park Service has spend almost 3 million dollars in the Big Cypress National Reserve to control large stands of melaleuca. Last year, state agencies spent over S300,000 in state preserves and recreation areas within Collier County. These expenditure:; are ^ss u FEB 2 3 1999 ]>age -.4- P~. ~ 2 Invasive Exotic Staff Report Plants in Collier County February. 1999 likened to investments that must be protected to ensure the pubhc receives a proper return on its money. A continuing and comprehensive effort to control invasive exotics within the County's urbanizing and rural areas is necessary, to reduce the ultimate costs of controlling exotics in the adjoining natural areas. c. Health Several of the invasive exotic plants constitute potential health hazards to people. For instance, the pollen of melaleuca is estimated to adversely affect 20% of the population in PaLm Beach County (Diamond and Davis, 1991). A relative of poison ivy, Brazilian pepper can cause skin irritation from its sap. Children who eat the berries experience digestive upsets and vomiting. The major problems caused by BraziLian pepper, however, are respiratory difficulties which occur while the tree is in bloom. These adverse health impacts include sinus and n~al congestion, rifts, headache, sneezing, eye irritation, tightness in the chest and labored breathing (2Morton, 1979). d. Safety Dense strands of melaleuca and Brazilian pepper pose an extreme fire hazard to residents living in close proximity to these areas. The volatile oils and resins contained in melaleuca create fires that bum with Feat intensity and are more difficult to control (Flowers, 1991). The Melaleuca Management Plan notes fnat melaleuca colonization of southern Florida results in buildings "surrounded bv a gigantic melaleuca torch waiting to be lit" and cited Lee and Collier Counties as examples of this condition (Laroche, 1994). Dense stands of Brazilian pepper add to the problem by impeding ready access to areas requiring fire suppression. Australian pines also present a hazard to people and property. During Hurricane Andrew several areas in the County received damage from fallen Australian pines. Fommately, no one was injured. Emergency Management' officials, however, continue to be concerned with the problems these trees will cause during attire No, F h B 2 3 1999 Page -5- p~. Invasive Exotic Staff Report Plants in Collier County February 1999 storms, including the public's safety during the storm, the blocking of road~vays during the post-disaster stage, and the increased cost of debris clean-up and removal during the recovery period. The public safety issues associated with these invasive exotics justify a strong local commitment to administer programs and regulations that result in removing these trees from improved and unimproved properties where the plants present a health and safety condition. The County should therefore continue to require the removal of invasive exotic plants as a public safety issue, in addition to the ecological and economical impacts noted above. 3. Regulatory Requirements For more than 20 years, Collier County has regulated the planting and removal of invasive exotics (Appendix B). Highlights of the current regulations are summarized below: A. The County, identifies 11 species as "Prohibited Exotics": 1. Air Potato (Dioscorea bulbifera) 2. Australian Pine (Any member of the family Casuarinaceae) 3. Brazilian Pepper (Schinus terebinthifolius) 4. Catclaw Mimosa (Mimosa pigra) 5. Climbing Fern (Lygodium spp.) 6. Dox~my Rosemyrtle (Rhodomyrms tomentosus) 7. Earleaf Acacia (Acacia auficuliformis) 8. Java Plum (Syzygium cumini) 9. Lather Leaf (Colubrina asiatica) 10. Melaleuca (Melaleuca spp) 11. Woman's Tongue (Albizia lebbeck) B. Prohibited exotic vegetation shall be removed: 1) From all rig~hts-of-way, ,-,, common area tracts not proposed for development and easements prior to preliminary acceptance of the phase of the required subdivision improveme ts FEB ))~) ~ Pa~e -6- Pq. ~ Invasive Exotic Staff Report Plants in Collier County February 1999 and 2) From within the associated phase of the final site development plan prior to the issuance of a certificate of occupancy. C. Prohibited exotics shall be removod from single-family and two-family lots for all new principal dwelling units. D. The accumulation of prohibited exotics is prohibited on unimproved property. in any recorded subdivision except Golden Gate Estates when located within 20 feet of a public right-of-way, on unimproved property in any recorded subdivision when located within 200 feet of improved property or on unimproved property in any recorded subdivision when located within 500' of improved property. when such accumulation has aided or is likely to continue to aid in the concealment or commission or facilitate the commission of criminal acts. 4. County Government ~:otic removal efforts Within the last three years, Collier County has spent $487,000 for invasive exo~cs removal. Major projects include: 1. Clam Bay Conservation Area S120,000 2. Stormwater conveyance system $194,000 3. Parks and Recreation sites S173,000 For this fiscal year, the various departments have budgeted more than S215,000 for exotics removal Mth Parks and Recreation expecting to spend $180,000 at numerous park sites and the Stormwater Department $35,000 to complete its Brazilian pepper ditch bank clearing propam. Small exotics removal projects are also planned by several other departments in the spring of this year. By the end of FY98/99, Collier County will have spent an average of $175,500 per year for exotics removal du.ring the preceding four years. F E B 3 199 Page -7- Invasive Exotic Staff Report Plants in Collier County February. 1999 The County also applies its Land Development Code requirements for exotics removal to its own capital projects. Recent examples include the South Pond Effluent Ponds and the Noah Water Plant where melaleuca had to be removed from the sites resulting from improvements made to the' properties. For Golden Gate Community Park, Brazilian pepper between the soccer field and the canal had to be removed in order to permit the construction of new lighting in the park. These requirements are also applied to new residential subdivisions daring infrastructure improvements, and all other new construction during Site Development Plan (SDP) authorized improvements. In such cases, exotics must be removed as the development phases are completed. For subdivisions which were approved prior to the establishment of the County's invasive exotic removal requirements, removal of invasive exotics is required prior to the issuance of a Certificate of Occupancy for each residential structure. FEB 2 3 1999 Page -8- pg. /o ._ Invasive Exotic Staff Report Plants in Collier County. Februa~ 1999 Summary and Recommendations Invasive exotic plants cause many ecological, economic, health and safety problems ~-. within Collier 'County. The health and safety problems warrant the County to take an aggressive approach to control the importation and spread of these plants within its jurisdictional boundaries. Controlling invasive exotics benefits the area's ecolo~cal systems and supports the expenditures of public moneys for exotic control efforts in nearby federal and state preserve and recreational areas. Of particular concern are those species of plants that cause problems during hurricane conditions or intensify wildfires, especially in the rural areas such as Golden Gate Estates. For the past 20 years, Collier County has recognized these problems and has adopted a set of regulations that are in the interest of the public's health, safety and welfare. Th. ese regulations restrict the importation and spread of selected invasive exotics and rec2u!re development to remove these species as a condition of the respective development permits. Additionally, the County has spent $487,000 for the last three years and plans to spend an additional $215,00 this fiscal year. Thus, the County will have spent S702,000 for the preceding four years at the end of FY98/99 to remove invasive exotics. The current regulations appropriately address the problems caused by invasive exotics in Collier County and should not be reduced. Various Collier County departments b-ave budgeted funds to remove invasive exotic plants on Collier County properties. 'Fr. ese funding levels should be sustained to ensure the County provides a leadership role for '~s effort. The most critical factor in achieving measurable success in our invasive exotic removal program is the development and implementation of an exotic removal mainten~ce program. Once funds have been expended to render a property exotic free, it is both ecologically and economically critical to maintain the property in an exotic free ,:zte. No. FEB 2 3 1999 Page -9- Invasive Exotic Staff Report Plants in Collier Count, February 1999 Currently, at either the rezone or the Platting or SDP submittal stage of a project (as may be appropriate), the County requires the submission of a "reinvasion prevention plan". This plan is required to describe control techniques and inspection intervals and is intended to be implemented in conjunction with a phased removal schedule if appropriate. Accordingly, staff suggests that the County also prepare removal and reinfestation plans for all improved County-owned properties. Finally, staff recommends that the County continue to provide informational materials to County residents concerning the problems of invasive exotic plants. An informational packet could be developed and distributed to residents at the time of permitting. The purpose of this material would be to inform the residents of the need to keep their properties exotics flee and provide information on various control techniques and their costs, especially the increased cost of removing large trees versus the cost of continual maintenance. FEB :8 8 1999 Page -lO- p~. 7.~. Invasive Exotic Staff Report Plants in Collier County February 1999 References Cited Diamond, C., Davis, D. & D. C. Schmitz. 1991. In: Proceedings of the Symposium of Exotic Pest Plants, Technical Report NPS/NREVER/RETR-91/06, November 2-4, 1988, University of Miami, Rosentiel School of Marine and Atomosphere ,:' Science, pp. 87-110. Ferriter, A. 1997. Brazilian Pepper Management Plan for Florida. Recommendations from the Brazilian Pepper Task Force, Florida Exotic Pest Plant Council. Flowers, J. D. 1991. "Subtropical fire suppression in Melaleuca aquinquenervia." In Proc. Of the Symposium on Exotic Pest Plants, held on November 2-4, 1988, Miami, Florida. (T.D. Center, R.F. Doren, R. L. Hofstetter, R.L. Myers, and L.D. Whiteaker) pp. 151-158. NPS/NREVER/NRTR-91/06 Tech. Report, U.S. Department of the Interior, National Park Service, Denver, Colorado. Langland, K.A. 1998. Help Protect Florida's Natural Areas from Non-native Invasive Plants. Florida Cooperative Extension Service/Institute of Food and Agricultural Science, University of Florida, Gainesville, Florida. Circular 1204. Laroche, F. B. et. al. 1994. Melaleuca Management Plan for Florida. Exotic Pest Plant Council. April 1994, Second Edition. 88 pp. Morton, J..F., 1979. Brazilian Pepper - Its Impact on People, Animals and the Environment. Econ. Bot. 32(4): 353-359. -EB 2 3 1999 Page -11- Invasive Exotic Staff Report Plants in Collier County February 1999 Appendix A ~~ Exotic Pest Plant Council's 1999 List of Florida's Most Invasive Species Purpose: to focus attention on.' The impacts exotic pest plants have on native bio-diversity in Florida ecosystems. The impact of exotic pest plants on the integrity of native plant community functions. Habitat losses due to exotic plant infestations. The impacts of exotic plants on endangered species via habitat loss and alteration (e.g., Cape Sable seaside sparrow). The need to prevent such losses by comprehensive management for exotic pest plants. The socioeconomic impacts of exotic pest plants (e.g., increased wildfires in Melaleuca). Changes in the seriousness of different exotic pest plants over time. The need to provide information that will help managers set priorities for management. Definitions: Exotic-a non-indigenous species, or one introduced to this state, either purposefully or accidentally. A naturalized exotic. such as those listed here, has escaped into the wild where it reproduces on its own either sexually or asexually. Native-a species already occurring in Florida at the time of European contact (1500). Invasive- a variable condition defined by the category, to which the species is assigned. Abbreviations used: for "Government listed": P=Prohibited by Fla. Dept. of Environmental Protection, N=Noxious weed as listed by Fla. Dept. of Agriculture & Consumer Services and/or U.S. Department of Agriculture. For information on distributions within Florida, see: Error! Bookmark not defined. For other information, see the forthcoming book: Langeland, K. A. and K. Craddock Burks (editors). 1999. Identification & Biology of Non-native Plants of Florida's Natural Areas. Production is supported by 14 federal and private agencies, including Florida EPPC. Stay tuned to this web page for news on its availablity. Category I-Species that are invading and disrupting native plant communities in Florida. This definition does not rely on the economic se~'erity or geographic range of the problem, but on the documented ecological damage caused. Scientific Name Common Name FLEP Government PC Listed Rank A brus precatorius rosary pea I ,4cacia auriculiformis earleaf acacia I ,4lbizia julibrissin mimosa, silk tree I ,4lbizia lebbeck woman's tongue I Ardisia crenata (= A. crenulata coral ardisia I ) ,4rdisia elliptica (=,4. humills) shoebutton ardisia I Asparagus densi~orus asparagus fern I Bauhinia variegata orchid tree I Bischo~a javanica bischo~a I Calophyllum antillanum (=C. santa maria (names "mast wood," I calaba; C. inophyllum, often "Atexandrian laurel" used in N~.~t,~C~ misapplied in cultivation) cultivation) V E B 2 3 1999 Page -12- __ Pg. /~___.__ Invasive Exotic Staff Report Plants in Collier County February. 1999 Casuarina equisetifolia Australian pine I P Casuarina glauca suckering Australian pine I P Cestrum diurnum day jessamine I Cinnamomum camphora camphor-tree ! Colocasia esculenta wild taro ] Colubrina asiatica lather leaf I Cupaniopsis anacardioides carrotwood I Dioscorea data winged yam I ':' Dioscorea bulbifera air-potato I Eichhornia crassipes water hyacinth I P Eugenia unifiora Surinam cherry I Ficus microcarpa (F. nitida laurel fig I andF. retusa var. nitida misappliedj Hydrilla verticillata hydrilla I P, N Hygrophila polysperma green hygro I P, N Hymenachne amplexicaulis West Indian marsh grass I Imperata cylindrica (troperata cogon grass I N brasiliensis misapplied) Ipomoea aquatica water spinach I P, N Jasminum dichotomum Gold Coast jasmine ] Jasminum ~uminense jasmine I Lantana camara lantana, shrub verbena I Ligustrum sinense Chinese privet, hedge privet ] Lonicera japonica Japanese honeysuckle I Lygodium japonicum Japanese climbing fern I Lygodium microphyllum Old World climbing fern I Macfadyena unguis-cati cat's claw vine I Melaleuca quinquenervia melaleuca, paper bark I P, N Melia azedarach Chinaberry I Mimosa pigra catclaw mimosa I P,N Nandina domestica nandina, heavenly bamboo I Nephrolepis cordzfolia sword fern I Nephrolepis multiflora Asian sword fern I Neyraudia reynaudiana Burma reed: cane grass I Paederia cruddasiana sewer vine, onion vine I Paederia foetida skunk vine I Panicum repens torpedo grass I Pennisetum purpureum Napier grass I Pistia stratiotes water lettuce I P Psidium cattleianum (=P. strawberry guava I littorale) Psidium guajava guava I Pueraria montana (=P. lobata} kudzu I N Rhodomyrtus tomentosa downy rose-myrtle I Rhoeo spathacea (=R. discolor; oyster plant I Tradescantia spathacea) Sapium sebiferum popcorn tree, Chinese tallow tree I N Scaevola sericea (=Scaevola scaevola, half-flower, beach I taccada var. sericea, S. naupaka frutescens} Scheffiera actinophylla scheffiera, Queensland umbrella I (=Brassaia actinophylla) tree Schinus terebinthifolius Brazilian pepper I ~D, N NAO?E~M/ Senna pendula (= Cassia climbing cassia, Christmas cassia, I F E B 2 3 1999 Page -13- Invasive Exotic Staff Report Plants in Collier County February 1999 coluteoides) Christmas senna Solanum tampicense (=S. aquatic soda apple I houstonii) Solanum torvum turkey berry I N Solanum viarum tropical soda apple I N Syzygium cumini jambolan, Java plum I Tectaria incisa incised halberd fern I Thespesia populnea seaside mahoe I Tradescantia ~uminensis white-flowered wandering jew I Urochloa mutica ( = Brachiaria Par' grass I mutica) Category II---Species that have shown a potential to disrupt native plant communities. These species may become ranked as Caregot); I, but have not yet demonstrated disruption of natural Florida communin'es. Scientific Name Common Name FLEP Government PC Listed Rank A denan th era pavon ina red sandalwood II Agave sisdana sisal hemp II Aleurites fordii tung oil tree H Alstonia macrophylla devil-tree H A ltern an th era ph iloxero ides a lliga to r we ed II P Anredera leptostachya Madeira vine H Antigonon leptopus coral vine H Aristolochia littoralis calico flower II Asystasia gangetica Ganges primrose II Begonia cucullata begonia II Broussonetia papyrifera paper mulberry Callisia fragrans inch plant, spironema II Casuarina cunninghamiana Australian pine H P Cereus undatus (=Hylocereus night-blooming cereus II undatus) Clerodendrum bungel strong-scented glorybower H Cryptostegia madagascariensis rubber vine II Cyperus alternifolius (=C umbrella plant H involucratus) Cyperus prolifer dwarf papyrus II Dalbergia sissoo Indian rosewood, sissoo H Eleagnus pungens thorny eleagnus H Enterolobium contortisilquum ear-pod tree Epipremnum pinnatum cv. pothos II A ureum Ficus altissima false banyan II FlacourHa indica governor's plum II Flueggea virosa Chinese waterberry H Hibiscus tihaceus mahoe, sea hibiscus H Hiptage benghalensis hiprage H Jasminum sambac Arabian jasmine H Koelreuteria elegans golden rain tree II Leucaena leucocephala lead tree H Ligustrum lucidum glossy privet II Livistona chinensis Chinese fan palm H Melinis minuti~ora molasses grass H Merremia tuberosa wood-rose H 14 . ~,.. _ Page-14- FEB 2 3 1999 Invasive Exotic Staff Report Plants in Collier County. February 1999 Murraya paniculata orange-jessamine II Myriophyllum spicatum Eurasian water-milfoil II P Ochrosia parvifiora (=0. ]copsia II elliptica) Oeceoclades maculata Found orchid Paspalum notatum Bahia grass II Passifiora biflora twin-~owered passion vine Passi~ora foetida stinking passion-flower II ':' Phoenix reclinata Senegal date palm II Phyllostachys aurea golden bamboo Pteris vittata Chinese brake II Ptychosperma elegans solitary palm II Rhynchelytrum repens Natal grass II Riccinus communis castor bean H Rueilia brittoniana (=R. Mexican petunia H tweediana) Sansevieria hyacinthoides (=S. bowstring hemp H trifasciata) Sesbania punicea purple sesban, rattlebox H Solanum diphyllum twinleaf nightshade H Solanum jamaicense Jamiaca nightshade H Syngonium podophyllum arrowhead vine II Syzygium jambos rose-apple H Termindia catappa tropical almond II Tribulus cistoides puncture vine, burnut II Triphasia tr~foliata lime berry II Urena lobata Caesar's weed II Wedella trilobata wedella II Wisteria sinensis Chinese wisteria Xanthosoma sagittifolium malanga, elephant ear The 1999 list was prepared by the FLEPPC, Exotic Pest Plant List Committee: Daniel F. Austin (CO-CHAIR) Department of Biological Sciences Florida Atlantic University. Boca Raton, FL 33431 Kathy Craddock Burks (CO-CHAIR) lnvasive Plant Management Florida Department of Environmental Protection 3915 Commonwealth Blvd., MS 710 Tallahassee, FL 32399 Nancy Coile Florida Department of Agriculture and Consumer Services Div. of Plant Industry P.O. Box 147100 Gainesville, FL 32614 James Duquesnel Florida Park Service Florida Department of Environmental Protection P.O. Box 487, Key Largo, FL 33037 AGE M David Hall No. ~ Consulting botanist F E e 2 3 1999 Page -15- Invasive Exotic Staff Report Plants in Collier Coun~ February 1999 6241 N.W. 23rd St. Gainesville, FL 32653 Theodore O. Hendrickson Consulting botanist 1112 N.E. 2nd St. Ft. Lauderdale, FL 33301 Ken Langeland Center for Aquatic and Invasive Plants, IFAS, University of Florida 7922 N,W. 71 st St., Gainesville, FL 32606 Joe Maguire Department of Natural Areas Management Miami-Dade County 111 N.W. 1st St., Ste. 1310, Miami, FL 33128 Mark McMahon Restoration consultant P.O. Box 380726 Miami, FL 33238 Robert Pemberton Agricultural Research Station, U.S. Department of Agriculture 2305 College Ave. Ft. Lauderdale, FL 33314 Daniel B. Ward Department of Botany 220 Ban-ram Hall, University. of Florida Gainesville, FL 32611 Richard P. Wunderlin Department of Biological Sciences University. of South Florida Tampa, FL 33620 F E B 3 1999 Page -16- Invasive Exotic Staff Report Plants in Collier County Februa~ 1999 Appendix B COLLIER COUNTY'S EXOTIC PLANT REGULATIONS (1975-1996) 05/06/75 ORD #75-21 Permit fee not required to remove AP, ME & BP [Section 7.A] 09/25/79 ORD #79-73 Exotic plant (BP & ME) removal required during imtial clearing of each development phase of phases. Unlawful to engage in the sale, planting or Inter-coVnty transportation of live exotics and seeds thereof. [amends ORD #76-30, Section 8] 01/29/80 ORD #80-19 AP, ME & BP removal shall be exempt from the Coastal Setback Line Variance Procedure. [amends ORD #75-19, Section 3] 01/11/82 ORE) #82-2 [Repeals ORD #76-30] Prohibited trees. The following trees are specifically prohibited from use for meeting any landscape requirement: PM, AP, ET, ME, CT, BP, & JT. [Section 8.30.a.7] 05/25/82 ORD #82-37 Exotic plant (BP & ME) removal required during initial clearing of each development phase or phases. Unla~vful to engage in the sale, planting or Inter-county transportation of live exotics and seeds thereof. [emergency ordinance] 11/09/82 ORD#82-113 Prohibited exotic plants are defined as the following: BP, ME, DR, & AP. [amends OKD #82-37, Section 1] 07/31/89 ORD #89-41 Revegetation shall be accomplished with pre-existing species or other suitable species except those that are considered undesirable exotic species. The following undesirable exotic species shall not be replanted or propagated: AP, BI, BP, CB, CP, CS, D J, HR, ME, QU & TW. [Amends ORD #82-2, ST Section] 08/07/89 ORD #89-49 Following a site development, a maintenance program shall be implemented to prevent reinvasion of the site by exotic species. The plan shall describe control techniques and inspection intervals, shall be filed with and subject to approval by the County. [amends ORD #82-2, PUD Section] 08/07/89 ORD #89-50 .... [amends ORD #82-2, ST Section] 08/07/89 ORD #89-51 .... [amends ORD #82-2, PU Section] 08/07/89 ORD #89-53 .... [amends ORD #82-37, Section 1 .b & ORD #82-2, SDP Section] 08/14/89 ORD #89-57 Prohibited Species - The fullowing species are specifically prohibited from use for meeting any landscape requirement: PM, AP, ET, ME, CT, BP, J'F, DR, & BI. This list shall be subject to reinvasion as exotic species are determined to cause environmental compromise through invasive potential to native habi~ ar~. or AGE I~' be delrimental to human health or safety. [amends ORD #82-2, Section 8.30.a.7] n ~ o. r E B 2 3 1999 Page -17- Invasive Exotic Staff Report Plants in Collier Count' February 1999 09/29/89 ORE) #89-63 Following a site development, a maintenance program shall be implemented to prevent reinvasion of the site by exotic species. The plan shall describe control techniques and inspection intervals, shall be filled with and subject to approval by the County. [amends ORD #82-2, S~MP Section] 06/21/91 ORD #91-47 The accumulation of prohibited exotic plants (AP, ME, BP, DR) in excess of 18" in height is hereby prohibited and declared to be a public nuisance when located upon any unimproved propercy in the county ':' where the exotics are located within a 200' radius of any improved property located in a subdivision. [Section 11 .c] The accumulation of prohibited exotic plants (AP, ME, BP, DR) in excess of 18" in height is hereby prohibited and declared to be a public nuisance when located upon any unimproved property in a subdivision except Golden Gate Estates, which condition is 20' from a public fight of way and is not within a subdivision. [Section 11 .b] The accumulation of prohibited exotic plants (AP, ME, BP, DR) in excess of 18" in height is hereby prohibited and declared to be a public nuisance when such condition is located on any unimproved property which is 500' of improved property when such accumulation has aided or is likely to continue to aid in the concealment or commission or facilitate the commission of criminal acts if such accumulation is not abated. [Section 11 .d] 10/30/91 ORD #91-102 [Repeals ORE) #82-2] Revegetation shall be accomplished with pre-existing species except that undesirable exotic species shah not be replanted or propagated. Exotic species included are the following: AP, BI, BP,/VIE, DR, EA, CM, & JP. [Subsection 2.2.24.3.2.d][repeals ORE) #89-41] Prohibited Species - The following species are specifically prohibited from use for meeting any landscape requirement: ET, ME, CT, BP, DR, BI, AI, JP, CM, EA, IR, EU, & SO. This list shall be subject to revision as exotic species are determined to cause environmental compromise through invasive potential to native habitats, or be detrimental to human health or safety.[Subsection 2.4.4.8]Irepeals ORD #89-57] Prohibited exotic species. In addition to the prohibitions outlined pertaining to prohibited species, the following species or seeds thereof shall not be grown, offered for sale, or transported Inter-county or Intra- county: ME, BP, AP, & DR. [Subsection 2.4.4.9][repeals ORD #82-37, as amended] A vegetation removal fee is not required to remove the following prohibited exotic vegetation from developed property or from undeveloped property after a vegetation removal permit has been issued: AP, ME, BP, EA, CM, JP, DR, & WT. [Subsection 3.9.6.4.1] Prohibited exotic vegetation removal and methods of removal shall be conducted in accordance with the specific provisions regarding prohibited exotic vegetation removal in each local development order. [Subsection 3.9.6.6.1]Irepeals ORD #89-53] Protection of native vegetation, according to the applicable provisions of Division 3.9 shall be required during exotic vegetation removal. [Section 3.9.9.6.2] Prohibited exotic vegetation shall be removed: 1) From all rights-of-way, common area Incts not proposed for development and easements prior to proposed for development and easements prior to preliminary acceptance of the phase of the required subdivision improvements and 2) From within the associated phase of the fmal site development plan prior to the issuance of a certificate of occupancy. [Subsection 3.9.6.6.3]Jamends ORD #82-37] Verification of prohibited exotic vegetation removal shall be performed by the Development Servic, :s Director's field representative. [Subsection 3.9.6.6.4] r E B 2 3 1999 Page -18- Invasive Exotic Staff Report Plants in Collier County, February 1999 Herbicides utilized in the removal of prohibited exotic vegetation shall have been approved by the U.S. Environmental Protection Agency, and a visual tracer dye shall be applied. [Subsection 3.9.6.6.5] When prohibited exotic vegetation is removed, but the base of the vegetation remains, the base shall be treated with an U.S. Environmental Protection Agency approved herbicide and a visual tracer dye shall be applied. [Subsection 3.9.6.6.4.2] A maintenance plan shall be submined to the Development Services Director for review on sites which require prohibited exotic vegetation removal prior to the issuance of the local development order. This maintenance plan shall describe specific techniques to prevent reinvasion by prohibited exotic vegetation of the site in perpetuity. This maintenance plan shall be implemented on a yearly basis at a minimum. Issuance of the local development order shall be contingent upon approval of the maintenance plan. Noncompliance with this plan shall constitute violation of Division 3.9. The Development Services Director's field representative shall inspect sites periodically after issuance of the certificate of occupancy, or other final acceptance, for compliance with Division 3.9. [Subsection 3.9.6.6.5][repeals ORD #89-49] In addition to the other requirements of Division 3.9, the applicant shall be required to remove on single- family and two-family lots for all new principal dwelling units, all prohibited exotic vegetation before a certificate of occupancy is granted. The removal of prohibited exotic vegetation shall be required in perpetuity. Upon issuance of a vegetation removal permit, prohibited exotic vegetation may be removed from lots which are zoned residential single-family estates, village residential, and mobile home, prior to issuance of a building permit. [Subsection 3.9.6.6.6][repeals ORD #82-37, as amended] Disposal of exotic vegetation. The disposal of the prohibited exotic vegetation after removal shall be approved as a part of the local development order. Disposal sites may include, but not limited to mulching facilities at the Collier Counv:' landfill. [Subsection 3.9.6.6.7] Non code trees. The following plant species may be planted, but shall not count toward required code trees: EU & SO. [Section 2.4]. Control species. The following plant species shall not be planted within 500 feet of conservation easements and retained natural vegetation areas: PM +TW. [Section 24.4.10]. Prohibited species. The following plant species shall not be planted: ET, CT, BI, AI, IR, CI & SH. This list shall be subject to revision as exotic plant species are determined to be noxious, invasive, cause environmental degradation to native habitats or to be detrimental to human health, safety, or the public welfare. [Section 2.4.4.11 ]. Prohibited exotic species. In addition to the prohibitions outlined in section 2.4.4.11, the following species or seeds thereof shall not be grown, offered for sale, or transported inter-county or intra-county: ME, BP, AP, DR, AR, LL, CF, CM, EA, W'I', & FM. [Section 2.4.4.12]. KEY AI = Australian inkberry (Scavola fi'utescens) ET = Ear tree (Entc-olobium cyclocarpum) AP = Australian pine (Casuarina spp.) EU = Eucalyptus (Eucalyptus spp.) AR =Air potato (Dioscorea bulbifera) HR = Hunters robe (Raphidophora aurea) BI = Bishopwood (Bischofia javanica) IR = Indian rosewood (Dalbergia sissoo) BP = Brazilian pepper (Schinus terebinthifolius) JP = Java plum (Syzygium cumini) CB = Castor bean CRiccinus communis) JT = Jamaican tall palm (Cocos nucifera) CF = Climbing Fem (Lygodium spp)LF = Laurel Fig (Ficus microcarpa) CI = Chinese Tallow Tree (Sapium sebifemm) LL = Lather leaf (Colubrina asiatica) CM = Catclaw mimosa (Mimosa pigra) ME = Melaleuca (Melaleuca quinquener ~a) CP = Common papaya (Carica papaya) PM = Paper mulberry (Broussonetia uAo?~,~9,Y/ CS = Common snake plant (Sanseviera trifasciata papyrifera) F E D a 1999 Pa~e -19- pg._ ~ Invasive Exotic Staff Report Plants in Collier Count' FebruaO' 1999 CT = Chinabern] tree (Melia azedarach) QU = Queensland umbrella tree (Schefflera actinophylla) DJ = Day jassamine (Cestrum diumum) SH = Shoebutton ardisia (Ardisia elliptica) DR = Downy rosemyrtle (Rhodomyrrus tomentosa) SO = Silk oak (Grevillea robusta) EA = Earleaf acacia (Acacia auriculiformis) TW = Trailing Wedella (Wedella trilobata) WT = Woman's tongue (Albizia lebbeck) F E e 2 3 1999 Page -20- INVASIVE EXOTIC PLANTS IN COLLIER COUNTY EPTAB Exotic Plant Subcommittee Report January, 1997 Exotic Plant Subcommittee: Chuck Ray, Chairman Bradley Corneli Nancy Payton Staff Liaison: Kimberly Polen FEB 2 3 1999 ,, ' AGEN ; · SBIMAR Y: Collier C{ :~ '. like all of South Florida, has ~6~ be4::'-: % ~red a serious infesistion or ': ' : : Th'~.~. plants, which include predominantly S~cies such as Melaleuca, Brazilian mvas~vc exotic plants. ,.. Pepper, Australian Pine; Water Hyacinth, and Hydrilla'(and over 100 others to varying l~ser degrees), arc ~ ' respons~le for very significant health, safety, economic and environmental problems th'ougho~ the : --'- county. They are spreading rapidly and thus there is strong impetus to more aggressively address exotics ,: control issues now to m inimiz~ greater future expe'hses and problems for all. - ' ' '- ' · '~: Melaleuca and Brazilian Pepper are major sources'o? year-round all~rgenS to much of our'~:itizemy~ ~ resulting in much higher health care costs ahd serious health problems for ~ome people. Melaleuca poses ,:1 a very serious fire' hazard to'lx;th~tructures' and 'nag ~eas dde t6/hg ~gh volatility ~'its oily l~vesZ · Navigation, flood ~f0ntr61, in~l r~cr~tioh'ge'comNomised'b3; i~V~i~t~'~xotics choking the' ~tater ~d "' banks of canals, i'ivers and lakes.-Real estate Values suffer gr~a~y when exotics ai-e l~r~/ii h'~'l/e' :: ~ - quantifies, ~nd buyers imd sdlers'~familiar:~th ihe'sl~cies ak¢ es'~cially vulnerable. Arid i~ry one of : our very unique natural areas is increasingly ~Ct~i by the spr~d ofthes~ '.noxio~s p]a~ts ':~ flora and fauna habitat diminishes in quantity and quality~'which also impacts loudsin and oth~r ~tm'e- "=' -based r~reation: :.-~ ::: -:T '~j: :-: ':- -~ -.: :- -: '~ :' -: L.' '~ "' ':~." ' ~'-"' ."" "'= '- " ........' '-'. '-~ -.' "., · . ........... . - - .. :~ .: ~,:~..:=:..;%'::.:.:. :..::.:.~; --~: :E':.:'.:.z..~..~',:.-.': ': ........,..~. .. .. .'..' .. ....... 'Collier Co~ty has' recbgni~ed, 'since '1975, this. igb~ l~i'bblen~' fla~6~h ~i'l~iggres~ion ~:[grai~an~s and policies which attempt to crab the 'spread of theSi plants~ misst fi/;f~bl); th~ LDC and the Lii~er, Weeds, ' ~ and Exotics Ordinance. Site inspect/ons by both staff and EPTAB show enforcement has been good for new projects except some County prol~rties, bt/t ~oo? for po~t..~dri~-uction monitoring 'Th~r~'is ~:;t. awareness, generally, ofwha't' the worst"species look like, how to get.rid of them, and what'expense is ~ involved. There also is a lack era spe6ific, c0mprehensi~'e, ann effficient'Exotics Control Or~6e."' i -.. ... :.- -.--, .-..--.: ":' .. --' . . The El'TAB recommendations are summarized below (please al'so see attached Appendix E which shows. ·: a Cost Prioritization of Spec~c Recommendations): - .. ; .: :.: .. 1. Educate the public, g0vemment, arid landsCape/nursery industry On .recognit~o.n,.. eradica~on : methods, assistance sources, and legal requirements. ' ' ....:'.' '" 2. Adopt a comprehensive Exotics Ordinance to target non--const~.Ction problems which Code : Compliance staff must pursue..- : ." .: 5-.. . .:" :~:., .: :' ..:. · . . _.- .- -. . -..:-.-... '3.' Improve enforcemint of pertinent ordinan~e's'thi'o'u~'i b~th ~oi~liai~ce incenti~,g/fle~'bihty, .... . · .:. -~ and through increased enforcement field support (volunteer and staff).. 'a peratio ,,hiA or · ~ 4. Actively pursue fundine/assistance:for con~ol efforts through ) coo ,: resources with other agencies and organizations; b) application for public and private grants; c) ~ cultivation of volunteer help where. applicable (labor is the single bigges. t eradication expense).. ~ .: ~.. . -- ...: 5. Assure exotics removal on County prc;p~e~.'-'" ............:- ......... . . _ ~ : 6. Support research by'other entities on ben~r'c6ntr~l methocis~'(Lobb] fo~-'a fu~l 'gigl6gi~.al"': ... = control quarantine facility .in South Fierich, ~'~hi~'~6~tea f6 l:g,'ahd fedex:al fu~din~'fo~USDZ~. .--.. -.' . .".,. . ~ . .:.~:"'.':.~i'.'.' ,',. :!- ,.~ ':~::.' :."'..,:':,: "-."..::: .,~: .". '.':: ". .:.:.:' ":' . ~..: '. ~'.::..'.'.:. Many of the specific recommendations found in the report have minimal budget impacts, and others . '.': which do, such as'the'education initiative, are good candi~te~ for ~p~t. ign 'with othe? inVolv~l . ~- entities, or grant ftmding.' .The ~'ep6rt emphasizes building c6'rn~t:y support for in~ai~,/~'iXc~ti~s~gntrol -, ... ., .:!.: ............. . '1~ .. . . ..... ' ' '' ~:~' " .... "2' " .'..:' ~ .". · :' ' ii ' ' ':' ' ..... ' .. - . ..~ .... ~ ~ . . :- _ ::~' .. ': · - ,_ · . ~ . .- '..'. - . ,'. y. .;_"' ... '_. '.- . . · . - ... -. -; _-.' .,.. . ..... Melaleuca ~Melaleuca qulnquentrvia) in particular has altered vast areas of the Everglades by replacing native ~ree iSlinds, sawgrass marshes and other habitats. The mature trees typically form impassable jungles of light blocking stands which virtually eliminate other plant species. The stands have limited wildlife value and reduce species diversity by as much as 60-80~/I (Center, 1995). They are known to impact a number ofcndangerM or threatened species including Florida panther, wood stork, Big Cypress fox squirrel and others. The loss ofmore than 28 square miles of habitat per year is one of great significance to wildlife. Melaleuca has been most critical to control where ind/vidual tre~s or outlicrs exist (not the monocultures) which is the initial entry into an ecosystem. This is where the spe,eies spreads the fastest Ovlel. Mgmt. Ha.u, 1994). Less thoroughly documented are the impacts of other exotics, especially Brazilian pepper ($Mnus terebinthlfolius). This plant is in the same famiTy as poison oak and poison ivy. It has bn'lliant red berries and sometimes is referred to as Christmas holly. The colorful berries may have been respons~ie for its importation as a decorative plant specimen In the Florida environment such imports are free of predators, natural enemies and other constraints, so are free to flourish and out-compete native plant communities. Brazilian pepper has altered tile appearance of Collier county by dominating often eliminating native species on public rights of way, agricultural lands, undeveloped areas and older subdivisions. Infestations appear to commence along roads and other fights of way at field margins and in other areas where native plant communities have been disturbed by earth moving. From that foothold, they spread to the interiors oftmused lands. : Australian pines (Casuarirta sppO grow quickly to perhaps 50 feet in ten years, and 100 feet by the age of 20. A steady rain of seed from the original colordzer creates a car~t ofseedlings under the canopy. : x The sprouting plants are just about the only ones able to survive in the darkened and chemically altered : -'~ environment A great example ofthis takeover is what should be one 6fthe Naples are:a's environmental , shoWplaces, Keywaydln Island. From a boat on the Intercoastal Waterway between Naples and Marco '- Island you will see no a show place anchored by mangroves, one of our most important native plants, but : instead miles of shoreline where mangroves have been crowded out by Australian pines. Some other less well-known, bt.ec potentially harmful invasive species are earleaf acacia (Acacia auriculifortrds), lather leaf (Colubdna asiatica), air potato ('Dioscorea bulbif era), woman's fongxte · (Albizia lebbeck), climbing fern (Lygodium microphyllum), downy rosemyrtle (Rhodosrtyrtus tomentosus), java plum (Syza'gium curttin/), and catclaw mimosa (Mimosa pigra). They are lesser known only to a complacent population; to even the amateur ecologist they are symbols of a scourge, and · all of them are now prohibited species here in Collier County. Yet many of these exotics are seen as valued specimens in yards of all our sub-divisions. Aquatic species, including water hyacinth (Eichhornia ctass£pes) and hydrilla (Hydrilla vera~illata) cause great damage to navigation and drainage as well as reduce biodiversity and oxygen levels in water. Appendix A lists the most serious of invasive species. The present county list of prohibited species : should be expanded to include several other recently introduced pi. ants just becoming reco~iTt'd as potentially serious problems. Asparag'us fern (Asparagus densi~orus), the pervasive grotmdcover wedelia (Wedella th'lobata), carrotwood (Cupaniopsis anacardioides), and laurel fig (Hcus trdcrocarpa) are just a few examples. r : FEB ~ ,,, ~gl. ~ " ' PI' · , o, ~'. In 1982 si~ificant ordi!'----.'_T '~ w~re enacted to con~ol the spread ~ ......:ious exotic plants. Australian . pine, mclaleuca, Bra. zilian"l.~pper, paper mulberry, carlcar acacia, ane chinaberry u'ee could not bc used to meet landscape requirements (OR.D//82-2). Brazilian pepper and melaleuca (ORD #82-37] were · required to bc cleared from the property during the development phase, just a.s in ORD//79-73 (the ca.rlicr ',---- version ofthc same ordinance). The requirements were well-intended, but failed to consider reinvasion , of the property. In 1989 amendments were passed mandating that maintenance programs including control techniques be developed, approved by the county, and implemented through the Planned Unit : ' Development ('PUD) section (OtLD #89--49) and the Site Development Plan (SDP) section (ORD #.89-43). .) - Despite the above efforts, noxious exotics continued their'inVasion of ColHer County's native habitats. .-- Amendments in 1991 (I.~nd Development Code~ ORD #91-102) attempted to limit the impact that i noxjous exotjcs growing on unimproved land, common areas, Hghts--of-way, and easements could have on , improved or developed property (required by ordinance (o be noxious exotic-free). 'LA.lso recogrx~ng the importance of native species, the 199I amendments protected native vegetation during the removal of : exotics. , : In 1996, amendments adopted, and being considered (see the revised Litlet, 'Weeds and Exotics ' Ordinance) may strengthen the ordinances pertaining to exotics On Hg~ts-of-ways and all easements on ~ improved property within subdivisions as well as u.njmproved properties abutting improved properties. Also the list ofprohibited exotics has been expanded, in addition to Australian pine, melaleuca, Brazilian pepper, earleaf acacia, catclaw mimosa, Java plum, and downy rosemyrtle, to now include women's tongue, lather leaf, air potato, and climbing fern. Unfortunately, because of large exemptions, economic ~ diftqculties related to mandatory eradication, and inef)icEent treatment ofexotics; the Litter, Weeds and : ' Exotics Ordinance is still not a good comprehensive exotics regulatory tool. -: ', "" For a complete I'dstory of Collier County's exotic plant regulations, please.see th~ chart in Appendix B. Development review process outlined: As detailed by Mjke K.(rby, former Environjmental Complian~,e , Investigator for Collier County's Code Enforcement section, and Clyde Fugate and John D~'Martino in Engineering Inspections, a series of inspections by engineering and code enforcement representatives is used to ensure exotics removal on developed property, both public and private. In all cases, developed properties are to be maintained exotics-free in perpetuity. ~ For new. subdivisions, all prod'biter exotics are required to be removed before acceptance is given. A ~ bond is posted and accepted by Collier County and engineering inspections are done for all subdivision improvements. Exotics must be removed in all rights-of-way, preserves, common areas, and water ';.. management areas. Inspections occur for preliminary approval and agaha for final acceptance, and then -I periodic follow-up inspections until the planned unit development (PUD) phase is built out Atmual PUD : monitoring reports are filed which should reflect the ~nd~r~gs of the follow-up inspections--exotics are -~, now part of the monitoring Once final acceptance has been given, '~m exotics management plan must be ~ filed with the County and respons~ility is-transferred from the developer to the subdivision homeo',~ers' · s. association. .. ,2 .. ~ For site development plan proiects. with.ha the above subdivisions, an exotics removal inspection is '.,. required before any certificates of occupancy are issued. : ..,.-.. . -... ' ' ...... ' - ~ i.-"'-'- .... ~o. ~. FEB ... '|{ .... ~. ~/~ ~ · _ :'. ' where these trees pose r 'y threats to the significant native ha~::" there, but also threats to the ! health and safety of those/"io~dents due to intense fire hazards and respiratory and skin allergy problems. .: Conclusions on LoCal Re~latorv Tools: Collier County has basically very progressive and potentially ~ effective rules to help eradicale pest plants locally. The County should continue to update its list of , proh~ited species, but should do so in coordination with the Florida Exotic Pest Plant Councirs List oJ : Florida's Most Invasive Species CEPPC, annually updated). Both the present and newly revised versions : of the Litter, Weeds and Exotics Ordinance are not fully effective vehicles for controlling the exotic plant : situation here. A separate ordinance really is needed to target invasive exotics issues specifically. The · F problem is most acute in areas l~e Golden Gate Estates. Exemptions of certain area~ fi'om exotic ., removal requirements, and the lack of education and assistance are major difficulties. I. The unsatisfactory state ofm/intenance on properties which should be exotics-flee, as evidenced in the recent EPTAB/Staff inspections, indicates Collier County needs to improve its follow-up inspection process. Since projects are generally complying at the outset, it seems to fall to Code Compliance to beef ! up their monitoring and complaint response procedures. At present, all complaints cannot be acted upon, and no systematic monitoring takes place anywhere. Current staffing appears to be inadequate for this task, and education and volunteer utilization could offer tremendous help. : -~ Because of the great expense of enforcement actions and actual clearing, both public and private local agencies must better educate and involve the citizenry (including themselves) in control efforts. ': Volunteer programs involving county-v, ide code-compliance monitoring, removal assistance (technical j advice and help, labor, possrole financial), .and obtaining grant money directed toward these goals should -4 be pursue& While regulatory requirements are necessary, the disproportionately g/eat expense required ' ~ ofsingle family home owners demands that flexibility plus more incentives and assistance be utilized in: .i -, eradicating a difficult problem in Collier County. ' ! , VI. Management Strategies in Collier County " z This is "where the rubber meets the road". A summary of control methods currently in use in Collier : County will lead to some policy recommendations in this area. Also, considerable attention has been paid to economic utilization of some of these species, especially melaleuca, to help provide incentive to · : harvest and thereby control their spread. An unfommately short list of practical options will be noted ' below. Controls Available: Exotic plants are currently controlled or managed in one or more of the following ... ways: 1) biological control, 2) mechw. ical control, 3) physical control, or 4) herbicidal control ('Mel. Mgmt. Plan). ~ BiologiCal control involves the use of natural enemies' of the targeted species, including insects. . pathogens and other host-specific herbivorous organisms. Without bio-controls, it is difficult to see how ': well-established species like melaleUca and Brazilian pepper could ever be subdued. There are too many ..-.. d- " acres of them. 'For example, Ted Center of the US Department of Agriculture (USDA) research center in Ft. Lauderdale reports that an insect will be released before 1997 which devours new growths on '~ melaleuc:a. This insect comes from Australia and is the result of research efforts at the USDA's · .~ laboratory there. Because it only eats new shoots, it will not kill host trees, but it will slow the spread of .~ more plants because the flowers are consume& Bio-control is' ' elop · :1 for Horida's most troublesome species, but it is probably the terrr~.°t ' . FEB 1997 '.i' Local Aquatic Weed Control Efforts "' Bruce McNall, of the County Stormwater Management Dept, is systematically spraying heroicides anll cutting back all growth along all canals which are in the county's maintenance respons~ility (about 278 miles). This targets both terrestrial species as well as aquatic, including Brazilian pepper, downy rosemyrtle, Australian pine, melaleuca, water hyacinth, hydrilla, and torpedo grass. The program has been motivated chiefly by the need for unimpeded flood control fictions ofthese canals, and the results thus far appear positive. One note of caution is that heroicidal control of aquatic weeds in our canals, where the exotics problem is the worst, can cause trouble if the volume of plato materiM is so great that their death creates a large fish kill. Appropriate use ofmechanical harvesting and adjusting the frequency orspraying can rn~n[m[7~. this haTard. An interesting recent development is the use of a type of carp by the South Florida Water Mam~emeaI District to help control invasive aquafics. Management Summary There is hope of developing better control methods such as biological controls in the near future, and Collier County should support this research in every way poss~le. Also, 'tests are continuing on the use of broadcast foliar herbicidal treatments which will be environmentally benign and more economical. -.' -Success requires technical and economical feas~ility, as well as health, safety and ecological a..~m'ances. In the meantime, battles must be chosen appropriately with the short-leg tools i:urrently azt hand- herbicidal, mechanical and physical methods. .: _: Continuous coordination and dialogue amongst all agencies and entities respons~Ie for exotic weed " control is a critical factor in l:~th the development and implementation ofthe best comprehensive control strategies. This includes the effective dissemination of this information, along with providing all the economic incentives poss~le, to individual homeomen and businesses out there doing it themselves. Management is achieved through both prevention and cure. Thus we must not only control spefi~ already escaped from cultivation, but recognize the dangers from all potentially invasive exotics. History and the present condition of the natural landscape prove this has not been done well in the past. : VE CONCLUSION AND RECO~L'~vLENDATIONS Collier County has not been spa.red the onslaught of a literal arm)' of invasive exotic plants quickly spreading throughout the entire state of Horida. These plants, most notably including melaleuca, Brazilian pepper and Australian pine (although the list goes on to a mlnimum of 116 species), threaten the health, safety and economic well-being of our citizens, and are exacting a humbling toll on every one of ": our unique natural ecosystems. The County has roanS,' of the basic tools it needs to combat these intruders, but it lacks much ofthe · awareness and public education required for a truly cooperative effort from all of its citize ~/"' such cooperation and knowlettge are requirements for mounting Im pervasive problem. Complacency will only result in further de I there is e 8 1997 ~ While the bulk of the acreage is being addressed by state and fedagencies, ' 10 FEB 2 3 1999 ' ~ g'q)) / - ........... . ~' ordinances, erad/catior" _: ' "ods available, and sources for assisL ~:i:: 7".Coordination with the Exotic Pest --'. Plant Council CEPPC) ana,,.,r other entities would bc most efficient. c.' Training sessions should be conducted for, and required of, all commercial nursery and ~: landscaping operations in Collier County. These ought to be coordinated with other agency staffs. The ,~' focus should be on reducing or eliminating invasive exotics usage (the EPPC category I list) as ',,,'ell as ... cultivating another informal/on source for the public. 'i d. All homeowners' associations and/or hpmeowners who are assuming PUD phase management ;-' respons~ilities (upon th~ County's final acceptance of the developer's executed duties) should be g/yen .,,- orientation sessions on the specifics of those respons~ilities, includ./ng maintenance of exotic-flee public ~ areas and consen,at/on areas. This should be done just before the actual final acceptance is g~vc'n to the a developer in order to offer the homeowners an informed inspection opportunity. ~. e. Establish an Exotics Control Hotline phone number to call to help all businesses and residents : with any aspect of the issue. This should be a joint project with the Cooperative Extension Service and the EPPC. ~.~ 5. Volunteer help needed. Every effort should be made to encourage voltmteer help with any reasonable aspect of exotics control, from county-wide clearing projects to follow.-up monitoring assistance (organized "complaint" system ofmordtoring). Naples "Melaleuca Day" and the Briggs Nature Center volunteer eradication programs are examples of effective volunteer efforts. Tb./s also provides great educational value. ,~ 6. Utilization of"harvest" and other incentives for removal must be encc;uraged. Melaleuca in particular has been demonstrated to be economically feasible to harvest for making landscape mulch, This reduces -:: the cost of removal and provides incentive as well. Other uses should be pursued as research makes thet6 "d available, and economic incentives to eradicate, apart from or in add/don to regulatory requh'ements. -.,, must be provided for private landowners. This is especially important in older d~;,'eloped areas 'where.. ' exotics removal was not/nit/ally required. a. Subsidized tipping fees for exotics debris. To help implement this, make it a condition of the _ any contracts subsequently issued or renewed with both the landfill operator and the mulch/ng contractor. b. Tax credits for voluntary clearing and maintenance of private property. c. Encourage melaleuca mulch (which is readily available both commercially and produced within a vegetative debris mix at the County's own mulching operations) on private property and on all :. public projects. .i,. d. Considerrequiring a percentage ofexolics removal anytime a property clu.nges hands. -~, (Allowing the presence of exotics to fig'ure in real estate market value provides incentive to remove.) .~ e. Consider adding ~ E.??C's 30 or so Category I l/st of most invasive weeds to the county's := landscape prohibit/on lis% or even the removal list, in the Land Development Code. ~ f. Establish a homeoxvner ass/stance program, especially for residents of Golden Gate Estates to :::' help either financially or technically w/th exotics removal. At the same time, do not exempt such areas from exotics prohibitions (such as presently found in the Liner, Weed and Exotics Ordinance.) - .,: '..:~ 7. ColHer County must a__.~essivelv remove exotics and maintain its own properties as an example, if not to conform with its own regulations. g. Actively seek funding; sources for eradication efforts. This includes application for .grants from all ..~ sources, and solicitation of labor ass/stance, either through intern prograrn~ l iv,__~d-n ric~ · i research projects, or through outri_vj.ht volunteers. Labor co~ts ar~_~/t ex in era '1:2 FEB .......... ~.- :. ;::'~: -' ' REFERENCES :.~ , Center, Ted D., J. H. Frank, and F. A. Dray. "Biological Invasions: Stemming the Tide in Florida." : Florida Entomolot:,'ist March, 1995, 78(1): 45-55. Diamond, C., Davis, D., and Sckmitz, D.C. "Economic Impact Statement: The Addition of'Melaleuca Quin. quenervia to the Florida Prohibited Aquatic Plant List." (Technical Report N'PS/NREVERfN'RTR-91/06), in: Proceedings of the Symposium on Exotic Pest Plants. November 2-4, 1988, Un.{versity of Miami, Rosenstiel School of Marine and Atmospheric Science, pp. 87-110. "'- Exotic Pest Plant Council. "1995 List of FI orida's Most l. nvasive Species." March 16, 1995. i Initial Report of the Govemor's Commission ?or a Sustainable South Florida. by Richard Pettigew, Chairman. Coral Gables, FL. October 1, 1995, pp. 78-82. ,, Laroche, Francois B., ed. Mela]euca Management Plan for Florida: Recommendations from the Melaleuca Task Force of the Exotic Pest Plant Council. April, 1994, Second Edition. 'i Morton, Julia. "Brazilian Pepper -- Its knpact on People, Animals and the Environment." Economic · Botany 1978.32 (4): 353-359. Plunkerr, C. "Jacksonville Manages the Melaleuca Menace." Ent,'ineer Update 1994. lg (4): 5. University of Florida. IFAS Circular 868. .... AGEN :>' · "o. · . 14 F E .8 1997 -': FEB 2 3 1999 "~ ': .... p~...T,O -' A? .c. 2 8 ': · ' EXO~ ~C PEST PLANT COUNCIL'S 1~95 LiST OF FLORIDA'S .. MOSt'.. INVASIVE SPECIES3 F, LAK~iN3- PURPOSE: To focus attention ~': 1). 'the impacts exotic pest plants hav~ c~ bicdiversi~' ~ inherentinimpactedsystems; 2).thcimpactofexOticplantsontheintegrit):ornativeph,nt . : commurtity composition and function;-3). h~bic~t losses du~ to exodc plant ~nfest~dc, ns; 4). : impacts of exotic plants c~ endangered spes:.ies primarily due to habitat loss and a.hcratk, n (e.g., ". :. Cape Sable Urnside .sFr6~;,'); 5)..the need 'to Fev.ent haSitat loss ~ alterati6.n_by cbrnpre.hensh'e' .- -. management for exouc pest plants; 6). the sociccconomic impacts of exodc pest plants (e.g., . .. '; increased wildfire inter, sit)' and frequency'in Meldeuca); .7). changes in the seriousness of pest'- .{ .... . : plants and to.indicate which are the worst problems: and 8). 'informing 'and educating'resour~ '. .... ;,I' managers about which'species'dese.rve Iobe m6nitored, a.gd to help mana~e/'s set l:,dorities for ' .' ~ managemenL . . -,' - '. .' . '....: .....- - =-:-,- :-:,..;j :-. ....,.'... i~ ' ,i .- . .:.-. -: ' ' -: '=.;' ':-.:'...:- ..-' ::. .: ") , .'. :, --.': '-: f.':;~.~':-:-:-:):..: ::::'."i.~."..: ~ · ' ' ' ! · ' .... "" "~:'; °"' ""~' ' '- ~ ' ' ': ' ' " " ' " ' ": ';::':'~ ' "':":' "" :' '.'.::',-I ' : ' doe3 r~t'rtly on tl:t tcotwrrdc 3tverir), oftht pro&Itm and tht $toyophk ~rea covert& &at tJ~tprovt~ dearage c~v~L .. ..... .... : Category II --$'pedes t~ kavc ~Ecr~'n a potenthi to htrudc ~ and dircul~ na.t~ve plant commtr_,i~es. $peciex htrve a rt~l t~ter. ticl to become category I ranked. but l~v~'not yet in~:adtcl i. anazcl FloF. d.a " ~ cornanunitie$. *. "' Abras precatt;rius (rosz.D' pea) , 12 ) · · . Acacia auriculiforn',is (easeear acacia) 'I 3 ' " c ".- · Ardi. da crenu!an (=A. ctenata) (coral ard/sia) 14 ~' . Ardisia elliptica (=A. humtits) (shoebuuon ardisia) .- I.s ., Asparagus densi~orus (aspasagus fern) - . ] 6 Bischofiajav~:nica fbischofia) · " " it 7':' :- ' 'Brachiaria mutlca (P'~ grass) I 8 Calophylhmt cat,~ (=C. inophyllurn of authors) (mast wc:~, ..- .. ... -- Alex~ri~ labtel) I Cassia coluteoides (=Ser~ pendula) (climbit~g cassia, Christm~ cassia, Christmas senna) I I n -' ; Casuarina equtsedfdia (:C. litorea) (Austr~ian pine) - I ~ 1 :. .~ '" . Casuarina glauca (suckering Australian pine) I ~: ... . .. Cestrum diurnura (day jasmine) '- I ~ -'- ','- Cirtru:momumcamphora(~_.unphor-trce) I1~ .-: j.-" ColocasZa esculenta (taro) , ' '. I i.s ' ' := Colubrlna aslazica (lather le/) ' I 3 ,:'.. Cupaniopsis at. at ardioides (carro twocd) I 17 ~ : Dioscorea bulbif era (air-potato) ' : ' ' ' "I · a Eic~omia cras.ffpes (water hyacinth) I-P!~ ~ Eugenia uni~oi'a ($urinatn cherry) .. 12o .. 2 Ficus rdcrocarpa (=F. nltida; =F. retusa vat. t~t~) (laurel fig) I ' ' Hydn'lla verticil/n'~_ (h}~rilla) j I-P22 ..~-- : HygropHlapolysperma (green h)'gro) ~ ~.s '~Z/ I-1~ ~ , ^GEU ' · .c' "...' ' '- No. ' ~ . ~'- . -' ... . -.' . · .- "' -'-"':F (3 a a ~ .' . ..-. -' - . . · ..: ,~ --o .. ~1 .: ,- ; .. . " :' .'--.-".. ' '.. :".. " %- . -- .i- ~ ' -*' 't". ..... -' .. As)'stasia gangetica (Ganges primrc;se) II 69 : Bauha'nia ~'iegata (orchid tree) 11.70 ' Broussonetia pap. vrifera (paper mulberry.') 1I '7 Callls£afreagrans (inch plant, spironema) II ' Casuarina cut'.rdnghandana (Australian pine) ' Oreus undatus (nigh~-blccn'ning cereus) ll Cr)ptosteg~a madagascariensis (rubber. vine) II ' Daibergia sissoo (Indian dalbergia,.sissoo) -II . D1bscorea a/axa ()'am) II 77 ... Enterolobium contortisliquum (eat-t:x:~ tree) II 7s I Eplprernnumpinnatum cv. Aureum (pothos) -- II . £ucal)ptus carnaldulerisis (Murray red gum) 11 so Fieus altissirna (false ban)an) 11 · ' Fic~ benghalensis (Bengal fig) .: , II 82 , Ficus ben. lamina (weeping fig) ': I1 s3 .. Ficus Ulig~osa Ct:o ~' .~) ' ' --II :- F/acoun/a/neffca (govem0r'.s plum) II ss Flueggea virosa (f'luegr:ea) ' -' II s6 : Hibiscus tiliace,.ts (mahoe) 11 H.>ptage bengb. alensi. s (hyptage) II Jasminum swnbac (Arabian jasmine) . I1 s9 Koelreuteria elegans (golden shower tree) lI 90 ~ Leucaena leucocephala (lead tree) 11 la~gustrurnjaponicum (Japane.,,,e privet): II · Ligustrum lucidurn (Chinese l:>dvet) II 9:~. -' · Melira's minutifiora (molasses grass). II ' ' ) Merremia tuberosa (wc, c:d-rose). -. II " .MurrcO'apaniczda~ta (6ra.nge-jasmine) II 96 .. M).ffophyllum ~icatura (Eurasian water-milfoil) II-P 9'7 . btephrolepis multiflora (A sian sword fern) 'II 9g - Ochrosiapo. mifiora (=0. elliptica) (kopsia) I1 Paederk2 cradd..,ffana (sk-unk vine. onion vine) II 100 Pas~i~orafoetida (stinking passion-flower) II 10~ Pittosporum pemat. dr'am (pinosporum) II Pinosporum robira (Japanese pittosporum, pinosporum) II I03 "' Rhynchelytrum repe~ (Natal grass) II 104 Sansevieria hyaHntkoides (=S. trifasciata) (bowstring hemp)II 105 Solanum diphyllun. (twinJeaf nightshade) II 106 ~ . .. S. yngonium podophy!lum (arrowhead vine) II 10'7 .- SyzS'glum jardoos (rose-apple) II Te rt rd nal ia cat c~ pa ( tro~ cal almo~) II ~ Tribulus cistoides (puncture vine) II .. Trfphasfa trifoliata (lime ben3') II ~ Urena lobata (Caesar's weed) '. Wedella trilob~a (v.'edelia) " II 113 . Wisteria sincrisis (Ckinese v;isteria) II :' TOTAL CATEGORY'II=e - ' .,. TOTAL r- 116 ~?~ . lr~~ " ~. - . - F 8 ~ FEB .~ / . .'.. APPENDIX E ~'~: ' Cost Prioritization of Specific Recommendations · Specific Recommendations W}u'ch Reouirc Little or No Additional Funding or Are Policy Initiatives r, --. Only:. '~ 1. Cog. rdination ofe.lT. orts ~Sth other entities world.'ng on invasiv¢ .cxotj.cs. .,-~ 2. Assist any re,search efforts tl'trough either direct contributions of staff time or money, or through pg. li.ti_c.a.! l.o.bb~ng .o.n .b.e.h!_lf pf.ot.h.er .en..tit. i_es d_oing .r .e .s .e .a. r ,c h,. . A bgo-.c.on. .o! .q r.a.n..tin..e f.a. BBy i.s "' priority. · ' ....-., - ~ ' .3..a..Cg;J.e.c.t 9_.n fg.r .e g D .s .e _d !j.e.~_d p.r.opggj.e.s 9..n W.e.e_d vj.'p~.tig..~., p.u. gi_n.g mg~y in .e.x.9.tj.'.c.s ..cgt:J.e enforcement. :..=. 3b. Improve the inspection system to achieve uniform and computerized tracking of all inspections. ~ (Already addressed to senior management). 3c. Public inspection records need to be better organized and access~le to all. (Addressed to senior · ., .management). .,.4 3d. Clarify and ensure that exotics management plans get incorporated into homeowners' associations chartcrs when responsibilities arc transferred from the developer. .-. ._/ 4a. Real estate value "exotics impact disclosure" should be included in all real catate ~ansactions. · :* 6c. Encourage melaleuca mulch on both private and public landscaping projects. ,-, 11. Provide an Exotics Removal Fund Donation Box to check on all property tax bills, to benefit ..-s ! :-.' education and eradication. ' } ~ - -2.. -~ ' .Specific Recommendations Which Require Moderate Budgetary Investment: · '; 3e. Improve the currently non-existent follow-up inspection process for code enforcement, utilizing both volunteers and staff (also could be a larger' investment, depending on percentage ofvoluntccrism). · 4b. Produce and distn"butc a clear exotics information brochure. (Also 'coordinate with other entities). '- 4c. Conduct exotics reduction training sessions for all commercial nursery and landscaping operations in ,-.. Collier County. This should also be coordinated with entities.· 4d. Orientation sessions for all homeowners' associations and others assuming exotics managcmc:n.t ~ respons~ilities. ~ 4e. Establish an Exotics Con~ol Hotline phone number to call for all businesses ani:l residents. Coordinate tkis with EPPC and Cooperative Extension Service. 'g 5. Utilize volunteer help in every way reasonable: county-wide exotics clearing days, follow-up exotics :-.. ~ code enforcement monitoring assistance, educational riocents, etc. ~ 6a. Subsidize landfill (mulcking) tipping fees for exotics debris. :: 8. Actively seek funding sources for cradication efforts, includinggrafits, solicitatioa oiiat~s~,!l~lp~From ~ -. ' interns and volunteers, or other public funds. "°' ~ g E B 2 3 1999 Specific Recommendations Which Require More Significant Budgetary Investment: 3e. Improve follow-up inspection system for code enforcement efforts, using bot sc~ (budget depending on degree ofvolunteerism). "' : ' . · -- - ...... . ................ -.- _ ._ EXECUTIVE SUMMARY REQUEST TO AUTHORIZE DREDGING OF CLAM PASS AND THE CLAM BAY SYSTEM AND ATTENDANT PLACEMENT OF MATERIAL IN ADVANCE OF FORMAL ACTION TO GRANT REQUIRED COASTAL CONSTRUCTION SETBACK LINE VARIANCES. OBJECTIVE: To facilitate contractual obligations and time flames to initiate the dredging construction program at Pelican Bay Clam Pass and Clam Pass system. CONSIDERATIONS: The Pelican Bay Services Department has have stated that the contractual obligations and time frames to expedite the dredging of Clam Pass will be irreparably affected if they are prohibited from initiating the work until March 9, 1999 when a formal request will be heard to grant variances to the Coastal Construction Control Line required of the dredging and spoils placement program relative to CCSL requirements. Staff were unable to arrange to have the CCSL variance scheduled prior to March 9, 1999 due to required advertising time frames. Nevertheless, staff has developed a set of development conditions that will be presented as part of our recommendation to grant the variances on March 9, 1999. We have reviewed these with the Pelican Bay Services Department staff and they do not object to these conditions. FISCAL IMPACT: The fiscal impact for Bid #98-2901 is $495,770.00. Of this amount $118,025.00 is being funded through TDC funds, under cost Center 195-110406 and Project #80222. The remaining amount of $377,745.00 is being funded on a 50/50 bases between the Pelican Bay Services Department and WCI. Pelican Bay Services Department funds are available in Fund 320, Cost Center 183801 and 183802. GROWTH MANAGEMENT IMPACT: This approval as conditional will be consistent with applicable provisions of the Growth Management Plan. 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. RECOMMENDATION: That the Collier County Board of County Commissioners authorize initiating the work program attendant to the dredging of the Clam Pass and the Clam Bay system subject to the following conditions' 1. All proposed improvements shall be conducted in accordance with the standards of the Florida Department of Environmental Protection (FDEP) Division of Beaches and Shores and the U.S. Army Corps of Engineers (ACOE). 2. Construction activities shall not occur within one hundred (100) feet of the sea turtle nesting zone, defined by Collier County Land Development Code Division 3.10, between May 1 - October 31, sea turtle nesting season, without first submitting and obtaining FDEP and Collier County Construction in Sea Turtle Nesting Area Permits. 3. Petitioner shall notify Current Planning Environmental staff one week prior to commencing work seaward of the CCSL and shall again contact staff within one week following completion of work seaward of the CCSL. 4. Outdoor lighting associated with construction, or development within three hundred (300) feet of the high tide line, shall be in compliance with Division 3.10 of the Collier County Land Development Code. 5. Petitioner shall utilize only native coastal dune vegetation for all on-site landscaping beyond the 1974 Coastal Construction Control Line. 6. Petitioner shall re-vegetate the dune where the dune is cleared of coastal dune/strand vegetation with species appropriate to that specific area (i.e. fore-dune or back dune). A re-vegetation plan shall be submitted to and approved by Collier County Current Planning Environmental staff, prior to the start of any clearing in disposal sites 2 or 3. 7. Petitioner shall install appropriate signs in the re-vegetation area indicating that beach users are requested not to intrude into this re-vegetation area. 8. Petitioner shall submit a Gopher tortoise survey and relocation/management plan along with a plan to barricade the work area from Gopher tortoise in the immediate vicinity. This relocation plan (which shall include a requirement that all burrows, with the exception of collapsed or unmistakably abandoned burrows, be excavated for tortoise and comensals) shall be reviewed and approved by Collier County Planning Services Environmental staff, prior to commencing any tortoise relocation work. 9. Petitioner shall submit copies of all approved agency permits, or letters from the agency stating ?"' that they are not required for this project (i.e. FGFWFC Gopher tortoise in~:idenk~o.~ttat~,,~' relocation permits, USACOE permit and required modifications, FDEP permit anii req modifications) prior to the beginning of any site work seaward of the CCSL. FEB 2 3 1999 2 10. Petitioner shall remove all exotic vegetation from the conservation easement in accordance with the Collier County Land Development Code Section 3.9.6.6., and shall continue the existing annual maintenance requirement for exotic removal. 11. Approval of this CCSL variance does not obviate the petitioner from obtaining all necessary local permits and development order approvals (i.e. Vegetation Removal Permits, Vehicle on the Beach Permits, Sea Turtle permits). 12. Minor revisions to Coastal Construction Setback Line Variance CCSL-99-1 (including changes in disposal site locations if they cause less environmental impacts) may be approved in writing, by the Planning Services Director or his/her designee. R ALD F. NINO, AICP DATE CURRENT PLANNING MANAGER REVIEWED BY: I~OBERT J. MULHERE, AICP DATE PLANNING SERVICES DEPARTMENT DIRECTOR APPR~//~ ~ . ~//'-'~ 7 VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEV. AND ENVIRONMENTAL SVCS. CLAM PASS DREDGING EX SUMMARY/md 3 F E B 2 3 1999 ...__.t:,.q. ~ EXECUTIVE SUMMARY PETITION NO. C-99-2-, GOLDEN GATE AREA CHAMBER OF COMMERCE, REQUSESTING PERMIT TO CONDUCT A FESTIVAL (FRONTIER DAYS) FROM FEBRUARY 26 THROUGH 28, 1999, ON COUNTY OWNED PROPERTY WEST OF THE GOLDEN GATE COMML~NITY PARK: OBJECTIVE: Golden Gate Area Chamber of Commerce, is requesting that the Board of County Commissioners approve a permit to conduct a carnival from February 26 through 28, 1999, on County owned property west of the Golden Gate Community Park. CONSIDERATIONS: Golden Gate Area Chamber of Commerce has made application to the Board of Count Commissioners for a permit to conduct their annual carnival (Frontier Days). Golden Gate Area Chamber of Commerce has presented sufficient evidence that all the criteria has been met for the issuance of a carnival permit. FISCAL IMPACT: A non-refundable $200.00 permit application fee to cover the cost of processing and required inspections has been paid to the County. Since the Golden Gate Area Chamber of Commerce has signed an agreement with the Collier County Real Property Division and a $200.00 deposit has been given to the Golden Gate Community Center for clean up costs, if the Chamber fails to restore the site back to the original condition, the County holds no liability. GROWTH MANAGEMENT IMPACT: None RECOi~IIVIENDATION: That the Board of County Commissioners approve the permit to conduct the annual Golden Gate Area Chamber of Commerce carnival (Frontier Days). PREPARED Ronald F. Nino2 ~/2P DATE Current Planning Manager D BY: '~ \2, -C1 paCP DAtE PLANNING SERVICES DIRECTOR APPROVED BY' ~/' ~ ~INCE ERO, ADIVITNISTRATOR DATE CONg~IUNITY DEV. AND ENVIRONIVEENTAL SVCS. FEB 2 8 --- Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt Trans Number ' Date '!Post Date , Pa~_yment Slip Nbr !116073 .02/11/1999 11:16:30AM !02/11/1999 ~MS 48755 Payor: GOLDEN GATE FESTIVAL INC Fee Information Fee Code Description ', GL Account Amount Waived 11CIRC : FAIR &CIRCUS PERMITS ..... ~ 11313890034122000000 $200.00 Total $200.00 Payments , Payment Code Account/Check Number Amount CHECK 218 $200.00 Total Cash $0.00 Total Non-Cash $200.00 Total Paid $200.00 Memo: C-99-2 Golden Gate Chamber of Commerce Festival Cashier/location: TERILLA J / 1 User: MARTIN C Collier County Board of County Commissioners Printed:02/il/l~/eE~l 'lrZ,1~:sft3~lJ1 CD-Plus for Windows 95/NT Permit No. PEP~MIT FOR C.4Yd'4IVAL EXHIBITION STATE OF FLORIDA: COL~TY OF COLLIER: WHEREAS, Wesley G. Bates of the Golden Gate Chamber of Commerce, has made application to the Board of County Commissioners of Collier County, Florida. for a permit to conduct a carnival or exhibition: and WHEREAS. Wesley G. Bates of the Golden Gate Chamber of Commerce, has presented ~o the Board sufficient evidence and sureW that such carnival or exhibition will be conducted according to the lawful requirements and conditions; NOW. THEREFORE, THIS PERMIT IS HEREBY GRANTED TO the Golden Gate Chamber of Commerce to conduct a carnival or exhibition on February. 26 through 28, 1999. in accordance with the terms and conditions set forth is the petitioner's application and all related documents, attached hereto and incorporated herein for the following described propert}': Tract 115. Unit 4, Golden Gate Subdivision, as shown on the Plat thereof as recorded in Plat Book 5, Page 109, as recorded in the Official Records of Collier County, Florida. WITNESS my hand as Chairwoman of said Board and Seal of said County, attested by the Clerk of Courts in and for said County. this ~ day of ,1999. ATTEST: BO.~RD OF COUNTTY COMMISSIONERS: DWIGHT E. BROCK. Clerk COLLIER COUNTY, FLORIDA: PAMELA S. MAC'KIE. CHAIRWOMA_N Approved as to Form and Legal Sufficiency: Mar3one~,l. Student Assistant County AUomey f<C-99-02 1999 ~ore completinq this Copy: Fe~lLloli~r Petition. Copy: (2) County Manager CARNIVAL OPERATION PETITION PETITION NO. Pi IONER'S NAME: ~DEr/L~ _t_~i;7"'6 C~~&__~F PETITIONER'S ADDRESS: 3~7 5~ ~,?F TELEPHONE: . PROPERTY O~ER'S N~E: ~e~A~ ~P C~?~ C~ ~; ~ ~,'~ UE&~ . PROPERTY O~ER'S ADDRESS: 3~0/ F~F /~,'~--~ /~,'~ ~APA~ ~ , FZ, ~ ~ //~ TELEPHONE: LEGAL DESCRIPTION OF SUBJECT PROPERTY: GENE~L LOCATION: G ~ D ~ ~ ~ F~ C ~ ~.~ C~ENT ZONING: CoMMoU; ?~ CF~Tf~ CU~ENT USE: NATURE OF PETITION: F~L'~ A ~ ~'~._ FOLLOWING INFO~TION IS INCLUDED IN THIS PETITION. (FOR EXPiA- TION, SEE REVERSE SIDE.) 3.a. 3.e.1) 3.e.4) 3.e.7) 3.b. 3.e.2) 3.e.5) 3.e.8) 3.c. 3.e.3) 3.e.6) 3.e.9) 3. d. Comments: DATE REVIEWED by Board of County Commissioners: Approved: Disapproved: Conditions of Approval: SIGNATURE OF COUNTY MANAGER 1999 Excerpt from Ordinance No. 75-11 Filed Secretary of State 3/6/75 3. Application and Fee for Permit. A minimum of twenty (20) days before occupying the carnival or exhibition site, an application for a permit shall be submitted to the County Manager in four (4) copies accompanied by: a. A surety bond in the penal sum of $2,500, issued by a company authorized to issue such bonds in Florida, conditioned upon the operator complying with each provision of this Ordinance and subject to forfeiture under the terms provided in Paragraph 8 hereinbelow. b. Evidence of current public liability insurance coverage, issued by a company authorized to do business in Florida, in the minimum amount of $100,000 for any one person and $300,000 for any one incident. c. A non-refundable fee of $200. d. A current occupational license issued by the Collier County Tax Collector, and e. Including the following information: 1) The name and headquarters address(es) of the carnival or exhibition company(ies) with a direct or indirect financial interest; name(s) and address(es) of any sponsoring organization(s), and the name and local address of the applicant representing the carnival or exhibition company(ies); 2) A description of the every activity to be conducted such as but not limited to, menageries; circus and side-show perform- ances; amusement, merry-go-round and other ride activities; food and drink dispensing facilities; booths for conduct of games of skill or chance not prohibited by State law to be open to the public for an admission or participation fee and number of persons to operate the activities; 3) Name, identification and social security number of each person accountable for the operation of each activity; 4) A description and sketch of the site showing the location of each activity proposed, the location and number of sanitary facilities; parking facilities, and provision for lighting and public water; 5) Application for Food Establishment Operating Permit from the County Health Department as required by Ordina'nce 74-45. 6) The plan for refuse, garbage, debris, and sewage disposal during and after operation of the circus or exhibition. 7) Provisions for traffic control, fire safety and security precautions; 8) The date and time each activity is to be conducted and concluded; 9) Written approval from the owner of the property authorizing the use of this premises for such carnival activity. 10) Legal description of property to be utilized. FEB 2 3 1999 P~. ~ ~ame of event ~ · ~ D E L/ ~ ~ T~ FEsT,' v 4 z, ~ddress of event ~FO / G~ADE4J &4 ~,- ~ Oa~s) of event F~a ~&, ~ ~ ~,/~ Hours of operation .... Spc or of event ~eXD[~ ~/~ Ck/4~RP~ Address of Sponsor ~ F~F ~ S~/~ Person in charge of food service Phone ~ ff' 3 / ~ ~ Number of food and beverage booths Estimated number of attenders expected at the event at one time? Number of toilets to be provided: Portable: Male ( ~ ) Female ( ~ ) ~ ~/4/J~,' Permanent: Male ( ) Female ( ) ~. I-~~ Method of toilet waste disposal: W~$TF zV~I/~4E/,K~'4,,T ' ~ ' F~~ s4 ~;T~ ~ y DEP~ Describe method of liquid kitchen waste disposal: ~;~EA H~,'M Describe containers and method of solid waste disposal (garbage): Number of solid waste disposal containers provided: /-~ ~ .~uNPSFf~ Describe facilities and method of hand washing: Describe facilities and method of utensil washing, rinsing and sanitizing: ~-,/c w,'T/4 Ru,~;,.,~ ~, I"~L,,/ ~ ~ ~ D~T~ Source of potable water For information and assistance contact: Environmental Health & Engineering Department (813) 643-8499. F E B ~ 8 1999 As'~the sponsor of this event you are responsible to notify all food vendors of the temporary food service requirements. Failure to comply may subject the booths to be closed for public health reasons. Do you understand this completely? Yes No I certify that to the best of my knowledge and belief all of the statements contained herein and on any attachments are true, correct, complete, and made in good faith. I understand that these regulations include food intended for service to the public regardless of whether there is a charge for the food. I agree to assume responsibility for this event and certify that said business will be conducted in compliance with the Florida Administrative Code, Chapter 10D-13. Si~~ of sponsor's agent FEB 1999 NDIV!DUA!~ BOOTH IqOTIFICATION FOP~ F~.R TEI4PORARY EVENTS Name of event: ~AD~ d~E ~L:~L'~ L Name o f booth: T . ~ ~ ~ Person in charge of booth: ~F~ ~ b U ~f Types of food or beverage to be served: Florida Administrative Code, Chapter 10D-13 requires all food to come from an approved source. All food storage, preparation and utensil cleaning for this event shall not be done in private homes. Ldcation of advanced food preparation: P/~ How will food be transported to event location? }~ethod of keeping food hot and/or cold at event site: 14ethod of cooking food at the location: Food must be protected from dust, insects, flies, coughs, sneezes. }low will you provide this protection? Describe type of structure: Adequate facilities and supplies shall be provided for employee handwashing. How will you provide this? 'or Information and Assistance contact: Environmental Health & Engineering Dept - (813) 643-8499 ~_F~_~ F E B g 8 1999 ' D~.13.0292 Temporary Food Service Events j31 Temporary food service event sha|l be held in a wax ~hat p~otects it from d h 11 lfy h l I contamination until dispensed. MRS county public health unit not less than (3) Storage of packaged food Ln three day~ prior to the scheduled event of contact with water or undrained ice is the type of food service proposed and the prohibited. Wrapped sandwiches shall not he time and location of the event. Notification stored in direct contact with ice. Beverage ~ay be completed orallyr by telephone, in containers may be sto~ed in direct contact person, or in writing. with ice uhen: (b) The local HRS county public (a) The storage facility is health unit shall keep a record of equipped with adequate drains which preclude notifications received for proposed temporary the accumulation of water during use; food service events and shall provide (b) The melt water is disposed of ~pproprlate educational material to the event so as not to Create a nuisance; and sponsors or vendors. (c) The storage facility is kept (2) ~acllities - Specific clean. ~9ulrements for the physical facility where (8) When all necessary washing the food service operation Is to be conducted and sanltlzlnq of utensils and eoulpment are shall be based on the type food that is to be conducted at an approved commissary or food prepared cr ~erved, th~ length of the event, service establishment, a utensil washing sink and the amount of food preparatlon that is to will not be requlred~ except that, an be conducted at the temoorary facility.. adequate sup~J~y of spare pr~paration and (a) If the food service operation serving utensils are maintained in the is intended for the sale of only packaged, establishment and used to replace those that non-potentiallY hazardous food or drink, the become soiled. food Darkages shall be orotected from dust, (9) All food service operations dirt, and other sources of contamination which prepare food on premises shall provide during stcraqe and servlnq: an adequate supply of potable water for (b) Ch/erhead protection shall be cleaning and employee handwashing. An provided at all food service operations when a~quate supply may be provided [n clean food is prepared or portioned on premises. portable containe~s equipped with on/off (c) When potentially hazardous valves. Soap and single-servfce towels shall food is prepared at temporary food service be available fo~ handwashing and hand drying. events of mor~e~han 3 days, the physical (10) Equipment shall be installed structure ~here the food preparation occurs in such a manner that the establishment can shall be protected from the entrance of be kept clean and the food will not become flyiS insects and other vermin. contaminated. (3) All food and beverages served (11) Liquid waste which is not at temporary food service events shall be discharged Into a sewerage system shall be from aDDroved sources in accordance with d__isposed of in a manner that will not create provisions of section 10D-13.023 of this a public health hazard or a sanitary chaoter or predated on premises. nuisance. (4) All food served at temporary (12; Floor construction in food service events shall be protected in establishments vhlch predate food on premises accordance with provisions of section 1OD- shall be of durable material. Dirt or gravel 13.024 of this chaoter. subflooring can be used when oraded to drain, (5)__Food and food-contact and covered with platforms, duckboards, surfaces shall be protected from plastic film, ~ood chips, shavings, or contamination by customers and dust. Where similar suitable material such as a necessarj, ef[~tive shields or covers shall sufficient cover of ~rass or turf to control be provided. dust. (6) Ice ~hich ~ill be consumed ot (13) Walls and ceilings, w~ich ~il] come into contact with food shall required, shall be constructed to minimize be o))tain~] from an aDoroved source only In the entrance of flies and dust. Ceilings ma~vv Chipped, Crushed or cubed form. The ice be of wood, c3nvas ot other materials htch F E B 1999 2O NDIVIDUAL_ BOOTH NOTIFICATION FOR~M FOR TEMPORARY EVENTS Name of event: ~O~ GA~E F~'~ A Name of booth: f~d -- ~ 4 ~ Person in charge of booth: ~F~? FX~,'4 ~ Types of food or beverage to be served: Florida Administrative Code, Chapter 10D-13 requires all food to come from an approved source. All food storage, preparation and utensil cleaning for this event shall not be done in private homes. Ldcation of advanced food preparation: How will food be transported to event location? Method of keeping food hot and/or cold at event site: Method of cooking food at the location: _ ~ T~u F Food must be protected from dust, insects, flies, coughs, sneezes. How will you provide this protection? Describe type of structure: Adequate facilities and supplies shall be provided for employee handwashing. How will you provide this? oE 'information and Assistance contact: Envicor,,nental Health & Engineering Dept - (813) 643-8d99 N~oGE~,/~ ' F B S B t999 IlqDIVIDUAL BOOTH NOTIFICATION FOR~H FOR TEMPORARy EVENTS Name of event: Name of booth: Person in charge of booth: YH,'~Z~ /{~f;~ Types of food or beverage to be served: DfE/) F.R ,/F0 Florida Administrative Code, Chapter 10D-13 requires all food to come from an approved source. All food storage, preparation and utensil cleaning for this event shall not be done in private homes. Ldcation of advanced food preparation: How will food be transported to event location? Method of keeping food hot and/or cold at event site: ~4ethod of cooking food at the location: Food must be protected from dust, insects, flies, coughs, sneezes. How will you provide this protection? Describe type of structure: Adequate facilities and supplies shall be provided for employee handwashing. How will you provide this? For ]nformation and Assistance contact: Environmental Health & Engineering Dept - (813) 643-8499 F E B g :3 1999 ,--,INDIVIDU__~_~ BOOTH NOTIFICATION Name of event: ~eA~ ~4 Name of booth: _ ~;~ C~ ~f;~u Person in charge of booth: If~F Types of food or beverage to be served: Florida Administrative Code, Chapter 10D-13 requires all food to come from an approved source. All food storage, preparation and utensil cleaning for this event shall not be done in private homes. Ldcation of advanced food preparation: ~/~ How will food be transported to event location? Method of keeping food hot and/or cold at event site: Method of cooking food at the location: Food must be protected from dust, insects, flies, coughs, sneezes. How will you provide this protection? Describe type of structure: Adequate facilities and supplies shall be provided for employee handwashing. How will you provide this? ""~'o~ Information and Assjstance contact: Enviconmental Health & Engineering Dept - (813) 643-8499 ~S~ F E B g :3 1999 INDIVIDUAL BOOTH NOTIFICATION FO~M FOR TEMPORARY E~rENT8 Name of event: G~X/)~AY Name of booth: ~/dy_ ~,'~E.R ~~/~} Co Person in charge of booth: pE~ky ~,'~]~D~U Types of food or beverage to be served: Florida Administrative Code, Chapter 10D-13 requires all food to come from an approved source. All food storage, preparation and utensil cleaning for this event shall not be done in private homes. Ldcation of advanced food preparation: How will food be transported to event location? Method of keeping food hot and/or cold at event site: Method of cooking food at the location: £f~vg Food must be protected from dust, insects, flies, coughs, sneezes. How will you provide this protection? Describe type of structure: Adequate facilities and supplies shall be provided for employee handwashing. How will you provide this? F'OF. Information and Assj. stance contact: Enviconmental Health a Engineecing Dept - (813) 643-8499 NA~~ F E B g 8 1999 ~':NDIVIDU~AI~ BOOTH NOTIFICATION FOP~M FQR TEMPORARY EVE~IT8 Name of event: GoADSA3 ~,7~ F~'~ ~ Name of booth: ~A~ ~ C~f,'~ [ Person in charge of booth: ~R~y fM/T/~ Types of food or beverage to be served: ..... ..c,~v~'~ ~E / c~,~,,., D,~ ~//'3,,,,~,,-~/F.. ,~, / Florida Administrative Code, Chapter 10D-13 requires all food to come from an approved source. All food storage, preparation and utensil cleaning for this event shall not he done in private homes. Ldcation of advanced food preparation: · How will food be transported to event location? Method of keeping food hot and/or cold at event site: Method of cooking food at the location: Food must be protected from dust, insects, flies, coughs, sneezes. How will you provide thi. s protection? Describe type of structure: Adequate facilities and supplies shall be provided for employee handwashing. How will you provide this? ~,',vl~/ Nv,~,v,'_,_____~ ~ 'oc ]n/ocmation and Assistance contact: Enviconmental []ealth & Engineec~ng Dept - (813) 6~3-8d99 ~S~ F E B ~ ~ ~999 INDIVIDUA.L. BOOTH NOTIFICATION FO~H FOR TEMPORARY EVENTS Name of event: Name of booth: Person in charge of booth: Types of food or beverage to be served: Florida Administrative Code, Chapter 10D-13 requires all food to come from an approved source. All food storage, preparation and utensil cleaning for this event shall not be done in private homes. Ldcation of advanced food preparation: ~j How will food be transported to event location? t~/4 Method of keeping food hot and/or cold at event site: 14ethod of cooking food at the location: ~'Tou F Food must be protected from dust, insects, flies, coughs, sneezes. How will you provide this protection? Describe type of structure: Adequate facilities and supplies shall be provided for employee handwashing. How will you provide this? For Infoclnation and Assistance contact: Environmental Health & EngineeEing Dept - (813) 643-8499 · F E B g 8 1999 INDIVlDU__~_~ BOOTH NOTIFICATION FORM FDR TEMPORARY EVENTS Name of event: ~OZ~'IJ ~47'~F F~7'; U, 1-, Name of booth: ~F D~K tc'/~;'t'.~^2)E I'cS Person in charge of booth: Types of food or beverage to be served: Florida Administrative Code, Chapter 10D-13 requires all food to come from an approved source. All food storage, preparation and utensil cleaning for this event shall not be done in private homes. Ldcation of advanced food preparation: ·_ How will food be transported to event location? Method of keeping food hot and/or cold at event site: Nethod of cooking food at the location: ~/~ Food must be protected from dust, insects, flies, coughs, sneezes. How will you provide this protection? Describe type of structure: Adequate facilities and supplies shall be provided for employee handwashing. How will you provide this? 'ou information and Assistance contact: gnvicon,nenta] flealth & EngineerSn9 Dept - (813) 643-8499 .~.N_~% F E B 3 1999 COLLIER COUNTY OCCUPATIONAL LICENSE TAX COLLIER COUNTY 'I'AX COLLECTOR 2800 N, HORSESHOE DRIVE · NAPLES, FLORIDA 34'104 · ~41) ~403-2477 THIS LICENSE EXPIRES SEPTEMBER 30, ~ LOCATION: ~;~ ~ .~)~'.l.j I;"'1 t !. ',: )r ;~i . ;I,:~'j' ~,',i, (DISPLAY AT PLACE OF BUSINESS FOR PUBLIC INSPECTION] ZONED: /', Ill' 1, I !~ J,: ',~ 'J/, '1' i, ~1 FAILURE TO DO IS CONTRARY TO LOCAL LAWS. LEGAL FORM PROFESSIONAL REG. NO. BUSINESS PHONE INDIVIDUAL J ] !~ "': -~ !{ '}(~ PARTNERSFlIP [ ,1 1"1':~ ~;'~'1' t I':1' CORPORATION[ X i <;l~l,I}l':l.I ~,!.A'!'I,' I:',I;'\Mt',I'I,' SEATING CAPACITY I"j/~i'I , i':,": ROOM COUNT ';', 4 ~ { .'. NUMBER OF EMPLOYEES NUMBER OF VENDING MACHINES PHONE COUNT CLASSIFICATION ;t,",l]--t'}.:i)l.'l T i..if:, ;.,\~z :,.~:r'l L.i[., pelmil lhe licensee to violale any existing tegulato~ or zoning laws of the slate. county. or cilies nor does it ~'= LH.{ ~:j~::~ i- '-' ~- '.~ exempl Ihe licensee from any other license or permits Ihal may be required by law. - , :. WA K-INQRPDSTMARKEpBY ~'OCT ~-OCT. al NOva:NoV ~0 DF¢,I-DEC.~} ~' "~' ~j~.~IA~A~ER ' { LtCENSENOJCOOE AMOUNT DUE ' , I .~ i { ~ 2' / F E B 2 3 1999 FEE',-8'_~- J. 99'9 1 _'3'-',: %:B FRIDH CCiLL [ El;' I II'.:;UF.'.IqI.IC:E SERU~ CE TO 35Z.:'TBE, F'. 02 CERTIFICA1 E OF INSURANCE 3024 Harney 5tree~ · Omaha, Nebraska 68131-3580 ,s cettit~cate 5f insurance is NOT ,1~ ~surance ~ic~ and dbes not amend ~<l~end or liter the c~ e aff~d~ b t~ po~C'i~ Notwi~nd~ ~t f~uiremeRt ~tm or ~it~ of an ~nt~a~ or other'd~umenl whh f ~ ~Kh th~ ~d~a~ may ~ pein;the ~ra~ce a~ord~ ~y the po ic~ ~fi~ ~rein ~ mbj~ to all ~ te~ms e~ 3~ ~tiom ~ su~ ~e~ su~an~alty timit coverage. Wki~ ref~ence is mtde to ~n Aggr ate Limit, th~ timi~ ar~ ~mpa~y"s maximum I~ab~l~y ~r th~ P~l~y for thn e~im p~y ~ri~ i~tr~J~ ~ num~r of in~T~, ctaiman~ or ~ccu~re~c~ Date F~RU~I 9 P.O. ADDRESS 38~7 TOLLG~I ~L~ N~LE9 ~D~ ~LI~ NUMBER KINDS OF INSUR~CE LiMI5 ' 'i~'P~"' COMM~: LAL G~NE~LLIABILITY 72~?137407 ~ O~.,ne~eFOrm D C~erages Genera~Aggregatedm,t S !,000,000 _ 2/24/99 3t2/99 Prn~uct~-CGmpleted C)peratlo,'es Aggregate I iron $ ~~ Pef~t & Adv~stn9 tn~y L~m~t $ ~ E~h Otcur~en(e L~m~t $ ~ M~ical E~pense bmi~ (Any One P~n) S AUIQMOBIL~ L~ABJLtTY B~ InN ry [a[h Per~n '~ ~ach Accident Pt~pe~ Damage E~h ~t~dent B~iIy IfiJ u rf and Pro~ D~mage ~bi~d 5 in~le Limit $ ~GE LIABILITY B~ill I~ju~ end PfQ~ Demage Auto Only ~rt~aAutO Corn bi~d Single ~im K $ ~aeek~rs insurance D L~ai L~a~ll~y ~ Oi~ Primary $ [~C~S LI~ILITY N~me ~ ~rlma~ Primary L~m~ ~ner~l ~gf~te Limit ~ Aggr~t~ t~ i~ incisive cfClaim~ Ex~n~s Wo~ e~ Corn ~t~en $ ~ S~ u~t ~m xt~ ..... Em~er'~ Liabihty O~SCRtPTION OF OPE~TIONSlLO~TIONSNEHIC~S $P~X~ ~T H~ A~ ~ ~J~C~ ~O ~701 ~ GA~ ~ N~LES ~ 34116 ~h~ Ce~i~cate ~s ~d~e~d a~ s~h ~ a~ or ~an;ell~hon. and C~AN~ u~eke~ ~ r~l~ b~ reach of any ~fiure ~is Cedificate i~ed to: , ~E$_ ~L_,,3~,.112 Title ~ 1 ~ ~l) N~E TO A~T, M~I C~y to ~ 0l~ F~-e9-19~ 13:44 :23 FEB 2 GOLDEN GATE COMMUNITY CENTER office use ROOM RESERVATION CONTRACT ~_.~/~,,z a d/vision of Date(s): Collier Cotmty Parks &Recreation Department // 4701 Golden Gate Parkway, Naples, FL 34116 Room(s): Phone: (941) 455-2343 Fax: (941) 455-9556 Times: to Name of Party: ~,%o,-~o-~ C~r,-,_ ~-.%r't,3.~c_- Contact Person: Phone: (Home) (Work) H55-~10 o (Other) Mailing Address: 3E'-l") 'iT, v._.c..'xr-_c ~5,--,J .'D City/State/Zip: l,--U~=-"~ Please Check One: [i~ Non Profit or Civic/Governmental Organization* Private Citizen or Commercial/For Profit Or_~anization * Federal Tax Exemption Number (if applicabte): Date of Event: _5/~.c-. z::~ Time: // to / c-,", Set up Time: Approx ,+: in ar~endance'~: '~ ~: of Chairs Needed: l'~/,..xk Tables: * Nla_,amum is 150. h~50 or more people are to artend a private pan'),'. a $300,000 lirm~ed habiliD· pollS' is required with Golden Ga~e Corm'numw Center lis~ed as the host. This polic}.' is due four weeks prior to the date of rental. ,7 o::..-7.e::i 'SDez:L Please See Other Side Do Not V~rite Below This Line GOLDEN GATE FIRE CONTROL & RESCUE DISTRICT 4741 GOLDEN GATE PARKWAY * NAPLES, FLORIDA 34116-6901 (941) 455-2121 · FAX (941) 455-7917 February 10, 1999 Wess Bates President Golden Gate Area Chamber of Commerce, Inc. 3847 Tollgate Boulevard Naples, Florida 34114 Dear Mr. Bates: This fire department will provide its services during the "Frontier Days" festivities that will be held February 26, 27 and 28, 1999 at the grounds adjacent to the Golden Gate Community Center. This department must insist that all fire codes and safety codes be strictly adhered to. -'- A. A fire lane (20 foot minimum) will be provided with access to all cooking and rending areas. B. Fire extinguishers to be provided in all cooking facilities. C. Any and all LP tanks shall be tied down. D. Any and all electrical box access be protected from general public contact. E. Provide the Golden Gate Fire Department with a map of the general layout prior to the starting of the event. In addition, it will be necessary for all festival facilities to be inspected by a fire department inspector after they are setup and prior to them being opened to the public. Thank you for your cooperation. Sincerely, Donald R. Peterson Fire Chief DRP/pm ,._ cc: Collier County Zoning Department FEB 2 3 1999 p.. COLLIER COUNTY SHERIFF'S OFFICE LA\N ENFORCEMENT SPECIAL DETAIL AGREEMENT . ~ ..... THIS AGREEMENT, entered into this ~c~- day of ,~'c~O'/ ,19 ~ , by and between the re[erred to as 'CCSQ" . , hereina~er referred to as 'CONTRACTOR', both of whom shall be refe~ed to as the 'PARTIES'. This contract e~)nsion will remain a~ive' for the period of one (1) year terminating on the ~ day of ~C 6 ~ · . ,~~ All the terms and conditions of the original contract will remain valid. A schedule of specific dates and assignments f~ Deputies assigned under this agreement is a~ached hereto and marked 'Exhibit A". ~e schedule will remain flexible as agreed on by the PARTIES. The estimated minimum rate, based on now available information, is ~21.90 to S 30.60 per hour per Depu~, subject to final accounting. ff the contract requires vehicle patrol, the Agency shall be paid $ .29 per patrol mile per vehicle. FINANCIAL AR~NGEMENTS: FULL PAYMENT IN ADVANCE 50% DEPOSIT REQUIRED NO DEPOSIT REQUIRED~OTAL DUE UPON BI~ING IN WITNESS ~EREOF, THE PARTIES HER~O EXECUTE THIS INSTRUMENT ON THEIR BEHALF, AT ~E DATES S~ FORTH BELOW. AS APPROVED AS TO FORM AND LEGAL SUFFICIENCY SU~ECT TO EXEC~ION BY THE PARTIES: "/Signed ffam~ TyPed N~e Date ' StreWAddress ~i~, ~tste,~(p Code Telephone ~ COLLIER CO. SHERIFFS OFFICE: [ ] Approved [ ] Not Approved '- Lieutenant - Special Se~ices Bureau Approved _ .Approved Approved Not Approved Not Approved . Not Approved Capt. - Uniform Div. Date Finance Date Undersheriff Date DON HUNTER, SHERIFF COLLIER COUNTY DATE - : , .::' EEB 2 8 - .. ~. HOleD{R. TPII$ C~,RTIFICA1[ DCe:f, NOT JNI~J~D. L, oNVK;,OO. IL, itl)t.44 I"AJ{,: [M?] 178 - )l?l cc~,,,,r A D~AMC',IFj .S'~ATE; I,N$,iJRA~,,~jId CG 10LV'E PRESENTATIONS I LYNDHURST Nd 07071 C * E~CLJ~'ONI AkD CC)N~'I'IC~II O~ MAY NAVE IE~N REDU:kD I~ P.,.#D CL.AI.%A~ TO4rVE PRESENTATIONS IWO~jLD &INV O+ ;it. ,~l~Vlt gf.~.-"lll~.lrj Pl.~l.C~tl, ie CIh~L.C F E B 8 3 7999 EXECUTIVE SUMMARY PETITION NO. C-99-1-, COLLIER COUNTY PARKS AND RECREATION REQUESTING A PERMIT TO CONDUCT A CARNIVAL (IMMOKALEE HARVEST FESTIVAL) FROM MARCH 4 THROUGH MARCH 7, 1999 AT THE IMMOKALEE AIRPORT PARK LOCATED ON SR-29. OBJECTIVE: Collier County Parks and Recreation is requesting that the Board of County Commissioners approve a permit to conduct a carnival from March 4 through March 7, 1999, at the Immokalee Airport Park located on SR-29. The applicant is also requesting a waiver of the application fee and surety bond. CONSIDERATIONS: Collier County Parks and Recreation has met all the requirements of the carnival permit procedures other than those requests for waiver addressed herein. Staff concurs with the request for waiving of hc Surety Bond as there have been no previous problems related to clean up of the site after the Collier County Parks and Recreational carnival/Harvest festival. FISCAL IMPACT: The applicant's request for a $200 permit application fee waiver has been granted in past years. Revenues for Fund 113 (Community Development Enterprise Fund) are generated from fees established in the Schedule of Development Review and Building Permit Fees. It is a Board policy that requests for waiver of such fees be granted only by the Board. The term waiver is a bit of misnomer in that, should a waiver be granted, it is necessary to transfer the funds from the General Fund Reserves (001) to the Community Development Enterprise Fund (113). Based on staff research, the average annual fiscal impact resulting from these types of fee waivers is $2,200.00 per year. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve the pern~t to conduct the Collier County Parks and Recreation annual camivaFImmokalee Harvest Festival, subject to consideration of waivers for the Carnival Fec, Surety Bond. 1999 Current Pl~in~ M~n~ger REVIEWED BY: DATE PLANNING SERVICES DIRECTOR VINCENT A. CAUTERO, ADMINISTRATOR DATE COMMUNITY DEV. AND ENVIRONMENTAL SVCS. Ex Summary C-99-1 FEB ~, 3 1999 2 JOTE: Please read reverse side Copy: Zoning Direcuor before completinq this Copy: Petitioner Petition. Copy: (2) Counny Manager CARNIVAL OPERATION PETITION PETITIONER ' S ADDRESS: ' ~ TELEPHONE: LEGAL DESCRIPTION OY SUBJECT PROPERTY: NATURE OF PETITION: THE FOLLOWING INFORMATION IS INCLUDED IN THIS PETITION. (FOR EXPLANA- TION, SEE REVERSE SIDE. ) 3.a. 3.e.1) 3.e.4) 3.e.7) 3.b. 3.e.2) 3.e.5) 2.e.8) 3.c. 3.e.3) 3.e.6) B.e.9) 3. d. Comments: SIGNATURE OF PETITIONER DATE REVIEWED by Board of County Commissioners: Approved: Disapproved: Conditions of Approval: SIGNATURE OF COUNTY MANAGER FEB 2 '3 1999 I~a. 5 INDIVIDUA_~L BOOTH NOTIFICATION FOP~ FOR TEMPORARY EVENTS Name of event: Name of booth: Person in charge of booth: Types of food or beverage to be served: Florida Administrative Code, Chapter !OD-!3 requires all food to come from an approved source. All food storage, preparation and utensil cleaning for this event shall not be done in private homes. LoCation of advanced food preparation: How will food be transported to event location? Method of keeping food hot and/or cold at event site: Method of cooking food at the location: Food must be protected from dust, insects, flies, coughs, sneezes. How will you provide this protection? Describe type of structure: Adequate facilities and supplies shall be provided for employee handwashing. How will you provide this? For Information and Assistance contact: F[8 2 3 1999 Environmental Health & Engineering Dept - (813) 643-84 !2.C292 Temporary FooC Eervzce Events ~'- (a) Temoorarv food s~rvtce -vent shall be held in a way that protects it from sponsors or vendors snail notlf'.' the local contamination until disoensed. thr~e ~avs crLor to the scheduled event of contact wEth water or undrained toe the C v me of food service orooosed and ~he orohtbited. Wraooed sanct~iches shall not be time an~ location of the event. Notification storm in dlrec~ contact w,th ice. Beveraqe may be como!e~ed orallyr by teleonone, In containers may be stored In direct contact =erson, or in writinu- ~ith Ice when: (hi The local MRS county ou01ic (a] The stera~e facility is healIh unit shall keeo a record of eQuiDOed with adequate drains which oreclude notifications received for prodosed temoorarv the accumulation of water durinq use: food service events and shall orovide (b) The melt voter is disused of approorlate educational material to the event so as not to create a nuisance; and soonsots or vendors- (ca The storage facility [S kept (2) Facilities - Soecific clean. reouirements for the physical facility where (8). When all. the food service operation is to be conducte~ and sanitiZinq of utensils and e~utBeent are shall be based on the t.vpe food that ~s to be conducted at an adoroved co~lssarTor food oreDared or served~ the l~n~th o{ the =v~nE, service estaOiis~ent, a utensil %rashino sink and t~e amount of fooa bredoration that Is tc will not be required, except that, an be conducted at the temporary facility. adequate SUIM~IV of s~are preparation and (al If the food service operation servtnt utensils are maintained in the is intended for the sale of onl~ packaged, establishment and used to re,lace those that non-Dotentiallv hazardous food or drink, the become soiled. food Dockages shall be protected from dust, |9) A/I food service operations dirt, and other sources of contamination ~hich predate (odd on premises shall provide durino storage and servin~. &n adeoua[e suDoly of potable water for (b| Overhead protection shall be claanint and es=)levee hanch~ashin~. An provided at all food service operations when ade~uatt.~upo_lV ~aV be provided in clean food is prepared or pprtloned on premises. [oftable containers eauipoed ~ith on/off (ca . when potentially hazardous valves. Soao and single-service tcP~els shall food is oreDared at temporary food service be available for hand~ashln~ and hand dryin9. events of more than 3 days, the physical . (1~| E.auipment shall be installed st ructu re where the food prodoration occurs In such a manner that the establishment can shall be protected from the entrance of be keot clean and the food will not become flying insects and other vermin. contaminated. (3) A/X fcN~d and beverages served ~11~ ~l~uid waste which is not at temoorary food service events shall be discharged into a sewerage system shall be from aDoroved sources in accordance with disposed of in a manner that viii not create provisions of section 100-13.023 of this a Dublit health hazard or a sanitary chaDtot or OreDared on oremises. nuisance. (4l A/l food served .at temoorary {12) Floor construction in food service events shall be oroteoted in establishments ~tlich prepare food on oremises accordance with orovtsions of section 10O- shall be of durable ~aterial. Oir~ or ~rave1 13.024 o f this chapter. subflooring can be used when graded to drain, (5) Food and food-contact and covered with platforM. duc~boards, surfaces shall be protected from olastic film, wood chios, shavings, or contamination by customers and dust. Where similar suitable material such as a neces=ary, effective shields OF covers shall sufficient cover of grass or turf to control be orovided. dust. (6) ice which will be consumed or (13) Wails and ceilings, which will come into contact with food shall readiced. shall be constructed to mini m/re be obtained from an adoroved source only in the entrance of flies and dust. Ceil] ~qs may chio . . c=ush dr cub.d form. t=- b. of canwas or or,.. ,.a.r,ls .,i4 EB 3 1999 protect the interior of the estab[~sheent 20 m' TOLVE PRESENTATIONS INC. ~ ;bgOnen~ W~y 'R LvnOr, urstw Ne.w ~erseVuTO71 W ~r. ne '2d~ CONTRACT 1. This contract ~de and er,~ered ,n~o trims. th~ ,~ ~ :~,,. u~ __~ 3. ~it ~ ~ the skid ~d aar~ to ~rnish all I~cen~ and ~rm~ts that ~{ice protffiio~. licket ~lJers, toliet ficiJids, dumpslets. at~ · su~aoje ;ocat~on 4. All ~irO ~ar~ venao~ well ~y Totve Pr~ta~sons me ~um o~ ~_ d~l~ $ / ~r day, Nr I l0 ~tts f~eacn day of the evtnt. ,~m~o B~dy Inlur~ and P~uct LiaOi li~. 5. That 811 s~ws. ndir8 device, contusions and mmnr pnwle~es snail be o{ pa~f of the first part. 6. That is m consi~rition br t~ ~ )ironed, the N~ of the tmr~t pd:t Nr cent o{ advince gle ~ck~ ~id. PAYMENT TO BE ~DE AT THE CLOSE OF 2. Thit: ~ of the fist DaR to ~ 8rinl~ exclusive prwile~ m contEflon ci~ a~, ~e~els, and drinks). ~ce cream. ~wl~, g~ an, sh~( 3u{ the ~(ar, Jnd 8. ~at it is mutually aare~ by both pani~ hereto ~ha~ ther~ is no other conlr~cl cr ~8l exis~n8 ~Nn ~m, and ~al this contrict is sublet to t~ approval of me a~ve na~o wire or I~er. 9. In Cm Of slck~6s or dea~ of any ~r, ~en Da~ of the Tir~T Dilt snali ha~e li~ to ~Olice such act or ~r~r. In ca~ ol ri r~o accl~nl or tielay, 5trlKu5 Hre TIed. any un~et~n ~curr~ce ~er which t~ ~ of the ~irst ~r: ha~ r.o control. then mey 10. This contract entered into and signed in dupl,cate in me c,ty oe State o( this the day of AD, 1 '].. t;y the duly authorized repnef. entitives of the parties hereto: IK'CIAL ARRANGEMENTS: By. ORGANIZATION By Party oi the second part T,tl~ Party of the second Dan '~'iti~ F E B 2 3 1999 Pc]. TOLVE PRESENTATIONS INC. ~ 269OrienlW'av'lLvndhursl'INewJersey07071~rP~one;-'Ol:~-~-~jdd~r~ . ,::-~57 CONTRACT_/ __. ~ 9 a.D. ,_.i~TOt~t Pt.e~m.s:loc.::.,oanv of me ~rst L.: _: of me City of Stale of par,'v_.9.Z.~e ~econd. p.,; , 19.__ and endin8 ~ '~ __ ) . e~ i . ron s known -.,,~' 4. All ~ N~ v~aors wdl Ny T~ve Prorations the sum otS 'or ~w~r ~K U~. aN $ ~r day, ~r 110 ~lts f~ each day of the eve~l. Also Dr~r ol insurance wniGn ily Int~ ~ ~m Li~ili~. S. ~at all ~, ridin8 device, concis~ns and minor prw. lea~ snail be uneer ~na8ement ~no control ~ N~ of ~ ~l N~. ~ t~ sm of ~r c~t ~ the B~s rKeip~ ~ itl n~s ind ~r cent of a~i~e gle fick~ ~Id. PAYMENT TO BE ~DE AT THE C~SE OF E~H DAY'S BUSINESS. --~.: 7. ~it: ~ ~ I~ 551 Dt~ to ~ ~ran~ exclusive privile~ m contaction trader (colton candv. ~Dcorn, candy ippl~. m~els, and drmks), ~ce cream, ~1~, sand a~, sh~t oul the scar, and funnel -. 8. ~i it N rally iBr~ ~ ~lh ~fi~ hereto ~it ~ is no other contracl or DromIse. ~t[n~r ~rltlen or ve~l existriB ~ ram, and ~il ~i$ conffid i$ sublet to l~ approval of Ihe a~ve na~ shows. ~l~ner by wire or leR~. 9. In ci ~ sickms or delta i any mr, m~ ~ of the first pin shill have a relsonaDte i~nBth iny un~r~ ~c~ce ~r which ~ ~ of ~e fist pin has no control. then they are no~ to be neid 10. This contract entered into and si~,d in duplicate in the city of State O( fills the day of AD., 19 oy The duly authorized represenlatives of the parties hereto: Sl~(:,rl~ AIIANGEMENI$: By Par~' oi the first pan · i , C ? , - :_ ,_ " · ORGANIZATION By Party ot the second pan Title NAoGEN~ By Pally Of the second Dart Til. l~ F E B 2 3 1999 Pq. ~ Excerpt from Ordinance D;o. 'i-l! Filed Secretary cf Etaca 2/6/75 3. Application and Fee for Permit. A minimum of twenty (20) days before occupying the carnival or exhibition site, an application for a permit shall be submitted to the County Manager in four (4) copies accompanied by: a. A surety bond in the penal sum of $2,500, issued by a company authorized to issue such bond~ in Florida, conditioned upon the operator complying with each provision of this Ordinance and subject to forfeiture under the terms provided in Paragraph 8 hereinbe!ow. b. Evidence of current public liability insurance coverage, issued by a company authorized to do business in Florida, in the minimum amount of $100,000 for any one person and $300,000 for any one incident. c. A non-refundable fee of $200. d. A current occupational license issued by the Collier County Tax Collector, and e. Including the following information: 1) The name and headquarters address(es) of the carnival or exhibition company(ies) with a direct or indirect financial interest; name(s) and address(es) of any sponsoring organization(s), and the name and local address of the applicant representing the "'carnival or exhibition company(ies); 2) A description of the every activity to be conducted such as but not limited to, menageries; circus and side-show perform- ances; amusement, merry-go-round and other ride activities; food and drink dispensing facilities; booths for conduct of games of skill or · chance;~not prohibited by State law to be open to the public for an admission or participation fee and number of persons to operate the activities; 3) Name, identification and social security number of each person accountable for the operation of each activity; 4) A description and sketch of the site showing the location of each activity proposed, the location and number of sanitary facilities; parking facilities, and provision for lighting and public water; 5) Application for Food Establishment Operating Permit from the County Health Department as required by Ordinance 74-45. 6) The plan for refuse, garbage, debris, and sewage disposal during and after operation of the circus or exhibition. 7) Provisions for traffic control, fire safety and security precautions; 8) The date and time each activity is to be conducted and concluded; 9) written approval from the owner of the property authorizing the use of this premises for such carnival activity. 10) Legal description of property to be utilized. F E B 2 1999 ,0292 TemPOrat'/Fooc Service Evenca sponsors or ventors snail notlfv ~he [seal :ontamlnatlon d~tl! distensed. HRS county cuDlit health unl~ ~ot L~ss ~an (?] S~oraqe o~ Dac~ace~ f:o~ · three ~avs orior to the scheduled event of contact with ~ater or undraine~ ice the t'~e of foo~ service orooosed and the prOhibitM. WraDoed san~ic~es shall not time a nO location of the event. Notification stor~ in dire~ contact with ice. Beverage may De ccmpleteo oraLlyr by teleohone, zn containers may be stor~ [n c~rect ccncact person, or in writing. with ice when: (b) The local HRS county Dublit (a) The storage facility Is health unit shall keep a record of equippM with a~Muate drains which orecluCe notifications receivM for D[O~SM temporary the accu~lation of water ~urino use: foo~ service events anO shall orovlOe (b) The melt water is dls~s~ aooroorlate educational material to the event so as not to create a nuisance; soonsots or vendors. (~) The storage facility is kept (2) Facilities - Soeclfic clean. requirements for the ohvsical ~acilitv w~ece (8) ~en all necessary washino the food service operation is to be con~ucteo a~ sanit!zing of utensils and equipment ace shall be basM on the ~e [oM that is to be coMuc~M a~ an a~rovM coeissary or fo~ Treeargo cr served, the lenc~h of ~e ~vent, servlce es~aO~ishmen~, a utensil washln~ sink ant the a~un~ of foM oreoara~ion ~hat is to will non De r~uirM, exceo= that, an be conCuctM a~ =he cemoorary facility. aUe~uace su~Lv of spare prepara=lon and {a) If ~he fo~ service operation servinq u=e~siZs are ~in=ainM in ~he is in~ended for ~he sale of only packaqed, es=ablish~n= a~ us~ =o reolace those non-oo~enCiallv hazardous fo~ or drink, ~he become sollM. foM oackaqes sha[l be pro~ec=ed from dus~, (9} ~ fo~ service ooera=ions dir=, and o~her sources of contamLna=ion ~hich prep/re f~ o~ oremises snail provide ducin~ s~orzqe ar~ servinq. an adeauaCe su~ly of ~ab~e water for (hi ~erhead pro~ec~ion shall be cXNninq and e~[oyee ha~ashlnq. provided a~ all fo~ service ooera~ions when adeoua=e suppZy ly ~ provid~ In clean [o~ [s oreoar~ or pr~ionM on premises. prtable containers ~uip~ with on/off (c) When ~entla[ly hazardous waives. Soap a~ s[nqle-serv~ce t~els shall foo~ is ocepar~ ac temoorarv fo~ service De ava~[aOXe for han~ashinq ant hand dry!no. even:s of more :hart 3 days, the PhYsical (10} EQuipmen= shall be ins=aLl~ structure where the fo~ preoara=ion occurs in such a ~nner that the escablishmenc can anal! De Pro=erred from ~he entrance of be keo= clean a~ ~he fo~ will no~ become fl'/inc Insec=s an~ other vermin. con~amkna[M. (3} ~1 fo~ and beveraues served {11} Liouid was=e which is a~ tem~rarv [oM service events shall be discharqM into a sNeraqe system shall be from aooroved sources in accordance wi~h dis~sM of in a manner tha= will no~ crea=e orovlsions of sec=ion 10D-13.023 of this a oublic health hazar~ or a saniCarv chao~er or oreoared on premises. nuisance. {4] AlL ~o~ served at ~emoorarv (12} F1wr cons:fur=ion in food service even:s shall be oro~ec:ed in establishments which oreDare [o~ on oremises accordance wi~h provisions of see=ion 10D- shall be of ~urable ~=erial. Oir= or oravel !3.024 of this cnao=er. subflooring can be usM when uradM :o drain, (5) Foo~ an~ [oo~-contac= and covered w~th oLafforM, duckboards, surfaces shall De orotec~e~ ~rom olas=ic film, w~ chips, snavinQs, con~amina~!on Dv customers ant dus=. Where similar suitable ma~er~al suc~ as a necessar'/, effec;lve shielGs or covers snail suff!c;en= cover of grass or =urf =o conzroi De orovl~ed. (6) Ice which wk!! be consumed or {13} Walls and ceilings, when be oo~ained from an aDofOrgO source onlv in ~he entrance of flies and ~us~, Cel nos av ~ - _ . m . cmlooe~, crusher or ruder foc~. The ice be of .woM, canvas or o~her materials which o= 2 3 1999 .../77 ~ ,-/- fl---/~?f 1~ To 5' f -,q ............ '- FEB ~, 8 1999 pg. ~ Permit No. PEPs\lIT FOR CARNI\/AL EXHIBITION STATE OF FLORIDA: COUNTY OF COLLIER: WHEREAS. the Collier County Parks and Recreation Department. has made application to the Board of Counn/, Commissioners of Collier County.. Florida. t'or a permit to conduct a carnival or exhibition: and WHEREAS. the Collier County Parks and Recreation Department. has presented to the Board sufficient evidence that all criteria for the issuance of a permxt to conduct a carnival or exhibmon as set forth in Chapter Article IL Amusements and Entertainments. of the Collier County Code have been satisfied and that such carnival or exhibition will be conducted according to lawful reqmrements and conditions: and \~,~IEREAS. said the Collier County Parks and Recreation Department. has requested a warnvet of the Carnival Fee and Surety Bond: NOW. THEREFORE. THIS PERMIT IS HEREBY GRANTED TO the Collier County Parks and Recreation Department. to conduct a carnival or exhibition from March 4. 1999. through March 7, 1999, in accordance with the terms and conditions set forth in the peritioner's application and all related documents. attached hereto and incorporaxed herein for the following described properly.: (See attached Exhibit "A") The request for wmvers of Carnival Fee. Surety Bond is hereby approved. WITNESS my hand as Chairman of said Board and Seal of said County'. attested by the Clerk of Courts ~n and for said County' this __ day of__. 1999. ATTEST: BOARD OF COULNTY COMMISSIONERS: DWIGHT E. BROCK. Clerk COLLIER COUNTY, FLORIDA: PAMELA S. MAC'KIE, CHAIRWOMAN Approved as to Form and Legal Sufficiency: Marjot~ M. Student Assistant County Attorney ~7C-99-01 F g B g 3 1999 I 91al ,E55 lOe2 ~.02/02 ~EB-le-1999 15: 4~ 5159687 T:~t.~ Qu~c Ctatm Deed. ex~ut~.~ zai~ ~day ,f ~Y 0 1~62 by Collie= County, a ~oll~ica~ ~u~dfvilfon ,[ Florida, E~rs: p~rty, :o Collier rcue~pl; ~!~ereof i..ietcby a~>.::n~,l .. d~d, dr<.. ,~re),y rt.n:t ;~ , r~tuah' and q~t-~ka~;.. ur.~o tn~,"~,~td to~o~.d ;~ar:y ~r;ruvur. all :.~v r~AC, tLtl~, Lnter~L, claim ~:.d Gv,~.C .,:..Lc,, ~.~ ~aLd/ix';~ party l:a~ ~n an~ =o C.,' Eolkow~:~ ~e,~riLcd land. Cor~uencin& at I concter-e montefit nmr}'tn~ che S. I. Come= of the ~k o( SccCion 3, To~shlp &7 South, ~nge 29 ~sc, Tatta~ssee MeridLan, ~lee, ~11Ler Co~cy, FtoTi~; Ch~ce S e9 deFee, Z5'S0" v along the ~OuCh l~e ....- oe said ~k of IgClon 3, 397.63/eeC CO a -.; . .;.~.~]' a ~Lnt; Chence*B ~ de;ees 25~55'' g ~808.2A' '.:'. 259 ~ Eeet co a concrete en~L on che t~ue o~ said ~ oE S~c~o~ 3, and the ~d this descripci~ of ~ld Vent Unk, ~ Mid ~k . ,>:;~ v' ~.~..]: of Section 3; thence conCinutn~ for m tie N89 deuces : ,.~.. 28'05" 8 35~.80 feet Cu s =o~crete e-~E , · ~ ,. EXHIBIT "A" EXECUTIVE SUMMARY REVIEW HEARING FOR AN APPEAL OF ROAD AND EMS IMPACT FEES FOR THE REMODELING OF FORMER COMMERCIAL RETAIL USE TO RESTAURANT USE FOR THE MANGROVE CAFI~, INC. OBJECTIVE: To obtain Board of County Commissioners determination as to the applicability of road and EMS impact fees for the remodeling of a commercial retail use to a restaurant use. CONSIDERATIONS: The Mangrove Car6, Inc., 878 Fifth Avenue South, Naples, FL 34102, recently acquired adjacent space for its operations. This additional space was formerly occupied by an interior decorator, Jonathan's Interiors and Design. The remodeled space houses the Diva Martini Bar, an adjunct of the Mangrove Caf~. The total area subject to the building permit is 900 SF. Both the road impact fee ordinance, Ordinance 92-22, as amended, and the EMS impact fee ordinance, Ordinance 91-71, as amended (the Ordinances), require the payment of additional impact fees for either a change in land use ( Ordinance 91-71, as amended) or which increases the number of trips on the roadway network (Ordinance 92-22, as amended). Staff review of the remodeling plans for which the building permit was issued lead to the conclusion that there has been a change in use from Retail Commercial (Jonathan's Interiors) to Restaurant (Diva Martini Bar) and that there has been a concomitant increase in the number of vehicle trips from that change in land use. The appellant alleges that there is no additional fee due as a consequence of this remodeling (Attachment No. 1). Staff opines that the additional fee is due (Attachment No, 2). The appellant has requested a review hearing before the Board of County Commissioners in accordance with the Ordinances. FISCAL IMPACT: The road and EMS impact fees charged to the appellant totaled $5124.51. If the Board upholds the appeal, EMS Impact Fee Fund 350 - Revenue will not recognize income of $331.11 for the EMS impact fees and Road Impact Fee District 3 Fund. 334 - Revenue will not recognize income of $4793.40 for the road impact fees. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of ounty Co missloners uphold the staff determination of additional road imp~ in the ~ . PREPARED BY: , DATE: Z- - ~ ' / ~ rd J. Kant, .! ~rtation Services Director ,~ i ~ ~, ./~I]~ ~~ef, Emergency Medical Services · . ? . . . .v'mfeA. Ca evelopment Adm mstrator APPROVED B DATE: ~ Ed Ilschner, Public .Works Administrator Attachments: No. 1 - Attorney John Vega's Letter of January 15, 1999 No. 2 - Transportation Services Director Memo of February 1, 1999 'Geg~C ~0. FEB 2 3 pa. I 157L/21/19"JS 12:48 c34~7744010 COUNTY ~ PAG'~ 82 = ~AW OFfICeS JOHN ~, ~AN~Y * ~MAR~N M. HANSON · ~ NA~LE~. F~ORIDA T~OM~ J. WOD~ ~ TCk~PHONE (~41) CQN~ANC~ M, BURKE · A~IO ~IC~N~D IN MY EDW~D ~, ~M~ ~ ~ LICINIID IN ~,C,, KY, NC & VA ~m~ 15, 1999 Co1~ C0~ Admini~tOr ~301 T~i Tr~ E. Naples, ~ 34112 Re: .. M~ove ~e, ~ M~ove C~, ~c. h~ r~cen~y reeei~d a no~ of ~po~ffi~ of ~S lm~ F~s. A copy offal ~o~ ~ mh~d fo~ 70~ mf~e~s. ~e M~ve C~ obje~ ~e app~o~ ~ ~e ~c~a~on of.~o~ ~t f~ ~d ~ue~ B review h~ng Se~io~ 7~334 aad 74-280 of~e Co~ Co~ COde. ~e spplie~t is ~e Man~ovc C~e, Inc. ~ ~esiae~t of ~t ~o~ is Do~l~ is~ should ~ scat to ~e above ad~es~. ~e ~ of ~ M~ove ~e, he. Avenue Sou~, N~I~, FL 34102. S~O~ ~PLATT 9 BLK 15 W 55~T OF LOTS 14 + N 25FT OF W 55FT OF LOT 5 OR 630 PG ~o~ ~: 878 5~ AVg S ~ou~ ~ M~ove C~e h~ b~ ~ b~ for ~o~ fi~ y~, i~ w~ ~blB 1o e~ s~c~ ~ it~ b~ig w~ah ~ be~ fondly ~d by Jo~o~' s ht~or~ for Im~or D~ b~shess. ~e fom~ offi~ spa~ w~ ~t~d. ~imately 45% of ~e fom~ Jo~'~ In~iot s~ Iem~in~ offi~ sp~ and b~ogms. ~e b~ ~¢~ ~nve~ ~m~t ~e for ~e e~on of ~ M~vc ~e ~. ~e b~ldlng ~t for ~e w~ imed on Ocmb~ 29, 1998. AB~ C~te ofO~~ Br ~e b~&g w~ -. ' ......... J IATTACHMENT'" - ,/ J FEe i999 PA~!! / OF .......( _ p~... o~ . . ul~2 .~:77~ 14: ~1 I"'A.2L ~,t;,t.;.}:?l:iU ~ULLI~H. CjULIiN'II~ ~] 00.3 ~- gl, t21/_lcJ99 12:48 941774401E) CI31.JN'TY M/~NASE:R P~,GE: B3 Mr. Robert Fernandez Jemuary 15= 1999 Page '2- by the City of Naples on December 18, 1998. This temporary Certificate of Occupancy was issued as the Mangrove Care, Inc, was not given notice of the hnpact fee statement ~xtil recently. I have zevieweA Collier County Code Sectkms 74-266 to 297 regarding the hnposition of the EMS Impact Fee as well as Sections 74-32i to 353 regarding Road Impact Fees. Turning ftrst to the Road Impact Fee, I not~ that it does not apply to a new business or expansion of business which "does not generate greater external trips.' Section 74~328(2). The expansion of the ]vIangrove Care is not a new business; tathe~, it has h~keaa over former oi~ce space used by an interior designer for the expansion of its bar area as well as additional office space and bathrooms. Yhe addition of a bex area has not increased the ~-rnber of palxons or vehicular trips generated by the Mangrove Care. My client's kitchen is unchanged and is, quite _~_mply, Wo small to be capable of serving additkmal meals. I have spoken with my client, and he has construed that the number ofpettrons aining at the Mangrove Care has texnained consistent fxom last year despite the expansion of the bar area and addition of a new bathroom, Patrons whose tables are not ready when they arrive have a clt-ink ex the bar while waie[nF.> told patfoals who have completed their dinner may have an after dinnex drink there. Neither of these usage~ increases the n~tmber of external trips generated by the premises, In fact, due to the fact that the former us~tge had a separate business creating external trips fvr patrons of that independent business, it is likely t1~at ~he closing of Jonetthon's Inleriars emd the expansion of the Mangrove Care has actually decreased net trips. Accordingly, under the terms of Section 74-328C2), no Road Impact Fee shoulct be assesseeL Even if it were determined ~aat this expansion g~nerates additional trips~ it Ls importaxlt to note that the Roacl Impact Fee Ordinance requires that a eredjt be given for the fornaer use of existing premises, The new area to the M~n~oYe Care is approxhnateIy 900 square feet Of that area, approximately 400 square feet rexnains as of~ce space and bathrooms. There has been no ohange in usage for this portion of the pl~nises raid th~e should be no ianpact fee associated with fhat area. A sim/dar issue axisjs in conuecfion with ~e EMS assessment. At the very least, assessment should no! apply to ~ portion of the pxemises which ~cmain as office space and batrooms. Further, I note that the language of Section 74-274 telalOng to the E_MS (as well as Section 74-329) indicates that a change in usage is not sufficient to justify an ixnposition of The impacl fee. In addition ~ a change in use, the building must be altered or expanded. The bttilclhlg at 878 5~h Avenu~ Solrib has not been altered. I1~ squat= footage has not changed. Its walls have not moved and its roof wa~ untouched,' XVhile ~b.e in~'~rior of one bay was ?-- rede~gned and the exterior ofa ~ portion ~pah~e~, the bu~cth~g remah~s as it has been for~hirty ATTACHMENT NO. PAGE '~"" _ OF_ FEB 2 3 1999 lVI.L Robez'~ Fb-rnnnclez January 15, 1999 Page -3 - years. For most of that time, it has been a rcs~,;rant. As the EMS f~ only applies W alterations which change the land use of a building, it was incorrectly applied in this instance, For the above reasons, the Mangrove Care, Inc. requests a review hearing on its EMS and Koad Impact Fees. Please advise this office upon the scheduling of the review hearing. Sincerely, S~IY, ZELMAN & HA2~ON, P.A. JGV/jf -- / ~ ee: Douglas Amaral ATTACHMENT NO. / PAGE ,3 OF <~' ~5B 3 1999 ~vvo .' 81~'~2i/lcJgg 12:48 94177441]%8 CI:3UNTY I~NA~D~ P~E 05 I 0~~: iufidt~g and Zonl~; January6,1999 Joel MeI~ & Assodatss 3824 Exchange Avenue Nepie~,R 34104 Re: Mangrove 676 ~'~ Avenue ~&/d~ ..................................................... """""' Permit ~ 82~3 D~r Mr. Mete: -~'~ I have ~ a le~ ~r ~e R~d ~ f~ f~m Mr. ~L The foll~ fe~ am due: Fe ~ ~nt due ~Slme~e $ 4B-~ $ 118.89 $ 331,11 Road ~ le ~72.~ 1579.B 4793-~ Tobl am~t due $ 5124.51 ~ese i~ ~ O~~ ~ll ~ire. ~en ~ f~ ie ~d end ~e Te~mW ~te :o ~pancy is ~, the Permit ~~ ~ ~an~ ~1 be ~ed, P~e ~1 m a~ 43~ ~540 e you ~ve any qu~on8. Sin~y, Cc: Mangrove Care ATTACHMENT N0. / ""' PAGE ~ OF ~ FEB 2 3 1999 . Pc.__y _ '-- COI,I,IE, R COUNTY GOVERNMENT TRANSPORTATION DEPARTMENT 3301 E. TAMIAMI TRAIL NAPLES, FL. 34112 (941) 774-8494 FAX (941) 774-5375 A CERTIFIED BLUE CHIP COMMUNITY December 30, 1998 Ginny Stack, Permit Clerk City of Naples Building Department City Hall Naples, FL 34102 Re: .Conversion of Retail Space to Restaurant Diva Martini Bar Dear Ginny: Per your request, we offer the following road impact fee computation for the subject project: Proposed Use: Low-turnover Restaurant - 900 SF @ $7,081/1000 SF = $6,372.90 Existing Use: Retail Commercial- 900 SF @ $1,755/1000 SF = $1.579.50 Net Road Impact fee Due = $4,793.40 Please be advised that the foregoing computation is site specific and should not be taken as a general case. Differing sets of facts will have differing outcomes. If there are any questions or if you seek additional information, please contact me at 774-8494. Very truly yours, ~/// Edward J. Ka~,:.~ 1~. Transportati3~ces Director cc: File: Mangrove Caf6 (Diva Martini Bar) RIF ATTACHMENT NO, / FEB I 9 PAGE ~ OF -~ . _, ~'~'-:/_,, MEMORANDUM DATE: February 1, 1999 TO: Robert F. Fernandez County Administrator THROUGH: Ed Xlschner Public Works Administrator FROM: Edward J. Kant, P.E(~ Transportation Services Director SUBJECT: Attorney Vega's January 15, 1999 Letter Mangrove Caf~ Road Impact Fee I received a copy of the subject letter from the Community Development Division on Friday, January 22, 1999. Prior to that date I had a telephone conversation with a Mrs. Amaral, the owner of the Mangrove Car6. She had called to protest the imposition of the additional road impact fees. I explained to her that the change of use from retail to restaurant carried with it an increase in vehicle trip generation and, therefore, subjected the remodeling to additional road impact fees. She was not pleased with this explanation and indicated to me that we would be hearing from her Attorney. The Attorney argues that because the Mangrove Caf~ itself is not a new business, but has taken over space occupied by another business, there has been no increase in the number of external trips generated on the roadway network. Further, he argues that the new bar area is to be used by patrons waiting for a table or by patrons who have finished dinner and are merely having an after-dinner libation. This argument is not consistent with the basis of the road impact fee Ordinance, Ordinance 92-22, as amended (hereinafter referred to as the "Ordinance"). The Ordinance is based on an engineering study, which study was incorporated into the Ordinance by reference. In that study, there are three major parameters governing the determination of road impact fees: trip generation; trip length, and; percent of new trips added to the road network. The Institute of Tr.v_nsportation Eng'~neers (ITE) publication Trip Gen~':'ation is used in that engineering study as a basis for determining the number of new trips generated by a particular land use. A restaurant land use is shown to generate more new trips than a retail or other general commercial use for a given area of building footprint. In this case, the owners of the Mangrove Caf~ changed 900 SF of retail space land use to 900 SF of restaurant space land use. '1 NO. pr AC MENX Robert F. Femandez, County Administrator January 25, 1999 Page 2 of 2 An argument could be made that even if the front of the convened space changed from retail to restaurant, the rear rem_ained as office and restrooms. The Ordinance does not speak to this argument and staff has historically, considered the gross use of the space when determining road impact fees for both new construction and remodeling. There is a provision for a "mixed-use development" in the Ordinance, however, a mixed-use in the Ordinance refers to clearly identifiable uses on clearly separate portions of a property or properties. I cite as an example, the Grand Inn and Grand Caf~ recently opened on Pine Ridge Road. In this case, the mixed-use is that of hotel and separate restaurant. A mixed-use would not be applicable in this case. Staff believes that the entire 900 SF has been changed from retail to restaurant consistent with the Ordinance. Further, in his letter, Mr. Vega indicates that there has been no increase in business at this location and that his client believes that there may, in fact, be a net decrease in trips as a consequence of the remodeling. There was no credible evidence presented by either Mr. Vega or his client to support that position. Mr. Vega also postulates that a credit should be applied for the former use of the converted area. Please note'that in the attached copy of our letter to the City of Naples, we did, indeed, allow a credit for the existing use - the entire 900 SF, not just the restroom and office area. This credit arrangement is also consistent with the Ordinance. -'-- In summary, we do not believe that the Mangrove Caf6 is exempt from the additional road impact fees. The conversion of retail space to restaurant space is, on its face, an indication of an increase in trip generation (91.7 trips/1000 SF for retail vs. 96.5 trips/1000 SF for restaurant). I have no comment with respect to the EMS impact fees. I am unfamiliar with that ordinance and was not aware, until receipt of Mr. Vega's letter, that they were also in dispute. If so directed, I will prepare an Executive Summary to the Board requesting a review hearing in accordance with Section 3.07 of the Ordinance. If there are any questions or if you seek additional information, please let me know. cc: Vincent A. Cautero, AICP, Community Development Administrator Ginny Stack, City of Naples Permit Clerk Attachments: 1. Attorney Vega's January 15, 1999 Letter 2. December 30, 1998 Letter to City of Naples Building Department ATTACHMENT NO. ~S " ' " ': PAGE '~---- OF L- FEB 2 3 1999 DGo ~ ,,- .; "'_-- , , EXECUTIVE SUMMARY APPROVE AN AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR THE CONSTRUCTION OF A SIDEWALK ALONG U.S. 41 FROM COURTHOUSE SHADOWS EAST TO RATTLESNAKE HAMMOCK ROAD. OBJECTIVE: To gain Board of County Commissioners approval of a standard FDOT Contract Agreement (Attachment No. 1) for sidewalk construction along U.S. 41 East from the vicinity of the Courthouse Shadows Shopping Center easterly to Rattlesnake Hammock Road. CONSIDERATIONS: In 1998, FDOT began construction of a six-lane improvement project from east of Airport Road in the vicinity of the Courthouse Shadows Shopping Center easterly to just east of Rattlesnake Hammock Road. That project included a new sidewalk along the northem right-of-way line of U.S. 41 East, but not along the south side. During the design of the roadway improvements, drainage, right-of-way and funding issues caused the elimination of the sidewalk along the south side of the roadway from the present construction project. Vigorous efforts on the part of interested local citizens, businesses and county staff have resulted in FDOT providing a set of plans and cost estimates to have the missing sidewalk added after the completion of the six-lane improvements. The proffered Agreement is based on having the County act as a contractor to the FDOT and assuming responsibility for bidding, constructing, testing and inspecting the sidewalk. The plans provide for the sidewalk to be placed within existing right-of-way with accommodations for drainage via areas of piping and short retaining walls with pedestrian railing. Although the retaining walls and railing add to the cost, staff believes a balance is achieved by the savings in time and money in not requiring additional right-of-way to place the sidewalk so that there is no impact on the existing drainage. The FDOT Agreement obligates the State to pay $460,000 for this construction work. The County would be obligated to fund the expenses of inspection, testing and project management. Staff estimates these costs will be about $60,000. The total project cost is, therefore, estimated at $520,000 (with no allowance for contingencies). If the bids exceed the FDOT payment amount, the County would be required to fired the shortfall. Staff is confident that the estimate of $460,000 is adequate. This figure was originally set by FDOT at $432,000; however, a review and check by PWED staff indicated that the higher figure should be the basis for the Agreement (Attachment No. 2). FISCAL IMPACT: The total project cost is estimated to be $520,000, including County inspection, testing and project management. Funds will be made available in Road Construction Gas Tax Fund 313-163673 when the carry-forward is appropriated for FY 99. Staff anticipates that this event will occur in March, 1999. The FDOT will reimburse the County in the amount of $460,000 upon completion of the work resulting in a net cost to the county of $60,000. FEB 2 3 19S ~,~. I . Executive Summary Approve an Agreement with FDOT for Sidewalk Construction along U.S. 41 East ""' Page 2 of 2 GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners: 1 ) Approve the Agreement with FDOT; 2) Authorize the Chairwoman to sign on behalf of the Board; 3) Authorize staff to process all necessary docume ttation to implement the Board's direction; and 4) Approve the necessary budget . PREPARED BY: _~fi~Z DATE: ~ Edward J. Kant.., . ransportation Services Director APPROVED ~ ~ DATE:;-/~ ~'~-t Ed Ilschn'~i 'lffil~ic Wc~rks idministrator ' Attachments: No. 1 - FDOT Agreement No. 2 - PWED Revised Cost Estimate FEB 2 3 1999 1 RESOLUTION NO. 99- 2 3 A RESOLUTION AUTHORIZING EXECUTION OF AN 4 AGREEMENT FOR SIDEWALK CONSTRUCTION FROM 5 COURTHOUSE SHADOWS SHOPPING CENTER TO 6 RATTLESNAKE HAMMOCK ROAD ALONG THE SOUTH 7 SIDE OF U.S. 41 WITH THE STATE OF FLORIDA 8 DEPARTMENT OF TRANSPORTATION AND PROVIDING 9 AN EFFECTIVE DATE. 1o 11 WHEREAS, the Collier County Board of County Commissioners (BCC) wishes to 12 provide sidewalks along both sides of all major roadways within Collier County; and 13 WHEREAS, the Collier County BCC, after negotiation with the State of Florida 14 Department of Transportation (FDOT, believes that it can assist in providing said sidewalks along 15 the south side of U.S. 41 from the Courthouse Shadows Shopping Center to Rattlesnake 16 Hammock Road; and 17 WHEREAS, the FDOT has agreed to provide funds in the amount of $460,000.00 to 18 pay for said sidewalk, and; 19 WHEREAS, the Collier County BCC believes such an Agreement to be in the best 2o interest of the citizens of Collier County; 21 NOW, THEREFORE, be it resolved by the BCC of Collier County, Florida, that: 22 23 SECTION 1: The BCC does hereby authorize its Chairwoman to execute an Agreement 24 entitled, "Agreement between the State of Florida Department of Transportation and Collier 25 County for Sidewalk Construction CUS 41) from Courthouse Shadows to Rattlesnake Hammock 26 Road", between Collier County and the FDOT, agreeing to construct the said sidewalk in 27 exchange for a reimbursement from the FDOT in the amount of $460,000.00. 28 SECTION 2: This Resolution shall take effect immediately upon its passage. 29 30 This resolution adopted after motion, second and majority vote favoring same this 31 __dayof ,1999. 32 33 ATTEST: BOARD OF COUNTY COMMISSIONERS 34 DW1GHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA 35 36 By:. By: 37 Deputy Clerk PAMELA S. MAC'KIE, Chairwoman 38 39 4o Approved as to form and Ik/Heidi ~. Ashton 4~ Assistant County Attorney ITEM/SEG~ 'NO: 1954001 FAP NO: COUNTY: COLLIER AGREEM~-NT BETWEEN TF!~, STATE OF FLORIDA DEPARTMv, NT OF TRANSPORTATION AND COLL!~,R COUNTY FOR SIDEWALK CONSTRUCTION (US41) FROM COURTHOUSE SHADOWS TO RATTLESNAKE HANIMOCK ROAD This is an Agreement by and between the STATE OF FLORIDA DEPARllvIENT OF TRANSPORTATION, hereinafter referred to as the "DEPARt" and COT .Lm:R COUNTY, FLORIDA, hereinafter referred to as the "COUNTY". WITNESSETH WHEREAS, the COUNTY has the authority to enter into said Agreement and to undertake the Projeit hereinafter described; and ._. ~, said PROJECT is on the State Highway System and the DEPARTM~.NT has the authority, under Section 334.044, Florida Statutes, to enter into this Agreement; and ~, the DEPARTMI~rr will compensate the COUNTY for costs directly related to the construction of the Project; and WHEREAS, the COUNTY by Resolution No. ., dated the . day of ,199__, a copy of which is attached hereto and made a part hereof, has authorized its officers to enter into this Agreement. NOW THEREFORE, in consideration of the mutual covenants, promises and representations contained herein, the parties agree as follows: 1.a) The COUNTY agrees to undertake construction and construction engineering and inspection services (CEI) and the DEPARTMENT agrees to pay for said services, as stated in paragraph 4 herein, provided they are performed in accordance with the terms and conditions of this Agreement. b) The services to be rendered by the COUNTY shall commence, robsequent to the execution of this Agreement, upon written notice from the Project Manager or his/her designee ("Nvfice to Proceed") and shall be completed within 150 calendar days from the date of said Notice. Said --_ Notice to Proceed shall clearly state that work is to commence after April 15, 1999 (not before). 2. The Project consists of adding 1.8 meter wide, 100 millimeters thick sidewalk to the south Road (M.P. 15.851). . ..... . . _ ,- ATIACHMEN'I' NO.- /,, FEB 2 3 PAGE / OF ~ ~,G.. 3. The DEPARTMENT must approve scope of services (prior to advertising by the COUNTY) and the contractor selected for the Pwject. All work to be performed under this Agreement to be in accordance with the requirements listed in Exhibit "A" and the plans included as Exhibit "B", both attached hemto and by this reference made a part hereof. 4. The DEPARTMENT agrees to pay the COUNTY, for construction and construction engineering and inspection services (GEl) performed under this Agreement, the mount of FOUR HUNDR~13 SIXTY THOUSAND AND NO/100 DO~,ARS ($460,000.00). 5. The COUNTY shall periodically receive invoices from its contractor for work done as described herein. The COUN7~ will submit the invoices and back-up documents, along with a progress report from the contractor to the DEPARTMENT with written substantiation that the invoices are accurate and in accordance with the terms of this Agreement. All progress reports accompanying invoices shall describe the work accomplished to date and indicate the percentage of work completed. The DEPARTMENT will pay the COUNTY for the entire invoice mount for the actual direct costs (this excludes general and administrative overhead) pertaining to the work, provided the COUNTY certifies it is consistent with the project budget, and is determined to be in order for payment by the DEPARTMENT. Upon receipt of proper invoices as described in paragraph 9 herein, the DEPARTIVlF~NT will remit payment to the COUNTY. 6. The COUNTY agrees to provide project schedule progress reports to the DEPARTMENT in the standard format used by the DEPARTMENT and at intervals established by the DEPARTMENT. The DEPAR~ will be entitled at all times to be advised, at its request, as to the status of work being done by the COUNTY and of the details thereof. Fither party to the Agreement may request and be granted a conference. 7. All tracings, plans, specifications, maps and/or reports prepared or obtained under this Agreement shall be considered work made for hire and shall become the property of the DEPARTMENT without restriction or limitation on their use. The DEPAR~ will have the fight to visit the site for inspection of the work and the drawings of the COUNTY at any time. 8. All notices under this Agreement shall be directed to the following addresses: TO DEPARTMJq',NT: TO COUNTY: Paul Theberge, P.E. Edward J. Kant, P.E., Director Project Manager Transportation Services Deparlment Florida Department of Transportation Collier County Post Office Box 789 3301 East Tamiami Trail Fort Myers, Florida 33902-0789 Naples, Florida 34112 9. (a) Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 2 ATTACHMENT NO. / . ~~ PAGE 7_-- OF .. ?' ..' .....,~--.---- (b) Bills for travel expenses specific.~lly authorized in this Agr~ment shall be submitted and paid in accordance with Section 112.061, Florida Statutes. (c) The COUNTY shall allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY in conjunction with this Agreement. Failure by the COUNTY to grant such public access shah be grounds for immediate unilateral cancellation of this Agreement by the (d) ff this Agreement involves units of deliverables, then such units must be received and accepted in writing by the Contract Manager prior to payment. (e) The DEPARTMENT agrees to pay the COUNTY for the herein described services at a compensation as detailed in this Agreement. (f) Vendors (in this document identified as COUNTY) providing goods and services to the DEPART/Vm~NT should be aware of the following time frames. Upon receipt, the DEPARTMENT has five (5) working days to inspect and approve the goods and services, unless the Agreement specifies otherwise. The DEPARTMF_2qT has 20 days to deliver a request for payment (voucher) to the Department of Banking and Finance. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. (g) If a payment is not available within 40 days, a separate interest penalty at the rate established pursuant to Section 55.03(1), Florida Statutes, per day will be due and payable, in addition to the invoice mount, to the Vendor. Interest penalties of less than one (1) dollar will not be enforced unless the Vendor requests payment. Invoices which have to be returned to a Vendor because of Vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the DEPARTMENT. (h) A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual include acting as an advocate for contractors/vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 488-2924 or by calling the State Comptroller's Hotline, 1-800-848-3792. (i) Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the DEPARTMENT at all times during the period of this Agreement and for three years after final payment is made. Copies of these documents and records shall be furnished to the DEPARTM'FrNT upon request. Records of costs incurred include the contractor general accounting records and the project records, together with supporting documents and records, of the contractor and all subcontractor(s) performing work on the project, 3 ATTACHMENT NO. / FEB 2 3 1999 PAGE ,~' OF ~ PG. ~, and all other records of the contractor and subcontractor(s) considered necessary by the DEPARTMF2rF for a proper audit of costs. (j) The DEPARTIVlF~NT, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its 'terms, involves the expenditure of money in excess of the mounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The DEPARTMENT shall require a statement from the Comptroller of the DEPARTMENT that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Accordingly, the State of Florida' s performance and obligation to pay under this Contract is contingent upon an annual appropriation by the Legislature. (k) No funds received pursuant to this Agreement may be expended for lobbying the Legislature or a state agency. (I)" The COUNTY shall not sublet, assign or transfer any work under this Agreement without the prior written consent of the DEPARTlvrFNT. (m) The DEPAR~ shall not be obligated or liable hereunder to any party other than the COUNTY. (n) In no event shall the making by the DEPARTMENT of any payment to the COUNTY constitute or be construed as a waiver by the DEPARTMENT of any breach of covenant or any default which may then exist, on the part of the COUNTY, and the making of such payment by the DEPARTMENT while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the DEPARTMENT with respect to such breach or default. (o) A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s.287.017 for CATEGORY TWO for a period cf 36 months from the date of being placed on the convicted vendor list. (p) Unless otherwise specifically stated herein, this Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue of any judicial proceedings arising out of the Agreement shall be in Leon County, Florida. A'!"rACHMENI NO. / FE 2 B 3 1999 PAGE (q) The COUNTY shall carry and keep in force, during the period of this Agreement, insurance policy(ies) to protect the DEPARTMI~NT as required by Section 7-12 and 7-13, Standard Specifications for Road and Bridge Construction 1999, as amended. (r) The COUNTY shall comply with all federal, state and local laws and ordinances applicable to the work or payment for work thereof, and shall not discriminate on the grounds of race, color, religion, sex, national origin, or physical disability in the performance of work under this Contract. 10. a) This Agreement may be canceled in whole or in part any time the interest of the DEPARTMENT requires such termination. The DEPARTMF. Xr reserves the fight to seek termination or cancellation of this Agreement in the event the COUNTY shall be placed in either voluntary or involuntary bankruptcy. The DEPART/V~NT further reserves the right to terminate or cancel this Agreement in the event an assignment be made for the benefit of creditors. b) If the DEPARTIv~NT determines that the performance of the COUNTY is not satisfactory, the DEPARTlVn~-NT shall have the option of (i) immediately terminating the Agreement, or (ii) notifying the COUNTY of the deficiency with a requirement that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated at the end of such time, or (iii) take whatever action is deemed appropriate by the DEPARt. c) If the DEPARTMENT requires termination of the Agreement for reasons other than u~tisfactory performance of the COUNTY, the DEPARTMENT shall notify the COUNTY of such termination, with instructions as to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. d) If the Agreement is terminated before performance is completed, the COUNTY shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the contract price as the amount of work satisfactorily completed is a percentage of the total work called for by this Agreement. All work in progress will become the property of the DEPARTMENT and will be turned over promptly by the COUNTY. 11. ff any part of this Agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction or by any other legally constituted body having the jurisdiction to make such determination, the remainder of this Agreement Shall remain in full force and effect provided that the part of this Agreement thus invalidated or declared unenforceable is not material to the intended operation of this Agreement. 5 ATTACHMENT NO. / FEB 2 3 1999 PAGE ,.S"" OF 12. a) To the extent allowed by Section 768.28, Florida Statutes, the COUNTY hereby agrees to indemnify, defend, save and hold harmless the DEPARTMENT and all of its officers, agents or employees from all suits, actions, claims, demands, liabilities of any nature whatsoever arising out of, because of, or due to breach of this Agreement by the COUNTY, its officers, agents, employees or subcontractors or due to any negligent act or occurrence of omission or commission of the COUNTY, its officers, agents, employees or subcontractors. Neither COUNTY nor any of its officers, agents, employees or subcontractors will be liable under this section for the negligence of the DEPAR~ or any of its officers, agents or employees. The parties agree that 1% of the total compensation to the COUNTY for performance of this Agreement is the specific consideration from the DEPARTlVn~-NT to the COUNTY for the COUNTY's indemnity agreement. b) The COUNTY agrees to include the following indemnification in all contracts with contractors/subcontractors Who perform work in connection with this Agreement: "The contractor shall indemnify, defend, save and hold harmless the DEPARTMENT and all of its officers, agents or employees from all suits, actions, claims, demands, liability of..any nature whatsoever arising out of, because of, or due to any negligent act or occurrence of omission or commission of the contractor, its officers, agents or employees. Neither the contractor, nor any of its officers, agents or employees will be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of the DEPARTMmqT or any of its officers, agents or employees." 13. This Agreement shall continue in effect and be binding on the parties until the Project is completed, final costs are known, the DEPARTlVlnl, rf has given the COUNTY written notice of final acceptance and all legislatively appropriated payments, if approved, are made by the DEPARTMF2qT. 14. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained heroin, and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or agreements whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. ATTACHMENT NO. / FEB 2 3 1999 PAGE IN WITNESS WHEREOF the COUNTY has caused this Agreement to be executed in its behalf this day of ,1999, by the Chairperson of the Board of Commissioners, auihorized to enter into and execute same by Resolution Number of the Board on the __ day of ., 1999, and the DEPARTMENT has executed this Agreement through its District Secretary for District One, Florida Department of Transportation, this ~ day of ,1999. BOARD OF COUNTY COMMISSIONERS STATE OF FLORIDA COLLIER COUNTY, FLORIDA DEPARTMENT OF TRANSPORTATION By: By: PAMELA S. MAC'KIE, CHAIRWOMAN DISTRICT SECRETARY ATTEST: ATTEST: DWIGHT E. BROCK, CLERK By: (Seal) By: .(Seal) EXECUTIVE SECRETARY Approved By: PROJECT MANAGER Approved as to form and Approved as to Form and Legality: legal sufficiency: By: LCT By: ASSIST dOUNTY ATTORNEY DISTRICT LEGAL COUNSEL ATTACHMENT NO. / 7 FEB 2 3 1999 PAGE EXltlRIT "A" All proposals, plans, specifications, environmental permits, acquisition, construction, reconstruction or improvement of facilities or equipment within or connecting to State Owned Right of Way shall comply with the following: a) Section 287.055, F. S. "Consultants' Competitive Negotiations Act". b) I:rDOT "Project Development and F_.nvironment Manual". c) Section 404 of the Clean Water Act, Wetlands Permitting Program (U.S.A.C.O.E.). d) Rule Chapter 62-312 FAC, Dredge and Fill Activities (DF_.P). e) Rule Chapter 40D-4 and 40D-40, Surface Water Management (S .W.F.W.M.D.), as applicable. f) Rule Chapter 40E-4 and 40E-40, Surface Water Management (S.F.W.M.D.), as applicable. g) A policy on Geometric Design of Highways and Streets (AASHTO) 1990, as mended. h) Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways, State of Florida, 1994 Edition, "Green Book". i) Roadway and Traffic Design Standards for Design, Construction, Maintenance and Utility Operations for Streets and Highways on State Maintained Systems, 1994, as amended. j) Florida Department of Transportation Roadway Plans Preparation Manual (2 Volumes), 1989, as amended. k) Manual on Uniform Traffic Control Devices, 1988 Edition. 1) Florida Department of Transportation Standard Specifications for Road and Bridge Construction, 1991, as amended. m) Structures Standard Drawings, FDOT, 1996 Edition. n) Florida Department of Transportation Structures Design Guidelines, 1987, as amended. o) Rule Chapter 14-96, Florida Administrative Code (FAG), State Highway System Connection Permits, Administrative Process and Rule Chapter 14-97 FAG, State Highway System 8 lN°'~ ATTACHMENT NO. / ~!B 3 9 PAGE ,~ OF q / _ Access Management Classification System and Standards. p) Rule Chapter 14-86 FAC, Drainage Connections. q) State of Florida Department of Transportation Drainage Manual, 1996, as amended. r) Minimum Specifications for Traffic Control Signals and Devices, 1994. s) Florida Statutes regulating acquisition of right-of-way for transportation facilities, including, but not limited to Chapters 73, 74, 287, 336, 337, 339 F. S. t) Title 23, Code of Federal Regulations, Chapter 1, Subchapter A, Part 1, Section 1.23 and Subchapter H, Part 710, Subparts B, C. & D. H: \USERS \LG 150RL\WHC'~LI~GAL\EXH]~2. ENG ATTACHMENT NO. / FEB 2 3 1999 PAGE. ~ OF_ ? .p./A . COLLIER COUNTY PUBLIC WORKS ENGINEERING DEPARTMENT MEMORANDUM Date: January28,1999 To: Ed Kant, P.E., Transportation Director From: Mitch Momtaz, ~.E!'V[ E Project Manager RE: U.S. 41 sidewalk (1.5 miles) Cost Estimate The estimated grand total cost of the project is $541,323, which is $109,323 more than what the State is proposing to pay. U.S. 41 sidewalk project begins at Courthouse Shadows and extends to Rattlesnake Hammock Rd, a distance of approximately 1.5 miles. We used the average cost of available information for similar projects to compile the attached spreadsheet. Please note, due to time constraint, where item price was not available or very close to that of the consultant's, the same was used. An assumption was made that construction will last 120 calendar days. We also assumed the construction lay out will be the responsibility of the contractor(to be performed by a registered land surveyor). This will be included in the bid document though will not appear as a separate item. It is assumed that testing for the project will be performed by an independent laboratory at the owner's expense. This will not relieve the contractor from his responsibility to provide the County with acceptable material or product. CC: JeffBibby, P.E., Director PWED Rich Hellriegel, P.E., Sr. Project Manager ATTACHMENT NO, Z t FEB 2 1 '99 PACE / OF ~ . _ Pc._ ~ ..... _ """' Sheet1 US 41 SIDEWALK(1.5 miles) COST ESTIMATE DESCRIPTION UNIT QTY UNIT PRICE AMOUNT MOBILIZATION LS 1 5;30,000.00 5;30,000.00 MOT LS 1 $15,000.00 $15,000.00 WORK SIGNS LS 1 5;810.00 5;810.00 BARRICADES LS 1 $1,488.00 $1,488.00 WARN SIGN LS 1 5;1,500.00 $1,500.00 SIGN W/LIGHT LS I $1,530.00 $1,530.00 MOWING AC 1 5;33.00 $33.00 HAY BALES EA 288 $5.00 5;1,440.00 TURBIDITY FT 132 5;5.00 $660.00 CLEAR &GRUB LS I S71,000.00 $71,000.00 REMOVE CONCRETE YD2 34 $10.00 5;340.00 EMBANKMENT YD3 2082 $10.00 $20,820.00 BASE OPTIONAL YD2 27 5;18.00 5;486.00 TACK COAT GAL 3 $5.00 5;15.00 ASPHALT TYPE S TN 4.2 S100.00 5;420.00 FC-3 TN 2 5;100.00 S200.00 MISC ASPHALT TN 2.8 5;100.00 S280.00 CONC( RET WALL)CLASS I YD3 182 5;300.00 $54,600.00 INLET TYPE C EA 2 5;1,000.00 $2,000.00 INLETS TYPE E EA I S1,500.00 5;1,500.00 INLETS TYPE G EA I 5;1,800.00 $1,800.00 MANHOLES (P-8) EA I 5;1,500.00 $1,500.00 CONC PIPE 18" .SS FT 56 $27.00 $1,512.00 CONC PIPE 18" SD FT 32 $25.00 5;800.00 CONC PiPE 36" SD FT 56 5;48.00 $2,688.00 CONC PIPE 24"X38" SS FT 80 5;50.00 $4,000.00 CONC PiPE 24"X38" CD FT 24 5;50.00 5;1,200.00 CONC PIPE 19"X30" SD FT 144 5;40.00 5;5,760.00 CONC PIPE 24"X38" SD FT 56 $45.00 5;2,520.00 MES 18" EA I 5;400.00 5;400.00 MES 36" EA 2 5;1,100.00 $2 200.00 MES 19'X30" EA 4 $900.00 $3 600.00 MES 24"X38" EA 2 $1,200.00 $2 400.00 PIPE HANDRAIL FT 942 $40.00 $37 680.00 CURB &GUTTER FT 150 5;10.00 $1 500.00 SIDEWALK CONC 4" THICK YD2 4356 5;20.00 $87 120.00 ATTACHMENT NO. Z.. Sheet1 US 41 SIDEWALK(1.5 miles) COST ESTIMATE DESCRIPTION UNIT ,. QTY UNIT PRICE AMOUNT FERTELIZER TN I $200.00 $200.00 WATER IN 1000 GAL 130 $10.00 $1,300.00 SODDING YD2 21000 $1.50 $31,500.00 REMOVE MARKING FT2 175 $2.00 $350.00 TRAFFIC STRIPE SOLID 12" FT 2960 $1.25 $3,700.00 TRAFFIC STRIPE SOLID 24" FT 70 $3.00 $210.00 GROUNDING FT 345 $4.00 $1,380.00 CONDUIT FT 250 $3.00 $750.00 CONDUIT (JACKED) FT 1600 $20.00 $32,000.00 CABLE SIGNAL PI 5 $1,700.00 $8,500,00 PULL BOX EA 17 S175.00 $2,975.00 SIGNAL TRAFFIC AS 3 $381.00 $1,143.00 PED SIGNAL AS 7 $302.00 $2,114.00 PED SIGNAL AS 8 $600.00 $4,800.00 SIGNAL HEAD AUX EA 9 $324.00 S2,916.00 LOOP ASSEMBLY AS 1 S419.00 $419.00 DET PEDESTRIAN EA 23 $75.00 S1,725.00 SIGNAL HEAD REMOVAL EA 2 $28.00 $56.00 PED SIGNAL HEAD REMOV EA 3 $20.00 $60.00 PED SIGNAL REMOVAL EA 3 $88.00 $264.00 DETECTOR REMOVAL EA 3 $14.00 $42.00 SUBTOTAL1 $457,206.00 INSPECTION HRS 500 $55.00 $27,500.00 TESTING LS 1 $15,000.00 $15,000.00 PROJECT MANAGEMENT HRS 240 $66.00 $15,840.00 SUBTOTAL2 $515,546.00 CONTINGENCY LS 1 $25,777.30 $25,777.3O GRAND TOTAL $541,323.30 ATTACHMENT PAGE EXECUTIVE SUMMARY OBTAIN BOARD DIRECTION ON PROVISION OF SEWER SERVICE TO THE ISLE OF CAPRI OBJECTIVE: To obtain Board of County Commissioners direction on provision of sewer service and request to amend the Collier County Water-Sewer District (CCWSD) service territory to exclude the Isle of Capri, including La Peninsula, and allow the area to be incorporated into the Florida Water Services Corp. (FWSC) sewer franchise area. CONSIDERATIONS: The Isle of Capri is presently within the water and sewer service area of the CCWSD. The CCWSD provides potable water service to the island. The CCWSD does not presently provide wastewater service to the Isle of Capri nor does its master plan include plans to provide wastewater service in the future. Most of the Isle of Capri is served by septic tanks, however the La Peninsula development is served by a small sewer treatment plant that has some problems meeting DEP operating permit condition. La Peninsula had approached the CCWSD and Florida Water Services, Corp. (FWSC) to explore available alternatives to resolve their problem. The CCWSD can extend sewer service. FWSC can provide sewer service at a ,--- dramatically lower cost. FWSC has made application to the Collier County Water and Wastewater Authority (Authority) for territorial expansion of its Marco Shores sewer service area to include the Isle of Capri. Staff supports transferring Isle of Capri wastewater service rights to a provider best able to meet the community's needs. FWSC appears to be in a good position to provide service in a cost effective manner. The Authority procedures for requests to change territorial boundaries is as the follows: Application or submission of application to the Authority. Verification of completeness of application by staff. · Obtain written input from Public Works and planning staff that expansion does not conflict with any master plan or growth management plan. · Present completed application to the Authority. · If approved, changes are made to territorial boundaries. Public Works staff has received a request for input on the FWSC request. Because the Utility and Franchise Regulation proceedings do not include a step for BCC review and approval, Public Works staff is seeking BCC direction prior to issuing a response to the Authority's request for a letter of no objection. FWSC intends to construct a small diameter force main to connect the Isle of Capri to -"'- FWSC owned and operated treatment facilities located in Marco Shores. The La Peninsula sewer treatment plant will be brought off line and a lift station built by FX TSC, f:\executive summaryXla peninsula - fwsc.doc NO"'~L~ 1 FEB' 2 3 1999 The initial plan calls for the La Peninsula development to be cmmected and other potential users be given the opportunity to connect. The current FWSC plan does not call for the entire Isle of Capri to be served. FISCAL IMPACT: There are no funds budgeted or plans to extend CCWSD sewer service to the Isle of Capri. As part of the preliminary discussions, Anchor Engineering prepared a total project cost estimate of $4,223,694. If CCWSD service is extended, construction of a gravity sewer system to serve the entire Isle of Capri would be required. This cost would be borne by the Isle of Capri property owners through a property (MSBU) assessment methodology. The impact to individual properties would likely be $4,693, plus impact fees and cost of individual connection(s). GROWTH MANAGEMENT IMPACT: None. RECOMMENDATIONS: That the BCC consider the information provided and authorize staff to issue a letter of no objection to the Utility and Franchise Regulation Director, Bleu Wallace, regarding the proposed expansion of FWSC service territory to include the Isle of Capri and to exclude the Isle of Capri from the CCWSD sewer service territory. "" Prepared y: 'ALnn Marie Saylor,'Ad~trative Assistant VIate: :jr_/.~> _ . f?. Reviewed b'_/~~ Date: ,-~ '-"/~ ' '~ ~ Ed rrschner, Public Works Division Administrator C: Bleu Wallace, Utility and Franchise Regulation Director 2 FEB2 3 1999 EXECUTIVE SUMMARY · -- CONSIDERATION AND APPROVAL OF IRRIGATION WATER SUPPLY JOINT PARTICIPATION AGREEMENT OBJECTIVE: To obtain the Board of County Commissioners consideration and approval of a joint participation agreement (on file in the County Administrator's office, the Board of Commissioner's office andYor Minutes and Records) between the County and Collier Development Corporation (CDC). The agreement proposes shared construction funding for certain reclaimed water system improvements, well field (raw water) improvements, and a wellfield generated irrigation water supply agreement for CDC's Tract 21 development. CONSIDERATIONS: Through the County's reclaimed water system the County is supplying irrigation and fire protection to Pelican Bay and reclaimed water irrigation to certain other communities. In northern Collier County there are two sources of water. The primary source of water is treated reclaimed water (effluent) produced at the North County Regional Wastewater Treatment Facility and the Pelican Bay Wastewater Treatment Facility. The secondary source of water is ground water from the Pelican Bay well field. Groundxvater produced by the Pelican Bay wellfield is presently used only within Pelican Bay to supplement the supply of treated effluent and to ensure fire safety water requirements. The reclaimed water system is presently fully subscribed and capacity does not exist to provide reclaimed irrigation service to new customers. Additionally, the present system of supplementing treated reclaimed water with untreated groundwater from the Pelican Bay wellfield creates water quality concems, (odor and bacterial growth), in Pelican Bay. The proposed agreement with CDC will make "" additional groundwater available for the reclaimed irrigation system and mitigate existing water quality concerns through construction of a 4.7 MGD groundwater degasifier/odor control system. The agreement also commits the County to providing CDC Tract 21 with 800,000 gallons/day of reclaimed irrigation water. The principal elements and cost allocation of the CDC proposal are shown below: Item County CDC No. Item % County Cost % CDC Cost Total Cost 12" Raw Water Main, Immok A Rd to NRWWTF 100% 74,318.75 0% - 74,318.75 Construct 4.7 mgd raw water degassifter/odor control @ B NCRWWTF 83% 629,808.51 17% 129, 191.49 759,000.00 12" Rec. Main from Tract 21 C to Immok. Rd. 0% - 100% 139,150.00 139,150.00 D Item C Jack &Bore costs 0% - 100% 20,872.50 20,872.50 Tract 21 Back Pressure E Sustaining Valve 0% - 100% 31,625.00 31,625.00 Wellfield Remedial F Improvements 0% - 100% 200,000.00 200,000.00 Total Estimated Costs 704,127.26 520,838.99 1,224,966.25 g:\executive summariesXexecutive summarytract21final.doc FE 13 2.3 Ions The agreement discusses two phases. Under phase I, CDC will redirect the 12" Pelican Bay Wellfield raw water main to the NCRWWTF (item A), design, permit and construct a 4.7 MGD raw water degassifter system at the NCRWWTF (item B), construct a reclaimed water main with associated back pressure valves to serve Tract 21(items C,D & E), increase the Pelican Bay wellfield annual permitted withdrawal to 1.350 billion gallons and perform remedial work on the wells to achieve 3.7 mgd wellfield yield (item F). Under phase II CDC will apply its best efforts to obtain approvals and permit modifications to increase wellfield yield by an additional 1 mgd to allow the CCWSD to construct 2 additional wells to supplement the irrigation water supply. FISCAL IMPACT: This project is presently not budgeted. The total cost of the project is estimated to be $1,224,966.25. Under the proposed agreement the County will be responsible for funding improvements totaling $704,127.26 while CDC will fund improvements totaling $520,839. The annual operational cost for the odor control system is estimated to be between $65,000 and $85,000. Funding for the County's share of costs will require a budget amendment reducing reserves and creating a project number and budget to manage the project. The required budget amendment will reduce wastewater capital fund reserves for capital outlay by $704,128 and established a project budget in 414- 263611, wastewater capital projects, in a like amount. The current reserve budget is $1,449,371. CDC will incur construction-related costs and be reimbursed for such costs by the County upon submission of appropriate documentation. Reimbursement requests will be submitted on a monthly basis and be payable within 30 days. GROWTH MANAGEMENT IMPACT: None. -"'- RECOMMENDATIONS: That the Board review and approve the Irrigation Water Supply Joint Participation Agreement as proposed or with amendments, authorize the chairman to sign the agreement on behalf of the Board after review by the County Attorney's office for legal sufficiency, authorize staff to record the agreement in the Public Records of Collier County and authorize the necessary budget amendments as described herein. Submitted By: /r~/~ ,_~--- Date: Edward N. Finn, Operations & Interim Wastewater Director Approved By: ~ Date: Ed Ilschner, Public Works Division Administrator g:\executive summariesNexecutive summarytract21final.doc F E B 2.3 ]5 ~ ~ 2 EXECUTIVE SUMMARY AMEND THE SKATE PARK CONCESSION AGREEMENT Objective: That the Board of County Commissioners review the proposed amendment to the skate park concession agreement at the request of the concessionaire, Sparrow Ventures Inc. Consideration: During last year's budget hearings (FY99), the Board approved and budgeted $15,000 to improve the Edge Skate Park (Fleischmann Park), which is owned and operated by the City of Naples. The County's concessionaire, Sparrow Ventures Inc.(East Naples Park), is concerned with the Board's previous action to support another facility and jeopardize real and potential income at the County facility, which ultimately affects their net revenue. Any loss of revenue to the County facility also impacts ad valorem taxes. The current agreement states that the County will repair and maintain the ramps while receiving seven percent (7%) of the total gross revenues. The intended goal of the agreement was that the park would basically support itself through user fees ~. If revenues drop while maintenance repair costs continue however, the County will be obligated to utilize other revenue sources such as ad valorera tax dollars to support the maintenance cost2. The amendment to the agreement states that the County will no longer invest, contribute to, or perform in-kind services that supports non County skate park facilities. Conversely, the concessionaire will not compete against the County in any other venture. Growth Management: East Naples Community Park and its respective facilities are inventorled in the County Growth Management Plan. Fiscal Impact: The amendment is based on the potential for revenue loss and additional expenditures; therefore a fiscal impact cannot be quantified at this time. Recommendation: The Parks and Recreation Advisory Board and the Concessionaire request that the Board amend the concession agreement. Prepared by: ~,,,~~~--~ Date: {~ohn Du~uck, Operations Coordinator Department of Parks and Recreation The County received close to $13,000 in revenue in fiscal year 1998. $15,000 is budgeted for annual fac~ity maintenance in FY99. Repairs are mostly attributed to weathering and therefore would continue even with less occupants. FEB 2 3 1999 Reviewed and.,.~? /, .., ,//,.;/,.i~¥;,;2.C~ Date: f /' "" :': Approvedby:/.,,.. ,~,;j,-: " -, Maria Ramsey, Director ' Department of Parks and Recreation .-~ Reviewed and Approved by: . ,., ~,~._., {Ld'f&~ Ste~e~'amell, Director Dep~ment of Purchasing Thomas W. Olliff, A~trator Division of public Services FIRST AMENDMENT TO SKATEBOARD PARK CONCESSION AGREEMENT This document mends the Skateboard Park Concession Agreement ("Agreement") of August 26, 1997, between Collier County and Sparrow Ventures, Inc.. The following paragraph is added to the Agreement: To protect the County's investment in the subject Skateboard Park, for the duration of the Agreement, including renewal, neither the County nor the Concessionaire will invest in, contribute to, or perform any in-kind services to help support any other skateboard facility that is not operated by Collier County and it then appears that the other skate board facility could compete for any then existing or potential skaters of this Skate Board Facility. Except as expressly amended, the Agreement remains unchanged. Dated: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, CLERK By:. BY: Deputy Clerk Pamela S. Mac ' Kie , Chairwoman Approved as to form and SPARROW5. legal sufficiency~~ By: Thomas C. Palmer Assistant County Attorney WITNESS: ' ;'~name WITNESS: Print name F ,., E B 2 3 a999 FIRST AMENDMENT TO SKATEBOARD PARK CONCESSION AGREEMENT This document amends the Skateboard Park Concession Agreement ("Agreement") of August 26, 1997, between Collier County and Sparrow Ventures, Inc.. The following paragraph is added to the Agreement: To protect the County's investment in the subject Skateboard Park, for the duration of the Agreement, including renewal, neither the County nor the Concessionaire will invest in, contribute to, or perform any in-kind services to help support any other skateboard facility that is not operated by Collier County and it then appears that the other skate board facility could compete for any then existing or potential skaters of this Skate Board Facility. Except as expressly amended, the Agreement remains unchanged. Dated: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: -.-- DWIGHT E. BROCK, CLERK By:. BY: Deputy Clerk Pamela S. Mac ' Kie , Chairwoman- Approved as to form and ~p SPARROW VE S, INC. legal sufficiency ""'- resident/ Thomas C. Palmer Assistant County Attorney WITNESS: n , Print name F B 2 3 1999 MEMO RAND UM DATE: February I I, 1999 TO: Board of County Commissioners ,, FROM: Bob Fernandez, County Administrato4 RE: Topics for the Annual Citizens' Telephone Sum,ey Chuck Mohlke, Coordinator for the County's Annual Citizens' TelelJhone Sun,ey, has requested titat staff submit suggested topics to be included in this year's sum,ey. This request will appear on the February 2Ya BCC agenda; please be prepared to address this subject with any items you may have for the sum,ey. If you have any questions regarding the above, please do not hesitate to contact nte. RFF/BP ' XGEND~ I?/F~ ' No, ?r F E B ;~ .~ EXECUTIVE SUMMARY DISCUSSION REGARDING A PROPOSAL TO HOLD COMMISSION WORKSHOPS IN EACH COMMISSION DISTRICT OBJECTIVE: To provide the public with an opportunity to meet with the County Commission in a forum outside of the regular meeting schedule. CONSIDERATIONS: The County Commission, during its Strategic Planning Session, indicated an interest in having workshop type meetings in the different County Commission Districts. The Board asked to have a schedule of meetings prepared for its consideration. Listed below is a schedule that provides tentative meeting times and locations. Each location has been contacted and can accommodate the proposed meetings if the Commission proceeds with the workshops and this proposed schedule. District pr0pos¢{l Date Proposed Time LocatiOn District Five March 18 7:00 p.m. Immokalee Middle School District Four April 22 7:00 p.m. Avalon Elementary School District Three May 20 7:00 p.m. Golden Gate Community Center District Two June 17 7:00 p.m. St. Johns Catholic Church District One July 15 7:00 p.m. Edison Community College Each meeting as shown is on the third Thursday evening of the month. The schedule is designed to allow all of the meefngs to occur prior to the budget public hearings in September, and the majority of the meetings prior to the Board's budget workshops. District Five was selected first in response to Commissioner Berry's offer at the workshop to have the first meeting in her district, and in an effort to allow the staff to make a brief presentation and hopefully encourage some community discussion regarding the recent Federally Designated Enterprise Community and the associated $2.5M grant award and the proposed Jobs Training Center for which State funding is curren~y being sought. The meetings are scheduled simply in reverse order of the Commission district numbers. Prior to each workshop a tentative agenda of items that would be of interest to each particular district would be presented to the Board. The staff would be prepared to make brief presentations on these items to begin each meeting. These items might include road construction projects and schedules, capital projects such as parks and libraries, and any budget issues that might be included within the proposed FY 00 budget that the Board will be considering over the summer and early fall. However, it is anticipated that the majority of the time would be spent in hearing public speakers. It should be noted that because these are planned as workshops that no official actions would be taken. Issues raised that require follow up would be scheduled for subsequent regular Commission meetings. GROWTH MANAGEMENT IMPACT: There is no growth management plan impact associated with holding Commission workshops in various locations throughout the Community. FISCAL IMPACT: For each meeting the only real costs would be those associated with providing court reporting services, which are estimated to be $3,703. RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS approve the proposed meeting schedule and authorize the staff to make the necessary meeting location arrangements and issue the necessary eeting advertisements, and if there are conflicts, determine dates or locations that might be more accepta . q Submitted by' .-.'!'i~/ . .,~' ,,, 9. ~.'~ :/4,,(~; ""' Femandez, County/A'd/ninistrator FEB 2 3 B99 , pg. _!t ~ Submitted to: The Board of County Commissioners Presented by: Bob Femandez, County AdminiStrator Issue: Internal Training The County has for some time provided a number of training programs to its employees through the Human Resources Department. These programs have been taught by skilled trainers through the Edison Community College and the Florida Institute of Govemment. These courses are necessary as they focus on important issues such as the mandatory sexual harassment training or diversity training. However, the curriculum appeared to leave two areas of training---unattended that I felt to be important; 1.) basic skills training regarding how business is conducted within the County Commission's Agency, and 2.) leadership skills training for new managers, or for potential supervisors and managers who have not had formal management education. These two gaps have been addressed through two new program initiatives entitled County. College and Learn to Lead. I will provide a brief presentation that will offer a basic understanding of the two programs and the benefits that the Commission and this agency can hope to realize. FEB 2 3 1999 Pg. l, EXECUTIVE SUMMARY AUTHORIZATION TO REQUEST COMPETITIVE PROPOSALS FOR THE CONSTRUCTION OF AN OFFICE BUILDING OBJECTIVE: To construct an office building to be occupied primarily by Public Works Division personnel. CONSIDERATIONS: On November 12, 1998 the Board conceptually approved a long range Facilities Master Plan. The first phase of the plan included, among other projects, a new facility for the Public Works Division to be located in close proximity to the existing Community Development Services Center located in the Naples Park of Commerce. Phase One also included the construction of additional correctional facilities at the main government center, as well as expanded offices for the Sheriffs operations and administrative personnel. Staff was directed at that time to evaluate funding options for those facilities recommended to be built in the first five years of the plan and return to the Board with recommendations. While staff was working to finalize the Facilities Master Plan, a series of complaints and claims were received from the occupants of Building A about the quality of the air in this facility. The Facilities Management Director immediately commissioned an indoor air quality consulting firm to conduct a study of the facility and to provide staff with any recommendations that might help to improve the environment. Staff also accelerated its efforts to locate interim leased office space for the occupants of Building A in response to the urgency expressed by the Shefiff's Office over these complaints. Within weeks, a preliminary report was received and a number of actions were taken to comply with the initial recommendations made by the consultant. On January 7, 1999, the Facilities Management Director received a memorandum from the Sheriff confirming a tentative agreement to occupy leased office space at two off site facilities. On January 20, 1999, the Sheriff sent a letter to the Chairwoman of the County Commission recommending instead that the Board enter into a lease with a purchase option contract with Arnold Development Companies for space in a yet to be constructed building in the Naples Park of Commerce. In this letter, the Sheriff stated that the occupants of Building A would be willing to continue working in that facility until a new building was constructed. On January 18, 1999, the final report from the indoor air quality consultant was received certifying that Building A was suitable for occupancy. The report also recommended additional remedial actions that should be taken to keep the building in good working order. A mechanical engineering firm has been retained to review these recommendations and provide cost estimates. B 1999 g... Based upon the conclusions contained in the consultant's final report and the Shefiff's willingness to delay a move out of Building A, staff recommends that the Board proceed as outlined in its recently adopted Facilities Master Plan and construct a new facility for the Public Works Division in the Commerce Park of Naples. A 'Request For Proposal" (RFP) would be published for a turnkey facility which could be completed within ten to twelve months. This would expedite the availability of space for this Division and in turn for the Sheriff's Operations. Relocation of Public Works personnel into this facility would allow the Sheriff to move the occupants of Building A into the offices vacated by the Public Works staff at the main government center. In the interim, additional remedial actions would be taken in Building A as recommended by the indoor air quality consultant. Proceeding in this manner has the following benefits: 1. It is consistent with the Board's long range Facilities Master Plan. 2. It is more cost effective than previously considered lease options. 3. It creates a tangible asset. A sixty thousand square foot building would be constructed in the same manner as the Development Services Building was constructed in 1988. If during the construction period the Sheriff had some acute requirements, a portable office facility up to 2500 square feet could be set up at the government center. FISCAL IMPACT: Funding for improvements in Building A, estimated at $190,000, are available in General Fund Reserves (001-919010-991000). Funds are not presently budgeted for the Public Works building. The estimated total cost of the 60,000 square foot facility is $6,006,112, which includes land, design and construction. Staff has reviewed funding alternatives and is recommending Florida Local Government Finance Commission Commercial Paper financing. Loans from this source use a variable interest rate and are presently being written with an interest rate of less than 4% with no up front costs. Interest rates from this source have historically been very stable. To qualify for this loan, building tenants would be restricted to governmental entities. The repayment schedule will be 10 years. This will require the initial 5-year loan to be rolled over for an additional 5 years. Payments would be structured on a 10-year amortization with approximate annual payments of $720,000 or $61,000 monthly. Annual debt service will be funded through rents charged to building tenants. The principal building occupant is the Utilities Section of the Public Works Division. Revenues for debt amortization would be primarily water and sewer user fees. The estimated annual per square foot rent will range between $12 and $15 exclusive of utilities and maintenance costs. The pledged revenue source will be any available non-ad FEB 43 1999 GROWTH MANAGEMENT IMPACT: This proposal is consistent with the Board's approved Facilities Master Space Plan and adds 60,000 square feet to the County's Growth Management Plan (inventory), Category B, Government Buildings. RECOMMENDATION: That the Board authorize staff to publish a "Request for Proposal" for an office building as proposed herein, endorse the financing plan and proceed with the consultant's recommended improvements to Building A, including the necessary budget amendments. Reviewed By: ~. ::~-~-: z/? Date: ,/~',' Skip Crimp, CFM/Director Facilities Management Department / Reviewed ny: ~/~>-~//~;:~,. ~/ Date: ~a~d~ ~ior, Dire~'~ Reviewed By ~ - Ed Ii n~r, ministrator P rks Division Approved By: ~~ Date: Support Services pinion F E B 2 3 1999 OBJECTIVE: To appoint 2 members to fulfill the remainder of vacant terms expiring on December 14, 1999 and December 14, 2000. CONSIDERATIONS: This committee is composed of 15 members and represent the various aspects of the development industry such as architect, general contractor, residential or builder contractor, environmentalist, land planner, land developer, landscape architect, professional engineer, utility contractor, plumbing contractor, electrical contractor, structural engineer, and attorney. The purpose of this committee is to provide reports and recommendations to the Board of County Commissioners to assist in the enhancement of operational efficiency and budgetary accountability within the Community Development Services Division and to serve as a primary communication link between the Community Development Services Division, the development industry and the citizens of Collier County. Members are required to file a Form 1 Statement of Financial Interest each year with the Supervisor of Elections. A list of the current membership is included in the backup. Mr. Jeffrey A. Nunner and Ms. Darlene Koontz resigned their positions on this committee. A press release was issued and resumes were received from the following 6 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Dennis E. Downes Attorney (planning &zoning) I yes none Thomas A. Donegan Professional Engineer 2 yes none Sally Lain Env/Citizen Activist I yes none Thomas Masters Professional Engineer 5 yes none James M. Anderson Designer & Constr Mgr 5 yes none Thomas J. Wegwert Residential Contractor 1 yes none COMMITTEE RECOMMENDATION: Sally Lam- term expiring on 12/14/00 Thomas J. We~wert - term expiring on 12/14/99 FISCAL IMPACT: NONE GROWTH MANAGEMENT iMPACT: NONE RECOMMENDATION: That .the' Board of County Commissioners consider the recommendation for appointment and appoint 2 members to fulfill the remainder of vacant terms and direct the County Attomey to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners AGENOA I M ""' No i7(.~fi~ Agenda Date: FEBRUARY 23, 1999 FEB 2 3 1999 "" ~ COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION I OFFICE OF THE ADMINISTRATOR DATE: February 4, 1999 TO: Sue Filson, Administrative Assistant Board of County Commissioners FROM: Vincent A. Caute~CP, Administrator Community Development and Environmental Services SUBJECT: Development Services Advisory Committee - Terms of membership The Development Services Advisory Committee at their January 6, 1999 meeting voted unanimously, by a vote of 10 - 0, to recommend to the Board of County Commissioners the appointments of Ms. Sally Lain and Mr. Thomas Wegwert to the Committee. During their meeting of February 3, 1999, the Development Services Advisory Committee recommended that Ms. Lam serve out the term of Darlene Koontz whose term expires on December 14, 2000 and that Mr. Wegwert serve out the term of Jeffrey Nunner whose term expires on December 14, 1999. These motions passed by unanimous vote. If you have any questions please do not hesitate to call me. RECEIV ED FEB 2 3 1999 COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION OFFICE OF THE ADMINISTRATOR DATE: January 11, 1999 TO: Sue Filson, Administrative Assistant -;AN ! 3 i99 Board of County Commissioners FROM: Vincent A. Cautero, AICP, Administrator ~ ]oard .~ Ccun'c:.' '~n~,,iss';oner~ Community Development and Environmental Services SUBJECT: Development Services Advisory Committee I have received and reviewed your memorandum of December 21, 1998 and the updated memorandum dated the same day with the resumes of the individuals who have applied for the vacancies on the Development Services Advisory Committee. Listed below are the names of the members who submitted resumes to you and the categorization of the applicants in their area of expertise. Dennis E. Downes - Attorney (Planning and Zoning) Thomas A. Donegan - Professional Engineer Sally Lam- EnvironmentalistJCitizen Activist Thomas Masters - Professional Engineer James M. Anderson - Designer and Construction Manager Thomas J. Wegwert - Residential Contractor During their meeting of January 6, 1999 the committee recommended the appointments of Ms. Lam and Mr. Wegwert and these motions passed by unanimous votes of 10 - 0. If you have any questions please do not hesitate to call me. FEB 2 3 1999 Development Services Advisory Committee "" ~Vork Pitone Appt'd Exp. Date Term Name Home Phone DateRe-appt 2ndE. qvDate 2rid Ternt Brian P. Nelson 262-2600 12/19/95 12/14/99 4 Years 3957 Deep Passage Way Naples, FL 34109 District: 3 CategoO,: Landscape Architect/Land Planner David Correa 12/16/97 12/14/01 4 Years 11257 Longshore Way West Naples, FL 34119 District: 5 Caregot3': Court Administration Charles Morgan Abbott 649-4286 12/14/93 12/14/97 4 Years 1306 28th Avenue North 649-4286 12/16/97 12/14/01 4 years Naples, FL 34103 District: 4 Categon.': General Contractor Clifford B. Barksdale 262-4173 12/14/93 12/14/95 2 Years .~ 620 14th Avenue South 12/19/95 12/14/99 4 Years Naples, FL 34102 District: 4 Category: Land Plarmer/Professional Engineer Jeffrey A. Nurmer ' 353-1551 12/19/95 1'~/14/99 4 Years 3603 kent Drive Naples, FL 34105 District: 1 Categon.': Professional Engineer Thomas R. Peek 649-4040 12/14/93 12/14/96 3 Years 90 East Avenue 12/17/96 12/14/00 4 Years Naples, FL 34108 District: 2 Category: Professional Engineer Darlene Koontz F --' 3 12/16/97 12/14/00 3 Years 4625 Chippendale Drive 774-0620 Naples, FL 34112 District: 1 Category: owner of secretarial support bs Wednesday, December 17, 1997 Page I of 3 FEB 2 3 1999 Development Services Advisory Committee "' Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Robert L. Duane 262-4617 10/18/94 12/14/96 2 Years 4880 6th Avenue, S.W. 353-4167 12/17/96 12/14/00 4 Years Naples, FL 34119 District: 3 Category: Land Planner R. Bruce Anderson 597-2814 12/14/93 12/14/97 4 Years 1670 Crayton Road 643-2841 12/16/97 12/14/01 4 Years Naples, FL 34102 District: 4 Category: Attorney K.ris A. Dane 394-3668 12/14/93 12./14/95 2 Years 1300 Dolphin Road 793-4541 12/19/95 12/14/99 4 Years Naples, FL 34102 District: 4 Category: Structural Engineer C. Perry Peeples 597-7088 12/17/96 12/14/00 4 Years 248 Vif<ing Wav 591-3993 Naples, FL 34 f 10 District: 2 Category: Attorney Jovceanna "JA" Rautio 591-1130 12/19/95 12/14/99 4 Years 1 d261 Windsor Wav 597-6481 Naples. FL 34109 District: 2 Categon.,: Utility Contractor Dalas D. Disney 261-3399 10/18/94 12/14/96 2 Years 7231 Radio Road, #301 455-2300 12/17/96 12/14/00 4 Years Naples, FL 34104 District: 3 Category: Architect Herbert Rosser Savage 394-1580 12/14/93 12/14/97 4 Years 816 Elkcam Cir. #101, P.O. Box 639 394-2918 12/16/97 12/14/01 4 Years Marco Island, FL 34146 District: 1 Category: Architect 'jVednesday, Decem~'er 17, 1997 Page 2 of 3 FEB 2 3 1999 Pg. Development Services Advisory Committee -'--- ~Vork Phone Appt'd Exp. Date Ter. t Name Home Pho.e DateRe-appt 2ndE. x77Date 2nd Term Dino J. Longo 597-2855 12/19/95 12/14/99 4 Years 3080 Orange Grove Trail 353-3711 Naples, EL 34120 District: 5 Category: General Contractor This 15 member committee was created on 10/12/93 by Ord. No. 93-76, amended on 11/07/95 by Ord. No. 95-60 to add additional categories of industry membership representation. This committee represents the various aspects of the development industry such as architect, general contractor. residential or builder contractor, environmentalist, land planner, land developer, landscape architect, professional engineer, utility contractor, plumbing contractor, electrical contractor, structural engineer, and attorney. The purpose of this committee is to provide reports and recommendations to the BCC to assist in the enhancement of operational efficiency and budgetary accountability within the Community Development Services Division and to serve as a primary communication link between the Community Development Services Division, the development industry and the citizens of Collier County. Members are required to file a Form 1 Statement of Financial Interest each year. Terms are 4 years. FL ST.4 T: Staff.' Vince Cautero, Comm. Dev. & E. S. Administrator: 403-2385 Wednesday, December 17, 1997 3 of ff FEB 2 3 1999 ..... MEMORANDUM DATE: December 21, 1998 Vinell Hills, Elections Office i RE: Voter Registration - Adviso~ Bo~d Appointments te Bo~d of CounW Co~issioners will soon consider the following individuals for appointment to one of the counW's adviso~ co~iuees. Please let me ~ow if those listed below are registered voters in Collier County. Also, please list the co~ission district in which each applicant resides. DEVELOPMENT SERVICES ADV COMM COMMISSION DIST~CT Deals E. Do~es 1362 Waikiki Cou~ Marco Isl~d, FL 34145 Thomas A. Donegan 6967 Mill Pond Circle Naples. FL 34109 Sallv L~ 5 Grey Wing Pointe Naples, FL 34113 Thomas Masters 4401 Pond Apple Drive Naples, FL 34119 J~es M. ~derson 661 13th Street, S.W. Naples, FL 34117 Tomas J. Wegwen 2090 East Cro~ Pointe Boulev~d Naples, FL 34112 Th~ you for your help. FEB 2 3 1999 MEMORANDUM DATE: December 21, 1998 TO: Vince Cautero, Administrator Community Development and Environme al eB'ices RE: Development Services Advisory Committee As you know, we currently have 2 vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this commirtee to submit a resume for consideration. I have artached the re?umes received for your review as follows: Dennis E. Downes 1362 Waikiki Court Marco Island, FL 34145 Thomas A. Donegan 6967 Mill Pond Circle Naples, FL 34109 Sally Lain 5 Grey Wing Pointe Naples, FL 34113 Thomas Masters 4401 Pond Apple Drive Naples, FL 34119 James M. Anderson 661 13th Street, S.W. Naples, FL 34117 Tomas J. Wegwert 2090 East Crown Pointe Boulevard Naples, FL 34112 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. AGE'N 'A" M Thank you for your attention to this matter. No. Attachments pg. RECEIVED DEC 16 1998 Board of Count~ Co~fssloners Dennis E. Downes 1362 Waikiki Court Marco Island, Florida 34145 December 17, 1998 Mrs. Sue Filson Administrative Assistant Board of County Commissioners 3301 Tamiami Trail East Naples, Florida 34112 Re: Development Services Advisory Committee Dear Mrs. Filson; I am interested in serving on the above referenced committee and enclose my resume for your consideratrion. If you have any questions, please call me at Shaw Aero Devices ( 941-768-5644 ext 209 ) during business hours or in the evening at 941-394-6318. Thank you for your courtesy and cooperation. Very truly yours, DED/md FEB 2 3 1999 PERSONAL RESUME DENNIS E · DOWNES, ESQ. Residence Address and Telephone Number: 1362 Waikiki Court Marco Island, Fla 34145 (941) 394-6318 Educational Background: Legal: Brooklyn Law School Joralemon Street Brooklyn, NY J.D., Jan. 1972 Undergraduate: Nassau Community College Garden City, NY A.A., June 1966 C. W. Post College of Long Island University Brookville, NY B.A. Political Science June 1968 Professional Experience: Jacobson & Goldberg, Esqs. Garden City, NY Associate Attorney, commercial litigation firm 1972-73 Dennis E. Dowries, P.O. Sag Harbor, NY 11963 1974 to 1996 Zoning, Real Estate, Estate/Trusts-Land use litigation-Corporate Senior Partner ~~ O'SHEA & DOWNES, LLP N 67 Hampton Road Southampton, NY 11968 [[8 23 1999 1996 to present Page 2. Vice President & General Counsel Shaw Aero Devices, Inc. Shaw Aero Realty Corp. Ft. Myers, Fla. Shaw AeroDevelopment, Inc. Naples, Fla. Jan 1997 - present Public Office and Employment: Municipal Attorney for: Assistant Town Attorney, Town of Hempstead, NY 1973 Village of Sag Harbor, NY 1977-1985 Village of North Haven, NY 1982-1985 Special Counsel-Zoning, Condemnation and Tax Village of Westhampton Certiorari: Beach, NY Village of Southampton, NY Town of Southampton, NY Town of Shelter Island, NY Special Assistant District Attorney for Village Prosecutions 1977-1985 Professional Organizations: American Bar Association- Committee on Probate and Real Property Suffolk County Bar Assoc. Former member Grievance Committee FEB 2 3 1999 Pg.// Page 3, Civic and Political Associations: Past Grand Knight Sag Harbor Council-Knights of Columbus; member Marco IslandKnights of Columbus; Past President Sag Harbor Lions Club; Former Trustee and member Noyac Civic Council; Former Director and Treasurer of The Park and Recreation Association of Sag Harbor, N.Y.,Inc.; Former Zone Leader and Committeeman Southampton Town Republican Committee Bar Admissions: New York State-1972 North Carolina-1988 United States District Court- Eastern & Southern Districts, NY - 1975 United States Supreme Ct. 1980 Personal Data: Spouse: Marilyn F. Downes, Daughters - Kelly & Dennielle Twenty five years experience in representing municipalities and land developers in zoning, subdivision and land use issues including preparation of comprehensive zoning plan and local laws, federal local waterfront revitilization plans (LWRP), zoning variances, site and development planning and land use litigation. References upon request FEB 2 3 1999 THOMAS A. DONEGAN, P.E. 6967 MII,L POND CIRCLE NAPLES, FLORIDA 34109 F~CEiV~E~ 1-941-594-5648 tdonegan@peganet.com DEC December 16, 1998 Fh3drd Of County Sue Filson, Administrative Assistant Board of Collier County Commissioners 3301 U.S. 41E. Naples, FL 34112 Re: Development Services Advisory Committee Dear Ms Filson, This is my application for a position as member of the Development Services Advisory Committee. I understand that a vacancy now exists on that committee. Artached is my Resume of past experience with the County. I retired as of March 31, 1998. Since that time I have continued as a Professional Engineer in private practice with my firm T. A~ Donegan & Associates. If additional information is needed, please give me a call at 594-5648. Sincerely, Thomas A. Donegas~ P.. FEB 2 3 999 RESUME OF THOMAS A. DONEGAN, P.E. PROFESSIONAL ENGINEER COLLIER COUNTY, FLORIDA 6967 MILL POND CIRCLE NAPLES, FLORIDA 34109 (941) 594-5648 Experience: Collier County, Florida, 1985 to 1998: As Professional Engineer and Project Manager assigned to many Collier Countv rojects involving design, constructran management and technical evaluation. ' F~ecent completed pro ects included the Golden Gate Estates Library, the Marco Island Library. the Medical Examiner facility, Caxambas Park Harbormaster Building, and the Max Masse Park basketball pavilion. As Engineer/ng Projects Manager assigned to mana e and coordinate projects that are included in the Capital Improvement Element of ~e Growth Management Plan for Collier Coun. Overall plan is to maintain concurrence of a project with the adopted standards fort{~vel of service. Activities include project planning consultant selection, scheduling and coordination of design, and construction on assigned projects. As Projects Coordinator for Facilities Management Department, assi ed to coordinate design and construction of the Health and Public Services Buil~g, the Agri_'culture Center Project, and the County Government Center Utilities Master Plan PrOject. Special projects Included review of ro osals for Development Services Budding,, an economic evaluation of the CentraFC~lled Water System, and a review of s ace needs for county employees at the Govemment Complex through the year 2008. As Projects Coordinator for the Solid Waste Development completed and economic evaluation of the pro sed Collier County Solid Waste Resource Recovery Program. Coordinated the Lan~ll Minin Project and re rt to the Florida Governor's Energy Office. Coordinated the Growt~ Manaaement BYe, solid Waste Sub-Element, and provided design services for the line:3 landfill !eachate collection and treatment system. Was member of other evalua,,;on committee that investigated the eighteen solid waste proposals for Resource Recovery in Collier County. As Director of Engineering for the Utilities Division, was assigned to plan, design, and direct water transmission and wastewater collection Systems for existing and new developments for Collier County. Initially employed by Collier County as an Engineer for the Utilities Division involved in design review and construction conformance to design and Collier County standards. Charles 0. Velzy, Associates, Inc., 1981 to 1985 Associate and Director of Business Development. Res.p~_nsible for Strategic market planning for all Velzy marketing segments, including solid waste, water, wastewater, general engineering and computer services. Performed investigations of ' to-energy markets and implemented plan for business development. Manager of project invem,gating patliological incineration alternatives FE rotary combustion chamber steam-generating system. Assigned as Pro' ect B 2 3 1999 on oil to coal conversion feasibility study. Served as a member of Technical Advisory Committee. Participated in business development phase of all major projects such as waste-to-energy ro'ect for the Connecticut Resources Recovery Authority and or New York State ~ce of General Services ~ Union Carbide Corporation, Tarrytown, NY, and other locations, 1942 to I980: Sales Manger ~ Municipal S stems. Responsible for development projects and marketing water, wastewater and soli~ waste energy recovery water projects and participated in negotiations With governmental and municipalities for solid-waste-to-energy system. Was employed by Union Carbide Corporation Linde Division in the industrial gas business. Assignments included Manger of Government Projects for oxygen and other cryogenic fluids fo.r the National Space Program. Other assignments were ~n sales, production, and engnneenng. Education: Registration: Professional Engineer: New York, 1948; Connecticut, 1975; Florida, 1976 Affiliations: Florida Engineering Socie , Calusa Chapter Chapter Secretary an~ditor of Newsletter. Chapter President and HiS Fellow National Society of Professional Engineers, Westchester Chapter Chapter Secretary and Director American Academy of Environmental Engineers Tau Beta Pi - National Engineering Society Naples PC Business Users Group AGE "TEN FEI9 2 3 1999 ~--,---_ ]'~oa: tally ~-u Faz: +1(941)~5-0430 To: Mars. Sue rilson raz: ?~4-3602 $a~e 1 of 2, Th~a Dec 17 1998 09:20:10 FAX I Date 12117198 I Number of pages including cover sheet TO: Mrs. Sue Filson FROM: Sally Lam PAGES 5 Grey Wing Pte. Naples, FL 34113 Phone Phone +I(94I)274-5464 FaxPhone 77~-36~2 FaxPhone Mrs. Sue Filson, Administrative Assistant Board of County Commissioners Attached is my letter of application for the Development Services Advisory Committee. If you need any further information to go with this letter. would you please let me know? Thank you. FEB 2 3 1999 Sally Lam, l(~41~17~-0430 ?o: Mrs. Sue P~.lson774-3602 Page 2 of 2, Thu Dec 17 1398 5 Grey Wing Pointe Naples, FL 34113 December 16, 1998 (941 ) 774-5464 FAX (941) 775-0430 e-mail MALGS@AOL.com Mrs. Sue Filson, Administrative Assistant Board of County Commissioners 3301 Tamiami Trail, East Naples, FL 34112 Dear Mrs. Filson; I am applying for the position on the Development Services Advisory Committee. As a full time resident of Collier Count2j, I have been involved with many civic organizations during the past seven years. I served on the Development Services Advisory. Committee as the environmentalia for two years when it was re-established but did not request another term at that time as I was pr~armg to serve a two year term as the President of the Naples Branch of the American Association of University' Women. I believe that my past ex]>erience on this committee would enable me to be a productive member of this group as I am familiar with its function and procedures. Yours truly, Sally Lain RECEIVED aEC !0 1998 December 10, 1998 Mrs. Sue Filson, Administrative Assistant FAX: 774-3602 Board of County Commissioners 3301 Tamiami Trail East Naples, FL 34112 Re: Development Services Advisory Committee Dear Mrs. Filson: Please accept this letter in application for the position on the Development Services Advisory Committee. As a resident of Collier County since 1978 and a registered Professional Engineer in the state of Florida since 1991, I can provide a varied perspective of the development community. I am currently employed by Vineyards Development Corporation as Director of Engineering. Enclosed is my resume providing rnore professional detail. Please do not hesitate to contact me if you have any questions or need any additional information. Thank you for your consideration. Sincerely, Thomas Masters, P.E. Director of Engineering N FEB 2 3 1999 Vineyards Development Corporation 98 Vineyards Boulevard pg. /~ (94 ] ) 353-]55] · Fax: (94]) 455-5057 THOMAS C. MASTERS, P.E. EDUCATION Florida Institute of Technology, B.S. Ocean Engineering, Honor Graduate 1986. Lely High School, Naples, Florida, 1981. PROFESSIONAL AFFILIATIONS Professional Engineer, #44735, State of Florida, 1991. American Society of Civil Engineers Florida Shore and Beach Preservation Association WORK EXPERIENCE DIRECTOR OF ENGINEERING February 1998 to Present: Vineyards Development, Inc., Naples, Florida. Responsibilities include coordinating the overall engineering, planning, permitting, construction and maintenance of all Vineyards projects. Additional responsibilities include architectural review and engineering input for the Vineyards Community Association. PRESIDENT October 1991 to February 1998: Founder of TMA Consulting, Inc., Naples, Florida. Responsibilities included design and management of civil and coastal engineering projects in Southwest Florida. This included site development, project cost analysis, storm water management and permitting at the state and local level. Specialties included hydrographic studies as well as the design, permitting and construction management of coastal projects. VICE PRESIDENT September 1993 to March 1996: Amaxus Incorporated, Naples, Florida. Cofounded this start-up service company. Management duties included development and implementation of services, production of marketing materials, placement and production of television advertising, computer network expansion, software development, corporate finance and personnel (12 employees.) STAFF ENGINEER April 1986 to July 1991: Coastal Engineering Consultants; Inc., Naples, Florida. Responsibilities included design, permitting and construction observation of coastal and civil projects. Special experience relating to beach nourishment includes computer analysis of beach profiles, wave refraction and diffraction terminal structure design and management of field data collection. S ~eci~-.... experience relating to marine facilities includes environmental studies, basin/slip design, dredge spoil disposal, computer modeling of flushing charact, !risticc~Bn;~ 3 1999 the design of upland marina facilities. December 3, 1998 ~,oarC c.f !:Scun~y Cc,~~, ss !e, nar2 Mrs. Sue Filson Administrative Assistant Board of Count~, Commissioners 3301 Tamiami Trail East Naples F1, 34112 Subject: Development Services Advisory Committee Dear Mrs. Filson: Please accept this letter as my application for consideration with regards to the vacant position on the Collier County Development Services Advisory Committee. Attached is a copy of my current resume, outlining my 11+ years of experience in the Collier County development community. As the resume shows, 1 have been involved in a diverse assortment of projects, including residential, commercial, institutional, and Public Works. Being a small business owner in the Engineering field, I have a vested interest in the operations of the Development Services department. and have dealings with them on a regular basis. I would appreciate the opportunity to be involved in a more active role, and would be delighted to contribute my time towards that objective. Should you have any questions or require additional information in order to process this application, please call me at 649-1509. Sincerely, ' t ' Af ,,5 ' AGEN/~f~Ie~ No. FEB 2 3 1999 \\EJROBAUND\97-0004 Corporate Development\Development Services Advisory' CommitteeUMA Application cover letter.doe 3050 North Horseshoe Drive, Suite 270, Naples, Florida 34104 · (941) 649-1509, fax: (941) 649-7056 · www. consult-rwa.com ~ :1', II. I:~., ;I',I-LI-:I;~- Development& _i_ ~, · · ,/.. _1, Environmental Consultants JAMES M. ANDERSON RWA Inc. 3050 North Airport Road, Suite 270 Naples, Florida 34104 Telephone (941) 649-1509 Facsimile (941) 649-7056 Mr. Anderson is an experienced project designer, construction manager and manages the design plans production element of the firm . He is capable of performing aH of the necessary planning and fundamental engineering functions required to design and permit land development projects. He is responsible for computer-aided design and drafting training of technical staff. Mr. Anderson develops w~d maintains plan production strategies using A utocad & Softdesk. Mr. Anderson has over I 1 ),ears of land development, site design and permitthug experience in Collier County. In the past. Mr. Anderson developed and implemented CADD drafting, design, and plotting standards for an E.N.R. Top 500 firm, and provided on-site CADD training and consultation for local Engineerb~g. Platoring, and ,4 rchitectural ftrms. PROFESSIONAL EXPERIENCE: Januan.', 1997-Present: Senior Project Designer, RWA Inc., Naples, Florida Project Manager/Senior Project Designer for the following projects.' · Forest Glen of Naples, a 624 acre, 798 Unit master planned community. and golf course. · Regatta Condominium, Vanderbilt Drive & Vanderbilt Beach Road. · The Pointe of Pelican Bay, Phase Two. · Sapphire Lakes. · Gateway Parcel 8. · Ray's Lawn & Garden · Sapphire Lakes. Senior Project Designer for the following projects.' · Deep Lagoon Boat Club, a 16-acre mixed-use waterfront property located in Lee Count'. · Saint Ann's Elementary School campus renovations. · Pebblebrooke Plaza, a 22-acre commercial plaza. · The Contessa at Bay Colony. · Bed Bath & Beyond Plaza. · Baer's Furniture Showcase, Audubon Commercial Parcel. AGEND FEB 2 3 1999 3050 North Horseshoe Drive, Suite 270, Naples, Florida 34104 - (941) 649-1509, fax: (941) 649-7056 · www. consult-rwa.com E:\97-0006 Human Resources\Employee Resumes~ANDERSON RESUME - Abbreviated.doc RWA INC. 1996-1997: Owner, MAG Inc., Naples, Florida Mr. Anderson rounded MAG Inc., a Project Management and Computer Aided Design / Drafting service firm. The firm provided services for the following projects. · Pelican Strand PUD, Collier County, Florida · Parker Lakes PUD, Lee County, Florida · Richland PUD / Pebblebrooke Lakes, Collier County, Florida · Sugden Regional Park, Collier County, Florida · Quail Plaza Commercial Development, Collier County, Florida · Donovan PUD, Collier County, Florida · Cypress Glen, Collier County, Florida · Augusta at Pelican Marsh, Collier County, Florida · Ravenna at Pelican Marsh, Collier County, Florida · Grey Oaks Villas, Grey Oaks Country Club, Collier County, Florida · The Pointe at Pelican Bay, Collier County, Florida · Gulfport Casino, Harrison County, Mississippi · Creek's End (FKA Victoria Cove), Lee County, Florida · Diamond Ridge (FKA Wood's Edge), Lee County, Florida · Pelican Bay Golf Course Effluent Pond Expansion, Collier County, Florida · First Assembly of God campus, Collier County, Florida · Marina Cove, Windstar, Collier County, Florida · Islesworth, Collier County, Florida · Tierra Bay, Collier County, Florida · Waterside Place at The Retreat, Bentley Village, Collier County, Florida 1987-1996: Wilson, Miller, Barton & Peek, Inc., Naples, Florida Senior Project Des igner/Project Manager (1992-1996y Provide design, permitting and project management services for residential and commercial land development, utility', and roadway projects. Duties included preliminary site planning, utility layout and design, grading and drainage, hydraulic and earthwork calculations, permit application and support. client contact, interaction with agencies, CADD production, field observation, contract documents, project coordination, and accounts receivable. Project manager and/or designer for a large number of extremely varied types of projects including: a golf course in the Bahamas; a 140+ acre regional commercial "power center"; a twenty-screen movie theater; a large waterfront re-development project in Key West; four 15-25 acre shopping centers; private gated country club communities; condominiums; single family developments; banks; fire stations; assisted-living facilities; hospitals; gas stations; public utility transmission main extensions; public and private roadways; and public and private schools. Project Designer and Head CADD Technician ('1989-1992) Engineering Technician (1987-1989) FEB 2 3 1999 PcJ o~ E:\97-0006 Human Rcsourccs\EmpIoyc~ Rcsumcs~uNDER. SON PJ~SUME - Abbrc~iatcd.doc ' 2 RWA ~C. Project Manager or Designer for the follo~ving Projects at WMB&P, Inc.: Residential · Eagle Creek Country Club, Quail Creek Village, Green Oak Terrace ACLF (AKA Summer House), Piper's Grove Phase I & II, Lety Resort Community. Phase One, Falcons Glen Villas at Lely Resort, Melrose Gardens at Berkshire Lakes, Grey Oaks Phase One Golf Course, Valencia at Orangetree. Commercial/Industrial · "Hollywood 20" Cobb Movie Theater at Pine Air Lakes, North Bay Plaza @ Pelican Bay, First National Bank Of Naples, Winn Dixie Shopping Center @ Countryside, Key West Bight Commercial Redevelopment, DeVoe Automobile Dealership, Ridgeport Plaza/Toys"R"Us shopping center, Curt's Mobil at Crossroads Market, Crossroads Market at The Vineyards, Pine Air Lakes, The Shops at Eagle Creek, Barnett Bank Administration Center, Waterside Shops at Pelican Bay, Isabel Collier Read Health Park, Immokalee Health Care Center, Bonita Shores Fire Station, Golden Gate Visitor's Information Center, Vo-Tech Phase I & II, St. Elizabeth Seton Classroom Expansion, Amoco Station at Davis Blvd & CR-951. Roadways · Naples Boulevard at Pine Air Lakes, Old Groves Road at The Vineyards, Groves Road at The Vineyards, Napa Boulevard at The Vineyards, Price Street, S,R.-951, & U.S.-41 modifications for Shops at Eagle Creek, Heritage Boulevard, Airport Road Phase II 6-1aning improvements (Golden Gate Parkway to Pine Ridge Road). Utilities · Rattlesnake Hammock Road Water Main Abandonment and Water Service Re-connection projects (in conjunction with the 4-1aning project), Vanderbilt Beach Road Force Main and Effluent Main, Palm Drive Water Main, Rattlesnake Hammock Water Main, Rattlesnake Hammock Road Force Main, Airport Road Water Main, Immokalee Road & C.R.-951 Force Main, Goodlette Road Water Main, U.S.-41 Force Main, Bonita Springs Waste Water System Expansion (preliminary design). EDUCATION: Undergraduate Studies toward B .A., 1981 - 1982 Augustana College, Rock Island, Illinois Undergraduate Studies toward B .A., 1982-1984 Blackhawk College, Moline, Illinois Advanced Autocad Training, 1991 Florida CAD Laboratories, Fort Myers, Florida Advanced Autocad Training, 1995 Autodesk University Conference, San Francisco, California AFFILIATIONS: · North American Autocad Users Group AGE~ · American Society of Certified Engineering Technicians No. FEB 2 3 1999 E:\97-0006 Human Resources\Employee Rcsumcs~NDERSON RESUME - Abbrcviated.doc Pg. ~CT2~ 3 , CSNTEX HOMES 941 598 1290 12/18 '98 14:40 N0.164 01/02 CENTEX HOLMES NapleelPt, Myere DIYIEIO~) S801 ;}ellcan B&y BOulevard December I8, 1998 suite soo Phone: (941) 598,-4145 FeX: (941) 598-"l 290 Ms. Sue Fi]son, Administrative Asst. Board of County Commissioners 3301. U.S. 41 E. Naples, FL 34112 P,e: Applicant for Collier Cou~.ty Advisory Panel Dear Ms. Filson: I am writing in response to your newspaper micle that you are seeking applicants for several advisory committees. 1 am iracrested in applying for the vacancy on the Development Services Advisory Committee. I have been. i,.volved in the building industry for over 25 years. I have also been. working in land developmeat with Centex Homes for several years and I hold a General Contractors License. Please accept my attached resume' as an application for the Development Services Advisory Committee. Thank you ~d I will look forward to heating from. you in the near future. Sincerely, Enc. TJ'qv'/tl ,. ',,-I=a'slt,.A ~svl'l~,.} 7~1 .)7r,,,1 Ir.=Tu I/'/I0 'YO I/4;LI.U PlU. IOq U,"/U/ CENTEX HC]HES Naplee/Ist. Myers DIvision 5801 Pelican Bay Boutsyard Suit~ ~00 Naples, Plodde 841 O0 Phone: (s)4q) ~98-4145 leax: (941) 598-1290 THOM.4~ J. WEGWERT 2090 East Crown Poj. JQte Boulevard (941) 793-4684 Naples, Florida 34112 PersonalInformadon Experience in the construction industry for over 25 years in a]J ph~es of the industry General Contractors License, State of Florida (CG C03 1339) - ReceivP..d license in ] 984 · Collier B~Jdjng Industry Association - Member of the Board of Directors · Extensive experience in all phases of homes and multi-family buildings; Lasd Development Project Development Permitting Design Planning Project M. asagement Budget Planning 1988 - Present CE~NTEX BOMES Land Development Manager, Naples/Ft. Myers Divisios, 1994 - PresesI Responsible for Naples/Ft. Myers Division, Col}iar, Lee, and Charlotte counties. Construction Manager/Purchasing Manager, Naples, 1989 - 1994 Construction Field Manager, Ft. Lauderdale, 1988 FEB 2 3 1999 OBJECTIVE: To reject the two registered voter applicants for the non-voting advisory member on the Tourist Development Council (TDC). CONSIDERATIONS: On November 24, 1998, the Board of County Commissioners adopted Ordinance No. 98-96, providing for the addition of a non-voting member with professional experience in the promotion and marketing of special events. Section 2 (e) states that: "One member of the Council may be appointed as a non-voting member. This member shall act as technical advisor to the Council and shall have professional experience in the promotion and marketing of special events. The Board, in its discretion, may leave this position vacant if it finds that no applicant is adequately qualified." A list of the current membership is included in the backup. A press release was issued and resumes were received from the following 3 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Michael D. Lehn non-voting 2 yes none H. Kent Stanner non-voting 4 NO none Joseph F. Fullam non-voting 3 yes none COMMITTEE RECOMMENDATION: Re-advertise for the position with a more definitive description of requirements. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation to re-advertise and give direction to the staff on how to proceed. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: FEBRUARY 23, 1999 FEB 3 1999 ---~lson s From: mihalic_g Sent: Thursday, February 04, 1999 3:09 PM To: illson s Cc: caseltine h Subject: TDC TE~H. ADVISOR SUE, AT THE 1-25 TDC MEETING THE TDC VOTED TO REJECT THE TWO REGISTERED VOTER APPLICANTS FOR THE NON VOTING ADVISOR MEMBER ON THE TDC. THE TDC REQUESTS THAT YOU READVERTISE FOR THE POSITION WITH A MORE DEFINITIVE DESCRIPTION OF REQUIREMENTS. LET ME KNOW IF I CAN PROVIDE ANY ASSISTANCE.THANKS, GREG Page 1 FEB 2 3 1999 P9- II II II II I I I I I!. il ~l! C 0 Y E R S H E E T I I I IIII I IIIII II To: Sue Filson, Collier Board of County Commissioners Fax #: (941) 774-3602 Subject: Michael Lehn's Voter Kegistration Application Date: January 12, 1999 Pqe,: 2, in~udinS this cover cheer. COMMENTS: Dear Ma. Fil~ort, Attached please find a copy of my voter's registration application for Collier County. Should you need anything else, please do not hesitate to contact me. Thank you. Michael D. Lehn (941) 277-2601 MDUrm attachment / Please print u~inf a black bal.~nt pen. ', I ~' a~on:c~k~x~y(~i~e) 'Oa~Zdo~l~ysw~r(or~)thtt~ " D~afic P~ ~ ~e P~ (~ te ~e below) CoMfi~ti~ of ~e S~te of ~da. · ~ am q~ ~ ~ as in e]~ ~d~ the Co~m~on ~ laws / .... Re~bB~ P~ PA~ ~ae~ · I am a ~ raider of ~a. Name ffM~ A Nine ~anp - AU in[~on ~ t~ fo~ is ~e. ] u~mnd t~z if it b not ~e, ] can ~ ~n~ of a ~]o~ of the tN~ d~ and ~ up to SSJ and ~n~ Mr up m ~ ~. N~e ed Rside~ Ad~ ~e~ You w~ P~ousl~ "' ~ S]GNA~E · S' m ~k ~ ~e in ~ bel~. (l~alld ~me ~~ ~ ~~p FEB 2 3 1999 ............ F~d ~ ~ c~m line, ~1 off M~, ml and mail. MEMORANDUM DATE: December 21, 1998 Vinell Hills, Elections Office ' i 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. TOURIST DEVELOPMENT COUNCIL COMMISSION DISTRICT Michael D. Lehn - t,~oi' 549 Myrtle Road Naples, FL 34108 H. Kent Starmer-/v, 515 Wildwood Lane Naples. FL 34105 Joseph F. Fullam 329 Lambton Lane Naples, FL 34104 Thank you for 3'our help. FEB 2 3 1999 PcJ .___~ MEMORANDUM DATE: December 21, 1998 TO: Greg Mihalic, HUI Directoi22~rsst,~t~ i RE: Tourist Development Council As you know, we currently have 1 vacancy on the above-referenced advisoD' 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: Michael D. Lehn 549 Myrtle Road Naples, FL 34108 H. Kent Stanner 515 Wildwood Lane Naples, FL 34105 Joseph F. Fullam 329 Lambton Lane Naples, FL 34104 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments FEB 2 3 1999 C 0 V E R S H E E T IIII _ I To: Collier Board of Couray Commissioners Atelion: Sue Fdson Fsu #: (941) 774-3602 Subject: Application for Advisory Committees Date: ~r 18, 1998 Pmg~s: 4, including this cover she~'t COMMENTS: Please deliver this facsimile to Sue Fitson. Thank you. Michael D. Lehn MDL/rcm attachments The information contained in thjs fscs~mle U~msmission is confidential inform~on rotended only for the use d the individual or eality named as r~cipient If the reader of this m~t~agc is not the intended r~cipient, or lhe employee or agent respomible to deliver it to the inteacied r~-~ipient, you arc hereby notixeied that an~ dissemination, distribution or copying of this communication is strictly prohibiu:d If you hsvc received this communicataon in error, please notify us immediately by lt, leplx~e sad ram'n the orient1 m~ssage to us at the ~ located below via the U.S. postal service. From Itl ~ oL. Midsemi D. L.ehn SunTrill BlfiK ~_e,~___e~,~esl Fiefida tG,,~~ 12751 New Brlttmly Bou~evercl N Ft, Myen, FieMe (s4~) 2~-2e0~ FEB 2 3 1999 ~,.: c~, SunTruer Beak, Southwear Florida Mk:hae~ D. Lehn Post Office Box 3454 Executive Vice PresSant Fort Myers, Rorkla 33918-3454 Tat (941) 277-2601 Fax (941) 4t8-2484 SunTnusT Decemlnr 18, 1998 Collier Board of County ~oners Attention: Sue Fillon 3301 U.!i. 41 E. Nepkn, Flodd$ 34112 Vie FN:imlle: (941) 774-3602 Deer Ms. Fil~o.: In response to your article printed in the Naples Dally News, please accept my resume for consideration on your open advisory committees. The committee ~et is of the most interest to me, end for which I would like my resume to be considered for, would be ~e Tourist Developrnent Council. If upon reviewing my resume you decide that you would like to consider my application for another advisory committee, in acldltlon to being considered for the Tourist Development Council, please fed free to do so. Sincerely, Michael D.'L&hn Executive VI~ President MDL/rcm attat:~ne~ FEB 2 3 1999 Abbreviated Resume MICHAEL D. 549 Myrtle Road Naples, Florida 34108 (941) 593-3562 (home) (94 1 ) 277-2601 (office) WORK IXPE~~: SunTrust Rank, Southwest Florida 1998- present · E.V.P., Senior Lender SunTrust Bank, 1Wmmi, · S.V.P., Regional Executive 1994-1998 · V.P., Senior Lender 1990-1993 · A.V.P., Asset Based Financing 1999-1990 · Corporate Banking Officer 1986-1988 · Managemere Associate 1985-1986 EDUCATION: B.A. in Finance and Accou**fing 1984 Universky of Nebrsska COMMUNITY INVOLVEMENT: Current: · Lee County Pulling Together Task Force · National Academy of Recording Arts & Sciences (Member) · International Record Music Publishing and Video Music Market (MIDEM) CMember)(Host Committee) Put: · Greater Miami Visitors & Convention Bureau (Trustee) · South Beach Hispanic Chamber (Board) · Mt. Sinai Young Presidems Club · Mismi Beach Chamber of Commerce (Member) -' · Miami Beach Development Corporation (Chairman) · City of Miami Beach Emcrtainmcnt Roundtable (Founder) · Tourist Convention Cemer Expansion Authority (Board) · La Gorce Country Club · Miarni Beach Kiwanis (Member) · South Florida Arts Center (Treasurer) · City of Miami Beach Investment Policy Committee · City of Miami Beach Sister Cities (Member) · City of Miami Beach Affordable Housing Commi! ~er~, AGE N · Miami Beach Chamber of Commerce Pillars ('Men FEB 2 3 1999 MICHAEl, Do 549 Myrtle Road Napl~a, Florida 34108 (941) 593-3562 (home) (941) 277-2601 (o~ice) COMMUNITY I~'VOLVEMENT: (Continued) · Miami Beach Jewish Community C, entff · Lincoln Road Parmership (Co-Chairman) · Commiuee of One Hundred of Miami Beach · FlU Venture Council Forum (Selection Chairman) PERSONAL INFORMATION: Hobbies: · Music · Racquetball · oWns · Reading Generah · Estsblished and managed SunTrust Bank, Miami's Entertainment Banking Croup which banks notable ente~ent clients in Miami. · Was also instrumental in the development of the locsl entertainment industry including the establishment of the NARAS and MCA Music's Mismi Beach 0fflces. · Prepared draft m'ilized by City of Miami Beach to organize overall entertainment recruitment retention and facilitation. · Recommended and prepared job description for City position of "Music Industry Liaison". · Participated in Executive Host Committee for the 1997 and 1~98 Mfr)EM Latin America and Caribbean trade shows in Miami. · Helped establish Cultural Arts Council (with $5 million .--- endowment) for Miami Beach. · Served in a consulting capacity for the Concert As~ Florida and Miami City Ballet. No._ FEB 2 3 1999 2 pg .~,_,_~ IMG Senior Corporate l~ce President Board December ?, 1998 Ms. Sue ~ilson Coil ier Count~ Board o~ Commissioners 3301 Tamiami Trail East Naples, ~ 34112 Dear Ms. Filson: Please accept this letter as my application for the non-voting seat on the Collier County Sports and Entertainment Committee. A personal biography is attached. My current position is Senior Corporate Vice President oflMG, the largest sports, leisure, and lifestyle marketing firm in the world. My Florida residence is 5 15 Wildwood Lane in Naples, where I spend most of the winter months. Please let me know if you need any further information. I believe Collier County has some unique opportunities to host special events capable of bringing national and international focus to our fine community. Sincerely, H. Kent Stanner Lo~ HKS/jk , FEB 2 3 1999 Pg./// ONE ERIEVIEW PLAZA I SUITE CLEVELAND, OH 44114-1?82 216 522-1200 FAX: 216 522-1145 H. KENT $TANNER H. Kent "Bud" Stanner is Senior Corporate Vice President of Cleveland- based International Management Group (IMG), the largest and most experienced sports management and promotion agency in the world. Mr. Stanner is also the President of IMG Motorsports. IMG owns, operates, and/or markets over 1200 national and international events annually. IMG operates in five major areas: personal representation services (primarily for celebrities in sports and entertainment); television production and rights representation; corporate consulting; event management; and sports and lifestyle promotions. Mr. Stanner has primary responsibility for motorsports and has been with IMG for 29 years and has been involved in all areas of the company's dynamic growth. Prior to IMG, Bud was Vice President of' Marketing for the Head Ski Company and headed up their worldwide marketing operation at the time they diversified into tennis, apparel and related businesses. Bud also spent five years at Polaroid Corporation in consumer and international marketing positions. Mr. Stanner is a frequent lecturer on the topic of sports and lifestyle promotions and has delivered talks on the subject at colleges, symposiums, and seminars throughout the world. A graduate of Florida Southern College in Lakeland, Florida, Bud completed the Advanced Management Program at Harvard University. He resides in Westlake, Ohio and has a home in Naples, Florida. His wife, Susan, was raised in Lake Wales. FEB 2 3 1999 L 12-1e-gB e9:12 SARA5 BOOKKEEPING ID=94134886el P.el RECEIVED ' DEC 10 1998 JOSEPH F, FULLAM 329 LA_MBTON I_4,~ 801rd of Count~ Commissioners NAPLES, FLORIDA 34] 04 941-353-2992 DECEMBER 10, 1998 SUE FILSON ADMINISTRATION ASSISTANT BO.,LPdD OF COUNTY COM. MISSION'ERS 3301 US 41 EAST NAPLES, FLORIDA 34112 TOUR/ST DEVELOPMENT COUNCIL APPLICANI - COLLIER COUNTY ADVISORY PANEL PRIOR EXPERIENCE MANAGEMENT POSITION R.H. MACYS NYC. OWNED AND OPERATED A DEP.ad~IMENT STORE IN CONNECTICUT MANAGED LUV SHOPS IN NAPLES SERVED ON HOMELESS ADVISORY COMMITTEE COLLIER COUNTY 1994 1995 NAPLES RESIDENT SINCE 1978 F.FULLAM FEB 2 3 1999 EXECUTIVE SUMMARY RECOMMENDATION TO DECLARE A VACANCY ON THE BAYSHORE/AVALON BEAUTIFICATON MSTU ADVISORY COMMITTEE OBJECTIVE: To declare a vacancy on the Bayshore/Avalon Beautification MSTU Advisory 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 may be necessary for Board members to be absent from a meeting due to unusual or emergency circumstances. Nevertheless, full attendance at Board meetings is encouraged and necessary for the proper operation of the Boards and in furtherance thereof the following requirements are established:-.~.-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 by 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 notify, 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 shall declare the Board member's position to be vacant if the Commission concurs that the Board member was absent from two consecutive Board meetings without a satisfactory excuse and shall promptly fill same pursuant to the provisions of Section Six herein. The 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. Mr. James P. Lennane, appointed on March 3, 1998, has missed the last four regular meetings, which were not excused. Attached is a memorandum from staff advising that the committee is requesting that the Board of County Commissioners 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 on the Bayshore/Avalon Beautification MSTU Advisory Committee and direct staff to issue a press release soliciting new members. It is also recommended that the Board of County Commissioners direct the County Attorney to prepare a resolution declarin ~ the position` . vacant. A G E N D A No../_~2 ~__~M Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners FEB 2 3 1999 Date: FEBRUARY 23, 1999 Pg. / . MEMORANDUM DATE: February 4, 1999 TO: Sue Filson, Administrative Assistant FES 0 Board Of County Commissioners nt~ Boanet oF County epa SUBJECT: Dismissal ofAdviso~ Co~ittee Member At their regular meeting on February 3, 1999, the Bayshore Beauti~cation Advisory Committee recommended that member James Lennane be dismissed due to his lack of attendance at the past four regular meetings this fiscal year, which were not excused absences. The Committee cited Ordinance 86-41, Section 2, which outlines the attendance policy of Board-appointed Advisory Committees. The Advisory Committee accepts the non-attendance as Mr. Lennane's resignation from the Committee. Mr. Lennane was not present at the meeting to hear this decision. The Advisory Committee -'-- also requested the assistance of the Board of County Commissioners to inform Mr. Lennane in writing that he is now removed from the Advisory Committee, and also announce that the Committee has a vacancy effective immediately. Please feel free to contact me if you need any additional information about this request. I can be reached at 774-8494. Memo ~lson re lennane.doc cc: Edward J. Kant, P.E., Transportation Services Director File: Bayshore Beautification MSTU AGE'R' 'A i;fEM' ,,---,, FEB 2 3 1999 Bayshore/Avalon Beautification MSTU Advisory Committee ~-- Work Phone Appt'd Exp. Date Term Name Home Phone DateRe-appt 2ndExpDate 2rid Term Bill L. Neal 03/03/98 03/03/00 2 Years 3839 Clipper Lane 774-6325 Naples, FL 34112 District: 4 Category: Resident James P. Lennane 03/03/98 03/03/00 2 Years 4228 Gordon Drive 732-5500 Naples, FL 34102 District: 4 Category: Commercial Interest Thomas R. Briscoe 03/03/98 03/03/01 3 Years 2841 Shoreview Drive 774-7564 Naples, FI. 34112 District: 1 Category: Resident Michael Bruet 261-4455 03/03/98 03/03/02 4 Years 7768 Jewel Lane, #201 592-0027 -'-'- Naples, FL 34109 District: 2 Category: Commercial Interest Donna Fiala 10/13/98 03/03/01 2 Years 4463 Lakewood Boulevard 436-5585 Naples, FL 34112 District: 1 Category: Property Owner This 5 member committee was created on December 16, 1997, by Ordinance No. 97-82 to provide curbing, watering facilities, plantings and maintenance of the median strips of roadways - - within the MSTU; provide traffic calming improvements; and, beautification and maintenance of other areas within the MSTU. Members will prepare and recommend an itemized budget to the Board of County Commissioners. Members must be permanent residents or owners of commercial property within the MSTU. FL STAT: 125.01 ~h,,a,y. o~,o~,, z s. z ~gs e,g, z o/z ...........~E B 2 3 1999 OBJECTIVE: To appoint 2 members to the Collier County Code Enforcement Board; 1 representing a Regular member with an expiration date of February 14, 2002 and 1 representing an Alternate member with the expiration date of February 14, 2001. Additionally, it is requested that the Board of County Commissioners confirm the appointment of an existing member to reflect the alternating terms in Ordinance 96-78. CONSIDERATIONS: The Collier County Code Enforcement Board has 2 vacancies. This 7 member board is composed of, but not limited to, individuals representing the occupations of architect, businessman, engineer, general contractor, subcontractor and Realtor and are considered, in part, on the basis of experience or interest in the areas of the codes and ordinances to be enforced. Members are required to file a Form 1 Statement of Financial Interest each year with the Supervisor of Elections. Terms are 3 years. A list of the current membership is included in the backup. In order to bring this board in compliance with Ordinance 96-78, it is requested that the Board of County Commissioners recon~rm the appointment of Dyrel Delancy for a 3 year period, expiring on February 14, 2002. Mr. Delancy was initially appointed on February 10, 1998, with an _--- expiration date of February 14, 2001; his term should have been to replace the existing vacancy expiring in 1999, plus an additional 3 year term expiring on February 14, 2002. A press release was issued and resumes were received from the following 6 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Diane Taylor Civic Associations 5 yes none Lewis Paul Oxley Subcontractor I yes none Robert K. Lockhart Engineering 4 yes none Rhona E. Saunders Realtor/Business 4 yes TDC Jack G. Stirling Realtor/Bldg Insp. I yes none James D. Allen, Jr. General Contractor 2 yes CEB (re-appt.) - application received after the deadline COMMITTEE RECOMMENDATION: Quasi Judicial - no recommendation NOTE: Section Seven (b.) (1) of Ordinance 86-41 states "Terms of office for Board members shall be limited to two consecutive terms of service on any one Board..." Under (3) of the same section, it is noted that "By a unanimous vote of the Commission, the limitations set forth in subsection (b) (1) above may be waived". According to available records, Jam ~ "'. ~V:^- n. has served 2 full terms. Should the Board wish to re-appoint Mr. Allen, the lin :taTii ~ "' ITEM consecutive terms will need to be waived. ' - - FISCAL IMPACT: NONE FElil 2 3 1999 GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the requests for appointment; appoint 1 alternate member and 1 regular member; reconfirm the appointment of Dyrel Delancy expiring on February 14, 2002; and, direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: FEBRUARY 23, 1999 AGEN~/k~IT~ FEB 2 3 1999 Pg._ ~ Memorandum TO: Sue Filson, Administrative Assistant Board of County Commissioners FROM: Michelle Arnold, Code Enforcement Director Code Enforcement Department DATE: January 26, 1999 RE: Candidates for Code Enforcement Board "North" vacancies. The resumes for the applicants listed below were reviewed and meet the Code Enforcement Board Ordinance No. 92-80, general classification requirements in the following categories: NAME CATEGORY Diane Taylor Civic Associations Lewis P. Oxley Subcontractor Robert K. Lockhart Engineering Rhona E. Saunders Realtor/Business Jack G. Stirling Realtor/Building Inspector As you may be aware, all of the above applicants are currently serving on the South Code Enforcement Board. If you need further assistance, please advise. AG~NDA ITEM No .~ FEB 2 3 1999 Collier County Code Enforcement Board - North Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2rid Term " Linda Griffin ~ C~&/a, Fe~ V'a/_.a~l' 02/18/97 09/14/0 3 Years 4433 E. Alh a Circle t ~--I It" a' 263-9187 Naples M103 D/s '~: 1 --' ATE/Business Consultant ---- -George P. Ponte 02/18/97 02/14/00 3 Years 565 Augusta Boulevard, Apt. 10 793-1370 Naples, FL 34113 District: 1 Category: Retired CBS Employee -Dyrel Delaney 02/10/98 02./14/01 3 Years 427 Heron Avenue 594-1783 Naples, FL 34108 District: 2 Category: Realtor James D. Alien, Jr. 6434600 03/16/93 02/14/96 3 Years 116 Heron Avenue 79345893 2/6/96 02./14/99 3 Years Naples, FL 34108 District: 2 Category: General Contractor Clifford Wesley Flegal. Jr. 06/03/97 02,/14/00 3 Years 292 Bahustrol Drive 7744674 2,/10/98 02/14/01 3 Years Naples, FL 34113 District: 1 Category: P,.EGULAR~ealtor · Mireya Louviere 07/19/94 02/14/97 3 Years 5780 10th Avenue, S.W. 3534334 2/18/97 02/14/00 3 Years Naples, FL 34116 District: 3 Category: Business -Fred Mueller 261-1551 02/18/97 02/14/00 3 Years 765 Willow Brook Drive, #1501 Naples, FL 34108 District: 2 Category: Realtor ~)ednesday, Oct~er07,19~ .......... Page);f2 ......... FEB 23 1999 Collier County Code Enforcement Board - North Work Phone Appt'd Exp. Date Term .... Name Home Phone DateRe-appt 2ndExpDate 2nd Term ' Roberta Dusek 774-2428 02/10/98 02/14./00 2 Years 1635 Windy Pines Drive 261-1111 7/28/98 02/14/01 3 Years Naples, FL 34112 District: 1 Category: Realtor · ' Peter Lehmann 566-8311 10/06/98 02/14.:00 2 Years 67 Johnny Cake Drive Naples, FL 34110 District: 5 Category: Alternate This 7 member board was created pursuant to Chapter 162 of the FL Star. by Ordinance 88-89 and is composed of, but not limited to, individuals representing the occupations of architect. businessman, engineer, general contractor, subcontractor and Realtor and are considered. in part, on the basis of experience or interest in the areas of the codes and ordinances to be enforced. Members are required to file a Form 1 Statement of Financial Interest each year with the Supervisor of Elections. Terms are 3 years. This is a Quasi Judicial Board. Two alternate members were approved by Ord. 96-78 on 12/3/96. FL STA T: 162 Staff.' Michelle Arnold, Code Enforcement Director:: 403-2413 FEB 2 3 1999 JlTednesday, October 07, 1998 Page 2 of 2 pgo ,~' MEMORANDUM DATE: January 11, 1999 TO: Vinell Hills, Elections Office i 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. CODE ENFORCEMENT BOARD COMMISSION DISTRICT Diane Taylor 3760 Golden Gate Boulevard East Naples, FL 34120 Lewis Paul Oxley 14500 Tamiarni Trail, Lot 408 Naples, FL 34114 Robert K. Lockhart 1361 Lake Shore Drive Naples, FL 34103 Rhona E. Saunders 3770 Parkview Way Naples, FL 34103 Jack G. Stirling / 2237 Kings Lake Boulevard ~f Naples, FL 34112 Thank you for your help. ., F E B 2 3 1999 J. D. Allen & Associates, Inc. 267 Airport Road South ~:~E~C,F:~V[~D Naples, Florida 34104 ~ - : 941-643-4600 Fax: 941-643~6937 JAi~ !: .... !~4~lrci of Coun~;y Commissioners ,. MS. Sue Filson Board of Collier County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Dear Ms. Filson I appreciate the opportuni~/to reapply for the C.E.B for the third term. My credentials are basically the same; we employ 6 people in our architectural business and 5 people in our construction business. Our major clients remain intact as the Registry Hotel, ROnto Dev. CO., Coldwell Banker, Citizens Community Bank, Gulf Coast Nat. Bank, World of Golf, Stiles Sowers, & Arnold & Arnold Inc. I feel I can serve more effectively than others can because I have the history of 6 years experience & many of the cases are still on going. I feel my asset of experience & historical Knowledge of "unsolved old cases" that the new members never heard can be valuable to both the C.E.B & to Collier Co. on the collection of fines that have accrued. I feel the board that I am presently a member is the finest board in 6 years as our task is one of "resolve or pay" verses previous boards attitude of "let's not do anything that may get us sued"! JDA FEB 2 3 Pg- MEMORANDUM DATE: January 11, 1999 TO: Michelle Arnold, Code Enforcement Director i Code Efforcement Bo~d As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Diane Taylor 3760 Golden Gate Boulevard East Naples, FL 34120 Lewis Paul Oxley 14500 Tamiami Trail, Lot 408 Naples, FL 34114 Robert K. Lockhart 1361 Lake Shore Drive Naples, FL 34103 Rhona E. Saunders 3770 Parkview Way Naples, FL 34103 Jack G. Stirling 2237 Kings Lake Boulevard Naples, FL 34112 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF o~757~_~ Attachments N FEB 2 3 1999 pg. 8' Jry~t C~/~ t"Y'~ O $ - CEIVED LE s o sY JAN ~B: 14~ 1929 B~rd of Count~ C~ss~oners ~: EXCEL~ STA~ OF ~A HCENS~ GE~ CO~CTOE ~CA~ C~016818 STA~ OF ~O~A LICENSED ~ ESTA~ SALESPE~ON HCENSE~ 0434894 STA~ OF BO~A LICENS~ CO~ ~S~ON ~AGEE LI~NSE~ 10437 STA~ OF BO~A NOT~Y BLIC, CO~SS~ON~ CC270368 ~LO~ ~STORY DATES EMPLOYER POSITION(S) REASON FOR LEAVING JANUARY 1997 TO U STORE-IT MANAGER, MLrrUAL APRIL 1998 CLEVELAND, OH NAPLES, FL TERMINATION " 1995/1996 WORLD GAMES PARTNER OLYMPICS ACCOMADATIONS COMPLETED ATLANTA. GA. AUGUST 1993 TO AMER CON CORP PROJECT MANAGER PROJECT FEBRUARY 1995 M/AM], FLORIDA GOVERNMENT HOUSING COMPLETED ANGOLA. AFRICA JUNE 1992 TO SAL'S ABATEMENT ESTIMATOR ACCEPT AUGUST 1993 CORPORATION OVERSEAS MIAMI ,FLORIDA ASSIGNMENT AUGUST 1991 PROJECT DEVELOPMENT PROJECT MCzR/ REDUCTION DUE " TO MAY 1992 GROUP, PITTSBURGH. PA. ESTIMATOR TO ECONOMY J't,rLy 1990 TO SOUTHEAST QUALIFY COMPANY MERGED WITH JULY 1991 ENVIRONMENTAL AS GENERAL PROJECT CONTRACTORS CONTRACTOR AND DEVELOPMENT FT. LAUDERDALE, FLA. ESllMATOR GROUP APRIL 1990 TO WMI*MODULAIRE BID SPECIALIST, REDUCTION IN JULY 1990 POMPANO BEACH MULTI-FLOOR FORCES DUE TO FLORIDA MODULAR ECONOMIC STRUCII,rRES CONDITIONS MAY 1987 TO BANK VAULT OPERATIONS PHILOSOPHICAL APRIL I990 STRUCTURES, INC. MANAGER DIH.~ LABELLE, FL. No._ FEB 2 3 1999 · ::~ AUGUST 1986 MODULAIRE PROJECTS CAREER TO APRIL 1987 INDUSTRIES, INC. MANAGER ADVANCEMENT FT.LAUDERDALE, FL. APRIL 1986 TO CITY OF NORTH PARKS AND ECONOMIC AUGUST 1986 MIAMI BEACH.. FL. RECREATION DEPT. CONSIDERATIONS BUILDING OPERATIONS AND MAINTENANCE SUPERVISOR OCTOBER 1985 TO INTERSTATE BRANCH QUALIFY COMPANY COMPANY MARCH 1986 BUILDING CORPORATION AS GENERAL CEASED POMPANO BEACFL FL. CONTRACTOR,, OPERATIONS PURCHASING AGENT AND ESTIMATING FEBRUARY 1982 TO PANELFAB TECH REP/PROJECT CONSTRUCTION OCTOBER 1985 ENTERNATIONAL SUPERVISOR ON DEPARTNfENT CORPORATION, STATESIDE AND DISCONTENI~D MIAMI. FL. WORLDWIDE PROJECTS INCLUDING NIGERIA. VENEZUELA, SOMALIA, NETHERLANDS ANTILLES. ISLAND OF HAITI. AND THE MARSHALL ISLANDS. JLrLY 1979 TO ANKNEY AND QUALIFIED COMPANY COMPANY FEBRUARY 1982 CHRISTENBERRY AS GENERAL CONTRACTOR. OUr OF ENTERPRISES. INC. ESTIMATOR AND BUSINESS MtAMI. FL. CONSTRUCTION MANAGER. MODULAR BUILDING RELOCATIONS, CONDO CONVERSIONS/RENOVATION. CONVENTIONAL CONSTRUCTION OCTOBER 1977 PANELFAd3 TECH PEP/SUPERVISOR PROJECT TO JUNE 1979 INTERNATIONAL PRE-ENGINEERED HOUSING FINISHED CORPORATION AND SUPPORT FACILITIES MIAMI, FL. KHAMIS MUSHAY'F, SAUDI SEPTEMBER 1976 PEPSICO BUILDING SUPERVISOR, PUNCH-OUT PROJECT TO AUGUST 1977 SYSTEMS, INC. (PBS) CREW FOR STATE OF FINISI--mY~ PLANT CITY, FL. FLORIDA OWNED MODULAR CLASSROOMS. APRIL 1976 TO ENTERPRISE BLDG CREW CHIEF, ERECTION PROJECT SEPTEMBER 1976 CORP. OEBC) OF STATE OF FLORIDA COMPLETE DUNNELLON, FL. PURCHASED MODULAR (SUB TO PBS) CLASSROOMS. /2/ JANUARY 1975 GLOBE INDUSTRIES CREW CHIEF,ERECTION COMPANY TO APRIL 1976 INC.RALEIGH. INC. OF MODULAR BANKS, DEFLrNCT OFFICES & CLASSROOMS JUNE 1973 TO URBAN SYSTEMS CARPENTER/PUNCHOUT COMPANY JANUARY 1975 DEVELOPMENT CORP. MODULAR TOWNHOUSES. PHASED-OUT (USDC) ARLINGTON,VA. HUD LOW-COST HOUSING. (SUBSIDIARY OF & CONVENTIAL MILITARY WESTINGHOUSE) HOUSING. JANUARY 1968 NATIONAL TRAILER COMPANY DRIVER. ACCEPT TO JUNE 1973 CONVOY, TULSA. OK. TERMINAL AGENT, EMPLOYMENT LEASE OPERATOR WITH USDC JULY 1947 U.S.ARMY PRIVATE TO MAJOR 20 YEAR TO SEPTEMBER 1967 ('MILITARY INTELLIGENCE) RETIREMENT EDUCATION: UNITED STATES ARMED FORCES INSTITUTE, TWO YEAR COLLEGE LEVEL. CONTINUING COURSES IN REAL ESTATE. COMMUNITY ASSOCIATION MANAGEMENT, & GENERAL CONTRACTING TO MAINTAIN LICENSES IN ACTIVE STATUS. /-- , T ~ 145O0 E. AM:IAMI TRAI:E LOT #408 NAPLES. FL 34114-8428 PHONE: 941-775-35 18 /3/ FEB 2 3 1999 pg.~ /c-/ j · LOCKHART ENGINEERING, INC. c~v~L ~ sr~EPL~ :~ zo~x~s RECEIVED I'll January 5~ 1999 ~ard of C0unU C0a~tsst0ner$ Ms. Sue Filson Administrative Assistant Board of County Commissioners 3301Tamiami Trail East Napless Florida 34112-4917 Subject: Collier County Code Enforcement Board Consideration for Appointment Dear Ms. Filson~ This letter is written to express to the Board of County Commissioners my continued interest for consideration of appointment to one of the possible positions that are either open or may be created in the near future for the Code Enforcement Board. As a member of the previously existing South Code Enforcement Boardr I found the experience very interesting and rewarding. Being a Professional in the Engineering field wherein I dealt with the County on a continual basis~ I was glad to be able to volunteer my time and services as a means of extending appreciation for all received and as a way of providing some service to the community. Attached is my current resume for review; should there be any questions or comments~ please do not hesitate to call. Sincerely~ Lockhart Engineering Inc.~ Robert K. Lockhart~ P.E. President N F E B 2 3 1999 1361 LakeshoreDrive · Naples, Florida34103 (941) 262-5986 " LOCKHART ENGINEERING, INC. ROBERT K. LOCKHART. P.E. President CIVIL 2~:if SITE PLANNING '~!!i ZONING ROBERT K. LOCKHART, P.E. Lockhart Engineering, Inc. Owner/President Naples & Ft. Myers Education: B.S. Degree, University of Florida, Gainesville, 1979 Registration: Professional Engineer, Florida No. 34300 Years Experience: 19 Affiliations: Member American Society of Civil Engineers Florida Engineering Society National Society of Professional Engineers Relevant Experience: * Lockhart Engineering, Inc. 1997-Present: Owner/Director of Engineering - Re-established business as conducted previously with same responsibilities and engineering capabilities in Ft. Myers along with Naples. * McKee & Associates, Inc. 1995-1997: Project Manager/Engineer - Responsible for plan preparation and permitting for a variety of civil engineering projects related to residential, municipal, and commercial land development in Lee County. Responsibilities also included the design of projects related to land development in Lee County. Types of projects included the design of roadways, drainage, water and wastewater systems, and included the preparation of contract documents, specifications, computer program calculations and CADD work. Permit applications for local, county, and st~to ~ al,~G. END TE agencies, construction observations and payment appr~v ~ .~ No. Note: Company was sold to Consul-Tech Engr., Inc. in February of 1997. FEB 2 3 1999 Pg. 1361 L~eshoreDrive · Naples, Florida34103 (941) 262-5986 * Lockhart Engineering, Inc. 1989-1995: Owner/Director of Engineering - Responsible for the overall control of company, budgets, proposals, contracts, billings, project schedules, quality control and construction inspections. Coordination with CADD Department for production and workload schedules. Design and coordination for projects, complete planning, design and construction administration for these projects involving extensive coordination with clients and contractors. * Wilson, Miller, Barton, Soil & Peek, Inc. 1979-1989: Engineering Director/CADD Manager - Responsible for plan preparation and permitting for a variety of civil engineering projects related to residential, municipal, and commercial land development. Responsibilities also included the design of projects related to land development. Types of projects included the design of roadways, drainage, water and wastewater systems, and included the preparation of contract documents, specifications, computer program calculations and supervising the execution of computer and drafting work. Additional duties were the preparation and processing of permit applications for local, county, and state agencies, supervision of the activities of field personnel during the construction phases of projects and the preparation of final applications for payment approval. Responsibilities also included the overal] supervision of project/engineer's workloads and project budgets, proposal, billings, schedules, accounts receivable and project closures. No pcJ * Partial List of Projects Responsibilities for the following projects included the planning and design of the water, sewer, paving, grading, and drainage and contract administration during construction, and as applicable, permits through the FDOT, SFWMD, FDEP, and local governmental agencies: Naples Radiology Center Site Design Miscellaneous Site Work at Windstar Development Orange Blossom Gardens P.U.D. Abreu SDP (4-plex & triplexes) Bermuda Gardens Condominium Bermuda Cove Condominium Lexington at Lone Oak Subdivision Lone Oak P.U.D. Piper's Pointe Condominium Collier County Public Schools Le]y High School Ava]on Elementary School Pine Ridge Middle School Orangetree P.U.D. World Tennis Center Kings Lake Subdivision Crescent Lake Estates Subdivision The Crossings Subdivision F E B 2 3 1999 JAN 05 ' 99 2E: ~0 TO 774~602 FROM Terrg / Rhona T-059 p. 01 ,: .- RECEIVED 3770 Parkview W~, Naples, E 34103-2737 f Coun~ C~fss~oners ~'~:~ 94]-434-9230 fax 941-434-0498 media~na I~nef ~.~ - ,-~-,cau ~x ~1-43~498 media~na I~.nef .. AGENDA Z N ' F E 8 2 3 1999 JAN 05 '99 23:32 TO ??43602 FROM Terry / Rhona T-059 P. 04 Rhona E. Saundere 3770 Parkview Way Naples Florida 34103-2737 December 26, 1996 Ms Sue Filson Administrative Assistant Board of County Commissioners 1301 Tamiami Trail East Naples, Florida 34112 Dear Ms Filson and County Commissioners: Please accept this letter as my formal aplication for appointment to the Collier county Code Enforcement Board. I qualify as a busines woman and as a former Realtor. I have the experience, interest, dedication and energy to serve as an impartial, effective member of the code Enforcement Board. Code enforcement, in my opinion, is a very necessary and responsible Board; and I share the Commission's desire to obtain high quality code enforcement recommendations in an expediant manner. As a resident/property owner in Collier County for the past 4 years, I have been active in the business community as well as the non- profit and community relations arenas. I am a business consultant specializing in providing practical, realistic business survival, marketing and business operations advice and mentoting. On a volunteer basis, I share my expertise, time and energy with several groups in the County, including the Naples Community Hospital, a number of social service organizations, the James Lorenzo Walker Vo-Tech Center and International College. Professionally, as a business owner/entrepreneur in washington, D.C. for more then 25 years, I owned and managed a successful marketing communications business, rounded and published two national trade magazines, owned and operated a restaurant and dinner theater, and was a licensed real estate broker in two states. Over the years, I have counseled many of the nations' leading developers and business owners in "sensatire" zoning, licensing, and community relations situations. I am not new to the challenges - and oDportunities - that confront the Collier County Code Enforcement Board. If appointed to the Code Enforcement Board, I look forward to fulfilling my duties and responsibilities to those with whom I will be serving, to the Collier County Commission and to the people of Collier County. Sincerely, ~ Rhona E. Saunders AGEr No. FEB 2 3 1999 JAN 05 '99 23:31 TO ??43682 FROM Terrg / Rhona T-059 P. 02 Rhono E. ,Sounder's 770 Pa kview Way Maples FL 34]03-2737 9'I]/4~4-P~0, fax 94~/43~-~P~, eraall med/a~napl~.ne~ etem~ optimist. ~ona Saunders ~ ~ of ~ese people, ~d more. ~th 30 y~s of h~-on binhess ~e~mce, her pmcdc~ success~l approach to problem-sol~g h~ enabled h~ to create, ~ ~d ~ow su~ ~verse bus~esses ~ an intemadon~ m~ke~g communications fro, ~o na~on~ ~e ~ines, se~ nadon~ ~socia~ons, a d~ner ~eat~ ~d nmerous sm~l r~l ~ute s~diates. Suen~hs: Her s~en~s ~e in s~c pl~nin~ bus~s development/sumS, m~ke~g...~d craig pubHc-p~te scoot p~enhips to a~ieve colon ~s. ~rou~out her c~eer, she h~ volubly helped m~y sm~l- $d mid-size b~esses suave ~d prosper. To~er ~ her hmb~d (~ard-~n~g joumfist Te~ence J. ~Her), she h~ completed a techni~ ~sis~ce project in Pol~d for ~e Interna6on~ ~ecuUve Semite Co~s; in ~ch 1997, ~ey were s~ected to sere ~ the ~t Volunteer Exe~v~ ~ I~C's n~ly l~nched domestic pro~. Nationa~ U.S. E~e~se: Nonprofit ~de ~d profession~ ~so~ons, hote~ ~d ~e ho~pi~ indus~, r~ estate develope~, m~ine pub~h~g fm~ci~ ins~mdons~ profession~ se~c~ ~f~aV~F~en~e~ad~e~s~d public riOtoUs, ~d e~e~g b~esses. Education: 1966 BS Jouma~m ~d Poh~ Science, Ohio Univeni~, A~ens, Ohio, ~ ~v~ced sm~es at ~c~ Universi~, W~h~on DC. ~n~ages: ~ish, fluent. Emplo~ent Record: 1992--Volunteer ~e~ve, Intema~on~ ~e~ve Semce Co~s. Two succ~s~l technic~ ~sismce projecu for I~C include $ ~omofve p~ d~butor ~ Pol~d $d ~ ~u~um tool box ~d g~ m~ufac~r~ m k~s~. Bus~ess mentor in Naples, Hofd~ founder $d ~e~urer, Na~on~ ~d Tmspo~ Association; advisor ~d bo~d member to M~e Brae Travel, W~h~on, DC. 198~1992--Founder, presidmt ~d CEO of~e Saundm Comply, an i~t~a~on~ marketing communications ~ h~d~mered ~ W~h~on, D.C.; founder, ~ce president ~d publisher of C~ents M~e, a nadon~ly c~ted ~de m~ine; eSwr FEB 2 3 ~999 Pg. , JAN 05 '~9 23:31 TO ??~3602 FROM Terrg / Rhona T-OSB P. 03 in chief of Association Leader Magazine, an internationally circulated publication for the nonprofit sector. ~ . Previous professional positions include senior management staff of two large adve~sing- ~ '~ public relations agehales, editor ~t CBS afffiiate WI'OP Radio (all-news format), consultant to the Small Business Administrator, operator/part owner of a restaurant and a dinner theater, licensed real estate broker in Washington, DC and Virginia, and information director for the world's largest credit union. Otganlzation8 and Activities: 1. Collier County Code Enforcement Board, member 2. Collier County EMS Advisory Council, member/~'e. rt,~ ~.t-,/l~-ta,/~'/~ r' 3. Focus Task Forces on Health, Governance 4. Naples Community Hospital, chair, Emergency Room volunteers 5. Mended Hearts, Inc., co-founder, Naples Chapter, Accredited Visitor 6. Naples Free-Net. volunteer 7. Naples Press Club, co-founder and Board of Directors member 8. Women's Political Caucus of Collier County, Board of Directors, program chair 9. Jewish Family Services, Board of Directors 10. James Lozenzo Walker Vo-Tech Center, advisor 11. ParkShore Association, member 12. Friends of the Library, member 13. American Society of Travel Agents, member FEB 2 3 1999 RECEIVED NOV I 9 1998 November 17, 1998 Mrs. Sue Filson Board of County Commissioners Collier County Government Complex 3301 East Tamiami Trail Naples, Florida 34112 BCC 010110 Dear Sue Filson, I am sending you this letter with the request that I be appointed to the Collier County Code Enforcement Board- North. As you may know the Collier County Code Enforcement Board - South is being abolished. Thank you for your kind con- sideration. Sincerely, · , /". ~Jack G. Stirling 2237 Kings Lake Boulevard Naples, Florida 34112-5328 Tel: 774-6541 1999 I RESOLUTION NO. 99- 2 ~ 3 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF 4 COLLIER COUNTY, FLORIDA, REAFFIRMING RESOLUTION NO. 98-62, 5 RESOLUTION FOR REPEAL OF PREEMPTION LANGUAGE 1N THE 6 FLORIDA CLEAN 1NDOOR AIR ACT, CHAPTER 386, PART II, FLORIDA 7 STATUTES. 9 WHEREAS, on March 3, 1998, the Board of County Commissioners of Collier County, 10 Florida, adopted Resolution No. 98-62, exhorting the Florida Legislature to enact legislation to 11 repeal the preemption language in the Florida Clean Indoor Air Act and return the right to local 12 communities to further enact and enforce stronger tobacco-related ordinances if they choose to 13 do so and encouraged other counties and municipalities in Florida to adopt similar resolutions; 14 and 15 WHEREAS, Resolution No. 98-62 provided in pertinent part: 16 WHEREAS, studies inform that cigarette smoking kills more 17 Americans each year than alcohol, cocaine, heroin, murder, car accidents, 18 and AIDS combined; and 19 WHEREAS, reportedly 31,204 people from Florida die oftobacco- 2o caused diseases each year; and 21 WHEREAS, secondhand smoke inhaled by nonsmokers can cause 22 serious health problems, especially among children; and 23 WHEREAS, rates of smoking among children in Florida are 24 increasing, according to the Centers for Disease Control and Prevention; 25 and 26 WHEREAS, statistical studies indicate that every thirty seconds a 27 child in Florida smokes for the first time, and one-third of these new 28 smokers will eventually die oftobacco-related diseases; and 29 WHEREAS, the tobacco industry reportedly has, as a legislative 30 strategy, the removal of local authority to regulate tobacco; and 31 WHEREAS, citizens in local communities believe they should 32 have the power to protect themselves from secondhand smoke and protect 33 children from tobacco; and 34 WHEREAS, the Board of County Commissioners of Collier 35 County is seriously concerned about the health hazards of smoking and the 36 use of tobacco by children; and 37 WHEREAS, the current laws of the State of Florida, including the 38 Florida Clean Indoor Air Act, Chapter 386, Part II, Florida Statutes,AGf~DA ~ 39 preempt local regulation of tobacco use; and -- - FF_I 2 3 1999 - z - pg... t 1 WEEAS, the Board of County Commissioners of Collier 2 County believes that rights should be vested in local communities to enact 3 and enforce stronger tobacco-related ordinances if they choose to do so. 4 and; 5 WHEREAS, the Florida Clean Indoor Act, Chapter 386, Part II, Florida Statutes, 6 was not revised by the Florida Legislature in 1998; and 7 WHEREAS, the Board of County Commissioners of Collier County, Florida, 8 wishes to reaffirm its concerns and desires reflected in Resolution 98-62. 9 NOW, THEREFORE, BE IT RESOLVED that the Board ofCav, nty Commissioners of 10 Collier County, Florida, reaffirms Resolution No. 98-62, Resolution for repeal of preemption 11 language in the Florida Clean Indoor Air Act, Chapter 386, Part II, Florida Statutes, exhorting 12 the Florida Legislature to repeal the preemption language in the Florida Clean Indoor Air Act 13 and return the right to local communities to further enact and enforce stronger tobacco-related 14 ordinances if the choose to do so. 15 AND BE IT FURTHER RESOLVED, that the Board of County Commissioners of 16 Collier County, Florida, encourages other counties and municipalities in Florida to adopt similar 17 resolutions. ""' 18 AND BE IT FURTHER RESOLVED, that the County Clerk is hereby directed to 19 distribute copies of this Resolution to the Governor and Lieutenant Governor of Florida, to the 20 Collier County Legislative Delegation, and to the Florida Department of Health. 21 This Resolution adopted this day of ,1999 after motion, second 22 and majority vote favoring same. 23 24 25 ATTEST: BOARD OF COUNTY COMMISSIONERS 26 DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA 27 28 29 30 By: 31 PAMELA S. MAC'KIE, CHAIRWOMAN 32 33 34 Approved as to form and 35 legal sufficiency: 36 37 40 ;.vid ~2. ~eigel' ~ ' AGENDA ITEM ' 41 County Attorney NO, IOCe."h ,.,--, 4:2 -- _ 43 ,, .... FEB 2 3 3999 - 2 - EXECUTIVE SUMMARY ADOPTION PUBLIC HEARING FOR THE 1998 GROWTH MANAGEMENT PLAN AMENDMENTS: 1) Transportation Element: Amend Table V, the Collier County Transportation Data Base, and various Transportation Maps within said Element. 2) Capital Improvement Element: Amend Policy 1.1.5 of the Capital Improvement Element (CIE) to reflect changes in levels of service to certain capital facilities and amend and update the Capital Improvement Schedule of the CIE. 3) Petition CP-98-01: Amend the Future Land Use Element and Future Land Use Map, by adding a new Subdistrict entitled the Goodlette/Pine Ridge Commercial Infill Subdistrict. 4) Future Land Use Element: Amend the Future Land Use Element by eliminating the "Commercial Under Criteria" provision and replacing it with a new provision entitled "Office and In-fill Commercial Subdistrict". 5) Petition CP-98-03: Amend the Golden Gate Area Master Plan by increasing the acreage requirements of the Pine Ridge/CR 951 Neighborhood Center and by modifying access and buffering requirements of the Neighborhood Center. 6)Petitinn CP-98~04: Amend the Golden Gate Area Master Plan by creating a new Subdistrict entitled "Santa Barbara Commercial Subdistrict." OBJECTIVE: For the Board of County Commissioners to review the 1998 Amendments to the Collier County Growth Management Plan. CONSIDERATIONS: · Chapter 163, F.S., provides for an amendment process for the adopted County Growth Management Plan. · Resolution 97-431 provides for a public petition process to amend the Plan. ~"' · The CCPC held their transmittal hearings on September 17 and October 1, 1998. · The BCC held their transmittal hearings on October 13, 1998. · The Objections, Recommendations and Comments Report (ORC Report) was received from the Department of Community Affairs on December 28, 1999. · The CCPC held their adoption hearings on February 4, t999. · This adoption hearing considers amendments to the following Elements of the Plan: 0 Transportation Element 0 Capital Improvements Element Golden Gate Area Master Plan Future Land Use Element FISCAL IMPACT: None at this time. GROWTH MANAGEMENT IMPACT: This is a final adoption hearing which will amend the' Comprehensive Plan. The Department of Community Affairs (DCA) has 45 days to find the plan amendments in compliance with State legislation. If found to be in compliance a "notice of intent" will be filed by DCA and the plan amendments will become effective. CCPC RECOMMENDATION: The CCPC held their required public hearing on February 4, 1999. Their recommendations are as follows: 1. TRANSPORTATION ELEMENT: Recommended approval as recommended by staff. 2. CAPITAL IMPROVEMENTS ELEMENT: Recommended approval as recommended by staff. AGENDA ITEM NO. 12 AI February 23,1999 Pg. 1 3. PETITION CP-98-01, G-4 Partnerships Requesting to Amend the Future Land Use .... Element by Adding a new Subdistrict to the Land Use Designation Description Section to be known as the Goodlette/Pine Ridge: Recommended approval as recommended by staff. 4. Future Land Use Element, Comprehensive Planning Staff, requesting to amend the Future Land Use Element by eliminating the "Commercial Under Criteria" provision and replacing it with a new provision entitled "Office and In-fill Commercial Subdistrict": Recommended approval as recommended by staff. 5. PETITION CP-98-03, Hy & Anita Bershad, Requesting to Amend the Golden Gate. Area Master Plan by Expanding the acreage allowed in the Neighborhood Center at CR951/Pine Ridge Road and to limit said expansion to Conditional Uses for assisted living facilities only: Recommended approval with the following text change: (IX) 2. H re~identla!!y Estates zoned property. 6. PETITION CP-98-04, Board of County Commissioners requesting to Amend the Golden Gate Area Master Plan by adding a new Subdistrict to be known as Santa Barbara Commercial Subdistrict and by changing the Land Use Designation for certain properties along Santa Barbara from Residential to Santa Barbara Commercial Subdistrict: Recommended approval as recommended by staff. RECOMMENDATION: That the Board of County Commissioner review the Growth Management Plan Amendments, and adopt, adopt with changes or deny the proposed amendments. PREPARED B~ ANNE'/~ II DATE: / ARBARA CACCHIO~E, AICP / O REHENSIVE PLANNING MANAGER RENEWED B~'.I~B P~ L~~S~5tERE AICP DATE: P RVICiES DIRECTOR VINCENT A. CAUTERO, AICP ADMINISTRATOR COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION AGENDA ITEM NO. 12 A1 February 23,1999 Pg. 2 EXECUTIVE SUMMARy PETITION NO. PUD-98-18 DWIGHT NADEAU OF MCANLY ENGINEERING AND DESIGN, INC. REPRESENTING SECTION THIRTY CORPORATION LLC, REQUESTING A REZONE FROM ITS CURRENT ZONING CLASSIFICATION OF "A" AGRICULTURAL TO "PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS LIVINGSTON LAKES PUD. THE SUBJECT PROPERTY IS LOCATED ON THE EAST SIDE OF PROPOSED LIVINGSTON ROAD APPROXIMATELY 700 FEET SOUTH OF IMMOKALEE ROAD CONSISTING OF 46.73 ACRES. The petitioner seeks to have certain land herein described rezoned from its current zoning classification "A" Agricultural "PUD" Planned Unit Development for residential purposes. CONSIDERATIONS: The proposed Livingston Lakes PUD lays out a development scheme consisting of 327 residential dwelling units with accessory recreation amenities, lakes and other open spaces on a total of 46.73 acres more or less. This will result in a density of four (7) dwelling units per acre which is consistent with the base density permitted by the density rating system. The PUD provides for multi-family housing structure types. The proposed access is from the future livingston Road. The subject property is located within the 1-75/Immokatee Road Activity Center's Density Band. The PUD Master Plan iljustrate a residential development at a density of 7 units per acre which is consistent with the GMP. The surrounding area is largely undeveloped and currently most surrounding properties are zoned with a wide range of densities that range from 1 unit per five aces in the Agriculture District to 2.81 dwelling units per acre in the Pelican Marsh PUD directly to the west, to 8.92 dwelling units per acre in the Eboli PUD and 12.84 dwelling units per acre in the April Circle PUD both to the north of the subject property. This property is also adjacent to one Commercial PUD (Stiles PUD) and one mixed use PUD (Donovan PUD) with commercial and residential uses at 6.64 units per acre. It should be noted that the portion of the Pelican Marsh PUD adjacent to the subject site is being developed with multi-family residential units at a density of 17.48 dwelling units per acre. The Collier County Planning Commission heard this petition on February 4, 1999 and by a 9-0 vote recommended approval. No one spoke in opposition to this petition at the CCPC meeting, and furthermore, staff has not received any correspondences objecting to the approval of this petition. The Environmental Advisory Board (EAB) heard this petition on February 3, 1999, and after a motion to approve failed by a vote of 3-2 (EAB rules require super majority) the EAB voted 4-1 to deny this petition. The EAB's denial was based on the fact that the EIS (Environmental Impact Statement) was deficient and the endangered species study was not complete. Because of the EAB denial this petition does not qualify as a Summary Agenda Item. FISCAL IMPACT: This is a multi-family project, and the Impact Fees for these types of projects are s foii~oc~r..~i~ ] N Park Impact fee: $ 578.00 per unit F E B 2 3 1999 1 Pg. / ~-.:_---- Library Impact Fee: $180.52 per unit Fire Impact Fee: $ 0.15 per SQ. FT. of bldg. School Impact Fee: $ 827 per unit Road Impact Fee: $ 890 per unit Radon Impact Fee: $ 0.005 per SQ. FT. of Bldg. EMS Impact Fee: $ 2 per unit Bldg. Code Adm. $ 0.005 per SQ. FT. of Bldg. Micro film surcharge $1.50 per unit For an average 1000 square feet unit the total impact fee will be: $ 2639.02. This project will contain 327 units. Therefore the total amount of Impact Fee collected at the build-out will total $ 862,959.54. In addition to the Impact Fees described'there are building permit review fees and utility fees associated with connecting to the County sewer and water system. Building permit fees have traditionally off-set the cost of administrating 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 schemes. An 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 method by which to estimate the cost 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 not withstanding fiscal impact relationship, development takes place in an environment of concurrency relationship. When level of service requirements fall below then developed standard a mechanism is in place to bring about a cessation of building activities. Certain LOS standards apply countywide and would therefore bring about a countywide concurrency determination versus roads which may have geographic concurrency implications. GROWTH MANAGEMENT IMPACT: This property is located within an Activity Center Density Band in the Urban Residential Mixed Use designated area on the Future Land Use Map. A consistency review analysis with applicable elements of the GMP is as follows: FLUE and Density: The project density of 4 dwelling Units per acre is consistent with the density rating system contained in the Future Land Use Element and is based on the following relations dp a%~i.F~LatdTEu below: 7'~ F E B 2 3 1999 2 Base Density: 4 dwelling units per acre Additional density for Density Band :~ dwelling units per acre Maximum permitted density 7 dwelling units per acre The requested density of 7 units per acre is equal to that which the site is eligible to receive under the FLUE density rating system, therefore this petition is consistent with the density provisions of the Growth Management Plan (GMP). Traffic Circulation Element: The Traffic Impact Study (TIS) indicates that the proposed project will generate approximately 1787 Weekday trips. The TIS indicates that the project trips will exceed the significance test ( 5 percent of the LOS "C" design volume) on Livingston Road after trip assignments are made. However, this proposed residential development will not lower the level of service below the adopted LOS "D" standard. The Traffic Circulation Element (TCE) lists this segment of Immokalee Road as a 4 lane arterial road from Airport Road to I-7. The current traffic count is 28,299 PSDT and is operating at LOS "A". This PUD will provide an inter-connection to the residential portion of the Donovan PUD. Therefore, this petition is consistent with TCE policies. Conservation and Open Space: PUD development commitments provide open space consisting of at least sixty (60) percent of the gross land area. Native vegetation preservation or re-vegetation requirements of the LDC will be achieved by the design for preservation areas and by re-vegetation of native species, therefore, the Conservation and Open Space Elements of the GMP will be achieved through PUD development commitments. Utility and Water Management: Development of the land will proceed on the bases of connection to the County's sewer and water distribution system. These facilities are to be designed, constructed, conveyed, owned and maintained in accordance with the Collier County Ordinance Number 88-76. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. PLANNING COMMISSION RECOMMENDATION: That the Board of County Commissioners approve PUD-98-18 as described by the Ordinance of Adoption and Exhibits thereto, and made a part of this Executive Summary submission. 1999 PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP DATE PRINCIPAL PLANNER I~IEWED Y: ','b"i',~L'~'F':' N',NO, A,CP, MANAGERDATE R i~ CURRENT PLANNING SECTION R ULHERE, AICP, DIRECTOR DATE PLANNING SERVICES APPRO,,V~ BY: ~" L'>. ~ ~ ---t~z VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 4 F E B 2 3 1999 AGENDA ITEM 7-A MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE: DECEMBER 21, 1998 RE: PETITION NO: PUD-98-18 OWNER/AGENT: Agent: Dwight Nadeau McAnly Engineering and Design, Inc. 5101 East Tamiami Trail Suite 202 Naples, FL. 34113 Owners: Section Thirty Corporation LLC (See attached Disclosure of Interest Information) C/O 600 Fifth Avenue South Suite 207 Naples, FL. 34102 REQUESTED ACTION: This petition seeks to have certain land as herein described rezoned from its current zoning classification of "A" Agricultural to the "PUD" Planned Unit Development District. I~EOGRAPHIC LOCATION: The subject property is located on the east side of proposed Livingston Road approximately 700 feet south of Immokalee Road in Section 30, Township 48 South, Range 26 East, Collier County, Florida. PURPOSE/DESCRIPTION OF PROJECT: The proposed Livingston Lakes PUD lays out a development scheme consisting of 327 residential dwelling units with accessory recreation amenities, lakes and other open spaces on a total of 46.73 acres more or less. This will result in a density of seven (7) dwelling units per acre which is consistent with the base density permitted by the density rating system. The PUD provides for all manner of housing structure types. F E B 2 3 1999 -1- Peo ,5"/ - c.~ pq. Z~ SURROUNDING LAND USE AND ZONING; Existing: This land is undeveloped with site vegetation consisting of slash pine, cabbage palm, and cypress trees. This property is currently zoned "A" Agricultural. Surrounding: North - Stiles PUD (undeveloped Commercial) and vacant land zoned Agricultural. East - Donovan Center PUD (undeveloped Commercial). South - vacant land zoned Agricultural. West -Pelican Marsh PUD, and vacant land, zoned Agricultural. GROWTH MANAGEMENT PLAN CONSISTENCY; This property is located within the Urban Residential Mixed Use designated area on the Future Land Use Map. A consistency review analysis with applicable elements of the GMP is as follows: FLUE and Density: The project density of 7 dwelling units per acre is consistent with the density rating system contained in the Future Land Use Element and is based on the following relationship as noted below: Base Density: 4 dwelling units per acre Additional density for density band 3 dwelling units per acre Maximum permitted density 7 dwelling units per acre The requested density of 7 units per acre is equal to that which the site is eligible to receive under the FLUE density rating system, therefore this petition is consistent with the density provisions of the Growth Management Plan (GMP). Traffic Circulation El~rn~nt: The Traffic Impact Study (TIS) indicates that the proposed project will generate approximately 1787 Weekday trips and 165 PM Peak Hour trip ends. The TIS indicates that the project trips exceed the significance test ( 5 percent of the LOS "C" design volume) on Livingston Road after tdp assignments are made. However, this proposed residential development will not lower the level of service below the adopted LOS "D" standard. The TCI lists Immokalee Road as a four lane arterial road from Airport Road to 1-75. The Current traffic count for the segment fronting the project is 28,299 PSDT and is operating at LOS "A". The planed and proposed improvements within the project's RDI will ensure that the adopted LOS standards are maintained. As a result, this petition complies with Policy 1.3 and 1.4 of the TCI. This project will provide an inter-connection to the residential portion of the Donovan PUD to the east. Conservation and Open Space: F E B g 3 1999 -2- The Collier County Land Development Code requires open space consisting of at least sixty (60) percent of the gross land area. Native vegetation preservation or re- vegetation requirements of the LDC will be achieved by the design for preservation areas and by re-vegetation of native species, therefore, the Conservation and Open Space Elements of the GMP will be achieved through PUD development commitments. Utility and Water Management: Development of the land will proceed on the bases of connection to the County's sewer and water distribution system. These facilities are to be designed, constructed, conveyed, owned and maintained in accordance with the Collier County Ordinance Number 88-76. Water management facilities will be constructed to meet County Ordinances and they will be reviewed and approved as a function of obtaining subsequent development order approvals. The above prescribed course of action makes this petition consistent with this element of the GMP. 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. 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 includes a review by the Community Development environmental and engineering staff, and the Transportation Services Division staff. This petition will be reviewed by the EAB on February 3, 1999. Their recommendation will be presented to the BCC. The comments and concerns of these reviewing agencies have helped to shape the content of 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, culminating in a staff recommendation based on that comprehensive overview. The list of 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 the basis for a recommendation of approval or denial b_y_ the Planning Commission to the BCC. Each of the potential impacts or con,,;i(j~"~ai~'~-~J;~_~)/ F E B g 3 1999 -3- 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-complia. nce, 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 basis for supportive action by appropriate evaluation of 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 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. Followings are staff findings for this PUD petition: RelationshiD to Future and Existing Land Uses: This refers to the relationship of the proposed zoning action to the Future Land Use Element of the Collier County Growth Management Plan. As discussed above, the Future Land Use Plan acknowledges the entire area as an area where urban residential development is expected to occur. The PUD Master Plan iljustrate a residential development at a density of 7 units per acre which is consistent with the GMP. The surrounding area is largely undeveloped and currently most surrounding properties are zoned with a wide range of densities that range from 1 unit per five aces in the Agriculture District to 2.81 dwelling units per acre in the Pelican Marsh PUD directly to the west, to 8.92 dwelling units per acre in the Eboli PUD and 12.84 dwelling units per acre in the April Circle PUD both to the north of the subject property. This property is also adjacent to one Commercial PUD (Stiles PUD) and one mixed use PUD (Donovan PUD) with commercial and residential uses at 6.64 units per acre. It should be noted that the portion of the Pelican Marsh PUD adjacent to the subject site is being developed with multi-family residential units at a density of 17.48 dwelling units per acre. The preserve areas of this PUD encompass 10 acres. With landscape buffers and lakes this PUD will have over 60 percent of the property allotted to open space. Development standards relative to each housing structure type are generally consistent with the standards for conventional residential zoning districts. With respect to the matter of compatibility, this is an evaluation whose primary focus is similarity of land use and not necessarily just a density issue. In the case at hand, and based upon the Future Land Use Plan, we have an expectation that the subject site and adjacent land will be used for urban residential purposes and in fact the subject property is adjacent ~o _-~. ~ approved residential and commercial projects. F E B :Z 3 1999 -4- It is staffs opinion that the proposed density of 7 units per acre is compatible with the development trends in this area except as otherwise conditioned above. As noted above, the majority of the surrounding and nearby land is zoned Agricultural which is eligible to be rezoned to residential at a base density of 4 dwelling units plus up to 3 additional dwelling units per acre due to the fact that the area is within a density band of a Commercial Activity Center. Therefore, staff is supportive of the proposed residential PUD at a density of seven (7) dwelling units per acre. The proposed use is compatible with dwelling types approved in the April Circle, Eboli, and Pelican Marsh PUDs..Furthermore, the application of PUD development standards and architectural theme requirements should remove any perception that there are any incompatibility in dwelling types with adjacent land areas. Regarding the matter of timing, it should be appreciated that urban commercial development has been approved within the 1-75 and Immokalee Road Activity Center and there are existing commercial facilities to the west and north on Immokalee Road. After considering the availability of community infrastructure and services it is clear that the development of the subject property is timely and consistent with the FLUE of the GMP. Traffic: The Traffic Impact Statement (TIS) classifies Immokalee Road as a 4 lane arterial road from Airport Road to 1-75. The TIS indicates that 327 units will generate approximately 1,787 trips on a weekday. Based on this data, the number of vehicular trips generated by project will exceed the significance test ( 5 percent of the LOS "C" design volume) on Immokalee Road. However, this segment will continue to operate at an acceptable level of service at the built-out of the project. However, intensifying traffic conditions may at times give rise to inconveniencing neighboring residents on this road segment even though the road will operate at acceptable levels. This project does not directly front on Immokalee Road. This project access is through proposed Livingston Road. The segment of Livingston Road between Immokalee Road and Vanderbilt Road is scheduled to be constructed as a four lane arterial roadway in the year 2002, with completion in 2003. The applicant is proposing to construct about 2000 feet of the road as a two lane road in case the road construction is delayed or they decide to develop the project prior to the construction of the road. The subject property is served by the County water and sewer system. However, storm water management will be provided on site. Community Infrastructure and Services; The subject property is readily accessible to a whole range of community infrastructure which is enhanced by its interface with Livingston and Immokalee Road. Shopping _--, centers, and medical offices of various specialties are all within a short driving distance to the east and west. N~~/ F E B 2 3 1999 -5- P.. _/~ - PUD Document and Master Plan; PUD Document: The Livingston Lakes PUD Document is modeled after a County Planning Services model PUD Document. In terms of format, general provisions covering references to GMP and LDC. The PUD document provides the required format for addressing land uses and development standards and development commitments. The PUD contains all of the recommendations of reviewing staff. The development standards regulating the placement of residential structures both for individual and multi-family development are similar to the standards commonly employed in other PUDs, which by actual development practice has produced aesthetically pleasing communities. The PUD also limits the building height to 3 habitable stories. Master Plain: The Master Plan is designed around an entrance driveway which provides a connection to Livingston Road. All committed road improvements shall be in place prior to the issuance of any Certificate of Occupancy for the project. STAFF RECOMMENDATION: Staff recommends that the CCPC recommend approval of Petition PUD-98-18 to the Board of County Commissioners subject to the approval conditions that have been incorporated in the PUD Document and otherwise described by the Ordinance of Adoption and exhibits thereto. ., F E B 2 3 1999 -6- PREPARED BY: ~.~,~,,.. ~~,j~ ,......, 1 ,,/~ r CHAHRAM BADAMTCHIAN, Ph.D., AICP DATE PRINCIPAL PLANNER -- ,/ LHE~'~, AICP, DIRECTOR DATE PLANNING SERVICES VINCENT CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES Petition Number: PUD-98o16 Staff Report for January 21, 1999 CCPC meeting. This petition has been scheduled for February 23, 1998 COLLIER COUNTY PLANNING COMMISSION: F E B ~ 8 199~ -?- FINDINGS FOR PUD PUD-98-18 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 land, 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 extent that location choice is enhanced for residential environments within the urban area reduces the push on urban sprawl. (iii) The subject property is served by a network of County roads, all of which are within the urbanized area providing easy access to a host of community services and facilities. (iv) Comprehensive multi-disciplined analysis supports the suitability of the land for the uses proposed. Con: (i) As with all actions that intensify urban development patterns there is some loss to travel time for users of the same arterial road system. Summary_ 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 infrastructure 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. Recommended mitigation measures will assure compliance with Level of Service relationships as prescribed by the Growth Management Plan. 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 expen~e..~o.s~.~2/ FEB 2 3 1999 Pro/Con: Evaluation not applicable. Summary_ Findin_o: 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: The development strategy for the subject property is entirely consistent with the goals, objectives and policies of the Growth Management Plan. Con: None. Summary_ Finding: The subject petition has been found consistent with the goals, objectives and policies of the Growth Management Plan. A more detailed description of this conformity is addressed in the Staff Report. Additional Finding: The subject property is designated Urban Mixed-Use - Urban Residential on the FLUE to the GMP. As such it authorizes zoning actions aimed at allowing the land to be used for urban residential purposes at the proposed density of 7 units per acre. This petition has been reviewed by the appropriate staff for compliance with the applicable elements of the Growth Management Plan, as note below: Future Land Use Element - Consistency with FLUE requirements is further described as follows: Residential Density - Approval would authorize 327 dwelling units whose density would be 7 units per acre. This is consistent with the density rating system to the FLUE which allows up to 7 units per acre. Land Use - The urban residential Subdistrict allows all residential structure types and other uses normally found in a residential environment such as recreational aCCeSSOry USES. Traffic Circulation Element - Analysis of the subject petition concluded with a finding that with development phasing this petition is consistent with the policies of the TCE. Recreation and Open Space Element - Sixty (60%) percent or more qfthe area is to be developed'as open space consisting of a wetland areas, ake °ai~ '- landscape buffers. F E B 2 3 1999 I Pn. /Y This area is exclusive of the amount of open space that remains as each development parcel or tract is developed. Said amount of open space is equal to the open space requirement of 60% for residential PUDs exclusive of that open space related to actual residential development. Other Applicable Element (s) - By virtue of development commitments and master plan development strategy, staff is of the opinion that the Golden Pond PUD is entirely consistent with provisions of the Collier County GMP. Staff review indicates that this petition has been designed to account for the necessary relationships dictated by the GMP. Where appropriate, stipulations have been generated to ensure consistency with the GMP during the permitting process. Therefore, this petition has been deemed to be consistent with 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. ProlColl; Evaluation not applicable. Summary_ Findin_o: The PUD Master Plan has been designed to optimize internal land use relationship through the use of various forms of open space separation. External relationships are automatically regulated by the Land Development Code to assure 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 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. Summary_ Finding: Timing or sequence of development in light of concurrency requirements is not a significant problem. (See Staff report) 3 F E B 2 3 1999 --- 7. The ability of the subject property and of surrounding areas to accommodate expansion. Pro/Con: Evaluation not applicable. Summary_ Finding: 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. 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 particular housing structures and associated area requirements. 1999 REZONE FINDINGS PETITION PUD-98-18 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: i. The proposed residential density of 7 dwelling units per acre is consistent with the Density rating System of the GMP that provides for a base density of 4 dwelling units per acre plus up to 3 additional units for properties within one mile radius of the Activity Centers. 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. 2. The existing land use pattern; Pro: To the east this property borders Donovan Center PUD which is a commercial PUD, to the west across from proposed livingston Road This property is adjacent to a Multi-family tract of Pelican Marsh with a density of 17.48 unit per acre, while the April Circle PUD and Eboli PUD to the north of this project were approved with 12.84 and 8.92 dwelling units per acre respectively. Con: The adjacent properties to the south zoned Agriculture. This residential density is one unit per 5 acres. Summary_ Findings: Evaluation not applicable. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; Pro: The proposed rezone is similar to the approved residentially zc ned Circle and Eboli PUDs to the north and Pelican Marsh to the west. Po. Con: Evaluation not applicable. Bummary Findings: The parcel will not result in an isolated district unrelated to adjacent and nearby districts because it will be adjacent to several residentially zoned properties. It is also consistent with expected land uses by virtue of its location within the "Urban Residential" area on the Future Land Use Element. 4. Whether existing district boundaries are illogically 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: properties to the west and north are zoned PUD and approved with similar dwelling types and density. In addition, the boundaries are logically drawn by virtue of the site's location within the "Urban Residential" area on the Future Land Use Element. --- 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. 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 Pelican Marsh PUD to the west and Eboli and April Circle PUDs to the north contain similar residential dwelling types while the property to the east is approved commercial uses. By virtue of this fact it is reasonable that one assume the potential for rezoning actions leading to additional residential units similar to the proposed PUD zoning district. (ii) Recommended mitigation actions made a condition of apl Irnv~l ,,!!!1 ,, '; go a long way towards off-setting any potential adverse l~l'ue~.~~~/ on the residential communities in the area. F E B 2 3 1999 2 (:;on: (i) The additional dwelling units could cause increased noise and traffic impacts on the nearby residences. However, due to the small size of the site and the proposed preserve and buffer areas, the proposed PUD should not adversely impact the adjacent properties. 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. Recommended mitigation actions should serve to ameliorate impact on an adjacent future residential area. 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) An action to rezone the property as requested is consistent with all applicable traffic circulation elements. (ii) The property fronts directly on a proposed public road thereby providing a immediate access .to the arterial road network over which traffic from this residential development would be defused. Con: (i) Urban intensification results in greater volumes of traffic on the local, arterial and collector road system serving the PUD. Other projects dependent upon the same street system may perceive this result as one which will reduce their perceived comfort levels. 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. 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 thP- ri-~k nf -- flooding on nearby properties. New development in and'of its~~ not supposed to increase flooding potential on adjacer property over and above what would occur without development. FEB 2 3 1999 3 CQn: (i) Urban intensification in the absence of commensurate improvement to intra-county drainage appurtenances would increase the risk of flooding in areas when the drainage outfall condition is inadequate. 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 residential development conforms to the similar residential development standards of the LDC which are designed to protect the circulation of light and air to adjacent areas. Con: None. Summary_ Findings: All projects in Collier County are subject to the development standards that are unique to. the zoning district in which it is located. These development standards and others apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area; Pro: Typically urban intensification increases the value of contiguous underutilized land, a condition which exists on the north and east sides. Con: 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. , A ENDA I'[ 11. Whether the proposed change will be a deterrent to the improvisme~ia~/ development of adjacent property in accordance with existing reg lat 'g 3 1999 Pro/Con: Evaluation not applicable. Summary_ Findings: The basic premise underlying all of the development standards in the zoning division of the LDC 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 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 PUD complies with the Growth Management Plan, a public policy statement supporting 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. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; Pro/Con: Evaluation not applicable. Summary_ Findingf; 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. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Pro: The proposed development complies with the GMP. Con: Evaluation not applicable. Summary_ Findings: 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. Summary_ Findings: There are many sites which are zoned to accommodate the proposed residential 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/Con: Evaluation not applicable. Summan/_ Findings: Physical alteration is a product of developing vacant land which cannot be avoided. 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: Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. 1999 APPLICATION FOR PUBLIC HEARING P i3 D 9 8-18 NOV Petition No.: Date Petition Received: Commission District: Planner Assigned: ~.[~.sx ..... ABOVE TO BE COMPLETED BY STAFF 1. General Information: Name of Applicant(s) Section Thirtv Corporation LLC Applicant's Mailing Address c/o 600 Fifth Avenue South, Suite 207 City Naples State Florida Zip 34102 Applicant's Telephone #: (941) 263-6000 Fax #: (941) 263-6757 Name of Agent Dwi~,ht Nadeau Firm McAnlv Engineering and Design. Inc. Agent's Mailing Address 5101 East Tamiami Trail. Suite 202 City Naples State Florida Zip 34113 Agent's Telephone #: 775-0723 Fax #: 775-9236 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 PUBLIC HEARING FOR Pt~) REZONE-5/98 "~°'O~L/ ~,GE I OF 1 F E B 2 % 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 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 See Attachment To Section 2B "Disclosure Of Interest Information" 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 .-~PPLICATION FOR PUBLIC BEARING FOR PUD REZON'Eo$/98 d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership e. If there is a CONTRACT FOR PURCHASE. with an individual or individuals. a Corporation. Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries. or partners. Name and Address Percentage of Ownership Date of Contract: f. If any contingency clause of contract terms involve additional parties. list all individuals or officers, ifa corporation. partnership. or trust. Name and Address g. Date subject property acquired ( ) leased ( ):. Term of lease yrs./mos. If. Petitioner has option to buy, indicate date of option: and date option terminates: , or anticipated closing date 'Ac, 1999 ... ..__ h. Should any changes of ownership or changes in contracts for purchase 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 !elzal description of the property.. covered bv 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 shah submit four (4) copies of a recent survey (completed within the last six months. maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description. an engineer's certification or sealed survev may be required. Section: 30 Township: 48 South Range: 26 East Lot: Block: Subdivision: Plat Book __ Page #: Property I.D.#: See Attachment Metes & Bounds Description: A parcel of land lying in the northeast quarter of Section 30. Township 48 South, Range 26 East. Collier County. Florida. and more particularly described as follows: The West Half of the Southeast Quarter of the Northwest Quarter of Section 30~ and, The East Half of the Southwest Quarter of the Northwest Quarter of Section 30; and. The South half of the South Half of the Northwest Quarter of the Southwest Quarter of the Northwest Quarter of Section 30; and, The Northwest Quarter of the Southwest Quarter of the Southwest Quarter of the Northwest Quarter of Section 30; and~ The North Half of the Northeast Quarter of the Southwest Quarter of the Southwest Quarter of the Northwest Quarter of Section 30. Said parcel containing 46.73 acres~ more or less~ subject to easements. restrictions, and reservations of record. APPLICATION FOR PUBLIC HEARING FOR Pt'D REZON~-S/g8 PA-q E' o 1999 4. Size of property.: 1320+_ it. X 1335+_ it. = Total Sq. Ft. 20.355.558.8 Acres 46.73 5. Address/general location of subject property: The subiect property_ is located in the north half of Section 30, Township 48 South, Range 26 East, approximately 2000 feet south of the Immokalee Road Right-Of-Way. 6. Adjacent zoning and land use: Zoning Land use N A. & PUD Borrow pit. and undeveloped S A Undeveloped E PUD Undeveloped W A Fallow row cropland Does the owner of the subject property own contiguous property to the subject property? No. If so, give complete legal description of entire contiguous property. (If space is inadequate. attach on separate page). Section: Township: Range: Lot: Block: Subdivision: Plat Book __Page #: Property I.D.#: Metes & Bounds Description: 7. Rezoning Request: This application is requesting a rezone from the A, Agriculture zoning district(s) to the PUD zoning district(s). Present Use of the Property: The property_ is undeveloped, but has been used for cattle grazing. APPLICATION FOR PUBLIC HEARING FOR PUD REZONE-5/gS PA~_~, q~' 361999 Pa. 8. Evaluation Criteria: Pursuant to Section 2.7.2.5 and Sec. 2.7.3.2.5 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 Zoning Appeals shah 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. Standard Rezoa~e Considerations (LDC Section 2.7.2.5) 1. lt/hether 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. 2. The existing land use pattern. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. 4. H/hether existing district boundaries are illogically drmvn in relation to existing conditions on the proper.ty for the proposed change. 5. II"hether changed or changing conditions make the passage of the proposed amendment (rezone) necessary. 6. [Fhether the proposed change will adversely influence living conditions in the neighborhood [Fhether the proposed change will create or excessively increase trqlfic 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 other3vise affect public safety. 8. ~Fhether the proposed change will create a drainage problem. 9. IFhether 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. APPLICATION FOR PI~BLIC HEARING FOR Pt~} REZON'E-S/98 PAGE 6 OF 16 F E B 2 3 1999 13. I~'hether there are substantial reasons why the proper.ty 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. ~Vhether 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 properO' and the degee qf site alteration which would be required to make the properO, useable for any qf the range qFpotential uses un&r the proposed zoning class~cation. 17. The impact of &velopment on the availabili~ of adequate public facilities and semices consistent with the levels of semice adopted in the Collier Coun~ gowth management plan and as defined and implemented through the Collier Coun~ A&quate Public . Facilities Ordinance [Co& ch. 106, art. W, as amen&d 18.Such other factors, standar&. or criteria that the board of coun~ commissioners shall &era important in the protection of the public health, safer, and welfare. PUD Re~one Considerations (LDC Section 2. Z3.2.5) 1. ~e suitabili~ of the area for the O~e and pattern of &velopment proposed in relation to p&}~ical characteristics qf the land surrounding areas. traffic and access, &ainage, sewer, ~ater. and other utilities. 2. Adequacy of evidence of unified con~ol and suimbili~ of any proposed ageements, contract, or other instruments, or for amendments in those proposed particularly as they m~ relate to arrangements or provisions to be ma& for the continuing operation and maintenance of such areas and facilities that are not to be provi&d or maintained at public expense. Findings and recommendations of this ~pe shall be ma& only a~er consultation with the coun~ attorney. 3. Conformi~ of the proposed PUD with the goals, objectives and policies of the gowth management plan. 4. ~e internal and external compatibili~ of the proposed uses, which conditions m~ inclu& restrictions on location of improvements, res~ictions on &si~, and buffering ~d screening requirements. APPLICATION FOR Pt~LIC HEA~NG FOR Pt~ ~ZON~-$/98 PAGE 7 ~ 5. The adequacy of useable open space areas in existence and as proposed to serve the development. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. The ability of the subject property a~d of surrounding areas to accommodate expansion. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case. based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. See Basis For Approval 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? No. If so, what was the nature of that hearing?. 11. Additional Submittal requirements: In addition to this completed application, the following must be submitted in order for your application to be deemed sufficient. unless otherwise waived during the preapplication meeting. a. A copy of the preapplication meeting notes: b. If this rezone is being requested for a specific use, provide fifteen (15) copies of a 24" x 36" conceptual site plan [and one reduced 8'h" x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB, or CCPC]: · all existing and proposed structures and the dimensions thereof. · provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), APPLICATION FOR PUBLIC HEARING FOR Pt'D REZONE-S/gS [ E B E 3 1999 PAGE 8 OF 16 · all existing and/or proposed parking and loading areas [including matrix indicating required and provided parking and loading, including required parking for the disabled], · required yards. open space and preserve areas, · proposed locations of 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, shah be submitted. Said aerial shall identify. plant and/or wildlife habitats and their boundaries. Such identification shah be consistent with the Florida Department of Transportation Land Use Cover and Forms Classification System. Additionally, a calculation of the acreage (or square feet) of native vegetation on site, by area, and a calculation and location(s) of the required portion of native vegetation to be preserved (per LDC Section 3.9.5.5.4.). f. Statement of utility provisions (with all required attachments and sketches); g. A Traffic Impact Statement (TIS), unless waived at the pre-application meeting; h. A historical and archeological survey or waiver application if the property is located within an area of historical or archaeological probability (as identified at pre-application meeting); i. Any additional requirements as may be applicable to specific uses and identified during the pre-application meeting, including but not limited to any required state or federal permits. APPLICATION FOR PUBLIC HEARING FOR PUD REZONE-5/98 NA°~-~-j 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: MINOR TIS: Generally required for rezone requests for property less than 10 acres in size. although based on the intensity or unique character of a petition, a major TIS may be required for petitions often acres or less. MAJOR TIS: Required for all other rezone requests. A minor TIS shall include the following: 1. Trip Generation: Annual Average Daily Traffic (at build-out) Peak Hour (AADT) Peak Season Daily Traffic Peak Hour (PSDT) 2. Trip Assignment: Within Radius of Development Influence (RDI) 3. Existing Traffic: Within RDI AADT Volumes PSDT Volumes Level of Service (LOS) 4. Impact of the proposed use on affected major thoroughfares, including any anticipated changes in level of service (LOS). 5. Any proposed improvements (to the site or the external right-of-way) such as providing or eliminating an ingress/egress point. or providing turn or decel lanes or other improvements. 6. Describe any proposal to mitigate the negative impacts on the transportation system. 7. For Rezones Only: State how this request is consistent with the applicable policies of the Traffic Circulation Element (TCE) of the Growth Management Plan (GMP), including policies 1.3, 1.4, 4.4.5.1,5.2, 7.2 and 7.3. A Major TIS shall address all of the items listed above (for a Minor TIS, and shall also include an analysis of the following: 1. Intersection Analysis 2. Background Traffic 3. Future Traffic 4. Through Traffic 5. Planned/Proposed Roadway Improvements 6. Proposed Schedule (Phasing) of Development APPLICATION FOR PUBLIC .HEARING FOR PtrD REZONE-5/98 TRAFFIC IMPACT STATEMENT (TIS) STANDARDS: The following standards shah be used in preparing a TIS for submittal in conjunction with a conditional use or rezone petition: 1. Trip Generation: Provide the total traffic generated by the project for each link within the project's Radius of Development Influence (RDI) in conformance with the acceptable traffic engineering principles. The rates published in the latest edition of the Institute of Transportation Engineers (ITE) Trip Generation Report shall be used unless documentation by the petitioner or the County justifies the use of alternative rates. 2. Trip Assignment: Provide a map depicting the assignment to the network, of those trips generated by the proposed project. The assignment shall be made to all links within the RDI. Both annual average and peak seasonal traffic should be depicted. 3. Existing Traffic: Provide a map depicting the current traffic conditions on all links within the RDI. The AADT, PSDT, and LOS shall be depicted for all links within the RDI. 4. Level of service (LOS): The LOS of a roadway shah 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 shah cover the least of the following two areas: a) an area as set forth below; or, b) the area in which traffic assignments from the proposed project on the major thoroughfares exceeds one percent of the LOS "C'. Land Use Distance Residential 5 Miles or as required by DRI Other (commercial, 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 Pt~BLIC HEARING FOR PH} REZONE-5/gS ] F F_ B 2 1999 AGEi 1 OF 3 16 6. Intersection Analysis: An intersection analysis is required for all intersections within the RDI where the sum of the peak-hour critical lane volume is projected to exceed 1.200 Vehicles Per Hour (VPH). 7. Background Traffic: The effects of previously approved but undeveloped or partially developed projects which may affect major thoroughfares within the RDI of the proposed project shall be provided. This information shall be depicted on a map or, alternatively, in a listing of those projects and their respective characteristics. 8. Future Traffic: An estimate of the effects of traditional increases in traffic resulting from potential development shah 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 shah be for the projected development areas within the projects RDI. A map or list of such lands with potential traffic impact calculations shall be provided. 9. Through Traffic: At a minimum, increases in through traffic shall be addressed through the year 2015. The methodology used to derive the estimates shall be provided. It may be desirable to include any additional documentation and backup data to support the estimation as well. 10. Planned/Proposed Roadway Improvements: All proposed or planned roadway improvements located within the RDI should be identified. A description of the funding commitments shah also be included. 11. Project Phasing: When a project phasing schedule is dependent upon proposed roadway improvements, a phasing schedule may be included as part of the TIS. If the traffic impacts of a project are mitigated through a phasing schedule, such a phasing schedule may be made a condition of any approval. TIS FORM RVB/RJM 10/17/97 APPLICATION FOR PUBLIC nEARING FOR PH) REZONF~S/gS F E B 2 3 1999 PAGE 12 OF 16 STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST 1. NAME OF APPLICANT: Section Thirty Corporation. LLC 2. MAILING ADDRESS: c/o 600 Fifth Avenue South, Suite 207 CITY Naples STATE Florida ZIP 34102 3. ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): 4. LEGAL DESCRIPTION: Section: 30 Township: 48 South Range: 26 East Lot: Block: Subdivision: Plat Book Page #: Property. I.D.#: See Attachment Metes & Bounds Description: A parcel of land lying in the northeast quarter of Section 30, Township 48 South. Range 26 East, Collier County, Florida, and more particularly described as follows: The West Half of the Southeast Quarter of the Northwest Quarter of Section 30~ and. The East Half of the Southwest Quarter of the Northwest Quarter of Section 30; and. The South half of the South Half of the Northwest Quarter of the Southwest Quarter of the Northwest Quarter of Section 30; and, The Northwest Quarter of the Southwest Quarter of the Southwest Quarter of the Northwest Quarter of Section 30; and, The North Half of the Northeast Quarter of the Southwest Quarter of the Southwest Quarter of the Northwest Quarter of Section 30. Said parcel containing 46.73 acres, more or less, subject to easements, restrictions. and reservations of record. APPLICATION FOR PU!ILIC HEARING FOR PI. rD REZONE-5198 999 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 [] (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) [] 7. TOTAL POPULATION TO BE SERVED: 785 8. PEAK AND AVERAGE DAILY DEMANDS: WATER-PEAK 362,970 gpd AVERAGE DAILY 145,188 gpd SEWER-PEAK 428.227 gpd AVERAGE DAILY 113,796 gpd 9. IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: No sooner than the second quarter of 2000. 10. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of effluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. APPLICATION FOR PUBLIC HEARING FOR Pt~D REZO,W~-5~gS ' ~o~L~ PAGE 14 OF 16 F E B 2 3 1999 11. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system. written notarized statement shah be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of all construction of these facilities in accordance with all applicable County ordinances in effect at the time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. 12. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for the pre-application meeting, if the project is to receive sewer or potable water services from any prorider other than the County, a statement from that prorider indicating that there is adequate capacity to serve the project shah be provided. Utility Provision Statement RJM 10/17/97 .APPLICATION FOR PtrBLIC HEARING FOR PUD REZONE-5/98 PUD REZONE APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKETS REQUIREMENTS #oF NOT COPIES REQUIRED REQUIRED 1. Completed Application 15 X 2. Copy of Deed(s) and list identifying Owner(s) and all 1 X Partners if a Corporation 3. Completed Owner/A~ent Affidavit. Notarized 1 X :4. Pre-application notes/minutes 15 X 5. Conceptual Site Plans 15 X 6. Environmental Impact Statement-(EIS) 15 X 7. Aerial Photograph-(with habitat areas identified) 15 X t. Completed Utility Provisions Statement (with required 15 X attachments and sketches 9. Traffic Impact Statement-(TIS) 15 X 10. Historical &Archaeological Survey or Waiver 15 X 11. Copies of State and/or Federal Permits 4 X 12. Architectural Rendering of Proposed Structure(s) 4 X 13. Application Fee, Check shall be made payable to - Collier County Board of Commissioners X 14. Other Requirements - As the authorized agent/applicant for this petition, I attest that all the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result ~"""'~/'>Ager~t/App~cZmt Signature ~ ' ;/Date APPLICATION FOR PUBLIC HEARING FOR PLrD REZONE-5/98 F E B 2 3 1999 PAGE 15 OF 16 AFFIDAVIT We/I, Rachel Dalton, attthorized signatory of C.C.S. Corporate Services Limited, Manager of Section Thirty Corporation L.L.C., bentg first duly sworn, depose cold say that Section Thirty Corporation L.L.C. is the owner of the property described herein cttut which is the subject matter of the proposed hearing attd does state 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 hottest and true to the best of our knowledge and belief. We/I understand that the information requested on this application must be complete atut accurate attd that the content of this form, whether computer generated or Cotlnty printed shall not be altered Public hearings will not be advertised until this application is deemed complete, and all required i.formatton has been submitted As property owner We 1.flirther attthorize Dwight Nadeau. Planning Director of McAnly Engineering and Design, Inc. to act as re)your representative m arty matters regarding this Petitio.. Section Thirty Corporation L.L. C., a Nevis Limited Liability Company, Property Owner By C C.S. Corporate Services Limited Its Manager Rachel Dalton, Authorized Signatory TO ALL WttOM these presents shall come {gil~t t-- ~, ~A/ x ~ tVl O~'q t~ C of 87 Parliament Street, Ramsey, Isle of Man, British Isles NOTARY PUBLIC of the Isle of Man duly_ admitted attd sworn DO HEREBY CERTIFY the genuDteness of the signature of i~'t4Ct:4 t2L. .B~qLT~tX/ at the foot of the document hereto atmexed, such signature having been this day subscribed in my presence. IN F)IITH AND TESTIMONY whereof I the sam Notary have subscribed my name and set attd affixed my Seal aforesaid this Z2[~7 'cvl '~~Tf~C''C~i~I(''~ ~,f ~r~e at Ramsey day PAUL U,.~',"'.D ~'.~!~7:i~!7., LL.;.'; .e ~ · .... .......::. :. ...... APPLICATION FOR PUBLIC HEARING FOR PUD REZONE-5/98 PAglEB6 1~1'3161999 ATTACHMENT TO SECTION 2B ,._ "DISCLOSURE OF INTEREST INFORMATION" Section Thirty Corporation L.L.C. (Section Thirty) is a Limited Liability Company organized on 11 December, 1995 under the Nevis Limited Liability Company Ordinance 1995 (a Nevis LLC). Nevis is a Caribbean island and part of the independent country of St Christopher (St. Kitts) and Nevis. A Nevis LLC has no partners or stockholders but rather is owned by "Members" who can manage their own affairs directly, can appoint a subgroup of Members to manage the affairs of the LLC or at a meeting of all the Members, a Manager can be appointed to act for the LLC in whatever capacity so designated. Section Thirty has apponted a Manager to act for it in all matters and as shown elsewhere in this filing, that Manager is C.C.S. Corporate Services Limited (CCS). Thus Section Thirty has no officers or directors. The sole Member and thus the sole 100% beneficial owner of Section Thirty is Caledonian Investments Corporation L.L.C., a Nevis Limited Liability Company (Caledonian) with offices at Bourne Concourse, Ramsey, Isle of Man. Like Section Thirty, Caledonian is managed by CCS and has no officers or directors. The sole Member and thus the sole 100% beneficial owner of Caledonian is Roderick A. MacLeod (MacLeod), a citizen of St Kitts, residing at 39 Horizons, Frigate Bay, St Kitts and Batlaugh, Isle of Man, British Isles. This makes MacLeod the effective sole beneficial 100% owner of Section Thirty with the effective power to direct all the affairs of Section Thirty if he should choose to do so. AGEN No.~ F E B 2 3 1999 PROPERTY ID NUMBERS NW ¼ OF NW ~A OF SW ¼ OF SW ¼ OF NW ¼: PID ~ 00198840004 W ½ OF SE ¼ OF SW ¼ OF NW ¼: PID ~ 00197400005 E ½ OF SE ¼ OF SW ~A OF NW ¼: PID # 00197440007 W U! OF SE ¼ OF N\V ¼: PID ~ 00197640001 N V: OF Nti¼ OF SW 'A OF SW ¼0F NW 'A: PID # 00198360005 NE ¼ OF SW 'A OF NW ¼: PID # 00197360006 E ½0F NW ¼ OF SW ¼ OF SW ¼0F NW ¼: PID # 00198720001 SW ¼ OF NW ¼ OF SW V4 OF SW ¼ OF NW ¼: PID # 00198800002 S ½ OF SW ¼ OF NW ¼ OF SW ¼ OF NW ¼: PID 00199040007 S ½ OF SE ¼ OF NW ¼ OF SW ¼ OF NW ¼: PID # 001990080009 BASIS FOR APPROVAL The subject rezoning property encompasses approximately 46.73 acres of land, and is located in the north half of Section 30. Township 48 South. Range 26 East. The Livingston Lakes PUD shah be a multi-family residential development centered around a water management lake system. The amenities proposed to be provided in the project include structures and areas to provide social and recreational space, lakes. natural and landscaped open spaces. and a variety of passive and active recreational opportunities. The proposed PUD property is located less than one mile from the intersection of Immokalee Road and Interstate 75, a designated Interchange Activity Center (Activity Center where higher intensity uses are directed in the Future Land Use Element of the Collier County Comprehensive Plan. The proposed residential density of Livingston Lakes being 6.99 dwelling units per acre is comparable and compatible with surrounding approved land uses. For example. the Donovan Center PUD. which is adjacent to the east of the subject property is approved for a residential density of 7.59 dwelling units per. acre, and also permits up to 250,000 square feet of interchange commercial uses, including a hotel at 26 units per acre. The Stiles PUD, adjacent to the north of the Livingston Lakes property is an approved interchange commercial project on 18.13 acres which also permits hotel land uses at 26 units per acre. The Eboli PUD, adjacent to the northwest of the subject rezoning property is approved for 80 residential dwelling units on 8.79 acres, thus yielding a density of 9.1 units per acre. Further, the April Circle PUD, located just north of the subject property, is improved with 120 multi-family units on 9.35 acres. resulting in a density of 12.83 units per acre. Finally, St. Croix Apartments, which is to the west of the subject rezoning property, is a pan of the Pelican Marsh PUD/DRI, was recently administratively approved for 320 units on 18.30 acres which when constructed, will yield 17.48 residential units per acre. The proposed project site is presently undeveloped. but has been historically timbered and utiliT. ed for cattle grazing. Portions of the property have been subjected to wildfire, and the majority of the property's jurisdictional wetlands have been extensively infested with the exotic species Melaleuca. The property is generally without topographic relief, with elevations ranging from 8.2' to 10.8' above mean sea level. The site contains extensive areas of jurisdictional wetlands and are characterized as transitional wetlands in which the predominant vegetation is Melaleuca, with a mix of pine and cypress and associated upland and wetland plants. The water management system consists of approximatelyl0.3 acres of upland and wetland preserve and 12.6 +_ acres of open space which will receive runoff from the buildings and parking areas. Runoff is collected by catch basin and culvert systems for conveyance to the lakes. The lakes are interconnected by culverts and/or the preserve areas. The project is designed with zero discharge. 1999 : 2RDZXANCE N3. z 4 AN ORDINANCE AMENDING ORDINANCE XUM~ER 9l-lS2 THE 5 COLLIER COUNTY LAND DEVELOPMENT CODE WHICH 6 iNCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR 7 THE UNINCORPORATED AREA OF COLLIER CSUNTY, FLORIDA S BY kMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 9 9630N; BY CHANGING THE ZONING CLASSiFiCATiON OF !o THE HEREiN DESCRIBED REAL PROPERTY FROM "A" RURAL i1 AGRICULTURE TO "PUD" PLANNED UNiT DEVELOPMENT 12 KNOWN AS LIVINGSTON LAKES FOR A MAXIMUM OF 327 13 MULTI-FAMILY DWELLING UNITS, LOCATED ON THE 14 PROPOSED LIVINGSTON ROAD BETWEEN VANDERBILT BEACH 15 ROAD AND IMMOKALEE ROAD (C.R. ~46) iN SECTION 30, ~6 TOWNSHIP 48 SOUTH, RANGE 26 EAST, TOLLIER COUNTY, ~7 FLORIDA, CONSISTING OF 46.73+ ACRES; AND BY _ 18 PROVIDING AN EFFECTIVE DATE. 19 20 WHEREAS, Dwight Nadeau of McAnly Engineering & Design, inc., 2~ representing Section Thirty Corporation, L.L.C., petitioned the 22 ~oarC cf County Commissioners uc chance une zcn!n~ classification ' 23 Cf the herezn described real property; 24 NOW, THEREFORE BE IT ORDAINED by the Board of County 25 Commisszcners of Collier County, Florida: 26 SECTION ONE: 27 The zoning classification of Zhe herein described real 2s property located in Section 30, Township 48 South, Range 26 East, 29 Collier County, Florida, is changed from "A" Rural Agriculture to 30 "PUD" Planned Unit Development in accordance with the Livingston 31 Lakes PUD Document, attached hereto as Exhibiz "A" and 32 inccrzsraieG by reference nerein. ?he Offic~ai Zoning Atlas Map 33 ],]umber e630N, as described in Ordinance Number 9!-102, the 34 Collier County Land Development Code, is hereby amended 35 accor~ingiy. 36 SECTION TWO: 37 This Ordinance shall become effective upon filing with the 38 Department of State. 39 40 41 42 F E B 2 3 1999 1 ?--- 2 FASSED AND iULY ADOPTED by nhe Boarc of Caunzy Commissioners 2 ~f Collier County, Tier!ha, this day cf , ~ 1999. 5 6 BOARD OF COUNTY COMMISSIONERS 7 COLLIER COUNTY, FLORIDA 9 10 ATTEST: 11 BY: 12 Chairman 13 DWIGHT E. BROCK, Clerk 14 15 16 17 Apprcved as to Form 18 and Legal Sufficiency 19 20 21 22 Mar~orle M. StuGen~ 23 Assistant County AZZorney 24 25 g/PUD-98-18 ORDIN~CE/ 26 27 ~ F E B 2 3 1999 t -2- LIVINGSTON LAKES A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING LIVINGSTON LAKES, A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: SECTION TI-tlRTY CORPORATION L.L.C. c/o 600 FIFTH AVENUE SOUTH, SUITE 207 NAPLES, FLORIDA 34102 PREPARED BY: McANLY ENGINEERING AND DESIGN, INC. 5101 EAST TAM/AMI TRAIL, STE. 202 NAPLES, FLORIDA 34113 DATE REVIEWED BY CCPC 2/4/99 DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL 1999 ' TABLE OF CONTENTS List of Exhibits and Tables i Statement of Compliance ii Section I Legal Description, Property Ownership and General Description I-1 Section II Project Development II-1 Section III Residential Developmere Standards III-1 Section IV Preserve Area IV-1 Section V Developmere Commitments V-1 FEB g 3 1999 LIST OF EXHIBITS AND TABLES EXHIBIT A PUD MASTER PLAN 1999 STATEMENT OF COMPLIANCE The development of approximately 46.73 acres of property in Collier County as a Planned Unit Development to be known as Livingston Lakes will be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan. The residential and recreational facilities of Livingston Lakes PUD are consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives of each of the elements of the Growth Management Plan for the following reasons: '1. The subject property for development is within the Urban Mixed Use District/Urban Residential Subdistrict as identified on the Future Land Use Map as provided for in Objective I of the Future Land Use Element (FLUE), and the uses contemplated are consistent therewith. 2. The project is a proposed to be a multi-family residential development located less than one mile from, a designated interchange Activity Center (Activity Center # 4). The Density Rating System of the FLUE provides for a 3 dwelling unit per gross acre density bonus when a proposed project is within one mile of an Activity Center. This density bonus of 3 dwelling units per gross acre added to the base density of 4 dwelling units per gross acre provides for a gross project density of 7 dwelling units per acre. The proposed density of Livingston Lakes PUD is 6.99 units per gross acre, wkich is less than what is provided for by the FLUE Density Rating System, and is therefore consistent with the Future Land Use I~ Element, Policy 5.1. of the Collier County Growth Management Plan. 3. The development will be compatible with and complementary to existing and planned surrounding land uses. 4. The development of Livingston Lakes PUD 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. 5. Livingston Lakes PUD is consistent with and furthers Policy 5.5 of the Future Land Use Element in that it is using existing land zoned for urban uses. 6. Livingston Lakes PUD implements Policy 5.6 of the Future Land Use Element in that more than 60% of the project will be open space or reserved for conservation purposes. 7. The Master Development Plan, with its extensive natural area, lakes and open space areas, and with its moderate residential density, will insure that the developed project will be an attractive and enjoyable multi-family residential development. 1999 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 Livingston Lakes PUD. 1.2 LEGAL DESCRIPTION A parcel of land lying in the northeast quarter of Section 30, Township 48 South, Range 26 East, Collier County, Florida, and more particularly described as follows: The West Half of the Southeast Quarter of the Northwest Quarter of Section 30; and, The East Half of the Southwest Quarter of the Northwest Quarter of Section 30; and, The South half of the South Half of the Northwest quarter o f the Southwest Quarter of the Northwest Quarter of Section 30; and, The Northwest Quarter of the Southwest Quarter of the Southwest Quarter of the Northwest Quarter of Section 30; and, The North Half of the Northeast Quarter of the Southwest Quarter of the Southwest Quarter of the Northwest Quarter of Section 30. Said parcel containing 46.73 acres, more or less, subject to easements, restrictions, and reservations of record. 1.3 PROPERTY OWNERSHIP The subject property is owned by Section Thirty Corporation L.L.C., a Nevis Corporation. 1.4 PHYSICAL DESCRIPTION The development property ks located in the north half of Section 30, Township 48 South, Range 26 East. The proposed project site is presently undeveloped, but has been historically timbered and utilized for cattle grazing. Portions of the property have been subjected to wildfire, and the majority of the property's jurisdictional wetlands have been extensively infested with the exotic species Melaleuca. The property is generally without topographic relief, with elevations ranging from 8.2' to 10.8' above mean sea level. The site contains extensive areas of jurisdictional wetlands which are characterized as transitional wetlands in which the predominant vegetation is Melaleuca, with a mix of pine and cypress and associated upland and wetland plants. The water management system consists of approximatelyl0.3 acres of upland and wetland preserve and 12.6:1: acres of open space which will receive runoff from the buildings and parking areas. Runoff ks collected by catch basins and culvert systems for conveyance to the lakes. The lakes are interconnected by culverts and/or the preserve areas. The project is designed with zero discharge. i-1 FEB 2 3 1999 1.5 PROJECT DESCRIPTION The Livingston Lakes PUD shall be a multi-family residential development centered around a water management lake system. The amenities proposed to be provided in the project include structures and areas to provide social and recreational space, lakes, natural and landscaped open spaces, and a variety of passive and active recreational opportunities. Access to the property will be ~'om the proposed Livingston Road. The segment of Livingston Road between Vanderbilt Beach Road and Immokalee Road is planned to be improved with a four lane divided roadway programmed to be completed in 2003 (Capital Road Project #57). The timing of the completion of that segment of Livingston Road will coincide with the anticipated completion of the required permitting processes necessary for Livingston Lakes PUD to commence construction. Should however, the developer accelerate the permitting of the project, or programming for construction of that segment of Livingston Road be postponed, the developer reserves the right to construct a northerly 1800-2000 foot length of two-lane roadway, consistent with the County's design criteria for such a collector roadway, including road, water, sewer and drainage facilities. Should this option actually be pursued, the developer will pursue impact fee credits as provided for in Collier County Ordinances 92-22, and 98-69. Each residential unit will be served with centrally provided potable water, sanitary sewer, electric power~ and telephone. Additional services will be provided as deemed appropriate. The controlled perimeter of the water management system will be maintained at an elevation of 13.40' NGVD to detain all surface runoff on-site. This is based on the 25-year, 3-day flood elevation with zero discharge of 13.36' NGVD. The 100-year, 3-day storm elevation was determined to be 13.68' NGVD with zero discharge. All habitable dweRing structures will have proposed finished floor elevations at or above 13.70' NGVD. 1.6 SHORT TITLE This Ordinance shall be known and cited as the "Livingston Lakes Planned Unit Development Ordinance". ~-2 FEB g 3 1999 SECTION H PROJECT DEVELOPMENT REQUIREMENTS ~.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 Livingston Lakes PUD development, as well as other project relationships. GENERAL A. Regulations for development of Livingston Lakes PUD shall be in accordance with the contents of this document, PUD-Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of building permit application. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the County Land Development Code shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application. C. All conditions imposed and all graphic material presented depicting restrictions for the development of Livingston Lakes PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. D. Unless modified, waived or excepted by this PUD, the provisions of other sections of the Land Development Code, where applicable, remain in full force and effect with respect to the development of the land which comprises this PUD. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15, Adequate Public Facilities, of the County Land Development Code, at the earliest or next to occur of either Final Site Development Plan, Final Plat approval, or building permit issuance applicable to this development. 2.3 DESCRIPTION OF PROJECT PLAN AND LAND USE TRACTS A. The project Master Plan, including layout of streets and use of land is iljustrated graphically by Exhibit "A", PUD Master Plan. TABLE I PROJECT LAND USE TRACTS TYPE UNITS/SQ. FT. ACREAGE+ TRACT "R" RESIDENTIAL 327 36.4 TRACT "P" PRESERVE 0 ~ o ~ FEB 2 3 1999 B. Areas iljustrated as lakes by Exhibit "A" shah be constructed as lakes or, upon approval, parts thereof may be constructed as shallow, intermittent 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 to all tracts, lakes or other boundaries may be permitted at the time of Final Plat or Site Development Plan approval, subject to the provisions of Sections 3.2.6.3.5. and 2.7.3.5. respectively, of the Collier County Land Development Code, or as otherwise permitted by this PUD document. C. In addition to the various areas and specific items shown on Exhibit "A', such easements as necessary (utility, private, semi-private) shah be established within or along the various tracts as may be necessary. 2.4 MAXIMUM PROJECT DENSITY A maximum of 327 residential dwelling units may be constructed in the total project area. The gross project area is approximately 46.73 acres. The gross project density, therefore, will be a maximum of 6.99 dwelling units per acre. 2.5 PROJECT PLAN APPROVAL REQUIREMENTS Given that Livingston Lakes PUD is proposed to be developed with multi-family dwelling structures, subdivision is not anticipated, nor required based on the present development intent. Should the development intent change such that subdivision procedures are required pursuant to the Collier County Land Development Code (LDC), the provisions of Division 3.2. of the LDC shall apply. A. Prior to Final Local Development Order issuance for all or pan of the PUD, final plans of all required improvements shall receive approval of the appropriate Collie County governmental agency to insure compliance with the PUD Master Plan and the Collier County Land Development Code. B. Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan. Any division of property and the development of the land shah 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 hand 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 infrastructural improvements regarding any dedications and methods for providing perpetual maintenance of common facilities. 2.6 LAKE SETBACK AND EXCAVATIONS The lake setback requirements described in Section 3.5.7.1 of the Land Development Code may be reduced with the administrative approval of the Collier County Community Development and Environmental Services Admims'trator, or his designee. Lakes may be excavated to the maximum commercial excavation depths set forth in Section 3.5.7.3.1. of the Land Development Code, however, removal of fall fi'om Livingston Lakes PUD shall be limited to an amount up to ten percent (10%) (to a maximum 20,000 total volume excavated unless a commercial excavation permit is receiv n-2 , F E B 2 3 1999 2.7 USE OF DRIVEWAYS All internal vehicular accessways as shown on Exhibit "A", PUD Master Plan, shall be considered driveways, and shall be private. 2.8 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Changes and amendments may be made to this PUD Ordinance or PUD Master Development Plan, Exhibit "A", as provided for in Section 2.7.3.5. of the Collier County Land Development Code. Minor changes and refinements as described in Section 7.3.C. of this PUD document may be made in connection with any type of development or permit application required by the Collier County Land Development Code. 2.9 DEDICATION AND MAINTENANCE OF COMMON AREAS & FACILITIES Easements shall be provided for water management areas, rights-of-way, utilities and other purposes as required. All necessary easements, dedications, or other instruments shah be granted to insure the continued operation and maintenance of all service utilities in compliance with applicable regulations in effect at the time of adoption of this Ordinance establishing Livingston Lakes PUD. Whenever the developer elects to create land area and/or recreation amenities whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of residential units or real property within Livingston Lakes PUD, the developer shah provide appropriate legal instruments for the establishment of a Property Owners' Association, or Master Condomim'um Association, whose function shall include provision for the perpetual care and maintenance of all common facilities and open space, subject further to the provisions of Section 2.2.20.3.8. of the Collier County Land Development Code. 2.10 MODEL AND SALES FACILITIES Models, sales/rental centers and other uses and structures related to the promotion and sale and/or rental of real estate such as, but not limited to, pavilions, viewing platforms, gazebos, parking areas, and signs, shah be permitted principal uses throughout the Livingston Lakes PUD subject to the requirements of Division 2.4, Division 2.5, and Section 2.6.33.4. of the Collier County Land Development Code. 2.11 FILL STORAGE Fill storage is generally permitted as a principal use throughout the Livingston Lakes PUD. Fill material generated may be stockpiled within areas designated for residential development. Prior to stockpiling 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 (35) feet C Fill storage areas shall be screened with a security fence at least six (6) feet in height above ground level If fill is spread to a height less than four feet over residential development areas which are depicted on an approved Site Development Plan, n9 fencing is required. n-3 r E B 2 3 1999 D. Soil erosion control shah be provided in accordance with Division 3.7 of the Land Development Code, and stockpiling retained for periods greater than 90 days be seeded with grass. If fill is spread to a height less than four feet over residential development areas which are depicted on an approved Site Development Plan, erosion control is required, but no seeding with grass is required. E. Fill storage shall not be permitted in Preserve Areas. 2.12 REQUIRED ENVIRONMENTAL PERMITTING Where the development of land within Livingston Lakes PUD requires a permit from a local, State, or Fede,~al agency with jurisdiction over the property proposed for development, the developer shall obtain such permits prior to final development order approval. 2.13 NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to Policy 6.4.6 of the Conservation and Coastal Management Element of the Collier County Growth Management Plan, a minimum of 10.3 acres (25% of the viable, naturally functioning native vegetation on site) is required to be retained. 2.14 LINKAGE TO COLLIER COUNTY LAND DEVELOPMENT CODE Pursuant to Subsection 2.7.3.3. of the Land Development Code, upon adoption of the PUD Ordinance and attendant PUD Master Plan, the provisions of the PUD document become a part of the Land Development Code, and shah be the standards of development for the PUD. Thenceforth, development in the area delineated as the PUD District on the Official Zoning Atlas will be governed by the adopted development regulations and PUD Master Plan. F F B 2 3 1999 SECTION II1 RESIDENTIAL DEVELOPMENT ' 3.1 PURPOSE The purpose of this Section is to identify specific development standards for areas designated as Tract "R" on the PUD Master Plan, Exhibit "A". 3.2 MAXIMUM DWELLING UNITS The maximum number of residential dwelling units allowed within the PUD shall be established at the time of development plan review, but shall not exceed 327 dwelling units. 3.3 USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1) Multi-familydwellings. 2) Model units (See Section 2.10 of this PUD Document). B. Accessory Uses: 1 ) Customary accessory uses and structures including but not limited to private garages, tennis facilities, and swimming pools with or without screened enclosures. 2) Structures which house social, recreational, project marketing, administrative, or security facilities. 3) Small docks, piers or other such facilities constructed for purposes of lake recreation, for residents of the project. 4) Utility facilities .and/or easements (including fights-of-way easements). 5) Signage (see Section 5.11 of this document). 6) Water management facilities/lakes. 7) Project sales/rental and administrative offices, which may occur in a residential or recreational building and/or in a temporary building until such time as permanent structures are available. in-1 FEB 2 3 1999 3.4 DEVELOPMENT STANDARDS A. GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be in relation to the PUD property boundaries, individual parcel boundary lines, or between structures. Condominiurn/homeowners' association boundaries shall not be utilized for determining development standards. B. MINIMUM LOT AREA: One acre. C. AVERAGE LOT WIDTH: 150 feet. D. MINIMUM YARDS (Principal Structures): Front Yard: 35 feet. Side Yard: 15 feet. Rear Yard: 30 feet. Minimum Distance Between Structures: 15 feet, or one-half of the sum of the heights of adjacent buildings, measured from exterior walls, wkichever is greater. E. MINIMUM YARDS (A~cessory Structures): Front Yard: Same as principal structure. Side Yard: Same as principal structure. Rear Yard: Detached: 20 feet. Attached: 10 feet, or where adjacent to a lake, 0 feet from the lake control elevation. Minimum Distance Between Structures: 10 feet. Parking garages and\or carports must maintain a minimum distance of 10 feet fi'om principal structures, when not attached to the principal structure. F. MINIMUM FLOOR AREA: 750 square feet. G. OFF-STREET PARKING AND LOADING REQUIREMENTS As required by Division 2.3 of the Collier County Land Development Code in effect at the time of building permit application. H. MAXIMUM HEIGHT: 3 habitable stories above the minimum flood elevation. 1) Accessory Structures: 35 feet, or 2 stories, whichever is greater, above the minimum flood elevation, except for attached screen enclosures, which may be the height of the principal structure. 3.4 BUFFER DEVELOPMENT REGULATIONS A. Buffer Types: I Land use buffers shall be easements,-generaLly located along the projeet's perimeter, intended to protect residential land uses from possible impacts from adjacent off-site roadways and/or off-site land uses. Land use buffers may also be utilized within the project boundaries, at the discretion of the developer. Land use buffers may be landscape buffers and, or earthen berms and/or fences/walls. F E B 2 8 1999 2) Landscape buffer; existing native plant types may be utilized and/or; 3) Earthen berms and/or; 4) Fences/walls: 8 foot maximum height. B. Buffer Development Standards: In addition to the development standards set forth below, the provisions of Section 5.11 of this document shall also apply. 1) Land use buffers, berms, fences and walls may be constructed along the perimeter of the Livingston Lakes PUD boundary prior to Subdivision Platting (ff required), and Site Development Plan submittal. All such areas must be included in a landscape or buffer easement. 2) All other project property boundaries shall have land use buffer width in compliance with Division 2.4 from Collier County's Land Development Code. 3) Except as provided for above, and in Section 5.11 of this document, buffer improvements shah be in conformance with Division 2.4 tiom Collier County's Land Development Code. 4) Types and numbers of planrings for project perimeter land use buffers shall be submitted with Site Development Plan application(s). Plans shall depict how the perimeter land use buffers will be irrigated. FEB 2, 3 1999 SECTION IV PRESERVE AREA 4.1 PURPOSE The purpose of this Section is to set forth the development plan for areas designated as Tract "P", Preserve Area on Exhibit "A', PUD Master Plan. The primary function and purpose of this Tract is to preserve and protect vegetation and naturally functioning habitats, such as wetlands, in their natural state. 4.2 USES PERMITTED No building or structure or par~ thereof, shall be erected altered or used, or land used, in whole or in part, for other than the following, subject to regional, State and Federal permits, when requh'ed: A. Principal Uses: 1 ) Open spaces/Nature preserves. 2) Water management facilities. 3) Mitigation areas. 4) Hiking trails, boardwalks, shelters, or other such facilities constructed for the purposes of passage through or enjoyment of the site's natural attributes, subject to appropriate approval by permitting agencies. FEB 2 3 1999 SECTION V DEVELOPMENT COMMITMENTS 5.1 PURPOSE The purpose of this Section .is to set forth the development commitments for the development of the project. 5.2 GENERAL All facilities shah be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans (if required), 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 of Division 3.2 shah 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 Development Plan and the regulations of the PUD as adopted, and any other conditions or modifications as may be greed to in the rezoning of the property. In addition, any successor or assignee in title to the developer is bound by any commitments within this agreement. These commitments may be assigned or delegated to a condominium/homeowners' association to be created by the Developer. Upon assignment or delegation, the Developer shah be released from responsibility for the commitments. 5.3 PUD MASTER DEVELOPMENT PLAN A. Exhibit "A", PUD Master Plan iljustrates the proposed development and is conceptual in nature. Proposed tract, parcel, or land use boundaries, or special land use boundaries shall not be construed to be final, and may be varied at any time at any subsequent approvhl phase such as final platting or site development plan application. Subject to the provisions of Section 2.7.3.5 of the Land Development Code, amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all services and all common areas in the project. C. The Community Development and Environmental Services Administrator, or his designee, shall be authorized to approve minor changes and refinements to the Livingston Lakes PUD Master Plan upon written request of the developer. 1 ) The following limitations shall apply to such requests: a. The minor change or refinement shah be consistent with the Collier County Growth Management Plan and the Livingston Lakes PUD document. b. The minor change or refinement shall not constitute a substantial change pursuant to Subsection 2.7.3.5.1. of the Collier County Land Development Code. V-I VFUB ~ 3 c. The minor change or refinement shall be compatible with adjacent land uses, and shah not create detrimental impacts to abutting land uses, water management facilities, and Preserve Areas within, or external to the PUD boundaries. 2) The following shall be considered minor changes or refinements, subject to the limitations of Subsection 7.3.C. I ) of this document: a. Reconfiguration of Preserve Areas, jurisdictional wetland limits, and mitigation features as a result of regulatory agency review and permitting. There may be no overall decrease in Preserve Area. b. Reconfiguration of lakes or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County. c. Internal realignment of driveways. d. Reconfiguration of residential parcels when there is no proposed encroachment into Preserve Areas. 3) Minor changes and refinements, as described above, shah be reviewed by appropriate County staff to ensure compliance with all applicable County Ordinances and regulations prior to the Administrator's consideration for approval. 4) Approval by the Administrator of a minor change or refinement may occur independently fi'om and prior to any application for Subdivision (if required), or Site Development Plan approval, however, the Administrator, or his designee's approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining all applicable County permits and approvals. 5.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION A. This PUD is subject to the Sunset Provisions of Section 2.7.3.4 of the Land Development Code. B. An annual PUD monitoring report shah be submitted pursuant to Section 2.7.3.6 of the Land Development Code. 5.5 TRANSPORTATION The development of this PUD Master Development Plan shall be subject to and governed by the following conditions: A. A gatehouse/limited access facility shall be permitted within the project's main entrance areas, but shall not be located so as to impede traffic flow on Livingston Road, nor shall such facilities be located within the Livingston Road Right-Of-Way. ~ B. All access points shall be consistent with the Collier County Access Management Policy, Resolution 92-422. F r' R 2 3 1999 V-2 C. Under the future four-lane condition, the developer shall be responsible for providing any required or necessary turn-lanes during the construction phase of the development. All costs of providing the turn lane under the four-lane condition shall be the sole responsibility of the developer. D. Presently, the segment of Livingston Road between Vanderbilt Beach Road and Immokalee Road (C.R. 846), does not exist at the time of this PUD rezoning, but is programmed to be constructed as a four-lane arterial roadway in the year 2002, with completion in 20031. The present programmed improvement of that segment of Livingston Road is within the time-frame necessary to obtain all required permits to construct the proposed development. However, should the programming of the construction of that segment of Livingston Road be delayed, or the developer is able to accelerate the permitting process, the developer reserves the right to construct 1800-2000 feet of the northbound two-lane roadway from Immokalee Road south to the project entrance. Such roadway would be designed and constructed in accordance with County standards and approved by the Public Works Engineering Department for paving, potable water conveyance, sanitary sewer conveyance, and drainage, and would be dedicated to Collier County. For the developer's improvement of that segment of Livingston Road, the developer may be entitled to impact fee credits as provided for in Collier County Ordinances 92-22, and 98-69. E. The applicant shall be responsible for the installation of arterial level lighting at all project entrances prior to issuance of the first "permanent" Certificate of Occupancy. F. Project entrances shall be designed to preclude the backing-up of entering vehicles onto Livingston Road. If access is to be controlled by means of a gatehouse or card-controlled gate, the gate or gatehouse shall be designed, located and operated so not to permit such vehicular backup. The minimum throat length for vehicle stacking shall be 100 feet. 5.6 WATER MANAGEMENT The development of this PUD Master Development Plan shall be subject to and governed by the following conditions: A. Detailed paving, grading and site drainage plans shall be submitted to Engineering Review Services for review and approval. No construction permits shall be issued unless and until approval of the proposed construction, in accordance with the approved plans, is granted by Engineering Review Services. B. An excavation permit will be required for the proposed lakes in accordance with the Collier County Land pevelopment Code and South Florida Water Management District Rules. 5.7 UTILITIES The development of this PUD Master Development Plan shall be subject to and governed by the following conditions: A. Water distribution and 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. 97-17, as mended, and other applicable County rules and regulations. 'C.,ego, , RoadP,oj 57. FEB 8 1999 B. All customers connecting to the water distribution and sewage collection facilities will be considered to be customers of the County, and will be billed by the County in accordance with the County's established rates. 5.8 ENVIRONMENTAL The development of this PUD Master Development Plan shah be subject to and governed by the following conditions: A. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules, and be subject to review and approval by Current Planning Environmental Review Staff. Removal of exotic vegetation alone shall not be the sole component of mitigation for impacts to Collier County jurisdictional wetlands. B. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans, and shall be recorded on the plat with protective covenants per, or similar to, Section 704.06, Florida Statutes. C. Buffers shall be provided around wetlands, where possible, extending at least ~t~een (15) feet landward from the edge of the wetland preserves in all places, and average twenty-five (25) feet from the landward edge ofwetlands. Where natural buffers are not provided, structural buffers shall be provided in accordance with the State of Florida Environmental Resource Permit Rules, and be subject to review and approval by Current Planning Environmental Review Staff. ~--- D. The petitioner shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USF&WS) and the Florida Game and Fresh Water Fish Commission (FGFWFC) regarding potential impacts to "listed species". Where protected species are observed on site, a Habitat Management Plan for those protected species shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/construction plan approval. E. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas, shall be submiRed to Current Platruing Environmental Review Staff for review and approval prior to Final Site Plan/Construction Plan approval. A commitment to scheduling of initial exotic removal within all the preservation areas shall be a pan of this plan. F. The PUD shall be consistent with the environmental sections of the Collier County Growth Management Plan, Conservation and Coastal Management Element and the Collier County Land Development Code in effect at the time of final development order approval. G. The PUD shall be consistent with the Environmental sections of the Collier County Growth Management Plan Conservation and Coastal Management Elemem, and the Collier County Land Development Code at the time of final development order approval. H. At the time of the next development order submittal, the petitioner shall provide copies of their SFWMD, ERP applications and proposed mitigation for loss of wetlands on site. I. The impacts to the SFWIvlD delineated wetlands on site shall be mitigated at a ratio no les t , l:l acre for acre>. / V-4 2 3 999 J. The EIS shall be re-written and submitted for review and approval, within 90 days of the BCC approval, so that a complete and accurate EIS is on file with Collier County Community D~velopment and Environmental Services. A new red- cockaded woodpecker survey shall be conducted in accordance with the FGFWFC and USFWS guidelines, and submitted for review and approval, as an amendment to the EIS. Technical assistance shall be requested from these agencies during the review process. No further Collier County final development orders shah be approved until a complete and sufficient EIS is reviewed and approved by County Environmental Staff. 5.9 ACCESSORY STRUCTURES Accessory structures may be constructed simultaneously with, or following the construction of the principal structure, except for a construction site office and model center. 5.10 SIGNS All signs shall be in accordance with Division 2.5 of Collier County's Land Development Code in effect at the time of Site Development Plan approval, with the following exceptions: A. Project Promotion Signs - Two temporary ground or wall signs may be located within the Livingston Road Right-Of-Way at its intersection with Immokalee Road (C.R. 846) for the purpose of promoting the development, subject to the following requirements: 1) Any promotional signs shall not exceed 64 square feet, excluding mounting surfaces or structures. 2) No promotional sign shall exceed a height of 8 feet above the lowest centerline of pavement in the Immokalee Road Right-Of-Way. 3) Promotional signs may be lighted, provided all lights are shielded in a manner which prevents direct glare on Immokalee Road or adjacent roadways, or into adjacent residences. 4) The two temporary ground or wall signs which are allowed within the Livingston Road Right-Of-Way at the intersection with Immokalee Road shall only be permitted in the event that the developer constructs the northerly 1800- 2000 lineal feet of Livingston Road, and there is no complete segment of Livingston Road between Vanderbllt Beach Road and Immokalee Road. These signs would permit exposure of the project on the dead-end Livingston Road segment. Said signage shah be located in an area of the Livingston Road Right- Of-Way so as to not create a traffic safety problem, and shall be located in areas that would not impair the construction of the balance of Livingston Road. Upon completion of the segment of Livingston Road to connect Vanderbllt Beach Road with Immokalee Road, said signage shall be permanently removed from the Livingston Road Right-Of-Way. 5) Any such signage shall be approved as to the location and size by the Collier County Transportation Services Department. All expenses related to the sLon~ shall be the responsibility of the Developer. FEB 2 '3 1999 5.11 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, betins, fences and walls are generafly permitted as a principal use throughout the Livingston Lakes PUD, except in Preserve Areas. The following standards shah apply: A. Landscape berms shall have the maximum side slopes: 1) Grassed berms 4:1 2) Ground covered berms 3: 1 3) Rip-Rapberms 1:1 4) Structural walled berms may be vertical B. Fence or wall maximum height: 9 feet, as measured fi'om 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 no greater than 18 inches above the crown elevation of the nearest existing road, unless the fence or wall is constructed on a perimeter landscape berm. In these cases, the fence or wall shall not exceed 6 feet in height fi'om the top of berm elevation with an average side slope of greater than 4:1 (i.e. 3: 1, 1: 1, or vertical). C. Pedestrian sidewalks, bike paths, water management facilities and structures may be allowed in landscape buffer areas, provided that the landscape buffer area is increased by an equivalent width. ~ 5.12 LANDSCAPING FOR OFF-STREET PARKING AREAS Except where provided for elsewhere in this document, all landscaping for off-street parking areas shall be in accordance with Division 2.4 of the Collier County Land Development Code in effect at the time of building permit application. 5.13 POLLING PLACES Pursuant to Section 2.6.30 of the Land Development Code, provision 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 Agreemere between the developer and the Supervisor of Elections for the provision of polling places shall be recorded in the official records of the Clerk of the Circuit Court of Collier County, which shall be binding upon any and all successors in interest that acquire ownership of such common areas including homeowners' associations. v-6 FEB a 1999 EXECUTIVE SUMMARY PETITION NO. R-98-8, JOHN P. ASHER, P.E., OF COASTAL ENGINEERING CONSULTANTS, INC., REPRESENTING GERTRUDE M. ABELE, REQUESTING A REZONE FROM "E" ESTATES TO "C-4" GENERAL COMMERCIAL, FOR PROPERTY LOCATED ON THE SOUTHWEST CORNER OF THE INTERSECTION OF DAVIS BOULEVARD (SR-84) AND SANTA BARBARA BOULEVARD EXTENSION, IN SECTION 8, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 19.68 +/- ACRES. OBJECTIVE: The petitioner is desirous of rezoning the subject site from "E" Estates "C-4" General Commercial, in order to develop a commercial shopping center in one (1) or more buildings and outparcels totaling approximately 162,500 square feet of floor area. Commercial retail types of land uses are not permitted within the current "E" Estates zoning district. One way to achieve this is to rezone the subject property to a district which will allow the intended land use. 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 use unless otherwise restricted by the rezoning action. The petitioner has voluntarily limited the uses within the C-4 zoning district to those uses permitted by right in the C-2 zoning district for the subject site's rear fifteen (15) acres and limited C-4 uses on the front five (5) acres as described below. It is staffs intention is to craft the rezoning development order to focus on the intended uses by the petitioner which will have the affect of limiting negative impacts associated with commercial land uses immediately abutting residential land use. CONSIDERATIONS: The site is located within the Urban Mixed Use Activity Center designated area on the Future Land Use Map, located at the intersection of S .R. 84 (Davis Boulevard) and Santa Barbara Boulevard. Staff is of the opinion that a rezoning of the subject property to a C-4 zoning district is compatible with its surrounding environs. The Davis Boulevard/Santa Barbara Boulevard intersection is either developed with similar type of commercial uses or zoned to allow commercial uses. Surrounding properties to the north and northeast, specifically the commercial portions of the Berkshire Lakes PUD, the Shoppes at Santa Barbara Center PUD, and Neapolitan Park PUD, have all be approved for commercial uses. Specifically, C-4 uses of a limited scope which are less intense and more "neighborhood friendly." The Shoppes at Santa Barbara Center PUD is an 18-acre PUD, approved for a total building square footage of 171,650 square feet. This site is currently undeveloped. Neapolitan Park PUD is a 20 acre site, 9.70 acres of which is approved for commercial uses for a maximum building area of35,115 square feet. The property to the east is vacant and zoned Agricultural. The property to the west is zoned [UD - ' ' ' ~_.M .,-. presently developed with 2-story multi-family structures. The northern 0 fe o 9A IT eastern boundary of this property is buffered from the subject site by a fi ~een~o°~'9' A' landscape buffer which parallels a five (5) foot wide perimeter landscap~ be ~hL9 3 minimum top elevation of 11.7 feet. The next 430 feet of buffer consists of a 2.5 acre wooded cypress preserve and two lakes. At the end of this preserve, the remaining 390 feet are buffered by the same fifteen (15) foot wide landscape buffer paralleling the five (5) foot wide berm. The structures in this area of development are designed in a horseshoe shape surrounding two lakes and the preserve area, with views directed to the northeast, east and southeast. According to approved site plans, approximately 32 feet separate the nearest structures from the western property boundary of the subject site, inclusive of the 15 (fifteen) foot wide landscape buffer and five (5) foot wide berm. Timing - There are no issues of timing inasmuch as the land is ripe for development as well as the entire surrounding environment, which is serviced with an optimum level of community infrastructure. PROS/CONS: Pros Rezoning of the site to for commercial uses is consistent with the locational criteria for commercial rezoning as described in the FLUE in that it is located within the legally effective boundaries of the Activity Center surrounding the Santa Barbara Boulevard and Davis Boulevard intersection. Rezoning to C-4 will maintain the mixed use character of the Activity Center as its present zoning and development patterns dictate. The petitioner's voluntary limitations on permitted uses, and the recommended additional landscape requirements will significantly buffer and mitigate the effects of commercial land uses adjacent to the multi-family residential land uses abutting the site to the west. The future extension of Santa Barbara Boulevard will crate a major intersection of an arterial and col l ector roadway at the noaheast comer of the subject site. Approximately 2,000 feet of the subject site will front on these roadways, providing superior access to the site for commercial uses. Cons Abutting the site to the west are existing, 2-story multi-family residential structures within 32 feet of the abutting site's eastern property boundary. Although the structures are buffered by a 12-foot high planted berrn and a 2 +/- acre lake and preserve area, the majority of the structures are oriented towards the noah and noaheast, towards the subject site. FISCAL IMPACT: At buildout, a residential or commercial project will generate the following amount of impact fees: AGENDA ITEM No. 12.1'~.2. FEB 2 3 Pg. Current Estates Zoning District Proposed Commercial (C-4) District 20 acres / 1 sf du ~ 2.25 acres = 9 sf du 20 acres developed with 162,500 sq ft 9 s.f. x $578.00 (parks) = $5,202.00 F.A./1,000 x $5,000 (road) = $812,500.00 9 s.f. x $180.52 (library) = $1,625.00 F.A. x 0.30 (fire) = $48,750.00 9 s.f. x .15 x 1000 sq ~ (fire) = $1,350.00 F.A. x 0.005 (radon gas) = $812.50 9 s.f. x $1,778 (schools) = $16,000.00 F.A. x 0.005 (bldg code) = $812.50 9 s.f. x $1,379 (roads) = $12,411.00 F.A./1,000 x $250.00 (EMS) = $40,625.00 9 s.f. x .005 x 1,000 (radon) = $45.00 9 s.f. x .005 x 1,000 (bldg code) = $45.00 9 s.f. x $.1.50 (microfilm) = $13.50 9 s.f. x 14.00 (EMS) = $126.00 Total 9 s.f. du generate = $36,817.50 Total 162,500 sq ft comm = $903,500.00 Development of the site for a commercial use, should the site be rezoned to commercial and developed with 162,500 square feet of commercial floor area, will generate approximately $866,682.50 more in impact fees than if the site was developed for single family residential use as presently zoned. 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, the total impact fees quoted are at best raw estimates. Additionally, it should be recognized that there is 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 valorem 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. AGENDA ITEM GROWTH MANAGEMENT IMPACT: No. 12' The approval of this rezoning request will not affect or change the requi~ ~men~sC6 t~e Growth Management Plan. Pg.. A review of consistency relationships with elements of the GMP is as follows: Future Land Use Element - The site is located within the Urban Mixed Use Activity Center designated area on the Future Land Use Map, located at the intersection of S.R. 84 (Davis Boulevard) and Santa Barbara Boulevard. A description of the meaning of the Urban Mixed Use Activity Center district in the FLUE advises that types of uses shall be related to commercial zoning in locations where traffic impacts can readily be accommodated, to avoid strip and disorganized patterns of commercial development and to create focal points within the community. It should be noted that this rezoning petition to C-4 is consistent with the currently adopted boundaries of the activity center surrounding this intersection. However, as part of the Evaluation and Appraisal Report (EAR) based amendments to the County' s Growth Management Plan, the boundaries of this activity center, upon adoption of a Settlement Agreement between the State's Department of Community Affairs (DCA) and Collier County, are proposed to change, excluding this site. The proposed amendment to the activity center boundaries for this intersection, as transmitted to the DCA, indicate that the proposed activity center boundary will abut the north side of Davis Boulevard just north of the subject site, and will follow the centerline of the future Santa Barbara Boulevard extension adjacent to the subject site to the east. Transportation Element -The ITE Trip Generation manual indicates that the proposed commercial facility will generate 6,975 trips per weekday (AADT) with 608 trip ends occurring during the p.m. peak hour. Based on this data, the site-generated traffic will exceed the significance test standard (5 percent of the LOS "C" design volume) on Santa Barbara Boulevard and SR-84 east of Santa Barbara Boulevard. The current traffic count for this road is 8,157 ADT which results in a LOS "B" operation. Santa Barbara Boulevard is operating at LOS "C". It should be noted that these road segments are not projected to be deficient within the next five years or the build-out of this project. Therefore, the project is consistent with Policies 1.3, 1.4, 5.1 and 5.2 of the Traffic Circulation Element. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's 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 February 5, 1999 meeting of the Collier County Planning Commission, the Commission voted unanimously to recommend approval of Petition R-98-8 to the Board of County Commissioners with the following stipulations: 1. The petitioner shall reserve the east 100 feet of the property for futt ' - - dedicated to the County upon their request in accordance with Secti ~n and any other applicable sections of the Land Development Code. rpon F t B 2 3 Pg. dedication of the right-of-way to Collier County, the petitioner may be eligible to receive impact fee credits. 2. Access to the proposed development shall be in accordance with the Policy for Access Management for Arterial and Collector Roadways in Collier County, Resolution No. 92-442, as it may be amended and per the Florida Department of Transportation requirements. 3. 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 any 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. 4. Development of the site shall incorporate a pedestrian interconnection between the subject site and the Falling Waters Development to the south, along the site's southern boundary. 5. The petitioner shall submit an Environmental Impact Statement simultaneously with the submittal of either a preliminary subdivision plat, minor subdivision or site development plan, whichever occurs first, as required by Section 3.8.3. of the Collier County Land Development Code. 6. An appropriate portion of native vegetation shall be retained on site as required in Section 3.9.5.5.4. of the Collier County Land Development Code. 7. An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site, with emphasis on areas of retained native vegetation, shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/construction plan approval. 8. The required landscape buffer adjacent to the western property boundary shall be a minimum of fifty (50) feet wide and shall incorporate existing native vegetation to the greatest extent possible. Where the landscape buffer abuts the adjacent property to the east, Tract "E", the Cypress Preserve area, the required landscape buffer may be reduced to thirty (30) feet. 9. The petitioner agrees to amend the list of permitted uses to the following permitted uses on the front five (5) acres, as measured from the western property boundary eastward for a distance of 664 feet, less and except the easterly 100 feet for the future extension of Santa Barbara Boulevard, to a depth of 395 feet as measured from the northern property boundary south, for a total area of five (5) acre s: .. AGENDA ITEM A. Unless otherwise provided for in this code, all permitted uses in t: e C-~,°. 1:2. I~- 7__ commercial intermediate district. B. Auto and Home Supply Stores (5531). FEB 2 3 Pg. C. Automobile service stations (no automotive repair). D. Building materials, hardware and garden supplies (groups 5231-5261). E. Business services (groups 7311-7352, 7359 except airplane, industrial track, 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). F. Commercial printing (2752, excluding newspapers). G. Communications (groups 4812-4841, no communication towers). H. Eating and drinking establishments (5812, 5813) excluding bottle clubs. All establishments engaged in the retail sale of alcoholic beverages for on-premise consumption are subject to the locational requirements of section 2.6.10. I. Engineering, accounting, research, management and related services (groups 8711-8748). J. 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.). K. Health services (groups 8051-8059, 8062-8069, 8071-8072 and 8092-8099). L. Hotels and motels (groups 7011, 7021, 7041 when located within an activity center). M. Miscellaneous repair services (groups 7622-7641, 7699 except agricultural equipment repair, awning repair, beer pump coil cleaning and repair, blacksmith ' shops, catchbasin, 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, tinsmithing, tractor repair). N. Miscellaneous retail (groups 5912-5963, 5992-5999). O. Motion picture theaters (7832). P. Public or private parks and playgrounds. Q. Personal services (groups 7215, 7217, 7219-7261 except crematories, 7291-7299). R. Real estate (group 6512). S. Social services (groups 8322-8399, except for homeless shelters and soup kitchens). T. Vocational schools (groups 8243-8299). U. 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 intent and purpose statement of the district. 10. The petitioner agrees to limit the remaining fifteen (15) +/- acres to those uses permitted by right in the Commercial convenience, C-2 zoning district, as amended, and to subject development on this portion of the property to the C-2 zoning dimensional standards. AGENDA ITEM FEB 2 3 Pg. 11. The petitioner agrees to limit the building height to a maximum of thirty. five (35) feet on the front five (5) acres as measured from the western property boundary eastward for a distance of 664 feet, less and except the easte~y 100 feet for the future extension of Santa Barbara Boulevard, to a depth of 395 feet as measured from the northern property boundary south, for a total area of five (5) acres. This petition was not scheduled on the summary agenda due to the appearance of public speakers who appeared at the Planning Commission speaking in opposition to the requested rezoning. PREPARED BY: DATE CHIEF PLANNER 0 ALb ~. ~B,'~CP DATE C~NT PLUG ~AGER ~O~~ ~' - RE, AICP DATE PLANNING SERVICES DEPARTMENT DIRECTOR APPROVED BY: V~AUTERO, AIC STRATOR DATE COMMUNITY DEV. AND ENVIRONMENTAL SVCS. F E B 2 3 1999 AGENDA ITEM 7-E MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION DATE: JANUARY 13, 1999 RE: PETITION NO: R-98-8, Abele APPLICANT/AGENT: Applicant: Gertrude M. Abele 14 Corporate Drive Clifton Park, NY 12065 Agent: John P. Asher, P.E. Coastal Engineering Consultants 3106 S. Horseshoe Drive Naples, FL 34104 REQUESTED ACTION: This petition seeks to rezone the subject property from "E" Estates "C-4" General Commercial, in order to develop a commercial shopping center in one (1) or more buildings totaling approximately 162,500 square feet of floor area. GEOGRAPHIC LOCATION: The subject site is located on the south side of S.R. 84 (Davis Boulevard), abutting the Falling Waters PUD to the west. The site is 19.68 acres in area and is located within Section 8, Township 50 South, Range 26 East, Collier County, Florida. PURPOSE/DESCRIPTION OF PROJECT: The petitioner is desirous of developing a commercial shopping center generally consisting of a retail anchor department store, a supermarket and 3-5 outparcels to house those land uses permitted by the C-4, General Commercial zoning district. Commercial land uses are not permitted within the current "E" Estates zoning district. One way to achieve this is to rezone the subject property to a district that will allow the intended land use. However, it should be noted that 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. 1999 SURROUNDING LAND USE AND ZONING: Existing: The subject site is currently vacant. It has 664 feet of frontage on S.R. 84 (Davis Boulevard) and 1,291 feet of depth for a total site area of 19.68 acres. Zoning Land Use Surrounding: North: Davis Boulevard R.O.W. South: PUD Falling Waters Boulevard as pan of the Falling Waters PUD East: Future Santa Barbara Boulevard Extension R.O.W. West: PUD Open space and Residential - Falling Waters GROWTH MANAGEMENT PLAN CONSISTENCY: The site is located within the Urban Mixed Use Activity Center designated area on the Future Land Use Map, located at the intersection of S.R. 84 (Davis Boulevard) and Santa Barbara Boulevard. A description of the meaning of the Urban Mixed Use Activity Center district in the FLUE advises that types of uses shall be related to commercial zoning in locations where traffic impacts can readily be accommodated, to avoid strip and disorganized pattems of commercial development and to create focal points within the community. It should be noted that this rezoning petition to C-4 is consistent with the cun'ently adopted boundaries of the activity center surrounding this intersection. However, as pan of the Evaluation and Appraisal Report (EAR) based amendments to the County's Growth Management Plan, the boundaries of this activity center, upon adoption of a Settlement Agreement between the State 's Department of Community Affairs (DCA) and Collier County, are proposed to change. The proposed amendment to the activity center boundaries for this intersection, as transmitted to the DCA, indicate that the proposed activity center boundary will abut the north side of Davis Boulevard just north of the subject site, and the east side of the future Santa Barbara Boulevard extension across from the subject site to the east (see attached map). With respect to the revised activity center boundaries transmitted to the DCA, staff recommends that should the CCPC forward this petition to the Board of County Commissioners with a recommendation for approval, that the CCPC also recommend to the BCC that the boarders of this activity center be re-reviewed as pan of the Board's adoption hearings on the settlement agreement between DCA and the County, and/or re- reviewed as pan of the remedial amendment process pursuant to any EAR-based Growth Management Plan amendments. The EAR-based amendments were transmitted to the DCA approximately one (1) year ago. The amendments were structured such that each element was set forth in a separate ordinance that could be approved independently by the DCA. Nevertheless, although the DCA offered no objections to the Future Land Use Element, they have held up their approval of this element pending resolution of various issues in the Conservation and Coastal Management Element. Staff has been attempting to resolve these outstanding issues over the past six (6) months, however, it is not likely that a resolution will occur until late April or May of 1999. Regardless, the subject petition is presently consistent with the locational criteria for commercial zoning as it is presently adopted on the Future Land Use Map to the Future T ~,,,~ .. Use Element of the County's Growth Management Plan. Regarding other applicable F E B g 3 1999 2 elements of the GMP. staff is of the opinion that a rezoning action from E 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 of historic/archaeological probability as designated on the official Collier County ProbabiliW Map. 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 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 has reviewed the subject petition 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 Division staff. 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 commumty'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 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 Bo ira County Commissioners. °' FEB 2 3 1999 3 Pn. 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 Development Code provides for a zoning district(s) within the Urban Mixed Use Activity Center land use designation which permits uses characterized as commercial, like retail shopping centers which are generally located within commercial nodes at intersections of major roadways. 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 FLUE. It is not sufficient that a petition only need to show consistency with the GMP 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. The Davis Boulevard/Santa Barbara Boulevard intersection is either developed with similar type of commercial uses, zoned to allow commercial uses, or eligible to be rezoned to allow commercial type of land uses. The subject site to the north, presently zoned PUD as pan of the Berkshire Lakes PUD, is within the currently approved activity center and the future activity center. A portion of this site is presently developed and used for a bank. The northeast comer of this intersection is zoned as the Shoppes at Santa Barbara Center PUD, then, further east, the Neapolitan Park PLrD. The Shoppes at Santa Barbara Center PUD is an 18-acre PUD, which was approved for commercial land uses similar to those permitted by fight in the C-4 zoning district. It was approved for a total building square footage of 171,650 square feet. This site is currently undeveloped. The Neapolitan Park PUD is a 20 acre site, 9.70 acres of which is approved for commercial uses for a maximum building area of 35,115 square feet. The property to the east is vacant, zoned Agricultural, is located within the current activity center boundaries, and will remain within the proposed activity center boundaries upon adoption of a settlement agreement. The property to the west is zoned PUD and is presently developed with 2-story multi-family structures. The northern 420 feet of the eastem boundary of this property is buffered from the subject site by a fifteen foot wide landscape buffer which parallels a five (5) foot wide perimeter landscape berm with a minimum top elevation of 11.7 feet. The following 430 feet of buffer consists of a 2.5 acre wooded cypress preserve and two lakes. At the end of this preserve, the remaining 390 feet are buffered by the same fifteen (15) foot wide landscape buffer paralleling the five (5) foot wide berm. The structures in this development are designed in a horseshoe shape surrounding two lakes and the preserve area, with view directed to the northeast, east and southeast. According to approved site plans, approximately 32 feet separate the nearest structures from the western property boundary of the subject site, inclusive of the 15 (fifteen) foot wide landscape buffer and five (5) foot wide berm. Timing - There are no issues of timing inasmuch as the land is ripe for development as well as the entire surrounding environment, which is serviced with an optimum level of community in~-astructure. ' FEB 2 8 1999 4 Traffic - The ITE Trip Generation manual indicates that the proposed commercial facility will generate 6,975 trips per weekday (AADT) with 608 trip ends occurring during the p.m. peak hour. Based on this data, the site-generated traffic will exceed the significance test standard (5 percent of the LOS "C" design volume) on Santa Barbara Boulevard and SR-84 east of Santa Barbara Boulevard. The current traffic count for this road is 8,157 ADT which results in a LOS "B" operation. Santa Barbara Boulevard is operating at LOS "C". It should be noted that these road segments are not projected to be deficient within the next five years or the build-out of this project. Therefore, the project is consistent with Policies 1.3, 1.4, 5.1 and 5.2 of the Traffic Circulation Element. STAFF RECOMMENDATION: Staff recommends that the CCPC forward this petition with a recommendation for approval, having the effect of rezoning certain lands from "E", Estates to "C-4" General Commercial as conditioned in the recommended Ordinance for Adoption and summarized below as follows. Also, staff recommends that the CCPC recommend to the BCC that the boarders of this activity center be re-reviewed as part of the Board's adoption hearings on the Settlement Agreement pursuant to the EAR-based amendments to the County's Growth Management Plan. 1. The petitioner shall reserve the east 100 feet of the property for future right-of-way for the extension of Santa Barbara Boulevard. The property shall be dedicated to the County upon .... their request in accordance with Section 2.7.2.8.1. and any other applicable sections of the Land Development Code. Upon dedication of the right-of-way to Collier County, the petitioner will be eligible to receive impact fee credits. 2. Access to the proposed development shall be in accordance with the Policy for Access Management for Arterial and Collector Roadways in Collier County, Resolution No. 92-442, and per the Florida Department of Transportation requirements. 3. 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 any 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. 4. Development of the site shall incorporate a vehicular interconnection between the subject site and Falling Waters Boulevard to the south. 5. The petitioner shall submit an Environmental Impact Statement simultaneously with the submittal of either a preliminary subdivision plat, minor subdivision or site development plan, whichever occurs first, as required by Section 3.8.3. of the Collier County Land Development Code. 6. An appropriate portion of native vegetation shall be retained on site as required in Section 3.9.5.5.4. of the Collier County Land Development Code. F E B 3 1999 7. An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site, with emphasis on areas of retained native vegetation, shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/construction plan approval. 8. The required landscape buffer adjacent to the western property boundary shall be a minimum of fifty (50) feet wide and shall incorporate existing native vegetation to the greatest extent possible. Where the landscape buffer abuts the adjacent property to the east, Tract "E", the Cypress Preserve area, the required landscape buffer may be reduced to thirty (30) feet. 1999 PREPARED BY: SUSAN MURRAY, AICP ,"1" DATE CHIEF PLANNER EWED BY: X DATE CURRENT PLANNING MANAGER 0BE/~Tj.~ /- / R HERE, AICP DATE PLANNING SERVICES DEPARTMENT DIRECTOR VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEV. AND ENVIRONMENTAL SVCS. Petition Number: R-98-8, Abele Staff Report for February 4, 1999 CCPC Meeting. NOTE: This Petition has been tentatively scheduled for the February 23, 1999 BCC Meeting. A~~~SG COMMISSION: MIC~5~L J. BRUET, CHAIRPERSON F E B 2 3 1999 REZONE FINDINGS FOR PETITION R-98-8 Section 2.7.2.5. of the Collier County Land Development Code requires that the report and recommendations of the Planrang 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. 2. The existing land use pattern. Pro/Con: Evaluation not applicable. Existing: The subject site is currently vacant. It has 664 feet of frontage on S.R. 84 (Davis Boulevard) and 1,291 feet of depth for a total site area of 19.68 acres. Zoning Land Use Surrounding: North: Davis Boulevard R.O.W. South: PUD Falling Waters Boulevard as part of the Falling Waters PUD East: A;E Future Santa Barbara Boulevard Extension R.O.W. West: PUD Open Space/multi-family residential - Falling Waters PUD Summary_ Findings: The proposed rezoning and subsequent use of the property for commercial development is compatible with the surrounding properties to the north, east and northwest, which are either developed with or eligible to be rezoned for commercial type of land uses. The proposed Santa Barbara Boulevard extension will create a significant intersection of an arterial road (Davis Boulevard) with a collector road (Santa Barbara Boulevard) making development of the subject site for residential land uses unlikely. 3. The possible creation of an isolated district unrelated to adjacent and nearb~ districts; N~~t~ Pro/Con: Evaluation not applicable. FEB 2 8 legJ 8 p~. /..~' _ Summan' 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 east are developed or zoned to allow similar commercial type of uses permitted in the C-4 zoning district. The property to the east, while currently zoned Agriculture, is eligible, due to its location within the Activity Center boundary, to be rezoned for commercial land uses. 4. Whether existing district boundaries are i!logica!ly drawn in relation to existing conditions on the property proposed for change. Pro/Con: Evaluation not applicable. Summa~ Findings: 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 purposes related to nearby commercial land uses and located within an activity center boundary which is consistent with the Mixed Use Activity Center land use designation. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro: The proposed zoning 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 remains consistent. Con: The Board of County Commissioner's has transmitted EAR-based amendments to the FLUE including the FLUM which when legally effective, upon adoption of a settlement agreement, will have the effect of altering the current adopted boundaries of the Activity Center Future Land Use designation at the intersection of SR-84 and Santa Barbara Boulevard. Should this petition be submitted after the effective date of those amendments, as they were transmitted, the subject site would no longer be consistent with the locational criteria for commercial land uses. However, this does not render the site undevelopable under its current zoning classification. Summary Findings: The proposed zoning 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 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. The F E B 2 1999 9 proposed change will have the affect of permitting a commercial land use on the property, similar to surrounding properties also located within the same Activity Center. 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 land uses, because of peak volumes or projected types of vehicular traffic, including activiry 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 original 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 efficiencies 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 adjacer ,t a~ %%~.-~ ' Pro/Con: Evaluation not applicable. FEB g 3 1999 10 Pc~. ~ Summary Findings: All projects in Collier County are subject to the development standards that are unique to the zoning district in which it is located. These development standards and others apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) 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 properl3' 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 extemal 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. 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 with appropriate landscape buffering. 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: FEB 2 3 1999 11 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 opportunity 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 within this activity center which have the potential to be zoned to accommodate the proposed development. This is not the determining factor when evaluating the appropriateness of a rezoning decision. The determinants of zoning is 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_ Findings: The site is currently undeveloped. The normal disruption of property attendant to the development phase is to be expected. To this extent the current 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. .__ .~oGE,~}~.~j~...~ Summary_ Findings: Public facilities are available, and their Level of Service is commensurate with Adequate Public Facilities standards. FEB 2 g 1999 12 ORDINANCE NO. 99- AN ORDINANCE AMENDING ORDINANCE 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 0608N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY LOCATED ON THE SOUTHWEST CORNER OF THE INTERSECTION OF DAVIS BOULEVARD (SR-84) AND SANTA BARBARA BOULEVARD EXTENSION IN SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, FROM ESTATES TO "C-4" COMMERCIAL; PROVIDING FOR STAFF AND PLANNING COMMISSION STIPULATIONS; AND BY PROVIDING AN EFFECTIVE DATE. ~FHEREAS, John P. Asher, P.E. of Coastal Engineering Consultants Inc representing Gertrude M Abele 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: 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 8, Township 50 South Range 26 East, Collier County, Florida is changed from "E' Estates to ~C-4" Commercial and the Official Zoning Atlas Map Number 0608N, as described in Ordinance 91-102, the Collier County Land Development Code is hereby amended accordingly, The heroin described real property is the same for which the rezone is hereby apprcved subject to the following conditions: 1. The petitioner shall reserve the east 100 feet of the property for future right-of-way for the extension of Santa Barbara Boulevard. The property shall be dedicated to the County upon their request in accordance with Section 2.7.2.8.1. and any other applicable sections of the Land Development Code. Upon.dedication of the right- of-way to Collier County, the petitioner will be eligible to receive impact fee credits. 2. Access to the proposed development shall be in acc >rdanN with the Policy for Access Management for Arterial and ........ ' ...... FEB-23 1899 .__ Collector Roadways in Collier County, Reso!uticn No. 92- 442, and per the F!orida Depar:ment of Transportation ............... requirements. 3. Pursuant tc Section 2.2,25.8,!. of the Land Development " Code, if, during the course of site clearing, excavation or other construction activity any historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall ' be i~nediately stopped and the Collier County Code ' _ ........... Enforcement Department contac~.ed. =<.=~..~>.=~/.-~___-.~7~;_~: 4. Development of the site shall inco~orate a vehicular ........ ~ ~ ~.~-_ .......... interconnection between the F~ject site and Falling Waters Boulevard no ~he south. ~'i~.~ .... ~ .... ~ 5. The petitioner shall submit an Environmental Impact Statement simultaneously with the submittal of either a ~ "~t~ preliminary subdivision p!a~, minor subdivision or site .............. · ' development plan, whichever occurs first, as retired by ......... _ __~ .~_ Section 3-8.3. of the Collier County Land Development Code. __ __.__,~ 6. ~ appropriate portion of native vegetation shall be retained on site as retired in Section 3.9.5.5.4. of the '- -' .... ' .... ~' Collier County Land Deveic~=.ent Code. _ =- ........ 7. ~ exotic vegetation removal, monitoring, and maintenance '==-' (exotic free) plan for the site, with emphasis on areas of ~ .... ~ ....... ;=-~"'- retained native vegetation, shall be submitted to Current -- = --.-- ....... ~7'-' Planning Environmental Staff for review and approval prior to final site plan/consnruczlcn plan approval. This Ordinance shall become effective upon filing with the <=- .... __~.~=~-~ Department of State. --- . -~ PASSED ~ D~Y ~OPTED by the Board of County ....... Commissioners of Collier County, Florida, this day of , 1999. ......... -~:- ~-~' BO~_~ OF CO~Y CO~ISSIONERS ._ COLLIER CO~TY, FLORIDA -=~.-,-~..:l:.-.'~== . ;:.=..:-u .- .... P~ S. ~C' KIE, C~IRWO~ ...... - ._.= ===.- ~.- ==-~=7~ DWIGHT E. BROCK, CLERK " "~ APPRO~D AS TO FO~ ~ LEG~ S~FICIENCY .... . ............ ~i~~. COASTAL ENGINEERING CONSULTANTS Envitonmentc~ ABELE PROPERTY REZONE DESCRIPTION BASED UPON WARRANTY DEED RECORDED IN O.R. BOOK 174, PAGES 729 AND 730 THE EAST ONE-HALF (E V2) OF THE NORTHEAST ONE-FOURTH (NE ~,4) OF THE NORTHEAST ONE-FOURTH (NE 'A) OF SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, CONTAINENG 19.68 ACRES, MORE OR LESS, COLLIER COUNTY, FLORIDA. SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. F E B 2 3 1999 3'106 S. HORSESHOE DRIVE · NAPLES, FLORIDA 34104 · (94'1) 643-2324 · FAX (g4'l) ~3-'1143 Petition No.: R 9 8 ' 0 8: Date Petition Received: Commission District: Planner Assigned: .'5:;' ABOVE TO BE COMPLETED BY STAFF 1. General Information: Name of Applicant(s) Gertrude M. Abele 14 Corporate Drive Applicant's Mailing Address City Clifton Park State New York Zip 12065 Applicant's Telephone # (518) 373-9613 Fax # (518) 373-9612 Name of Agent John P. Asher Firm Coastal Engineering Consultants, Inc. Agent's Mailing Address 3106 s. Horseshoe Drive City Naples State Florida Zip 34104 Agent's Telephone # (941) 643-2324 Fax # (941) 643-1143 COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE-NAPLES, FL 34104 s~.a~ PHONE (941) 403-2400/'FAX (941) 643-6968 APPLICATION FOR PUBLIC HEARING FOR STANDARD BEZONE- 5/98 F E 8 2 3 1999 PAGE 1 OF 1 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 Percenta · of Ownenhip Gertrude Abele, Wife ~0% John Abele, Husband, Deceased cfo Abele Builders, Inc. 14 Corporate Drive Clifton Park, N.Y. lzub~ A b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address, and Office Percentage of Stock c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Interest ,U',"-,C,,T.O. ,~Oa ,'USUC .'~ARXNC ,~O. STAN,,.,~ .EZON.- S,., F; ~ 2 3 1999 PAGE 2 OF 15 ,-,, ~ . 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 N/A e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Date of Contract: 9/18/98 Name and Address PercenmgeofOwnership Semper DeveloFment Ltd. 100% for a 5 acre portion of the 19 acre site. f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, pamership, or trust. Name and Address g. Date subject property, acquired [] leased [] 7/7/64 Term of lease . yrs./mos. If, Petitioner has option to buy, indicate date of option: N/A and date option terminates: or anticipated closing date F E B 2 3 1999 APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - S/98 PAGE 3 OF 1 Pa. _ ea~' - 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 heating, 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 survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description, If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section: 8 Township: 505 Range: 26E Lot: ' Block: ' Subdivision: ' Plat Book ' Page #: ' Property I.D.#: 00402520007 Metes & Bounds Description: see attached legal description. 4. Size of property: 664 ft.X 1291 ft. =TotalSq. Ft. 857,224 Acres 19.68 5. Address/general location of sub_iect property_: Southwest corner of the intersection of navis Boulevard and Santa Barbara Boulevard extension. 6. Adjacent zoning and !and use: Zoning Land use N R.O.W. Eev.is Boulevard (S.R. 84) S PUD/R.O.W. Falling Waters, _~esidential/Falling Waters Boulevard E Future R, O,W./A Future Santa Barbara Boulevard Extension W PUD Falling Waters/Residential N~o.~~ APPLICATION FOR PUBLIC HEARING FOR STANDARD RgZONE- S/98 F E B 2 3 1999 PAGE 4 OF 5 Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of .entire contiguous property. (If space is inadequate, attach on separate page). No Section: ' Township: ' Range: ' Lot: ' Block: ' Subdivision: Plat Book ' Page #: ' Property I.D.#: Metes & Bounds Description: N/A 7. Rezone Request: This application is requesting a rezone from the "E" Estates zoning district (s) to the C-40_~cercial zoning district(s). Present Use of the Property: Undeveloped Proposed Use (or range of uses) of the property: C-40:mvnercial 8. Evaluation Criteria: Pursuant to Section 2.7.2.5. of the Collier County Land Development Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the fezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. FEB 2 3 1999 APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 5/98 PAGE 5 OF 15 __- ~a. ~ ,,~_,__ ABELE PROPERTY REZONE - 19.68 ACRES Section 8, Township 50 South, Range 26 East Collier County, Florida Standard Re~one Considerations (LDC Section 2. 7.2.5.) 1. Whether the proposed change will be consistent with the goals, objectives and policies and future !and use map and the elements of the growth management plan. The proposed rezoning 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. The Urban Activity Center designation on the Future Land Use Map (FLUM), applicable to the property, anticipates a zoning action to a commercial zoning district. 2. The existing land use pattern. Existing: The subject site is vacant and has a "E", Estates zoning designation. Surrounding: The property to the North across Davis Boulevard is zoned PUD (Berkshire Lakes). It is subdivided and is currently developed with commercial uses in the activity center. The property to the South is zoned PUD (Falling Waters). It is subdivided and is currently developed primarily with multi-family dwelling units. An 84' private road right-of-way abuts the property and will facilitate future internal vehicle trips without utilizing Davis Boulevard or Santa Barbara Boulevard. The property to the East consists of the Future Santa Barbara Boulevard right-of-way. East of the future rigl~-of-way is an undeveloped, agriculturally zoned property which is currently within an activity center. The property to the West is zoned PUD (Falling Waters). It is subdivided and primarily developed with multi-family dwelling units. The property to the Northeast is zoned PUD (Shoppes at Santa Barbara) and proposes commercial development. F E B 2 3 1999 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The parcel is of a sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts. Development to the north and northeast is commercial development. Development of the land simply implements a part of the GMP FLUE Urban Activity Center Designation, an action which is expected given that timing is appropriate. Availability of adequate infrastructure and nearby urban development support the timing relationship and justify the rezoning action. 4. Whether 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 further defined by the developed areas surrounding the site which is commercial development. 5. Whether changed or changing conditions make the passage of the proposed amendment (rezone) necessary. The owner of the property has planned on developing this property as a commercial project when market timing was appropriate. The proposed zoning change is appropriately based on the existing conditions of the property and because it is consistent with the Future Land Use Element of the Growth Management Plan. Additionally, the owner is currently negotiating the sale of a portion of the property to be developed for commercial activities. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed zoning amendment will not adversely affect living conditions in the neighborhood because the current Collier County development standards and other conditions for approval have been developed and designed to ensure the least amount of adverse impact on adjacent 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. Development of the subject property is consistent with the provisions of the Traffic Element of the Growth Management Plan, therefore the additional traffic generated by the proposed development should not adversely affect the comfort and safety of exis~;~.D _ users on adjacent public roads. As urban intensification increases, there will be ome ~ 2 FEB 3 999 I ICECIENGIDA TA ~9846 7~Standard Rezone Consi, ,,rations. ~toc of comfort and ease of travel to motorists using the adjacent roadways. However, by law, this degree of discomfort is regulated by concurrency requirements. Evaluation of this project takes into account the requirement for consistency with Policy 5.1 and 5.2 of the Traffic Element of the GMP and is found to be consistent. 8. Whether the proposed change will create a drainage problem. Water management improvements to accommodate site development can and will be designed to accommodate the normal drainage requirements. 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 will be reviewed for drainage relationships and design and construction plans are required to meet County and State 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. All projects in Collier County are subject to the development standards that are unique to the zoning district in which it is located. These development standards and others apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. 10. Whether the proposed change will seriously affect property values in the adjacent area. This is a subjective determination based on 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 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 part for the subject property is similar to adjoining land. Adjacent properties are already zoned for optimum usage on the north, west and south sides, while the land use proposed for this property is similar to existing potential uses to the east and should have no effect on abutting property values. j:lD,4TAI98467~Standard Rezone Cons~d~ 'atio~ 2 3 1999 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Application of the development standards found in the Land Development Code combined with the administrative site development plan approval process, should give reasonable assurance that the proposed change in zoning will not deter the future improvement of development of adjacent property. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted witIt the public welfare. 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 will comply 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. The opportunity to rezone the property is provided by law and a residential development under the Estates zoning criteria is not practical or financially feasible based on the current economy and development patterns. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. 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. lrVhether it is impossible to ~nd other adequate sites in the county for the proposed use in districts already permitting such use. The applicant has owned the subject property since July 7, 1964, and planned to utilize the property as allowed by the County's Growth Management Plan and Land Development Code for commercial activities when market conditions supported commercial development. Market conditions now dictate that commercial development is appropriate for the property as evidenced by the current contract negotiations the property owner is having with a commercial development. ~lCEC~ENGlD, qTAI98467LStandard Rezone Co~ d ~i e a s. oc 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. The extent of site alteration will be determined as a function of obtaining Site Development Plan approval and other State and federal permits which may be necessary to execute specific provisions of the ultimate 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 [Code ch. 106, art. II], as amended. Sanitary sewer and potable water utility service is available to service the development. A review of other public facilities including drainage, parks, roads and solid waste for consistency evaluation with GMP required levels of service indicates that there is no anticipated deficiencies. 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. J.' ~DA TA 19846 7~Standard Rezone Coi ;ide~i~Ec[ls. ~,~c~ 1999 14.lt2hether 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 the range of potential uses under the proposed zoning classification. 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. 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. 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? No ~ubli<: Heaz~inq 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-applieation meeting. a. A copy of the pre-application meeting notes; b. If tbjs fezone is being requested for a specific use, provide fifteen (15) copies of a 24" x 36" conceptual site plan [and one reduced 8~" x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board CEAB), or CCPC]; APPLICATION FOR PUBLIC HEARING FOR STANDARD lIEZONE-5/98 F E B 2 3 1999 PAGE 7 OF · all existing and proposed structures and the dimensions thereof, · provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), · all existing and/or proposed parking and loading areas [include matfix indicating required and provided paricing 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 Scotion 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 the acreage (or square feet) of native vegetation on site, by area, and a calculation and location(s) of the required portion of native vegetation to be preserved (per LDC Section 3.9.5.5.4.). f. Statement of utility provisions (with all required attachments and sketches); cj. A Traffic Impact Statement (TIS), unless waived at the pre-application meeting; h. A historical and archeologieal survey or waiver application if property is located within an area of historical or archaeological probability (as identified at pre- application meeting); ~.. Any additional requirements as may be applicable to specific conditional uses and identified during the pre-applieation meeting, including but not limited to any required state or federal permits. COASTAL ENGINEERING CONSULTANTS Environmental BASED ~ON WA~N~ DEED ~CO~ED ~ O.~ BOOK 174, PAGES 729 ~ 730 T~ EAST O~-~F ~ ~) OF NOR~AST O~-FO~ ~ ~) OF SEC~ON 8, TO~S~ ~0 SO~ ~GE 26 EAST, CO~~G 1~.68 AC~S, MO~ OR LESS, COLLAR CO~Y, ~O~A. S~CT TO EASE~S, ~S~CTIONS ~ ~SERVATIONS OF ~CO~. FEB 2 3 1999 3106 S. HORSESHOE DRIVE · NAPLES, FLORIDA 34104 · (941) 643-2324 · FAX (941) 642.1 pROM: GOODLETTE, CIDI_EMI~N 941 488 1218 1999, ~2-~S tl: 12 ~14T P. ,~ GOODLETTE, COLEMAN &JOHNSON, EA. ATrOKNE¥S AT LAW' KEVIN G, CO t.~MAN NORTH1KI~ TIUST BANK BUILDING LINDA C. BRINIMAN J. DUDL~.'~' GOODIj'.T'rE 4~01 TA. MIAMI TRAIL NORTH, SUITE .30C SCOTT M, KETCHU~ ~o~au~cux,-~m.~tA~'tam.~rrD/~' NAPLES, FLORIDA 34103 KEV]:N' R_ LOTTF~ HOLLY A, HARMON (941) 435-3535 HAROLD J- WEBRE, III KENNETH K- JOI-LNrSON (941) 43S-1218 PACSIMI]..I:. RICHARD D. YOVANOVI'CH E-MAIL: gcj@i'p,invn'niLcom February 5, 1999 Susan Murray, AI(3P VIA FAX; Chief Planner (3oilier (3ounty Planning Services 2800 North Horseshoe Drive Naples, Florida 34105 RE: Petition #R-98-8, Abele Dear Ms. Murray: This letter will clarify our previous letter to you dated February 3, 1999 pertainin~i to the above referenced matter. As we discussed, our clients have decided to voluntarily limit the type of development which will ocmJr on their property. Accordingly, the owner has agreed to limit the above referenced fezone petition to: (a) allow for (3-4 Zoning uses on the front five acres of the ' property; anci (b) obtain a C-4 zoning designation on the rear '15 acres but to voluntarily limit its uses to those permitted in the C-2 zoning classification and to subject this portion of the property to the (3-2 development standards. In addition, the owner voluntarily will eliminate and/or limit the following permitted uses within the front five acre (C-4) parcel. (a) Eliminate uses in Section 2.2.15.2.1.2; (b) Eliminate uses in Section 2.2.15.2.'1.3; (c) Limit uses in Section 2.2.15-2.1.4 to allow only gasoline service stations with no automotive repairs; (d) Eliminate uses in Section 2.2.15-2.'1.5; (e) Eliminate uses in Section 2.2,'15.2.1.12; (f) Eliminate uses in Section 2.2. '15.2.1.16; (g) Uses in Section 2~2.15.2.1.9 will be allowed, however no communication towers will be allowed on the property. In adctition to eliminating or limiting the above described permitted uses, the owner will agree to a height limitation of 35 feet on the five acre portion of the property allowing the G-4 uses as limited above. FEB 2 3 1999 FROM :GOODLETTE~ COLEMRN 941 488 1218 1~99,02-08 11:18 Susan Murray Page Twe February 5, 1999 If you have any questions regarcting this matter, please feel free to contact me. Very truly yours, Richard D, Yovanovich md c Ed Abeie (via fax) John Asher (via fax) EXECUTIVE SUMMARY PETII'ION NO. PUD-82-16(1 ) KAREN BISHOP OF PMS, INC. OF NAPLES, REPRESENTING HENRY KREHLING, BY CHANGING THE ZONING CLASSIFICATION FROM PUD TO PUD PLANNED I31'4TF DEVELOPMENT FOR THE PURPOSES OF COMPLYING WITH SUNSETTING PROVISIONS OF THE LAND DEVELOPMENT CODE BY UPDATING THE PUD DOCUMENT AND MASTER PLAN TO CURRENT LAND DEVELOPMENT CODE REQUIREMENTS, ADDING COMMERCIAL AND LIGHT INDUSTRIAL USES TO THE LIST OF AUTHORIZED USES AND RECONFIGURING THE PUD MASTER PLAN, FOR PROPERTY GENERALLY LOCATED SOUTHEAST OF THE INTERSECTION OF U.S. 41 AND OLD U.S. 41, ½ MILE EAST OF U.S. 41 AT THE EASTERN TERMINUS OF WIGGINS PASS ROAD, IN SECTION 15, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: This petition purports to rezone the site from PUD to PUD, in effect bringing the presently approved document up to current Land Development Code (LDC) requirements and reducing the number of development tracts from three (3) to two (2). The size of the subject property is not planned to change. The Collier County Land Development Code, in Section 2.7.3.4. requires that the project developer submit an annual report on the progress of development, commencing on the fifth anniversary of the PUD approval by the Board of County Commissioners. For PUDs which were approved prior to the adoption date of the LDC, the Board directed that the five year approval period commence on October 30, 1991, the date of adoption of the LDC. The purpose of this report will be to evaluate whether or not the project has commenced in eamest in accordance with the criteria set forth in Section 2.7.3.4. of the LDC. CONSIDERATIONS: The original Krehling PUD was adopted in 1982 prior to the adoption date of the LDC. At original submittal of the required PUD monitoring report, the subject PUD was given a one (1) year extension to either comply substantially with the provisions of the sunsetting requirements in the LDC or to submit an amended PUD. Submittal of this PUD amendment gives staff the opportunity to review the proposed PUD for its consistency with the Growth Management Plan and Land Development Code. Subsequent approval of this petition will establish the project' s consistency with the existing Growth Management Plan and bring the presently approved PUD up to the current requirements of the Land Development Code. The site is located on the south side of Wiggins Pass Road at its eastern terminus. Access to the site is provided by two (2) driveways located offof Wiggins Pass Road. Wiggins Pass Road from U.S. 41 also provides access to the existing concrete plant to the west of the subject site, as well as residential development on properties zoned for Mobile Home (MH) and Travel Trailer Recreational Vehicle Campground (TTRVC), on the north and south sides of Wiggins Pass Road, east of U. S. 41. The subject site and the abutting industrial site are presently under common ownership. The westem portion of the site is currently used for outdoor storage of finished concrete products in association with the adjacent concrete plant on industrial zoned property to the west. The PUD Master Plan indicates a total of two (2) land use tracts. Similar to the previously approved PUD, the +/-11.96 acre Tract A is planned for future commercial and light industrial type of development. The +/- 3.3 acre Tract B is sh >wn o~.~'~ M Master Plan as a Cypress Preserve Area and stormwater retention area. The land u~ ,~ pe, g~.~t et~iie~gh s .._., PUD can generally be described as light industrial uses permitted in the Industrial '.oning d~sin t manufacturing and assembling, and industrial warehousing, wholesale, storage or istril~.'~:~g.,?~h~, Pg.. as part of the current business operations of Krehling Industries, Inc., some of the industrial facilities proposed for the subject site will also be used to develop concrete specialty products, stockpile and store finished concrete products. The PUD also allows commercial uses which will generally consist of warehousing, office (retail or professional), building supplies and enclosed storage. The proposed uses are similar in type and intensity to the uses approved in the original PUD. In general, this +/- 15 acre development proposal essentially retains the same type of land uses originally approved, to be developed in two (2) rather then three (3) development tracts. Traffic Circulation Element - The ITE Trip Generation Manual indicates that the proposed amendment will generate approximately 250 to 300 additional trips more than the amount ofttips that could be generated by the currently approved PUD. The additional trips probably result from a clarification of uses through the addition of Standard Industrial Code (SIC) references to the PUD document, as well as changes in the ITE Trip Generation Manual since the PUD was originally adopted. Nevertheless, the site generated traffic will not exceed this significant test standard (5 percent of the LOS "C" design volume) on U.S. 41 or on any County road. The total site generated trips is estimated to be 1,248 weekday trips at build out in 2002. The Traffic Circulation Elements lists U.S. 41 as a 4-1ane arterial road. The current traffic count for the segment from the Lee County line to Wiggins Pass Road is 24,364 AADT and is operating at LOS "A". It should be noted that this segment is not projected to be deficient at the buildout of this project in 2002. However, the segment of U.S. 41 from Wiggins Pass Road to Immokalee Road is currently deficient. Therefore, this road segment is required to be improved to 6-lanes for concurrency purposes. The 5-year work program indicates that this segment is scheduled to be improved by the year 2000. FISCAL IMPACT: At buildout, a commercial project will generate the following amount of impact fees: Current PUD Zoning District Proposed PUD Zoning District 15.26 acres-l.64 preserve = 13.62 15.26 acres- 3.33 acres preserve = 11.93 developable acres assuming 10,000 sf developable acres assuming 10,000 sf floor area per acre = 132,600 sf floor area per acre = 119,300 sf F.A./1,000 x $5,000 (road) = $663,000.00 F.A./1,000 x $5,000 (road) = $596,500.00 F.A. x 0.30 (fire) = $39,780.00 F.A. x 0.30 (fire) = $35,790.00 F.A. x 0.005 (radon gas) = $663.00 F.A. x 0.005 (radon gas) = $596.50 F.A. x 0.005 (bldg code) = $663.00 F.A. x 0.005 (bldg code) = $596.50 F.A./1,000 x $250.00 (EMS) = F.A./1,000 x $250.00 (EMS) = $29,825.00 $33,150.00 Total 132,600 sq ft comm = $737,256.00 Total 162,500 sq ft comm = $663,3t] t.00 A~ ;ENDA ITEM FEB 2 3 Development of the site for a commercial use, should the site be rezoned to commercial and developed with 119,300 square feet of commercial floor area, will generate approximately $73,948.00 less in impact fees than if the site was developed for commercial uses as presently zoned. This is due largely to the increase of 1.69 acres in preserve area, taking that land additional area out of eligibility for development and converting it to preservation. 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, the total impact fees quoted are at best raw estimates. Additionally, it should be recognized that there is 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 valorem 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. 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. 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: The subject site is designated Urban Residential on the Future Land Use Map of the Growth Management Plan. The proposed uses of land (industrial/commercial) are not consistent with the locational criteria for these uses provided for in the Future Land Use Element (FLUE). However, because an exemption was granted for this PUD through the Zoning Reevaluation Program (ZRO) the existit g PUi-A.~.e~lS~, ~e considered consistent with the FLUE via policy, specifically Policy 5.10 of the FI LIE. ~0.1_i_qg5 '.~!~'~- provides that exemptions based on vested rights or compatibility determinations tat are granted as provided for in the Collier County Zoning Re-evaluation ordinance shall be cons ~ 5 leredFe~i~t~t ~w~.~ the Future Land Use Element. In this regard, the subject petition is consistent with the Future Land Use ---- Element of the Growth Management Plan. However, the exemption granted for the subject PUD although it precluded Collier County from rezoning the property via the authorization provided by the Zoning Reevaluation Ordinance and FLUE Policy 3.1 (k), does not protect the property from a zoning change initiated by Collier County as may be authorized by other ordinance or statutory provisions, Section 2.1.16. of the LDC notwithstanding. Section 2.1.16 allows any use or structure that has been granted a compatibility exception, an exemption, or vested rights pursuant to the Collier County Zoning Reevaluation ordinance, to be a permitted use in the zoning district in which it is located to the extent of its approved maximum density or intensity of use and to the extent that is remains effective. In effect, the exemption granted under the ZRO does not protect the property's zoning under the LDC sunsetting provision. The subject petition is for a commercial and industrial mixed use land development for uses similar in intensity to what was originally approved'at the initial rezoning to PUD in 1982. This petition does nothing to impact the Growth Management Plan. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. PLANNING COMMISSION RECOMMENDATION: This petition was not eligible to be placed on the summary agenda due to the receipt of letters of opposition. The Collier County Planning Commission voted unanimously to recommend approval of PUD-82-16(1 ) with the following stipulations to which the petitioner agreed to on the record: 1. Prior to the issuance of any other development order, the developer shall complete an intersection analysis of the U.S. 41 and Wiggins Pass Road intersection. This intersection analysis shall be submitted to the State Department of Transportation for review, comment and approval. Any required improvements shall be the responsibility of the developer. The timing for any required improvement(s) shall be such that it is in place prior to the issuance of any certificate of occupancy for a structure in association with a use which triggers the required improvements. 2. The landscape buffering along the northern property boundary shall consist of a twenty (20) foot wide buffer area planted with trees spaced no more than 25 feet on center, and a hedge of at least 24 inches in height and attaining a minimum of three feet in height within one year shall be required. Should the property north of the site's northern property boundary be approved by the Board of County Commissioner's for any use other than for residential, this additional landscape buffer requirement shall no longer apply and landscaping shall be installed consistent with the requirements of the Land Development Code at the time of Site Development Plan approval. 3. Development within fifty (50) feet from the required setback of the northern property boundary of the site shall be limited to commercial type of land uses. Any type of outdoor stora; ~lla'l --c,~ bc .__, permitted within fifty (50) feet from the required setback of the northern prope~ bo~i~D,~ EM · association with a structure or use within fifty (50) feet from the required setba~ of '~ property boundary. Should the property north of the site's northem property bc lnda~Et~ a~p3ro~e.~by the Board of County Commissioner's for any use other than for residential, this setback and outdoor storage limitation as it applies to structures adjacent to the northern property boundary shall no longer apply. 4. The maximum height of structures located adjacent to the northern property boundary shall be limited to thirty-five (35) feet, a minimum of fifty (50) feet from the required setback from the northern property boundary. Should the property boundary noah of the site's northem property boundary be approved by the Board of County Commissioner' s for any use other than for residential, this height limitation as it applies to structures adjacent to the northern property boundary shall no longer apply. 5. The petitioner shall submit the required FLUCCS map for the Planning Services Environmental staffs review and approval. Should staff determine that the preserve area indicated on the PUD Master Plan to be insufficient, the PUD Master Plan shall be revised, three (3) weeks prior to the heating before the Board of County Commissioners, to accurately reflect the required preserve area as recommended and approved by Collier County Environmental staff. After the Planning Commission hearing, the petitioner provided the required FLUCCS map as noted above. The FLUCCS map was reviewed by the Planning Services Environmental staff. Upon review, the Environmental staff recommends approval of the PUD amendment with the following stipulations: 1. The PUD document shall be revised as follows: (a) Section V, 5.6. B, the following language shall be added: "An approved structural boundary shall be constructed along the entire western edge of the preserve, to provide the required buffer. The construction of this buffer shall be completed no later than 180 days from the approval of PUD amendment number PUD-82-16(1 )." (b) Section V, 5.6.D. shall be revised to read as follows: Replace "... approval prior to Final Site Plan/Construction Plan approval" with the following language: "within 90 days of approval of this PUD amendment." Also, add the following language to the end of the paragraph, "Initial exotic removal shall be completed no later than 180 days from the approval of PUD amendment number PUD-82-16(1)." (c) Replace Section V, 5.6.F., with the following language, "A conservation easement shall be placed over the jurisdictional wetland on site, providing protective covenants per Florida Statues 704.06, within 180 days of approval of this PUD amendment number PUD-82-16(1 ). (d) Revise Section 2.4 D. TRACT "B" - Cypress Preserve shall read +/- 3.33 acres. (e) Revise the PUD Master Plan to show the Tract B - Cypress Preserve to read +/-3.33 acres. Between the Planning Commission heating and the scheduled hearing before the Board, staff met with neighboring homeowner's associations concerning the proposed PUD amendment(s). Discussion at these meetings has centered around the existing Krehling Plant located on the Industrial zoned property west of the subject site, which is not under the consideration of this petition. The citizen's concerns are related to what they perceive as excessive noise associated with the operation of the plant. Since the PUD as originally approved in 1982, and as presented for amendment, will allow uses similar to the existing Krehling Plant, staff has since taken under consideration the need to provide a limi ation ~~~ [4fng hours of that type of business. The Land Development Code does not contain limit~ .tion~p. .~e.~4~e operation associated with uses in the Industrial zoning district and restricts noise le zels to si~'~c~i6' 1 readings. However, the PUD amendment process and PUD zoning process provide an FEB Pg-__,5_____.-~_-.. opportunity to impose conditions such as a limitation on the hours of operation. It is staffs opinion that the Board of County Commissioners should consider imposing a limitation on the hours of operation associated with some of the heavier types of industrial uses permitted by the PUD document and/or eliminating those uses from the PUD. Should the Board wish to consider either of those options, staff has the following recommendations: 1. The hours of operation associated with the following uses shall be limited to 6:30 a.m. to 7:00 p.m. Monday through Saturday; no work is permitted on Sundays and the following holidays: New Year's Day, Memorial Day, 4th of July, Labor Day, Thanksgiving Day, Christmas Day: A) Bulk storage, not including bulk storage of ~ammable liquids, and stockpiling, hard stand for stockpiling activities (Groups 1411, 1422, 1429, 1442, 1446, 3273). B) Concrete specialty products (Groups 1411, 1422-1446, 1771, 3273 ). C) Any other heavier industrial type of use that the Planning Services Director determines to be comparable in nature to the foregoing uses. And/or Eliminate the following Standard Industrial Classification (SIC) codes from the PUD document: Groups 1411, 1422, 1429, 1442-1446, 1711, 3273. PREPARED BY: SAN MURRAY, XICP / 7~'''' DATE 22~:IEF PLANNER RTO/~,IALI5 F. NINO, AICP, MANAGER DATE CURRENT PLANNING SECTION ROBEP(.T J. MULHERE, AICP, DIRECTOR DATE PLANNING SERVICES APPROVED BY: I VINCEi~T A. CAUTERO, AICP, ADMINISTRATOR DATE :~ ' COMMUNITY DEVELOPMENT & ENVIRONMENTAL SVCS. Petition Number: PUD-82-16(1) Krehling Industries PUD This petition has been tentatively scheduled for the January 29, 1999 Board of County Commissioners Public Hearing. F E B 2,3 1999 AGENDA ITEM 7-F MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION DATE: NOVEMBER 18, 1998 lIE: PETITION NO: PUD-82-16(1) KREHLING INDUSTRIES OWNER/AGENT: Agent: Karen Bishop PMS, Inc. of Naples 2335 Tamiami Trail North, Suite 408 Naples, FL 34103 Owner: Henry W. Krehling 1425 E. Wiggins Pass Road Naples, FL 34110 REQUESTED ACTION: The petitioner seeks to have land described herein rezoned from its current zoning designation of PUD to PUD pursuant to Section 2.7.3.4. of the Land Development Code, sunsetting provisions. GEOGRAPHIC LOCATION: The +/- 15.26 acre subject site is located in Section 15, Township 48 South, Range 25 East at the eastern terminus of Wiggins Pass Road. The square shaped parcel abuts Industrial zoned property to the west which is currently developed with the Krehling Concrete Plant. PURPOSE/DESCRIPTION OF PROJECT: The original Krehling PUD was adopted in 1982. This petition purports to rezone the site from PUD to PUD, in effect bringing the presently approved document up to current Land Development Code requirements and reducing the number of development tracts from three (3) to two (2). The size of the subject property is not planned to change. The Collier County Land Development Code, in Section 2.7.3.4. requires that the project developer submit an annual report On the progress of development, commencing on the fifth anniversary of the PUD approval by the Board of County Commissioners. For PUDs which were approved prior to the adoption date of the Land Development Code, the Board directed that the five year approval period commence on October 30, 1991, the date of adoption of the LDC. ,The purpose of this report will be to evaluate whether or not the project has commenced in ea mes~ ~7~ No. 1 F E B 2 3 1999 AGEN FEB 1999 accordance with the criteria set forth in Section 2.7.3.4. The above referenced PUD is a project which was approved prior to the adoption date of the LDC. At original submittal of the required report, the subject PUD was given a one (1) year extension to either comply substantially with the provisions of the sunsetting requirements in the LDC or to submit an amended PUD. Submittal of this PUD amendment gives staff the opportunity to review the proposed PUD for its consistency with the Growth Management Plan and Land Development Code. Subsequent approval of this petition will establish the project's consistency with the existing Growth Management Plan and bring the presently approved PUD up to the current requirements of the Land Development Code. Approximately seventy-five (75) percent of the subject site is cleared. The western portion of the site is currently used for outdoor storage of finished concrete products in association with the adjacent concrete plant on industrial zoned property to the west. The proposed development scheme as iljustrated by the PUD Master Plan indicates a total of two (2) land use tracts. Similar to the previously approved PUD, the +/-13.62 acre Tract A is planned for future commercial and light industrial type of development. The +/- 1.64 acre Tract B is shown on the PUD Master Plan as a Cypress Preserve Area and stormwater retention area. The site is located on the south side of Wiggins Pass Road at its eastern terminus. Access to the site is provided by two (2) driveways located off of Wiggins Pass Road. Wiggins Pass Road from U.S. 41 also provides access to the existing concrete plant to the west of the subject site, as well as residential development on properties zoned for Mobile Home (MH) and Travel Trailer Recreational Vehicle Campground (TTRVC), on the north and south sides of Wiggins Pass Road, just east of U.S. 41. The subject site and the abutting industrial site are presently under common ownership. There is an existing railroad spur which runs along the westem property boundary between the two properties. The land uses permitted by this PUD can generally be described as light industrial uses permitted in the Industrial zoning district like light manufacturing and assembling, and industrial warehousing, wholesale, storage o. distributing. As part of the current business operations of Krehling Industries, Inc., the light industrial facilities proposed for the subject site will also be used to support concrete specialty products, stockpile and storage of finished concrete products. Also, in association with the industrial uses, the permitted commercial uses will generally consist of warehousing, office (retail or professional), building supplies and enclosed storage. The proposed uses are similar in type and intensity to the uses approved in the original PUD. In general, this +/- 35 acre development proposal essentially retains the same type of land uses originally approved, to be developed in two (2) rather then three (3) development tracts. SURROUNDING LAND USE AND ZONING: Existing: The subject property is vacant and presently has a PUD zoning designation approved for commercial and light industrial type of land uses. Zoning Land Use Surrounding: North - Agriculture (A) Vacant South - Golf Course (GC) Golf Course East - Golf Course (GC) Golf Course / West- Industrial (I) Concrete Plan N~°G~ F E B g 8 1999 2 ----- GROWTH MANAGEMENT PLAN CONSISTENCY: The land which is the subject of this petition is designated Urban Residential on the Future Land Use Map of the Growth Management Plan. The proposed uses of land (industrial/commercial) are not consistent with the locational criteria for these uses provided for in the Future Land Use Element (FLUE). However, because an exemption was granted for this PUD through the Zoning Reevaluation Program (ZRO) the existing PUD zoning can be considered consistent with the FLUE via policy, specifically Policy 5.10 of the FLUE. Policy 5.10 provides that exemptions based on vested rights or compatibility determinations that are granted as provided for in the Collier County Zoning Re-evaluation ordinance shall be considered consistent with the Future Land Use Element. In this regard, the subject petition is consistent with the Future Land Use Element of the Growth Management Plan. However, the exemption granted for the subject PUD although it precluded Collier County from rezoning the property via the authorization provided by the Zoning Reevaluation Ordinance and FLUE Policy 3.1 (k), does not protect the property from a zoning change initiated by Collier County as may be authorized by other ordinance or statutory provisions, Section 2.1.16. of the LDC notwithstanding. Section 2.1.16 allows any use or structure that has been granted a compatibility exception, an exemption, or vested fights pursuant to the Collier County Zoning Reevaluation ordinance, to be a permitted use in the zoning district in which it is located to the extent of its approved maximum density or intensity of use and to the extent that is remains effective. In effect, the exemption granted under the ZRO does not protect the property' s zoning under the LDC sunsetting provision. The subject petition is for a commercial and industrial mixed use land development for uses similar in intensity to what was originally approved at the initial rezoning to PUD in 1982. There are no significant changes in permitted land uses from what was initially approved. Consistency with other applicable elements of the Growth Management Plan (GMP) is as follows: Traffic Circulation Element - The ITE Trip Generation Manual indicates that the proposed amendment will generate approximately 250 to 300 additional trips more than the amount of trips that could be generated by the currently approved PUD. Therefore, the site generated traffic will not exceed this significant test standard (5 percent of the LOS "C" design volume) on U.S. 41 or on any County road. The total site generated trips is estimated to be 1,248 weekday trips at build out in 2002. The Traffic Circulation Elements lists U.S. 41 as a 4-lane arterial road. The current traffic count for the segment from the Lee County line to Wiggins Pass Road is 24,364 AADT and is operating at LOS "A". It should be noted that this segment is not projected to be deficient at the buildout of this project in 2002. However, the segment ofU. S. 41 from Wiggins Pass Road to Immokalee Road is currently deficient. Therefore, this road segment is required to be improved to 6-lanes for concurrency purposes. The 5-year work program indicates that this segment is scheduled to be improved by the year 2000. Other Applicable Element (s) - Other applicable elements are those typically evaluated at the time of subsequent deve opment approvals, and generally deal with infi'astrucmre. To the extent that improvements to N~o~~ FEB 2 3 1999 3 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. 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. EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE: The subject petition has been reviewed by the appropriate staff responsible for the above referenced areas of critical concern. This primarily includes a review by the Community Development environmental and engineering staff, and the Transportation Services Division staff. Jurisdictional reviews have resulted in the formulation of development commitments necessary to ensure compliance with the development regulations of Collier County. These development commitments have all been included in the PUD document and/or have been reflected on the PUD Master Plan. 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, 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 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: F E B 2 3 1999 4 I~,,~ ~ Relationship to Future and Existin~ 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 subject property is located within the Urban Designated Mixed Use future land use classification as depicted on the Future Land Use Map of the Collier County Growth Management Plan. The site is located at the eastern terminus of Wiggins Pass Road, less than V2 mile east of the U.S. 41 - Wiggins Pass Road intersection. The PUD document indicates the proposed development plan for the site is a mixed use commercial/light industrial type of development on +/- 13.62 acres. Approximately 1.64 acres along the eastern property boundary is comprised of a Cypress Preserve tract. The western boundary of the site abuts a parcel of land zoned and developed for Industrial uses (concrete batch plant). The southern and eastern boundaries abut property zoned and developed with an existing golf course. The northem property boundary abuts the sixty (60) foot wide Wiggins Pass Road right-of-way, then, further north, properties zoned Agriculture (A). The proposed building setbacks required in the PUD, and the Wiggins Pass Road right-of-way minimizes the location of light industrial and commercial land uses adjacent to agriculturally zoned land uses to the north. The PUD Master Plan shows the proposed location of future commercial and industrial development encompassing the entire site with the exception of the 1.64 acres along the eastern boundary dedicated to the Cypress Preserve, as well as required landscape buffers, water management areas and internal right-of-way. The site abuts an existing golf course to the south and east as part of an existing residential development (Imperial Lakes PUD). Additionally, the eastern and southern boundaries are also heavily buffered with vegetative buffer. The property to the north is also heavily vegetated and is currently undeveloped. Although currently zoned Agricultural, it is not unlikely that future development of this property will include residential land uses. The existing developed Industrial property to the west creates truck traffic, noise and dust in association with its use. Future development of the subject site for a light industrial/commercial type of land use may have the affect of exacerbating truck traffic through the area however, more than likely not to the extent at to which it is associated with the existing concrete plant. Given the nature of the development on the adjacent property to the west, and the golf course zoned properties to the east and south, light industrial and commercial land uses could be viewed as having little impact on the existing development on these properties. It is likely that properties to the north, however, may be developed for future residential uses and should be sufficiently buffered. The project's proposed open space, ingress/egress, landscape buffers, and other applicable development standards comply with the requirements of the Collier County Land Development Code. With respect to compatibility issues, staff is of the opinion that the subject petition is consistent with the Collier County Growth Management Plan by policy. Traffic: The ITE Trip Generation Manual indicates that the proposed amendment will generate approximately 250 to 300 additional trips more than the amount of trips that could be generated by the currently approved PUD. Therefore, the site generated traffic will not exceed this significant test standard (; percent of the FEB 2 8 1999 LOS "C" design volume) on U.S. 41 or on any County road. The total site generated trips is estimated to be 1,248 weekday trips at build out in 2002. The Traffic Circulation Elements lists U.S. 41 as a 4-lane arterial road. The current traffic count for the segment from the Lee County line to Wiggins Pass Road is 24,364 AADT and is operating at LOS "A". It should be noted that this segment is not projected to be deficient at the buildout of this project in 2002. However, the segment of U.S. 41 from Wiggins Pass Road to Immokalee Road is currently deficient. Therefore, this road segment is required to be improved to 6-lanes for concurrency purposes. The 5-year work program indicates that this segment is scheduled to be improved by the year 2000. Although the submitted TIS indicates potential traffic impacts resulting from development of the subject site, it does not analyze the potential impacts on turning movements and traffic levels at the intersection ofU. S. 41 and Wiggins Pass Road. Prior to the issuance of additional development orders, a detailed intersection analysis should be provided in order to examine the potential impacts to this intersection. From a planning and traffic safety standpoint, due to the clear sight distance of the existing ingress and egress easement, the proposed access should operate adequately subject to any required engineering modifications and the Collier County Access Management Plan. The final geometry and design of the access will be reviewed at the time of Preliminary Site Development Plan (SDP) and/or Preliminary Subdivision Plat (PSP) review. The GMP consistency review indicates that approval of this petition is consistent with policies of the TCE. Utility In~'astructure: 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. Summary: Based on the above analysis, the following conclusions can be reached from the staff report: 1. The proposed rezoning of the subject property from the current zoning designation of PUD to PUD and the PUD development strategy for mixed use commercial and light industrial development is consistent with the FLUE of the GMP by policy. 2. The proposed light industrial and commercial uses are similar to those uses approved at the original adoption of the PUD and are not proposed to increase in intensity from what was originally approved. The proposed uses can be considered compatible with the Industrial zoning district to the west, and when properly buffered, the agricultural property to the north. Existing buffers in the form of a golf course and heavy vegetation sufficiently buffer the subject site from the land uses on the south and east sides. 3. Although the submitted TIS indicates potential traffic impacts resulting from developm..e~_t of the' subject site, it does not analyze the potential impacts on taming movements and traffic leve~~ 6 F E B g :t 1999 intersection of U.S. 41 and Wiggins Pass Road. Prior to the issuance of additional development orders, a detailed intersection analysis should be provided in order to examine the potential impacts to this intersection. STAFF RECOMMENDATION: Staff recommends that Collier County Planning Commission forward a recommendation for approval of Petition PUD-82-16( 1 ), Krehling PUD to the Board of County Commissioners, pursuant to the Ordinance of Adoption and Exhibits attached thereto with the following stipulations: 1. Prior to the issuance of any other development order, the developer shall complete an intersection analysis of the U.S. 41 and Wiggins Pass Road intersection. This intersection analysis shall be submitted to the State Department of Transportation for review, comment and approval. Any required improvements shall be the responsibility of the developer. The timing for any required improvement(s) shall be such that it is in place prior to the issuance to any certificate of occupancy for a structure in association with a use which triggers the required improvement(s). 2. The Landscape buffering along the northern property boundary shall be provided which is at least twenty (20) feet in width, trees spaced no more than 25 feet on center, and a hedge of at least 24 inches in height and attaining a minimum of three feet in height within one year shall be required. 3. Development adjacent to the northern boundary of the site shall be limited to the permitted commercial type of land uses. Any type of outdoor storage shall not be permitted adjacent to the northern property boundary or in association with a structure or use adjacent to the northern property boundary. 4. The maximum height of structures located adjacent the northern property shall be limited to thirty-five (35) feet. 1999 PREPARED BY: / DATE CHIEF PLANNER DATE CURRENT PLANNING MANAGER ,/ROBERT J. MULHERE, AICP DATE PLANNING SERVICES DEPARTMENT DIRECTOR A BY: VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SVCS. Petition Number: PUD-82-16( 1 ), Krehling PUD Staff Report for December 3, 1998 CCPC Meeting NOTE: This Petition has been tentatively advertised for the January 12, 1999 BCC meeting. COLLIER~~t~__~~~MMISSION: MICI-~L J. BRUET, CHAIRPERSON 1999 REZONE FINDINGS FOR PETITION PUD # 98-16 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 cdnsistent 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 by policy for Collier County, and all other elements, their objectives and policies. 2. The existing !and use pattern; Pro/Con: Evaluation not applicable. Summary Findings: Existing: The majority of the subject property is vacant and a portion of it is cleared. The western portion of the site is currently being used for outdoor storage of concrete products made in association with the concrete plant to the west. Zoning Land Use Surrounding: North - Agriculture (A) Vacant South - Golf Course (GC) Golf Course East - Golf Course (GC) Golf Course West- Industrial (I) Concrete Plant 1999 /d' 3. The possibiliW creating of an isolated district unrelated to adjacent and nearby districts; Pro/Con: Evaluation not applicable. Summary Findings: The site is adjacent to an existing golf course south and east, and vacant agricultural land to the north. Property adjacent to the site on the west, across Wiggins Pass Road, is undeveloped property zoned for Agricultural use. The availability of adequate infrastructure and the proximity to adjacent developments justify a rezoning action to PUD. 4. Whether existing district boundaries are illogically 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. T.he site is similar in area and shape to the Industrial zoned property to the west. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro/Con: Evaluation not applicable. Summary Findines: The proposed change is appropriately based on the existing conditions of the property and because it is consistent with the Future Land Use Element by policy of the Growth Management Plan. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro: (i) The zoning designation of the adjacent property to the west is Industrial and it is currently developed with a concrete plant. (ii) The subject site has been zoned for a mixed commercial and light industrial PUD since 1982. This rezoning does not propose to increase the intensity of those uses originally approved in 1982, nor does it propose to change the project's boundaries. (iii) Adjacent properties to the south and east have been developed with significant open space and buffer areas thus mitigating the impacts of any future development. Con: The conversion of raw land to urban development may be viewed by the neighboring property owner's to the west as an infringement on their existing quality of environment. However, by law, the County cannot deny a property owner reasonable use of his/her land, consistent with the Comprehensive Plan, without fair compensation. Summary_ Findings: The proposed zoning amendment will not adversely affect living conditions in the neighborhood because the recommended development standards and other conditions fo~ ~ been developed and designed to ensure the least amount of adverse impact on adjacent d~ ~velo~h't~} FEB 2 3 1999 10 po. project has been zoned for commercial and light industrial land uses since 1982. It appears that in response to the site's existing zoning, properties to the south and east have provided sufficient buffers between the site and nearby residential land uses. Those buffers have taken the form of significant open space in the form of a golf course, and heavy vegetative buffering adjacent to the subject site's south and east property boundaries. 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 traffic generated by the proposed development should not adversely affect the comfort and safety of existing users on adjacent public roads. Con: As urban intensification increases, there is some loss of comfort and ease of travel to motorists using the adjacent roadways. However, by law, this degree of discomfort is regulated by concurrency requirements. Development of the site may increase truck traffic to the area however, not unlike similar types of commercial and light industrial development but not to the extent that the neighboring concrete plant generates. 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. StafFs recommendations include the requirement for an intersection analysis to be performed prior to the approval of further development orders. Improvements required by that intersection analysis shall be the responsibility of the developer. 8. Whether the proposed change will create a drainage problem; Pro: Water management improvements to accommodate site development are designed to accommodate the normal drainage requirement. Con: Urban intensification always poses a threat for area-wide flooding under the most severe rainfall event, unless countywide drainage improvements are made commensurate with urban intensification. Summary Findinlls: 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. F E B 2 3 1999 11 9. Whether the proposed change will seriously reduce light and air to adjacent areas; Pro/Con: Evaluation not applicable. Summary FindinRs: 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 other 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 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 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. 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: Application of the development standards found in the Land Development Code combined with the administrative site development plan approval process, should give reasonable assurance that the proposed change in zoning will not deter the future improvement or development of adjacent property. Additional development standards as recommended by staff should help to alleviate to buffer agricultural areas to the north. 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. FEB g 3 1999 13. Whether there are substantial reasons why the property cannot be used in accordance with _-. existing zoning; Pro/Con: Evaluation not applicable. Summary Findines: The subject property's current PUD zoning designation allow uses of the same type and intensity as it presently permitted under the current zoning designation. Surrounding properties to the south and east of the site are already developed with uses deemed compatible to the requested zoning designation. Properties to the west are zoned to allow for more intense Industrial type of land uses. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Pro/Con: Evaluation not applicable. Summary Findines: 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_ Findin_~s: This petition will allow similar types of land uses which were originally approved in 1982. The result of this rezoning will not establish a zoning district different from what presently exists in terms of permitted uses. 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 extent of site alteration will be determined as a ~mction of obtaining Site Development Plan approval which will be necessary to execute the PUD's development strategy. The existing environmentally sensitive areas on site will be preserved. 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: Application not applicable. Summary Findings: 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. FINDINGS FOR PUD PUD-97-1 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 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 !and, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Pro: (i) The subject site is located adjaceni to an existing golf course on the south and east sides and heavy industrial uses on the west side. (ii) Intensifying land development pattems produces economies of scale relative to public utilities, facilities and services, which are currently available in this area. Con: (i) Nearby residential communities may perceive development of light industrial and commercial type of land uses in their area as contributing factors to inconveniencing movements to and from their place of residence although the current PUD zoning designation has been in place since 1982. 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 assurance that all infrastructure 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. 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.Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan. Pro/Con: Evaluation not applicable. / ctive AGEND , Finding: The subject petition has been found consistent with the goals, obje ~o. ~ and policies of the Growth Management Plan. The subject property is designated Urban Mixed-Use - Urban Residential on the FLUE to the GMP. As such it does not authorizes zoning actions aimed at allowing the land to be used for industrial and commercial purposes, however, the has been found consistent with the FLUE by policy. 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 (i.e., preserves, landscape buffers etc.). 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 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. Findine: Timing or sequence of development in light ofconcurrency 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. FEB 2 3 1999 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 from 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/Con: Evaluation not applicable. 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 particular housing structures and associated area requirements. F ,C B 2 3 1999 17 PET~TZON mY~B~ P U D 8 2 - l 6~1 DATE APPLiCATiON FOR Pb~LiC HEARING FOR PUD AMENDMENT/DO ~_MENDMENT ~i COM2~fUNITY DEVELOPMENT DIVISION PLANNING SERVICES 1. Name of Applicant(s) Henr~ W. Krehlin~, Krehlin~ Industries, Inc. App!icant's Mailing Address 1~25 E. Wiggins Pass City Naples State FL Zip D~llO App!icant's Telephone Number: Res.: N/A Bus.: 9~1-597-D162 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. x (b) If applicant is corporation other than a public corporation, so indicate and nane officers and major stockholders below. (c) If applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. (d) If applicant 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 o~er(s) name and address below. Henr~ W. Ereh!in~, President (onl~ stockholder) (If space is inadequate, attach on separate page.) 2. Name of Agent .~ Eaten Bishop Firm PMS, Inc. of Naples Agents Mailing Address 2~5 Tamia~i Trail North, Ste ~08 City Napl_e~ State FI, Zip 3~!03__ Telephone Number: Re~.: N/A Bus.: 9~1_<3.51~0_'~_0 ,_ F E B ~ ~ ~9.99 I 3. PUD ORDINANCE NAME AND NUMBERS. Krehling Industries, inc. DETAILED LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE .PPLICATION (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) . THE APPLICANT IS RESPONSIBLE FOR SUPPLYING THE CORRECT LEGAL DESCRIPTION. IF QUESTIONS ARISE CONCERNING THE LEGAL DESCRIPTION, AN ENGINEER ' S CERTIFICATION SHALL BE REQUIRED. SECTION 15 TOWNSHIP 48 South RANGE . 25 East See attached legal description 5. Address or location of subject property 1425 Wi~Kins Pass Rd. E. Naples, FL 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). See attached legal description. 7. TYPE OF AMENDMENT: x A. PUD Document Language Amendment x B. PUD Master Plan Amendment __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 =' N/A DATE: N/A 1999 10. HAS ANY PORTION. OF THE PUD BEEN SOLD AND/OR. DEVELOPED? ARE ANY CHANGES PROPOSED FOR THE AREA SOLD ~2~D/0R DEVELOPED? Yes. x No. IF YES, DESCRIBE: (ATTACH ADDITIONAL SHEETS IF NECESSARY). AFFIDAVIT We, Krehling Industries, Inc. 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 hearing can be advertised. We further permit the undersigned to act as our representative in any matters regarding this Petition. NOTE: SIGNATURES OF ALL O~H~ERS ARE 1.L~_~DATORY. RF E~ /STGNA :" OF AGENT State of Florida County of Collier \ The foregoing ADp!ication was acknowledged b~/~me this 277~' day of /~.,~/'_ __, ~ by//~Z~' , who i~personally known to me or who~s prod~ take an oath.. ' ~ t'f~ _t' ~ ~ 'h ,' ' ' t ( e ~ No~a~'~db " NOTARY PUBLIC Commission # My Commission Expires: 1999 ,,- PROPERTY OWNERSHIP & LEGAL DESCRIPTION LEGAL DESCRIPTION The subject property is described as: All that part of Section 15, Township 48 South, Range 25 East, Collier County. Florida, being described as follows: All that part of the north Y'2 of the northwest ¼ of the southeast % of said Section 15 -" and all that part of the north 280.0 feet of the south ½ of the northwest % of the southeast ¼ of said Section 15 lying east of the west right-of-way line of the former Seaboard Coast Line Railroad right-of-way; said parcel being also described as follows: Commencing at the center of said Section 15; thence along the east and west ¼ line of said Seclion 15, South 89°-54'~18'' East, 561.94 feet to the west line of the former Seaboard Coast Line Railroad right-of-way and the POINT OF BEGINNING of the parcel herein described; thence continuing along said east and west % line, South 89°-54'-18'' East 706.49 feet to the northeast corner of the northwest % of the southeast ¼ of said Section 15; thence along the east line of the northwest ¼ of the southeast ¼ of said Section 15, South 0°-40'-39'' East 951.1 3 feet to the southeast corner of the North 280.00 feet of the south ½ of the northwest ¼ of the southeast ¼ of said Section 15; thence along the south line of the North 280.00 feet of the south ¼ of the northwest ¼ of the southeast ¼ of said Section 15, North 89°-55'-31'' West 684.19 feet to the west right-of-way line of the former Seaboard Coast Line Railroad right-of-way; thence atong said west right-of-way line, northerly 952.02 feet along the arc of a nontangential circular curve oncave to the east, having a radius of 22,983.3 feet, subtended by a chord which bears North 2°-01 '-11" West 951.93 feet; being a part of the northwest 1/4 of Section 15, Township 48 South, Range 25 East, Collier County, Florida; subject to easements and restrictions of record; containing 15.26 acres more or less; bearings are assumed north based on the north and south 1/4 line of Section 15, being North 0°-44'-02'' West. F E B g ~1 1999 ALL OF THE WEST HALF (W 1/2) OF THE NORTHEAST QUARTER (NE 1/4) OF SECTION 15, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, LYING EAST OF THE ATLANTIC COAST LINE RAILROAD RIGHT-OF-WAY, EXCEPTING THE NORTH 2,337 FEET THEREOF AND SUBdECT TO A 30 FOOT ROAD EASEMENT ON THE SOUTH AND EAST THEREOF. F E B 2,3 1999 THE WEST 1/2 OF THE NORTHEAST 1/4 OF SECTION 15, TOWNSHIP 4B SOUTH, RANGE 25 EAST, LYING WEST OF ATLANTIC COAST LINE RIGHT-OF-WAY, LESS THE NORTH 2,030 FEET, COLLIER COUNTY, FLORIDA. FEB 2 3 1999 THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 15, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA AND THE NORTHERLY 280.00 FEET OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 15, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. F E B 2 ;} 1999 "~ 2 ORDINANCE 98- 3 4 5 AN ORDINANCE AMENDING ORDINANCE NUMBER 6 91-102, THE COLLIER COUNTY LAND DEVELOPMENT 7 CODE, WHICH INCLUDES THE COMPREHENSIVE 8 ZONING REGULATIONS FOR THE UNINCORPORATED 9 AREA OF COLLIER COUNTY, FLORIDA, BY 10 AMENDING THE OFFICIAL ZONING ATLAS MAP 11 NUMBERED 8515S BY CHANGING THE ZONING 12 CLASSIFICATION OF THE HEREIN DESCRIBED REAL 13 PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT 14 DEVELOPMENT KNOWN AS KREHLING INDUSTRIES ]5 PUb, FOR PROPERTY LOCATED SOUTHEAST OF THE 16 INTERSECTION OF U.S. 41 AND OLD U.S. 41, ~ 17 MILE EAST OF U.S. 41 AT THE EASTERN 18 TERMINUS OF WIGGINS PASS ROAD, IN SECTION 19 15, TOWNSHIP 48 SOUTH, RANGE 26 EAST, 20 COLLIER COUNTY, FLORIDA, CONSISTING OF 21 15.26+ ACRES; PROVIDING FOR THE REPEAL OF 22 ORDINANCE NUMBER 82-120, THE FORMER 23 KREHLING INDUSTRIES PUD; AND BY PROVIDING 24 AN EFFECTIVE DATE. 25 26 27 WHEREAS, Karen Bishop of PMS, Inc., of Naples, representing Henry 28 Krehling, petitioned the Board of County Commissioners to change the 29 zoning classification of the herein described real property; 30 NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF 31 COLLIER COUNTY, FLORIDA; 32 SECTION ONE: 33 The Zoning Classification of the herein described real property 34 located in Section 15, Township 48 South, Range 26 East, Collier County, 35 Florida, is changed from "PUb" to "PUb" Planned Unit Development in 36 accordance with the PUD Document, attached hereto as Exhibit "A", which 37 is incorporated herein and by reference made part hereof. The Official 38 Zoning Atlas Map numbered 8515S, as described in Ordinance Number 91-102, 39 the Collier County Land Development Code, is hereby amended accordingly. 40 SECTION TWO: 41 Ordinance Nunleer 82-120, known as the Krehling Industries PUD, 42 adopted on December 28, 1982 by the Board of CounEy Commissioners of 43 Collier County, is hereby repealed in its entirety. ~ SECTION THREE: 45 This Ordinance shall become effective upon filing with the F E B 2 3 1999 -3,- PASSED AXD lULl ADOPTED hv Eke Bo~rd of Sauteb- CoP~,issioners of 2 Collier CcunnV, Florida, zhis iavcf , 1998. 3 4 ATTEST: EOARD OF COUNTY COMMISSIONERS 5 }WIGHT E. 8ROCK, Clerk COLLIER COUNTY, FLORIDA 7 9 ~Y: 10 BARBARA B. ~ERRY~ Chairman 11 12 Approved as to Form and 13 Legal Sufficiency 14 15 16"T'~ 17 ~a'r~e M. Stud'ent 18 Assistant County Attorney 19 20 21 f/PUD-C2-i~(1, 22 23 FEB 2 3 1999 KREHLING INDUSTRIES A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE KREHLING INDUSTRIES A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: HENRY W. KREHLING PREPARED BY: VANASSE & DAYLOR 8270 COLLEGE PARKWAY, SUITE 205 FT. MYERS FLORIDA 33919 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL F E B 2 3 1999 TABLE OF CONTENTS PAGE LIST OF EXHIBITS i STATEMENT OF COMPLIANCE 1 SECTION I PROPERTY OWNERSHIP AND LEGAL DESCRIPTION 3 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 5 SECTION III INDUSTRIAL / COMMERCIAL DISTRICT 8 SECTION IV PRESERVE DISTRICT 12 SECTION V GENERAL DEVELOPMENT COMMITMENTS 14 1999 LIST OF EXHIBITS EXHIBIT A STATEMENT OF COMPLIANCE EXHIBIT B LOCATION MAP EXHIBIT C PUD MASTER PLAN i F E B 2. 3 1999 EXHIBIT A STATEMENT OF COMPLIANCE The subject property is approximately 1~.26 acres, and is located in Section 15, Township 48 South, Range 25 East, Collier County, Florida. The development of this property as a Planned Unit Development, known as Krehling Industries Inc.. will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan. The commercial and light industrial development will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objective or each of the elements of the Growth Management Plan for the following reasons: The subject property is within the Urban Residential Land Use designation as identified on the Future Land Use Map as required in Objective 1, Policy 5.1 and Policy 5.3 of the Future Land Use Element. 2. All improvements will be in compliance with all applicable regulations. 3. The project development 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. 4. The commercial and industrial facilities shall be designed to be compatible and compliment to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element.. 5. A complete range of services and utilities as approved by the county will serve the project. 6. Because an exemption was granted to Krehling PUD through the Zoning Reevaluation Program, the PUD is deemed consistent with the Future Land Use Element Policy 5.10. 7. Policies 5.1, 5.9, 5.10 and 5.11 of the Future Land Use Element addresses non- conforming zonings (non-conforming existing zonings are defined as those not being consistent with the Iocational or density criteria identified by the FLUE). Policy 5.1 allows certain PUD's to be modified without being consistent with the Iocational or density criteria of the Future Land Use Element. Under tl':: p..~.~ ~ A/ T a PUD is not allowed to increase the approved density or intensity of u . Krehling PUD R1 FEB 2 3 1999 -1- Pa. ~?~ ""' Krehling PUD is consistent based on the fact that it was granted an exemption through the Zoning Reevaluation Program under this policy and is not increasing intensity previously approved in the zoning. Policy 5.9 allows non-conforming uses to further develop or redevelop in accordance with the zoning on the property at the time of the development or redevelopment. The Board of County Commissioners have clearly acknowledged this situation in previous zoning cases such as the Krehling PUD. Policies 5.10 and 5.11 acknowledge properties that are granted an Exemption or a Compatibility Exemption through the Zoning Reevaluation Ordinance and are thereby deemed consistent with the Future Land Use Element due to these exemptions. Both of these policies relate back to Policy 5.1. These policies do not require that non-conforming zonings be eliminated, but allows them to develop under their existing approvals. 10. An Exemption has been granted for the Krehling PUD which precluded the County from rezoning the property via the authorization provided by the Zoning · Reevaluation Ordinance and the Future Land Use Element Policy 3.1 k. Krehling PUD R1 FEB g 3 1999 -2- SECTION I PROPERTY OWNERSHIP & LEGAL 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 for development under the name of Krehling Industries, Inc. 1.2. LEGAL DESCRIPTION A parcel of land located in Section 15, Township 48 South, Range 25 East, Collier County, Florida, being more particularly described as follows: All that part of the north 4/= of the northwest ¼ of the southeast ¼ of said Section 15 and all that part of the north 280.0 feet of the south ~/~ of the northwest ¼ of the southeast ¼ of said Section 15 lying east of the west right: of-way line of the former Seaboard Coast Line Railroad right-of-way; said parcel being also described as follows: Commencing at the center of said Section 15; thence along the east and west ¼ line of said Section 15, South 89°-54'-18" East, 561.94 feet to the west line of the former Seaboard Coast Line Railroad right-of-way and the POINT OF BEGINNING of the parcel herein described; thence continuing along said east and west ¼ line, South 89°-54'-18" East 706.49 feet to the northeast corner of the northwest ¼ of the southeast ¼ of said Section 15; thence along the east line of the northwest ¼ of the southeast ¼ of said Section 15, South 0°-40'-39'' East 951.13 feet to the southeast corner of the North 280.00 feet of the south ~ of the northwest ¼ of the southeast ¼ of said Section 15; thence along the south line of the North 280.00 feet of the south ~ of the northwest ¼ of the southeast ¼ of said Section 15, North 89°-55'-31" West 684.19 feet to the west right-of-way line of the former Seaboard Coast Line Railroad right-of-way; thence along said west right-of-way line, northerly 952.02 feet along the arc of a nontangential circular curve oncave to the east, having a radius of 22,983.3 feet, subtended by a chord which bears North 2°-01 '-11" West 951.93 feet; being a part of the northwest 1/4 of Section 15, Township 48 South, Range 25 East, Collier County, Florida; subject to easements and restrictions of record; containing 15.26 acres more or less; bearings are assumed north based on the north and south 1/4 line of Section 15, being North 0°-44'-02'' West. Krehling PUD R1 FEB 2 3 1999 -3- 1.3. PROPERTY OWNERSHIP The subject property is currently under the ownership of Henry W. Krehling of Krehling Industries, 1,425 East Wiggins Pass Road, Naples, Florida. 1.4. GENERAL PROPERTY DESCRIPTION OF PROPERTY AREA A. The property is located in the north ¼ of the northwest ¼ of the southeast ¼ of Section 15 and all of the 280 feet of the south ¼ of the northwest ¼ of the south'east ¼ of Section 15 lying east of the west right-of-way line of the former Seaboard Coast Line Railroad right-of- way. The property is generally located south and east of the intersection of new US ,41 and old US ,41, approximately ¼ mile east of new US ,41 at the eastern terminus of Wiggins Pass Road. B. The subject property is currently vacant but it is sometimes used for temporary storeage of some minor amounts of finished concrete products. The existing zoning classification of the property is PUD. 1.5. PHYSICAL DESCRIPTION The site is located at the east terminus of Wiggins Pass Road and is surrounded by existing development: Imperial Golf Club to the east and south; the Krehling Concrete Batch Plant to the west; and disturbed agricultural land to the north. The site itself is disturbed. Elevations within the site range from 7.5 to15.3 feet above mean sea level. Most of the site, however, falls within the 10.0 to 12.0 feet elevation category. The entire site is located within Flood Zone AE according to FIRM Map 120067 0191 D. 1.6. PROJECT DESCRIPTION The Krehling PUD will be a specialized light-industrial development in association with commercial / retail. As a part of the current business operations of Krehling Industries, Inc., the light-industrial facilities will be used to support concrete specialty products, stockpile, and storage of finished products. In association with the industrial uses, the principal commercial facilities will generally consist of warehousing, office (retail or professional), building supplies and enclosed storage. 1.7. SHORT TITLE This Ordinance shall be known and cited as the "Krehling Industries Unit Development Ordinance." Krehling PUD R1 FEB 2 3 1999 -4- SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1. PURPOSE The purpose of this Section is to delineate and describe the proiect plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other proiect relationships. This planned unit of development shall be limited to specific industrial uses - which are compatible and inter-related to the business operations of Krehling's concrete division for concrete specialty products as well as office/retail services. Therefore, it is the intent of the developer to use the industrial areas of the site to stockpile and store finished concrete materials on-site along with the storage of the finished products of the adiacent concrete plant. 2.2. GENERAL A. Regulations for development of the Krehling PUD shall be in accordance with the contents of this document, PUD-Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of building permit application. Where these regulations fail to provide development standards then the provisions of the most similar district in the County Land Development Code shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application. C. 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 at the earliest or next to occur of either final SDP, final plat approval, or building permit issuance applicable to this development. 2.3. DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A.The project Master Plan is iljustrated graphically on Exhibit "2", PUD Master Development Plan. B. Minor modifications to Exhibit "2" may be permitted at the time of Site Development Plan approval, subject to the provisions of Section;2.7.~Ss.~.~.,f Krehling PUD R1 FEB 2 3 1999 -5- the Collier County Land Development Code or as otherwise permitted by this PUD document. 2.4. LAND USE A. Exhibit "A" , PUD Master Plan, constitutes the required PUD Development Plan. Except as otherwise provided within this PUD document, any division of the property and the development of the land shall be in compliance with the Land Development Code and the platting laws of the State of Florida, B. The provisions of Division 3.3, Site Development Plans of the Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division 3.3 prior to the issuance of a building permit or other development order. C. Appropriate instruments will be provided at the time of infrastructure improvements regarding any dedications and the methodology for providing perpetual maintenance of common facilities. D. The following land uses and acreage amounts are proposed for the project and are iljustrated on Exhibit "A" the Master Development Plan: LAND USE TYPE ACREAGE TRACT "A"- Industrial/Commercial ........................ +/- 13.62 Acres TRACT "B"- Cypress Preserve .............................. +/- 1.64 Acres TOTAL +/- 15.26 Acres (Exact acreages to be determined during permitting) 2.5. AMENDMENTS TO PUD DOCUMENTS OR MASTER PLAN Amendments may be made to the PUD as provided in Section 2.7.3.5 of the Collier County Land Development Code. 2.6. LIMITATIONS OF PUD APPROVAL This PUD is subject to the sunsetting provisions as provided for within Section 2.7.3.4 of the Collier County Land Development Code. 2.7. PUD MONITORING An annual Monitoring report shall be submitted pursuant to Section 2.7.3N~-~ ~ .,? the Collier County Land Development Code. Krehling PUD R1 FEB 2 3 1999 -6- ~ Dt~ ._~,~_,.,,_~ 2.8 OPEN SPACE REQUIREMENTS A minimum of thirty percent (30°/.0) of the project's gross area shall be devoted to open space, pursuant to Section 2.6.32 of the Collier County Land Development Code. The total project is 15.26 +/- acres requiring a minimum of 4.58 acres to be retained as open space throughout the Krehling Industries PUD. Krehling PUD R1 FEB 2 3 1999 -7- SECTION III INDUSTRIAL / COMMERCIAL DISTRICT 3.1 PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within the Krehling PUD designated on Exhibit "A", PUD Master Plan as Tract "A" - Industrial / Commercial. 3.2 GENERAL DESCRIPTION A. Areas designated as "Industrial/Commercial" on the PUD Master Plan are designed to accommodate light manufacturing, assembling, processing, packaging, storage, warehousing, retailing and distribution o~ concrete specialty products, office / retail, aluminum fabricators, cabinet shops, dry good stores, freight movers, hardware stores, lawn maintenance shops, paint and wallpaper stores, radio / television stations, warehousing, tile sales and other similar uses. B. Actual acreage of all development tracts will be provided at the time of Site Development Plan approval in accordance with Division 3.3 of the Land Development Code. 3.3. TRACT "A": COMMERCIAL / LIGHT INDUSTRIAL A. Permitted Uses and Structures: No building or structures, or part thereof, shall be erected, altered or used, or land or water used, in whole or part, for other than the following: 1. Permitted Principal Uses and Structures: a) Aluminum fabricators and screening shops (Groups 1761, 3441 - 3479, 3491 - 3499); appliance stores (Group 5722); assembly in enclosed building (Groups 3449, 3499); automobile parts stores (Group 3714); awning shops (Group 3446); building supplies (Groups 5211, 5231,5251 ). b) Bulk storage, not including bulk storage of fiammable lic uids, and ~. stockpiling, hard stand for stockpiling activities (Groups "" ~ ~ 1422, 1429, 1442, 1446, 3273, 5039 and 5051). F E B 2 3 1999 Krehling PUD R1 -8- Po. c) Cabinet shops (Group 5023); carpet storage and installation (Group 5013); carpet and floor covering sales which may include storage and installation (5713); communications services and equipment repairs (Groups 4812-4899); contractors storage- indoor (Group 1541 ). d) Concrete specialty products (Groups 1411, 1422 - 1446,1771, 3273). e) Dry goods stores (Group 5911 ), electrical supply stores (Group 5065), equipment rentals, including lawnmowers, power saws (Groups 7353 and 7359). f) Feed and grain sales (Group 51 91 ); freight movers (Groups 4212 - 4231 ); furniture refinishing (Group 7641 ); furniture stores (Groups 2522 - 2599) g) Garden supply stores - glass and mirror sales which may include storage and installation (Groups 0781 - 07830, 5261 ). h) Hardware stores (Groups 5072, 5251 ). i) Lawn maintenance shops (Group 0782); leather goods (Groups 3111 - 3119); light manufacturing or processing (Groups 3411 - 3479, 3491 - 3499); packing or fabricating in completely enclosed building (Groups 4783, 3491 - 3499). j) Industrial warehousing; wholesale, storage, or distributing establishments and similar uses Group 4225). k) Light manufacturing, assembling processing, packaging, or fabricating operations (Groups 3411 - 3479, 3491 - 3499). I) Material and equipment storage yards, outdoor storage yards and lots, provided such outdoor yard shall not be closer than twenty- five (25) feet to any public street (Group 4226). m) Miscellaneous uses such as telephone exchange, motor bus or truck or other transportation terminal and related uses (Groups 4214-4215); motorcycle sales and services (Group 5571 ); motorcycle shops - repair only (Group 5571 ). n) Office/retail, professional, general (Groups 7311 -7389'. Krehling PUD R1 FEB 2 3 1999 -9- Po. o) Paint and wallpaper stores Group (Group 5231 ); pest control service (Group 5999); pet shops (Group 5399); pet supply shops (Group 5399); plumbing shops (Group 5074); plumbing supplies (Group 5074); pottery stores (Group 5999); poultry markets (Group 5144); printing (Groups 2752 -2759); lithographic (Groups 2791 - 2796); publishing or similar establishments (Groups 2731 - 2741 ); and professional offices (Groups 7311 - 7389). p) Radio and television stations and transmitters (Groups 4832 - 4833); radio and tele?ision sales and services (Groups 5731 - 5736); research and design labs (Groups 8731 - 8734); heavy machinery and equipment (Groups 3569, 3568, 3537, 3531 ), farm equipment (Group 3524); retail establishments for sale of farm supplies, lumber and building supplies, monuments, and similar uses (Groups 5191,5211, 5999). q) Retail and repairs for heavy machinery and equipment (Groups 3569, 3568, 3537, 3531 ), farm equipment (Group 3524); retail establishments for sale of farm supplies (Group 5191 ), lumber and building supplies (Group 5211 ), monuments (Group 5999), and similar uses. r) Second hand stores (Group 5932); service establishments catering to commerce and industry (Groups 7311 - 7389); sign company (Group 3993); sign painting shops (Group 7312); swimming pool maintenance shops (Group 7299). s) Tile sales - ceramic tile (Groups 1743, 5211 ). t) Any other Industrial/Commercial use or professional service which is comparable in nature with the foregoing uses and which the Current Planning Manager determines to be compatible in the district. 2. Permitted Accessory Uses and Structures: a) Any accessory uses and/or structures, which are incidental to and customarily associated with uses permitted in this section. b) Caretaker's residence. 3. Permitted Conditional Uses: a) Detached residence in conjunction with business - one 1 ) per business. .~.s~ Krehling PUD R1 FEB 2 ;] 1999 -10- B. Minimum Lot Area: Seven thousand-five hundred (7,500) square feet. C. Minimum Lot Width: Seventy-five (75) feet. D. Minimum Property Perimeter Setbacks: 1. North: Thirty (30) feet 2. South: Fifty (50) feet. 3. East: Twenty (20) feet 4. West: Zero (0) feet E. Minimum Internal Property Setbacks (if subdivided): 1. Front Yard Twenty-five (25).feet 2. Side Yard Ten (10) feet 3. Rear Yard Fifteen (15) feet 4. Waterfront Twent-five (25) feet 5. Railroad ROW No setback required 6. Yard Abutting Residential Parcel Fifty (50) feet F. Minimum Height of Structures: Fifty (50) feet. G. Minimum Floor Area of Principal Structure: Eight hundred (800) square feet. H. Internal Setbacks: 1. Building separation: Ten (10) feet or ¼ sum of the heights, whichever is greater 2. Service drive: Five (5) feet I. Minimum Off-Street Parking and Off-Street Loading: As required by Division 2.3 of the Land Development Code in effect at time of application for building permit. J. Minimum Residential Setbacks: There shall be a minimum of 50-foot building setback from any residentially used or zoned land. Krehling PUD R1 FEB g 8 1999 _11 . p.. SECTION IV PRESERVE DISTRICT 4.1. PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within the Krehling PUD designated on Exhibit "A", PUD Master Plan as TRACT "B" - Cypress Preserve. 4.2. GENERAL DESCRIPTION Areas designated Preserve on the PUD Master Plan are designated to accommodate a full range of conservation and preservation functions. The primary purpose of this District is to retain viable naturally functioning wetland systems, to allow for the restoration and enhancement of impacted or degraded wetland systems, and cleansing and to provide open space for the development. The exact acreage of the perserve shall be determined during the pemitting of the site. TRACT "B" PRESERVE A. Permitted Uses and Structures: No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or part, for other than the following: 1. Permitted Uses and Structures: Boardwalks, viewing platforms, stormwater management structures necessary for the establishment of an appropriate hydroperiod for the conservation area and the like. B. Treatment / General Use: The treatment of this area shall be for the preservation and conservation of the native flora and fauna found within the subject area. Retention of the vegetation shall meet the requirements shown in Section 3.9.5.5 of the LDC and shall be preserved in its entirety with all trees, understory and ground cover left intact and undisturbed, except for prohibited exotic species removal. Krehling PUB R1 FEB 2 3 1999 -12- SECTION V GENERAL DEVELOPMENT COMMITMENTS 5.1. PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. 5.2. 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 of Division 3.2 shall apply to this project even if the land within the PUD is not to be platted. The developer, his successors and assigns,' shall be responsible for the commitments outlined in this document. 5.3. PUD MASTER PLAN A. Exhibit "A", the 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 from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas. C. Minor design changes shall be permitted subject to staff approval. D. Overall site design shall be harmonious in terms of landscaping, enclosure of structure, locations of all improved facilities, and location and treatment of buffer areas. E. To protect the integrity of the Planned Unit Development, the only access road shall be the private roads as shown on the Master Plan. Krehling PUD R1 FEB 2 3 1999 -14- p.. 5.4. UTILITIES 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 97-17, as amended, and other applicable County rules and regulations. 5.5. ENGINEERING A. Except as otherwise provided within this PUD document, this project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. B. If the property is subdivided into three (3) or more parcels, a plat shall be required. 5.6. ENVIRONMENTAL A. Environmental permitting shall be in accordance with the state of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Environmental Review Staff. B. Buffers shall be provided around wetlands, extending at least fifteen (15) feet landward from the edge of wetland 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 Resources Permit Rules and be subject to review and approved by Current Planning Environmental Staff. C. No protected wildlife species are anticipated on-site. However, if protected species are observed on site, a Habitat Management Plan for those protected species shall be submitted to Current Planning Environmental Staff for review and approval prior to Final Site Plan/Construction Plan approval. D. An exotic vegetation removal, monitoring. and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Environmental Review Staff for review and approval prior to Final Site Plan/Construction Plan approvals. The plan shall contain appropriate scheduling commitments for the initial exotic removal activities and the scheduling of future annual maintenance activtities. E. The project shall comply with the environmental sections of the LDC and the -- Growth Management Plan in effect at the time of final development order "- approval. N~e~ .... Krehling PUD R1 FEB g 3 1999 -15- F. The limits and acreage of any wetlands on the site shall be determined prior Final Site Plan / Construction Plan approval. 5.7. WATER MANAGEMENT A. Excavation permits will be required for any proposed lakes in accordance with Division 3.5 of the Collier County Land Development Code, as amended. B. Excavated material from the property is intended to be used within the project site. C. Detailed paving, grading and site drainage plans shall be submitted to Engineering Review Services for review. D. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by Engineering Review Services and the South Florida Water Management District. E. In accordance with the Rules of the South Florida Water Management District (SFWMD), Chapters 40E-4 and 40E-40, this project shall be designed for a storm event of 3-day duration and 25-year frequency. F. The stormwater management system shall also include a positive drainage outfall. G. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of Divisions 3.2 of the Collier County Land Development Code 5.8. TRANSPORTATION A. The developer shall pay appropriate impact fees in accordance with the schedule in effect at the time the building permits are acquired. B. FDOT Driveway Permits will be submitted, as appropriate, with Site Plan submittals 5.9. INTERNAL ROADWAY/SERVICE DRIVE CONSTRUCTION All internal roadways within the limits of the PUD shall be private roadways and shall be maintained by the owner. However, such roadways shall be constructed to meet County standards. Krehling PUD R1 FEB 2 3 1999 _I6, 5.10. LANDSCAPE / BUFFER AREAS Prior to the issuance of any project certificates of occupancy, the developer shall: A. Comply with all applicable Land Development Code regulations for required landscaping; B. Construct a chain link fence, wall or berm and plant appropriate native vegetation along the fence, wall or berm on the southern property line, to serve as a visual buffer fror~ adjacent residential uses. 5.11. HISTORIC PRESERVATION REVIEW Pursuant to Section 2.2.25.8.1. of the LDC, if, during the course of site clearing, excavation or other construction activity, an histroric 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. Krehling PUD R1 FEB 2 3 1999 -17- BONITA BEACH ROAD I-- ._ , v/-PROJECT WIGGINS PASS ROAD IMMOKALEE ROAD C) C) I{a!EIILING INDUSTRIES LOCATION ~ VANASSE & P:CC,:]'CC, .:~': 8270 Collele Park'~'ay Suite ,~05 KREITLINGINDUSTRIES ro~t ~,~... ~ s3e~e EXECUTIVE SUMMARY PETITION NO. PUD-98-17 BLAIR A. FOLEY, P.E. OF COASTAL ENGINEERING CONSULTANTS, INC., REPRESENTING JAMES GORMAN, REQUESTING A REZONE FROM "A" RURAL AGRICULTURE TO "PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS WITTENBERG ESTATES PUD FOR A MAXIMUM OF 114 SINGLE FAMILY AND MULTI- FAMILY DWELLING UNITS OR PROPERTY LOCATED ON THE NORTH SIDE OF DAVIS BOULEVARD (S.R. 84), EAST OF WHITTEN DRIVE, IN SECTION 6, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 37 +/- ACRES. OBJECTIVE: The petitioner seeks to have land described herein rezoned from its current zoning designation of Agricultural (A) to Planned Unit Development (PUD) for the purposes of developing a mixed single family and multi-family residential planned unit development and combined recreational and preserve areas, at a density of 3.0 dwelling units per acre, for a maximum permitted 114 dwelling units. CONSIDERATIONS: The proposed density is 3.0 dwelling units per acre to be developed as single family and multiple family dwellings, for a total of one hundred fourteen (114) units on 38 acres. Accessory uses and structures like carports, garages, utility buildings, and recreational uses such as swimming pools, tennis courts, playground areas and recreation buildings, are also proposed for development. The project site contains ~ne (1) lake totaling +/- 6.0 acres and preserve tracts totaling +/- 9.25 acres. The dwelling units are proposed to be single family detached, multi-family townhomes, duplexes, and zero lot line. The maximum permitted building height is forty (40) feet. The minimum floor area for multi-family structures is 1,000 square feet and for single family structures is 1,200 square feet. A portion of the dwelling units are proposed to be developed abutting the northern and eastern boundaries of the subject site. The remaining dwelling units will be built surrounding the east side of the lake, which is centrally located on the site. The west side of the lake abuts a preserve area which is adjacent to the western property boundary. The petitioner proposes to architecturally unify the structures, signage and landscaping throughout the project. Land Use Residential Density: The projected density of 3.0 dwelling units per acre is consistent with the density rating system contained in the FLUE and is based on the following relationships to the required criteria: Base Density +4 dwelling units/acre The projected density of 3.0 dwelling units per acre is consistent with the density rating system contained in the FLUE and is based on the following relationships to the required criteria: Base Densi_ty +4 dwelling units/acre Maximum Permitted Density +4 dwelling units/acre F E O 2 3 1999 The maximum allowable density is four (4) dwelling units per acre. Since the petitioner plans to provide an interconnection of on-site roads to the adjacent property to the west, no additional dwelling units will be subtracted. As a result, the base density is limited to four (4) dwelling units per acre. Since the overall acreage of the site is 38 acres, the 114 dwelling units proposed results in a density of three (3) dwelling units per acre which is consistent with the density rating system. Traffic Circulation Element - The ITE Trip Generation Manual indicates that the proposed petition will generate approximately 855 AADT and 71 PM Peak Hour trip ends. 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 will not exceed the significance test standard (5 percent of the LOS "C" design volume) on SR-84 after trip assignments are made. In addition, this petition will not lower the level of service below the LOS "D" standard within the project's radius of development influence (RDI). Therefore, the project is consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element (TCE). The TCE lists Davis Boulevard as a 4-lane arterial road from east of Santa Barbara Boulevard. The current traffic count for the segment fronting the project is 17,159 PSDT and is operating at LOS "B". The Peak Seasons Daily Traffic was based on the Peak/Annual ratio shown in the County' s Transportation Planning database. It should be noted that this road segment is not projected to be deficient within the next 5 years. The planned and proposed improvements within the projects RDI will ensure that the adopted LOS standards are maintained. As a result, this petition complies with Policy 1.3 and 1.4 of the TCE. 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. 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: The site is located in the Urban Mixed Use Residential Land Use classification as designated area on the County' s Future Land Use Map. Urban Residential Mixed Use is inclusive of a variety of residential land uses including single family, multi-family, duplex, mobile home and mixed use (Planned Unit Development). This petition will do nothing to impact 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. N^SE,O ~T F E B a 1999 PLANNING COMMISSION RECOMMENDATION: The CCPC voted 6-1 to to recommend that the Board of County Commissioners approve PUD-98-17 with the following stipulations: At a minimum, the PUD document and master plan, EIS and water management plan shall be revised (as applicable) and shall meet County staffs approval, three (3) weeks prior to being heard by the Board of County Commissioners, as follows: 1. The PUD document and master plan, the conceptual water management plan, and the EIS shall be revised in accordance with and to meet the recommendations of the EAB. That shall include but shall not be limited to the following staff stipulations: A. The area identified in the environmental impact statement (EIS) as Melaleuca (4241) is a pine fiatwoods, and should be labeled as such. The FLUCFC map and EIS shall be amended accordingly. B. The upland preserves shall be indicated on the map in Figure 5 of the EIS. C. Section 3.8.5.4.1 (4)(f) of the EIS shall be amended to indicate the type of enhancement that is proposed within the preserve area. This enhancement shall meet the Collier County Environmental staffs approval. D.The PUD document and master plan, and the EIS shall be amended to show the required preservation area of 9.48 acres. E. The PUD document shall be amended to show the following: (a)Residential Tracts should be labeled as D and E; Open space and recreational tracts in the PUD document shall include Tract C; Tracts F, G, H, & J shall be labeled as preserve or conservation tracts and shall be placed in their own section within the PUD document. These tracts shall also be labeled as preserve or conservation tracts on the PUD Master Plan. F.The Water Management Plan shall be revised as follows: (a) A rear lot swale/berm cross-section for lots adjacent to preserve areas and the lake shall be provided. (b)A note shall be added to the plan to the effect that perimeter berms greater than 3 feet in height shall have a slope of no greater than 4:1 (unless landscaped) and a toe of slope no less than 5 feet from a property line. 2. Should the EAB have significant problems or recommendations that cause substantial revision to the PUD Master Plan or document, the Environmental Impact Statement or conceptual water management plan, the petition shall be brought back to the Planning Commission for a re-hearing prior to being heard by the Board of County Commissioners. Note: This stipulation results from the fact that the Planning Commission heard this petiti.~n pr~o.J~ heating in front of the EAB. F E B g 3 1999 __pg. 3 The dissenting Planning Commission member voted against the petition because the petitioner was ,'equesting an exception from the subdivision regulations to permit sidewalks to be constructed on one (1) ide of the street, rather than on both sides of the street as required by the Land Development Code. Consistent with Planning staffs recommendation, this Planning Commission member felt sidewalks should be required on both sides of the street as required by the Land Development Code. Because this petition failed to be recommended for approval by a unanimous vote of the Planning Commission, it is ineligible to be placed on the summary agenda. This petition was continued from the BCC heating on February 9, 1999 at the request of the petitioner in order to have an opportunity to address citizen concerns over the proposed access point to the subject site from the abutting property to the west. PREPARED BY: , DATE C F PLANNER ,j. jR~/IEWED~i Y: R~'~D F. ~O, ~CP, M~AGER DATE' ' C~NT PLUG SECTION HEE, ~CP, D~CTOR DATE PLUG SERVICES PPROVED '~ V~CENT A. CAUTERO, ~CP, ~M~ST~TOR DATE CO~TY DEVELOPMENT & E~O~ENT~ SVCS. Petition Number: PUD-98-17 Whittenberg Estates PUD This petition has been tentatively scheduled for the February 23, 1999 Board of County Commissioners Public Hearing. F E B 2 3 1999 AGENDA ITEM 7-H MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT SERVICES DIVISION DATE: NOVEMBER 30, 1998 lIE: PETITION NO: PUD-98-17 WHITTENBERG ESTATES OWNER/AGENT: Agent: Blair A. Foley Coastal Engineering Consultants, Inc. 3106 S. Horseshoe Drive Naples, FL 34104 Owner: Mr. James Gorman 5207 Davis Boulevard Naples, FL 34104 REQUESTED ACTION: The petitioner seeks to have land described herein rezoned from its current zoning designation of Agricultural (A) to Planned Unit Development (PUD) for the purposes of developing a mixed single family and multi-family residential planned unit development and combined recreational and preserve areas, at a density of 3.0 dwelling units per acre, for a maximum permitted 114 dwelling units. GEOGRAPHIC LOCATION: The subject site is located on the north side of Davis Boulevard (SR-84), approximately ¼ mile west of County Barn Road in Section 6, Township 50 South, Range 26 East between the Embassy Woods Golf and Country Club at Bretonne Park to the east and the Whittenberg PUD to the west (see location map following page). PURPOSE/DESCRIPTION OF PROJECT: The applicant proposes to develop the property for single family and multiple family residential uses. The proposed density is 3.0 dwelling units per acre to be developed as single family and multiple family dwellings, for a total of one hundred fourteen (114) units on 38 acres. A ccess~~ './ uses and structures like carports, garages, utility buildings, and recreational uses such a,, F E B 2 3 1999 1 · Pg. L.-~._____._ .... 2 3 I999 swimming pools, tennis courts, playground areas and recreation. buildings, are also proposed for development. The project site contains one (1) lake totaling +/- 6.0 acres and preserve tracts totaling +/- 9.25 acres. The dwelling units are proposed to be single family detached, multi-family townhomes, duplexes, and zero lot line. The maximum permitted building height is forty (40) feet. The minimum floor area for multi-family structures is 1,000 square feet and for single family structures is 1,200 square feet. A portion of the dwelling units are proposed to be developed abutting the northern and eastern boundaries of the subject site. The remaining dwelling units will be built surrounding the east side of the lake, which is centrally located on the site. The west side of the lake abuts a preserve area which is adjacent to the western property boundary. The petitioner proposes to architecturally unify the structures, signage and landscaping throughout the project. SURROUNDING LAND USE AND ZONING: Existing: The subject property is vacant and presently has an Agricultural (A) zoning designation. Zoning Land Use Surrounding: North - Saxon Manor Isles PUD/Agriculture; open space/multi-family South - Davis Boulevard fight-of-way East - Brettone Park PUD; internal fight-of-way/recreation area West- Whittenburg PUD; multi-family dwelling units GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is located in the Urban Residential Mixed Use designated area on the County' s Future Land Use Map. Urban Residential Mixed Use is inclusive of a variety of residential land uses including single family, multi-family, duplex, mobile home and mixed use (Planned Unit Development). The subject petition is for a mixed use, multifamily residential PUD which is an authorized use of land in the urban residentially designated area of the Future Land Use Element (FLUE), therefore, it is consistent with the FLUE. Consistency with other applicable elements of the Growth Management Plan (GMP) is as follows: 1999 Land Use Residential Density: The projected density of 3.0 dwelling units per acre is consistent with the density rating system contained in the FLUE and is based on the following relationships to the required criteria: Base Densi_ty +4 dwelling units/acre Maximum Permitted Density +4 dwelling units/acre The maximum allowable density is four (4) dwelling units per acre. Since the petitioner plans to provide an interconnection of on-site roads to the adjacent property to the west, no additional dwelling units will be subtracted. As a result, the base density is limited to four (4) dwelling units per acre. Since the overall acreage of the site is 38 acres, the 114 dwelling units proposed results in a density of three (3) dwelling units per acre which is consistent with the density rating system. Staff has reviewed this petition for consistency with all other elements of the Growth Management Plan as has determined the petition is consistent with those elements. In addition, no level of service standards will be adversely affected by this request and appropriate mitigation measure and stipulations will assure that the County's interests are maintained. Traffic Circulation Element - The subject site's generated traffic will not exceed the significance test standard (5 percent of the LOS "C" design volume) on SR-84. In addition, the amendment will not lower the level of service below any adopted LOS "D" standard within the project's radius of development influence CRDI). The ITE Trip Generation Manual indicates that the proposed residential development will generate approximately 885 average daily trips and 71 p.m. peak hour trips on a weekday. The Traffic Circulation Element lists this segment of SR-84 as a 4-lane arterial road from east of Santa Barbara Boulevard. The current traffic count for the segment fronting the project is 17, 159 PSDT and is operating at LOS "B". The planned and proposed improvements within the project's RDI will ensure that the adopted LOS standards are maintained. As a result, this petition complies with Policy 1.3 and 1.4 of the TCE. 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. FEB 2 3 999 3 ~ Pcl. , ~' 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. EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE: The subject petition has been reviewed by the appropriate staff responsible for the above referenced areas of critical concern. This primarily includes a review by the Community Development environmental and engineering staff, and the Transportation Services Division staff. They have recommended approval subject to appropriate development stipulations that are consistent with the Land Development Code. This petition has not been reviewed by the Environmental Advisory Board. It is tentatively scheduled to go before the EAB in January. Therefore, staffs recommendation is contingent upon stipulations ensuring the subject petition complies with the recommendations of the EAB rendered at the future hearing. The Transportation Department has also reviewed this petition. Recognizing that there are no new driveway connections nor new public roads that will be created by this proposal, they have recommended approval. 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 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 categofized 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 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 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 n ~latio~.~F),~__)~/ of the rezoning action to the long range plan for future land uses. FEB 2 3 ]999 4 Notwithstanding the above, staff in reviewing the detenninant~ 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 subject property is located with the Urban Designated Mixed Use future land use classification as depicted on the Future Land Use Map of the Collier County Growth Management Plan. The site is located approximately 1.25 miles west of the intersection of Santa Barbara Boulevard with Davis Boulevard (SR-84). The PUD document indicates the proposed development plan for the 38 acre site is mixed use residential allowing for single family and multi-family residential development integrated with common recreation areas, a lake and preserve areas. The PUD Master Plan shows the proposed location of future dwelling units along the eastern boundary of the site and internal to the site. The proposed preserve area encompasses approximately 9.25 acres along the western boundary of the site, from the entry road west. A lake is located interior to the project and retention areas and recreation areas are located adjacent to Davis Boulevard. The proposed master plan layout minimizes the location of residential land uses adjacent to Davis Boulevard. The Whittenberg PUD is located west of the subject site. Residential land uses contained in the Whittenburg PUD boarder the proposed preserve area on the subject property's western boundary. The Saxon Mano_r Isles PUD is located north of the subject site. Saxon Manor Isles is a mixed multi-family and single family residential development approved at a gross density of 11.96 dwelling units per acre, portions of which are undeveloped preserve areas which border the subject site's northern boundary. Brettone Park PUD is a mixed use golf and country club with single family and multi-family development approved at a density of 4.29 dwelling units per acre, and is located to the east. The eastern boundary of the subject site abuts a road right-of-way and a recreation area contained within the Brettone Park PUD. Required buffering and yards (10 to 40 feet in width) and the proposed height limit of forty (40), feet will provide open space and buffering between the subject site and surrounding uses. Access to the subject site is proposed to be shared with the Whittenberg PUD to the west via Whitten Drive. There will be no direct access onto Davis Boulevard from the subject site. Open space, ingress/egress, landscape buffers, and other applicable development standards comply with the requirements of the Collier County Land Development Code. With respect to compatibility issues, staff is of the opinion that the subject petition is consistent with the Collier County Growth Management Plan and is therefore compatible with other approved Planned Unit Developments within the area. The proposed layout of the residential areas internal to the site, the proposed wetland/preserve area, the required yards and landscape buffering, will serve to buffer the proposed development from existing land uses to the north, east and west, at ~ Davi.q Boulevard to the south. The site is compatible with and similar to the multi-family use~, west~$..~_~Y the site, which were approved at a density of 4.29 dwelling units acre. These developn ent F E B 2 3 1999 5 stipulations will protect the integrity of the adjacent residential .community as well as the subject residential development. Traffic: The ITE Trip Generation Manual indicates that the proposed petition will generate approximately 855 AADT and 71 PM Peak Hour trip ends. 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 will not exceed the significance test standard (5 percent of the LOS "C" design volume) on SR-84 after trip assignments are made. In addition, this petition will not lower the level of service below the LOS "D" standard within the project's radius of development influence (RDI). Therefore, the project is consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element (TCE). The TCE lists Davis Boulevard as a 4-lane arterial road from east of Santa Barbara Boulevard. The current traffic count for the segment ~'onting the project is 17,159 PSDT and is operating at LOS "B". The Peak Seasons Daily Traffic was based on the Peak/Annual ratio shown in the County's Transportation Planning database. It should be noted that this road segment is not projected to be deficient within the next 5 years. The planned and proposed improvements within the projects RDI will ensure that the adopted LOS standards are maintained. As a result, this petition complies with Policy 1.3 and 1.4 of the TCE. Utili_ty 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. Community Infrastructure and Services: The subject property has convenient access to a wide range of community infrastructure, which is enhanced by its frontage on Davis Boulevard. Shopping centers, business offices and medical offices are all within a short driving distance. Summary: Based on the above analysis, the following conclusions can be reached from the staff report: 1. The proposed rezoning of the subject property from Agricultural to PUD, and the PUD development strategy for single family and multi-family residential development and related facilities is consistent with the FLUE of the GMP. 2. The proposed density of development and development regulations are consistent with those authorized in the GMP's density rating system for projects located in the Urban Mixe~ Use Future Land Use classification. N~°~~ F E B 2 3 1999 6 3. All other pertinent elements of the GMP were reviewed and the methods for achieving consistency are made a part of the PUD regulations or otherwise achieved by the PUD Master Plan. 4. Findings related to the application to rezone to PUD and the development standards specified in the PUD document and Master Plan support a recommendation of approval and compatibility with adjacent land uses at a density of 3 dwelling units per acre. STAFF RECOMMENDATION: This petition is tentatively scheduled to be heard before the EAB at the January meeting. At the time of the writing of this staff report, the submitted EIS and PUD documents were found to be insufficient in several areas. In an effort to move the project forward, the subject petition has been scheduled before the Planning Commission prior to the required heating before the EAB. It is staffs intention to incorporate the recommendations of the EAB and subsequent staff recommendations prior to a hearing before the Board of County Commissioners. Therefore, the following conditions attempt to address those areas of the EIS and PUD document that need to be revised in order that staff may complete their review, and that the PUD document and master plan, the EIS and water management plan all meet any applicable requirements and are consistent with the County's Land Development Code. Staff recommends that Collier County Planning Commission recommend approval of Petition PUD-97-17, Whittenburg PUD pursuant to the Ordinance of Adoption and Exhibits attached thereto, subject to the following conditions: At a minimum, the PUD document and master plan, EIS and water management plan shall be revised (as applicable) and shall meet County staffs approval, three (3) weeks prior to being heard by the Board of County Commissioners, as follows: 1. The PUD document and master plan shall be revised to show sidewalks on both sides of the street as required in the Collier County Land Development Code. The required sidewalks shall be constructed to the specifications as required by all applicable sections of the Land Development Code. 2. The PUD document and master plan, the conceptual water management plan, and the EIS shall be revised in accordance with and to meet the recommendations of the EAB. That shall include but shall not be limited to the following staff stipulations: A. The area identified in the environmental impact statement (EIS) as Melaleuca (4241) is a pine flatwoods, and should be labeled as such. The FLUCFC map and EIS shall be amended accordingly. B. The upland preserves shall be indicated on the map in Figure 5 of the EIS. FEB g B 1999 ? C. Section 3.8.5.4.1 (4)(t) of the EIS shall be amended to indicate the type of enhancement that is proposed within the preserve area. This enhancement shall meet the Collier County Environmental staffs approval. D. The PUD document and master plan, and the EIS shall be amended to show the required preservation area of 9.48 acres. E. The PUD document shall be amended to show the following: (a) Residential Tracts should be labeled as D and E; Open space and recreational tracts in the PUD document shall include Tract C; Tracts F, G, H, & J shall be labeled as preserve or conservation tracts and shall be placed in their own section within the PUD document. These tracts shall also be labeled as preserve or conservation tracts on the PUD Master Plan. F. The Water Management Plan shall be revised as follows: (a) A rear lot swale/berm cross-section for lots adjacent to preserve areas and the lake shall be provided. (b) A note shall be added to the plan to the effect that perimeter berms greater than 3 feet in height shall have a slope of no greater than 4:1 (unless landscaped) and a toe of slope no less than 5 feet from a property line. 1999 PREPARED BY: /,S~_SAN MURRAY, AICP ' DATE CHIEF PLANNER ~REVIEWED ~Y~ ('~i t\Lj DATE CURRENT PLANNING MANAGER Vrl~(~E~IvA. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SVCS. Petition Number: PUD-98-17 Whittenberg Estates PUD Staff Report for December 17, 1998 CCPC Meeting NOTE: This Petition has been tentatively scheduled for the January 12, 1999 BCC meeting. COLLIER COUNTY PLANNING COMMISSION: MIC~ JT"BRUET, CHAIRPERSON F E B 2 3 1999 9 /Y .. REZONE FINDINGS FOR PETITION PUD # 98-17 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 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. The Urban Residential Future Land Use Map (FLUM) designation, applicable to the property, anticipates a zoning action to any residential zoning district so long as the authorized density is consistent with the density rating system to the FLUE. The requested density of three (3) dwelling units per acre does not exceed the maximum permitted density of four (4) dwelling units per acre based on the criteria in the Density Rating System contained in the FLUE. 2. The existing !and use pattern; ' Pro/Con: Evaluation not applicable. Summan' Findings: Existing: The subject site is vacant and has an Agricultural (A) zoning designation and is undeveloped. Surrounding: North - Saxon Manor Isles PUD/Agriculture; open space/multi-family South - Davis Boulevard right-of-way East - Brettone Park PUD; internal right-of-way/recreation area West- Bittenburg PUD; multi-family dwelling units 3. The possibility creating of an isolated district unrelated to adjacent and nearby districts; Pro/Con: Evaluation not applicable. F E B 2 3 1999 Summary Findings: The site is adjacent to existing single family and multi-family developments to the ~orth, east and west. The availability of adequate infrastructure and the proximity to adjacent development's justify a rezoning action to PUD. 4. Whether existing district boundaries are illogically 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. The site is similar in area and shape to the Whittenberg Estates PUD adjacent to the site on the west side. 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 it is consistent with the Future Land Use Element of the Growth Management Plan. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; 'to: (i) The zoning designation of the adjacent property to the west, legally allows a density of 4.29 -,welling units per acres, 1.29 dwelling units/acre more than is permitted by this petition therefore, the rezoning action should not adversely affect living conditions in the area. (ii) The proposed master plan shows proposed residential areas of the site are isolated from the contiguous residential property to the west. The proposed residential areas on the subject site are separated from the neighboring property by a preserve area and required landscape buffers. Con: The conversion of raw land to urban development may be viewed by the neighboring property owner's to the west as an infringement on their existing quality of environment. However, by law, the County cannot deny a property owner reasonable use of his/her land, consistent with the Comprehensive Plan, without fair compensation. Summary Findinl!s: The proposed zoning amendment will not adversely affect living conditions in the neighborhood because the recommended de':elopment standards and other conditions for approval have been developed and designed to ensure the least amount of adverse impact on adjacent 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. _ ro: (i) The proposed development of the subject property is consistent with the provi si, ,ns Traffic Element of the Growth Management Plan, therefore the additional traffic generated ~y the°. F E B ~ 3 T999 2 F~. proposed development should not adversely affect the comfort and safety of existing users on adjacent public roads. (ii) Access to the subject property is by way of an interconnect with the Whittenberg PUD to the west. Access to the Whittenberg PUD is provided from Davis Boulevard, a 4-lane State roadway. Con: As urban intensification increases, there is some loss of comfort and ease of travel to motorists using the adjacent roadways. However, by law, this degree of discomfort is regulated by concurrency requirements. Summary_. Findinl~s: 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. Additionally, turn lanes, dedications, contributions to traffic signal costs, etc.) In the final analysis all projects are subject to the Concurrency Management system. 8. Whether the proposed change will create a drainage problem; Pro: Water management improvements to accommodate site development are designed to accommodate the normal drainage requirement. Con: Urban intensification always poses a threat for area-wide flooding under the most severe rainfall event, unless countywide drainage improvements are made commensurate with urban intensification. 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. Summan' Findings: All projects in Collier County are subject to the development standards that are unique to the zoning district in which it is located. These development standards and other 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. 1999 Summary. Findings: This is a subjective determination based upon anticipated results which may be '~:nternal or external to the subject property that can affect property values. Property valuation is affected ,y 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. 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: Application of the development standards found in the Land Development Code combined with the administrative site development plan approval process, should give reasonable assurance that the proposed change in zoning will not deter the future 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: 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 absequent 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. Summan' Findings: The subject property is not undevelopable under its current zoning designation. The petitioner's request is consistent with the Future Land Use Map in that the site is located in an Urban Designated Area. Surrounding properties north, east and west of the site are already developed or are under development at densities which are higher than what is currently permitted by the Agricultural zoning designation of the subject site. To develop this site at its present, allowable density of one (1) dwelling unit per five (5) acres would be incompatible with the surrounding land uses north, east, and west and is inconsistent with the intent of the Urban Land Use designation as described in the Growth Management Plan. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; · ~'ro/Con: Evaluation not applicable. F E B 2 8 1999 4 /,r -_--- 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: This is a special purpose petition which involves establishing a density not otherwise available in an existing Agricultural zoning district. 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 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: Application not applicable. Summary Findings: 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. AGEN I ~ F E B 2 3 ' 999 FINDINGS FOR PUD PUD-98-17 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 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) The subject site is located adjacent to an existing single family and multi- family development on the north, east and west sides. (ii) Intensifying land development patterns produces economies of scale relative to public utilities, facilities and services, which are currently available in this area. (iii) The extent that location choice is enhanced for residential environments within the designated urban area reduces the push on urban sprawl. Con: (i) Nearby residential communities often perceive residential intensification in their area as contributing factors to inconveniencing movements to and from their place of residence. Finding: Jurisdictional reviews by County staff suplion the manner and pattem of development proposed for the subject property. 'Development conditions contained in the PUD document give assurance that all infrastructure 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. 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. FEB 2 3 '~999 6 pn. c~ 3. Conformity. of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan. Pro/Con: Evaluation not applicable. Findine: The subject petition has been found consistent with the goals, objectives and policies of the Growth Management Plan. The subject property is designated Urban Mixed-Use - Urban Residential ' on the FLUE to the GMP. As such it authorizes zoning actions aimed at allowing the land to be used for urban residential purposes. This petition has been reviewed by the appropriate staff for compliance with the applicable elements 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/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 (i.e., preserves, lakes, etc.). External relationships are regulated by the Land Development Code to help assure harmonious relationships between projects. In this particular project environmental conditions of the site act to create a significant natural open space separation from any future uses to the south of the site. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. Pro/Con: Evaluation not applicable. Finding: The amount of open space set aside by this project is consistent with the provisions of the Land Development Code. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Pro/Con: Evaluation not applicable. FEB 2 8 1999 '7 :- __ Po. Finding: 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 from 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 PUB regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Pro/Con: Evaluation not applicable. Finding: This 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 particular housing structures and associated area requirements. FEB 2 3 1999 8 " PSTrnONinvmEK P U D 9 8 - 17 ~ ' DATE __~~~~~_ APPLICATION FOR PUBLIC HEARING FOR STA~,rD~ ~zO~s ,~aqD CO~mONAL US~- ~0U~S'~C'T 0 1 1998 PLOD M DE~LOP~ EQ~STS co~ D~LO~ ~ ~o~~ s~~~~ ~ PLUG 1. N~¢ of Applic~t(s) J~s ~m Applic~rs M~i]Wg Ad&¢ss 52~ ~v~s, Ci~. Napl~- S~te Fleri~ ~p 34104 Applic~rs T¢]~hone Nmb~ Kes.: ' N~';~' ' B~.: 941-643-2400 Is the app]ic~t ~¢ o~er of~e subject propS? Yes X No (~) If applic~t is ~ l~d ~st, so ~dic~te ~d nine b~efici~es below. ~) If app]ic~t is co~o~fion o~ ~ a public co~o~fi~, 'so ~dicat¢ and name o~c~s ~d major stoc~o]ders below. (c) ~ applic~t is a p~Wp, li~ted p~sWp or o~ b~¢ss enfi~, so ~dicat¢ ~d name p~ncipals below. (d) ~ applic~t is ~ o~¢r, ~cate ¢xacdy ~ recorded, ~d list all o~¢r o~, if ~y. (e) If app]ic~t is a lessee, a~ch copy of ]e~e, ~d indicate acml o~m if not indicated on ~¢ X (0 If applicant is a con~ct p~chas~, a~ch copy of con~c~ ~d ~dicate acmaI o~¢Ks) nine ~d ad&¢ss below. ~ ~ac¢ is inadeq~te, a~ch on sepmt¢ page.) Ag~ Mail~g Ad&ess 3~06 S. Hor~ ~i~ Ci~ ~ples S~t¢ ~ Zip 34104 Telephone Nmber: Kes.: N/~ B~.: 941-643-2324 F E B 2 3 1999 ~. 3. DETAILED LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE APPLICATION 0f 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 four (4) copies of survey (1" to 400' scale). . HE APPLICANT IS KESPONSIBLE FOR SUPPLYING THE COR.KECT LEGAL DESCKIPTION. IF QUESTIONS ARISE CONCERNING THE LEGAL DESCKIFTION, AN ENGINEER'S CEKTIFICATION SHALL BE KEQLrIKED. ' SECTION 6 TOWNSHIP 50S RANGE 26E See attached survey. 4. Size of prop~Ty +/' 2,720 ftX+-/' 859 ~. Acres 38.0 ~cres 5. Address or location of subjectproperty Davis BOulevard and Whitten Drive 6. Existing land elevation +/' 9 NGVD County Flood Criteria Elevation Zone X 7. a. Date subject property acquired ( ) or leased ( ): N/A day of N/A ,19 Term of lease N/A yr~Jmos-. b. If, Petitioner has option to buy, indicate date of option: 4/2/98 and date option terminates: 1/15/99 8. Doe~ own contiguous property to the subject property'?. ff so, give eomplete legal description of entire contiguous property. CIf spaee is inadequate, attach on separate page). __ YeS - Whittenber~ PUD inlred_~atel_v adjacent to the west. 9. THIS APPLICATION IS INTENDED TO COVEI~ (Check which type of petition your are requesting): X A. REZON~NG: PRESENT ZONING A REQUESTED ZONING PUD FOR Subdivision B. PROVISIONAL USE OF ZONING FOR 10. REASON WHY APPLICATION SHOULD BE APPROVED (Attach additional sheera if necessary): This request is consistent with the ccrnp~ive plan and allows for infill develotm~nt. The proposed land use is ccmpatlhle with surrounding land uses. 2 FEB g 3 T999 11. IS PROPOSED USE PROHIBITED BY DEED RESTRICTIONS? Yes No IF YES, PROVIDE COPY OF THE DEED RESTRICTIONS. 12. IS THIS KEQUF, ST A RESULT OF A VIOLATION? bb IF S0, TO WHOM WAS TH]E NOTICE SERVED? N/n, .. 13. HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITHIN THE LAST YEAR? IF SO, IN WHOSE NAME? No 14. ARE THERE EXISTING STRUCTURES ON THE PROPERTY?. No TYPE: CBS , FRAME , MOBILE HOME , OTHER__ AFFIDAVIT J :~'A~,~.-~ (s7o rL/t44d beinS first duly sworn, dc-poseandsaythstiam as~ th tP ' ~ desre'bed herein and which is the subject matter of the proposed hearing, matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. I understand this application must be completed and accurate before a hearing can be advertised. I further permit the undersigned to act as our representative in any matters regarding this Petition. SIGNATURE OF ~ SI A' OF S4i~(~~~ ~, A State of Florida County of Collier · ' ' s acknowledged before me this~y of, , 7 as iai'ntification and who did (did not) take an oath. SEAL NOTARY PUBLIC ..... Serial/Commission f~ ~d ~.~d,/,..8/ My Commission Expires: ( OFRCLAL NOTARy SEA L MARCIA ANN FOX CU/PUD/REZONE APPLICATIONNmcl/4/I 7/98 NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. CC736131 _ COMMISSION EXP. APR. ~__x~32MY_- s F E B 2 3 1999 Utility Provisions for Conditional Uses and Rezones NAME: Whittanberg Estates ADDRESS: 5207 Devis BOulevard Naples, Florida 34104 PHONE: 643-2400 LEGAL DESCRIPTION: Please See Enclosed'Survey 4. TYPE OF SEWEGE DISPOSAL TO BE PROVIDED (Check applicable system): A. COUNTY SYSTEM X B. CITY SYSTEM C. FRINCHISED SYSTEM NAME: D. PACKAGE TREATMENT PLANT CAPACITY (GPD) E. SEPTIC SYSTEM 5. TYPE OF WATER SERVICE TO BE PROVIDED (check applicable system): A. COUNTY SYSTEM X B. CITY SYSTEM C. FRINCHISED SYSTEM NAME: D. PRIVATE SYSTEM 6. TOTAL POPULATION TO BE SERVED: +/' 342 7. PEAK AND AVERAGE DAILY DEMANDES: 1. WATER-PEAK 71.25 GPM AVERAGE DAILY 52,668 gpd 2. SEWER-PEAK 71.25 GPM AVERAGE DAILY 52,668.qpd 8. IF PROPOSING TO CONNECT TO COLLIER COUNTY REGIONAL WATER SYSTEM, DATE SERVICE EXPECTED TO BE REQUIRED: January, 1999 9. Provide a brief and concise narrative and schematic drawing of the sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data of soil involved shall be provided from tests prepared by a professional engineer. -1- FEB 2 3 B99 10. A statement, in writing, signed by the owner should be provided agreeing to deed to the County Utilities the water distribution an~ sewage collection facilities within the project area upon completion o. the construction of these facilities in accordance with applicable County ordinances. This statement should also include agreement that applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County Community Development Division. The statement should also contain agreement to dedicate appropriate Utility Easements for serving the water and sewer systems. FOR OFFICIAL USE ONLY APPROVER: DENIED: com~Frs: · UTILITIES ADMINISTRATOR -2- FEB g 3 1999 ORDINANCE XO. 79- AN ORDINANCE ~ENDING ORDINANCE NUMBER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH iNCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY A~ENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 0606S; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" RURAL AGRICULTURE TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS WHITTENBERG ESTATES PUD FOR A MA.XIMUM OF 114 SINGLE-FAMILY AND MULTI-FAMILY DWELLING UNITS, LOCATED ON THE NORTH SIDE OF DAVIS BOULEVARD (S.R. 84), EAST OF WHITTEN DRIVE IN SECTION 6, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF B8+ ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Blair A. Foley, P.E., cf Coasnal Consultants, Inc., representing James Gcrman, petitioned the Board cf County Ccmmzssioners to change the zoning c!asszfiration cf the herein jescribe~ real property; NOW, THEREFORE BE iT ORDAINED by the Board of County Commissioners of Collier County, Florida: SECTION ONE: The zoning classification of the nereLn descrzbed real property located in Section 6, Township 50 South, Range 26 Eas~, Collier County, Florida, is changed from "A" Rural Agriculture to "PUD" Planned Unit Development in accordance with the Whittenberg Estates PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map Number 0606S, as described in Ordinance Number 91-102, nhe Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. F E B P-, 3 1999 -'1- YASSE2 AND lULl' ADOPTED by =he Bsarm cf 'Czunn',/Ccmmmss=oners =f Collier Czunn':', Yi~rzda, z~is ~av =f , 1999. BOARD OF COUNTY COMMISSIONERS EOLLiER SSUNT¥, ?LORIDA ATTEST: BY: BARBARA ~. BERRY, Shairman DWIGHT E. BRCCK, 2lerK Approved as zc Form and Legal Sufficiency Mar] erle M. SzuUenE Assiszann Ccun~y AZtcrney FUD-98-1' '_RDINANCEI' F E B 2 8 1999 -2- WHITTENBERG ESTATES A PLANNED UNIT DEVELOPI%IENT REGULATIONS AND CONCEPTUAL MASTER PLAN GOVERNING DEVELOP/~IENT OF WHITTENBERG ESTATES A PLANNED UNIT DEVELOPI%IENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPI%IENT CODE PREPARED FOR: --- VVHITTENBERG DEVELOP/%IENT CORPORATION PREPARED BY: COASTAL ENGINEERING CONSULTANTS, INC. 3106 S. HORSESHOE DRIVE NAPLES, FL 34104 CEC FILE NO. 98.114 September 25, 1998 -,[2ii~;,~,Dl DATE FILED: DATE REVISED: 998 DATE REVIEXVED BY CCPC: DATE APPROVED BY BCC: ............... ORDINANCE NUMBER: PUD98-i7 , FEB 2 3 1999 TABLE OF CONTENTS STATEMENT OF COMPLIANCE SECTION I PROPERTY O\VNERSHIP & DESCRIPTION SECTION II PROJECT DEVELOPMENT SECTION III RESIDENTIAL TRACTS D & E SECTION IV OPEN SPACE TRACTS B & C SECTION V PRESERVE/CONSERVATION TRACTS F, G, H & J SECTION VI DEVELOPMENT COMMITMENTS EXHIBIT "A" PUD MASTER PLAN FEB 2 3 1999 Pg.~,_ '-~/ STATElYlENT OF COMPLIANCE The development of approximately 38.0 acres of property in Collier County, as a Planned Unit Development knox~m as Whittenberg Estates, is in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan. The residential, recreational, and other development authorized heroin will be consistent with the grox~h policies, land development regulations and applicable comprehensive planning objectives of each of the elements of the Growth Management Plan in effect at the time of approval by the Collier County Board of County Cormnissioners for the following reasons: Residential Pro.iect 1. The subject property is within the Urban Residential land use designation as identified on the Future Land Use Map as required in Objective 1, Policy 5.1 and Policy 5.3 of the Future Land Use Element. 2. The subject propeny's location in relation to existing or proposed community facilities and sen,ices permits the development's residential density as required in Objective 2 of the Future 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 Future Land Use Element. 4. Future improvements are planned to be in compliance with all current and applicable land development regulations as set forth in the Growth Management Plan and amendments thereto. 5. The project development results 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. The project development incorporates a natural system for ~vater management in accordance with their natural functions and capabilities as required by Objective 1.5 of the Drainage Sub- Element of the Public Facilities Element. 7. The maximum density is 3.0 dwelling units per acre and is in compliance with the Future Land Use Element of the Gro~h Management Plan which allows a base density of four (4). 8. The project includes extensive open space in the form of a native vegetation presen, e to provide a high quality of life for its residents. F E B 2 3 1999 SECTION I PROPERTY O~VNERSHIP AND DESCRIPTION 1.I 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 being developed under the project name of Whittenberg Estates. 1.2 PROPERTY OWNERSHIP The subject property is currently under the ownership of Bernard Cohen, P.O. Box 600343, North Miami Beach, Florida 33610. 1.3 kEGAL DESCRIPTION The east one-half of the east one-half of the southeast one quarter, Section 6, Township 50 South, Range 26 East, Collier County, Florida, subject to easements, restrictions, reservation and rights-of-way of record. 1.4 GENERAk DESCRIPTION OF PROPERTY AREA The project site contains 38.0 acres and is located in lands 134ng within Section 6, Township 50 South, Range 26 East, Collier County, Florida. The property is bounded on the north by Saxon Manor, on the east by Glen Eagle Golf & CountD' Club, and on the west by the Whittenberg PUD. 1.5 PROJECT DESCRIPTION Whittenberg Estates is a proposed residential community. The project will consist of a maximum of 114 units, recreational pool area and gate house. The project entrance is off ~,~tirtenberg Drive fi'om the adjacent PUD, and the intemal road system is a two lane dead-end cul-de-sac. The maximum number of dwelling units for the project will be 114 units, resulting in a gross density of 3 units per acre. 1.6 ?$.EOjLT..IJZ]~ This Ordinance shall be known and cited as the Whittenberg Estates Planned Unit Development Ordinance. F E B 2 3 1999 I-1 ..,,,~pg._ v~3 SECTION II PROJECT DEVELOPSlENT 2.1 PURPOSE The purpose cf this Section is to delineate and generally describe the project plan of development, rcl ationsl*.,ips to applicable County ordinances and the respective land uses of the tracts included in the project. 2.2 ~ A. Regulations for development of Whittenberg Estates shall be in accordance with the contents of this document, PUD-Planned Unit Development District and other applicable sections and parts of the Collier County, Land Development Code and Collier County Gro~'th Management Plan in effect at the time of local final development order or building permit application. Where these PUD regulations fail to provide developmental standards, then the provisions of the most similar district in the Collier County Land Development Code shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in Collier CounW Land Development Code in effect at the time of local final development order or building permit application. C. The development permitted by the approval of this petition will be subject to review under the applicable provisions of the Land Development Code in effect at the time development permits are requested. 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 at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. 2.3 DESCRIPTION OF THE PUD MASTER PLAN The PUD Master Plan including layout of streets and uses of land for the various tracts is iljustrated graphically by the PUD Master Plan, Exhibit "A". 2.4 PERMITTED DENSITY No more than the maximum of 114 dwelling units shall be constructed in the total project area. The gross project area is 38.0 acres. The gross project densiW, therefore, will be rnaxiL,~~Lg ] 3 units per acre. FEB 2 3 1999 II-1 ~Pa. j~t 2.5 P~ELATED PROJECT PLAN APPROVAL REQUIREMENTS Prior to recording the Subdivision Plat, and/or approvhl of a Condominium Plat, final plans shall receive approval of the appropriate Collier County. governmental agency to insure compliance with the PUD Master Plan, the Collier County Land Development Code and the platting laws of the State of Florida. 2.6 MODEL HOMES AND SALES FACILITIES Model homes/dry model home centers, sales centers and administrative offices shall be permitted in conjunction with the promotion of the development after approval of the preliminary subdivision plat, consistent with the requirements of Section 2.6.33.4 and any other applicable sections of the Land Development Code. 2.7 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN .~-nendments 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 OVx~ERS FOR COMMON AREA MAINTENANCE The land areas and recreation arnenities will be under common ownership of all subsequent purchasers of property within said development. The developer has provided the appropriate legal instruments for the establishment of a Master Property Owners' Association whose function includes provisions for the perpetual care and maintenance of those common facilities and open space. This document is known as the "Master Declaration of Covenants, Conditions and Restrictions for \Vhittenberg Estates", to be recorded in the Public Records of Collier County. F E B 2 3 1999 II-2 I~g. ~,~ SECTION III RESIDENTIAL TRACTS D & E 3.1 ~ The purpose of this Section is to identify specific development standards for areas designated on the PUD Master Plan as residential tracts. 3.2 MAXIMUM D\VELI_ING UNITS Tracts designated for residential uses shall be developed in accordance with the standards set forth in the Collier Count>, Land Development Code and the development regulations established in this Ordinance provided the total number of dwelling units for the entire Vv'hittenberg Estates PUD does not exceed 114. 3.3 USES PER2XIITTED The type of principal use that characterizes the initial development of any platted tract shall be carried throughout the development of that entire tract. No building or structure, or pan thereof, shall be erected, altered or used, or land used, in whole or pan, for other than the following: A. Principal Uses: 1. Single Family Detached 2. Multi-Family/Zero Lot Line 3. Recreation Community Facilities (See B.2 below) 4. Duplex B. Accessor,., Uses: 1. Customary accessory, uses and structures, including carports, garages, patios, pools, spas, decks, fences and other accessory uses that are ,typically associated with similar principal uses per the Land Development Code. 2. Recreational community facilities that sen,e as an integral pan of a residential tract and have been designated, reviewed and approved on a Site Development Plan or Preliminary Subdivision Plat for that development. Recreational facilities may include, but are not limited to a pool building and swimming pool. 3. Small buildings, enclosures, or other structures constructed for purposes of maintenance, service or shelter. 4. Small docks, piers, boardwalks or other such facilities constructe~ for~~ of lake access. III-1 3.4 DEVELOPMENT STANrDARDS TYPE 'T' SENGLE- TYPE "III" PER.~ITTED USE STANDARDS FA,MrrI.y TYPE "II" ZERO LOT LINE/ DETACHED M'L~LTI'FA2%fi'LY DUPLEX Minimum Land Area Per Dwelling Unit 4500 SF 1 ACRE 3500 SFm Min. Site or Lot \~:idth 38 FT 50 FT 38 FT Min. Front Yard Setback, Principal 25 FT 30 FT 25 FT Min. Front Yard Setback, Accessor>.' 10 FT 10 FT 10 FT Min. Side Yard Setback, Principal 71/: FT 15 FT 0 FT or a min. of 6 FT<:~ Min. Side Yard Setback Accessor3., 7~/: FT 15 FT 0 FT or a rain. of 6 FT Side Yard Setback, Walls / Fences 0 FT 0 FT 0 FT .~.lin. Rear Yard Setback, Principal 20 FT 30 FT 20 FT Min. Rear Yard Setback, Accessor3., 10 FT 10 FT 10 FT Max. Building Height 35 FT 40 FT 40 FT Min. Distance Bem'een Principal Structures 12 FT 15 FT 12 FT Min. Floor Area'Dwelling Unit 1200 SF 1000 SF 1000 SF NOTE: All yards a77d set-backs shall be in relation to the individual parcel bounda;3, except as otherwise pro~,ided {n Each half of Duplex unit requkes a lot ~ea allocation of 3,500 S.F. for a total m~um lot ~ea of 7,000 S.F. (:~ere ~e zero (0) iet y~d option is utilize, ~e opposite side of ~e s~c~e shall have a s~ (6) foot side y~d. ~ro (0) Bot >'~ may be used on eider side of a s~cmre provided ~at ~e opposite s~ (6) foot side y~d is provided. Front y~d setbacks shall be me~urM ~ follows: (a) If the p~cel is se~'~ by a public or private fight-of-way, setback is me~urd ~om the adjacent fight-of-way line. If the p~cel is se~,~ by a non-planed private drive, setback is me~ed ~om the back of curb, valley ~er or ~ge of pavement. (c) If ~e p~cel is se~'ed by a pland private drive, setback is me~urM fom ~e md e~ent or prope~ line. (d) The first dwelling unit ~ns~cted in a series of zero lot line developments shall establish the zero lot line side for that ~act or series of zero lot line dwellings. 3.5 OFF-STREET PARK~G AND LOAD~G REQUIREMENTS A. As r~uirM by Division 2.3 of~e Collier Coun~ Lsd Development Co le in ~~~ the time of building petit application. B. No r~reational or ~erci~ vehicle p~king is allow~ wi~in residenil ~ac~. C. P~king within p~ncip~ s~c~es is peking. (i.e., g~ages) F E B 2 3 1999 III-2 SECTION IV OPEN SPACE TRACTS B & C 4.1 PURPOSE The purpose of this section is to set forth the development plan and development standards for the areas designated as Tracts B & C on the PUD Master Plan, Exhibit "A". The primary function and purpose of these tracts are to provide lake, open space, and recreational facilities. If any vegetation is removed within these tracts, it shall be provided elsewhere within the PUD to maintain the required v, venty-~ve percent (25%) retained native vegetation. 4.2 USES PERMITTED No building or structure or part thereof, shall be erected, altered or used, or land used, in whole or in pan, for other than the following; A. Principal Uses: 1. Lakes, pool building, pool, and tennis courts. 2. Open Spaces.,.Nature Preser,'es (Conser,,ation Area). 3. Small docks, boardwalks, or other such facilities constructed for purposes of lake or preserve access. 4. Small buildings, enclosures or other structures constructed for the purpose of maintenance, storage, recreation or shelter with appropriate screening and landscaping. N 4.3 DEVELOP. ,IENT REGULATIONS A. Overall site design shall be harmonious in terms of landscaping, enclosure of structures, location of access streets and parking areas and location and treatment of buffer areas. B. Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties from direct glare or other interference. C. A site development plan meeting all of the Development Regulations shall be required in accordance with Section 3.3 of the Land Development Code. D. Minimum Off-Street Parking and Loading: As required by Division 2.3 of the Land Development Code in effect at time of building permit application. ~o~.~~ E. Principal structures shall be set back a minimum of 20' from abutting resi lential tracts outside this Planned Unit Development F E B 2 3 1999 Iv~l SECTION V PRESERX;E/CONSERVATION TRACTS F, G, H & J 5.1 ~ The purpose of this section is to set forth the development plan and development standards for the areas designated as Tracts F, G, H & J on the PUD Master Plan, Exhibit "A" . The primary. function and purpose of these tracts is to provide exclusive preserve/conservation areas. A. No development is permitted on these tracts. FEB 2 8 1999 V-1 pg. 3 ~' SECTION VI DEVELOPSlENT CO]~I~.IIT~IENTS The purpose of this Section is to set forth the development commitments for the development of\Vhittenberg Estates. 6.2 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 in effect at the time of local final development order or building permit application, Except where specifically noted or stated otherwise, the standards and specifications of the Land Development Code shall apply to this project even if the land within the PUD is not to be platted. The developer, his successor and assigns, shall be responsible for the commitments outlined in this document. The developer and all subsequent lando~,~ers are required to satisfy the requirements of all applicable County ordinances or codes in effect prior to or concurrent with an>, subsequent development order relating to this site. This includes, but is not limited to, Subdixdsion Master Plans, Site Development Plans and any other application that will result in the issuance of final local development order or building permit, 6.3 PUD MASTER PIAN A. Exhibit "A": The PUD Master Plan reflects the proposed site improvements. B. All necessary easements, dedications, or other instruments have been, or shall be, granted to insure the continued operation and maintenance of all sen, ice utilities and all common areas in the project. 6.4 SCHEDULE OF DEVELOPMENT The proposed start date is Januar)J of 1999 with completion targeted for January of 2002. The proposed development is to be built within a single phase with all infrastructure and recreational facilities to sen,e the entire PUD. The PUD shall be subject to the Sunset Provisions of Section 2.7.3.4 of the Land Development Code. 6.5 DEVELOPMENT SUBSTITUTIONS FROM STANDARD SUBDIVISION REGULATIONS A. Substitute Section 3.2.8.4.16.5. of the Land Development Code such that minimum right-of-way easement widths for platted roads with valley gutter or ,.-h ~.,~ .,,. .... regulations shall be 50 feet. '' "~.~-~ N FEB 2 3 1999 VI-1 B. Substitute Section 3.2.8.3.17.3. of the Land Development Code such that five (5) foot sidewalks shall be provided on one side of the street only. 6.6 ACCESSORY STRUCTURES Accessory, structures shall be constructed simultaneously with, or following the construction of.. the principal structure except as allowed in the Land Development Code and for the construction site office and related facilities such as Project Administrative Offices and Project Sales Offices. 6.7 SIGNS All signs shall be in accordance with Division 2.5 of the Collier County Land Development Code. 6.8 ENVIRONMENTAL Prior to final site development plan approval, the petitioner shall provide a narrative management plan indicating the manner in which the owner will protect the presen,es (upland, wetland and littoral) communities pursuant to Section 3.9.5.3 of the Collier County Land Development Code. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Environmental Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. All consen'ation areas shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Conservation areas shall be dedicated on the plat to the project's homeowners' association or like entiD' for ownership and maintenance responsibilities and to Collier County with no responsibility for maintenance. In the event the project does not require platting, all conservation areas shall be recorded as consen,ation/presen'ation tracts or easements dedicated to an approved entity, or to Collier County with no responsibility for maintenance and subject to the uses and limitations similar to or as per Florida statutes Section 704.06. Buffers shall be provided around wetlands, extending at least fifteen (15) feet landward from the edge of wetland 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 Resource Permit Rules and be subject to review and approval by Current Planning Environmental Staff. An exotic vegetation removal , monitoring, and maintenance (exotic free) plan. for the site, with emphasis on the consen'ation/presen,ation areas, shall be submitted to Curr ',nt Environmental Staff for review and approval prior to final site plan/construction ~lan approval. VI-2 FEB 2 3 199~ This plan shall include the methods of exotic vegetation removal to be used within all conservation/preserYation areas. Petitioner shall comply with guidelines and recommendations of the U.S. Fish and Wildlife Sen,ice (USFV~rS) and Florida Game and Fresh V;ater Fish Commission (FGFWFC) regarding potential impacts to protected wildlife species. Where protected species are obsen,ed on site, a Habitat Management Plan for those protected species shall be submitted to Current Planing Environmental Staff for review and approval prior to final site plan/construction plan approval. 6.9 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 sanitaD' 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 CounD, Ordinance No. 88-76, 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. Upon completion cf the potable water and sanitary sewer facilities within the project, the facilities shall be tested to insure they meet Collier County's utility construction requirements in effect at the time construction plans are approved. The above tasks shall be completed to the satisfaction of Engineering Review Sen'ices prior to placing the facilities, whether County owned or privately owned, into sen,ice. Upon completion of construction of the potable water and sanitary sewer facilities and prior to the issuance of Certificates of Occupancy for structures within the project, the utility facilities shall be conveyed to the Count>,, pursuant to Collier County' Ordinance No. 88-76, as amended and all regulations in effect at the time conveyance is requested. B. All construction plans, technical specifications and proposed plats, if applicable, for the proposed potable water and sanitary sewer collection and transmission systems, whether County owned or privately owned shall be reviewed and approved by Engineering Review Sen,ices prior to cormnencement of construction. C. 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 rate. D. All potable water and sanitary sewer facilities in publicly owned rights-of-way or within dedicated County utility easements within the project's limits shall make connection to the County's off-site potable water systems and sanitary. ewer facilities including but not limited to the following: F E B 2 3 1999 VI-3 1 ) Main sewage lift station and properly sized force main interconnecting with the Count;,,, utility easements necessary. 2) Potable water distribution facilities from the point of connection with the County's potable water facilities to a point of the project's property line. 3) Construction and ownership of the potable water and sanitary sewer facilities shall be in compliance with Collier Count'), Ordinance No. 88- 76, as amended, all Federal, State regulations which apply and practices in effect at the time construction approval is requested. 4) Detailed hydraulic design reports covering potable water and sanitary sewage collection and transmission systems to sen,e the project shall be submitted with the construction documents. The reports shall list all design assumptions, demand rates and all other factors pertinent to the system under consideration. 5) Certifications of Occupancy for structures constructed within the project shall not be approved by Engineering Review Services until fire flow tests have been conducted on the project's potable water distribution system and the results are found to be acceptable and approved. 6.10 TRA. NSPORTATION A. The developer shall provide arterial level street lighting at the project entrance; such improvements shall be a condition of obtaining the first Certificate of Occupancy. B. Provisions for 25 feet of drainage easement and five (5) feet of bike/sidewalk easement shall be dedicated as outlined on PUD Sheet Exhibit "A" prior to issuance of the first Certificate of Occupancy. Upon request by appropriate County representatives, Developer shall provide the 25 feet of fight-of-way, via Statutory Warranty Deed, to Collier County, a political subdivision of the State of Florida, (along the full length of the property's Davis Boulevard (S.R. 84) frontage) along the north side of the existing fight-of-way of Davis Boulevard and over the entire len~h of the property owned. The obligation to convey the abo',;e real property interest shall include obtaining and providing, at the Developer's expense, an ALTA Form B (marketability) title insurance commitment within thirty (30) days of a request to do so by the County. Further, the Developer shall cooperate and follow all requirements contained in any commitment with Collier County. The date of said title corrn,nitment shall not be more than one hundred m, enty (120) days prior to the date of the recording of the conveyance by the Developer, at its sole expense, shall also cause a final title insurance polk t ~. which is in conformance with the County's standard title insurance procedures an ' ' ' VI-4 Said title insurance policy shall be consistent with the previously submitted title insurance commitment. This obligation shall bind the Developer, as well as nm with the land, upon approval of this PUD amendment petition, PUD-89-1 (1). C. The developer, its assigns or successors, shall provide a fair share contribution toward the capital cost of future bikeways adjoining the project. D. Access improvements are not subject to impact fee credits and shall be in place before any Certificates of Occupancy are issued. This requirement shall be waived for dry models. Project access and throat len~h shall be designed in accordance with Collier County Standards. E. Road impact fees shall be as set forth in Ordinance 92-22, as amended, and shall be paid at the time building permits are issued unless otherwise approved by the Board of Count>, Commissioners. F. All traffic control devices used shall conform with the Manual on Uniform Traffic Control Devices as required by Chapter 316.0747, Florida Statutes. G. An interconnected road fight-of-way to the adjacent property to the west is proposed as shown on the PUD Master Plan, Tract "S. H. A copy of the SF\VMD Surface Water Permit shall be submitted prior to final construction plan approval. I. An Excavation Permit will be required for the proposed lake in accordance with Division 3.5 of the Collier County LDC and SF\VMD rules. J. Prior to issuance of the first Certificate of Occupancy, an 80-foot wide Drainage Easement along the entire Davis Blvd. Front~e, including an unencumbered 25-foot wide maintenance access travelway along the north side of the Drainage Easement shall be dedicated to Collier County. K. In coordination with plans for the Lely Branch Canal, the developer shall excavate a 55-foot top width canal within the 80-foot Drainage Easement with the bottom width, bottom elex;ation, and side slopes as specified by the County.. Stormwater Management Department. 6.11 ARCHEOLOGICAL 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 archaeolog cal a,i'~'- -' ' found, all development within the minimum area necessary to protect the disc 3verS~ll~ immediately stopped and the Collier County Code Enforcement Department con :acted. FEB 2 8 1999 FEB 19 Pg. ~ EXECUTIVE SUMMARY Recommendation to approve a Resolution electing to use the Uniform Method of Collecting Non-Ad Valorera Special Assessments levied on eleven lots located on the south side of Golden Gate Parkway east from Santa Barbara Boulevard to 53'a Street Southwest located in the unincorporated area of the County; stating a need for such levy; providing for the mailing of the resolution; and providing for an effective date. OBJECTIVE: That the Board of County Commissioners consider adopting the attached Resolution electing to use the Uniform Method of Collecting Non-Ad Valorem Special Assessments to collect assessments levied on the identified properties. CONSIDERATION: Owners for eight of the eleven parcels have signed a petition, a copy of which is attached, requesting that the County create a Municipal Service Benefit Unit for collecting non-ad valorem assessments for the cost of constructing a water line and related water facilities plus a sewer line and related wastewater facilities needed to facilitate the availability of water and wastewater service from Florida Cities Water Company to service (11) lots on the south side of Golden Gate Parkway east from Santa Barbara Boulevard to 5fd Street Southwest. The Uniform Method of Collecting Non-Ad Valorem Special Assessments allows for local governments to place these assessments on the tax bill, upon Agreement of the Tax Collector and Property Appraiser. Such agreements are attached hereto. In order to use this method of collection, the Board must state its intent at a duly advertised public hearing. The adoption of such resolution does not create the related municipal service benefit unit nor levy assessments on the identified parcels. The action before the Board is a preliminary function required prior to creation of a benefit unit and any special assessment levy. FISCAL IMPACT: None at this time. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution electing to use the Uniform Method of Collecting Non-Ad Valorera Special Assessments to be levied on the identified properties. iYa~id C. Weigei~e:oun~'iiorney ' I ' ' ; FEZ 2 3 1999 Pg.- 1 / 99 09:43A (So | 1 ier- courtly I->tj['} I ic ~ks I>,()/ PETITION TO THE BOARD OF COUN~ COMMISSIONERS OF COLLIER COUNt, FLORIDA: The undersigned petitioners hereby request the Board of County Commisstoners to establish the Golden Gate Parkway Water & Sewer Assessmeht District. It is understood that the purpose of this district is to construct and maintain a potable water distribution system including fire hydrants and a sewer gravity and/or force main system including a lift station. These improvements shall be paid for by special assessment and collection by billing and lien in sufficient amount to meet the cost of said improvements. Assessments shatl be based upon the front footage abutting such streets, square footage of individual properties, the benefits derived from the use, or other appropriate standards as may be approved by the Board of County Commissioners. After investigation by the Public Works Division and an advertised notice, a public hearing shall be held to determine if the proposed assessment district shall be created. Each affected property owner shall be notified of the public hearing by U.S. Mail. 'TH" NAME ADDRESS TAX FOLIO DA'1 E NUMBER 1 RESOLUTION NO. 99- 2 3 A RESOLUTION OF THE BOARD OF COUNTY 4 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, 5 ELECTING TO USE THE UNIFORM METHOD OF 6 COLLECTING NON-AD VALOREM SPECIAL 7 ASSESSMENTS LEVIED ON ELEVEN LOTS LOCATED ON 8 THE SOUTH SIDE OF GOLDEN GATE PARKWAY EAST 9 FROM SANTA BARBARA BOULEVARD TO 53nn STREET 1o SOUTHWEST LOCATED IN THE UNINCORPORATED 11 AREA OF THE COUNTY; STATING A NEED FOR SUCH 12 LEVY; PROVIDING FOR THE MAILING OF THIS 13 RESOLUTION; AND PROVIDING FOR AN EFFECTIVE 14 DATE. 15 16 WHEREAS, the Board &County Commissioners of Collier County, Florida, on behalf of 17 itselfor a successor created by home rule or under general law (the "Board"), is contemplating the Is imposition of special capital improvement assessments for the provision of neighborhood 19 improvements and services including construction of a water line and related water facilities plus a 2o sewer line and related wastewater facilities needed to facilitate the availability of water and 21 wastewater service from Florida Cities Water Company to service (11) lots on the south side of 22 Golden Gate Parkway east from Santa Barbara Boulevard to 53rd Street Southwest; and 23 VV'HEREAS, the Board intends to use the uniform method for collecting non-ad valorem 24 special assessments for the cost of providing construction of a water line and related water 25 facilities plus a sewer line and related wastewater facilities needed to facilitate the availability of 26 water and wastewater service from Florida Cities Water Company to service (11) lots on the 27 south side of Golden Gate Parkway east from Santa Barbara Boulevard to 53rd Street, 28 Southwest; and 29 XVI-IEREAS, the Board held a duly advertised public hearing prior to the adoption of this 30 Resolution, proof of publication of such hearing being attached hereto as Exhibit A; 31 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 32 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 33 1. Commencing with the Fiscal Year beginning October 1, 1999 and with the tax 34 statement mailed for such Fiscal Year, the county intends to use the uniform method .35 of collecting non-ad valorera assessments authorized in Section 197.3632, Florida 36 Statutes, as amended, for collecting nomad valorem assessments for the cost of 37 providing construction of a water line and related water facilities plus a sewer line 38 and related wastewater facilities needed to facilitate the availability of water and s9 wastewater service from Florida Cities Water Company to service (I 1) lots on,,the 4o south side of Golden Gate Parkway east from Santa Barbara Boulevard to 53~AGENDA NO. I~Cc FE~ 2 3 1999 Page I of 5 pg... 1 Street, Southwest. Such non-ad valorera assessments shall be levied within the 2 unincorporated areas of the County. A legal description of such area subject to the 3 assessment is attached hereto as Exhibit B and incorporated by reference. 4 2. The County hereby determines that the levy of the assessments is needed to fund the 5 cost of construction of a water line and related water facilities plus a sewer line and 6 related wastewater facilities to service (11) lots on the south side of Golden Gate 7 Parkway east from Santa Barbara Boulevard to 53rd Street, Southwest located s within such unincorporated areas of the County. 9 3. Pursuant to Section 197.3632, Florida Statutes, the Collier County Tax Collector 10 and the Collier County Property Appraiser have agreed that the board may have 11 until March 1, 1999 to adopt this Resolution; such agreement being attached hereto 12 as Exhibit C and incorporated herein by reference. 13 4. Upon adoption, the County Clerk is hereby directed to send a copy of this 14 Resolution by United States mail to the Florida Department of Revenue, the Collier 15 County Tax Collector, and the Collier County Property Appraiser by March 10 16 1999. 17 5. This Resolution shall be effective upon adoption. There is a need for the levy of is non-ad valorem special assessments to reimburse the County for its costs to 19 construct a water line and related water facilities plus a wastewater line and related 2o wastewater facilities to facilitate the availability of water service and wastewater 21 service from Florida Cities Water Company to the subject eleven (11) lots, all of 22 which are on the south side of Golden Gate Parkway between Santa Barbara 23 Boulevard and 53rd Street, Southwest. 24 6. This Resolution shall be effective upon adoption. 25 Duly adopted this __ day of February, 1999, after motion, second and majority vote. 26 BOARD OF COUNTY COMMISSIONERS 27 ATTEST: OF COLLIER COUNTY, FLORIDA 2s DWIGHT E. BROCK, CLERK 29 30 31 By: By: .32 PAMELA S. MAC'KIE, CHAIRWOMAN 33 34 35 Approved as to form and 37 David C.'weigel;~ 40 County Attorney 41 ^ .: F"" 2 J 1999 Pg .... L'lt' Page 2 of 5 EXHIBIT ~B" Golden Gate City Unit 7, Block 230, Lots I 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. F:~, 2: 1999 pg. --~ Page 3 of 5 AGREEMENT Re: Non-Ad Valorem Special Assessments for Improvements and Services To Eleven Lots on the South Side of Golden Gate Parkway East from Santa Barbara Boulevard to 534 Street Southwest Located Within the Unincorporated Area of Collier County COMES NOW, THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORID& on behalf of itself or a successor created by home rule or under general law (the "County"), and the COLLIER COUNTY TAX COLLECTOR, and hereby agree (1) the County may have until March 1, 1999 to adopt a resolution of intent to use the uniform method to collect non-ad valorem assessments as provided by Section 197.3632, Florida Statutes; and (2) the parties will comply with the statutory requirements associated with the County's use of the uniform method to collect non-ad valorem assessments, with the County being responsible for the actual administrative and collection costs associated therewith, all as provided in Section 197.3632, Florida Statutes. Executed this ~ day of February, 1999. BOARD OF COUNTY COMMISSIONERS ATTEST: OF COLLIER COUNTY, FLORIDA DWIGHT E BROCK, CLERK By: By: PAMELA S. MAC'KIE, CHAIRWOMAN Approved as to form and legal sufficiency: County Attorney COLLIER COUNTY TAX COLLECTOR lily: ~ -~~ GLVY C~TON FEB AGREEMENT Re: Non-Ad Valorem Special Assessments for Improvements and Services To Eleven Lots on the South Side of Golden Gate Parkway East from Santa Barbara Boulevard to 53'd Street Southwest Located Within the Unincorporated Area of Collier County COMES NOW, THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, on behalf of itself or a successor created by home rule or under general law (the "County"), and the COLLIER COUNTY PROPERTY APPRAISEK, and hereby agree (I) the County may have until March 1, 1999 to adopt a resolution of intent to use the uniform method to collect non-ad valorem assessments as provided by Section 197.3632, Florida Statutes; and (2) the parties will comply with the statutory requirements associated with the County's use of the uniform method to collect non-ad valorem assessments, with the County being responsible for the actual administrative and collection costs associated therewith, all as provided in Section 197.3632, Florida Statutes. Executed this __ day of February, 1999. BOARD OF COUNTY COMMISSIONERS ATTEST: OF COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, CLERK By: By: PAMELA S. MAC'KIE, CHAIRWOMAN Approved as to form and County Attorney COLLIER COUNTY PROPERTY APPRAISER By: ~ .~E_~_ ' ABE SKINNER FEe, 2 3 1999 EXECUTIVE SUMMARy PETITION NO. V-98-24, MARGARET PERRY, AICP REPRESENTING GIRARDIN, BALDWIN AND ASSOCIATES, L.L.P., REQUESTING A 15 FOOT VARIANCE FROM THE REQUIRED 15 FOOT REAR YARD TO -0- FEET FOR CARPORTS FOR AN OFFICE BUILDING LOCATED AT 5147 CASTELLO DRIVE IN NORTH NAPLES. The petitioner is requesting the above described variance in order to install three open sided carports. CONSIDERATIONS: The applicant is proposing to cover three existing parking spaces with carports. The property in question is zoned C-1 "Professional Commercial" and the rear setback in this district is 15 feet. Because of the location of existing parking spaces it is necessary to obtain a variance to build carports. It should be noted that the proposed carports will be adjacent to a dead end alley with other existing carports with a 10 foot setback from the property line (V-96-19). Staff was provided with letters from all neighboring property owners supporting this variance request. The Collier County Planning Commission reviewed this petition on February 4, 1999 and by a vote of 9-0 recommended approval of the variance. Staff has not received any letters in opposition to the granting of this request. Because of the fact that staffs recommendation to the CCPC for denial, this petition does not qualify to be placed on the Summary Agenda. 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 Ass, ,s~,~i),~l~ ! required. . F E B 2 3 1999 PLANNING COMMISSION RECOMMENDATION: That the Board of Zoning Appeals approve V-98-24. PREPARED BY: c/~j~r~,~ ~~/~ ~ ~f~ / CHAHRAM BADAMTCHIAN, Ph.D., AICP DATE PRINCIPAL PLANNER VIE D BY: ,.,,.; ONALD F. NINO, AICP, MANAGER DATE CURRENT PLANNING SECTION RO~,ERT J. MULHERE, AICP, DIRECTOR DATE PLANNING SERVICES APPROVED BY: VI , AICP, ,~DI~IINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1999 AGENDA ITEM 7-C MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION DATE: January 13, 1999 RE: PETITION V 98-24 AGENT/APPLICANT: Owner: Girardin, Baldwin and Associates, L.L.P. 5147 Castello Drive Naples, FL. 34103 Agent: Margaret Perry, AICP Wilson, Miller, Barton and Peek, Inc. 3200 Bailey Lane Suite 200 Naples, FL. 34105 REQUESTED ACTION: The petitioner is requesting a 15 foot variance from the required 15 foot rear yard to '0- feet for carports. qIEOGRAPHIC LOCATION: The subject property is located at 5147 Castello Drive and is further described as Lots 2 and 3, Block "C", Sorrento Gardens, Unit 1, Collier County, Florida. PURPOSE/DESCRIPTION OF PROJECT: The applicant is proposing to cover three existing parking spaces with carports. The property in question is zoned C-1 "Professional Commercial" and the rear setback in this district is 15 feet. Because of the location of existing parking spaces it is necessary to obtain a variance to build carports. It should be noted that the proposed carports will be adjacent to a dead end alley with other existing carports with a 10 foot setback from the property line (V-96-19). SURROUNDING LAND USE AND ZONING: Existing: - Office building, zoned C-1 ' F E B 2 3 1999 -1- cvz.,r o~' ~x~co FEB 3 1999 Surrounding: North - Office building, zoned Col East - Single family residences South - Office building, zoned C-1 West - Office building, Zoned C-4 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. EVALUATION FOR ENVIRONMENTAL. TRANSPORTATION AND INFRASTRUCTURE: Approval of this variance request will have no effect on infrastructure, transportation or required environment relationships. ANALYSIS: Section 2.7.5 of the Land Development Code grants the authority to the Board of Zoning Appeals to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Subsection(6)(a) through (h) which are general guidelines to be used to assist the Commission in making a determination. Responses to items (a) through (h) of Subsection (6) are as follows: a. Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved? Yes, all buildings and parking lots are existing. The rear parking lot was not designed to contain carports. b. Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request? No, there are existing parking spaces that can be covered without variance. However, the existing employee parking is in the rear of the site. The applicant wishes to cover three of those spaces. c. Will a literal interpretation of the provisions of this Land Developn ent ~.erd~ work unnecessary and undue hardship on the applicant? FEB 2 3 1999 No, most of the existing parking spaces in the front parking lot may be covered without a need for a variance. d. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? No, a variance is not necessary to make possible the reasonable use of the land. The land is being used for a professional office building. e. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes, this variance, if granted, will allow the petitioner to build carports 10 feet from the front property lines, which will be denied to others in the same zoning district unless a similar variance is granted. f. Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? No, this variance, if approved, will reduce the rear yard requirements and will not be in harmony with the general intent and purpose of the Land Development code; however, it will not be injurious to the neighborhood, or detrimental to the public welfare. g. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? Yes, These carports will be adjacent to a dead end alley. h. Will granting the variance be consistent with the Growth Management Plan. The granting of this variance will not change the requirements of the Growth Management Plan. STAFF RECOMMENDATION: Staff recommends that the CCPC forward Petition V 98-24 to the BZA with a recommendation for denial. FEB g 3 1999 -3- PREPARED BY: [,'~ ~ ~,,., '~v,g~b, ,,.~ 1 I )'4/9'9 CHAHRAM BADAMTCHIAN, Ph.D., AICP DATE PRINCIPAL PLANNER R~IEWED RON"ALL~INLY, ~IE::;P, MANAGER DATa C~R,~NT PLANNliG SECTION DATE P~NNING SERVICES APP~Y~, ~ VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES Petition Number: V-98-24 Staff report for February 4, 1999 CCPC meeting. This Petition has tentatively been scheduled for February 23,1999 BZA Public Hearing. ~nty Pla:ning C ' ' : MIC AIRMAN FEB g 3 1999 -4- VARIANCE PETITION (VARIANCE FROM SETBACK(S) (ABO~ TO BE F~L~ P~OI'S N~ Gimdin, ~d~n ~d Ass~iat~, L,L,P, P~OER'S ADDiS 5147 ~11o D~v~ Napl~, FL 34103 ~LEPHOE 941-262-8686 AG~'S N~ . M~g~et Pe~, AICP AG~'S ~D~S Wil~n, Miller, ~0n ~d P~k, InC.; 32~ ~ley ~e. Sui~ 2~ Naples, FL 34105 ~LEPHOE 941-~94~0 LEAL D~C~ON OF S~CT PROPETY: LOT(S) 2, 3 BL~K(S) C S~D~SION $o~ent0 G~dens. Unit 1 SE~ON 15 TO~S~ 49 South ~GE ~ ~t ~f leg~ d~fipfion is leng~y, i.e., met~ ~d ~unds d~pfion, a~ch addifionM ~ge) C~ ZO~G OF SECT PROPETY C-1 E~S~G L~ USE ON S~ PROPERTY Of~ building now ¢xiS~ on pro~ (G~d~. ~dwin ~d As~iates, Ce~ifi~ Public A~unmB) ~JACE~ ZO~G A~ LA~ USE ZO~G LA~ USE N C-1 0ffi~ building (den~, legS. in~or design) S C-1 Offi~ building OegM, fin~ci~ ~i~s) E RSF4 Develo~ single family homes ('across C~tello Drive) W C4 Offi~ Building ~ewgate Center) ~~M YA~ ~QU~EME~S FOR SU~ET PROPERTY FRO~: 25 f~t CO~R LOT: NO/Y~ (C~CLE S~E: 15 f~t WA~O~ LOT: NO/~ (C~CLE EAR: 15 f~t 03114-0~ 1 -PVAK-22611 NATURE OF PETITION Provide a detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e., reduce front setback from to 18'; when property owner purchased property; when existing principal structure was built (include building permit number if possible); why encroachment is necessary; how existing encroachment came to be; etc. The office building was constructed approximately 20 years ago, and purchased by Girardin, Baldwin and Associates, L.L.P., on September 8, 1994. Since purchasing the property, the owners have provided significant improvements to the site including total remodeling of the structure, the removal of an asphalt driveway on the south side of the building, and the installation of interior and perimeter landscaping. The owner wishes to construct a three-vehicle covered parking structure behind the office building over existing parking spaces. These covered spaces will be used by employees of the firm, and will provide shelter from the elements of nature for their vehicles. In order to construct the covered parking spaces, a variance is required to reduce the rear yard setback from the required 15 feet to zero feet; a reduction of 15 feet. An alley running parallel to Castello Drive is located behind the office building, and 12 parking spaces used by employees of Girardin, Baldwin are located adjacent to this alley. The alley is closed to through traffic by a cast iron gate which is installed just south of the existing 12 parking spaces. Most business establishments located on Castello Drive and U.S. 41 between Castello Drive and Milano Drive also provide parking to the rear and/or sides of the structures. Please note that staff and the Collier County Planning Commission shall be guided in their recommendation to the Board of Zoning Appeals, and that the Board of Zoning Appeals shall be guided in its determination to approve or deny a variance petition by the below listed criteria (1-8). (Please address this criteria using additional pages ff necessary.) 1. Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the !and, structure or building involved? One special condition in the area is that the structures located on Castello Drive have a 30 foot alley located to the rear of the buildings. Some of these businesses provide employee parking along this alley, while others provide both employee and customer parking. 2. Are there special eonditious and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request? The parking spaces located to the rear of the Girardin, Baldwin office building have been in existence since the building was constructed, approximately 20 years ago. The business owner and their employees make use of these spaces and, therefore, are able to provide an adequate and convenient parking area at the front entrance for use by customers of the establishment. 3. Will a literal interpretation of the provisions of this zoning code work unnece hardship or create practical difficulties on the applicant? -2- FEB E 3 1999 0311zl-000-00|-PVAR-':'2611 ,,0. '5' _. The parking spaces are already in existence. The applicant wishes to construct covered parking over three of these spaces to protect employees' vehicles from the elements of nature. A literal interpretation of the zoning c.~le (i.e., the requirement of a 15 foot rear yard setback) will create a practical difficulty for the applicant by not permitting him to better protect the property of himself and his employees. 4. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of land, building, or structure and which promote standards of health, safety or welfare? Yes, the requested 15 foot reduction in the rear yard setback is the minimum variance for the construction of the covered parking. Access in and out of the covered spaces will not inhibit the flow of traffic since the alley is permanenfiy closed directly south of the existing 12 parking spaces. This requested reduction is reasonable and the construction of covered parking for three vehicles will not have a negative effect on the public health, safety, or welfare. 5. Will granting the variance requested confer on the petitioner any special privilege(s) that is denied by those zoning regulations to other lands, buildings or structures in the same zoning district? All businesses located along Castello Drive which have rear parking with access to the alley are permitted to apply for a variance to the rear yard setback requirement. The granting of this variance for covered parking does not convey any special privileges to the applicant which other businesses could not achieve if their application were approved by the Board of Zoning Appeals. 6. Will the granting of this variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? The proposed covered parking area will be located at the rear of the office building and will not be easily visible from Castello Drive. Construction of this facility will not be injurious to the neighborhood or detrimental to the public welfare. Included as an attachment to this application, are letters of no objection from property owners to the north, south, and west of the subject property. 7. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc.? Not applicable. 8. Will granting the variance be consistent with the growth management plan? The subject site is designated Activity Center on the Future Land Use Map, and the existing office building is in full compliance with the Growth Management Plan. The Growth Management Plan does not specify guidelines or requirements for the location of covered parking. It is the applicant's position that the construction and use of covered parking in this location is in compliance with Collier County's Growth Management Plan. w0,,-.PE Y -3- FEB 2 :! 1999 03114-000-001-PVAR-22611 p~._/0 _ AFFIDAVIT I, Peter L. Girardin being first duly sworn, depose and say that I am the owner of the property described heroin 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 my knowledge and belief. I understand this application must be complete and accurate before a h. earing can be advertised. I further permit Margaret Perry_. AICP, of Wilson, Miller, Barton and Peek, Inc. to act as my representative in any matters regarding this Petition. ./~'/~/~//12' SfGNXTURE OF OWNER STATE OF FLORIDA COUNTY OF COLLIER The fo.regoing Application was acknowledged before me this ~13~ day of Aft& , 199~_, by 'P. dc~ L. ~;n,~.oA. CX~. , who is 12ersonally known to me u as identification and who did (did not) take an oa;?e (Signature of Notary Public) NOTARY PUBLIC Commission # OFRcJ^t~ Ncrn~RY s~:^ ?""~ My Commission Expires: "~- '7- z-ooo SHARON LEA FIiRENC~ COMMBSION NO. CC~N-.ie,: l MY COMMISSION F_.XP IL! v -...,;~ i ......... S aN/ATtmE STATE OF FLORIDA COUNTY OF COLLIER e oregoing A 'cation was acknowledged before me this ~,~y of~ C. fi~It/A-/3~ , 199~5, by~);tx-~d~ ~ , who is personally known to o has produced is i(dentification a~l who di~ (did not) take ' ,. ,ore t?h'. ° NOTARY pllpa · . COITIII!ISSIOn ,-..~: .i'~,~ /c~ -4- Ff B 14-000-001-PVAR-22611 C.C. DEVELOPMENT COMPANY OF NAPLES, L.C. 809 Walkerbilt Road, Suite 6 Naples, Florida 34110 941-597-1316 fax 941-597-8761 November 12, 1998 Board of Collier County Commissioners ,.. 3301 East Tamiami Trail Naples, Florida 34112 Re: Variance Petition - Girardin Baldwin & Associates LLP To Whom It May Concern: My partner and I own the property that is directly north of Girardin, Baldwin & Associates. We have reviewed their plans for covered parking at the property. Please consider this letter our notification that we have no objection to placement of the parking structure as requested by the petition and in fact, we support this variance petition and hereby urge you to approve it. Sincerely, Raymond P. Bemier F E B g 3 1999 EXECUTIVE DEVELOPMENT CORPORATION 5150 NORTH TAMIAMI TRAIL SUITE 601 NAPLES, FLORIDA 34103 (941) 643-4474 November 9, 1998 Board of Collier County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Re: Variance Petition - Girardin Baldwin & Associates LLP To whom it may concern: My parmer and I own the property that is directly west of Girardin Baldwin and Associates. We have reviewed their plans for covered parking at the property. Please consider this letter our notification that we have no objection to the placement of the parking structure as requested by the petition and in fact, we support this variance petition and hereby urge you to approve it. Silce~el?~_~ Ph~Lewallen President Executive Development Corporation FEB 2 3 1999 COMMERCIAL DEVELOPMENT COMPANY 5150 NORTH TAMIAMI TRAIL SUITE 601 NAPLES, FLORIDA 34103 (941) 643-2544 November 9, 1998 Board of Collier County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Re: Variance Petition - Girardin Baldwin & Associates LLP To whom it may concern: My partner and I own the property that is directly south of Girardin Baldwin and Associates. We have reviewed their plans for covered parking at the property. Please consider this letter our notification that we have no objection to the placement of the parking structure as requested by the petition and in fact, we support this variance petition and hereby urge you to approve it. Si er?17,~./ Ph~ewallen President Commercial Development Company AGEN T M F E B 2 3 999 r/' | ~!; I ;. ,.-- ~.. .~ CASTELLO DRIVE RESOLUTION NO. 99- RELATING TO PETITION NUMBER V-98-24, FOR A VARIANCE ON PROPERTY KBREINAFTER 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 r~gulations 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 establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a 15-foot variance from the required rear yard setback of 15 feet to -0- feet as shown on the attached plot plan, Exhibit "B", in a C-I Zone for the property hereinaf~er described, and has found as a matter of fa~t that satisfactory provision and arrangement have been made concemin8 all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the ,mincorporated area of Collier County; and WHEREAS, all interested parties have been given oppommity to be heard by this f~:-, Board in public meeting assembled, and the Board having considered all matters presented; f.- NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition V-98-24 filed by Margaret Perry, AICP, of Wilson, Miller, Barton & Peak, Inc., representing Girardin, Baldwin and Associates, L.L.P., with respect to the ~:~ .,, property hereinafter described as: Exhibit "A" be and the same hereby is approved for a 15 foot variance ~'om the required rear yard setback of 15 feet to -0- feet as shown on the attached plot plan, Exhibit "B', of the C-1 Zoning ' District wherein said property is located, subject to the following conditions: This variance is only for the carports as shown on the plot plan (Exhibit "B") 3 1999 4 BE IT RESOLVED that this Resolution relating to Petition Number V-98-24 be ~.~ 5 recorded in the minutes of this Board. 6 This Resolution adopted after motion, second and majority vote. v Done this day of ,1999. 9 ATTEST: BOARD OF ZONING APPEALS ~ 0 DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA 12 ::: :4 Pamela S. MacKie, Chairwoman 15 :6 Appwved as to Form and Legal Sufficiency: 17 20 Marjori~M. Student t : 2 ~ Assistant County Attorney 22 2 3 f/V-98-24 RESOLUTION 24 :~- . LEGAL DESCRIPTION Lots 2 and 3, Block "C", Sorrento Gardens, Unit 1, as recorded in Plat Book 3 page 71 of the Collier County public Records. FEB 2 3 1999 r)OSllNG CO~'RED PARKING s e ~ IFXISTINC COV[RED PARKING 9 S~AC~S o,~ 9 S~AC[S !X3511NC~ PARlaNG ° I CASTELLO DRIVE ;. F E B 2 3 1999 ~' :L :E:XH]:BIn: "B" EXECUTIVE SUMMARY PETITION V-98-25, TODD NICUSANTI, NICUSANTI BUILDING CORPORATION, REPRESENTING CURT A. SAHLSTEN, REQUESTING AN AFTER-THE-FACT VARIANCE OF 5 FEET FROM THE REQUIRED FRONT YARD SETBACK OF 30 FEET TO 25 FEET FOR PROPERTY LOCATED AT 273 JOHNNYCAKE DRIVE, FURTHER DESCRIBED AS LOT 6, JOHNNYCAKE COVE, IN SECTION 24, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FL. OBJECTIVE: The petitioners request a 5-foot after-the-fact variance from the required 30-foot front yard setback for a structure to allow construction to continue on a single-family house. CONSIDERATIONS: The petitioner submitted an application for a building permit and the site plan submitted with the application indicated a front setback of 40 feet). The Building Permit (1998091760) was issued on October 20, 1998. The County requires a lOoday spot survey, so that setback errors may be brought to the attention of the property owner at an early stage, without extensive reconstruction. In the 10 days prior to submittal of the spot survey, inspections may be scheduled at the property owner's risk, but may not be approved until submission and approval of the spot survey. A tie beam inspection was scheduled and rejected twice prior to the submittal of the spot survey. The property owner apparently continued with'construction until the spot survey was submitted on November 4, 1998, at which time a 5-foot encroachment was identified. The Building Review & Permitting Director determined that no further work should be done on the house, pending the approval of a variance petition. FISCAL IMPACT: Since the subject property is a platted lot with infrastructure to support a single family home, approval of this petition would have no additional fiscal impact on the County. GROWTH MANAGEMENT IMPACT: Since the use is single family residential and within the parameters of the Density Rating System, the use of the property proposed for the variance is consistent with the Future Land Use Element of the Collier County Growth Management Plan. F E B 2 3 1999 HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioners' property is not located within an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, an Historical/Archaeological Survey and Assessment or waiver is not required. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission reviewed this petition on February 4, 1999. At the hearing, there was much debate about the fact that the house had been constructed far beyond the stage at which a spot survey is typically submitted. The Commission heard testimony from the owner of the adjacent house (Lot 7, Johnnycake Cove), who stated that she would favor approval of the variance if additional landscaping were installed to "soften" the view from her home. By a vote of 6 to 3, the CCPC forwarded Petition V-98-25 to the Board of Zoning Appeals with a recommendation of approval. PREPARED BY: F SENIOR PLANNER DATE C/I~RENT PLANNING REVIEWED I~: i~IALD F. NINO, AICP DATE CURRENT PLANNING MANAGER R J. MULHERE, AICP DATE PLANNING SERVICES DIRECTOR APPROVED BY: Vi'NCF_,~T A. CAUTERO, AICP DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR executive summaryN-98-25 F r 9 2 3 1999 2 AGENDA iTEM 7-D MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: FRED REISCHL COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: JANUARY 6, 1999 RE: PETITION V-98-25 AGENT/APPLICANT: Owner: Curt A. Sahlsten 644 Hickory Road Naples, FL 34109 AGENT: Todd Nicusanti Nicusanti Building Corporation PO Box 689 NapLes, FL 34106 REQUESTED ACTION: The petitioner requests a 5 foot after-the-fact vadance from the required 30 foot front yard setback for a principal structure, along the south property line to allow the completion of the structure. GEOGRAPHIC LOCATION: The subject property is Lot 6, Johnnycake Cove, located at 273 Johnnycake Drive. FEB g 3 1999 PURPOSE/DESCRIPTION OF PROJECT: The petitioner wishes to allow a single family home under construction to remain on the subject property. The petitioner submitted an application for a building permit indicating a front setback of 25 feet and a rear setback of 30 feet (the opposite of the required setbacks). This error was corrected on the application. The site plan submitted with the application indicated a distance of 25 feet from the front of the building to a 15-foot utility easement (a total of 40 feet for the front setback). The Building Permit (1998091760) was issued on October 20, 1998. The County requires a 10-day spot survey, so that setback errors may be brought to the attention of the property owner at an early stage, without extensive reconstruction. In the 10 days prior to submittal of the spot survey, inspections may be scheduled at the property owner's risk, but may not be approved until submission and approval of the spot survey. A tie beam inspection was scheduled and rejected twice. The property owner apparently continued with construction until the spot survey was submitted on November 4, 1998, at which time the encroachment was identified. The Building Review & Permitting Director determined that no further work should be done on the house, pending the approval of a variance petition. The survey submitted with this variance request indicates a front setback from the property line of 25 feet, 5 feet less that the required 30 feet and 15 feet less than the 40 feet indicated on the site plan. SURROUNDING LAND USE AND ZONING: Subject: Single family house under construction; zoned RSF-3 Surrounding: North - Lot 6, Mentor Pines; zoned RSF-3 East - Lot 7; zoned RSF-3 South - Johnnycake Drive ROW West - Lot 5; zoned RSF-3 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. Therefore, an Historical/Archaeological Survey and Assessment or waiver is not required. F E B 2 3 1999 EVALUATION FOR IMPACTS TO TRANSPORTATION, INFRASTRUCTURE AND ENVIRONMENT: Approval of this variance request will have no effect on infrastructure, transportation or the environment. ANALYSIS: Section 2.7.5 of the Land Development Code grants the authority to the Board of Zoning Appeals to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Section 2.7.5.6.1 through 2.7.5.6.8, which are general guidelines to be used to assist the Commission in making a determination. Responses to the items in Section 2.7.5.6 are as follows: a. Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or building involved? No. The subject improvements could have been configured to fit on the property with the required setbacks an.d. the site plan submitted with the application indicated that the proposed structure would meet required setbacks. b. Are there special conditions and circumstances, which do not result from the action of the applicant such as pre-existing conditions relative to the property, which is the subject of the variance request? No. A tie beam inspection was scheduled, and construction continued, despite the fact that no spot survey had been approved. c. Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? There is no land-related hardship. However, the Petitioner continued with construction after the scheduling of a tie beam inspection. Denial of this variance would cause financial hardship to the Petitioner. d. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? F E B 2 3 1999 3 Pc~. Yes. The structure is existing and therefore would be the minimum variance required. e. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes, this variance will allow the petitioner to have a smaller front yard than would be permitted for a similar lot in the RSF-3 zoning district. f. Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? No, granting of this variance will reduce the amount of the required yard, which will not be in harmony with the general intent and purpose of the LDC. However, approval of this request will not be detrimental to the public welfare. Approval will be injurious to the neighborhood only aesthetically. g. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? Yes. The house is over 50 feet from the edge of pavement. h. Will granting the variance be consistent with the Growth Management Plan? Approval of this variance will not affect or change the requirements of the Growth Management Plan. STAFF RECOMMENDATION: Despite the fact that the house is over 50 feet from the edge of pavement, staff is constrained from recommending approval because there is no land-related hardship, and therefore recommends that the CCPC forward Petition V-98-25 to the BZA with a recommendation for denial. FFB 2 3 1999 PREPARED BY: ~~.~ / .~& .z~' FRED~REISCHL, SENIOR PLANNER DATE CURRENT PLANNING / VIEWED ,: i NALD F. NINO, AICP DATE CURRENT PLANNING MANAGER , AICP DATE PLANNING SERVICES DIRECTOR VINCENT A. CAUTERO, AICP "DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR Petition Number: V-98-25 Staff report for the February 4,1999 CCPC meeting. This Petition has been scheduled for the February 23, 1999 BZA Public Hearing. Collier County Planning Commission: 1999 V-98-25 View across the front yard of Lot 7, with the encroaching portion of the subject structure in the background. Subject house under construction. FEB 2 3 1999 VARIANCE PETITION (VARIANCE FROM SETBACK (S) REQUIRED FOR A PARTICULAR. ZONING DISTRICT) Petition No. Date Petition Received: Commission District: -~ Planner Assigned: X ABOVE TO BE COMPLETED BY STAFF GENERAL INFORMATION: Pe~tioner', Name: Petitioner's Address: ~ ~cg Agent's Name: ' COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 1800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403.-2400/FAX (941) 643-6968 FEB g 3 1999 // Complete the following for all 'As;;~(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: Mailing Address City State ~ Zip. Name of Homeowner Association: Mailing Address City State ~ Zip . Name of Homeowner Association: Mailing Address City State __ Zip Name of Master Association: Mailing Address City State __ Zip Name of Civic Association: Mailing Address City State __ Zip PROPERTY DESCRIPTION: Legal Description of Subject Property: Subdivision: J,..k.ss-t C.~lt~ E-a~ Unit Lot (s) [4~ Block (s) Section ;, .q- Twp. /4 g Range ~ Property I.D. # ~r~ 6,e.~er~ t~t,Z Metes & Bounds Description: N F E B g 3 1999 Address of Subject Property: (If different from Petitioner' s address) Current Zoning and Land use of Subject Parcel: Adjacent Zoning & Land Use: E |x Minimum Yard Requirements for Subject Property: ! Front: ~ Comer Lot: Yes [] No ~ Side: "'[.~ Waterfront Lot: Yes [] No Rear: F E B ~ 3 1999 Pc{. Nature of Petition Provide a detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce ~'ont setback from 25' to 18'; when property owner purchased property; when existing principal structure was built (include building permit number (s) if possible); why encroachment is necessary; how existing encroachment came to be; etc. F E B 2 3 1999 __,p.. /y Please note that staff and the Collier County Planning Commission shall be guided m their recommendation to the Board of zoning Appeals, and that the Board of zoning appeals shall be guided m its determination to approve ot deny a variance petition by the below listed criteria (1-8). (Please address this criteria using additional pages if necessary.) I. Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. 2. Are there special conditions and circumstances which do not result from the action oft he applicant such as pre-existing conditions rehtive to the property which is the subject of the variance request. 3. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. 4. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or sla'ucture and which promote standards of health, safety or weftare. FEB 3 1999 5. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district. 6. Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise deUirnental to the public welfare. 7. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. 8. Will granting the variance be consistent with the growth management plan. FEB 2 3 1999 We/I, ~ t/V,, 7' A,. ,5'A IJL,~7'F-4~ . being first duly sworn, depose and say that we/I am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We/I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shah not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner We/I,further authorize i~f [ CrJSAgY't '~LD6'. CO. _t~P. to act as our/my representative in any matters regarding this Petition. Signa~operty Owner Signature of Property Owner Typed or Printed Name of Owner Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this. ~_~J~, day of ~~hg.~_, 19qt~, by C~fX~ h Sc,_k~ ~c~ who is personally known to me or has prodaced l[L~hk~ ~q;}2~--tC)|o94.-ql,{r~-4~ identification. State of Florida ................ ~~)L~ ~~ ;db ~btic - of (s ' st ff co., o/ co[i ' ,i .....~ ~'i (Print, Typ~ or Stamp G .~o~ " ' ' '~ ": "" ' ~' Name of Nota~ Publk 2-ESOLUTION NO. ',,'~- :- R.EL~TING TO PETITION N;L2vlBER \,'-08-25. 4 FOR .4.N .~FTER-THE-FACT VARIANCE ,)N ! PROPERTY HEREIN:-MrTER DESCRIBED iN ~ COLLIER COL.'NTY. FLORIDA. ? WHEREAS. the Legislature of the State of Florida in Chapter i25, Florida Statutes. has :-0 conferred on all counties in Ftonda the power to establish. coordinate and enforce zornrig and such :.z business regulations as are necessary. for the protection of the public: and 22 WHE1LEAS. the County, pursuant thereto has adopted a Land Development Code iOrdinance 13 No. 91-102} which establishes regulations/br the zoning of particular geographic divisions of the :4 County, among which is the granting of variances: and Is WHEREAS. the Board of Zomng Appeals. being the duly elected consntuted Board of the :6 area hereDy affectea. has held a public hearing after nonce as tn said regulations made and provided. :7 and has considered the advisability. of a 5-foot variance from the required front yard setback of 30 :.s feet to 25 feet as shown on the attached plot plan. Exhibit "A", in an RSF-3 Zone for the property. 19 hereinafter described. and has found as a matter of fact that satisfactory. provision and arrangement :o have been made concerning all applicable matters required by said regulations and in accordance 2:- with Section 2,7,5 of the Zoning Regulations of said Land Development Code for the 22 tanincorporated area of Collier County; and 23 WHEREAS, all interested parties have been given opportunity. to be heard by this Board in 24 public meeting assembled. and the Board having considered all matters presented: 2s NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of 2s Collier Coun.ty, Florida. that: 27 The Petition V-98-25 filed bv Todd Nicusanti of Nicusanti Building Corporation. :B representing Curt A. Sahlsten, with respect to the property. hereinafter described as: 30 Lot 6. Johnnycake Cove, Plat Book 28, Pages 1 and 2 in the Public 3 ~ Records. Collier County, Florida be and the same hereby is approved for a 5-foot variance from the required front yard setback of 30 feet to 25 feet as shown on the attached plot plan, Exhibit "A", of the RSF-3 Zoning District wherein said property. is located. subject to the following conditions: 1. This vansnee is for the encroachment depicted on Exhibit "A". - F E B g 8 1999 -L- 2. Should the structure be destroyed. for anv reason. to an extent equal to or ~eater than 50 percent of the actual replacement cost of the structure at the time of its destruction, any 4 reconstruction shall conform to the provisions of the Land Development Code in effect at the time of reconstruction. 7 BE IT RESOLVED that this Resolution relating to Petition Number V-98-25 be s recorded in the minutes of this Board. ~ This Resolution adopteel ~fter motion. second and majority vote. :0 Done this day of .1999. 11 12 ATTEST: BOARD OF ZONING APPEALS :3 DXVlGHT E. BROCK, Clerk COLLIER COLrNTY. FLORIDA 14 :7 Pamela S. MacKie, Chairwoman Approved as to Form and Legal Sufficiency: 20 21 23 Marjo~d~ M. Student 24 Assistant County Attorney 25 26 f'v-98-25 RESOLUTION 28 F E B 2 3 1999 -2- EXECUTIVE SUMMARY AUTHORIZE THE CHAIRWOMAN TO SIGN THE AGREEMENT FOR THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION ARTIFICIAL REEF GRANT. OBJECTIVE: That the Board of County Commissioners authorize the Chairwoman to sign the Agreement for the $25,000 grant for artificial reef construction offered by the Florida Department of Environmental Protection (FDEP). CONSIDERATIONS: 1. The Collier County Artificial Reef Program administered by the Natural Resources Department has been awarded a $25,000 grant for artificial reef construction. 2. The funds are made available by the Federal Wallop-Breaux program and offered through FDEP Sport Fish Restoration Grants. 3. The grant funds will be used to construct a new artificial reef in Collier County. A copy of the referenced 16 page Standard Form Grant Agreement (OFMAS-118) is 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 IMPACT: If accepted the grant money will support Objective 7.1 of the Conservation and Coastal Management Element of the County Growth Management Plan. FISCAL IMPACT: The grant money will reimburse the Natural Resources Department fund #117-178280. RECOMMENDATION: NAGE I [ The Board of County Commissioners authorize the Chairwoman to sign the Agreen ent o-~ accepting the FDEP $25,000 artificial reef construction grant. F E B 2 3 1999 Prepared by;~,:,?c '_5:fZ~ .,C~';)~.~z'o ? Date: Keyin H. Duga~,:Sr~qEnvirc~nmental Specialist Reviewed by~tliam D. Lore~i~, Jr., P.~., IS~rector Date: Z- I o · e39 Natural Resources Department Approved by: ~/- ~ Date: c~'c/e""' ':~ '~ Vincent A. Cautero, AICP, Administrator Community Development & Environmental Services Division F E B ~ 8 1999 · p.g:...~ ..e,~- .... DEP GRANT NO. OFMAS-118 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF MARINE RESOURCES FLORIDA ARTIFICIAL FISHING REEF PROGRAM GRANT AGREEMENT TI-{IS AGREEMENT is entered into between the STATE OF FLOEIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard, Mail Station 240, Tal]ahassee, Florida 32399-3000 (hereinafier referred to as the "Department") and the COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, whose address is 3301 East Tamiami Trail, Building H, Naples, Florida 34112. Whereas, the Department has received U. S. Fish and WilcLlife Service (USEWS) Federal Aid in Sport Fish Restoration grant funds (CFDA No. 15.605) in support of the Department's marine artificial reef planning, assessment and development in Florida; and, \Vhereas, Section 370.25, Florida Statutes, created an artificial fishing reef program within the DeparUnent to, in part, provide grants and technical assistance to eligible nonprofit OrgaxljTa~ion-~ for developing, mortitori~g, or evaluating saltwater artificial risking reefs; and Whereas, the Collier County Board of County Commissioners Cnereinafter referred to as the "Count,.''~) is a coastal local goverument as de~.ned in Chapter 62R-9.002(4), Florida Adrrdnistrative Code, and Whereas, Chapter 62R-9, Florida Administrative Code, establishes rules for the adminj~ration of this grant program; and Whereas, the Count)' ~o-rees to perform the services described herein, or hereinafter authorized upon the terms and conditions stated. Now, therefore, in consideration of the mutual benefits to be derived herefrom, the Department and the Count)' do hereby agree as folloxvs: 1. The Department does hereby retain the County to perform the saltwater artificial fishing reef project as defined herein and the County does hereby agree to perform such services upon the terms and conditions set forth in the Agreement, Attachment A (Scope of Services): and all attachments and e.xhibits named herein which are attached hereto and incorporated by reference. 2. The County shall perform the services in a proper and satisfactory maxmer as determined by the Department. Any and all equipment, products, or materials necessary to perform this Agreement shall be supplied by the County or its subcontractor, unless specified herein. 3.The County shall perform as an independent contractor and not as an agent, representative, or employee of the Department. Page 1 of 9 FEB 2 3 1999 ~ 4. As consideration for the saltwater artificial fishing reef project as described in Attachment A (Scope of Services), completed "by the County under the terms of this Agreement, the ' Depamnent shall pa.v the County a sum not to exceed $25,000 on a cost reimbursement basis. All requests for payment and disbursement of funds shah be made in strict accordance ~vith provisions of Attachment A and Chapter 62R-9, Florida Administrative Code. An itemized listing by category of all expenditures claimed along with supporting documentation for each amount for which reimbursement is being claimed is required. All itemized paid invoices/receipts clearly reflecting dates of service and submitted along with copies of canceled checks ,(or check numbers and certification of payment by the County) for pa.vrnent reimbursement shall, under this Agreement be submitted in dotaft sufficient for a proper pre- audit and post-audit thereof, as required by the Department. 5. This Agreement shall become effective upon execution by both parties and end on June 30, 1999, inclusive. The saltwater artificial fishing reef project described in Attachment A must be completed by the end date of this Agreement. In accordance with Section 287.058(2), Florida Statutes, for contractual services exceeding the amount provided in Section 287.017, Florida Statutes for Category Two, the County. shall not be eligible for reimbursement for services rendered prior to the execution date of this Agreement. Reimbursement of payment by the County for an>, pro-deployment dive survey services for this project as described in Attachment A performed prior to the execution of this Agreement shah be allowed. In the event the saltwater artificial fishing reef project is not complete by said date, the Department will have the right to cancel its obligations of any and all financial assistance granted for the said salt~vater artificial fishing reef project. The Deparm~ent and the Count',' fully understand 0--- and agree that there shah be no reimbursement of funds by the Department for any obligation or expenditure after expiration of the Agreement. 6. The State of Flofida's performance and obligation to pay under this Agreemenr~ if the Agreement period extends into a new fiscal year, is contingent upon an annual appropriation by the Legislature and certification of the saltwater artificial fishing reef project funds forwarded in the FCO Grants category. 7. Pursuant to Section 215.422, Florida Statutes, the Department's Contract Manager shall have five (5) working days, unless otherwise specified herein, to inspect and approve the serx~ces for payment upon receipt of a complete and accurate request for pa.wnent package; the Department must submit a request for payment to the Florida Department of Banking and Finance within twenty (20) days; the Department of Banking and Finance is given ten (10) days to issue a warrant. Days are calculated from the latter date the invoice is received or services received, inspected and approved. Invoice payment requirements do not start until a proper and correct invoice and other required supporting documentation have been received. Invoices which have to be returned to the County for correction(s) will result in a delay in pa.wnent. A Vendor Ombudsman has ben established with the Florida Department of Banking and Finance who may be contacted if the County is experiencing problems in obtaining timely payment(s) from a State of Florida agency. The Vendor Ombudsman may be contacted at 850/488-2924 or 1- 800-848-3792. 8. In accordance with Section 215.422, Florida Statutes, the Department shall pay the Countv interest at a rate as established by Section 55.03(1), Florida Statutes, on the unpaid balance, if invoice and receipt,. inspection and approval of the goods and services. Interest payme Page 2 or 9 F E Et 2 B 1999 less than $i will not be enforced unless the County requests payment. The interest rate established pursuant to Section 55.03(1), Florida Statutes, by Comp.troller's Memorandum No. 3 (1997-98) dated December 3, 1997, has been set at 10.0% per annum or .02740% per day. The revised interest rate for each calendar year beyond 1998 for which the term of this Agreement is in effect can be obtained by calling the Department of Banking at the telephone number provided above or at the Department's Contracts Section at 850/922-5942. 9. Each party hereto agrees that it shall be solely responsible for the negligent or xwongful acts of ,... its employees and agents. However, nothing contained herein shall constitute a waiver by the Department of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. The Department shall have no liability except as specifically provided for in this Agreement. 10. The Department mav terminate this Agreement at any time in the event of failure of the County. to fulfill any of its obligations under this Agreement. Prior to termination,. the Department shall provide the Count' written notification of any performance failures and the Cotmr,, shall have ten (10) calendar days, from receipt of notification, to consult ~ith the Department regarding the reason(s) for termination. If the parties cannot reach an agreement on the corrective measures to be taken and the schedule for corrective action, the Department may terminate this agreement by providing a minimum of fifteen (15) calendar days x~itten notice to the County. Said notice shall specify the effective time and date of termination. Either the Department or the Countv may terminate this Agreement for convenience by wrinen notice which clearlv describes the basis for termination. Notice shall be sufficient if delivered personally or by certified mail to the addresses set forth in paragraph 11. 11. Anv and all notices shall be delivered to the parties at the follo~ing addresses: Department: Mr. Jon Dodrill Environmental Administrator (Contract Manager) Department of Environmental Protection Office of Fishcries Management and Assistance Services Mail Station 240 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Count~': Mr. Kevin H. Dugan (Contract Manager) Collier County Department of Natural Resources 3301 East Tamiami Trail, Building H Naples, Florida 34112 12. Pursuant to Section 216.2815, Florida Statutes, all records in conjunction with this A_m-eement shall be public records and shall be treated in the same manner as other public records under general law. This Agreement may be unilaterally canceled by the Department for refusal by the County to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received bv the County in conjunction ~vith this Agreement. 13. The Count,,' shall maintain books, records, and documents directly pertinent to performance under this Agreement in accordance v,~th generally accepted accounting principles consistently _ applied. The Depaxunent, the State, or their authorized representatives shall have ~c,ess h~d]~ Page 3 of 9 ~ FEB 1~ 3 1999 such records for audit purposes during the term of this Agreement and for three (3) years following Agreement completion. In the event any work is subcontracted, the Count-,' shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. 14. A govemmental entity receiving funds from a grants and aids appropriation by a state agency shall: For con.tracts valued at $25,000 or less: In accordance v, ith Section 216.349, Florida Statutes (financial reviexv of grants and aids appropriations), the County shall provide to the Department a sworn statement,. signed by the County's chief officer under penalty of perjury, confirming that the Counr,~ has complied with the provisions of this Agreement. The Department reserves the right to recover costs for failure to comply with Section 216.349, Florida Statutes. Copies of the sworn statement, or audit as applicable, shall be sent to each of the following within thirteen (13) months after the completion of the County's fiscal year in xx~ch this Agreement was completed. Jon Dodrill, Contract Manager Department of Emiromnental Protection 3900 Comrnonwealth Boulevard, MS 240 Tallahassee, Florida 32399-3000 -Audit Director Department of Emirom'nental Protection 2600 Blair Stone Road, MS 40 Tallahassee, Florida 32399-2400 -Audit Manager Office of the Auditor General P.O. Box 1735 Tallahassee, Florida 32302 15. The Department's Contract Manager is Jon Dodrill, Environmental Administrator, telephone (850) 922-4340, FAX (850) 922-0463. The County's Contract Manager is Ke,&~ Dugan, telephone (941) 732-2505, FAX (941) 774-9222. All matters shall be directed to the Contract Managers for appropriate action or disposition. 16.The County covenants that it presently has no interest and shall not acquire any inter~-t which would conflict in any manner or degree with the performance of services required. 17. This Agreement has been delivered in the State of Florida and shall be construed in accordance xvith the laws of Florida. Wherever possible, each provision of this AFeement shall be interpreted in such manner as to be effective and valid under applicable law but if any provision of this Agreement shall be prohibited or invalid under applicable law. s~ _-h wrnvicinn shall be ineffective to the extent of such prohibition or invalidit>.', without in,,' ' ;' ~G~'~/ remainder of such pro~sion or the remaining provisions of this Agreement. Any :tion hereon or in connection here~ith shall be brought in Leon County, Florida. Page 4 of 9 V E B ~ 18. No delay or failure to exercise any right, power, or remedy accruing to either party. upon breach or default by either party under this Agreement, shall impair any such right, power, or remedy of either part).'; nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or default thereafter. 19. The County. reco~izes that the State of Florida, by virtue of its sovereignty, is not required to pay any taxes on goods or services purchased under the terms of this agreement. 20. This Agreement is neither intended nor shall it be construed to grant any rights, privileges, or interest in any third party' without the mutual written agreement of the parties hereto. 21. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in; be denied the proceeds or benefits of or be otherx~ise subjected to discrimination in performance of the Agreement. 22. This Agreement is an exclusive agreement for services and mav not be assigned in whole or part without the xwitten approval of the Depacunent. 23. The County shah not subcontract, assign, or transfer any work under this Agreement without the prior v,Titten consent of the Department's Contract Manager. The Count',' agrees to be responsible for the fulfillment of all work elements included in an>' subcontract consented to by the Department and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the Count>' that the Department shah not be liable to anv subcontractor for any expenses or liabilities incurred under the subcontract and that the Count',' shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. 24. To the extent required bv law, the County xvill be self-insured against, or x~ill secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all of his employees and volunteers connected with the work of this project, and, in any case work is subcontracted, the Count,., shall require the subcontractor similarly to provide Workers' Compensation Insurance for all the latter's employees unless such employees are covered bv the protection afforded by the County. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of workers engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes, the County shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of his workers not otherwise protected. 25. The County warrants and represents that it possesses liabili~' insurance, appropriate and allowable under Florida law, and that such insurance offers protection applicable to the County's officers, volunteers, servants, and agents while acting within the scope of their work with the Count>'. 26. The purchase of non-expendable equipment costing $500 or more is not authorized under the terms of this Agreement. 27. In accordance with Section 216.347, Florida Statutes, the County is hereby pro dbkech~~7' using funds provided by the Agreement for the purpose of lobbying the Legislature the judicial branch or a state agency. Pursuant to the Lobbying Disclosure Act of 1995, the C, ,untv Page5 of 9 'FIB 2 3 1999 --- agrees to refrain from entering into any subcontracts under this Agreement with any organization described in Section 501(c)(4) of the Internal Revenue Code of 1986, un]ess such " organization warrants that it does not, and will not, engage in lobbying activities prohibited by the Act as a special condition of the subcontract. 28. The Department max, at any time, by written order designated to be a change order, make any change in the work ~qthin the general scope of this Agreement (e.g., speci~catio~ method or manner of performance, requirements, etc.). All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change order which causes an increase in the County's co~ or time shall require formal amendment to this Agreement. 29. The employment of unauthorized aliens by any subcontractor/vendor is considered a riolation of Section 274A(e) of the Immigration and Employment Act. If the subcontractor/vendor kno~vingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. 30. A person or affiliate who has been placed on the convicted vendor list folloxxing a conviction for a public entin' crime may not perform work as a grantee, contractor: ~pplier, subcontractor, or consultant under a connet with any public entity, and may not transact business with an>' public entity in excess of the threshold amount provided in Section 287.017 Florida Statutes, for Category Two for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. "' 31. The County shah comply' ~vith all applicable federal, state, and local rules and re~a!,...tions in providing services to the Department under this Agreement. The County ackmowle~,.g_~es that this requirement includes compliance with all applicable federal, state, and local h~lth and safety rules and re_malations. The County further agrees to include this pro~sicn in all subcontracts issued as a result of this Agreement. 32. If the County' brings to the performance of this Agreement a pre-e>cisting patent or ccp.xright, the County shall retain all fights and entitlement to that pre-existing patent or copyright, unless this Agreement provides otherwise. 33. If any discoven., or invention arises or is developed in the course of, or as a result of_. work or services performed under this Agreement, or in any way connected herewitk the Co,trap,' shall refer the discoven.' or invention to the Department for a determination whether patent protection ~vill be sought in the name of the State of Florida. Any and all pa~.-=~ rights accruing under or in connection with the performance of this Agreement are hereby r~_~rved to the State of Florida. In the event that any books, manuals, films, or anx; other cop.~Tightable material are produced,. the County shall notify the Department. Any and all copyrights accruing under or in connection with the performance of this Agreement are hereby r._~ser,,'ed to the State of Florida. All materials to which the Department is to have patent fights or copyrights shall be marked and dated by the County in such a manner as to presen'e and protect the legal rights of the Department. 34. Prior to initiation of services under this Agreement, the Count' shall disclose. in xwking, all "" intellectual properties relevant to the performance of this Agreement which the Cotmr,.- tmows, or should kno~v, could give rise to a patent or copyright. The County shall retain all rights and entitlement to any pre-existing intellectual property. which is so disclosed. Failure "' Page 6 of 9 FEB 1999 will indicate that no such property e.,dsts. The Department shall then, under Section 33 above, have the fight to all patents and copyrights which arise as a result of performance under this Agreement. 35. The terms and conditions specified in Sections 32, 33, and 34 above shall also apply to any subcontract made under this Agreement. The County shall be responsible for informing the subcontractor of the provisions of these sections and obtaining disclosures. ~:. 36. The County agrees to follow all requirements of Section 287.057, Florida Statutes, for the procuremerit of commodities or contractual services under the Agreement. 37. The County. shall include Attachment A of the Agreement verbatT'm in the sealed competitive bid description. All bid descriptions/project specifications must be approved in writing in advance by the Department's Contract Manager prior to public advertisement. 38. The County shah submit bid descriptions/project specifications to the Department's Contract Manager for approval within ninety (90) days following the execution date of this Agr~ment. 39. The County, must send bid announcements to a minimum of five (5) contractors. Aaav request to use a sole source contractor must be justified in writing and approved by the Department's Contract Manager. 40. The Count,,' must send a summary. of the vendor replies and recommended subcontractor to the Department's Contract Manager for written approval prior to awarding of any subcontracts. 41. The County shall include this entire Agreement, and all attachments, in all subcontracts issued as a result of this AFeement. Written contracts bet~veen the County and any vendors are required for any subcontracts exceeding $5,000 issued as part of this Agreement. 42. The County's Contract Manager must provide written or verbal notice of the proposed date(s) of artificial reef deplo.wnent to the Department' s Contract Manager a minimum of five (5) days in advance of the deployment. 43. The County's Contract Manager or a designee who must be an employee of the Count-v and who is in no fashion affiliated ~vith the County's subcontractor is required to be on-site for each deployment of artificial reef materials. Photographic or video documentation of each deployment is required. Coordinates of the artificial reef location(s) must be taken with a Differential Global Positioning System receiver, and not converted from coordinates_ supplied by LORAN-C receivers. The actual location of the newly constructed artificial r~f(s) and its vertical relief (in feet) must be verified and recorded by the County's Contract .x, hnager or County designee by physically observing the material on the ocean bottom with a fathometer after the deplo,~aqent operations have been completed. 44. No artificial reef materials other than those specified in Attachment A of this AF~ement can be simultaneously transported on any vessel funded as a carrier under this Ag-r~ment unless the additional materials are part of another project funded by the Depathnent. 45. The Department will not reimburse the County for artificial reef deplo.vrnents outside of the boundaries of the permitted reef site as described in the Army Corps of Enkyineers pe rm~t at time of deployment. ' Page 7 of 9 FEB 2 3 1999 ............... _. 46. Written status reports shah be submitted to the Department's Contract Manager no less frequently than at 60 day intervals staking from the execution date of the Agreement. 47. Completed Materials Placement Reports (DEP-OFMAS form 34403) must be submitted to the Department's Contract Manager within thirty (30) days after the deplo3Tnent operations. 48. The County will provide all required close-out documentation to the Deparanent within forty- five (45) days alter the ending date of the Agreement. The County's Contract Manager shall certify, ,under penalties of perjury, compliance with provisions of this Agreement through the submission of a Certification of Completion, and said certification shah be submitted with the close-out documentation. 49. A. In accordance with Executive Order 12549, Debarment and Suspension 43CFR 12, the County shall agree and certify that neither it, nor its principals, is voluntarih' excluded from participation in this transaction by any Federal department or agency; and,. that the County shall not kno~vingly enter into any lower tier agreement, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered tram~ction by any Federal department or agency; and, that the County shah not kno~ingly enter into any lower tier agreemenk or other covered transaction, wqth a person xvho is similarly debarred or suspended from participating in this covered transaction, unless authorized in writing by the United States Department of Interior to the Department. B. Upon execution of this Agreement by the County, the County. shall also complete, sign, and return a copy of the form entitled "Certification Regarding Debarments, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Federally Funded Transactions", attached hereto and made a part hereof as Attachment B. C. As required by paragraphs A and B above, the County shall include the langu~e of this section, and Attachment B in all subcontracts or lower tier agreements executed to support the County's work under this Agreement. 50. It is understood and agreed that since this Agreement is funded pursuant to a grant a=~reement with the United States Fish and Wildlife Service (USFWS) that the Count2,.' ~xill adhere to the provisions as applicable, as set forth in 43 CFR, Part 12 and Attachment C, (attached heret0 and made a pan hereof), excerpted and modified by the Department from 50 CFR Pan 80. 5 i. The County agrees to recognize the role of Salt Water Fishing License Revenues and USFWS Federal Aid in Sport Fish Restoration funding in any publicity related to this project. 52. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to xwiting, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless otherwise provided herein. REST OF PAGE INTENTIONALLY LEFT BLANK P.ge Sof 9 I F E B 2 3 1999 pc,,./O IN WITNESS WHEREOF, the parties have caused this Grant Agreement to be duly executed,. the day and year last written below. COLLIER COUNTY STATE OF FLORIDA DEPARTMENT OF BOARD OF COUNTY COM/VfiSSIONERS ENVIRONMENTAL PROTECTION By: By: ,.. (County au,thorized Signatory*) Secretary or Designee Pamela S. Mac'Kie, Chairwoman (Print Signatory's Name and Title) Date: Date: Collier County Natural Resources Dept. (Contractor) 3301 East TamlamA Trail. Building H ~,/Q)Zdf~_ (Address) ~ DEP Contract Manager Naples. Florida 34112 (City, State, and Zip Code) FEID No. 59-6000-558 Approved as to form and legalia': Collier County %t J~' Remittance Address: k.u.. ~D Attorney 3301 East Tamiami Trail. BuildincH Approved as to form and legal (Address) sufficiency: Naples. Florida 34112 (City, State, and Zip Code) Thomas C. Palmer, Asst. County Attorney *If someone other than the Chairman signs this Grant Agreement, a statement or other document authorizing that person to sign the Agreement on behalf of the County, must accompany the A~eement. List of Anachrnents/exhibits included as part of this Agreement: Attachment A Scope of Services (3 Pages) Attachment B Certification re~arding Debarment and Suspension (2 Pages) Attachment C Excemt from 5OCFR Part 80 (2 Pa~es) l Page 9 of 9 '" FEB 2 3 1999 "' ATTACHMENT A SCOPE OF SERVICES COLLIER CO UNTY REEF DEVELOPMENT PROJECT OFMAS- 118 The Department has awarded funds under this Agreement to complete the following saltwater artificial fishing reef project activities, as proposed in the County's competitive application for funding: ; 1. Loading and transportation of approximately 300 tons of clean concrete material acceptable to the Department. Load the artificial reef materials onto a suitable conveyance and transport to a site for loading onto a Coast Guard approved load line certified barge or other suitable vessel for offshore movement. Load the material onto a vessel for transportation to the designated reef sites. Provide a sufficiently powered tram-port or towing vessel, personnel, and all necessary equipment to transport the material offshore and deploy it. Reef material loaded on to the transporting vessel must be properly secured to allow for its safe transport during both inshore and offshore transits. An inventory must be provided to the Department's Contract Manager as part of the Materials Placement Report, of the number of individual concrete pre cast culverts or other precast concrete units used and the dimensions of these units. If concrete rubble'is used, the source of the rubble must be identified as well as the tonnage indicated. Additionally, the barge dimensions, the draft of the barge dockside without the reef materials on board and the draft of the barge dockside with the reef materials loaded must be pro~.~ded. 2. Deplo>mnent of reef material. During the deployment of the r~f material, at Me site, the transport vessel must be effectively moored through double anchoring, spudfling or otherwise held securely in place with minimal movemer. t (+/-50 feet) to ensure accurate and concentrated placement of reef material on the bottom. The material must not be widely scattered but cjustered. Habitat comple.,dty should be emphasized. Vertical relief of the constructed reef shall insure the authorized minimum fifteen feet Mean Low Water is rnaintain~. Any machinery used to move and deploy the reef materials should be sufficiently powered/maneuverzble and capably operated to ensure timel>', effective and safe off-loading of materials. The tug or transport vessel as well as the County. observer's vessel shall be equipped with a working, accurate Differential GPS unit,a working VHF radio, and an accurate fathometer. Effective and reliable communications shall e.xi2--t at all times between the tug, barge, and the designated County observer on site. Deplo.vment operations x~ill only be initiated when sea height in the operations area is no greater than r, vo to four feet as foreca,-: by the nearest NOAA' weather office. The Count, observer reserves the fight to suspend off-loading operaions if positioning and other deplo>rnent objectives are not being met or if changes in sea or weather conall. dons or other circumstances place personnel or equipment in harm's way. 3. Engineering services associated with the reef project. Up to $1,800 of the available project funding mav be utilized for the following: a. Observation vessel rental, if a vessel is needed to serve as the County Project Manager or designee's observation and buoy deplo.wnent platform (up to $500 per observation day). The designated observation vessel must be equipped with a Differential GPS unit, accurate fathometer. and a radio. DEP Contract Agreement No. OFMAS-116, Attachment A, Page 1 of 3 FEB 2 8 1999 b. Equipment purchase (buoys, lines, anchors, for temporary marking of reef sites in advance to assist the subcontractor; (up to $200). c. Post deployment dive assessment of reefs to map/provide videography of material, orientation and relief, (up to $500 for di~,~g mapping survey with written report, videography and/or color slides provided). d. A pre deployment bottom survey is required for this project prior to placing any material on the bottom (up to $500 for a diving survey and written report). e. Miscellaneous e?cpenses ($100). 4. Funds from this Agreement max, not be expended on salaries, trig, or parts replacement or repairs to rented or contractor o~vned equipment. DEPLOYMENT LOCATION OF REEF UNITS 5. In accordance with the information submitted in the County's 1998-99 artificial reef competitive grant application, materials will be placed to form a single reef in the southern quadrat within the boundaries of the permitted reef site known as the Ca.xambas Five Mile Reef. The deployment location center, and permit site comer coordinates are described as follows: North Latitude 14/est Longitude Deployment Center 25° 51.90' 81° 47.82' Depth: 30 feet Northwest Corner 25° 52.75' 81° 48.19' Northeast Corner 25° 52.75' 81° 47.65' Southeast Corner 25° 51.75' 81° 47.65' Southwest Corner 25° 51.75' 81° 47.65' The County's Ca.xarnbas Five N~le permitted reef site is a square about one nautical mile on a side. The proposed deployment location is about 4.6 nautical miles on a bearing of 237° from Caxambas Pass. REEF DEPLOYMENT OVERSIGHT. 6. The County's Contract Manager shall oversee the temporary marking of the patch reef deployment location in advance of reef unit deplo.x~ent in order to assist the subcontractor in the proper placement of reef materials. The markers shah be colored buoys no less than 12 inches in diameter and sufficiently anchored so that they will not ~ off the designated deployment sites prior to deplo.xrnent. Great care must be taken to insure materials are not placed outside the permitted area. The Department xx~ not pay for materials placed outside the permit areas as described at the time of deployment. 7. The Coun~"s Contract Manager or Count3,' employee designated as an official observer shall re.rain on site during the entire deplo.~nent ph.ase of the operation and confirm the Differential GPS coordirmt~ of the individual reef placement(s) as well as the maximum vertical relief in feet of the constructed reef(s). Contract Agreement No. OFMAS-118, Attachment A, Page 2 of 3 Ne'OEu~T~i~ / FEB 2 3 1999 PCh 8. Both the County and its subcontractor shall have on site current nautical charts of the deployment area, with the permitted site indicated on the chart, and the proposed patch reef coordinates. The County , observer shall also be in possession of a copy of the permit for the approved site where the deplo.xTnents are taking place. 9. The County agrees to allow the Department to conduct on-site inspections of the saltwater artificial fishing reef project before, during, and after the deployment. LIABILITY AND RESPONSIBILITY FOR REEF MATERIALS 10. Upon initiation of the loading and transport of the reef material by the County's subcontractor, all liability, risk of loss and responsibility for the safe handling, storage, transportation and deplo.wnent of the materials shall be borne by the subcontractor. This liability, assumption of risk and responsibilitS.' shall remain with the subcontractor until the materials are deployed at the permitted reef site in accordance ~vith the specifications in this Agreement. FUNDING SOURCE AND PAYMENT SCHEDULE 11. The County shall be reimbursed by the Department in the form of a single final pa.xvnent for all allowable costs incurred under this Agreement following satisfactory completion of the project and submittal of all required project close out documentation no later than 45 days after the end d2.~e of the Agreement. 12. Funding for this project is derived from State Saltwater Fishing License Revenues used ~s a state match as part of a Federal Aid in Sport Fish Restoration Grant. PERFORMANCE 13. Failure to complete the above described saltwater artificial fishing reef project by the ending date of the Agreement, failure to maintain regular communications with the Department's Contract ManaEer on project issues, and/or noncompliance with one or more conditions of this Agreement max- adversely affect the ranking of the County's grant application for 1999-2000 fiscal year artificial reef funding. REST OF PAGE INTENTIONALLY LEFT BLANK DEP Grant Agreement No. OF1VIAS-118, Attachment A, Page 3 of 3 FEB 2 3 1999 ATTACHMENT B ~j~ CERTIFICATION REGARDING DEBARMENTS, SUSPENSION, IN'ELIGIBILITY AND VOLUNTARY EXCLUSION-LOWER TIER FEDERALLY FUNDED TRANSACTIONS Required for all contractors and sub'contracton under DEP GRANT AGREElVEENT: OFIVIAS-118 I. The undersigned hereby certifies that neither it nor its principals is presently debarred, suspended, proposed for debannent, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. : 2. The undersigne~. also certifies that it and its principals: (a) Have not within a three-year period preceding this response been convicted of or had a climinal offense in connection ~ith obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State anti-trust mtutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. Co) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) x~ith commission of any of the offenses enumerated in paragraph 2. (a) of this Certification; and (c) Have not within a threeSear period preceding this certification had one or more public tmm~ctiorts (Federal, State or local) terminated for cause or default. 3. Where the undersig-ned is unable to certify. to any of the statements in this certification, an ex-ptanaticn shall be attached to this certification Apprc~red as to fo~'m ~ legal suf£iciency: Dated this day of Thcrr~g C. Palmar, Assistant County Attorr~y By Authorized Signature/Contractor Pamela S. Mac'Kie, Chairwoman Typed Name/Title Collier County Government Contractor's Firm/Name 3301 East Tamiami Trail Street Address Administrat ire Building Building, Suite Number Naples~ Florida 3a112 City/State/Zip Code (94 1) 732-2505 Area Code/Telephone Number DEP FORM 11-043 Rev(05/95) NAOGEN~p41'I DEP Grant Agreement No. OF1VIAS-118, Attachment B, Page 1 of 2 FEB 2 3 1999 ....... INSTRUCTIONS FOR CE'~....;~YICATION REGARDING DEBARMEN1;.:;-~SPENSION, IN'ELIGIBILITY AND VOLUNTARY rZ3.CLUSION-LOWER TIER FED.ERALLY iP~NDED TRANSACTIONS 1. By signing and submitting this form, the certifying party is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the certifying party knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Deparmaent of Environmental Protection (DE'P) or agencies with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The certifying party shall proride immediate written notice to the person to which this contract is submitted ff at an>' time the certifyi.'ng part).' learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction,. participant, person, primary covered tra2xsaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of roles implementing Executive Order 12549. You may contact the person to which this contract is submitted for assistance in obtaining a copy of those regulations. 5. The certifi..~ing part3.' agrees by submitting this contract that, should the proposed covered transaction be entered into, it shall not 'knowingly enter into any lower tier contract, or other covered transaction with a _.._ person who is debarred, suspended. declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the DEP or agency ~vith which this transaction off_mated_ 6. The certifying part)., further agrees by executing this contract that it will include this clause titled "Certification Regarding Debarment. Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all contracts or lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibili.ty of its principals. Each participant may, but is not r.ex!nixed to, check the Non procurement List (Telephone No. (202) 501-4740 or (202) 501-4873). 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the cerd.fication required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the orclinan, course of business dealings. 9. Except for transaction authorized under paragraph 5 of these instructions, if a participant in a cove~r~C. transaction 'knowingly enters into a lower tier covered transaction with a person who is suspended. d~arred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedi~ available to the Federal Government, the DEP or agency. with which this transaction originated may pursue available remedies, including suspension and/or debarment. DEP FORM 1 I--043 Rev(05/95) DEP Grant Agreement No. OFMAS-118, Attachment B, Page 2 of 2 FEB 2 8 1999 ATTACHlVIENT C Based on and excerpted from - 50 CFR, Part 80* (Code of Federal Regulations) *As modified by the Department (DEP) ACQUISITION OF REAL PROPERTY Pursuant to the provisions of 50 CFR, Part 80, (Code of Federal Regulation) real propert).' acquired or constructed with Federal Aid funds must continue to serve the purpose for which acquired or consu'ucted. In the event that such propert)., is no longer needed or useful for its original purpose, the propeR' shall be used or disposed of as provided by Attachment N of OMB Circular A-102 and OMB Circular A-110, as applicable. ALLOWABLE COSTS All costs shall be supported by source documents or other records as necessary to substantiate the application of funds. Such documentation and records are subject to review by the Secretary of the Interior/and or the DEP or its authorized representatives to determine the allowabilin.' of costs. AUDITS The Contractor is required to conduct an audit at least every m'o years in accordance with the prmisions of Attachment P of OMB Circular A-102 and OMB Circular A-1 I0, as applicable. Failure to conduct audits as required may result in with.holding of grant paFnents or such other sanctions as the Se~e'.a.ry. may deem appropriate. Audits conducted under this provision shall be in accordance x~ith generally accepted auditing standards and with established procedures and guidelines of the revie'Mng or audit agency(ies). ACCESS TO RECORDS The Contractor shall maintain current and complete financial, property and procuremerit records in accordance ~vith requirements contained in the Federal Aid Manual and OMB Circular A-102 and OM2B Circular A-110, as applicable. The DEP, State of Florida. or any other authorized agency(ies) or any of their authorized representatives shall have access to all such books, records, documents and other evidence for the purpose of in_.q:ez~tion, audit and cop.~ing during normal business hours. The Contractor will provide facilities for such a~ess and inspection. (a) Financial, supporting documents, and all otl~er records pertinent to a project shall be retain~ for a period of three years after submission of the final expenditure report on the project. ff an3' liti~tion, claim, or audit was started before the expiration of the three-year period, the records shall be ntained until the resolution is completed. Records for non-expendable property.' shall be retained for a ;eriod of three ),ears follox~ing final disposition of the property.. DEP Grant Agreement No. OFMAS-118, Attachment C, Page 1 of 2 (b) Access to records is not limited to the required retention periods. The authorized representatives designated in paragraph A of this clause shall have access to records at any reasonable time for as long as the records are maintained. (c) The Secretary of the Interior and the Comptroller General of the United States, or any of their duh' authorized representatives, and/or the DEP or its authorized representatives shall have access to may pertinent books, documents, papers and records of the Contractor. ASSURANCES ~.- It is mutually agreed that the parties shall comply with all applicable Federal La~vs, regulations and requirements as they relate to the application, acceptance and use of the Federal funds under the Ffleral Aid Acts, to the ex'~ent permitted under Florida Law. The SecretaM of the Interior shail have the right to review or inspect the project for compliance at any time. Upon determination of noncompliance. the Secretary of the Interior may terminate or suspend those projects in noncompliance, or may declare the State ineligible for further participation in program benefits until compliance is achieved. PAYMENTS Projects proposals must include a complete schedule of payments to complete the project. No cor~s for interest of financing shall be claimed for reimbursement. SY'Iv[BOLS As a recipient of Federal .Aid Funds as described in 50 CFR, Part 80.2, the Contractor is authoriz~ to display the appropriate ~-mbol(s) on areas such as wildlife management areas and fishing access ~cilities, acquired, developed. operated or maintained by these grants, or on printed material or other xdsu~ representations relating to project accomplishments. The Contractor, as user of the ~-mbol(s) shall indemnify and defend the United State and hold it ~,:2rmless from any claims, suits. losses and damages arising out of any allegeally unauthorized use of any patent, process, idea, method or device bv the user in connection with its use of the .s'.s.s.s.s.symbol(s), or an)' other alleged action of the user and also from any claims, suits, losses, and damages arising out to alle~_~ defects in the articles or services with which the symbol(s) is associated to the extent permitted trader Florida Law. The ~-mbols as depicted in 50 CFR, Part 80, may not be used in any other manner except as authorized by the Director, U.S. Fish and Wildlife Service. Unauthorized use of the symbol(s) will constitute a violation of section 701 of Title 18 of the United States Code and subject the violator to possible fines and imprisonment as set forth therein. RE]~IAIN'DER OF PAGE INTENTIONALLY LEFT BLANK DEP Grant Agreement OFMAS-118, Attachment C, Page 2 of 2 EXECUTIVE SUMMARY RESOLUTION AUTHORIZING THE COUNTY ADMINISTRATOR TO SUBMIT A $75O,O0O ECONOMIC DEVELOPMENT GRANT APPLICATION TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS. D~ To have the Board of County Commissioners authorize the County Administrator to sign an Economic Development Grant application and other documents pertaining to the application. CONSIDERATIONS: On a yearly basis the Florida Department of Community Affairs provides competitive applications for the receipt of funds in the form of an Economic Development Grant. If awarded this grant will provide approximately $750,000 to Collier County for the purpose of creating jobs for County residents. One job must be created for every $35,000 in grant funds received. This means that no less than 22 new jobs must be created, with no less than 51%, or 12 jobs going to low to moderate income households residing within the County. In 1999 there will be approximately 160 small cities and counties within the State of Florida competing for $10,000,000. The funds from this grant are to be used to provide the basic construction of the outer building, HVAC systems, sanitary sewer lines, water lines, and pave the parking lots in the Immokalee Regional Airport Industrial Park and Foreign Trade Zone. FISCAL IMPACT: This grant does not require local matching funds, thus the fiscal impact will be minimal. Funds for the construction will be taken from the Urban Improvements Grants Fund 121. These funds will be replenished 100% by the State of Florida's, Department of Community Affairs when Staff submits them for reimbursement, if the grant is awarded. GROVVTH MANAGEMENT IMPACT: The Collier County Growth Management Plan does not include an Economic Element. However, the Board of County Commissioners has identified economic diversity as a Strategic Goal which will serve to strengthen the economic viability of Collier County. RECOMMENDATION: That the Board of County Commissioners authorize the County Administrator to apply for the Florida Department of Community Affairs' 1999 Economic SUBMITTED Donal~R. I~lalo6k, Jr, ManOr Date: .P - ./1~ ' ? 9 ~~autero AICP, Administrator Community Development & Environmental Seaices N~?~ F E 2 3 1999 Pg, ] RESOLUTION NO. 99- 2 3 A RESOLUTION BY THE BOARD OF 4 COUNTY COMMISSIONERS OF COLLIER 5 COUNTY, FLORIDA, TO AUTHORIZE 6 SUBMISSION OF AN APPLICATION TO 7 THE FLORIDA DEPARTMENT OF 8 COMMITNITY AFFAIRS FOR A COMMUNITY 9 DEVELOPMENT BLOCK GRANT UNDER THE l0 ECONOMIC DEVELOPMENT CATEGORY TO 1] ASSIST WITH THE CONSTRUCTION OF A 12 MANUFACTURING INCUBATOR FACILITY ]3 AT THE IMMOKALEE REGIONAL AIRPORT ]4 INDUSTRIAL PARK AND FOREIGN TR3~DE ZONE. ]6 WHEREAS, the Florida Department of Community Affairs awards ]7 grants through the Small Cities Community Development Block Grant ]8 Program of up to $750,000 to qualifying cities and counties for ]9 projects that benefit low-and moderate-income persons, aid in the 20 prevention or elimination of slums or blight, or meet other community 2] development needs having a particular urgency because existing 22 conditions pose a serious and immediate threat to the health or 23 welfare of the community and where other financial resources are not 24 available to meet such needs; and 25 WHEREAS, a city or county may apply each cycle for a Community 26 Development Block Grant for Economic Development based on the number 27 of jobs created and the amount of private capital leveraged; and 28 WHEREAS, applications for this grant will be graded and ranked 29 for funding by the Florida Department of Community affairs; and 30 WHEREAS, the Florida State Legislature and the Federal 3] Government, in 1999, have made available the amount of $10,000,000 for 32 which over 160 cities and counties in the state of Florida will 33 compete; and 34 WHEREAS, to be competitive, applications for these funds must 35 be filed with or mailed to the Department of Community Affairs to 36 reach their office on or before 5:00 p.m. March 31, 1999. 37 38 1999 ] W~4EREAS, the regulations of the Florida Department of 2 Community Affairs and the Federal C~vernment require that two (2) 3 Hearings, that are open to the public, be advertised and held prior to 4 submitting the application; and 5 W~EREAS, the County did advertise for the first hearing on 6 December 28, 1998, and the hearing was held in Meeting Room ~E" in the 7 Community Development Building, located at 2800 Horseshoe Drive, 8 Naples, Florida on January 4, 1999, and the second hearing was 9 advertised February 8, 1999, and the hearing held in Meeting Room ~G" ]0 in the Community Development Building, located at 2800 Horseshoe ]] Drive, Naples, Florida on February 15, 1999; and ]2 W~EREAS, in an area known as the Immokalee Regional Airport 13 Industrial Park and Foreign Trade Zone, as described in ET. hibit A 14 attached here to and also described in County ordinance number 95-67 15 (the Immokalee Regional Airport Industrial Park and Foreign Trade ]6 Zone), is in the preliminary stages of constructing several 17 Manufacturing Incubator facilities to assist Low to Moderate (LMI) ]8 Income residents by helping to create new jobs for LMI households. As 19 part of this project, they have requested that one of these 15,000 SF 20 buildings be provided using grant funding for a portion of the 2] project, 22 NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COLTFTY 23 CO~TMISSION'ERS OF COLLIER COLTN~, FLORIDA, T~AT: 24 ~ne Collier County Board of County Commissioners hereby 25 directs the Collier Cou~nty Department of Housing and Urban 26 Improvement to prepare, or cause to be prepared, an application to the 27 Florida Department of Community Affairs for an Economic Development 28 grant of up to $750,000. The funds from this grant are to be used to 29 provide the basic construction of the outer building, PrVAC systems, 30 sanitary sewer lines, water lines, and pave the parking lots in the 31 Immokalee Regional Airport Industrial Park and Foreign Trade Zone. 32 F E B 2 3 1999 1 The Board of County Commissioners hereby authorizes the County 2 Administrator to sign the application and other documents pertaining 3 to the application, to accept the grant funds on behalf of the county, 4 and to act on behalf of the Board of County Commissioners to sign all 5 documents, including the quarterly reports, necessary for grant ~ 6 administration, if the County receives the award of either grant. 7 BE IT FURTHER RESOLVED that this Resolution be recorded by the 8 Official Clerk of Courts in the Public Records of Collier County, 9 Florida. 10 ADOPTED this day of February, 1999. ]] ]2 13 ATTEST: BOARD OF COUNTY COMMISSIONERS ]4 DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA ]5 ]6 ]7 ]8 BY: ]9 PAMELA S. MAC'KIE, Chairwoman 2] 22 23 Approved as to form and 24 Legal sufficiency: 25 26 27 ' 29 Marni Scuderi 30 Assistant County Attorney 3] FEB 2 8 1999 3 1 Exhibit 2 3 The Immokalee Regional Airport Industrial Park and Foreign Trade Zone 4 213 is a proposed 20 AC (plus or minus) Industrial Development located 5 in Sections 2 and 3, Township 47 South, Range 29 East, and is 6 generally bordered on the west by the New Terminal of the Immokalee 7 Regional Airport; on the north by a 5,000 ft runway of the Immokalee 8 Regional Airport,; to the east by a vacant parcel of property of the 9 Immokalee Regional Airport that is zoned Industrial, and the south by 10 County Road 846 (Immokalee Road). 11 ]2 (See Attached Maps) 13 FEB 3 1999 · . · ;~ ~ ' .. Memo To: Barbara Pedone - Executive Secretary, Administrator's Office Susan Filson - Administrative Assistant, BCC Ellie Hoffman - Records Technician, Minutes and Records From= Don Blalock, Manager Housing and Urban Improvement~ Date: February 9, 1999 , Re: 1999 CDBG Economic Grant Resolution Currently the HUI Department is in the process of submitting an application for $750,000 to the Department of Community Affairs (DCA) for an Economic Development Grant. This resolution will need to be passed by the BCC, enabling the County Administrator to sign the application for submittal to the DCA. The reason I have attached three (3) copies of the resolution is because we will need: 1 ) One original for the Clerk's Office for Recording purposes, and 2) Two additional odginal copies for the CDBG Grant application to send to the Department of Community Affairs (DCA) in Tallahassee, Florida The DCA requires that the CDBG Grant application contain the two (2) additional copies signed by Commissioner Mac'Kie, and Attested and Recorded by the Clerk's Office. When the Clerk's Office is done with the two (2) additional resolutions, please have them contact me so that I can stop by their office and pick them up. · page ~ F E B 2 3 1999 .. Pg._ EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "KATHLEEN COURT", AND APPROVAL OF THE PERFORMANCE SECURITY OBJECTIVE: To approve for recording the final plat of "Kathleen Court", a subdivision of lands located in Section 11, Township 49 South, Range 25 East, Collier County, Florida. CONSIDERATION: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Kathleen Court" These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. It is the intent of the developer to record the plat prior to construction of the improvements. The security in the amount of 110% of the total cost of the required improvements is being covered by construction and maintenance agreement and a Performance Bond. This would be in conformance with the County Land Development Code - Division 3.2.9. Engineering Review Section recommends that the final plat of "Kathleen Court" be approved for recording. FISCAL IMPACT: The fiscal impact to the County is as follows. The project cost is $110,590.46 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer - $44,927.50 b) Drainage, Paving, Grading - $65,662.96 The Security amount, equal to 110% of the project cost, is $121,649.51 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 Development Services Revenue generated by this project: Total: $2457.06 Fees are based on a construction estimaze ~~ $110,590.46and were paid in August, 1998. F E B 2 3 1999 Executive Summary Kathleen Court Page 2 The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac) - $442.24 b) Construction Drawing Review Fee Water & Sewer (.50% const. est.) - $224.64 Drainage, Paving, Grading (.425% const. est.)- $279.07 c) Construction Inspection Fee Water & Sewer (1.5% const. est.) - $673.91 Drainage, Paving, Grading (1.275% const. est.) - $837.20 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 "Kathleen Court" with the following stipulations: 1. Accept the Performance Bond as security to guarantee completion of the subdivision improvements. 2. Authorize the recording of the Final Plat of "Kathleen Court" . 3. Authorize the Chairman to execute the attached construction and maintenance agreement. 4. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. F E B 2 3 1999 __..Pg,. J~ Executive Summary Kathleen Court Page 3 PREPARED BY: John R. Houldsworth, Senior Engineer Date Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Date Engineering Review Manager RC4D r ulhere/AICP Date Planning Services Department Director APPROVED BY: ' . ' , I , ' ' o Date en errices Community Dev. and Environmental Svcs. DIVISION JRH / ew F E B 2 3 1999 J '~C~ (C,R. COUNTY P~E~AL ~N1 p~ S~S 28 ~ i 27 ~ I D~Ov~i D E p~ PARK ~ z LAKE 34 35 3J ~E ~ ' u - o , ...~ :- ,n ~ Vg.N[ YA, R~S ViNEYAROS ~LIC~ BAY ~ ~E EMER~ p:~ ~ , LAKES G~NS x 6 4 3 ~ 2 V.F.W. t 0 ~ KE~T~ 1O ~W~D PINE ~ES 12 7 UNIT GAILrWAY (C.R. 896) RN[ ~I:)GE ROAD CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDMSION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION /]v~ROVEMENTS entered into this __ day of ........ 1999 between 5590 Shirley Street Land Trust, A Florida Land Trust, hereinafter referred to as "Developer", and the Board of Cotm~' Commissioners of Collier County., Horida, hereinafier referred to as the "Board". RECITALS: A. Developer has, simultaneously with the deliver).' of this Agreement, applied for the approval by the Board of a certain plat of a subdivision to be known as: KATHLEEN COURT B. Division 3.2. of the Collier County. Land Development Code requires the Developer to post appropriate guarantees for the construction of the improvements required by said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the construction of the required improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual convertants. hereinafier set forth, Developer and the Board do hereby covenant and agree as follows: 1. Developer will cause to be constructed: Water, Sewer, Pa~ing and Drainage within 36 months from the date of approval of said subdivision plat, said improvements hereinafier referred to as the required improvements. 2. Developer herewith tenders its subdixision performance security. (attached hereto as Exhibit "A" and by reference made a part hereof) in the amount of S121,649.51 which amount represents 10% of the total contract cost to complete construction plus 100% of the estimated cost to complete the required improvements at the date of this Agreement. 1 of 4 FEB 2 3 1999 pg. ~ -_ 3. In the event of default l~,,- the Developer or failure of the Developer to complete such improvements ~vithin the time required by the Land Development Code, Collier Count)', may call upon the subdivision performance security to insure satisfactory completion of the required improvements. 4. The required improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County.' Land Development Code. 5. The Development Services Director shall, ~ithin six~.' (60) days of receipt of the statement of substantial completion, either: a) not~' the Developer in writing of his preliminary. approval of the improvements; or b) notify. the Developer in ~iting of his refusal to approve improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Director's approval of the improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with requirements of this Agreement. 6. The Developer shall maintain all required improvements for a minimum period of one year after preliminary' approval by the Development Services Director. After the one year maintenance period by the Developer has terminated, the Developer shall petition the Development Services Director to inspect the required improvements. The Development Services Director or his designee shall inspect the improvements and, if found to be still in compliance with the Collier Coun.ty Land Development Code as reflected by final approval ~, the Board, The Board shall release the remaining 10% of the subdi~,~sion performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 7. Six (6) months after the execution of this Agreement and once within every six (6) months thereafter the Developer ma) request the Development Services Director to reduce the dollar amount of the subdivision performance security on the basis or work completed. Each request for a reduction in the dollar amount of the subdivision performance seeuriC- shall 'be accompanied by a 2 of 4 ~ FEB 2 3 1999 statement of substantial completion by the Developer's engineer together with the project records necessary. for review by. the Development Services Director. The Development Services Director may grant the request for a reduction in the amount of the subdivision performance securi.ty for the improvements completed as of the date of the request. 8. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the County Administrator may call upon the subdivision performance security. to secure satisfactory.- completion, repair and maintenance of the required improvements. The Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt and acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemni~' the Board, upon completion of such construction, the final total cost to the Board thereof, including but not limited to, engineering, legal and contingent costs, together ~ith any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the proxisions of this Agreement. 9. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the Developer. IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this .~ day of ~ __, 1999. SIGNED, SEALED AND DELIVERED IN DEVELOPER THE PRESENCE OF: C ~ [ 5590 Shirley Street Land Trust W~s-~,~/'~/, i/(,/~. A Florida Land Trust Printed or Typed Name / Witness / Printed o(Typed Name / 3 of 4 .... ATTEST: BOARD OF COUNTY COMMISSIONERS OF DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA Deputy Clerk Pamela S. MacKie. Chairwoman Approved as to form and legal sufficiency: ESavid C. Wi6gel Count).' Attorney 4 of 4 lmdxc:\winworef, kathlcca '~"nsublmdoc FEB 2 3 1999 COLLIER CO~ LAND DEVELOPMEN~ CODE PERt:ORM~NCE BOND 79-0120-51280-98-5 KNOV~ ALL PERSONS BY THESE PRESENTS: 5590 SH~EY S~ET LA~ TRUSY 5590 S~ley S~eet, Naples, FL 34109 (here~a~er refe~ed to as "O~er") and ~I~D STA~S F~ELI~ A~ GUA~N~ COMPA~ P.O. Box 31143, Tampa, FL 33631 (here~a~er refe~ed to as "S~e~") are held and f~ly bo~d unto Collier Co~, Flo~da, (here~a~er refe~ed to as "Co~") ~ ~e total ag~ega~e s~ of One Hunted and Twenw One ~ousan~ Six Hunted and Fo~ Nine Dollars and Fi~ One Cenm (S 121 ,~9.51 ) ~ la~l money of ~e U~Ied States, for ~e pa~ent of which mm well ~d ~ly to be made, we b~d o~selves, o~ he~s, executors, a~sntors, successors md assigns, jo~tly ~d severally, f~y by ~ese present. O~er and S~eW are used for s~gular or plural, as ~e comext requ~es. ~E CON~ON OF MS OBLIGA~ON is such ~at whereas, ~e O~er h~ subdued for approval by ~e Board a cena~ subdivision plat n~ed Ka~leen Court ~d ~at ce~ subdivision shall ~clude specific ~provemen~ which are required by Collier Coun~ Ordinances and Resolu~ons (here~a~er "Land Development Regula~ons"). ~is obligation of ~e Sure~ shall co~ence on the date ~is Bond is executed and shall continue until ~e date of final acceptance by ~e Board of Coun~ Co~ssioners of ~e specific ~provemenB desc~bed in ~e Land Developmere Regulations (here~afier ~e "Guar~ Pe~od"). NOW, ~E~FO~, ff~e O~er shall well, ~ly ~d fai~lly peffo~ ~e Land Development Regula~om d~g ~e ~aran~ pe~od established by ~e CounW, and ~e O~er shall sa~sfy aH cla~ ~d de~n~ ~c~ed ~d shall ~lly ~de~ and save h~ess ~e Co~ ~om and aga~t all cosm and da~ges w~ch it may suffer by reason of O~er's faiI~e to do so, ~d shall re~b~se and repay ~e Co~W all outlay and expeme which ~e Coun~ may ~cur in ma~ng good any defaul~ ~en ~is obligation shall be void, othe~ise to remain in ~11 force and effect. PRO~ED, F~E~ ~at ~e said S~e~,' for value received hereby, stipulates and a~ees ~at no ch~ge, extension of ~e, altera~on, addition or dele~on to ~e proposed specie ~provemenm shall ~ any way affect im obligation on ~s Bon~ and it does hereby waive notice of~y such chmge, extension of~e, altera~on, ad~on or dele~on to ~e proposed specific ~provemen~. PROVIDED, ~E~ ~at it is expressly agreed ~at ~e Bond shall be deemed amended automatically and i~ediately, without focal and separate amen~en~ hereto, so as ~o bind ~e O~er and ~e SureW to ~e full and faithful perromance m accordance wi~ Land Development Regula~ons. ~e te~ "Amen~ent", wherever used in this Bond, and whe~er refe~ng to this Bond, or o~er documents shall ~clude ~y altera~on, addi~on or modification of any character whatsoever. ~ WI~ESS ~E~OF, ~e panics here~o have caused ~is PE~O~NCE BON~ to be executed ~is 241h dayof November, 1998. ~ Naomi ~guez ~ EL Katie M. Plumley 1999 STATE OF FLORIDA Page 2 --'-- COUNTY OF COLLIER The foregoing instrument was acknowledged beore me this 241h day of November , 1998 by Kathleen Bailie, as Trustee of 5590 Shirley Street Land Trust. She is personally known to me and did take an Cornmission Expires: ff March 30, 2001 .~ ~ 1~, ~I ~. ~_Zarne'.' Joseph M. Restino g i. I~. ~ tl~ .~ otary Public, State of Florida · %~,f~y~?.. /~S~,,,,i~ Cornmission No. CC 618202 W'IT~ESS ' Sandra J ,z'S't~tzman "' UNITED STATES FIDELITY SIGNED, SEALED AND DATED THIS 24TH day of November ,19 98 NAME S TY: UNITED S~T-ATES4FIDEL,ITY AND GUARANTY ~OMPANY (Affix Surety Seal) orida Resident Ag~' ' '/ The following Statement to be completed regarding the Florida Resident Agent only: STATE FLORIDA COUNTY OF SARASOTA Before me, the above signed authority, personally appeared ELEANOR M. GARIEPY , who is personally known to me or has produced personally known (type of identification) identification and is duly sworn, deposes and says that l/dshe is a duly authorized insurance agent properly licensed under the laws of the State of Florida to represent .. UNITED STATES FIDELITY AND GUARANTY COMPANY of Baltimore, Maryland , a company authorized to make corporate Surety Bonds under the laws of Floida and acceptable as Surety on Federal Bonds and that he has signed or countersigned the above bond on their be ale Sworn ~.ubs '~Z~4th day of November 1998 REINHARDT Notary Public, State of Florida at Large. My commission expires: . January 3,: )02 o. CC696497 · · ""- .............. i :;:,:-:'7:" T ......- Pg' /(:~ :':---- "_ 1749139 United States Fidelity and Guaranty Company IT Power of Attorney No. 110258 Know all men by ~ese presents: That United States Fidelity and Guammy Company, a corporation organized and exisdng under the laws of the State of Maryland and having ~ts principal office at me City of Baltimore, in the State of Maryland. does here~ cons~tute and appoint W, P, Cannon, Anthony T, Papa, Jr., Eleanor M. Gariepy and Alan K. Shoop of the City of Sarasota , State of Florida its l~ue and lawful AtTorn~s)-in-Fact each in their separate capacity if more than one is named above. to sign its name as surety to. and to execute. seal and acknowledge any and all bonds. undermldngs. conl3'acts and other wTit*~n ins~uments in the nature thereof on behalf of ~e Company in its business of guaranteeing the fidelity of persons; guaranteeing the performance of con~'acts; and executing or guaranteelog bonds and undertakinc~ required or permitted in any actions or proceedings allowed by law. In Wimess Whereof. the said United Slates Fidelity ond Guammy Comparq. has caused this ins~'umem to be sealed with its corporate seal. duly attested by the signatures of i~s Vice President and Assistant Secretary. this 7 th day of Z~r ch , A.D. 19 9 7, United States Fidelity and Guammy Company, Vice Resident State of Maryland ) SSS: h B ~'~'~ On this 7 th day of Marc , A.D. 19 9 7 . before me personally'come Gary A. Wilson. _Vice President of Unhed States Fidelity and 6uoramy Company, and Thomas E. Huibregtse, Askstent Sectetan/~ ~id Company. with boffi~f,w~m I am personally dc~inted. who being by me saverally duly sworn. said. that they. the said Gary A. Wilson and Thomas E Huib..~reg~'~er~ resperm~ly ~e Vi~,~resident and the ~ ~e~'etary of the said United States Fidelity and Guaranty Company, the corporation described in and which ~:=cuted the foregoing P0~ of Attorney:. that ~he~e,7~c~k~w the seal of said corporation; that me seal affixed to said Power of Attorney was such corporate seal, t~at'it~vas so affixed by ord~of'me Board of Director~'~f ~ai~J corporatim, and that they signed their names thereto by like order as Vice President and Ass'sta t Secr~te~. respective y. o ~ C(}~~~,. .~L7,~,4,,'~. ;~ !. My Commission expires the ZSt dayof This Power of Amy is granted under and 'u'~ty of The following P, esolu~ons adopted by ~e Board of Directors Guammy Company on Septernber 24. 1992: b~a, of the U,ited States Fidelity End Resolved. that in connectira with the fidelity and surety insurance business of the Company. all bonds. undertakings. contacts and other instmrnsqts relating to said business may be signed. executed. and acknowledged by persons or eoti~es aplx~nmd as Attomeyts)-in-Fact pursuant to a Power of Attorney issued in accordance with these resolutions. Said Poweds) of Attorney for and on behalf of the Company may and shall be execumd in the name and on behalf of the Company. either by the Chairman. or the President. or an Executive Vice PresidenT~ or a Senior Vice President. or a Vice President or an Assistant Vice President. jointly with the Secretary or an Assistant Secretary. under their respective designations. The signature of such officers may be engra~,d. printed or liffiocJraphed. The signature of each of the foregoing officers and the seal of ~ Company may be affixed by facsimile to any Power of Am or TO any certificate relating thereto appointing AtTome~s)-in-FacT for purposes only of executing and attes'dng bonds and undertakjngs and other WTitingS obligatory in me nature thereof. and subject to any limitations set form therein, any such Pow~ of Attorney or cerd~cete bearing such facsimile signature or facsimile seal shall be valid and binding upon ~e Company and any such power so executed and cerLi~ed by such facsimile signature and facsimile seal shall be raiid and binding upon ~e Company with respect TO any bond or undertaking to which it is validly atlschecl. Resolved. That Attomey(s)-in-Fact shall have the power and authority. and. in any case. subiecT TO the terms and limitatjons of the Power of Amy issued to them. TO execute and deliver on behalf of the Company and TO attactt ~e seal of the CornBoy to any and all bonds and unden3kings. and other whtings d31igaTOnf in the naTOre ~ereof. and any such insrument executed by such Armmey(s)-in Fact shall be as binding upon ~e Company as if signed by an F. xecuths 0fficet and sealed and attested to by the Secretary of the Company. I. Thomas E Huibreg~e. an Assistant Secretary of ~e Uaited States Rdelity and Guammy Company. do heret~ certify that the foregoing are True excerpts from the Resolutions of the said Company as adopted by its Board of DirecB's on Septembe~ 24. 1992 and mat mese Resolutsons are in full force and effect. I. the undersigned Assistant Seoremry of ~e Unilad States Fidelity sod Gearamy Company. do hereby cemfy [hat the foregoing Power of Attorney is in full force and effect and has not been revoked. In Testimony Whereof. I have hereunto se~ my hand and me seal of the Unit, d $tat~s Fidelity sad Guoramy Company. onmis 24th dayof November-.~9 98 ~~2.~....~...,~...~~ ..................... O// EXECUTIVE SUMMARY BUDGET AMENDMENT FOR THE TOURISM DEVELOPMENT, ADVERTISING, AND PROMOTION CATEGORY CONCERNING VISIT NAPLES, INC. OBJECTIVE: To have the Board of County Commissioners approve a budget amendment for the Tourism Development Advertising and Promotions category concerning Visit Naples, Inc. CONSIDERATIONS: At the May 13, 1997 BCC meeting a budget amendment was requested by Visit Naples and the Naples Area Chamber of Commerce, to have the Naples Chambers remaining balances transferred into the Naples TDC Committee's account. This request was adopted by the Board on the same date and Visit Naples "Remittance" line item was increased to $781,133.66. However, the total should have been $811,109. Unfortunately, $29,975.34, was never moved from the Naples Chamber's "Remittance" line item because it was assumed that it was already part of Visit Naples Budget. The reason it was assumed to be in Visit Naples budget was because both agencies were sharing the cost of an advertising brouchure, and not all the funds were needed. These funds were assumed to already be in Visit Naples "Remittance" line item. Most of the funds were, except for $29,975.34. Therefore, Visit Naples "Remittance" line item was short $29,975.34 because it never was transferred over. The Department of Housing and Urban Improvement, which is now responsible for the administration of this money, is requesting that the current budget be amended to so that $29,975.34 is transferred from the Advertising/Promotion Category "Reserves" line item into the ,.-_ Visit Naples "Remittance" line item. Because these funds were never used in the 1996-1997 budget, they were then transferred back into the "'Reserves" line item and carried over in subsequent years. FISCAL IMPACT: The Advertising/Promotions Category in the Tourist Development Fund has the available funds ($29,975.34) in its "Reserves" line item. A budget amendment is needed to transfer these funds to the Visit Naples "Remittance" line item. GROWTH MANAGEMENT IMPACT: None RECOMMENDATIONS: That the Board of County Commissioners approves the line item budget amendment. PrEPArED Y~_>R~,_~~2 ~-/' <} ~ Blalock, JrC Date Housing and Urban Improvement Manager REVIEWED BY: ~ Z- -/- 7 ? Date Housing d Urban Improve ent ...ovso Vincent A. Cautero, AICP, Administrator -. Da FEB 3 1999 Community Dev. & Environmental Se~ices -' ' 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 original 1996 CDBG Neighborhood Revitalization Grant contract allowed for two separate projects to be funded. One was the Butlard Subdivision Project, and the second was the Shellabarger Park Project. In 1997 the Bullard Subdivision was removed from the grant contract per the Department of Community Affairs. In 1998 a request was made by County staff to allow for the use of CDBG funds to pay for the "Engineering" portion of the Bullard Subdivision:-This request was approved by the DCA. To pay for these Engineering services, a budget amendment was recently passed on January 11, 1999, transferring funds from Shellabarger Park's "Road & Bridge" line item and moving it into the Bullard Subdivision "Engineering" line item. This budget amendment is being requested to replenish Shellabarger Park's "Road & Bridge" funds that were depleted. FISCAL IMPACT:. This amendment will transfer $14,000 from the Reserve Contingency and Construction Management object codes in theUrban Improvements ,-, Grants Fund, into the Road and Bridges object code 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. The transferred funds into the Shellabarger Park, "Road & Bridges" line item will be used to improve this road by the construction of a newly paved surface. RECOMMENDATION: That the Board of County Commissioners approve the transfer of the requested funds from the designated line items to the objects codes ~ock, Jr., Man~'ger Housing and Urban Improvement Greg. , alic, Director APPROVED BY: Date: Vince A. Cautero AICP, Administrator Community Development & Environmental Services FEB 2 3 1999 EXECUTIVE SUMMARY XEQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "VILLAGES AT WYNDEMERE" OBJECTIVE: To grant final acceptance of "Villages at Wyndemere" CONSIDERATION: 1. On May 20, 1997, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Villages at Wyndemere" 2. The roadway, drainage, water and sewer improvements not required by the plat to be maintained by the project's homeowners association will be maintained by the County. 3. The required improvements have been constructed in accordance with the Land Development Code. The County Development Services has inspected the improvements and is recommending final acceptance of the improvements. 4. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. FISCAL IMPACT: The roadway, drainage water and sewer improvements not required to be maintained by the project's homeowners association will be maintained by the County Transportation Department and the County Utility Divisions. Funds for the routine maintenance and upkeep will come from the Operations and Maintenance budgets of the Transportation Services and Utility Divisions. GROWTH MANAGEMENT IMPACT: None FEB 2 3 1999 Executive Summary Villages at Wyndemere --- Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Villages at Wyndemere" and release the maintenance security. 1. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: John R. Houldsworth, Senior Engineer Date Engineering Review RsvmSw Thomas E. Kuck, P.E. Date Engineering Review Manager obe/rt Mulhere, A CP Planning Servic Department Director APPROVED Y: c Vincent P, Administrator Date Community Dev. and Environmental Svcs. j rh FEB 3 1999 }R!DA- :S THAT ARE NOT RECORDED C RECORDS OF COLLIER COUNTY- II i~' ~ ~~ ~ ',~,,~,,,-~-.,.-, ~~ITIE ~" 't;""'~"'~t" " { 4 ~. ,, ,,.,., -- - .~ F ' " { ~ " " . . ,, = __ ,~ [CHAF LOCATION MAP '.EEK, 1 RESOLUTION NO. 99- .... v ..... : .......... :' 3 - 4 RESOLUTION AUTHORIZING FINAL 5 ACCEPTANCE OF THOSE ROADWAY, 6 DRAINAGE, WATER AND SEWER ~--5' :-;~ -~_..~,>~_~.~.~.~,_-~;.--;---~-r~-:~- 7 IMPROVEMENTS IN VILLAGES OF 8 WYNDEMERE, RELEASE OF THE ~.-"~'//~'~':~"'~-~'7"'~ ~ MAINTENANCE SECURITY, AND ACCEPTING : ~:: ::.~-,--~,~ ~--_;-; ~-~,-~:~;;-~--:;:, ~'-' "!'~ ~ 0 THE MAINTENANCE RESPONSIBILITY FOR THE .,- ~ ~ ROADWAY, DRAINAGE, WATER AND SEWER .... ~ ..... ;~77: ...... 7' "'/-~ '~': 12 IMPROVEMENTS THAT ARE NOT REQUIRED TO , ~_--r-:--~-2~:--~-~- ---':~ ~"-:;~'~"~""'~ 13 BE MAINTAINED BY THE HOMEOWNERS ~.,.~. .............. .-. ........: ....... ~ 4 AS SOCIATION. ~.._ -~-~':_-; ~i;..,~ ~ ~'.~r --~'-~ ~: ~..~r.~ 16 17 - 18 WHEREAS, the Board of County Commissioners of Collier County, Florida, on 19 February 4, 1997 approved the plat of Villages of Wyndemere for recording; and .... 21 W'I-II!~,EAS, the developer has constructed and maintained the roadway, drainage, 22 water and sewer improvements in accordance with the approved plans and specifications ~_-T.L: .......... ~'77; 7:; 23 and as required by the Land Development Code (Collier County Ordinance No. 91-102, ~;-;z-~,~::~ =,~-=:- ....'=-~' .....' ....: 24 as amended); and the Utilities Standards and Procedures Ordinance (Collier County 25 Ordinance No. 97-17), and .: .,:~._.:_~;.~,. :~::.': ~.,:- 27 WHEREAS, the developer has now requested final acceptance of the roadway, 28 drainage, water and sewer improvements and release of his maintenance security; and 29 ~..--~-~----~;=-:~ - ---':::: ::-~-;:~- 30 WHEREAS, the Compliance Services Section of the Development Se~'ices 3~ Department has inspected the roadway, drainage, water and sewer improvements and is ..- -- - --.:' ...: ::: 32 recommending acceptance of said facilities. 34 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY ~. · ;---: ."~= ':~"' "'::' 35 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance be "~'~ .........<:"'~; .....'~:'~": '~="': 36 granted for those roadway, drainage, water and sewer improvements in Villages of .... ~ 37 Wyndemer~, and authorize the Clerk to release the maintenance security. - .... ~ 38 39 BE rr FURTHER RESOLVED AND ORDERED that the County accept the ........ ~- ......... '~- 4o future maiscnance and other attendant costs for the roadway, drainage, water and sewer 4~ improvemesas that are not required to be maintained by the homeowners association. ...... .T-.--r'-~-7~"~- :-:- ' Z~ 43 This Resolution adopted after motion, second and majority vote favoring same. 44 45 ..... ~.,~.j;..~.~.__.~;.~:.~.~ .......... 47 DATE: BOARD OF COUNTY COMMISSIONERS 48 ATTEST: COLLIER COUNTY, FLORIDA · :V'~" ~7j"~ X. 'f'.'" '~:'f: ': '~ ;:)) "." -_ - 49 DWIGHT E. BROCK, CLERK 5~ By:. - --:- ::.- -: . 52 PAMELA S. MAC'KIE, CHAIRWOMAN ,~.--.: --' ::T';: ::' :--- - ' . . ., .. 54 ":.7:~':~:'-".:: : ..- ~' "-:':'Z. :-i. ' ". ~ :: ': 55 Approvedssto form and legal ~~-~~'~ '~ 56 sufficiency:. .... . . ; -- -~ ~ :~- 57 ·- · - 58 ,,- " ': ...... '- "' ': '~ ............. "' 59 H~eidl F. Ashton' N ~,.~.-:~--~-,-~.~.~-~ 60 Assistant Collier County Attorney ,--- EXECUTIVE SUMMARY WORK ORDER PB-98-3 FOR FURNISHING AND INSTALLATION OF DEHUMIDIFICATION EQUIPMENT AT THE DEVELOPMENT SERVICES CENTER. OBJECTIVE: To approve a Work Order (PB-98-3) for Professional Building Systems, Inc. to furnish and install dehumidification equipment at the Development Services Center, 2800 N. Horseshoe Drive. CONSIDERATION: On November 16, 1998, the Department of Facilities Management received proposals for the purchase and installation of dehumidification equipment for the Development Services Building. Three proposals were received (see attached copy of Proposal Tabulation sheet). The low proposal was received from Professional Building Systems, Inc. for a total of $139, 153.00. FISCAL IMPACT: On January 26, 1999 the Board approved a budget amendment (agenda item 8(A)l) to transfer funds from Community Development Permit Fee Reserves to an Administrative account for the installation of the dehumidification equipment. The cost is $139,153.00. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve Work Order # PB-98-3 assigned to Professional Building Systems, Inc., and authorize the Chairwoman to sign the Work Order after review by the County Attorney's Office. PREPARED BY: ~'X../ Date: Constance A. Jolii~son APPROVED BY:~f~ Date: Vincent A. Cautero, AICP Administrator ,..., Community Development & Enviromnental Services FEB 2 3 1999 pg. / WORK ORDER # PB-98-3 "" "General Contractor's Services" Contrac= #97-2763, dated March 28, 1998 This Work Order is for general contracting services, subject to the terms and conditions of the Contract referenced above, for Work known as: PROJECT: The work is specified in the proposal dated 11/16/98 from ProfessionalBuilding Systems Inc., which is attached hereto and made apart of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, Work Order # Pb-98-3 is assigned to Professional Building Systems Inc. Scope: Contractor to supply labor and material to furnish and install five (5) CTSI dehumidification units (MP-1250) at the Development Services Building at Horseshoe Drive. All as specified in the attached Proposal by Professional Building Systems Inc. Schedule of Work: Complete within 90 Cal.days. from receipt of Eurchase Order. Compensation: In accordance with Item 3 of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum amount provided in the schedule below. TOTAL FEE $ 139,153.00 Any change made subsequent to final department approval will be considered an additional service and charged according to an executed Change Order as enumerated in Exhibit D of the Agreement. Department of Facilities Management F E B 1999 Work Order PB-98-3 Page 2 ATTEST: BOARD OF COUNTY COMMISSIONERS Dwight E. Brock, Clerk Collier County, Florida By: By: Deputy Clerk Pamela S. Mac'Kie, Chairwoman Date Professional Buildinq Systems Inc Contractor (Corporate Secretary) / Si~dre / ' By: Typed Name and Title (or) witnesses (2) · T~ignature ' ' ' re ( Print Name ) ( Print Name ) Approved as to Form and FEB 2 3 1999 NOV--16--98 12:0'i' PM 4395 CORPORATE SQUARE 941 643 276T P.82 GENERAL CONTRACTORS 4395 Corporate Square · N~p~s. F[ 34~04 · g4~/643-6~27 · Faxz 643-2ZBZ PROPOSAL Novcm~r 16, 1'~)8 To: Collier Count~ lk~eflmcnl of F~'ililics ~nagcmcnl AIIn: Jack Crog~lle Re: ~rclla~ ~ Inslalkllion of CTSI Unils ~clopmcnt ~,i~s Cet~lcr ~t lto~csh~ ~tr Jack: ~ofcssio~sal Building Sy~lcms, 1~ will ~ovi~ the follo~i~sg "~ of ~ork" for Ihc rcfcrcn~ pro~'l. Incl~s ~rcha~ aM i~llalion of ~c (5) CTSI &hmnidjfication unils (MP-1250) 2.D~h~ork Io ~ ~l~aniz~ ~l metal I~ on !~ ~i~ wi~ ~hs.o~ ~i llk m to Icn (1 0) existing r~ fr~h air micas. 4Electrical ~o~ ~ oullin~ in sco~ of~'ork n~momndum 5. incl~s $c~nng Ihc ~ipmcnl Io ~ r~f and flashing in Ihc cu~. Exclusions !. Building ~m,il f~'s a~ cxci~d. Base Bid $ I]9,15].1k) Si~ccrcly~ C. P. ~avis Project Manager F E B 2 3 1999 COLLIER COUNTY GOVERNMENT DEPARTMENT OF FACILITIES MANAGEMENT 3301 E. TAMIAMI TRAIL DIVISION OF SUPPORT SERVICES NAPLES, FL 34 112 (941) 774-8380 FAX (941) 793-3795 A CERTIFIED BLUE CHIP COMMUNITY DATE: November 16, 1998 TO: Vanderbilt Bay Construction, Inc. Surety Construction Co. Wm. J. Varian Construction Professional Building Systems, Inc. FROM: Jack Crognale, Construction Manager Facilities Management REF: Bid Results For CTSI Installation, Horseshoe Drive. Thank you for participating in the bidding process for the Purchase and Installation of five CTSI units for Horseshoe drive. The bid results are as follows: 1. Professional Building Systems $139,153.00 2. Vanderbilt Bay Const. $164,200.00 3. Win. J. Varian Const. Co. $172,500.00 4. Surety Const. Co. No Bid FEB 2 a 1999 EXECUTIVE SUMMARY REQUEST TO APPROVE THE FINAL PLAT OF "VILLAS AT GREENWOOD LAKE" OBJECTIVE: To approve the final plat of "Villas at Greenwood Lake" a subdivision of lands located in Section 17, Township 50 South, R~nge 26 East, Collier County, Florida. CONSIDERATION: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Villas at Greenwood Lake" These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. It is the intent of the developer to construct the improvements for this project prior to recording of the plat or to furnish the required amount of approved security for recording purposes at a later date. This procedure would be in conformance with Division 3.2 of the Collier County Land Development Code. 'ngineering Review Section recommends that the final plat of "Villas at Greenwood Lake" be approved with the stipulation that the final plat not be recorded until the required improvements have been constructed and accepted or until the approved security is received to guarantee completion of the required improvements. FISCAL IMPACT: The fiscal impact to the County is as follows. The project cost is $483,754.50, to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer - $233,281.50 b) Drainage, Paving & Grading - $250,473.00 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $9437.59 Fees are based on a construction estimate ~,f ~Zt~F $483,754.50 and were paid in October, 1998 FEB 1999 Executive Summary Villas at Greenwood Lake Page 2 The breakdown is as follows: a) Plat Review Fee ($425.00 + $ 4./ac) - $ 559.00 b) Construction Drawing Review Fee Water & Sewer (.50% const. est.) - $1166.41 Drainage, Paving, Grading (.425% const. est.)- $1064.51 c) Construction Inspection Fee Water & Sewer (1.5% const. est.) - $3499.22 Drainage, Paving & Grading (1.275% const. est- $3148.45 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 "Villas at Greenwood Lake" with the following stipulations: 1) That the final plat not be recorded until the required improvements have been constructed and accepted or until approved security is received for the uncompleted improvements and that construction shall be completed within 36 months of the date of this approval. 2) Authorize the Chairman to execute the attached Construction and Maintenance Agreement. 3) That no building permits be issued until the final plat is recorded. 4) That any outstanding issues with the construction plans and plat are resolved prior to the pre-construction meeting. FEB 2 3 1999 Pg. n2 Executive Summary Villas at Greenwood Lake Page 3 PREPARED BY: John R. Houldsworth, Senior Engineer Date Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Date Engineering Review Manager R0beft Mulhere, AICP Date Planning Services Department Director Vincent A. Cautero, AICP, Administrator Date Community Development & Environmental Services Community Dev. and Environmental Svcs. DIVISION jrh FEB ~. 3 1999 Pg. ~ FROM: AGhIOLI BARBER BRUNDAGE PHONE NO.: DEC. 23 1998 10:48AM P2 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVE- MENTS PRIOR TO RECORDiNG OF PLAT THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDM SION IMPROVEMENTS PRIOR TO RECORDING OF PLAT AGREEMENT entered into day of ,199 between A.ILM. Developmere Corp. of Naples, Inc. hereinaPt referred to as "Developer", and fie Board of County Commissioners of Collier County, Florida, herelnafter referred to as "The Board". RECITALS: 1. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of a subdivision to be known as: Villas at Greenwood Lake. 2. Division 3.2 of the Collier County Land Development Code allows the Developer to construct the improvements required by said subdivision regulations prior to recording the final plat. NOW THEREFORE, in consideration of the foregoing premi-~es and mutual covenants hereina_~er set forth, Developer and the Board do hereby covenant and agree as follows: I. Developer will cause to be conslzucted: water, sewer, roads, drainage and like facilities, within 36 morlths from the date of approval of said subdivision plat, said improvements hereinafter referred to as the required improvements. 2. Developer herewith agrees to construct said improvements prior to recording said subdivision plat and the Board of County Commissioners shall not approve the plat for recording until said improvements have been completed. 3. Upon completion of said improvements, the Developer shall tender its subdivision performance security in the mount of $56,569.95 which represents ten percent of the total contract cost to complete consmxction- Upon receipt of said subdivision performance security by the Development Services Director, the Developer may request the Board of County Commissioners to approve the subdivision plat for reCording and grant preliminary approval of said plat 4.' The required improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with final project rec >rds h~~aa been furnished to be reviewed and approved by the Development Service Director for compliance with the Collier County Land Development Code. F E B 2 3 1999 5. The Development Services Director shall, withi,, sixty (60) clays of recx statement of substantial completion, either:. a) notify the Developer in wri FROM: RGNOLI BRRBER BRUNDAGE PHONE NO.: DEC. 23 1998 10:49AM P3 preliminary,approval of the improvements; or b) notify the Developer in writing of his refusal to approve improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Dh'ector's approval of the improvements. However, in no event shall the Development Servic~ Director r~fuse prelirnlnary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 6. The Developer ahal/maintain all r~quired improvements for a minimum period of one year after preliminary approva/by the Development Services Director. After the one year maintenance period by the Developer has tenninatext, the Developer shall petition the Development Services Director to inspect the improvements. The Development Services Director or his designee shall insp~t the improvements and, if found to be still in compliance with Collier Count)' Land Development Code as reflected by final approval by the Board, the Board shall release the ten percent ---- performance sec~i~. The Developer's responsibility for maintenance of the required improvements shah continue unless or until the Board accepts maintenance responsibility for the County. 7. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the County Administrator may call upon the subdivision performance security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the fight to construct and maintain, or cause to be co~ and maintained, pursuant to public advertisement and receipt and acceptance of bids, the improvements required heroin. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the 5pnl total cost to the Board thereof, including, but not lknited w, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. 8. All of the terms, covenants and conditions herein contained are and shall be bir,a~ng upon the Develol~r and the respective successors and assi~ens of the Developer. FEB 2 3 1999 " F~OM: AGNOLI BARBER BRUNDAGE PHONE NO.: DEC. 23 1998 10:49AM P4 IN WITNESS WHEREOF, tl~ Board and the Developer have caused ~ Agreement to be executed by their duly authorizexi representatives this day of .... ,199.___. This Agreement shall be governed by the laws of the State ofFlorkk - Witnesses to A.R.M. DEVELOPMENT A.R.M. DEVELOPMEN' OR-P. CORP. ~S, .~...~~ OF NAPLES~ _ By:. ////~,// ~_Z//_/c2 d/ Ovadia IL Elias, President Corintcd name) / (printed name) ATTEST: BOARD OF COUNTY CONt'MISSIONERS DWIGHT E. BROCK, CLERK OF COLLIER COLrNTY, FLORIDA PAMELA S. MAC'KIE, CHAIRWOMAN Approved as to form and DAVID C. W'~IOEL COUNTY ATTORNEY 10-206jg.doc FEB 2 3 1999 EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "MASHIE COURT AT THE ESTATES AT BAY COLONY GOLF CLUB", AND APPROVAL OF THE PERFORMANCE SECURITY OBJECTIVE: To approve for recording the final plat of "Mashie Court at the Estates at Bay Colony Golf Club", a subdivision of lands located in Section 27, Township 48 South, Range 25 East, Collier County, Florida. CONSIDERATION: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Mashie Court at the Estates at Bay Colony Golf Club". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. It is the intent of the developer to record the plat prior to construction of the improvements. The security in the amount of 110% total cost of the required improvements is being covered by construction and maintenance agreement and a Performance Bond. This would be in conformance with the County Land Development Code - Division 3.2.9. Engineering Review Section recommends that the final plat of "Mashie Court at the Estates at Bay Colony Golf Club" be approved for recording. FISCAL IMPACT: The fiscal impact to the County is as follows. The project cost is $59,093.06 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer - $22,966.00 b) Drainage, Paving, Grading - $36,127.06 The Security amount, equal to 110% of the project cost, is $65,001.75 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this pro~ e~[-B Total: $1524.96 Fees are based on a construction estimac~ ~f- / $59,093.06and were paid in December, 1999. Executive Summary Mashie Court at the Estates at Bay Colony Golf Club I--- Page 2 The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac) - $ 451.48 b) Construction Drawing Review Fee Water & Sewer (.50% const. est.) - $114.83 Drainage, Paving, Grading (.425% const. est.)- $153.54 c) Construction Inspection Fee Water & Sewer (1.5% const. est.) - $344.49 Drainage, Paving, Grading (1.275% const. est.) - $460.62 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 "Mashie Court at the Estates "with the following stipulations: 1. Accept the Performance Bond as security to guarantee completion of the subdivision improvements. 2. Authorize the recording of the Final Plat of "Mashie Court at the Estates at Bay Colony Golf Club". 3. Authorize the Chairman to execute the attached construction and maintenance agreement. 4. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. 1999 Executive Summary Mashie Court at the Estates at Bay Colony Golf Club Page 3 John R. Houldsworth, Senior Engineer Date Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Date Engineering Review Manager .~6be~ Mulhere, AICP Date Planning Services Department Director APPROVED BY: Vincent A. Cautero, AICP, Administrator Date Community Development & Environmental Services Community Dev. and Environmental Svcs. DIVISION F E B 2 3 1999 _ ~D-4B-~ 2~.-48-25 -- 22-48-25 PALM ~R W]L~RES 111TH AVEIMMOKALEE ~-~.-~ PROJECT SITE PARK~ -- . ' LAKES , PELICAN MARSH ~ 35-48-25 ~ 36-48-25 '. > ', -- ~ ~ 33-48-25  PELICAN ' VA>~DERgiLT 8EACH e~Y : ........ ~-~~ / , , / RIDGE ~ (~ ~04-49-85 08-49-85 OCA 1) ALL DIMENSIONS .ARE IN FEET AND DE$1Mt~,Z~ TI. Document Prepared By WCI Communities 24301 Walden Center Way Bonita Springs, FL 34134 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this day of 1999 between WCI Communities, Limited Partnership hereinafter referred to ad "Developer", and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "The Board". RECITALS 1. Developer has, simultaneously with the delivery of this agreement, applied for the approval by the Board of a certain plat of subdivision to be known as: "Mashie Court at the Estates at Bay Colony Golf Club" 2. Division 3.2 of the Collier County Land Development Code requires the Developer to post appropriate guarantees for the construction of the improvements required by said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the construction of the required improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: 1. Developer will cause to be constructed water, sewer, storm sewer, roads, landscaping and irrigation improvements within 36 months from the date of approval of said subdivision plat, said improvements hereinafier referred to as the required improvements. 2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A") and by reference made a part of in the amount of $65,001.75 which amount represents 10% of the estimated cost of required improvements plus 100% of the estimated cost of the required improvements at the date of this Agreement. 3. In the event of default by the Developer or failure of the Developer to complete such improvements within the time required by the Land Development Code, Collier County, may call upon the subdivision performance security to insure satisfactory completion of the required improvements. F E B 2 3 199J , Pcl. ,6"' _ 4. The required improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have ..--- been furnished to be reviewed and approved by the Development Sen'ices Director for compliance with the Collier County Land Development Code. 5. The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the developer in writing of his refusal to approve the improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Director's approval of the improvements. However, in no event shall the Developer Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 6. The Developer shall maintain all required improvements for a minimum period of one year after preliminary approval by the Development Services Director. After the one year maintenance period by the Developer has terminated, the Developer shall petition the Development Services Director inspect the improvements. The Development Services Director or his designee shall inspect the improvements and, if found to be still in compliance with Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the 10% subdivision performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for the County. 7. Six (6) months after the execution of this Agreement and once within every six (6) months thereafter the Developer may request the Development Services Director to reduce the dollar amount of the subdivision performance security on the basis of work completed. Each request for the reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for review by the Development Services Director. The Development Sen'ices Director may grant the request for a reduction in the amount of the subdivision performance security for the improvements completed as of the date of the request. 8. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the County Administrator may call upon the subdivision performance security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the right to construct and maintain, or cause to be constructed and maintained, pursuant to public advertisement and receipt of acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnify the Board, upon completion of construction, the final cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to carry out all of the provisions of the Agreement. "" 9. All of terms, covenants and conditions herein contained are and shall be bindh g upo~i~,,,~ g,~ q respective successors and assigns of the Developer. F E B 2 3 1999 IN W'ITNESS WHEREOF, THE Board and Developer have caused this Agreement to be executed by their duly authorized representatives this __day of 1999. Signed, Sealed and Delivered in the presence of: WCI Communities, Limited Partnership A Florida Limited Parmership ice resl en o eve o m~/n (Printed or Typed Name) / Printed or Typed Name) Attest: Board of County Commissioners Dwight E. Brock, Clerk of Collier County, Florida Deputy Clerk Pamela S. MacKie Chairwoman Approved as to form and legal sufficiency: W David C~ eibel Collier County Attorney K:x. Docum~m~M~Aashie A~'eement F E B g 8 1999 Engineer's Opinion of Probable Construction Costs Marsh Court at Bay Colony Prepared By: Agnoli, Barber & Brundage, Inc. ITEM. DESCRIPTION QUANTITY UNIT UNIT COST SUBTOTAL EARTHWORK 1' Off-Site Fill 260 CY $6,00 $1,560.00 SubtoTal Ea~lhwork $1 ,S60 'Note:Earthwork Quantities provided are for In-Place Fill for Road only; Fil} for lots is not included ROADWAY CONSTRUCTION I 1" Type S-3 Asphaltic.Concrete 1.542 SY $3.00 $4.626.00 2 6" Limerock Base 1,603 SY $4.00 $6,412,00 3 12' Stabilized Subgrade t,668 SY $2.00 $3,336.00 4 24" Valley Gutter 960 LF $4.50 $4,320.00 5 16" l~ype~A" Curb. ~1.0 LF $5.00 $550.00 6 Concrete Sidewalk - 4" Thick 1,560 SF $1.75 $2,730.00 7 Signing &Pavement Marking t LS $500 $500.00 8 Sodding 215 SY $1.50 $322.50 9 Street Ughring I LS $3,000 $3,000.00 Subtotal Roadway Construction $25~797 WATER DISTRIBUTION SYSTEM 10 6" C_.-900, DR1-SWater Main 5.13 LF $8.00 $4,104.00 11 Single Water Services 7 EA $270 $1,890.00 12. Double Water Services 2 EA $360 .$'720.00 13 FIre Hydrant Assembly 2 EA $1,650 $3,300 Subtotal Water Distribution $~,-0,014 SANITARY SEWER SYSTEM 14 Precast Concrete Sanitary'Manhole 3 EA $1,600 $4,800.00 '15 8" SDR-35 PVC Gravity Main 368 LF $14.00 $5,152.00 16 Sing le 6". PVC Servicew/Cleanout 3 EA · $450.00 $1,360.00 17 Double 6" PVC Service w/Cleanout 3 EA $550.00 $1,650.00 Subtotal Sanitary Sewer $~i2,952 Marshct4~.wb2. 1~ FEB 2 3 1999 DEC 31 '98 10:20 9415662283 PRrag. .~,__¢;F_.-__._. STORM DRAINAGE SYSTEM 18 Valley Gutter Inlet w/Type A-I CB 2 EA $1,600 $3.200.00 19 Reinforced Concrete Pipe 15" Diameter 37 LF $16.00 $592.00 18" Diameter 221 LF $18.00 $3,978.00 20 Erosion..Contml I LS $1,000 $1,000.00 Subtotal Storm Drainage $8w,'/70 Utility(VVater & Sewer} Subtotal $22,966 Earthwork, Roadway & Storm Drainage Subtotal $36~1-27 Total ..........................................................................................................$59,092.50 10% of Total Estimated Construction Costs .........................................$5,909.25 Dominick J. Amico, Jr., P.E. Florida Reg.# 39382 Estimated Date of Completion: February 15, 1998 ~-~,-..~z ~ F E 9 2 3 1999 DEC 31 '98 10:2Z 9415662203 j~S ~ ' COLLIER COUNTY LAND DEVELOPMENT CODE ,_, PERFORMANCE BOND Bond Number: 15-008-444 KNOW ALL PERSONS BY THESE PRESENTS: that WCI Communities Limited Partnership 24301 Walden Center Drive Bonita Springs, FL 34 134 (hereinafter referred to as "Owner") and Liberty Mutual Insurance Company Boston, Massachusetts (hereinafter referred to as" Surety") are held and firmly bound unto Collier County. Florida, (hereinafter referred to as "County") in the total aggregate sum of SIXTY-FIVE THOUSAND AND ONE DOLLARS AND SEVENTY-FIVE CENTS ($ 65 ,OO 1.7 5), in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves. our heirs. executors, administrators, successors and assigns, jointly and severally firmly by these presents. Owner and Surety are used for singular or plural, as the context requires. THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for approval by the Board a certain subdivision plat named 1~4ASHIE COURT AT THE ESTATES AT BAY COLONY GOLF CLUB and that certain subdivision shall include required improvements which are required by Collier County Ordinances and Resolutions (hereinafter "Land Development Regulations"). This obligation of Surety shall commence on the date this Bond is executed and shall continue until the date of the final acceptance by the Board of County Commissioners of the specific improvements described in the Land development regulations (hereinafter the guaranty period). NOW, THEREFORE, if the Owner shall well, truly and faitl~fully perform its obligations and duties in accordance with the Land Development Regulations during the guaranty period established by the County, and the Owner shall satisfy all claims and demands incurred and shall fully indemnify and save harmless the County from the against all costs and damages which it may suffer by reason of Owner's failure to do so. and shall reimburse and repay the County all outlay and expense which the County may incur in making good any default. then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees that no change, extension of time, alteration, addition or deletion to the proposed specific improvements shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration, addition or deletion to the proposed specific improvements. PROVIDED, FURTHER. that it is expressly agreed that the Bond shall be deemed amended automatically and immediately, without formal and separate amendments hereto, so as to bind the Owner and the Surety to the full and faithful performance in accordance with the Land Development Regulations. The term "Amendment." wherever used in this Bond, and whether referring to this Bond, or other documents shall include any alteration, addition or modification of any character whatsoever. """' IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed is 21~ ~~Ef~ ~ Of JANUARY, 1999 F E B g 3 1999 DATED as of this c~.~v'l~'' dayof ~.',~c~.cc-LAx2,,,z , 1999 "'~~\~-, , T~-,~-->:..~,%. WCI Communities Limited Partnership ~_~i~.ness-Signature a Delaware limited partnership Witness-Signature Steven C. Adelman Witness-Printed Name County of The foregoing instrument was acknowledged before me by Steven C. Adelman, Vice President/Treasurer on behalf of WCI Communities Limited Partnership, a Delaware limited partnership. Personally known ~< or Produced identification Type of identification produced F E B 2 D 1999 Liberty Mutual Insurance Company . Statutory Balance Sheet ,--. (dollars in thousands) AsseLF December 31. Bonds ............................................................................................................................................................. 11.609,662 Common & Prefened Slocks ............... : ............................................................: ...........................................................-4,446,58.3 Real Estate .................................................................................................................................................................128.301 Cash & Short-Term Investmen~ ................................................................................................................................... 242.970 Other Invested Assets ................................................................................................................................................. 271,258 Subtotal Cash and Invested Assets .................................................................................................................................. 16,698,754 Premium in Course ofColJection°. .................................................................................................................................. 1.521,916 Reinsurance Recoverables on Loss and Loss Adjustment Expense Payments ........................................................... 153,530 Interest, Dividends ar.d Real Estate h-tcome Due and Accr,aed .................................................................................... 168,557 Other Assets ..........................................................................................................................................................................77,9,394 TOTAL ADNI~%'Iq'ED ASSETS ..................................................................................................................................... 19.352,181 Liabilities and Surplus R~serve for Losses and ~ Adjush'nenl Expenses ....................................................................................................... 10.208,483 Reserve for Unearned Pr~mit.u'n~ .................................................................................................................................... 1.629,832 geinsurance Payable on Paid Less and Loss Adjustment Expenses .......................................................................... 36. i94 Federal Income Tax and State Premium Tax Accrued ................................................................................................... 91.774 Other Lialvili~es ............... - ..................................................................................................................................................1.319,565 TOTAL LIAB[LH'IES ...........................................................................................................................................................13285.848 Unassigned Surplus .......................................................................................................................................................... 4,924,567 Guaranty Funds .................................................................................................................................................................1.250 Surplus Notes ...................................................................................................................................................................1,140516 TOTAL SURPLUS ............................................................................................................................................................. 6,066,333 TOTAL LIABILITIES AND SURPLUS .................................................................................................................. 19,352,181 ('Excludes pre:rv. iums more than 90 days due) COMMONWEALTH OF MASSACHUSETTS SS: COUNTY OF SUFFOLK Dsrmis LanDveil, beLng duly sworn, sap: That he ks Vice President and Comptroller of Liberr:! btutual insurance Company; that said Company is a mutual insusance company duly organized, existing and engaged in business as a surety by virt-ue of the laws of the Commonwealth af.~Mct~. ~.nd Ms duly complied with all the requirements of the lav.'s of said Commonwealth and of the ,a~,, of the State of ....~:=.:.~~~ ......................................... app,icab,e ,o ~,d Company and ~ duiy ~uaU~ed ,o act as ,urety such laws; that said Company l'xaa als~ complied with and is duly qualified to ~,ct as surety on federal bonds under Section 9305 of Title 31 of the United Stat~ Cc~e. 'l'h2t the foregoing ks a f'u2k true and correct statement of the f'mandal condition of said Company an the 31s~ day Dece.~'nbero 1997. Sworn to befor~ me this 31st day of March, 1.998 ~' F E B 2 3 lggg EXECUTIVE SUMMARY REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "VILLAGE WALK PHASE FIVE" OBJECTIVE: To grant final acceptance of "Village Walk Phase Five" CONSIDERATION: 1. On March 19, 1997, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Village Walk Phase Five" 2. The roadway, drainage, water and sewer improvements not required by the plat to be maintained by the project's homeowners association will be maintained by the County. 3. The required improvements have been constructed in accordance with the Land Development Code. The County Development Services has inspected the improvements and is recommending final acceptance of the improvements. 4. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. FISCAL IMPACT: The roadway, drainage water and sewer improvements not required to be maintained by the project's homeowners association will be maintained by the County Transportation Department and the County Utility Divisions. Funds for the routine maintenance and upkeep will come from the Operations and Maintenance budgets of the Transportation Services and Utility Divisions. GROWTH MANAGEMENT IMPACT: None F E B 2 3 1999 Executive Summary Village Walk Phase Five Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Village Walk Phase Five" and release the maintenance security. 1. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: ld wor h, senior Engineer Date Engineering Review Thomas E. Kuck, P.E. Date Engineering Review Manager R P Date Planning Services Department Director APPROVED BY: Vincent A. Cautero, AICP, Administrator Date Community Dev. and Environmental Svcs. j rh FEB g 3 1999 5 ACCEPTANCE OF THOSE ROADWAY, 6 DRAINAGE, WATER AND SEWER 7 IMPROVEMENTS IN VILLAGE WALK PHASE 8 FIVE, RELEASE OF THE MAINTENANCE .,..., 9 SECURITY, AND ACCEPTING THE 10 MAINTENANCE RESPONSIBILITY FOR THE 11 ROADWAY, DRAINAGE, WATER AND SEWER ~ 2 IMPROVEMENTS THAT ARE NOT REQUIRED TO 13 BE MAINTAINED BY THE HOMEOWNERS 14 ASSOCIATION. ~5 ~6 17 1 t3 WHEREAS, the Board of County Commissioners of Collier County, Florida, on ~ 9 September 1 O, 1996, approved the plat of Village Walk Phase Five for recording; and 20 21 WHEREAS, the developer has constructed and maintained the roadway, drainage, 22 water and sewer improvements in accordance with the approved plans and specifications 23 and as required by the Land Development Code (Collier County Ordinance No. 91-102, 24 as amended); and the Utilities Standards and Procedures Ordinance (Collier County 25 Ordinance No. 97-17), and 26 27 WHEREAS, the developer has now requested final acceptance of the roadway, 28 drainage, water and sewer improvements and release of his maintenance security; and 29 30 WHEREAS, the Compliance Services Section of the Development Services 31 Department has inspected the roadway, drainage, water and sewer improvements and is 32 recommending acceptance of said facilities. 33 34 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 35 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance be 36 granted for those roadway, drainage, water and sewer improvements in Village Walk 37 Phase Five, and authorize the Clerk to release the maintenance security. 39 BE IT FURTHER RESOLVED AND ORDERED that the County accept the 40 future maintenance and other attendant costs for the roadway, drainage, water and sewer 4~ improvements that are not required to be maintained by the homeowners association. 42 43 This Resolution adopted after motion, second and majority vote favoring same. 44 45 46 47 DATE: BOARD OF COUNTY COMMISSIONERS 48 ATTEST: COLLIER COUNTY, FLORIDA 49 DWIGHT E. BROCK, CLERK 50 51 By:. 52 PAMELA S. MAC'KIn, CHAmW( 53 55 Approved as to form and legal F ~_ B 2 3 1999 56 sufficiency: 58 _ ~, __ ,J'7.. ~' J .,., - - · EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "ISLE WALK PHASE TWO", AND APPROVAL OF THE PERFORMANCE SECURITY OBJECTIVE: To approve for recording the final plat of "Island Walk Phase Two", a subdivision of lands located in Section 33, Township 48 South, Range 26 East, Collier County, Florida. CONSIDERATION: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Island Walk Phase two" These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. It is the intent of the developer to record the plat prior to construction of the improvements. The security in the amount of 110% of the total cost of the required improvements is being covered by construction and maintenance agreement and a ~--Derformance Bond. This would be in conformance with the County Land evelopment Code - Division 3.2.9. Engineering Review Section recommends that the final plat of "Island Walk Phase two" be approved for recording. FISCAL IMPACT: The fiscal impact to the County is as follows. The project cost is $777,256.15 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer - $399,342.00 b) Drainage, Paving, Grading - $377,914.15 The Security amount, equal to 110% of the project cost, is $854,981.33 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: ~ Total: $15,108.37 Fees are based on a construction estimate N~;~_~'/ $777,256.15 and were paid in December, 1998 FEB 2 3 1999 Pg._ / Executive Summary I-- Island Walk Phase Two Page 2 The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)- $ 697.00 b) Construction Drawing Review Fee Water & Sewer (.50% const. est.) - $1996.71 Drainage, Paving, Grading (.425% const. est.- $1606.13 c) Construction Inspection Fee Water & Sewer (1.5% const. est.) - $5990.12 Drainage, Paving, Grading (1.275% const. est.) - $4818.41 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 __ "Island Walk Phase Two" with the following stipulations: 1. Accept the Performance Bond as security to guarantee completion of the subdivision improvements. 2. Authorize the recording of the Final Plat of "Island Walk Phase two". 3. Authorize the Chairman to execute the attached construction and maintenance agreement. 4. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. FEB 2 3 1999 Executive Summary Island Walk Phase Two Page 3 PREPARED BY: Joh~ R. Houldsworth, Senior Engineer Date Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Date Engineering Review Manager R6 , AIC~' ""'" Date Planning Services Department Director AP .P~ ~ Vincent A. ero, AICP, Administrator Date Community Development & Environmental Services Community Dev. and Environmental Svcs. DIVISION jrh F E B 2 8 1999 18 17 16 15 14 1,3 PROJECT' .I 19 20 21 22LOCATION (C.R.846) m 7/,,I )_ NAPLES-,IMMQKALE. EROAD ......... f' t _J i 26 .29. 28 25 [ . .~, . .32.. ~ .3~- 35 36 i '~ (C.R, 862) T ,~8 S. ~. VANDERBILTBEACH RO~ ~,,,.,..,T 49 S J ~ 6 ,,o """"" 4 3 2 1 NOT TO r,, 5 '-' '" '"' · "" ' '"" SCALE 7 _z '"""" 9 10 11 12  ~ 114T33 ~'I'34. IRIT~ I~,--, 18 17 16 15 1~- 13 I,Ilif' LOCATION MAP '~ F E B ~ 3 1999 COLLIER COUNTY LAND DEVELOPMENT CODE CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDMSION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this day of , 1999 between Island Walk Development Company hereinafter referred to as "Developer", and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as the "Board." RECITALS: A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of a subdivision to be known as: Island Walk, Phase II. B. Division 3.2 of the Collier County Land Development Code requires the Developer to post appropriate guarantees for the construction of the improvements required by said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the construction of the required improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: 1. Developer will cause to be consn-ucted: a potable water system, sanitary sewer system, drainage, grading, paving and miscellaneous as outlined in Engineer's Cost Estimate (attached hereto as Exhibit "B" and by reference made a part hereof) wig 12 months fi'om the date of approval said subdivision plat, said improvements hereinafter referred to as the required improvements. 2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and by reference made a part hereof) in the mount of $854,981.33 which amount represents 10% of the total contract cost to complete construction plus 100% of the estimate cost to complete the required ~ FEB 2 3 199,cJ po. ,._ improvements at the date of this Agreement. 3. In the event of default by the Developer or failure of the Developer to complete such improvements within the time required by the Land Development Code, Collier County, may call upon the subdivision performance security to insure satisfactory completion of the required improvements. 4. The required improvements shall not be considered complete until a statement of substantial completion by Developer' s engineer along with the final project records have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County Land Development Code. 5. The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to approve improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Director's approval of the improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 6. The Developer shall maintain all required improvements for a minimum period of one year after preliminary approval by the Development Services Director. After the one year maintenance period by the Developer has terminated, the Developer shall petition the Development Services Director to inspect the required improvements. The Development Services Director or his designee shall inspect the improvements and, if found to be still in compliance with the Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the remaining 10% of the subdivision performance security. The Developer's responsibility for maintenance of the required improvements shall ~__ continue unless or until the Board accepts maintenance responsibility for and by the County. FEB 2.3 1999 7. Six (6) months after the execution of this Agreement and once within every six (6) months thereafter the Developer may request the Development Services Director to reduce the dollar amount of the subdivision performance security on the basis of work complete. Each request for a reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for review by the Development Services Director. The Development Services Director may grant the request for a reduction in the amount of the subdivision performance security for the improvements completed as of the date of the request. 8. In the event the' Developer shall fail or neglect to Still its obligations under this Agreement, upon certification of such failure, the County Administrator may call upon the subdivision performance security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt and acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. 9. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the Developer. COLLIER COUNTY LAND DEVELOPMENT CODE IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives thisday of ,19__ SIGNED, SEALED AND DELIVERED ISLAND WALK DEVELOPMENT IN THE PRESENCE OF: COMPANY ,~//~/ce .~q, ./~...., 2 / ~ Vice President By: Deputy Clerk Chairwoman Pamela S. Mac'Kie Approved as to form and legal sufficiency: Collier Attorney F E B 2, 8 1999 COLLIER COUNTY LAND DEVELOPMENT CODE BOND NO JZ 7384 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: that DiVosta and Company Inc. and Island Walk Development Company, 4500 PGA Boulevard, Suite 400, Palm Beach Gardens, Florida 33418 (hereinafter referred to as "Owner") and St. Paul Fire and Marine Insurance Company (hereinafter referred to as "Surety") are firmly bound unto Collier County, Florida (hereinafter referred to as "County") in the total aggregate sum of eight hundred fifty four thousand nine hundred eighty one and 33/100 (:$854,981.33) lawful money of the United States, for the payment of which sum we]] and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Owner and Surety are used for singular or plural, as the context requires. THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for approval by the Board a certain subdivision plat name Island Walk, Phase It and that certain subdivision shall include specific improvements which are required by Collier County Ordinances and Resolutions (hereinafter "Land Development Regulations"). This obligation of the Surety shall commence on the date this Bond is executed and shall continue until the date of final acceptance by the Board of County Commissioners of the specific improvements described in the Land Development regulations (hereinafter the "guaranty period"). NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and duties in accordance with the Land Development Regulations during the guaranb' period established by the County, and the Owner shall satisfy all claims and demands incurred and shall fully indemnify and save harmless the Cot. mty from and against all costs and damages which it may suffer by reason of Owner's failure to do so, and shall reimburse and repay the County all outlay and expense which the county may incur in making good any default, then this obligation shall be void, othenvise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees that no change, extension of time, alteration, addition or deletion to the proposed specific improvements shall in any way affect its obligation on this Bond and it does hereby waive notice of any such change, extension of time, alteration, addition or deletion to the proposed specific improvements. PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed amended automatically and immediately, without formal and separate amendments hereto, so as to bind the Owner and the Surety to the full and faithful performance in accordance with the Land Development Regulations. The term "Amendment" whenever used in this Bond and whether referring to this Bond or other documents, shall include any alteration, addition, or modification of any character whatsoever. IN WITNESS WHEREOF, the parties hereto have caused this PERFORaMANCE BOND to be executed this 10th day of December, 1998. FEB 2, 3 1999 · flle$[RiUI ST. PAUL FIRE AND MARINE iNSURANCE CONtPANY 2 c]- c4 CERTrFICATE OF Surety 385 Washington Street, St. Paul, Minnesota 55102 AUTHORITY NO. CERTIFIED For verification of the authenticity of this Power of Attorney, you may telephone toll free ! -800-421-3880 and ask for COPY NO- the Power of Attorney Clerk. Please refer to the Certificate of Authority No. and the named individual(s). -- ...... Q ~ ~,, GENERAL POWER OF ATTORNEY - CERTIFIED COPY .;' L_~ ~.5 z.(. ,.., .-~---15907 (Original on File at Home Office of Company. See Certification.) ~/ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, a corporation organized and existing under the laws of the State t, ....mnesota, having its principal office in the City of St. Paul, Minnesota, does hereby constitute and appoint: James I. Moore, John R. Stoller,Maureen E. Thomas, Jane K. Botting, Suzanne Treppa, Julia T. Corcoran, Bruce E. Robinson, Nicolette Carlone, Sandra A. Thomas, Vincent J. Frees, Calvin R. Boyd, Colette R. Zukoff, individually, Countryside, Illinois its true and lawful attomey(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, role, regulation, contract or otherwise, NOT TO EXCEED IN PENALTY THE SlIM OF ONE MILLION DOLLARS($1,000,000)EACH and the execution of all such instrument(s) in pursuance of these presents, shall be as binding upon said St Paul Fire and Marine Insurance Company, as fully and amply. to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority of Article V,-Section 6(C), of the By-Laws adopted by the Shareholders of ST. PAUL FIRE AND MARINE INSURANCE CO~IPANY at a meeting called and held on the 28th day of April, 1978, of which the following is a true transcript of said Section 6 (C): "The President or any Vice President, Assistant Vice President, Secretary or Service Center General Manager shall have power and authority ( 1 ) To appoint Attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. and (2) To appoint special Anomeys-in-fact. who are hereby authorized to certify to copies of any power-of-anomey issued in pursuance of this section and/or any' of the By-Laws of the Company, and (3) To remove, at any time, any such Attomey-in-fact or Special Attorney-in-fact and revoke the authority given him." i r. er, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and l'i _ on the 5th day of May, 1959. of which the following is a true excerpt: "Now therefore the signatures of such officers and the seal of the Company may be affixed to any such pov,'er of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." ~,,,~_:~,,,,~,,,,,,,,,~ IN TESTIMONY WHEREOF, St. Paul Fire and Marine Insurance Company has caused this instrument to be signed and its corporate ~,~4;,'~x~s 4 7~'%~ seal to be affixed by its authorized officer, this 8th day of january, A.D. 1998. :~ STATE OF NEW JERSEY } ss. County of Somerset P. CU Y. Secret n this 4th day of August ,19 98 , before me came the individual who executed the preceding instrument, to me ~rsonally known, and, being by me duly sworn, said that he/she is the therein described and authorized officer of St Paul Fire and Marine Insurance Company; that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his/her signature were duly affixed by order of the Board of Directors of said Company. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the township of Bedminster, New Jersey, the  day and year first above v.'rinen. .'( Public My Commission Expires December 16, 2001 CERTIFICATION I, the undersigned officer of St. Paul Fire and Marine Insurance Company, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By-Laws of said Company as set forth in said Power of Anomey, with the ORIGINALS ON FILE IN THE BOh, IE OffICE OF SAID COMPA.N~', and that the same are correct transcripts thereof, and of the whole of the said o~nals, and that the said Power of Anomey has not been revoked and is now in full force and effect. /~ IN TESTIMONY WEEOF, I have hereunto set my hand this /7//~ ~. ~~[ ~^,,{, 10th dayof December ,19 e)8 . MARYF SY.~ ........ Only a certified copy of Power of Attorney bearing the Certificate of Authority No. printed in red on the upper fight comer is binding. Phote opies, carbon copies or other reproductions of this document are invalid and not binding upon the Company. INs 'atrym SSt D IN XCF_SS OF P, r ALTY 3,otn, rr SXArgD ^BOW. tS vom wrmotrr e, 'iilitD .. 20580 Flev. 7-~8 Printed in U.S.A. , P0. ACKNOWLEDGEMENT BY SURETY STATE OF MICHIGAN ) COUNTY OF OAKLAND) On this 10th day of December, 1998, before me personally appeared Nicolene J. Carlone, known to me to be the Anorney-in-Fact of St. Paul Fire and Marine Insurance Company, the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. In witness whereof, I have hereunto set my hand and affixed my official sea!, at my office in the aforesaid Count)', the day and year in this certificate first above wTitten. My Commission Expires: March 26, 2002 '~ ~ - - OAKkAND COUNTY Notary Public, Marcia G. Howard MYCOMM~SSDN DCP. MAR. 2s,2e~ J Oakland County. Michigan MH 033 FEB g 3 1999 Pc). ff EXHIBIT B ENGINEER'S COST ESTIMATE SU1%I,MARY I. Sanitary Collection System $276,395.10 II. Potable Water $122,946.50 III. Drainage $104,488.30 IV. Paving $249,625.85 V. Lighting $ 23,800.00 Total Contract $777,255.75 Contingencies - 10% $ 77,725.58 Total Construction $854,981.33 Word my documert~'x~'ord processing documen~q'mrvey\.con-main. agr 5 FEB 2 3 1999 EXECUTIVE SUMMARY REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "VILLAGE WALK PHASE SIX" OBJECTIVE: To grant final acceptance of "Village Walk Phase Six" CONSIDERATION: 1. On October 31, 1997, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Village Walk Phase Six" 2. The roadway, drainage, water and sewer improvements not required by the plat to be maintained by the project's homeowners association will be maintained by the County. 3. The required improvements have been constructed in accordance with the Land Development Code. The County Development Services has inspected the improvements and is recommending final acceptance of the improvements. 4. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. FISCAL IMPACT: The roadway, drainage water and sewer improvements not required to be maintained by the project's homeowners association will be maintained by the County Transportation Department and the County Utility Divisions. Funds for the routine maintenance and upkeep will come from the Operations and Maintenance budgets of the Transportation Services and Utility Divisions. GROWTH MANAGEMENT IMPACT: None FEB 3 1999 pg. / ~ Executive Summary Village Walk Phase Six Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Village Walk Phase Six" and release the maintenance security. 1. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: Jc John R. Houldsworth, Senior Engineer Date Engineering Review REVIEWED BY: ~ ~. dL,,J'. z-/~-~f Thoma~ E. Kuck, P.~. ' Date Engineering Review Manager here, AICP Date Planning Services Department Director Vincent A. Cautero, AICP, Administrator Date Community Dev. and Environmental Svcs. j rh FEB Z ;) 1999 ................ . .__,,--- ...... ', -: 1 RESOLUTION NO. 99- 2 3 ....................... 4 RESOLUTION AUTHORIZING FINAL 5 ACCEPTANCE OF THOSE ROADWAY, '.j~.; ~:L.:~,~.-';~--,-L~---x~--.--~ ...... 6 DRAINAGE, WATER AND SEWER 7 IMPROVEMENTS IN VILLAGE WALK PHASE -,-,- . . _ _ ~_ -::-- .. - B SIX, RELEASE OF THE MALNTENANCE ....... 9 SECURITY, AND ACCEPTING THE .... ' .............. ' ............... t 0 MAINTENANCE RESPONSIBILITY FOR THE _.~j:~,~ 11 ROADWAY, DRAINAGE, WATER AND SEWER 12 IMPROVEMENTS THAT ARE NOT REQUIRED TO 13 BE MAINTAINED BY THE HOMEOWNERS ~,,, .......- ......... : - · 14 ASSOCIATION. ":: -" 16 ~~ 17 18 WHEREAS, the Board of County Commissioners of Collier County, Florida, on -_.,.] ...... ,- 19 July 29, 19P? approved the plat of' Village Walk Phase Six for recording; and ........................ :" ....':" ........ 20 ...... . ............. 21 WHEREAS, the developer has constructed and maintained the roadway, drainage, 22 water and sewer improvements in accordance with the approved plans and specifications 23 and as required by the Land Development Code (Collier County Ordinance No. PI-102, ................. 24 as amended); and the Utilities Standards and Procedures Ordinance (Collier County 25 Ordinance No. 97-17), and ...... ' ........... 26 ...... -:. ......... - ...... 27 WHEREAS, the developer has now requested final acceptance of the roadway, 28 drainage, water and sewer improvements and release of his maintenance security; and ,~_--,,,,-- - - - ;.. ..- .:- - -:_:..: ? -_. -: ......... 29 --~r .......... , .....'::'::' '-'-' .... 30 WHEREAS, the Compliance Services Section of the Development Services .~- ~ ......... ~ .... 31 Department has inspected the roadway, drainage, water and sewer improvements and is ::2.,~2~.2..j,'-~..-_.-.-~:Z';.~.-~-)~-;~-'; 32 recommending acceptance of said facilities. "--- 33 ~ -~-~~ 34 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY .... '. "_ ~,...,~ '.- _L'SLT~5 --, ...... 35 CO~MMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance be ':" ':' 3B granted for those roadway, drainage, water and sewer improvements in Village Walk ~ - ........ 37 Phase Six, and authorize the Clerk to release the maintenance security. ' "~ '; ' - ' ' ' ' .... 38 39 BE IT FURTHER RESOLVED AND Oi:~Z)ERED that the County accept the ---- 40 future maintenance and other attendam costs for the roadway, drainage, water and sewer ..... 41 improvements that axe not required to be maintained by the homeowners association. 42 .... " 43 This Resolution adopted after motion, second End majority vote favoring same. .~:-=~:¢i~-~-.. ~ 44 45 .... ""' "": : 46 -- ,.,.,.,¥,.~.,,~i4-;o,;,~-~-~-.~:.,~.~-,.~,,,~-,.e2-- 47 DATE: BOARD OF COUNTY COMMISSIONERS 48 ATTEST: COLLIER COUNTY, FLORIDA 49 DWIGHT E. BROCK, CLERK .: _.-,. .-:--- ;..-,-. · _ .... ~--- ........ 51 By: .... '-. ..... - .... 52 PAMELA S. MAC'KIE, CHAIRWOMAN -' ....'--' ~. :-.--- .- ........ 55 Approved as to form and legal ,~_-_a~_~..~,,. ....~ ,.: :._~: ....;~ 56 sufficiency:- - . .-,-~' ' ' . . - ' ;,"- ': " .... ' ' ', '~ 58 ..... ' _ ..... 59 Heidi F. Ashton ~ .~.. ~~--~"~- '60 Assistant Collier County Attorney ~~' o ~ .'.:..: ............... ~ ....... - ..... - . . .......... i~ ._ ( .. .'-'~': ......'_ .....7 ...... '.;',.-j: ..........~:2~,~.i~-:~.~'-2~!2.~?~--'-~---:~.~5~/--Lr'-~3~':~ ........................... - · ' EXECUTIVE SUMMARY REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "VILLAGE WALK PHASE FOUR" OBJECTIVE: To grant final acceptance of "Village Walk Phase Four" CONSIDERATION: 1. On June 3, 1996, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Village Walk Phase Four" 2. The roadway, drainage, water and sewer improvements not required by the plat to be maintained by the project's homeowners association will be maintained by the County. 3. The required improvements have been constructed in accordance with the Land Development Code. The County Development Services has inspected the improvements and is recommending final acceptance of the improvements. 4. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. FISCAL IMPACT: The roadway, drainage water and sewer improvements not required to be maintained by the project's homeowners association will be maintained by the County Transportation Department and the County Utility Divisions. Funds for the routine maintenance and upkeep will come from the Operations and Maintenance budgets of the Transportation Services and Utility Divisions. GROWTH MANAGEMENT IMPACT: None FEB 2,3 1999 _.__P_g.._ / Executive Summary Village Walk Phase Four Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Village Walk Phase Four" and release the maintenance security. 1. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: John R. Houldsworth, Senior Engineer Date Engineering Review Thomas E. Kuck, P.E. Date Engineering Review Manager Date Planning Services Department Director Vincent A. Cautero, AICP, Administrator Date Community Dev. and Environmental Svcs. j rh FEB 2 8 1999 ~c 25 3 29 28 " 36" ' ,31 3~ ~:~ . 33 E 'PROJECT IX)CAT] BEACH ROAD ] ;~ :"' 8 T 49-S', " 6 1p ~ 13 18 1 ? ':-:..: :/,...-:: :--,16 -- ~ --15 14 20 91 f 2P 9' 24 19 ~ ~ RESOLUTION NO. 99- I : 4 RESOLUTION AUTHORIZING FINAL ....... . ~:.. ::..~:--; = :~~:~ 5 ACCEPTANCE OF THOSE ROADWAY, · '-' - :' ': '-: :~': "" -:' ~: ~ -:: ~'- 6 DRAINAGE, WATER AND SEWER 7 IMPROVEMENTS IN VILLAGE WALK PHASE -~---~=~- ~-'~.~'~'~'~-.~'~"~'~""'- 8 FOUR, RELEASE OF THE MAINTENANCE -" : :': :~;' :~ '.': '' ' ' ;' 9 SECURITY, AND ACCEPTING THE ~ 0 MAINTENANCE RESPONSIBILITY FOR THE ~ .... :'~:' ...... :" .....~ 11 ROADWAY, DRAINAGE, WATER AND SEWER .~;.=-___.~-,-~r-~.;-~-..~.~..~,~.:.:. ~. ~:_- ::~ 12 IMPROVEMENTS THAT ARE NOT REQUIRED TO 13 BE MAINTAINED BY THE HOMEOWNERS ' ' :':?i" :'':- ';~::':;:"'::-'-;- '5' 14 ASSOCIATION. ~'--~. / _ - - ~--;,-;;~-~_~: 15 16 -- 17 -: ........' .....: ' - 18 ~-IEREAS, the Board of County Commissioners of Collier County, Florida, on '- '~ '.'~ .... Y~Z 19 February 20, 1996, approved the plat of Village Walk Phase Four for recording; and : 20 .... -:~.~.~:~:~ i:. :.:::~.! .~ .... 21 WHEREAS, the developer has constructed and maintained the roadway, drainage, ._.- ._~77~ 22 water and sewer improvements in accordance with the approved plans and specifications · 23 and as required by the Land Development Code (Collier County Ordinance No. 91-102, -:~-;~ -'~ ....?~"'~'z~'~: 24 as amended); and .the Utilities Standards and Procedures Ordinance (Collier County .... -: _' .... ' .......:' ~::7 :: 7 :; 25 Ordinance No. 97-17), and ~ "- ................' 26 .... ~""~' 27 WHEREAS, the developer has now requested final acceptance of the roadway, ~~ 28 drainage, water and sewer improvements and release of his maintenance security; and · :; -- ;-' '---.--TT ! .-.:~: 29 30 WHEREAS, the Compliance Services Section of the Development Services ~;- ~ :"; ~ 31 Department has inspected the roadway, drainage, water and sewer improvements and is -~-=z~-~-:~.-.-:_._~..~_,:., ~:._- :,~.:~:..~ -. 32 recommending acceptance of said facilities. 33 ": ": '~' e~': ' ~"~'~:"~ 34 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY r -~- ' -;'. :'; ' ':':: ' . -; _;~.-~ :~-.~:~4-~:,-?:..::~ 5.: ..... 35 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance be 3~ granted for those roadway, drainage, water and sewer improvements in Village Walk "'-'".' ' 77~-";~ ';7;~~'''' %:~' '::-~ 37 Phase Four, and authorize the Clerk to release the maintenance security. _ 39 BE IT FURTHER RESOLVED AND ORDERED that the County accept the : 40 future maintenance and other attendant costs for the roadway, drainage, water and sewer .----~-~ ~: '-~-~ ~ 41 improvements that are not required to be maintained by the homeowners association. .... ~- 42 · 43 This Resolution adopted after motion, second and majority vote favoring same. ~ ...... I _ . .. .: I: ....~ 44 ';6~"~~""""""""'~:~<=~ ...... 47 DATE: BOARD OF COUNTY COMMISSIONERS ...... ~:77 7)-':"~':7~-'~ 48 ATTEST: COLLIERCOUNTY, FLORIDA -' :':' -:: .......' ....... 49 DWIGHT E. BROCK, CLERK 50 ;, i. "-,: .. *;5;- :- ' ' - · -- -~..;~~ 52 ~'AM~LA S. MAC'E, CHAmWOMA2q 53 -- ~ ~~~--~ 55 Approvcd as to form and legal '.. ~-" .. 57 . 59 Heidi F. ,~h'~or~ 60 Assistant Collier County Attomey FEB 3 1999 _~-~--.~.,~,- 4~--',, -~: :~-~-7'~": J -:- +"~7q, 7: qL. _--,~-77' - EXECUTIVE SUMMARY AUTHORIZATION OF A 100% WAIVER OF ALL IMPACT FEES FOR NINE VERY LOW INCOME SINGLE FAMILY HOUSES TO BE BUILT IN THE SEMINOLE SUBDIVISION IN IMMOKALEE BY HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. To have the Board of County Commissioners authorize the payment of impact fees and to appropriate the funds for the waiver of these fees: Road Impact Fees, Library System Impact fees, Parks and Recreational Facility Impact Fees, Emergency Medical Services System Impact Fees, and Educational Facility System Impact Fees. The impact fees are for the following facilities: nine houses to be built by Habitat for Humanity of Collier County, Inc. with funds from the Affordable Housing Trust Fund. CONSIDERATIONS: Habitat for Humanity of Collier County, Inc. has submitted application for waiver of impact fees for the purchasers of nine houses to be built in the Seminole Subdivision in Immokalee that will sell to very low income families for approximately $46,500 each. The homes will be built on the following described properties. Lot 5, Block A, Seminole Subdivision, Immokalee, Plat Book 1 at Page 31 Lot 6, Block A, Seminole Subdivision, Immokalee, Plat Book 1 at Page 31 Lot 28, Block A, Seminole Subdivision, Immokalee, Plat Book 1 at Page 31 Lot 29, Block A, Seminole Subdivision, Immokalee, Plat Book 1 at Page 31 Lot 7, Block B, Seminole Subdivision, Immokalee, Plat Book 1 at Page 31 Lot 8, Block B, Seminole Subdivision, Immokalee, Plat Book 1 at Page 31 Lot 9, Block B, Seminole Subdivision, Immokalee, Plat Book 1 at Page 31 Lot 31, Block B, Seminole Subdivision, Immokalee, Plat Book 1 at Page 31 Lot 32, Block B, Seminole Subdivision, Immokalee, Plat Book 1 at Page 31 Habitat for Humanity of Collier County, Inc. has certified that the applicants will meet the requirements under the Impact Fee Waiver Ordinances as very low income, first time home buyers to qualify for Affordable Housing Impact Fee Waivers. FISCAL IMPACT: Funding for the proposed impact fee waivers is available in the Affordable Housing Trust Fund. The total amount of impact fees requested to be waived is $35,365.68 FEB 2. 3 1999 / Executive Summary Habitat for Humanity of Collier County, Inc. Page Two Impact fee charges for the nine (9) houses in Seminole Subdivision in Immokalee be itemized as follows: Unit 9 Houses a) Library System Impact Fee $ 180.52 $1,624.68 b) Road Impact Fee 1,379.00 12,411.00 c) Parks & Recreational Impact Fee 1) Community Parks 399.00 3,591.00 2) Regional Parks 179.00 1,611.00 d) Emergency Services Impact Fee 14.00 126.00 e) School Impact Fee 1,778.00 16.002.00 TOTAL IMPACT FEES $3,929.52 $ 35,365.68 GROWTH MANAGEMENT IMPACT: The impact fee waivers will bring relief to the buyers of housing for very low income families in compliance with policy 1.5.2 of the Housing Element of the Growth Management Plan. RECOMMENDATION: That the board of County Commissioners approve the Resolutions and Agreements authorizing the waiver of impact fees for nine (9) homes to be built in Seminole Subdivision in Immokalee by Habitat for Humanity of Collier County, Inc. for very low income buyers and to pay for these impact fee waivers with State Housing Incentive Partnership [SHIP] program revenue funds. GM/jd/2/09/99 PREPARED BY: Gre rector Date Housing ahd Urban Improvement K'r C 1G e~t X. Cautero, AICP, Administrator Date Community Development and Environmental Services jd/c/naples manor FEB 2 B 1999 'I 3 RESOLUTION NO. 99- 4 5 7 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER 8 COLrNTY, FLORIDA, AUTHORIZING WAIVER OF LIBRARY SYSTEM 9 IMPACT FEES, PARKS AND RECREATIONAL FACILITIES IMPACT FEES, 10 ROAD IMPACT FEES, EMERGENCY MEDICAL SERVICES IMPACT FEES 11 AND EDUCATIONAL FACILITIES SYSTEM IMPACT FEES FOR ONE HOUSE 12 TO BE CONSTRUCTED BY HABITAT FOR HUMANITY OF COLLIER 13 COUNTY, INC., ON LOT 5, BLOCK A IN SEMINOLE SUBDIVISION, 14 IMMOKALEE. 15 16 WHEREAS, Collier County has recognized and attempted to address the lack of adequate and affordable 17 housing for moderate, low, and very-low income households in the County and the need for creative and 18 innovative programs to assist in the provision of such housing by including several provisions in the Collier 19 County Growth Management Plan, including: objective 1.4, policy 1.4.1;objective 1.5, policy 1.5.2, policy 1.5.3, 20 policy 1.5.4, policy 1.5.5, policy 1.5.6; objective 1.6, policy 1,6.3; objective 2.1, policy 2.1.1, policy 2.1.2, policy 21 2.1.3, policy 2.1.5, and policy 2.1.6 of the Housing Element; and 22 WHEREAS, Collier County has received funding pursuant to the State Housing Initiatives Parmership 23 Program set forth in Section 420,907 et. seo_,, Florida Statutes and Chapter 91-37, Florida Administrative Code; 24 and 25 WHEREAS, in accordance with Collier County Ordinance No. 93-19, the County is authorized to use 26 funding from the State Housing Initiatives Partnership [SHIP] Program for waivers of Collier County impact 27 fees; and 28 WHEREAS, Habitat for Humanity of Collier County, Inc. is seeking a waiver of impact fees; and 29 WHEREAS, Habitat for Humanity of Collier County, Inc. will construct one (1) three-bedroom unit (the 30 "Dwelling Unit") on Lot 5, Block A, Seminole Subdivision in Immokalee which is proposed to sell for Forty-Six 31 Thousand Five Hundred Dollars ($46,500.00); and 32 WHEREAS, the Dwelling Unit will be purchased by a very low income household which is required to 33 invest a minimum of five hundred (500) hours of "Sweat Equity" before it obtains title to the house; and 34 WHEREAS, Mr. Charles C. Smith, Vice President of Habitat for Humanity of Collier County, Inc., 35 submitted to the Office of Housing and Urban Improvement an Affordable Housing Application dated December 36 21, 1998 for a waiver of impact fees for the construction of a house on Lot 5, Block A, Seminole Subdivision in 37 ~mm~ka~ee~ac~py~fsaidapp~icati~nis~n~~eintheH~usingandUrban~mpr~vementDepartment;and 38 WHEREAS, in accordance with Section 3.04 of the Library System Impact Fee Ordinance, Ordinance 39 No. 88-97, as amended; Section 4.05 of the Parks and Recreational Facilities Impact Fee Ordinance, Ordinance 40 No. 88-96, as amended; Section 3.04 of the Road Impact Fee Ordinance, Ordinance No. 92-22, as amended; 41 Section 3.05 of the Emergency Medical Services System Impact Fee Ordinance, Ordinance No. 91-71, as 42 amended; and Section 3.05 of the Educational Facilities System Impact Fee Ordinance, Ordinance No. 92-33, as 43 amended; an applicant may obtain a waiver of impact fees by qualifying for a waiver; and - - 1 WHEREAS, Habitat for Humanity of Collie County, Inc. has qualified for an impact fee waiver based 2 upon the following representations made by Habitat for Humanity of Collier County, Inc.: k A. The Dwelling Unit shall be sold to a f~rst-time home buyer. B. The Dwelling Unit shall be sold to a household with a very low income level as that term is 5 defined in the Appendices to the respective Impact Fee Ordinances and the monthly payment to 6 purchase the unit must be within the affordable housing guidelines established in the Appendices 7 to the respective Impact Fee Ordinances. 8 C. The Dwelling Unit shall be the Homestead of the owner. 9 D. The Dwelling Unit shall remain affordable for fifteen (15) years from the date the certificate of 10 occupancy is issued. 11 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COLrNTY COMMISSIONERS OF 12 COLLIER COLFNTY, FLORIDA, that: 13 1. The Board of County Commissioners hereby authorizes the County Administrator to issue an 14 Authorization for waiver of impact fees to Habitat for Humanity of Collier County, Inc. for one 15 (l) house which shall be constructed on Lot 5, Block A, Seminole Subdivision in Immokalee, 16 Collier County, Florida. 17 2. Upon receipt by the Housing and Urban Improvement Director of an agreement for waiver of 18 impact fees signed by Habitat for Humanity of Collier County, Inc., and/or the purchaser. or 19 other documentation acceptable to the County Attorney, the Board of County Commissioners '~ hereby authorizes the payment by Collier County of the following impact fees from the 2, Affordable Housing Trust Fund, Fund (191), in the following amounts for the one (1) house to be 22 built on Lot 5, Block A, Seminole Subdivision in Immokalee by Habitat for Humanity of Collier 23 County, Inc.: 24 A. Library Impact Fee $ 180.52 25 B. Road Impact Fee 1,379.00 26 C. Parks and Recreational Facilities 27 Impact Fee: 28 (1) Community Parks 399.00 29 (2) Regional Parks 179.00 30 D. EMS Impact Fee 14.00 31 E. Educational Facilities System 32 Impact Fee 1.778.00 33 TOTAL IMPACT FEES $3,929.52 34 3. The payment of impact fees by Collier County is subject to the execution and recordation of 35 an agreement for waiver of Collier County Impact Fees between the property owner and/or 36 purchaser and the County. - 2 - FEB 2 3 1999 P¢I. /// -~ 1 This Resolution adopted after motion, second and majority vote favonng same. 2 3 4 DATED: 5 6 ATI'EST: BOARD OF COUNTY COMMISSIONERS 7 DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA 8 9 10 By: 11 PAMELA S. MAC'KIE, CHAIRWOMAN 12 13 14 Approved as to form and 15 legal sufficiency: 16 18 19 He~i~i F. Xshion ' 20 Assistant County Attorney 21 22 23 j&'gm/c/semmoles/djreso 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 - 3 - FEB B 8 1999 '1 2 3 4 5 6 7 8 9 10 11 12 13 14 EXI:[IBIT "A' 15 16 LEGAL DESCRIPTION 17 18 19 20 LOT 5, OF BLOCK A, SEMINOLE SUBDIVISION IN IMMOKALEE, 21 ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN 22 PLAT BOOK 1, AT PAGE 31 OF THE PUBLIC RECORDS OF COLLIER 23 COUNTY FLORIDA. 24 25 26 27 28 29 30 31 32 33 34 36 37 38 39 - ,~ - FEB g :8 1999 AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this _ day of 1999, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as "OWNER." WITNESSETH: WHEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; and Collier County Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee Ordinance, as they may be further amended from time to time hereinafter collectively referred to as "Impact Fee Ordinance", provide for waivers of impact fees for new owner-occupied dwelling unit qualifying as affordable housing; and WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban Improvement; and WHEREAS, the County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 99~ at its regular meeting of ,1999; .nd F E B 2 3 1999 - 3. - WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the appendices to the Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the following: a. The Dwelling Unit shall be sold to a household with a very low income as defined in the appendices to the Impact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. The Dwelling Unit shall be sold to a first-time home buyer; c. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $3,929.52 pursuant to the Impact Fee Ordinance. In return for the waiver of the impact fees owed b OW'~.,~.2~~ OWNER covenants and agrees to comply with the afforda ~e housing F E B g 8 1999 - 2 - impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreement; which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the termination of the lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the Chairman of the Board of County Commissioners. 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing st~ qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the F E B 2 1999 - 3 - impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years from the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement and the default is not cured within (30) days after written notice to OWNER, the Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: OWNERS: ~/r~ HABITAT FOR HUMANITY OF STATE OF Florida ) COUNTY OF Collier ) The foregoing instrument was acknowledged before me this ~ day of. . ,1999 by Charles C. Smith, Vice President of Habitat for Humanity of Colher County, onally known to me. [NOTARIAL SEAL] S~:~i~re of Person Taking Acknox41edgment -~':-~--'~"""'~~o~~~ E D Or i~'./'~% JOANN Na e of Acknowledger Typed, Printed Stamped .~ MY IX)MMISSION # C12:T19612 ~,~I~ EXHRES: 05t30/2002 , %. ' ..." DATED: BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, Clerk By: "' PAMELA S. MAC'KIE, CHAIRWOMAN Approved as to form and legal sufficiency Assistant County Attorney jd/gm/c/naplesmanoraddn/agree F E B 2 3 1999 - 5 - EXHIBIT "A" LEGAL DESCRIPTION LOT 5, BLOCK A, SEMINOLE SUBDIVISION IN IMMOKALEE, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 1, AT PAGE 3 1, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. F E S 2 3 1999 - 6 - -.,. '~:~:~':" .;-...,... P/-,4T r3~,~/c. I~ ~ 3. .,. . ~ ~ ~! ,~ ~ ! . ,,', I I 3R. 5' 3..~. I I I I 30 ? 30 ~' I I · I I .2.3 /'t' ,~.3 /'f ~ I R,~ 1,,4-' ~. ~. t,S' - I '~ / /~ ' ~ / /~ ' I I · ., 1~, 16 ~, 'p 1.9 /~ .. ~ · - ':,~. :.- ... · .- ...::: :,..: · . -,.- ! ,,: , · _- ..":~' · : "'-:" F E B ?-, 3 1999 EXECUTIVE SUMMARY AUTHORIZATION OF A 100% WAIVER OF ALL IMPACT FEES FOR EIGHT VERY LOW INCOME SINGLE FAMILY HOUSES TO BE BUILT IN NAPLES MANOR BY HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. OBJECTIVE: To have the Board of County Commissioners authorize the payment of impact fees and to appropriate the funds for the waiver of these fees: Road Impact Fees, Library System Impact fees, Parks and Recreational Facility Impact Fees, Emergency Medical Services System Impact Fees, Collier County Regional Water Impact Fees, Collier County Regional Sewer Impact Fees, and Educational Facility System Impact Fees. The impact fees are for the following facilities: eight houses to be built by Habitat for Humanity of Collier County, Inc. with funds from the Affordable Housing Trust Fund. CONSIDERATIONS: Habitat for Humanity of Collier County, Inc. has submitted application for waiver of impact fees for the purchasers of eight houses to be built in Naples Manor that will sell to very low income families for approximately $46,500 each. The homes will be built on the following described properties. Lot 13, Block 13, Naples Manor Addition, Plat Book 3 at Page 68 Lot 20, Block 14, Naples Manor Addition, Plat Book 3 at Page 68 Lot 6, Block 5, Naples Manor Annex, Plat Book 1 at Page 110 Lot 16, Block 5, Naples Manor Extension, Plat Book 3, Page 98 Lot 10, Block 6, Naples Manor Extension, Plat Book 3, Page 98 Lot 19, Block 2, Naples Manor Lakes, Plat Book 3, Page 86 Lot 1, Block 13, Naples Manor Lakes, Plat Book 3, Page 86 Lot 5, Block 15, Naples Manor Lakes, Plat Book 3, Page 87 Habitat for Humanity of Collier County, Inc. has certified that the applicants will meet the requirements under the Impact Fee Waiver Ordinances as very low income, first time home buyers to qualify for Affordable Housing Impact Fee Waivers. FISCAL IMPACT: Funding for the proposed impact fee waiver is available in the Affordable Housing Trust Fund. The total amount of impact fees requested to be waived is $54,236.16. Impact fee charges for the eight houses in Naples Manor would be itemized as follox~[s: ~o~~/5 FEB 2 3 1999 Executive Summary Habitat for Humanity of Collier County, Inc. Page Two Unit 8 Houses a) Library System Impact Fee $ 180.52 $1,444.16 b) Road Impact Fee 1,379.00 11,032.00 c) Parks & Recreational Impact Fee 1 ) Community Parks 399.00 3,192.00 2) Regional Parks 179.00 1,432.00 d) Emergency Services Impact Fee 14.00 112.00 e) Water Impact Fee 1,275.00 10,200.00 f) Sewer Impact Fee 1,575.00 12,600.00 g) School Impact Fee 1,778.00 14.224.00 TOTAL IMPACT FEES $6,779.52 $54,236.16 GROWTH MANAGEMENT IMPACT; The impact fee waivers will bring relief to the buyers of housing for very low income families in compliance with policy 1.5.2 of the Housing Element of the Growth Management Plan. RECOMMENDATION: That the board of County Commissioners approve the Resolutions and Agreements authorizing the waiver of impact fees for eight (8) homes to be built in Naples Manor by Habitat for Humanity of Collier County, Inc. for very low income buyers and to pay for these impact fee waivers with State Housing Incentive Partnership [SHIP] program revenue funds. GM/j d/2/10/9 9 PREPARED BY: . ctorl Greg Date Housing and Urban Improvement Vi~autero, AICP, Administrator Date Conuni~ Development ~d Enviro~ental Se~ices j~/..p~o FEB 2 3 1999 1 RESOLUTION NO. 99- ~~,~,. 2 3 4 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONEKS, COLLIER 5 COUNTY, FLORIDA, AUTHORIZING WAIVER OF REGIONAL WATER SYSTEM 6 IMPACT FEES, REGIONAL SEWER SYSTEM IMPACT FEES, LIBRARY SYSTEM 7 IMPACT FEES, PAR.KS AND RECREATIONAL FACILITIES IMPACT FEES, ROAD 8 IMPACT FEES, EMERGENCY MEDICAL SERVICES IMPACT FEES AND 9 EDUCATIONAL FACILITIES SYSTEM IMPACT FEES FOR ONE HOUSE TO BE 0 CONSTRUCTED BY HABITAT FOR HLrMANITY OF COLLIER COUNTY, INC., 1 ON BLOCK 13, LOT 13, NAPLES MANOR ADDITION, COLLIER COUNTY, 2 FLORIDA. 3 4 WHEREAS, Collier County has recognized and attempted to address the lack of adequate and affordable 5 housing for moderate, low, and very-low income households in the County and the need for creative and innovative 6 programs to assist in the provision of such housing by including several provisions in the Collier County Growth 7 Management Plan, including: objective 1.4, policy 1.4.1; objective 1.5, policy 1.5.2, policy 1.5.3, policy 1.5.4, policy L8 1.5.5, policy 1.5.6; objective 1.6, policy 1.6.3; objective 2.1, policy 2.1.1, policy 2.1.2, policy 2.1.3, policy 2.1.5, and 19 policy 2.1.6 of the Housing Element; and 20 WHEREAS, Collier County has received funding pursuant to the State Housing Initiatives Parmership Program 21 set forth in Section 420.907 et. seq., Florida Statutes and Chapter 91-37, Florida Administrative Code; and 22 WHEREAS, in accordance with Collier County Ordinance No. 93-19, the County is authorized to use funding 23 fi'om the State Housing Initiatives Partnership [SHI?] Program for waivers of Collier County impact fees; and 24 WHEREAS, Habitat for Humanity of Collier County, Inc. is seeking a waiver of impact fees; and 25 WHEREAS, Habitat for Humanity of Collier County, Inc. will construct one (1) three-bedroom unit (the 26 "Dwelling Unit") on Block 13, Lot 13 Naples Manor Addition which is proposed to sell for Forty-Six Thousand Five 27 Hundred Dollars ($46,500.00); and 28 WHEREAS, the Dwelling Unit will be purchased by a very low income household which is required to invest a 29 minimum of five hundred (500) hours of "Sweat Equity" before it obtains title to the house; and 30 WHEREAS, Mr. Charles C. Smith, Vice President of Habitat for Humanity of Collier County, Inc., submitted 31 to the Office of Housing and Urban Improvement an Affordable Housing Application dated December 21, 1998 for a 32 waiver of impact fees for the construction of a house on Block 13, Lot 13 Naples Manor Addition, a copy of said 33 application is on file in the Housing and Urban Improvement Department; and 34 WHEREAS, in accordance with Section 3.04 of the Regional Water and/or Sewer Systems Impact Fee 35 Ordinance, Ordinance No. 98-69; Section 3.04 of the Library System Impact Fee Ordinance, Ordinance No. 88-97, as 36 amended; Section 4.05 of the Parks and Recreational Facilities Impact Fee Ordlnance, Ordinance No. 88-96, as 37 amended; Section 3.04 of the Road Impact Fee Ordinance, Ordinance No. 92-22, as amended; Section 3.05 of the 38 Emergency Medical Services System Impact Fee Ordinance, Ordinance No. 91-71, as amended; and Section 3.05 of the 39 Educational Facilities System Impact Fee Ordinance, Ordinance No. 92-33, as amended; an applicant may obtain a 40 waiver of impact fees by qualifying for a waiver; and 41 1 FEB ,?, ,3 ' 999 ._,.WHEREAS, Habitat for Humanity of Collier County, Inc. has qualified for an impact fee waiver based upon ~. tht ing representations made by Habitat for Humanity of Collier County, Inc.: t A. The Dwelling Unit shall be sold to a first-time home buyer. ~ B. The Dwelling Unit shall be sold to a household with a very low income level as that term is defmed in i the Appendices to the respective Impact Fee Ordinances and the monthly payment to purchase the unit i must be within the affordable housing guidelines established in the Appendices to the respective Impact 7 Fee Ordinances. ~ C. The Dwelling Unit shall be the Homestead of the owner. ~ D. The Dwelling Unit shall remain affordable for fifteen (15) years from the date the certificate of 3 occupancy is issued. 1 NOW THEEFOE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER 2 COUNTY, FLORIDA, that: 3 1. The Board of County Commissioners hereby authorizes the County Adminisl~ator to issue an 4 Authorization for waiver of impact fees to Habitat for Humanity of Collier County, Inc. for one (1) 5 house which shall be constructed on Block 13, Lot 13 Naples Manor Addition, Collier County, Florida. 6 2. Upon receipt by the Housing and Urban Improvement Director of an agreement for waiver of impact 7 fees signed by Habitat for Humanity of Collier County, Inc., and/or the purchaser, or other 8 documentation acceptable to the County Attorney, the Board of County Commissioners hereby 9 authorizes the payment by Collier County of the following impact fees from the Affordable Housing :0 Trust Fund, Fund (191), in the following amounts for the one (1) house to be built on Block 13, Lot 13 ~-1 Naples Manor Addition by Habitat for Humanity of Collier County, Inc.: ;2 A. Library Impact Fee $ 180.52 ~-3 B. Road Impact Fee 1,379.00 24 C. Parks and Recreational Facilities 25 Impact Fee: 26 (1) Community Parks 399.00 27 (2) Regional Parks 179.00 28 D. EMS Impact Fee 14.00 29 E. Educational Facilities System 30 Impact Fee 1,778.00 31 F. Water Impact Fee 1,275.00 32 G. Sewer Impact Fee $1.575.00 33 TOTAL IMPACT FEES $6,779.52 34 3. The payment of impact fees by Collier County is subject to the execution and recordation of an 35 agreement for waiver of Collier County Impact Fees between the property owner and/or purchaser 36 and the County. 2 FEB E ,.$1999 1 2 This Resolution adopted after motion, second and ma3ority vote favoring same. 3 5 DATED: 5 7 ATTEST: BOARD OF COUNTY COMMISSIONERS 8 DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA 9 3 1 By: 2 PAMELA S. MAC'KIE, CHAIRWOMAN 3 5 Approved as to form and 6 legal sufficiency: 7 0 ~eidi l~.~/Xst~on" ' ,1 Assistant County Anomey 2 .3 :J, jdjc/Naples Manor Addition/reso :5 !6 -7 :8 :9 I0 1 2 3 ,4 ~5 ~6 ~7 ~8 42 43 -~7 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 3 FEB 2 8 999 I 2 3 """ 4 7 8 EXtHBIT "A" 9 0 LEGAL DESCRIPTION 1 2 3 4 LOT 13 OF BLOCK 13, NAPLES MANOR ADDITION, ACCORDING 5 TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 6 3, AT PAGE 68, OF THE PUBLIC RECORDS OF COLLIER COUNTY 7 FLORIDA. 8 9 :0 1999 ,,, ~ ,,,',' ,'- ,-,~-r_.'-, ,. '~'i i0 Z Z I, :,,,, IrO U J~ %' ... Om4 Fr _ -- _ - ,.'. ~- . .-. O, . .,.',~ ~,, ,,. ,- .--,, _ I AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this _ day of 1 between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "'COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as WI TNE S SETH: WHEREAS, Collier County Ordinance No. 98-69, the Collier County Regional Water and/or Sewer Systems Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; and Collier County Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee Ordinance, as they may be further amended from time to time hereinafier collectively referred to as "Impact Fee Ordinance", provide for waivers of impact .fees for new owner-occupied dwelling unit qualifying as affordable housing; and WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban Improvement; and WHEREAS, the County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and FEB 2 3 1999 - 'l - WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 99- at its regular meeting of ,1999; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the appendices to the Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the following: a. The Dwelling Unit shall be sold to a household with a very low income as defined in the appendices to the Impact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. The Dwelling Unit shall be sold to a first-time home buyer; c. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $6,779.52pursuant to the I pact u~~/S'' - 2 - I FEB g 3c7, 999 Ordinance. In remm for the waiver of the impact fees owed by OWNER, --~ OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreement; which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the termination of the lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of ..-- OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the Chairman of the Board of County Commissioners' ~a.~,~/f"' FEB 3 1999 - 3 - 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and : continuing for fifteen (15) years from the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement and the default is not cured within (30) days after written notice to OWNER, the Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: OWNERS: _/'~-u/hf ~/"~L,__, HABITAT FOR HUMANITY OF P- 'nt Name ~_-t~a,,¢,~ t/~;//,;,-} COLLIy CO,UNTY, INC. ~ nnt Nam ~21es C. S ~ President~ B 2 3 1999 - 4 - ,,~ _/'./ · STATE OF Florida ) COUNTY OF Collier ) by Charles C. Smith, Vice President known to me. [NOTA_RIAL SEAL] Si~e~of Person Taking Ackno~edgment ot,~ ~v~x~u~:°~~ of Acknowledger Typed, Printed or Stamped DATED: BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, Clerk By: PAMELA S. MAC 'KIE, CHAIRWOMAN Approved as to form and legal sufficiency Assistant County Attorney jd/gm/c/naplesmanorannex/agree - 5 - FEB 2 8 1999 EXHIBIT "A" LEGAL DESCRIPTION LOT 13 OF BLOCK 13, NAPLES MANOR ADDITION, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 68, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. F E B 2 3 1999 - 6 - _-- EXECUTIVE SUMMARY BUDGET AMENDMENT TRANSFERRING FUNDS FROM PERMIT FEE RESERVES FOR THE PURCHASE OF A VEHICLE AND MACHINERY OBJECTIVE: To have the Board of County Commissioners approve a Budget Amendment for the cost &purchasing a 4 x 2 mid-size truck and machinery for an expanded position in the Environmental Health Department. CONSIDERATION: The Environmental Health Department received approval for an expanded position during the most recent budget process. As this staff member will be performing job duties associated with the Building Review and Permitting Department, Community Development and Environmental Services has agreed to help defray costs associated with the new position which includes the purchase of a 4 x 2 mid-size truck at $14,100. The staff member will also require special machinery in the form of a laser level, auger, and probe with which to perform field duties. The cost of this machinery totals $2,200. FISCAL IMPACT: Funds are available from Community Development Building Permit Fund Reserves and will be transferred to Community Development Administration/Inspections. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve a budget amendment transferring funds from the applicable Reserve Account. SUBMITTED BY:~')/'-zZr'c'c~ '''~ '. , ,--- Date: d-/-2 - ~ 2' C nstan~n, Administrative Assistant APPROVED BY:,~~ ~' ~ Date: ~ '/'d- ~7 Vincent A. Cautero, Administrator Community Development & Environmental Services FEB 2 3 1999 1B/B2/199B 17:49 941793BBB3 O3LLIER CTY FLEET P/~rJE e2 EXECUTIVE SUMMARY APPROVE THE PURCHASE OF TWO (2) MODEL TL70 TRACTORS AND ONE (1) MODEL 555E BACKHOE/LOADER UNDER FLORIDA STATE CONTRACT #765-90-98-1. OBJECTIVE: To award the equipment purchases under Florida State Contract #765-900-98-1 in the amount of $97,523.00. CQNSIDERATIONS: The two (2) tractors are budgeted replacement necessary for the mowing of County-Rights-Of-Way. The backhoe is a new piece of equipment which will be used to maintain County roadway drainage facilities. This purchase is budgeted for this fiscal year. Staff has reviewed the State Contract and recommends New Holland North America, Inc. as the vendor for all three (3) pieces of equipment. FISCAL IMPACT: Funds are budgeted in the Road & Bridge Fund 101-163628-764900 in the amount of $97,523.00. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners award State Contract #765-900-98-1 to New Holland North America, Inc. for the purchase of two (2) Model TL70 tractors and one (1) Model 555E Backhoe/Loader, and; authorize staff to process the necessary REVIEWED BY: P~h/.cas~ DATE:. 7" Z/~-- ~'_._~_ .~~~rvices Director APPROVED BY : _ J DATE: ~.~--,.~""~) ~ Ed Ilschner, Public Works Administrator FEB 2 3 1999 EXECUTIVE SUMMARY CONSULTANT SELECTION RANKING FOR THE DESIGN OF LIVINGSTON ROAD FROM GOLDEN GATE PARKWAY TO VANDERBILT BEACH ROAD (Project Nos. 60071 and 62071) (CIE Nos. 52 and 58) OBJECTIVE: Obtain Board approval of staffs ranking of consultants who submitted a qualifications based proposal for the design of Livingston Road from Golden Gate Parkway to Vanderbilt Beach Road. CONSIDERATIONS: On December 21, 1998 the County requested proposals (RFP 98-2904) from interested engineering firms for the design of Livingston Road from Golden Gate Parkway to Vanderbilt Beach Road. A total of 152 inquiries were sent out by the Purchasing Department, 27 vendors requested full RFP packages, and 3 proposals were received. An appointed staff selection committee reviewed the proposals and developed the following short list ranking order: 1. Agnoli, Barber and Brundage, Inc. (teamed with Johnson Engineering, Inc.) 2. Wilson, Miller, Barton and Peek, Inc. 3. TEI (teamed with Wilkison and Associates,Inc.) In accordance with the Consultant's Competitive Negotiation Act (CCNA), staff is providing this short list ranking to the Board for approval and requesting authorization from the Board to negotiate a contract with the firm ranked first in the process. If contract negotiations are unsuccessful with the firm, staff will terminate negotiations with them and initiate negotiations with the next highest ranked firm. This process will continue until a contract is successfully negotiated. The negotiated contract will then be submitted to the Board for approval. FISCAL IMPACT: There is no fiscal impact at this time, since the Board is only being asked to approve a short list ranking of consultants. At the time a successfully negotiated contract is presented to the Board, the corresponding fiscal impact will be addressed. GROWTH MANAGEMENT IMPACT: Capital Improvement Project Nos. 52 and 58 are consistent with the Transportation Element of the Growth Management Plan. RECOMMENDATION: That the Board: 1. Approve the short list ranking of the consultants that submitted proposals for RFP 98- 2904; and 2. Authorize staff to negotiate a contract in accordance with the CCNA and return to the Board for approval. F E B 2 3 l cS9 PG. I Executive Summary Livingston Road Design Consultant Ranking Approval Page 2_~ SUBMITTED BY: -~A'~'''~'-/~/ Date: Robert C. ~ o~ P.E. 'e~/, na III P.W.E.D. Proj Z/'~//~ ~' REVIEWED BY: -. '~' Date: ns~doJrt'a~,Services Director REVIEWED BY: ~ '~ Date: bBb P,W,E,D, Director APPROVED B~ Date: Ed Ilschner Public Works Administrator FEB i 3 1999 EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT AND AWARD BID NO. 98-2885 TO CENTRAL FLORIDA LANDSCAPING, INC. (AS AMENDED AND CONDITIONED THROUGH NEGOTIATIONS) FOR THE DAVIS BOULEVARD PHASE H MEDIAN LANDSCAPING IMPROVEMENT PROJECT BETWEEN AIRPORT-PULLING ROAD AND COUNTY BARN ROAD. OBJECTIVE: Board approval of a conditional construction contract award to Central Florida Landscaping, Inc. for Bid No. 98-2885 stemming from initial cost and work scope negotiations. CONSIDERATIONS: The Davis Boulevard Phase II median landscape project between Airport-Pulling Road and County Barn Road (2.2 miles) has been previously authorized by the Board pursuant to the October 20, 1998 grant and maintenance agreements with the Florida Department of Transportation (FDOT). Concurrent with these agreement actions, staff commenced with bid letting processes. On the bid opening date of November 12, 1998, the Purchasing Department received four (4) valid bid proposals as summarized below in terms of work scope categories. WORK LOW BID HORTICULTURAL ARAZOZA HANNULA ' SCOPE CENTRAL INDUSTRIES BROTHERS LANDSCAPING CATEGORY FLORIDA (SARASOTA) (Homestead) (BONITA (TAMPA) SPRINGS) Mobilization, $275,336.00 $327,339.00 $320,884.00 $594,851.00 Maintenance, Clear/Grade, Fill, Berms, Mulch, Top Soil, etc. Landscape $207,119.54 $169,057.04 $215,798.90 $252,308.55 P.lantings Irrigation $144,719.20 $146,768.00 $147,727.50 $127,750.40 System Directional $ 33,470.00 $ 19,840.00 $ 13,434.40 $ 20,940.00 Bores and Signs (*)TOTALS $660,644.74 $6..63,004.04 $697~844.80 $995,849.95 (*) Low bid amount is $200,644.79 or 43.62% above the grant agreement estimate of $459,999.95. FEB 2 3 1999 Executive Summary February 9, 1999 Page 2 As indicated by the above tabulation, and with the exception of the highest bid proposal by Hannula Landscaping, Inc., local landscape contractors elected not to submit bid proposals for Davis Boulevard Phase II. This non-response from local contractors has lessened the competitiveness of the resultant bids against the $459,999.95 construction estimate. However, it is noted that the first three bids as received from the Tampa, Sarasota, and Homestead regions are deemed to be extremely competitive in themselves (median bid value of $673,844.53 as 2% above the lowest bid). The $200,644.79 bid overage above estimate as submitted by Central Florida Landscaping, Inc. can be attributed to the following factors: 1. Generally higher labor, material, overhead and profit costs for the prime contractor; 2. Very limited use of local suppliers and subcontractors resulting in higher costs; 3. Higher prime contractor administrative costs for complying with FDOT based contract specifications and provisions; 4. Higher construction and quality control costs for landscape designs govemed by FDOT specifications and the referenced grant agreement; 5. Higher bid values due to favorable construction market conditions which increase contractor profit margins; 6. Inclusion of specific bid line items in the final bidding documents deemed necessary for work completeness, but that were absent from the grant agreement estimate in the approximate amount of $44,000; and 7. Exclusion of a bid contingency in the grant agreement estimate for future worth dollars, fund reserves for uncertainties in actual bidding climate, and allowances for estimating tolerances. Application of bid evaluation factor number 6 above results in an adjusted/corrected grant agreement estimate of $503,999.95 (original estimate of $459,999.95 plus $44,000 for additional work), and price negotiations to date with Central Florida Landscaping, Inc. have resulted in a reduction of the low bid amount. FEB 2 3 19, 9 Executive Summary February 9, 1999 Page 3 Central Florida Bid: $660,644.74 Price and Scope Negotiations: (-) $134,587.00 Approximate Amended Bid: $526,057.74 Original Construction Estimate: $459,999.95 Amended Construction Estimate: $503,999.95 The approximate amended bid amount of $526,057.74, resulting from partially completed negotiations with the contractor, is based on both value engineering efforts and price concessions. Redesign efforts have commenced by the Design Professional, and such revisions shall need to be formally reviewed and approved by FDOT pursuant to the terms of the grant agreement. A recap of contractor negotiations to date is provided below: ITEM AS-BID APPROXIMATE AMENDED COSTS · Clear and Grade ($18,900) $0 · Select Fill ($42,625) $68,334 · Melaleuca Mulch ($71,406) $33,048 · High Select Top Soil ($105,140) $25,103 · Mobilization Cost ($16,115) $12,819 · 8-Inch Directional Bore ($5,600) $ 4,720 · Directional Bore/Sleeves ($32,970) $21,195 · As-Built Plans/Schedule ($2,250) $0 · Hay Bales ($4,800) $0 TOTALS = $299,806 $165,219 Tentative Bid Cost Reduction, Subject to Final Negotiations and FDOT Approval of Design Revisions ............ (-) $134,587 In consideration that FDOT must approve redesigns in progress and that such agency reviews and final authorization may result in further modifications to costs and specifications, staff recommends that the Board approve a contract award to Central Florida Landscaping, Inc. in the base amount of $526,057.74 with a 10% allowance to reflect possible cost increases during final negotiations. Hence, the maximum amount of the recommended bid award is $578,663.51. Executive Summary February 9, 1999 Page 4 This approach will enable the parties to ~nalize technical and cost matters concurrently with processing of contract documents by the County's Purchasing Department to minimize delays in achieving a timely construction start. The content of final negotiations with the contractor (costs, scope changes, design revisions, and supplemental specifications) will be incorporated into the contract documents for final review and approval by the County Attorney's Office. Two attachments are provided in support of stafF's recommendations: ·Attachment "A" letter by the Design Professional summarizes a qualifications review of the contractor's performance on several projects; and · Attachment "B" letter by Central Florida Landscaping, Inc. serves as the contractor's formal change proposal in the amount of $526,057.74. FISCAL IMPACT: Funds necessary to implement the Davis Boulevard Phase II "" C~5'~ landscape project are as follows: a. Maximum amount of bid award: $578,663.51 b. Ten percent contingency for construction change orders, water meter impact fees, electrical connection charges, water service payments during construction, etc.: $57,866.35 c. Project Management Costs: $25,000.00 Total = $661,529.86 Funds in the amount of $605,000 are currently available in: Fund: 3 13 - Road Construction Gas Tax Cost Center: 163673 - Surplus Gas Tax - Road Construction Project No.: 60013 (Collier Naplescape Roadway Median Landscaping) It is noted that a portion of the available $605,000 includes an amount of $46,358.50 which was derived from the Davis Boulevard phase I project being completed $46,358.50 below the original $333,500.00 contract amount. Additionally, FDOT shall reimburse Collier County $150,000 upon project completion. FEB 2 3 1999 PGo t'F Executive Summary February 9, 1999 Page 5 A Budget Amendment is needed to transfer $56,529.86 from Fund 313 reserves to: Fund: 313 - Road Construction Gas Tax Cost Center: 163673 - Surplus Gas Tax - Road Construction Project No: 60013 (Collier Naplescape Roadway Median Landscaping) GROWTH MANAGEMENT IMPACT: The Davis Boulevard Phase II median landscaping project is not directly related to growth management issues and plans, but rather is pan of the Collier County Streetscape Master Plan. RECOMMENDATIONS: That the Board of County Commissioners approve award of Bid No. 98-2885 to Central Florida Landscaping, Inc. with the following conditions; 1. Contract amount not to exceed $578,663.51; 2. Obtaining FDOT final approval of design revisions, etc.; 3. Satisfactory conclusion of negotiations with the contractor relating to cost, technical matters, and construction management approaches and resources; 4. Cost and technical content of final negotiations to be inserted into the contract documents as an addendure to the bidding documents; and 5. Legal sufficiency review and approval of the contract documents prior to presentation to the Board Chairman for execution. It. is also recommend. ed that the fd approve t.he necessary Budget Amen. dment, and Public Works Eng~ng Department ~rector, Public Works Engineering Dep~ment ' · f ' 340- ? epanment ~ard J.~ , ., Director T ~~nment ~PROED B . DATE: ~ -/o '~ ~ Ed Ilschner, Public~rks Ad~istrator FEB 2 3 1999 PG. ~' Attachment A Februa~, 9, 1999 ~ ,,add Ryziw, PE, PMP Project Manager, Collier County 3301 Tamiami Trail E - PWED Bldg BOTNER Naples, FL 34112 LAND DESIGN Re: Davis Boulevard Phase II Landscape Incorporated Collier County Project No. 60013 CONTRACTOR AWARD RECOMMENDATION Dear Mr. Ryziw: At your request, and in accordance v,~th o0r work authorization for construction phase services of Phase II of Davis Boulevard (SR 84). Botner Land Design, Inc. (BLD) has concluded a review of the qualifications of Central Florida Landscape Contractors of Tampa. Credentials review follows FDOT format contained within CONTRACTOR FIELD PERFORMANCE REPORT as regards to response to 10 criteria as folloxvs: CRITERION GRADES RECEIVED BY CONTACTOR* A B C D 1. Prosecution control and timely completion of work. 8 9 8 5 2. Overall qualit>,, control and compliance with contract. 9 10 8 8 3. On-site supervision and staffing. 10 8 8 7 4. Quantity, suitability and effectiveness of equipment. 9 9 8 9 5. Maintenance of traffic operation. NA NA NA NA 6. Interface with traveling public and adjacent propert3, NA NA NA NA owners. 7. Effectiveness of general management. 9 8 9 7 8. Furnishing of required documents and reports. 9 8 6 8 9. Cooperation with Department Personnel. 10 9 9 8 I0. Final clean-up of work site 9 9 8 8 AVERAGE GRADE BY CONTRACT 80 87.5 80 75 AVERAGE GRADE OVERALL 80.6 * Projects, clients, original contracts, amounts and date for the above were: A -Northern Improvement Mitigation, FDOT, $25,000, 12/30/98 B - Numerous Projects, H.C. Beck Co., $652,000, 11/30/98 - ongoing C -Western Reserve Life, Rindernecht, Inc., $255,000, 12/30/98 D - Punta Gorda Country Club, P.G.C.C., $243,000, 12/30/98 ' AGENDA "ITEM "' I T E CNor U R F, PLANNING & LANDSCAPE ARCH tT~~'/_t, 9 SUITE 172 COLLIER BUSINESS PLAZA 3050 N. HORSESHOE DRIVE NAPLES FLORIDA B4104 941.649.4476 FAX 941.649.762 E Attachment A DISCUSSION In addition to the above references, we discussed this contractor's prior performance on FDOT-District One Projects with James Chanatry, the District Landscape Manager. Mr. Chanatry does not highly recommend them in reference to several small projects. It will be important to secure this contractor's best senior project management to achieve the high reports referenced in our other various contacts. Thus far in contract negotiations, we have had a very successful relationship. The contractor is clearly motivated to do a good job for us. In personal conversations with references, xve heard very laudatory recommendations like "They were the best part of our overall contract", "We always try to get them", "Above average and very professional" and the like. One area for which we do not have data is public fight of way traffic and public maintenance. Our contract will need to stipulate FDOT certification in this regard. RECOMMENDATION On the basis of the above reviexv of references the contract for construction shall stipulate: 1 .) Contractor shall provide on-site supervision by FDOT Traffic Management certified personnel, and 2.) Contractor shall assign his most skilled senior supervisor for project construction management. With these stipulations and a negotiated original contract price acceptable to Collier Count,.', we recommend the award of Phase II Davis Boulevard Landscape to Central Florida Landscape Construction of Tampa, Inc. Respectfull3' submitted, BOTNER LAND DESIGN, INC. Geo ge Bother ASLA r President, L.A. # 422 FEB 2 3 1999 Attachment B LANDSCAPING,~ OF T~MPA Botner Land Design 3050 N Horseshoe Drive c:.,.:.e , -,o, Naples. Florida 34104 ATTN: George Botner RE: Davis Blvd. Ph. ll V.E. VIA FACSIMILE: 941-649-7627 Item # 1.0 Nlobilization change to $12,819.00 Item # 2.0 Delete item # 3.0 Delete Item # 4.0 MOT $6,000.00 Item # 5.0 90 Day Maint $8,100.00 Item # 6.0 Delete (See Note #1) Item # 7.0 Fill material ( See Note ~2) $68,334.00 Item ~8.0 · Pine Straw Mulch 194.400 SF (g $0.17 $33,048.00 Item ~9.0 Amended fopsoil (See Note ~1) $25,103.00 TOTAL $! 53,404.00 B. Items ~11-16 Remain the same TOTAL $207d 19.54 C. Item ~12.2 8" Dircctional Bore Change to $59.00 LF $4,720.00 All other items 12.0 through 12.23 remain the same TOTAL $143,839.20 D. Item ~ 13.0 Directional Bore change to $45.00 LF $21,195.00 6,09 "' ";' Tampa, Florida 33610 (813) 623-1771 FEB 2 3 1999 Attachment B Item # 14.0 No change $500.00 TOTAL $21,695.00 RECAP: Tt~,.-~,-~l t~ 1ELF, ; ~".r'~ ,r,, r,,', .... ..., ~ . . .,' . ,d. v d..' I J'J~I'U*t.UU Items #11.0-11.16 ! $207,119.54 Items ~12.0-12.23 $143,839.20 Items # 13.0-14.0 $21,695.00 REVISED TOTAL BID $526,057.74 NOTES: 1. Items 6.0 and 9.0 to be deleted and revised as ibllows: Entire site to be chemically killed then scalped. soil tests taken to determine additives to bring PH Between 5.0- 7.0. Additives are to rotorated 8-I 2" depth (.including pre-emergent) then fine grade. Hillary peat tqorida ].andscape mix and Agrifbrm tablets are to bc added to individual plants and trees. then mulcl'~ed with pine straw. 2. Fill material tbr berms to be soil indiginous to area. Hillary Peat Florida landscape mix and Agritbrm tablets are to be added to individual plants and trees and mulched with pine stra~v. If fill material not sandy enough for palms, sand will be used in lieu of above planting mix. 3. The following items are V.E. Items involving site reduction: Reduce Thryallis fi'om I gal to 4" pot deduct. $3,589.29 Reduce Liriope fron~ 1 gal to 4" pot deduct ! $9,579.24 George: We were unable to provide any reduction in the irrigation price. When we talk next, I will provide .you ~,~ ith the details. Sincerely, Robert J. Brook.,, Chief Estimator FEB 2 3 15i99 EXECUTIVE SUMMARY LELY AREA STORMWATER IMPROVEMENT PROJECT - PHASE 1 DESIGN PROFESSIONAL SERVICES AGREEMENT WITH AGNOLI, BARBER AND BRUNDAGE, INC. (Project No. 31101) OBJECTIVE: Obtain Board approval of the Lely Area Stormwater Improvement Project - Phase 1 Professional Services Agreement with the consultant firm of Agnoli, Barber and Brundage, Inc. CONSIDERATIONS: On July 31, 1997 the County requested proposals (RFP 97-2715) from interested engineering firms for the design of stormwater facilities in the Lely area. The team of Agnoli, Barber and Brundage, Inc., Johnson Engineering, Inc., and Camp Dresser and McKee, Inc. was selected as the top ranked proposer. The RFP clearly identified that the project design effort would be on hold for some time while ongoing permitting efforts were being conducted. While the ongoing permitting effort is still not complete, the County is now ready to begin work on the Basin/Funding District Boundary Determination (Task 1 ) and the Phasing and Cost Estimate Preparation (Task 5) within the Phase 1 design project. As indicated in the Agreement document, there are other facility design tasks that will be implemented at the appropriate time. The Office of the County Attorney has reviewed this document for legal sufficiency. A copy of the Professional Services Agreement and consultant ranking information is located in the Board of County Commissioners office, County Administrator's office, and the Minutes and Records office. FISCAL IMPACT: Ad valorem funding in the amount of $79,926.00 for the Phase 1 (Tasks 1 and 5) is available in the 1981 Water Management CIP fund budget for this fiscal year. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: Approve the Lely Area Stormwater Improvement Project - Phase 1 Professional Services Agreement with Agnoli, Barber and Brundage, Inc. in the amount of $79,926.00 and authorize the Chairwoman to sign for the Board. I~SUBMITTED BY: Robert C.'~~il'~. Date: P.W.E.D. Project Manager III B 3 1999 Executive Summary PSA with ABB for Lely Area Stormwater Improvement Project - Phase 1 Page 2 REVIEWED BY: .~Bold ~"~~ Date: 7_.. Jo t, P.E., P.S.M. Stormwater Management Department Director REVIEWED BY: ~,Lt,~A.~,/'-Zt.A 4-.6/~ J'/Cf6- Date: O-[O- Stiphen Y. Ci='en ' t/ Purchasing Department Director ibby, P.E. P.W.E.D. Director APPROVED BY:~ Date: Ed Ilschner ~ Public Works Administrator FEB 2 3 1999 Professional Services Agreement and Consultant Ranking Information for Lely Area Stormwater Improvement Project- Phase 1 BCC Agenda Item 16(B)(5) February 23, 1999 LELY AREA STORMWATER IMPROVEMENT PROJECT - PHASE I PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this __ day of 19 , by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida and [ex-officio the governing board of the Collier County Water-Sewer District] (hereina~er referred to as the "OWNER") and Agnoli, Barber and Brundage, Inc. a Flodda corporation, authorized to do business in the State of Florida, whose business address is Agnoli, Barber and Brundage, Inc., 7400 Tam,am, Trail N., Suite 200, Naples, FL 34108 (hereinafter referred to as the "CONSULTANT"). WITNESSETH: WHEREAS, the OWNER desires to obtain the professional engineering and design services of the CONSULTANT concerning certain design services for the Lely Area Stormwater Improvement Project (hereinafter referred to as the "Project"), said services being more fully described .in Schedule A, "Scope of Services", which is attached hereto and incorporated here,n; and WHEREAS, the CONSULTANT has submitted a propo.sal for provision of those services; and WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required for the Project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained here,n, the parties hereto agree as follows: ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1.1. CONSULTANT shall provide to OWNER professional engineering and design services in all phases of the Project to which this Agreement applies. 1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the Scope of Services described in detail in Schedule A. The total compensation to be paid CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule B, "Basis of Compensation", which is attached hereto and incorporated herein. 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4. The CONSULTANT agrees that. when the services to be provided hereunder relate to a professional service which, under Florida Statutes. requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and/or retain only qualified personnel to provide such services. 1.5. CONSULTANT agrees to .employ and designate, in writling, within five (5) calendar days after receiving its Notice to Proceed. a qualified licensed professional to serve as the CONSULTANT's project manager (hereinafter referred to as the "Project Manager"). The Project Manager shall be authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement. Within five (5) calendar days from the Notice to Proceed issued by the OWNER to the CONSULTANT, the CONSULTANT shall deliver to the OWNER a written statement, executed by the proper officers of the CONSULTANT, 2 acknowledging that the Project Manager shall have full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to this Agreement. The CONSULTANT agrees that the Project Manager shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The person selected by the CONSULTANT to serve as the Project Manager shall be subject to the prior approval and acceptance of the OWNER. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from the OWNER, to promptly remove and replace the Project Manager, or any other personnel employed or retained by the CONSULTANT,' or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, whom the OWNER shall request in wdting to be removed, which request may be made by the OWNER with or without cause. 1.7. The CONSULTANT has represented to the OWNER that it has expertise in the type of professional services that will be required for the Project. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the OWNER's review and approval and shall be in accordance with the generally accepted standards.of professional practice in the State of Florida, as well as in accordance with all published laws. statutes. ordinances, codes, rules, regulations and requirements of any governmental agencies which regulate or have jurisdiction over the Project or the services to be provided and performed by CONSULTANT hereunder. In the event of any conflicts in these requirements, the CONSULTANT shall notify the OWNER of such conflict and utilize its best professional judgment to advise OWNER regarding resolution of the conflict. 1.8. CONSULTANT agrees not to divulge. furnish or make available to any third person, firm or organization, without OWNER's prior written consent, or unless incident to the proper performance of the CONSULTANT's obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public information concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. 1.9. CONSULTANT agrees to certify all estimates of construction costs and Project completion dates prepared by the CONSULTANT. Said certifications shall be in a form approved by the OWNER. 1.10. Evaluations of the OWNER'S Project budget, preliminary estimates of construction cost and detailed estimates of construction cost prepared by the CONSULTANT represent the CONSULTANT'S best judgment as a design professional familiar with the construction industry. The CONSULTANT cannot and does not guarantee that bids or negotiated prices will not vary from any estimate of construction cost or evaluation prepared or agreed to by the CONSULTANT. Notwithstanding anything above to the contrary, CONSULTANT shall revise and modify Construction Documents and assist in the rebidding of the Work at no additional cost to OWNER, if all responsive and responsible bids exceed the estimates of construction costs prepared by CONSULTANT. 1.11. CONSULTANT shall not be responsible for means, methods, techniques, sequences or procedures of construction selected by contractors or the safety precautions and programs incident to the work of contractors. ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by OWNER, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. These services will be paid for by OWNER as indicated in Article Five and Schedule B. The following services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional Services: 4 2.1. Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances in connection with the Project. 2.2. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, OWNER's schedule or character of construction; and revising previously accepted studies, reports, design documents or Contract Documents when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT's control. 2.3 Preparation and submission of information to and necessary consultations with the Collier County Transportation Department, Florida Department of Environmental Protection, Florida Department of Transportation, South Flodda Water Management District, U.S. Army Corps of Engineers or other appropriate regulatory agencies, in order to obtain necessary permits or approvals for construction of the Project, unless such permits are expressly included in Basic Services to be performed by CONSULTANT hereunder as set forth in the Schedule A-Scope of Services.., 2.4 Providing renderings or models for OWNER's use. :, 2.5. Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting OWNER in obtaining process licensing. 2.6. Furnishing services of independent professional associates and consultants for other than the contract services to be provided by CONSULTANT hereunder. 2.7. Services during out-of-town travel required of CONSULTANT and directed by OWNER, other than visits to the Project site or OWNER's office. 2.8. Assistance in connection with bid protests, rebidding or renegotiating contracts for construction, materials, equipment or services, except as otherwise provided for herein. 2.9. Providing any type of property surveys, aerial photography or related engineering services needed for the transfer of interests in real property and field surveys for design purposes and engineering surveys and staking to enable contractors to proceed with their work and providing other special field surveys. 2.10. Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 2.11. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation, or other legal or administrative proceeding, involving the Project (except for assistance in consultatio. ns which are included as part of the Basic Services to be provided herein). 2.12. Additional services rendered by CONSULTANTS in connection with the Project, not otherwise provided for in this Agreement or not customarily furnished in accordance with generally accepted engineering and design practice. ARTICLE THREE OWNER'S RESPONSIBILITIES 3.1. The Owner shall designate in writing a project coordinator to act as OWNER's representative with respect to the services to be rendered under this Agreement (hereina~er referred to as the "Project Coordinator"). The Project Coordinator shall have authority to 6 transmit instructions, receive information, interpret and define OWNER's policies and decisions with respect to CONSULTANT's services for the Project. However, the Project Coordinator is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever unless approved, in advance, by the County Administrator or his designee: (a) The time the CONSULTANT is obligated to commence and complete all such services; or (b) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT, provided that the change (or the sum of the changes) amounts to 10 percent or less of the current Board approved amount and does not exceed $50,000. 3.2. The Project Coordinator shall: (a} Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; (b) Provide all cdteda and information requested by CONSULTANT as to OWNER"s requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; (c)Upon request from CONSULTANT, assist CONSULTANT by placing at :. CONSULTANT's disposal all available information in the OWNER'S possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous repods and any other data relative to design or construction of the Project (d) Arrange for access to and make all provisions for CONSULTANT to enter the Project site to perform the services to be provided by CONSULTANT under this Agreement; and (e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the OWNER with respect to the services to be rendered by CONSULTANT hereunder. ? 3.3. CONSULTANT acknowledges that access to the Project Site, to be arranged by OWNER for CONSULTANT, may be provided during times that are not the normal business hours of the CONSULTANT. 3.4. OWNER shall be responsible for the acquisition of all easements, property sites, rights-of-way, or other property rights required for the Project and for the costs thereof, including the costs of any required land surveys in connection with such acquisition. ARTICLE FOUR TIME 4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from OWNER for all or any designated portion of the' Project and shall be performed and completed in accordance with the Project Schedule attached hereto and made a part hereof as Schedule C. Time is of the essence with respect to the performance of this Agreement. 4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of God or of public enemy, acts of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or lock-outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after commencement of such delay, stating the cause or causes. thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extension. 4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT's services from any cause whatsoever, including those for which OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give dse to any right to damages or additional compensation from OWNER. CONSULTANT's sole remedy against OWNER will be the right to seek an extension of time to 8 its schedule. This paragraph shall expressly apply to claims for early completion, as well as claims based on !ate completion. Provided, however, if through no fault or neglect of the CONSULTANT, the services to be provided hereunder have not been completed within one hundred fifty (150) days of the date hereof, the CONSULTANT's compensation shall be equitably adjusted, with respect to those services that have not yet been performed, to reflect the incremental increase in costs experienced by CONSULTANT after expiration of said' twenty-four (24) month period. 4.4 Should the CONSULTANT fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely and reasonable manner, in addition to any other rights or remedies available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the OWNER's satisfaction that the CONSULTANT's performance is or will shortly be back on schedule. ARTICLE FIVE COMPENSATION 5.1. Compensation and the manner of payment of such compensation by the OWNER for services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled "Basis of COmpensation", which is attached hereto and made a part hereof. ARTICLE SIX ~; OWNERSHIP OF DOCUMENTS 6.1. Upon completion or termination of this Agreement, all records, documents, tracings, plans, specifications, maps, evaluations, reports, computer assisted design or drafting disks and other technical data, other than working papers, prepared or developed by CONSULTANT under this Agreement shall be delivered to and become the property of OWNER. CONSULTANT, at its own expense, may retain copies for its files and internal use. OWNER agrees to indemnify and hold harmless CONSULTANT with respect to any claim, loss or damage, including attorneys fees incurred by CONSULTANT due to the OWNER's use of said records, documents, tracings, plans, specifications, maps, evaluations, reports, computer disks and other technical data on some other project unless such use is authorized by CONSULTANT. 6.2. With respect to and in consideration for the indemnification provided by OWNER in paragraphs 6.1. above, CONSULTANT agrees to pay to OWNER $10.00, the sufficiency and receipt of which is acknowledged through the signing of this Agreement. ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1. CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed, whichever is later. OWNER, or any duly authorized agents or representatives of OWNER, shall have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above; provided, however, such activity shall be conducted only during normal business hours. ARTICLE EIGHT INDEMNIFICATION :- 8.1. The CONSULTANT in consideration of $10.00, the sufficiency and receipt of which is acknowledged through the signing of this Agreement shall pro, t. ect, defend, indemnify and hold OWNER and its officers, emplo~/ees and agents harmless from and against any and all losses, penalties, damages, professional fees, including attorney fees and all costs of litigation and judgments arising out of any willful misconduct or negligent act, error or omission of the CONSULTANT, its Subconsultants, Subcontractors, agents or employees, arising out of or incidental to the performance of this Agreement or work performed thereunder. The consideration exchanged and the provisions of this paragraph shall also pertain to any claims brought against the OWNER its officers, employees or agents by any employee of the named 10 CONSULTANT, or any Subconsultant or Subcontractor, or anyone directly or indirectly employed by any of them. The CONSULTANT'S obligation under this paragraph shall not be limited in any way by the agreed upon contract price as shown in this Agreement or the CONSULTANT'S limit of, or lack of, sufficient insurance protection. 8.2. CONSULTANT acknowledges that the general conditions of any construction contract shall include language, satisfactory to the OWNER's attorney, in which the contractor agrees to hold harmless and to defend OWNER, 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 the construction contract or work performed thereunder. ARTICLE NINE INSURANCE 9.1. CONSULTANT shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to this Agreement. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CONSULTANT's own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this Agreement shall, however, be construed as constituting an agreement between the OWNER and any such other person or firm. Nor shall anything contained herein be deemed to give any such party or any third party any claim or right of action against the OWNER beyond such as may otherwise exist without regard to this Agreement. 1! ARTICLE ELEVEN WAIVER OF CLAIMS 11.1. CONSULTANTs acceptance of final payment shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of this Agreement or otherwise related to the Project, except those previously made in writing and identified by CONSULTANT as unsettled at the time of the final payment. Neither the acceptance of CONSULTANTs services nor payment by OWNER shall be deemed to be a waiver of any of OWNER's rights against CONSULTANT. ARTICLE TWELVE TERMINATION OR SUSPENSION 12.1. CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) failure to begin work under the Agreement within the times specified under the Notice(s) to Proceed, or (b) failure to properly and timely perform the services to be provided hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANTs principals, officers or directors, or (d) failure to obey laws, ordinances, regulations or other codes of conduct, or (e) failure to perform or abide by the terms or spirit of this Agreement, or (f) for any other just cause. The OWNER may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice. 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3 below and CONSULTANT's remedies against OWNER shall be the same as and limited to those afforded CONSULTANT under paragraph 12.3 below. 12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT's recovery against OWNER shall be limited to that portion of the fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against OWNER, including, but not limited to, anticipated fees or profits on work not required to be performed. 12.4. Upon termination, the CONSULTANT shall deliver to the OWNER all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement. 12.5. The OWNER shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of such suspension. If all or any portion of the services to be rendered hereunder are so su. Spended, the CONSULTANT's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein. ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth-In-Negotiation Certificate, attached hereto and incorporated herein as Schedule E, stating that wage rates and other factual unit costs supporting the compensation are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the Agreement price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. ARTICLE FIFTEEN · '- MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon the parties ,,I~ ~ unless in writing and executed b~, the party or parties intended to be bound by it. ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the OWNER shall be in writing and shall be delivered by hand or by United States Postal Service Department, first class mail service, postage prepaid, return receipt requested, addressed to the following OWNER's address of record: 14 Board of County Commissioners, Collier County Florida c/o Office of Capital Projects Management 3301 Tamiami Trail East Naples, FI. 33962 Attention: Robert C. Wiley, P.E. 16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to the CONSULTANT shall be made in writing and shall be delivered by hand or by the United States Postal Service Department, first class mail service, postage prepaid, return receipt requested, addressed to the following CONSULTANT's address of record: Agnoli, Barber and Brundage, Inc. 7400 Tamiami Trail N., Suite 200 Naples, FL 34108 Attention: Mr. Dan Brundage, P.E. 16.3. Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. ARTICLE SEVENTEEN MISCELLANEOUS 17.1. CONSULTANT, in representing OWNER, shall promote the best interest of OWNER and assume towards OWNER a duty of the highest trust, confidence, and fair dealing. 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or riabilities of either party. 17.3. This Agreement is not assignable, in whole or in part, by CONSULTANT without the prior written consent of OWNER. 17.4. Waiver by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 17.6. This Agreement, initially consisting of forty-four (44) continuously numbered pages including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, wdtten or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. ARTICLE EIGHTEEN APPLICABLE LAW 18.1. Unless otherwise specified, this Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by the laws, rules and regulations of the United States when providing services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate Florida state court in Collier County, Florida. IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL Dwight E. Brock, Clerk SUBDIVISION OF THE STATE OF FLORIDA [AND AS EX-OFFICIO THE GOVERNING By:. BOARD OF THE COLLIER COUNTY WATER- SEWER DISTRICT] Date: By: Pamela S. Mac'Kie, Chairwoman Approved as to form and legal sufficiency: · ~,.~/,,t ~ '~' Ass, start C~unty Attorney AGNOLI ~Ab~i_AiD BRUNDAGE INC. amel W Brund , , s~dent Witness Witness 7 (CORI RATE SEAL) 17 SCHEDULE A SCOPE OF SERVICES Schedule A consists of the following component Parts: A.1. DESCRIPTION OF PROJECT A.2. TASK 1 - BASIN/FUNDING DISTRICT BOUNDARY DETERMINATION A.3. TASK - 2 FIELD SURVEYING AND DOCUMENTATION FOR EASEMENT ACQUISITION (Not implemented at this time) A.4. TASK 3 - CONSTRUCTION PLANS PREPARATION(Not implemented at this time) A.5. TASK 4 - CONSTRUCTION BID PACKAGE PREPARATION (Not implemented at this time) A.6. TASK 5 - PHASING AND COST ESTIMATE PREPARATION A.7. CONSTRUCTION CONTRACT ADMINISTRATION. (Optional when A.5 above is implemented) A.8. DETAILED OBSERVATION OF CONSTRUCTION. (Optional when A.5 above is implemented) 18 A. 1. DESCRIPTION OF PROJECT. A.1.1. Since 1990, the County has been working on the design and environmental permitting for the Lely Area Stormwater Improvement Project (LASIP). LASIP is a large regional stormwater management improvement project in East Naples covering an area from Radio Road to south of US-41 and CR-951 to near the intersection of US-41 and Rattlesnake-Hammock Road. As the conceptual design and permitting are completed, there is a need to follow up with five specific task areas as follows: Task 1. Locate the total basin boundary for the project and provide a written legal description suitable for use in establishment of a taxing, assessment, or any other type of funding district; Task 2. Locate property lines, perform topographical surveys, obtain all other surveying information necessary to prepare detailed construction drawings, and prepare sketches and legal descriiptions necessary to complete the drainage easement acquisitions for the Phase I construction activities; Task 3. Design and prepare the detailed construction plans that will be used in the Phase 1 construction effort; Task 4. Develop the detailed construction bid documents (e.g. construction specifications, bid sheets, and any other information needed by a contractor to prepare a valid and cleady understood bid) suitable for the County to release for advertised bids; and Task 5. Develop a detailed construction cost estimate suitable for the County to use for Phase 1 and in planning for the future construction of the entire LASIP. The initial work for the Phase 1 engineering design will consist of Tasks 1 and 5. Upon approval of the conceptual permits by the appropriate state and federal agencies, a detailed Scope of Services and Fee Proposal will be developed as an Addendum to this Agreement. A.2. TASK 1 - BASIN/FUNDING DISTRICT BOUNDARY DETERMINATION. A.2.1. Drainaqe Basin Limits Research: Collier County will provide the team with both a print copy and electronic media copy of the preliminary drainage boundaries (AutoCAD format, Version 14) developed by Law Engineering and Environmental Services, Inc. (LAW). The team will also gather available water management information within the approximate basin boundary. This information will include, (but will not be limited to) review of South Florida Water Management District permits, U.S. Army Corps of Engineers dredge and fill permits, Collier County land development permit applications, County and State road drainage maps, Collier County drainage atlas maps, aerial and topographic surveys, U.S.G.S. quad maps, soils maps, County tax maps, and available drainage basins studies. The team will collect and review this information with regards to its current accuracy and to locate any contradictions in this raw data. A.2.2. Preliminary MaDDinc~: The team will utilize the collected data to refine the preliminary basin map outlining the three major sub-basins (Lely Main, Lely Branch, and Lely Manor) and any isolated areas within the basin boundary. This preliminary map will be refined to verify sub-basins and locate areas' f, hat require additional information. This mapping task will be developed in AutoCAD 14 format so that the map may be utilized in future functions for drainage permitting, design and funding tasks. The team will provide this prelimin~i'y map to Collier County staff in paper prints and on electronic media for review and comment. A.2.3. Supplemental Investiqation: The team will review the preliminary mapping and make recommendations with regards to development of the supplemental information to address contradictions or gaps in the data. These supplemental steps may include the following: Field Survey Topographic Survey Field Investigations During Rainfall Events Interviews with Property Owners This information will be utilized to supplement the basin map. The internal segments will confirm sub-basins and preliminary flow quantities and directions. A.2.4. Basin Boundary: Utilizing the preliminary and supplemented basin map, the team will prepare and submit a legal description of the basin boundary adequate for development of notification and assessment estimates for the project. This will include a sketch and description with acreage and configuration for use in public notices and legal documents. A.2.5. Drainaae Network: Utilizing the design work prepared by LAW for the environmental permitting along with the basin boundary and sub-basin information collected in the tasks noted above, the team will evaluate and confirm the drainage basin network model. This evaluation will be utilized to locate substandard segments, determine the contribution of each area to the overall existing and proposed basin flow quantities, and estimate their impacts on the overall system in an incremental basis. The network analysis will review the existing channel facilities and proposed channel and structure improvements including, but not limited to vegetation removal, sediment removal, weir construction, pipe replac.ement, channel widening, channel deepening, erosion control,' easement acquisition and maintenance. The network analysis is proposed in order to address individual sub-basin needs along existing channels and/or flow ways. Once this network is evaluated, improvements can be designed, starting at the downstream end and the effect of each of the upstream reaches can be determined so that construction improvements and costs can be optimized, 21 A.3. TASK 2 - FIELD SURVEYING AND DOCUMENTATION FOR EASEMENT ACQUISITION (Not implemented at this time) A.4. TASK 3 - CONSTRUCTION PLANS PREPARATION (Not implemented at this time) A.4.1. Provide OWNER with proposed final construction drawings and detailed opinions of probable total Project construction costs in writing for OWNER's review, prior to completion of the final Contract Documents, so that any changes that may be necessary in accordance with Project's budgetary schedule can be made prior to bid. A.4.2. Upon OWNER's approval of detailed opinions of probable total Project and construction costs, provide to OWNER, for its review and approval, five (5) copies of final Contract Documents. A.5. TASK 4 - CONSTRUCTION BID PACKAGE PREPARATION (Not implemented at this time). A.5.1. CONSULTANT shall assist in securing bids and: (a) provide interpretation and clarification of Contract Documents during bidding; .-(b)coordinate bid process with Collier County Purchasing Department and P.W.E.D., including advertisements, publications, Contract Document sales and receipt of bids; ~, (c) attend and participate in pre-bid meeting with prospective bidders; (d) as requested, assist OWNER in evaluating bids or proposals and in assembling and awarding contracts for construction, materials, equipment and services; (e) assist OWNER in evaluating bidder's previous experience, if necessary; (f) prepare and issue addenda as appropriate to interpret or clarify Contract Documents; (g) provide OWNER with a recommendation as to the acceptability of subcontractors, suppliers and other persons and organizations proposed by the bidders for those portions of the work as to which such acceptability is required by the Contract Documents; (h) provide OWNER with recommendation concerning the acceptability of substitute materials and equipment proposed by bidder(s) when substitution prior to the award of contracts is allowed by the Contract Documents; and, (i) make a recommendation of contract award. A.6. TASK 5 - PHASING AND COST ESTIMATE PREPARATION A.6.1. Main Channel and Secondary System Seqmentation Analysis: The network analysis performed in A.2.5 above will be used to delineate clear segmentation of improvements. These incremental improvements will generally start at the project outfall and move upstream and will be broken into logical construction sections to develop regional improvements. A.6.2. Cost Estimating: A preliminary order of magnitude construction cost estimate will be developed for each of the incremental channel and basin improvements. These incremental improvements cost estimates will include mobilization, design and permitting costs. It is understood that some ~ . of these costs can be redu~;ed if several increments are ~,dnstructed simultaneously. This estimating will be done utilizing the latest available costing information from FDOT handbooks, Collier County bid results and other information available to the consultant team. Alternate materials and procedures will also be investigated in the cost estimating to see if this may help reduce construction and/or maintenance costs. A.6.3. Cost/Phasing: 23 The improvements will be phased to fit a funding schedule based on the analysis performed above. The cost, funding and benefits will start with the main outfall channel and move upstream. It is believed that by doing this, the majority of the basin will receive some initial benefits. Future developments and improvements will benefit remaining properties located upstream of the initial improvements. The team will evaluate phasing with respect to pay- as-you-go versus financing alternatives with the emphasis on tax millage impacts. This costing and phasing analysis will be projected to take the project from the initial design and permitting phase through the final construction and maintenance phase of the project. A.7. CONSTRUCTION CONTRACT ADMINISTRATION. (Optional when A.5 above is implemented) A.7.1. Consult with the OWNER and contractors as reasonably required and necessary with regard to construction of the Project, including but not limited to pre-construction conference and monthly coordination meeting with OWNER and contractor. A.7.2. Review materials and workmanship of the Project and report to OWNER any deviations from the Contract Documents which may come to the CONSULTANTs attention; determine the acceptability of work and materials and make recommendation to OWNER to reject items not meeting the requirements of the Contract Documents. A.7.3. Recommend to the OWNER in writing that the work~ or designated portions thereof, be stopped if, in CONSULTANTs judgment, such action is necessary to allow proper inspection, avoid irreparable damage to the work, or avoid subsequent rejection of work which could not be readily replaced or restored to an acceptable condition. Such stoppage to be only for a period reasonably necessary for the determination of whether or not the work will in fact comply with the requirements of the Contract Documents. 24 A.7.4. Require that any work which is covered up without being properly observed be uncovered for examination and restored at contractor's expense if deemed appropriate by the CONSULTANT. A.7.5. Issue interpretations and clarifications of Contract Documents during construction, and evaluate requests for substitutions or deviations therefrom. Notify OWNER of any such requested deviations or substitutions and when reasonably necessary provide OWNER with a recommendation concerning same. Prepare work change orders as directed by OWNER. A.7.6. Submit to OWNER, in a format acceptable to OWNER, monthly progress and status reports, including but not limited to manpower, amount of work performed and by whom, equipment, problems encountered, method to correct problems, errors, omissions, deviations from Contract Documents, and weather conditions. A.7.7. Review shop drawings, diagrams, iljustrations, catalog data, schedules and samples, the results of laboratory tests and inspections, and other data which contractors are required to submit for conformance with the design concept of the Project and compliance with the provisions of the Contract Documents. A.7.8.. Monitor all required Project records, including but not limited to delivery schedules, inventories and construction reports. Based upon the Project records, as well as CONSULTANT's observations at the site and evalua. t;ions of the data reflected in contractors application for payment, CONSULTANT shall render a recommendation to OWNER concerning the amount owed to the contractor(s) and shall forward the contractor's application for such amount to OWNER. Such approval of the application for payment shall constitute a representation by CONSULTANT to OWNER, based on observations and evaluations, that: (a) the work has progressed to the point indicated; (b) the work is in substantial accordance with the Contract Documents; and (c) the contractor(s) is (are) entitled to payment in the recommended amount. A.7.9. Receive and review all items to be delivered by the contractor(s) pursuant to the Contract Documents, including but not limited to all maintenance and operating instructions, schedules, guarantees, warranties, bonds and certificates of inspection, tests and approvals. CONSULTANT shall transmit all such deliverables to OWNER with CONSULTANT's written comments and recommendations concerning their completeness under the Contract Documents. A.7.10. Support the OWNER'S efforts to negotiate with the contractor(s), the scope and cost of any necessary contract change orders, using as a basis for such negotiations data or other information emanating from the Contract Documents, including but not limited to the bid sheet, technical specifications, plans, shop drawings, material specifications, and proposed material and labor costs. At OWNER'S request, prepare, recommend and submit for OWNER'S approval such chang~ orders under the owner's direction and guidance. Under no circumstances shall the CONSULTANT be authorized to make commitments on behalf of or legally bind the OWNER in any way to any terms or conditions pertaining to a prospective change order. A.7.11.. Upon receiving notice from the contractor advising CONSULTANT that the Project is substantially complete, CONSULTANT, shall schedule and, in conjunction with OWNER, conduct a comprehensive inspection of the Project, d. eyelop a list of items needing completion or correction, forward said list to the contractor and provide written recommendations to OWNER conceming the acceptability of work done and the use of the Project. For the purposes of this provision, substantial completion shall be deemed to be the stage in construction of the Project where the Project can be utilized for the purposes for which it was intended, and where minor items need not be fully completed, but all items that affect the operational integrity and function of the Project are capable of continuous use. A.7.12. Perform final inspection in conjunction with OWNER, and assist OWNER in closing out construction contract, including but not limited to, providing recommendations concerning acceptance of Project and preparing all necessary documents, including but not limited to, lien waivers, contractor's final affidavit, close-out change orders, and final payment application. A.7.13. Prepare and submit to OWNER upon completion of construction of the Project, five (5) sets of record drawings and one (1) set of reproducible record drawing mylars of the work constructed, including those changes made during the construction process, using information supplied by the contractors and other data which can reasonably be verified by CONSULTANT's personnel. A.7.14. Prepare and submit to OWNER upon completion of construction of Project a final report of variations from the construction Contract Documents, including reasons for the variations. A.8. DETAILED OBSERVATION OF CONSTRUCTION. (Optional when A.5 above is implemented) A.8.1.. Construction work shall be done under the full-time observation of at least one representative of CONSULTANT; or by such additional representatives of the CONSULTANT as may be necessary for observing the cqn. struction of the Project, as may be authorized and approved'by the OWNER. A.8.2. During detailed observation of construction CONSULTANT shall act to protect OWNER's interests in Project and: (a) take 3 x 5 color 35 mm photographs of important aspects of the Project, including by way of example and not limitation, all existing private facilities within the work zone, existing pre-construction surface conditions, important 27 phases of construction, construction observations that detect questionable practices or special interest areas, problems or accidents, surprises from unanticipated conditions and other items needing visible documentation for future reference, process and submit same together with corresponding negatives on a continuous basis to OWNER; such pictures to be properly categorized and identified as to date, time, location, direction and photographer, with subsequent notations on drawings; (b) maintain appropriate field notes from which record drawings can be generated; (c) maintain appropriate field records to document any and all disputes or claims, whether actual or potential with respect to construction of the Project; and (d) observe operation or performance testing and report findings to OWNER and contractor [e.g., including copies of bacteriological and pressure tests when potable water lines are involved upon completion of operable units]. END OF SCHEDULE A 28 SCHEDULE B BASIS OF COMPENSATION B.1. BASIC SERVICES B.1.1. As consideration for providing Basic Services as set forth herein in Parts A.2 and A.6 of Schedule A, OWNER agrees to pay, and CONSULTANT agrees to accept, the time and reimbursable fees as shown on Attachment A entitled "Schedule Fees for Basic Services" dated 15-Dec-98. B.1.2. Payment For Basic Services under Pads A.2 and A.6 of Schedule A shall be paid on a time and reimbursable basis upon receipt of an approvable invoice on no more than a monthly basis. B.2. ADDITIONAL SERVICES B.2.1. As consideration for providing propedy approved Additional Services set forth in Article Two of this Agreement, OWNER agrees to pay and CONSULTANT agrees to accept payment on a time and reimbursable cost basis. Payments for properly approved Additional Services shall be made monthly on a time and reimbursable cost basis computed in accordance with Atlachment B entitled "Consultant's Employee Hourly Rate Schedule" for employees working under this. Payment shall be made monthly on an as needed basis, not to exceed 40 hours per person per week. Payment for services performed by individuals beyond 40 hours per week or Saturdays, Sundays or h,.o. lidays, shall be increased by a factor of 1.5 applied to AttaChment B provided such overtime work is approved by OWNER in advance whenever possible and not due to CONSULTANT'S own fault or neglect. B.2.2. Reimbursable costs shall mean the actual expenditures made by the CONSULTANT while providing Additional Services, in the interest of the Project, listed in the following sub-paragraphs: (a) expenses for transportation and subsistence incidental to out-of-town travel required by CONSULTANT and directed by OWNER, other than visits to the Project Site or OWNER's office; (b) expenses for preparation, reproduction, photographic production techniques, postage and handling of drawings, specifications, bidding documents and similar Project-related items in addition to those otherwise required in Parts A.2 and A.6 of Basic Services; (c) when authorized in advance by OWNER, except as specifically otherwise provided herein, the expense of overtime work requiring higher than regular rates; and (d) expenses for renderings, models and mock-ups requested by OWNER. B.2.3. By way of example and not limitation, reimbursable costs shall specifically not include expenditures, except as otherwise described in paragraph B.2.2, such as: (a) expenses for transportation and subsistence; (b) overhead, including field office facilities; (c) overtime not authorized by OWNER; or (d) expenses for copies, reproductions, postage, handling, express delivery, and long distance communications. :, B.3. PAYMENT PROVISIONS B.3.1. In no case shall the time and reimbursable figures on Attachment A be exceeded without a change in the scope of the project being approved by the County Administrator or his designee. B.3.2. Payments will be made for services rendered, no more than on a monthly basis, within thirty (30) days of submittal of an approvable invoice. The project number and number of the purchase order by which authority the services have been made, shall 30 appear on all invoices. All invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by OWNER. B.3.4. CONSULTANT acknowledges that Attachment A - Schedule of Fees for Basic Services and Attachment B - Consultant's Employee Hourly Rate Schedule, each attached to this Schedule B are incorporated herein and, will be the basis for OWNER's budgeting, authorizing and monitoring of expenditures under this Agreement. B.3.5. As compensation for coordinating sub-consultant activities (other than Johnson Engineering, Inc. and Camp, Dresser and McKee, Inc. which submitted as sub-consultants as a part of the original proposal) for OWNER, CONSULTANT shall be allowed an administrative fee not to exceed ten percent (10%) of the actual cost of services rendered under Additional Services. For the purposes of this provision the actual cost of services rendered shall not include any mark-up between the vendor who actually performed the services and any sub-consultant. No administrative fee or mark-up shall be paid in conjunction with the provision of Basic Services as set forth in Parts A.2 and A.6 of Schedule A. END OF SCHEDULE B. Attachment A Schedule of fees for Basic Services ..... ATTACHMENT B AGNOLI, BARBER AND BRUN'DAGE, INC. CONSULTANTS EMPLOYEE HOURLY RATE SCHEDULE Registered Engineer/Principal $115.00 Hr. Sr. Registered Engineer $ 95.00 Hr. Registered Engineer $ 80.00 Hr. Sr. Design Engineer' $ 70.00 Hr. Design Engineer $ 60.00 Hr. Technician $ 38.00 Hr. Planning Director $100.00 Hr. Administrative Planner S 105.00 Hr. Certified Planner S 80.00 Hr. Project Planner;'Urban Desi_m'~er S 65.00 FIr. Project Manager S 75.00 Hr. Project Manager (P.L.S.) S 95.00 Hr. Project Manager (P.E.) S 95.00 I-Ix. Sr. Project Manager (P.E.) 5105.00 Hr. Sr. Registered Sup,'eyor S 80.00 Hr. Registered Sur~'eyor S 70.00 FIr, Technician I $ 42.00 Hr, Technician II S 50.00 Hr, Technician ILI S 58.00 Hr, Technician IV S 65.00 Hr, Two Man Survey Crew S 80.00 FIr, Three Man Survey Crew S 90.00 Hr, Four Man Survey Crew $100.00 Hr. Five Man Survey Crew S 110.00 Hr, Controller S 65.00 FIr, Design Draftsman S 45.00 Hr. Draftsman S 35.00 Hr. Courier $ 20.00 Hr, Clerical I $ 35.00 FIr. Clefica!'II $ 40.00 Hr, Blueprints 24 x 36 $ 1.50 Ea, Blueprints 36 x 48 $ 2.50 Ea, Mylar Sepia 24 x 36 ., $ 15.00 Ea. Mylar Sepia 36 x48 , $ 20.00 Ea, Copies 8-1/2 x 11 $ .05 Ea, Copies 8-1/2 x 14 $ .07 Ea, Copies 11 x 17 $ .10 Ea, Aerial Target 6' $ 7.00 Ea, Aerial Target 12' Ground $ 14.00 Ea, Aerial Target 12' Road $ 21.00 Ea. Mileage $ .31 Mi, 4-Wheel Mileage $ .50 Mi. Registered Engineer/Expert Wimess 5200.00 Hr. Certified Planner/Expert Wimess 5200.00 Hr. Registered Surveyor/Expert Witness 5200.00 Hr. Manager/Expert Wimess 5200.00 Hr. SCHEDULE D INSURANCE COVERAGE (1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverages shall be maintained without interruption from the date of commencement of the work until the date of completion and acceptance of the Project by the Owner or as specified in this Agreement, whichever is longer. (4) Certificates of insurance (3 copies) acceptable to the Owner shall be filed with the Owner within ten (10) calendar days after Notice of Award is received by Contractor/Consultant/ Professional. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least thirty (30) days prior written notice has been given to the Owner. (5) All insurance coverages of the Contractor/Consultant/Professional shall be primary to any insurance or self insurance program carried by the Owner applicable to this Project. (6) The acceptance by Owner of any Certificate of Insurance does not constitute approval or agreement by the Owner that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. (7) Contractor/Consultant/Professional shall require each of its subcontractors to procure and maintain, until the completion of the subcontractor's work, insurance of the types and to the limits specified in this Section unless such insurance requirements for the subcontractor are expressly waived in writing by the Owner. (8) Should at any time the Contractor/Consultant/Professional not maintain the insurance coverages required herein, the Owner may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the Contractor for such coverages purchased. The Owner shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the Owner to purchase such insurance coverages shall in no way be construed to be a waiver of any of its dghts under the Contract Documents. (9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the Work or termination of the Agreement, the Contractor / Consultant / Professional shall furnish to the County, in triplicate, renewal or replacement Certificate(s) of Insurance not later than thirty (30) calendar days prior to the date of their expiration. Failure of the Contractor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate the Agreement. WORKERS' COMPENSATION AND EMPLOYERS" LIABILITY Required by this Agreement? (check one) ~ Yes __ No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the Contractor/Consultant/Professional during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability (check one) $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee X $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee (2) The insurance company shall waive its Rights of Subrogation against the Owner and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworkers Act coverage shall be maintained where applicable to the completion of the work. (check one) Applicable X Not Applicable (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. (check one) · Applicable ~X Not Applicable COMMERCIAL GENERAL LIABILITY Required by this Agreement? (check one) X. Yes No (1) Commercial General Liability Insurance shall be maintained by the Contractor/Consultant/Professional. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent 37 Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance by the Owner of the work under this Agreement. Limits of Liability shall not be less than the following: (check one) General Aggregate $300,000 Products/Completed Operations Aggregate $300,000 Personal and Advertising Injury $300,000 Each Occurrence $300,000 Fire Damage $ 50,000 General Aggregate $500,000 Products/Completed Operations Aggregate $500,000 Personal and Advertising Injury $500,000 Each Occurrence $500,000 Fire Damage $ 50,000 X General Aggregate $1,000,000 Products/Completed Operations Aggregate $1,000,000 Personal and Advertising Injury $1,000,000 Each Occurrence $1,000,000 Fire Damage $ 50,000 (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. 'q'his endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." (3) If the General Liability insurance required herein is issued or renewed on a "claims made" basis, as opposed to the "occurrence" form, the retroactive date for coverage shall be no later than the commencement date of the Project and shall provide that in the event of cancellation or non-renewal the Extended Reporting Period (Discovery Period) for claims shall be no less than three (3) years. 38 (4) The Owner shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the Owner. (5) Coverage shall be included for explosion, collapse or underground property damage claims. (6) Watercraft Liability coverage shall be carried at the limits shown above if applicable to the completion of the work under this Agreement. (check one) __ Applicable X Not Applicable (7) Aircraft Liability coverage shall be carried at limits of $2,000,000 each occurrence if applicable to the completion of the work under this Agreement. (check one) Applicable ~ Not Applicable PROPERTY INSURANCE - BUILDERS RISK (1) .-.Property Insurance - Builders Risk coverage shall be carried by the Owner if applicable. (check one) __ Applicable ~X Not Applicable (2) The Owner shall purchase and maintain in a company or companies lawfully authorized to do business in the State of Florida and in Collier County, properly insurance in the amount of the initial Contract Sum as well as subsequent modifications thereto for the entire Work at the site on a replacement cost basis without voluntary deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than the Owner has an insurable interest in the property required to be covered, whichever is earlier. This insurance shall include interests of the Owner, the Contractor, Subcontractors, Sub-subcontractors and Material Suppliers in the Work. (3) Property insurance shall be on an all-risk policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including, without duplication of coverage, theft, wind and hail, vandalism, malicious mischief, collapse, falsework, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and, at the Owner's option, shall cover reasonable compensation for Professional's services and expenses required as a result of such insured loss. At the Owner's option, flood insurance will also be purchased. (4) The property insurance provided by the Owner requires minimum deductibles and the Contractor shall pay costs not covered by the deductibles. The responsibility of the Contractor for any deductible associated with the all-risk policy described above shall be limited to a maximum of $1,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. The responsibility of the Contractor for any deductible associated with the flood insurance identified herein, if purchased by the Owner, shall be limited to a maximum of $1,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. '- (5) This property insurance shall cover portions of the Work stored off the site after written approval of the Owner at the value established in the approval, and also portions of the Work in transit. (6) Boiler and Machinery Insurance. The Owner shall have the option of purchasing and maintaining boiler and machinery insurance required by the Contract Documents or by law, 40 which shall specifically cover such insured objects during installation and until final acceptance by the Owner. If purchased this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub-subcontrators in the Work. (7) Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub-subcontractors, agents and employees, each of the other, and (2) the Professional, Professional's consultants, for damages caused by fire or other perils to the extent covered by properly insurance obtained pursuant to this or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The policies shall provide waivers of subrogation by endorsement or otherwise. (8) A loss insured under Owner's properly insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear. (9) If Builders Risk coverage is applicable the Contractor shall be responsible for the following maximum deductibles per occurrence per paragraph (3) above. (check one) ~ All Risk Policy - $1,000 maximum deductible __ All Risk Policy - Maximum deductible of $ __ Flood Policy - $1,000 maximum deductible ,'- ~ Flood Policy - Maximum deductible of $ 41 AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? (check one) !Yes No (1) Automobile Liability Insurance shall be maintained by the Contractor / Consultant / Professional for the ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less than: (check one) X Bodily Injury & Property Damage - $ 500,000 ~ Bodily Injury & Property Damage - $1,000,000 (2) The Owner shall be named as an Additional Insured under the policy. UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the Contractor/Consultant/Professional and, if so, such policy shall be excess of the Employers' Liability, Commercial General Liability and Automobile Liability coverages required herein and shall include all coverages on a "following form" basis. (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying limit due to the payment of claims, the Umbrell.~ policy will "drop down" to apply as primary insurance. (3) The General Aggregate limit, if applicable, shall apply separately to this project and the policy shall be so endorsed. 42 PROFESSIONAL LIABILITY INSURANCE Required by this Agreement? (check one) X Yes ~ No (1) Professional Liability Insurance shall be maintained by the Consultant/Professional to insure its legal liability for claims arising out of the performance of professional services under this Agreement. Such insurance shall have limits of not less than: (Check One) __ $ 500,000 each claim and in the aggregate X $1,000,000 each claim and in the aggregate __ $2,000,000 each claim and in the aggregate __ S each claim and in the aggregate (2) Any deductible applicable to any claim shall be the sole responsibility of the Consultant/Professional and shall not be greater than $50,000 each claim. (3) The Consultant/Professional shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the Owner. END OFSCHEDULE D. 43 SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Agnoli, Barber and Brundage, Inc. hereby certifies that wages, rates and other factual unit costs supporting the compensation for the engineering and design services of the CONSULTANT to be provided under the Professional Services Agreement, concerning the Lely Area Stormwater Improvement Project are accurate, complete and current as of the time of contracting. Agnoli, Barber and Brundage, Inc. Daniel W .... ' Brund ent DATE: ~ ' ~ ' ~ ~ Revised: JUNE 3, 1997 AC 44 REQUEST FOR PROPOSALS NO. 97-2715 "Engineering Services for the Lely Area Stormwater Improvement Project Phase 1" SELECTION COMMITTEE FINAL RANKING STANDINGS NUMBER OF NUMBER OF NUMBER OF SUM OF 1ST PLACE 2ND PLACE 3RD PLACE RANKING NAME OF FIRM RANKINGS RANKINGS RANKINGS SCORING IjH~ P ~ L t I I o o /9.,8.,8. ..3 ~. / NOTE: Ranking Scoring is determined by multiplying each 1st Place Ranking by 3 points, each 2nd Place Ranking by 2 points, each 3rd Place Ranking by 1 point. The Final Ranking order is determined by the highest to lowest Ranking Scoring totals. SELECTION COMMITTEE FINAL RANKING: FIRM FIRST THIRD · SELECTION CO E CHAIRMAN' S SIGNATURE · 'RFP #97-2715 "Engineering Services for Lely Area Stormwater Improvement Project Phase 1" Approach Expertise of Designated. Staff 2/ /~ 20 25 ~o~nts ~revious ~erfo~ma~ce oa Similar Jobs Responsiveness ~ility to complete on time 5 Points ~bility to complete 5 Points TOT~ RANKING FIRST FIRM SECOND FIRM Selection C~ittee Member ' s Signature \ · RFP #97-2715 "Engineering Services for Lely Area Stormwater Improvement Project Phase NAME OF FIRM Approach Expertise of Designated - Staff 25 Points Previous Performance 50 Points Office Location and Responsiveness s Points Ability no complete 5 Points AbilitV to complete 5 points RANKING SECOND FIRM ~ ~ ~ THIRD FIRM ~ ~' (J7'1~ Selectio Committe~gnature " RFP #97-2715 "Engineering Services for Lely Area Stormwater Improvement Project Phase 1" /d' ~,~/~)' o~'~~' / ~ o~ ~ I~ I~'~,,~ I w I¢,.'~ I I I ' I~~ ..1~~ I I I Approach 10 Points Expertise of Designated Staff 25 Points Previous Performance on Similar Jobs Office Location and Responsiveness ~bility to complete on time 5 Points ~bility to complete within budget 5 Points TOT~ RA/TKING RFP #97-2715 "Engineering Services for Lely Area Stormwater Improvement Project Phase 1" Iw,'l~,,-I~s I ua~ Ir~'..,~,,-I I ~az o~ nRa ~' ~¢v I kfc.~,, I I Approach 10 Points E~ertise of Designated ' S~aff 17 25 Points Previous Perfo~ance SO Points Office Location ~nd Responsiveness 5 Points ~ility to complete on time ~ ~ - _ 5 Points ~bility to complete within budget 5 Points TOT~ ~ h L', F ' 7 ~el~e~io~ ~o~i~e~ ~e~e~ RFP #97-2715 "Engineering Services for Lely Area Stormwater Improvement Project Phase 1" Approach Expertise of Designated ' Staff Previous Performance 5 .RA/qKING SECOND FIRM 46~, Selectio~l~6mmittee Member's Signature EXECUTIVE SUMMARY LIVINGSTON ROAD CONSTRUCTION ENGINEERING INSPECTION PROFESSIONAL SERVICES AGREEMENT WITH KISINGER CAMPO AND ASSOCIATES CORP. (Project No. 60061) (CIE No. 53) OBJECTIVE: Obtain Board approval of the Livingston Road (Radio Road to Golden Gate Parkway) Construction Engineering Inspection Professional Services Agreement with the consultant firm of Kisinger Campo and Associates Corp. CONSIDERATIONS: On August 5, 1998 the County requested proposals (RFP 98-2849) from interested engineering rinns for the provision of construction engineering inspection (CEI) services for Livingston Road (Radio Road to Golden Gate Parkway). The consultant firm of Kisinger Campo and Associates Corp. was selected as the top ranked proposer. The County is preparing to enter into the bidding stage for the construction of Livingston Road and the CEI consultant needs to be available during this process to ensure a smooth construction startup. This Agreement has been reviewed by the Office of the County Attorney. A copy of the Professional Services Agreement and consultant ranking information is located in the Board of County Commissioners office, County Administrator's office, and the Minutes and Records office. FISCAL IMPACT: Funding for the CEI services in the amount of $632,873.00 is available in · e"i~oad~es- District 1. GROWTH MANAGEMENT IMPACT: This, Capital Improvement Project No. 53 is consistent with the Transportation Element of the Growth Management Plan. RECOMMENDATION: Approve the Livingston Road Construction Engineering Inspection Professional Services Agreement with Kisinger Campo and Associates Corp. in the mount of $632,873.00 and authorize the Chairwoman to sign for the Board. t~ Robert C. Wiley, P .' ~ Date: ...2 -/.2- ~ P.W.E.D. Proj t ~ [ vn wsD BY: Date: Z '/Z7 7¢ Edward J. . FEB 2 3 1999 Executive Summary Livingston Road CEI Services Agreement Page 2 REVIEWED BY: ,;~._j'~&.t 4-C'1J"q C Date: itephe~i Y. Camell ~' ' Purchasing Department Director REVIEWEDBY:J~effBibby,~'/'jp.E~c'~/~"~7~ Date: P.W.E.D. Director APPROVED BY~ Date: Ed Ilschner Public Works Administrator F E B 2 3 1999 Professional Services Agreement and Consultant Ranking Information for Livingston Road Construction Engineering Inspection BCC Agenda Item 16(B)(6) February 23, 1999 LIVINGSTON ROAD (60061) CONSTRUCTION ENGINEERING INSPECTION SERVICES PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this __ day of 19 , by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Flodda and ex-officio the governing board of the Collier County Water-Sewer District (hereinafter referred to as the "OWNER") and Kisinger Campo and Associates Corp. a Florida corporation, authorized to do business in the State of Florida, whose business address is 2201 North Lois Ave., Suite 1200, Tampa, FL 33607 (hereinafter referred to as the "CONSULTANT"). WITNESSETH: WHEREAS, the OWNER desires to obtain the professional construction engineering inspection services of the CONSULTANT concerning certain design services for Livingston Road (Proj. No. 60061 ) (hereina~er referred to as the "Project"), said services being more fully described. in Schedule A, "Scope of Services", which is attached hereto and incorporated herein; and WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; and WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required for the Project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: -1- ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1.1. CONSULTANT shall provide to OWNER professional construction engineering inspection services in all phases of the Project to which this Agreement applies. 1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the Scope of Services described in detail in Schedule A. The total compensation to be paid CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule B, "Basis of Compensation", which is attached hereto and incorporated herein. 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and/or retain only qualified personnel to provide such services. 1.5. CONSULTANT agrees to employ and designate, in writing, within five (5) calendar days after receiving its Notice to Proceed, a qualified person to serve as the CONSULTANT's project manager (hereinafter referred to as the "Project Manager"). The Project Manager shall be authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement. Within five (5) calendar days from the Notice to Proceed issued by the OWNER to the CONSULTANT, the CONSULTANT shall deliver to the OWNER a written -2- statement, executed by the proper officers of the CONSULTANT, acknowledging that the Project Manager shall have full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to this Agreement. The CONSULTANT agrees that the Project Manager shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The person selected by the CONSULTANT to serve as the Project Manager shall be subject to the prior approval and acceptance of the OWNER. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from the OWNER, to promptly remove and replace the Project Manager, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, whom the OWNER shall request in writing to be removed, which request may be made by the OWNER with or without cause. 1.7. The CONSULTANT has represented to the OWNER that it has expertise in the type of professional services that will be required for the Project. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the OWNER's review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all published laws, statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies which regulate or have jurisdiction over the Project or the services to be provided and performed by CONSULTANT hereunder. In the event of any conflicts in these requirements, the CONSULTANT shall notify the OWNER of such conflict and utilize its best professional judgment to advise OWNER regarding resolution of the conflict. 1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without OWNER's prior written consent, or unless incident to the proper -3- performance of the CONSULTANT's obligations herounder, or in the course of judicial or legislative proceedings whero such information has been properly subpoenaed, any non-public information concerning the services to be rendered by CONSULTANT herounder, and CONSULTANT shall requiro all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. 1.9. CONSULTANT agrees to proparo all monthly and final payment estimates for work completed by the construction contractor. Project completion dates will also be proparod by the CONSULTANT. Said monthly/final payment estimates and Project completion date schedules shall be in a form approved by the OWNER. 1.10. CONSULTANT shall not be responsible for means, methods, techniques, sequences or proceduros of construction selected by contractors or the safety precautions and programs incident to the work of contractors. ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by OWNER, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. These services will be paid for by OWNER as indicated in Article Five and Schedule B. The following services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional Services: 2.1. Proparation of applications and supporting documents (except those alroady to be furnished under this Agroement) for private or governmental grants, loans, bond issues or advances in connection with the Project. 2.2. Services rosulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, OWNER's -4- schedule or character of construction; and revising previously accepted studies, reports, design documents or Contract Documents when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT's control. 2.3 Providing renderings or models for OWNER's use. 2.4. Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting OWNER in obtaining process licensing. 2.5. Fumishing services of independent professional associates and consultants for other than the contract services to be provided by CONSULTANT hereunder. 2.6. Services dudng out-of-town travel required of CONSULTANT and directed by OWNER, other than visits to the Project site or OWNER's office. 2.7. Assistance in connection with bid protests, rebidding or renegotiating contracts for construction, materials, equipment or services, except as otherwise provided for herein. 2.8. Providing surveys or related engineering services needed for the transfer of interests in real property and field surveys for design purposes and engineering surveys and staking to enable contractors to proceed with their work as requested by the County's Project Coordinator. 2.9. Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. -5- 2.10. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation, or other legal or administrative proceeding, involving the Project (except for assistance in consultations which are included as part of the Basic Services to be provided herein). 2.11. Additional services rendered by CONSULTANTS in connection with the Project, not otherwise provided for in this Agreement or not customarily furnished in accordance with generally accepted construction engineering inspection practice. ARTICLE THREE OWNER'S RESPONSIBILITIES 3.1. The Owner shall designate in writing a project coordinator to act as OWNER's representative with respect to the services to be rendered under this Agreement (hereinafter referred to as the "Project Coordinator"). The Project Coordinator shall have authority to transmit instructions, receive information, interpret and define OWNER's policies and decisions with respect to CONSULTANT's services for the Project. However, the Project Coordinator is not authorized to issue any verbal or wdtten orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever unless approved, in advance, by the County Administrator or his designee: (a) The time the CONSULTANT is obligated to commence and complete all such services; or (b) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT provided that the change (or the sum of the changes) amounts to 10 percent or less, of the current Board approved amount and does not exceed $50,000. 3.2. The Project Coordinator shall: -{5- (a) Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; (b) Provide all criteria and information requested by CONSULTANT as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT's disposal all available information in the OWNER'S possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to design or construction of the Project (d) Arrange for access to and make all provisions for CONSULTANT to enter the Project site to perform the services to be provided by CONSULTANT under this Agreement; and (e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the OWNER with respect to the services to be rendered by CONSULTANT hereunder. 3.3. CONSULTANT acknowledges that access to the Project Site, to be provided at all times by OWNER for CONSULTANT. 3.4. OWNER shall be responsible for the acquisition of all easements, property sites, rights-of-way, or other property dghts required for the Project and for the costs thereof, including the costs of any required land surveys in connection with such acquisition. ARTICLE FOUR TIME 4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from OWNER for all or any -7- designated portion of the Project and shall be performed and completed in accordance with the Project Schedule attached hereto and made a part hereof as Schedule C. Time is of the essence with respect to the performance of this Agreement. 4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of God or of public enemy, acts of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or lock-outs, then CONSULTANT shall notify OWNER in writing within thirty (30) calendar days after commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extension. 4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT's services from any cause whatsoever, including those for which OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONSULTANT's sole remedy against OWNER will be the right to seek an extension of time to its schedule. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. Provided, however, if through no fault or neglect of the CONSULTANT, the services to be provided hereunder have not been completed within four hundred eighty (480) calendar days [subject to a start date corresponding with the selection of a construction contractor, the intent being to have the CEI consultant staff available approximately thirty (30) days prior to start of actual construction] of the date hereof, the CONSULTANT's compensation may be equitably adjusted, with respect to those services that have not yet been performed, to reflect the incremental increase in costs experienced by CONSULTANT after expiration of a twenty-four (24) month period. 4.4 Should the CONSULTANT fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely and reasonable manner, in addition to any other -8- rights or remedies available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the OWNER's satisfaction that the CONSULTANT's performance is or will shortly be back on schedule. ARTICLE FIVE COMPENSATION 5.1. Compensation and the manner of payment of such compensation by the OWNER for services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled "Basis of Compensation", which is attached hereto and made a part hereof. ARTICLE SIX OWNERSHIP OF DOCUMENTS 6.1. Upon completion or termination of this Agreement, all records, documents, tracings, plans, specifications, maps, evaluations, reports and other technical data, other than working papers, prepared or developed by CONSULTANT under this Agreement shall be delivered to and become the property of OWNER. CONSULTANT, at its own expense, may retain copies for its files and internal use. OWNER agrees to indemnify and hold harmless CONSULTANT with respect tO any claim, loss or damage, including attorneys fees incurred by CONSULTANT due to the OWNER's use of said records, documents, tracings, plans, specifications, maps, evaluations, reports, computer disks and other technical data on some other project unless such use is authorized by CONSULTANT. 6.2. With respect to and in consideration for the indemnification provided by OWNER in paragraphs 6.1, above, CONSULTANT agrees to pay to OWNER $10.00, the sufficiency and receipt of which is acknowledged through the signing of this Agreement. ~9- ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1. CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed, whichever is later. OWNER, or any duly authorized agents or representatives of OWNER, shall have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above; provided, however, such activity shall be conducted only during normal business hours. ARTICLE EIGHT INDEMNIFICATION 8.1. The CONSULTANT in consideration of $10.00, the sufficiency and receipt of which is acknowledged through the signing of this Agreement shall protect, defend, indemnify and hold OWNER and its officers, employees and agents harmless from and against any and all losses, penalties, damages, professional fees, including attorney fees and all costs of litigation and judgments arising out of any willful misconduct or negligent act, error or omission of the CONSULTANT, its Subconsultants, Subcontractors, agents or employees, arising out of or incidental 'to the performance of this Agreement or work performed thereunder. The consideration exchanged and the provisions of this paragraph shall also pertain to any claims brought against the OWNER its officers, employees or agent~ by any employee of the named CONSULTANT, or any Subconsultant or Subcontractor, or anyone directly or indirectly employed by any of them. The CONSULTANT'S obligation under this paragraph shall not be limited in any way by the agreed upon contract price as shown in this Agreement or the CONSULTANT'S limit of, or lack of, sufficient insurance protection. -10- 8.2. CONSULTANT acknowledges that the general conditions of any construction contract shall include language, satisfactory to the OWNER's attorney, in which the contractor agrees to hold harmless and to defend OWNER, 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 adsing out of or incidental to the performance of the construction contract or work performed thereunder. ARTICLE NINE INSURANCE 9.1. CONSULTANT shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to this Agreement. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CONSULTANT's own staff and sub-consultant (Forge Engineering, Inc.), unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this Agreement shall, however, be construed as constituting an agreement between the OWNER and any such other person or firm. Nor shall anything contained herein be deemed to give any such party or any third party any claim or right of action against the OWNER beyond such as may otherwise exist without regard to this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS 11.1. CONSULTANT's acceptance of final payment shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of this Agreement or otherwise related to the Project, except those previously made in writing and identified by CONSULTANT as unsettled at the time of the final payment. Neither the acceptance of CONSULTANT's services nor payment by OWNER shall be deemed to be a waiver of any of OWNER's rights against CONSULTANT. ARTICLE TWELVE TERMINATION OR SUSPENSION 12.1. CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) failure to begin work under the Agreement within the times specified under the Notice(s) to Proceed, or (b) failure to properly and timely perform the services to be provided hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT's principals, officers or directors, or (d) failure to obey laws, ordinances, regulations or other codes of conduct, or (e) failure to perform or abide by the terms or spirit of this Agreement, or (f) for any other just cause. The OWNER may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice. 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3 below and CONSULTANT's remedies against OWNER shall be the same as and limited to those afforded CONSULTANT under paragraph 12.3 below. 12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT's recovery against OWNER shall be limited to that portion of the fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against OWNER, including, but not limited to, anticipated fees or profits on work not required to be performed. 12.4. Upon termination, the CONSULTANT shall deliver to the OWNER all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement. 12.5. The OWNER shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein. ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely; for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth-In-Negotiation Certificate, attached hereto and incorporated herein as Schedule E, stating that wage rates and other factual unit costs supporting the compensation are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the Agreement price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. ARTICLE FIFTEEN MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the OWNER shall be in writing and shall be delivered by hand or by United States Postal Service Department, first class mail service, postage prepaid, return receipt requested, addressed to the following OWNER's address of record: Board of County Commissioners, Collier County Florida c/o Public Works Engineering Department -14- 3301 Tamiami Trail East Naples, FL 34112 Attention: Robert C. Wiley, P.E. 16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to the CONSULTANT shall be made in writing and shall be delivered by hand or by the United States Postal Service Department, first class mail service, postage prepaid, raturn receipt requested, addressed to the following CONSULTANT's address of record: Kisinger Campo and Associates Corp. 2203 North Lois Ave., Suite 1200 Tampa, FL 33607 Attention: Mr. Joaquin M. Campo, P.E. 16.3. Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. ARTICLE SEVENTEEN MISCELLANEOUS 17.1. CONSULTANT, in representing OWNER, shall promote the best interest of OWNER and assume towards OWNER a duty of the highest trust, confidence, and fair dealing. 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 17.3. This Agreement is not assignable, in whole or in part, by CONSULTANT without the prior written consent of OWNER. 17.4. Waiver by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. -15- 17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 17.6. This Agreement, initially consisting of forty (40) continuously numbered pages including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. ARTICLE EIGHTEEN APPLICABLE LAW 18.1. Unless otherwise specified, this Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by the laws, rules and regulations of the United States when providing services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate Florida state court in Collier County, Florida. IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL Dwight E. Brock, Clerk SUBDIVISION OF THE STATE OF FLORIDA [AND AS EX-OFFICIO THE GOVERNING By:. BOARD OF THE COLLIER COUNTY WATER- SEWER DISTRICT] Date: By: Pamela S. Mac'Kie, Chairwoman Approved as to form and legal sufficiency: L~nty Attorney GER CAMPO AND ASSOCIATES CORP. ./27. d, ~,~o,- eL . c'<?~c &,--~ ~¥,~,~ Witness d ~uin M. Campo, ~:, President Witness (CORPO~TE SEAL) -17- SCHEDULE A SCOPE OF SERVICES Schedule A consists of the following component Pads: A.1. DESCRIPTION OF PROJECT A.2. CONSTRUCTION CONTRACT ADMINISTRATION A.3. DETAILED OBSERVATION OF CONSTRUCTION -18- A.1. DESCRIPTION OF PROJECT. A.1.1. Location: The project involves the construction engineering inspection of a new urban four-lane arterial roadway from Radio Road to Golden Gate Parkway, including appropriate modifications at intersections and terminus points to provide safe access to existing roadways. A.1.2. Type of Work: The project involves the construction engineering inspection of a new urban four-lane arterial roadway which includes, but is not necessarily limited to, clearing and grubbing, excavation, placement of embankment, stormwater facilities, utilities construction and relocation, complete roadway and bridge construction, retaining and gravity wall construction, safety barrier and noise reduction wall construction, signalization and lighting installation, protection of private property immediately adjacent to construction activities, and public relations for business and residential impacts. A.2. CONSTRUCTION CONTRACT ADMINISTRATION. A.2.1. Consult with the OWNER and contractors as reasonably required and necessary with regard to construction of the Project, including but not limited to pre-construction conference and regularly scheduled coordination meeting with OWNER and contractor. A.2.2. Review materials and workmanship of the Project and report to OWNER any deviations from the Contract Documents which may come to the CONSULTANT's attention; determine the acceptability of work and materials and make recommendation to OWNER to reject items not meeting the requirements of the Contract Documents. A.2.3. Recommend to the OWNER in writing that the work, or designated portions thereof, be stopped if, in CONSULTANT's judgment, such action is necessary to allow proper inspection, avoid irreparable damage to the work, or avoid subsequent rejection of work which could not be readily replaced or restored to an acceptable condition. Such stoppage to be only for a period reasonably necessary for the determination of whether or not the work will in fact comply with the requirements of the Contract Documents. A.2.4. Require that any work which is covered up without being properly observed be uncovered for examination and restored at contractors expense if deemed appropriate by the CONSULTANT. A.2.5. Issue interpretations and clarifications of Contract Documents during construction, and evaluate requests for substitutions or deviations therefrom. Notify OWNER of any such requested deviations or substitutions and when reasonably necessary provide OWNER with a recommendation concerning same. Prepare work change orders as directed by OWNER. A.2.6. Submit to OWNER, in a format acceptable to OWNER, weekly progress and status reports, including but not limited to manpower, amount of work performed and by whom, equipment, problems encountered, method to correct problems, errors, omissions, deviations from Contract Documents, and weather conditions. A.2.7. Review and make recommendations to shop drawings, diagrams, iljustrations, catalog data, schedules and samples, the results of laboratory tests and inspections, and other data which contractors are required to submit for conformance with the design concept of the Project and compliance with the provisions of the Contract Documents. All submittals shall be approved by the designer of record. A.2.8. Monitor all required Project records, including but not limited to delivery schedules, inventories and construction reports. Based upon the Project records, as well as CONSULTANT's observations at the site and evaluations of the data reflected in contractor's application for payment, CONSULTANT shall render a recommendation to OWNER concerning the amount owed to the contractor(s) and shall forward the contractor's application for such -20- amount to OWNER. Such approval of the application for payment shall constitute a representation by CONSULTANT to OWNER, based on observations and evaluations, that: (a) the work has progressed to the point indicated; (b) the work is in substantial accordance with the Contract Documents; and (c) the contractor(s) is (are) entitled to payment in the recommended amount. A.2.9. Receive and review all items to be delivered by the contractor(s) pursuant to the Contract Documents, including but not limited to all maintenance and operating instructions, schedules, guarantees, warranties, bonds and certificates of inspection, tests and approvals. CONSULTANT shall transmit all such deliverables to OWNER with CONSULTANT's written comments and recommendations concerning their completeness under the Contract Documents. A.2.10. Support the OWNER'S efforts to negotiate with the contractor(s), the scope and cost of any necessary contract change orders, using as a basis for such negotiations data or other information emanating from the Contract Documents, including but not limited to the bid sheet, technical specifications, plans, shop drawings, material specifications, and proposed material and labor costs. At OWNER'S request, prepare, recommend and submit for OWNER'S approval such change orders under the owner's direction and guidance. Under no circumstances shall the CONSULTANT be authorized to make commitments on behalf of or legally bind the OWNER in any way to any terms or conditions pertaining to a prospective change order. A.2.11. Upon receiving notice from the contractor advising CONSULTANT that the Project is substantially complete, CONSULTANT, shall schedule and, in conjunction with OWNER, conduct a comprehensive inspection of the Project, develop a list of items needing completion or correction, forward said list to the contractor and provide written recommendations to OWNER concerning the acceptability of work done and the use of the Project. For the purposes of this provision, substantial completion shall be deemed to be the stage in construction of the Project where the Project can be utilized for the purposes for which it was intended, and where minor items need not be fully completed, but all items that affect the operational integrity and function of the Project are capable of continuous use. A.2.12. Perform final inspection in conjunction with OWNER, and assist OWNER in closing out construction contract, including but not limited to, providing recommendations concerning acceptance of Project and preparing all necessary documents, including but not limited to, lien waivers, contractor's final affidavit, close-out change orders, and final payment application. A.2.13. Prepare and submit to OWNER upon completion of construction of the Project, five (5) sets of record drawings and one (1) set of reproducible record drawing mylars of the work constructed, including those changes made during the construction process, using information supplied by the contractors and other data which can reasonably be verified by CONSULTANT's personnel. A.2.14. Preepare and submit to OWNER upon completion of construction of Project a final report of variations from the construction Contract Documents, including reasons for the variations. A.3. DETAILED OBSERVATION OF CONSTRUCTION. A.3.1. Construction work shall be done under the full-time observation of at least one representative of CONSULTANT; or by such additional representatives of the CONSULTANT as may be necessary for observing the construction of the Project, as may be authorized and approved by the OWNER. A.3.2. During detailed observation of construction CONSULTANT shall act to protect OWNER's interests in Project and: (a) take 3 x 5 color 35 mm photographs of important aspects of the Project, including by way of example and not limitation, all existing private facilities within the work zone, existing pre-construction surface conditions, important phases of construction, construction observations that detect questionable practices or special interest areas, problems or accidents, surprises from unanticipated conditions and other items needing visible documentation for future reference, process and submit same together with corresponding negatives on a continuous basis to OWNER; such pictures to be properly categorized and identified as to date, time, location, direction and photographer, with subsequent notations on drawings; (b) maintain appropriate field notes from which record drawings can be generated; (c) perform the appropriate materials and placement sampling and testing in accordance with Florida Department of Transportation and Collier County standards; (d) maintain appropriate field records to document any and all disputes or claims, whether actual or potential with respect to construction of the Project; and (e) observe operation or performance testing and report findings to OWNER and contractor (e.g. including copies of bacteriological and pressure tests when potable water lines are involved upon completion of operable units, signalization and lighting testing, etc.). END OFSCHEDULEA SCHEDULE B BASIS OF COMPENSATION B.1.1. As consideration for providing Basic Services as set forth herein in Parts A.1, A.2, and A.3 of Schedule A, OWNER agrees to pay, and CONSULTANT agrees to accept, the time and reimbursable fees or unit prices (whichever is applicable) as shown on Attachment A entitled "Estimated Costs Construction Engineering and Inspection Services" Sheets 1 through 4 inclusive. B.1.2. Payment For Basic Services under Parts A.2 and A.3 of Schedule A shall be paid on a time and reimbursable or unit price basis (whichever is applicable) upon receipt of an approvable invoice on no more than a monthly basis. B.2.1. As consideration for providing Basic Services under Part A.3 entitled "Detailed Observation of Construction" and for properly approved Additional Services set forth in Article Two of this Agreement as estimated on Attachment C entitled "Consultant's Estimate of Additional Services", OWNER agrees to pay and CONSULTANT agrees to accept payment on a time and reimbursable or unit cost basis (whichever is applicable). Payments for Part A.3 services and propedy approved Additional Services shall be made monthly on a time and reimbursable or unit cost basis (whichever is applicable) computed in accordance with either Attachment B entitled "Consultant's Employee Houdy Rate Schedule" for employees working under this Agreement or Attachment C entitled "Consultant's Estimate of Additional Services". Payment shall be made monthly on an as needed basis, not to exceed 40 hours per person per week. Payment for services performed by individuals beyond 40 hours per week or Saturdays, Sundays or holidays, shall be increased by a factor of 1.5 applied to Attachment B provided such overtime work is approved by OWNER in advance whenever possible and not due to CONSULTANT'S own fault or neglect. Bo2.2. Reimbursable costs shall mean the actual expenditures made by the CONSULTANT while providing Basic Services under Part A.3 or Additional Services, in the interest of the Project, listed in the following sub-paragraphs: (a) expenses for transportation and subsistence incidental to out-of-town travel required by CONSULTANT and directed by OWNER, other than visits to the Project Site or OWNER's office; (b) expenses for preparation, reproduction, photographic production techniques, postage and handling of drawings, specifications, and similar Project-related items required in Parts Ao2 and A.3 of Basic Services; (c) when authorized in advance by OWNER, except as specifically otherwise provided herein, the expense of overtime work requiring higher than regular rates; and (d) expenses for renderings, models and mock-ups requested by OWNER. B.2.3. By way of example and not limitation, reimbursable costs shall specifically not include expenditures, except as otherwise described in paragraph B.2.2, such as: (a) expenses for transportation and subsistence; (b) overhead, including field office facilities; (c) overtime not authorized by OWNER; or (d) expenses for copies, reproductions, postage, handling, express delivery, and long distance communications. B.3.1. In no case shall the time and reimbursable figures or unit costs (whichever is applicable) on Attachment A be exceeded without a change in the scope of the project being approved by the County Administrator or his designee B.3.2. Detailed Construction Observation work performed under Part A.3. and Additional Services, shall be paid as substantiated to the limits shown in Attachment C, but not to exceed the sum of those figures without execution of an appropriate Agreement amendment. B.3.3. Payments will be made for services rendered, no more than on a monthly basis, within thirty (30) days of submittal of an approvable invoice. The project number and number of the purchase order by which authority the services have been made, shall appear on all invoices. All invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by OWNER. B.3.4. CONSULTANT acknowledges that Attachment A - Schedule of Fees for Basic Services, Attachment B - Consultant's Employee Hourly Rate Schedule, and Attachment C - Consultant's Estimate of Additional Services, each attached to this Schedule B are incorporated herein and, will be the basis for OWNER's budgeting, authorizing and monitoring of expenditures under this Agreement. B.3.5. As compensation for coordinating subconsultant activities (other than Forge Engineering, Inc. which submitted as a subconsultant for material testing services as a part of the original proposal) for OWNER, CONSULTANT shall be allowed an administrative fee not to exceed ten percent (10%) of the actual cost of services rendered under Part A.3 and Additional Services. For the purposes of this provision the actual cost of services rendered shall not include any mark-up between the vendor who actually performed the services and any sub-consultant. No administrative fee or mark-up shall be paid in conjunction with the provision of Basic Services as set forth in Part A.2 of Schedule A. END OFSCHEDULEB. SCHEDULE B - ATTACHMENT A SCHEDULE OF FEES FOR BASIC SERVICES [reduce schedule to be provided by CONSULTANT and place it here] ~27- SCHEDULE B - ATTACHMENT B CONSULTANT'S EMPLOYEE HOURLY RATE SCHEDULE [reduce schedule to be provided by CONSULTANT and place it here]. -28- SCHEDULE B - ATTACHMENT C CONSULTANT'S ESTIMATE OF ADDITIONAL SERVICES (INCLUDING DETAILED OBSERVATION OF CONSTRUCTION) [reduce schedule to be provided by CONSULTANT and place it here] SCHEDULE C PROJECT SCHEDULE [reduce schedule to be provided by CONSULTANT and place it here.] -30- SCHEDULE D INSURANCE COVERAGE (1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverages shall be maintained without interruption from the date of commencement of the work until the date of completion and acceptance of the Project by the Owner or as specified in this Agreement, whichever is longer. (4) Certificates of insurance (3 copies) acceptable to the Owner shall be filed with the Owner within ten (10) calendar days after Notice of Award is received by Contractor/Consultant/ Professional. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least thirty (30) days prior written notice has been given to the Owner. (5) All insurance coverages of the Contractor/Consultant/Professional shall be pdmary to any insurance or self insurance program carried by the Owner applicable to this Project. (6) The acceptance by Owner of any Certificate of Insurance does not constitute approval or agreement by the Owner that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. -31- (7) Contractor/Consultant/Professional shall require each of its subcontractors to procure and maintain, until the completion of the subcontractors work, insurance of the types and to the limits specified in this Section unless such insurance requirements for the subcontractor are expressly waived in writing by the Owner. (8) Should at any time the Contractor/Consultant/Professional not maintain the insurance coverages required herein, the Owner may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the Contractor for such coverages purchased. The Owner shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the Owner to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Contract Documents. (9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the Work or termination of the Agreement, the Contractor / Consultant / Professional shall furnish to the County, in triplicate, renewal or replacement Certificate(s) of Insurance not later than thirty (30) calendar days prior to the date of their expiration. Failure of the Contractor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate the Agreement. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? (check one) ~X Yes __ No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the Contractor/Consultant/Professional during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Workers Compensation - Florida Statutory Requirements b. Employers' Liability (check one) $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee X $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee (2) The insurance company shall waive its Rights of Subrogation against the Owner and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworkers Act coverage shall be maintained where applicable to the completion of the work. (check one) __ Applicable _IX Not Applicable (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. (check one) __ Applicable ~ Not Applicable COMMERCIAL GENERAL LIABILITY Required by this Agreement? (check one) ~X Yes __ No (1) Commercial General Liability Insurance shall be maintained by the Contractor/Consultant/Professional. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance by the Owner of the work under this Agreement. Limits of Liability shall not be less than the following: (check one) General Aggregate $300,000 Products/Completed Operations Aggregate $300,000 Personal and Advertising Injury $300,000 Each Occurrence $300,000 Fire Damage $ 50,000 General Aggregate $500,000 Products/Completed Operations Aggregate $500,000 Personal and Advertising Injury $500,000 Each Occurrence $500,000 Fire Damage $ 50,000 ~X General Aggregate $1,000,000 Products/Completed Operations Aggregate $1,000,000 Personal and Advertising Injury $1,000,000 Each Occurrence $1,000,000 Fire Damage $ 50,000 (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." (3) If the General Liability insurance required herein is issued or renewed on a "claims made" basis, as opposed to the "occurrence" form, the retroactive date for coverage shall be no later than the commencement date of the Project and shall provide that in the event of cancellation or non-renewal the Extended Reporting Period (Discovery Period) for claims shall be no less than three (3) years. -34- (4) The Owner shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the Owner. (5) Coverage shall be included for explosion, collapse or underground property damage claims. (6) Watercraft Liability coverage shall be carried at the limits shown above if applicable to the completion of the work under this Agreement. (check one) __ Applicable X Not Applicable (7) Aircraft Liability coverage shall be carried at limits of $2,000,000 each occurrence if applicable to the completion of the work under this Agreement. (check one) __ Applicable X Not Applicable PROPERTY INSURANCE - BUILDERS RISK (1) Property Insurance - Builders Risk coverage shall be carried by the Owner if applicable: (check one) __ Applicable X Not Applicable (2) The Owner shall purchase and maintain in a company or companies lawfully authorized to do business in the State of Florida and in Collier County, property insurance in the amount of the initial Contract Sum as well as subsequent modifications thereto for the entire Work at the site on a replacement cost basis without voluntary deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than the Owner has an insurable interest in the property required to be covered, whichever is eadier. This insurance shall include interests of the Owner, the Contractor, Subcontractors, Sub-subcontractors and Material Suppliers in the Work. (3) Property insurance shall be on an all-risk policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including, without duplication of coverage, theft, wind and hail, vandalism, malicious mischief, collapse, falsework, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and, at the Owner's option, shall cover reasonable compensation for Professional's services and expenses required as a result of such insured loss. At the Owner's option, flood insurance will also be purchased. (4) The property insurance provided by the Owner requires minimum deductibles and the Contractor shall pay costs not covered by the deductibles. The responsibility of the Contractor for any deductible associated with the all-risk policy described above shall be limited to a maximum of $1,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. The responsibility of the Contractor for any deductible associated with the flood insurance identified herein, if purchased by the Owner, shall be limited to a maximum of $1,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. (5) This property insurance shall cover portions of the Work stored off the site after written approval of the Owner at the value established in the approval, and also portions of the Work in transit. (6) Boiler and Machinery Insurance. The Owner shall have the option of purchasing and maintaining boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner. If purchased this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub-subcontrators in the Work. (7) Waivers of Subrogation. The Owner and Contractor waive all dghts against (1) each other and any of their subcontractors, sub-subcontractors, agents and employees, each of the other, and (2) the Professional, Professional's consultants, for damages caused by fire or other perils to the extent covered by property insurance obtained pursuant to this or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The policies shall provide waivers of subrogation by endorsement or otherwise. (8) A loss insured under Owners property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear. (9) If Builders Risk coverage is applicable the Contractor shall be responsible for the following maximum deductibles per occurrence per paragraph (3) above. (check one) __ All Risk Policy - $1,000 maximum deductible __ All Risk Policy - Maximum deductible of $ __ Flood Policy - $1,000 maximum deductible __ Flood Policy - Maximum deductible of $ -37- AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? (check one) _!X Yes No (1) Automobile Liability Insurance shall be maintained by the Contractor / Consultant / Professional for the ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less than: (check one) X Bodily Injury & Property Damage - $ 500,000 __ Bodily Injury & Property Damage - $1,000,000 (2) The Owner shall be named as an Additional Insured under the policy. UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the Contractor/Consultant/Professional and, if so, such policy shall be excess of the Employers' Liability, Commercial General Liability and Automobile Liability coverages required herein and shall include all coverages on a "following form" basis. (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. (3) The General Aggregate limit, if applicable, shall apply separately to this project and the policy shall be so endorsed. -38- PROFESSIONAL LIABILITY INSURANCE Required by this Agreement? (check one) X Yes ~ No (1) Professional Liability Insurance shall be maintained by the Consultant/Professional to insure its legal liability for claims arising out of the performance of professional services under this Agreement. Such insurance shall have limits of not less than: (Check One) ~ $ 500,000 each claim and in the aggregate X $1,000,000 each claim and in the aggregate __ $2,000,000 each claim and in the aggregate __ $ each claim and in the aggregate (2) Any deductible applicable to any claim shall be the sole responsibility of the Consultant/Professional and shall not be greater than $50,000 each claim. (3) The Consultant/Professional shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the Owner. END OF SCHEDULE D. -39- SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Kisinger Campo and Associates, Corp. hereby certifies that wages, rates and other factual unit costs supporting the compensation for the construction engineering inspection services of the CONSULTANT to be provided under the Professional Services Agreement, concerning Livingston Road (Project No. 60061 ) are accurate, complete and current as of the time of contracting. Kisinger Campo and Associates, Corp. JoaqL('/~'~'Campo, P.E., Preiid~:nt DATE: ,-,D-//0 1 c~ ~ & Revised: JUNE 3, 1997 AC -40- ;. ;:. EXECUTIVE SUMMARY APPROVE A BUDGET AMMENDMENT FOR PUBLIC WORKS RECRUITMENT ADVERTISING. OBJECTIVE: Obtain Board of County Commissioners, approval of a budget amendment to establish a Public Works recruitment advertising budget. CONSIDERATIONS: The Public Works Division has 427 authorized positions. The historical monthly number of vacancies is between 45 - 60 positions with 15 - 20 positions becoming vacant or being filled on a monthly basis. As pan of our enhanced recruitment program we have added a Human Resource Analyst, who artended Job Fairs and advertised our openings aggressively. Between June and September 1998 we have advertised for 95 entry level, clerical, technical and 'professional positions at a cost of $8,957. As of November 1998 we have filled 45 of these positions. We anticipate the need to advertise for 120 Public Works positions this fiscal year. We estimate the advertising cost per position to be $166. This requires an annual budget of $20,000. Unfortunately our recruitment advertising program was not developed in time to be included in our FY99 (current year) operating budget. Accordingly, we are requesting authorization to establish a $20,000 recruitment budget in the Public Works Administration budget. FISCAL IMPACT: The proposed recruitment budget is not presently in place. A budget amendment reducing Utilities Operation Fund (408) Reserves by $20,000 and increasing Public Works Administration operating budget by $20,000 is required. The expenditure of Utility funds for this purpose will be recouped from the benefiting Public Works Departments through the established intra- division reimbursement mechanism. GROWTH MANAGEMENT IMPACT: None RECOMMENDATIONS: Thin the Board of County Commissioners approve the budget amendment as described herein. Prepared by: '~' Date: b D'anne Jan on P b~'c k Analy tD s Reviewed . at . N. Finn, ublic Works Operations Director ' Ed I1 hn blscer, uic~ Approved b ~ Date: FEB 2 3 19 9 PG. (|:) , , EXECUTIVE SUMMARY REQUEST APPROVAL TO WAIVE LANDFILL DISPOSAL FEES FOR LOT CLEARING IN THE "BUILD A HOME FOR GEORGE PROJECT" IN IMMOKALEE. OBJECTIVE: To gain Board of County Commissioner approval to waive landfill tipping fees for the disposal of debris from lot clearing. CONSIDERATION: Citizens, businesses and governmental agencies have come together to assist William George Smith, a student at Immokalee High School who was severely injured playing football. The "Build a Home for George" project was developed and is now in progress. A portion of the project requires the clearing of a residential lot of debris, brush and Austrailian Pine trees. It is estimated that 200 tons of material will be removed from the site. FISCAL IMPACT: Approximately 200 tons ofyardwaste at the tipping fee of $14.39 equals $2878. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: To waive landfill tipping fees for the disposal of debris from lot clearing for the "Build a home for George project. SUBMITTED BY: Date: David W. Russell, Director, Solid Waste Management Department APPROVED BY.'~ Date: ~7~//'~ ~ Ed Ilschner, Public Works Administrator FEB 2 3 1999 ~. EXECUTE SLIMMARY AUTHORIZATION TO RENEGOTIATE AN AGREEMENT 17ITH THE COIJJER COUNTY VETERINARY SOCIETY, INC., TO PROVIDE THE DOMESTIC ANIMAL SERVICES DEPARTMENT ITITH EMERGENCY ANIMAL MEDICAL SERVICES, PHYSICALS AND NEUTER/SPAY OPERATIONS FOR ANIMALS ADOPTED FROM THE COUNTY SHELTER OBJECTIVE: To provide for the lowest cost and highest neuter/spay compliance rate possible for' animals adopted from the County's Domestic Animal Services adoption shelter. CONSIDERATIONS: To bid this service would provide for individual participating veterinarians to have contracts. However, contracting with the Veterinary Society provides for the inclusion of all of the community's vets. Such a contract increases the number of vets that the public can choose to go to after adopting animals from the County shelter. This increases the convenience to the public and in rum improves the rate of those adoptons that do get to the vet, get physicals and the subsequent neuter/spay operafons. In addifon, contracting with the Society provides access to the emergency pet clinic that is available through a rotating veterinarian system 24 hours each day. Because of the nature of DAS work, this is an important feature as the staff is often called out late in the evenings or early mornings for wounded livestock or house pets who have been injured by automobile or other accidents. Finally, it is also through the many local vets that the County is able to sell the vast majority of its annual licenses. The commitment to continue to sell these is contained in this same agreement. Based on these factors, the Board previously directed staff to negotiate an agreement with the Society, which is scheduled to expire in March of 1999. Because it is believed to be in the public's best interest to contx'act directly with the Veterinary Society, it is recommended that the County Commission waive the requirement to bid this service and direct the staff 1o renegotiate a contract. FISCAL IMPACT: There is no direct fiscal impact associated with this requested action. However, should an agreement be brought back for approval that tracks similarly to the existing agreement, it is anticipated that there would be approximately $48,383 in annual revenues. These revenues are generated from the portion of the adoption fees that is associated with the neuter/spay program. In comparison, the expenses associated with performing the neuter/spay operations for the last year were 1;36,360. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this action. RECOMMENDATION THAT THE BOARD OF COI-I JER COUNTY COMMISSIONERS, direct staff to proceed to re-negotiate an agreement between Collier County and the Collier County Veterinary Society, Inc., for the provision of emergency animal medical services, physicals, fecal exams and neuter/spay operatons for animals adopted from the Domestic Animal Services Adoption Shelter. Prepared ~y: 1 ThGrnis i7. OSiiff, Pub"'G~rvices Xdministrator EXECUTIVE SUMMA~ ADOPT A RESOLUTION AUTHORIZING THE ACQUISITION OF LAND BY GIFT OR PURCHASE OF FEE SIMPLE TITLE INTERESTS FOR PROPERTIES ADJACENT TO THE EXISTING LANDFILL IN TOWNSHIP 49S, RANGE 26E, SECTION 25 FOR A PUBLIC RECREATIONAL PURPOSES. .0 BJECTIV~; To obtain authorization from the Board of County Commissioners (the "Board"), to acquire by gii~ or purchase of fee simple title interests for properties located in Township 49S, Range 26E, Section 25 for public recreational purposes. ~ON.SIDERATION: On April 28, 1992, the Board adopted Resolution No. 92-253 authorizing the purchase of vacant properties contiguous to the existing County Landfill. On November 3, 1998. the Board directed staff to pursue acquisition of additional parcels in Section contiguous to the existing County Landfill to complete the 360 acres that was previously approved for public purpose. Purchase of these parcels will allow for the uninterrupted development of and a significantly improved design for a public golf course, and/or "action sports park". """ Staff has reviewed alternative locations, environmental factors, cost variable, safety and welfare consideration as they relate to public purpose and the Board finds that the most feasible location for the purchase of land is being more particularly described in Exhibit "A" of the attached Resolution, FISCAL IMPACT: Estimated cost to purchase the seven (7) parcels of land required to complete the 360 acres is $310,322. This includes all operating expenses such as title policies, appraisal fees and staff time. Funding for the acquisitions is recommended to be from the Regional Park Impact Fee Fund. A Budget Amendment is needed to transfer $3 10,322 from Reserves: From: Fund: 345 - Regional Park Impact Fee Cost Center: 919010 - Reserves Object Code: 993000 - Reserve for Capital Outlay GROWTH.. MANAGEMENT IIvI'PACT; As a Capital Improvement Element project, the recommendation is consistent with the County's Growth Management Plan. F E B 2 3 1999 pg._ / _ Page 2 Executive Summary-Public Recreational Purposes RECOMMENDATION: That the Board: (1) Adopt the attached Resolution authorizing the acquisition by girl or purchase of fee simple title interests for properties located in Township 49S, Range 26E, Section 25 for public recreational purposes. (2) Authorize the Chairman to execute the attached Resolution. (3) Approve the necessary Budget Amendment Wilma Iverson, Senior Specialist Real Proper~ Management Department EVIEWED BY: Dave ~ussell, Director Solid Waste Department APPROVED BY':.' 'x~_'~ _ DATE Xl}ifi'OififfTX'~~r Public Services Division 1 RESOLUTION NO. 99- 2 A RESOLUTION AUTHORIZING THE ACQUISITION OF LAND BY GIFT OR 3 PURCHASE OF FEE SIMPLE TITLE INTERESTS FOR PROPERTIES LOCATED IN 4 TOWNSHIP 49S, RANGE 26E, SECTION 25 FOR PUBLIC RECREATIONAL 5 PURPOSES. 6 WHEREAS, the Board of County Commissioners ("Board"), on August 7, 1990 authorized 7 staff to acquire properties that were contiguous to the existing County Landfill; and 8 WHEREAS, the Board, on April 28, 1992, adopted Resolution 92-253 authorizing the 9 purchase of vacant properties contiguous to the existing County Landfill; and 10 WHEREAS, the Board previously approved, for public purpose, the purchase of 360 acres of 11 vacant properly in Section 25, Township 49S, Range 26E; and 12 WHEREAS, the Board, on November 3, 1998, directed staff to pursue acquisition of additional 13 parcels in Section 25, contiguous to the existing County Landfill to complete the 360 acres that was 14 previously approved for recreational purposes; and 15 WHEREAS, the continued pursuit of property for public recreational purposes is a component 16 part of the County's Comprehensive Plan; and 17 WHEREAS, 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 public recreational purposes such as a public golf course and other recreational facilities; and 20 it has been recommended by County Staff that it is necessary and in the best interest of Collier County, 21 Florida, to maintain flexibility over the acquisition of property rights required for vacant land for 22 public recreational purposes, hereinafter referred to as "Project" as identified on Exhibit "A" attached 23 hereto and incorporated herein by reference; and 24 WHEREAS, acquiring vacant property for public recreational purposes has been determined by 25 the Board to be necessary and in the best interest of Collier County in order to protect the health, safety 26 and welfare of the citizens of Collier County, and will assist Collier County in meeting certain 27 concurrency requirements of the Growth Management Plan for Collier County. 28 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUN'IT COMMISSIONERS OF 29 COLLIER COUNTY, FLOtL!DA, that: FEB 1 1. The Board has considered tbe environmental factors, safety factors and fiscal considerations elating to the final adopted location of the purchase of vacant property for public recreational 3 purposes. 4 2. The purchase of vacant properties by fee simple title interests identified on Exhibit "A" is 5 necessary for public purpose, is in the best interest of Collier County, and is the most feasible location, 6 in order for the County to accumulate properties contiguous with the presently County-owned property. 7 3. The purchase of the property is compatible with the long range planning goals and objectives of 8 the Growth Management Plan for Collier County. 9 4. It is necessary and in the best interest of Collier County for the Board to acquire vacant 10 properties by fee simple title interests, identified in Exhibit "A"; and County Staff is hereby authorized 11 and directed to acquire by gift or purchase, fee simple title interests, on the properties identified in 12 Exhibit "A". 13 5. The Chairman of the Board is hereby authorized to execute Appraisal Agreements with the 14 appraisal firm(s) selected from the list of firms pre-qualified by the Board of County Cmnmissioners. , ""' 'the Board further directs staff to use appraisal reports or internal compensation estimates as staff I~ determines is necessary to best serve the needs of the Project in a timely and cost-effective manner. 17 6. The Board, in accordance with the provisions of Chapter 125.355, Florida Statutes, hereby 18 formally waives the requirement for a formal, independent appraisal report for the purchase of a 19 property where the purchase price of the parcel (the compensation due to the property owner) is less 20 than One Hundred Thousand and 00/100 Dollars ($100,000.00). In lieu of the independent appraisal 21 report, staff is hereby authorized to make purchase offers for the properties, the dollar amounts of 22 which shall be predicated on "staff compensation estimates" based upon independent appraisals (and 23 the data therefrom) obtained on similar properties and upon consideration and application of 24 appropriate market value and cost data pertinent to the subject parcels. 25 7. Upon the approval by the County Attorney's Office of all documents necessary for the subject 26 property acquisition, Real Property Management Department staff is hereby directed to offer 27 iramediate delivery to the respective property owners of the full compensation (as established by the 18 appraisal or staff compensation estimates in accordance with the provisions of Chapter 125.355, lorida Statutes), in return for the immediate and proper execution of the deeds and such other legal 30 documents and/or affidavits as the County Attorney's Office deems appropriate in order to protect the FEB 99 1 interests of the County; and the Board hereby authorizes its present Chairman and any subsequent 2 Chairman, for the life of the Project, to execute any instruments wlfich have been approved by the 3 Office of the County Attorney, to remove the lien of any encumbrance and for any such other purpose 4 as may be required for the acquired fee simple title interests. 5 8. In those instances where negotiated settlements may be obtained via the "Purchase Agreement" 6 mechanism, the Public Works Administrator, or his designee, is charged with the responsibility for 7 completion of various public facilities, and is hereby delegated the authority to approve the purchase of 8 land interests above the staff compensation estimate or appraised value and pay normally related costs 9 when it is in the best interest of the Project, within the pro-rata share of the land rights acquisition 10 budget for the parcel being acquired, only when the difference between the purchase price and tl compensation estimate or appraised value is less than Fifteen Thousand and 00/100 Dollars 12 ($15,000.00) or the current purchasing limits established by the Collier Cokmty Purchasing 13 Department; provided, Project funding is available. 14 9. That the settlement approval authority is delegated by the Board to the extent that such 15 approvals do not conflict with the provisions of Section 125.355, Florida Statutes. 16 10. The Chairman of the Board is hereby authorized to execute Purchase Agreements where the 17 land owner has agreed to sell the required land rights to the County at its appraised value or at that 18 amount considered the "Administrative Settlement Arnount" as such term is internally used by the 19 administrative agencies of Collier County. 2o I 1. Where the property owner agrees, by "Purchase Agreement", to convey a necessary interest in 21 real property to the County, and upon the proper execution by the property owner of those fee simple 22 title interests, and such other legal documents as the Office of the County Attorney may require, the 23 Board hereby authorizes the Fina~ce Department to issue warrants, payable to the property owner(s) of 24 record, in those amounts as shall be specified on a closing statement and which shall be based upon the 25 appraisal or staff compensation estimate in accordance with this Resolution and the provisions of 26 Section 125.355, Florida Statutes. 27 12. All title to properties or interests in properties which have been obtained in the manner 28 described above shall be deemed "accepted" by the Board of County Commissioners, as the governing 29 body of Collier County, Florida, a political subdivision of the State of Florida, and as such, staff is FEB 1999 L..--interests and such other instrmnents as may be required to remove the lien of any encumbrance from .he acquired properties. 3 THIS RESOLUTION ADOPTED on this __day of ,19 , after motion, second 4 and majority vote. 5 BOARD OF COUNTY COMMISSIONERS OF 6 COLLIER COUNTY, FLORIDA 7 ATTEST: 8 DWIGHT E. BROCK, CLERK 9 By: l0 Pan~ela S. Mac'Kie, Chairwoman 11 12 Clerk 13 14 Approved as to form and I gal sufficiency: 16 18 Heidi F. Ashton 19 Assistant County Attorney 20 21 22 23 24 25 26 27 28 EXECUTIVE SUMMARY APPROVE THE PURCHASE OF PLAYGROUND EQUIPMENT. Objective: That the Board of County Commissioners approve the purchase of play structure equipment for Cocohatchee River Park utilizing an annual State contract and award said purchase to Game Time, Inc. Consideration: The Board previously authorized and budgeted additional playground equipment for the Cocohatchee River Park due to the frequent usage of the current equipment. Game Time_ Inc., a supplier of many other Collier County park playground structures, is currently on state contract (650875) and would be able to install said playground for $28,581.50. Collier County Purchasing policy stipulates that departments must gain Board approval for annual state contract purchases over $25,000. Growth Management: Cocohatchee River Park is inventorled in the Growth Management Plan. Fiscal Impact: Funds in the amount of $28,581.50 are budgeted in the Park Improvement Fund, Playground Equipment project (306-116360-763312-80083). Recommendation: That the Board award said bid to Game Time Inc. to purchase playground equipment. Prepared by: lV~u~J'6 ~nik neet~a~n'Manager Datez77'//' Department of Parks and Recreation Reviewed and Approved by: ~/~,4~ Date: Mfirfa k~mTe~, Dire~br' Department of Parks and Recreation Reviewed and Approved by:; ___o_~; flj~) Steve Camell, Director Department of Purchasing Reviewed and Approved by:" ~~"'('2"~ Date: Z'~'q~t Thomas W. Olliff; A~trator Division of Public Services F E a 2 3 1999 pg_. _/_ Represented by: Dominica Recreation Products, inc. the park and playground professionals Quotation ':, FOR: Collier County Parks & Recreation DATF.: November 25, 1998 Attn: Mardo Smith PROJECT: Cocahatchee River Park 3300 Santa Barbara Boulevard Naples, FL 34116 LOCATION: Collier County SHIPMENT: 30-45 days ARO PHONE: 94 1-353-0404 QUOTE EXPIRES: December 31, 1998 FAX: 941-353-1002 L~fF/Q~ot~T.do~ QUANTITY PRODUCT DESCRIFFION UNIT PRICE EXTENSION % 1 ea. #PSl1245 PowerScape Unit $24.008.00 5" O.D. Aluminum SUpport Posts -.~ Clampless, Bolt-Through Factory-Installed Fastening System, ,~'x' (see topview for components) . ~.~?' % 1 ea. #6063 Purple Dinosaur Adventure Mate $ 824.00 % 1 ea. #6054 2 Seat Fire Chief Cruisin' Mate $ 622.00 % Iea. #9835 Elevated Sand Box $ 516.00 ~" Sub-total GameTime Equipment $25,970.00 SNAPS Contract #650875 - DEDUCT / ~ ;~>~;!;i ;~/~, ~, ,-~ - $ 3,895.50 Freight, please ADD +$ 1,332.00 Installation of equipment by a Certified Installer, please ADD +$ 3~975.00 Materials Delivered &Installed ~ ~i~ ~: . ~' $27,381.50 > After December 31, 1998, please add $1,200.00 in the event of material & freight increases. ~> Pricing does not include installation, sales tax, sitework, safety surfacing, borders, drainage, storage of equipment prior to installation, or any other extraneous fees. Installation under normal conditions. ~ Delivery of equipment will be 35-45 days after receipt &order. Installation will be 2-3 weeks after delivery. =:> For questions regarding this quote contact: Britton Howze, Regional Sales Manager, (ext. 101) TERMS: Net 30 with approved credit or payment in full with order. PLEASE SUBMIT PURCHASE ORDER/CHECK TO: GAME TIME /,_, P.O. BOX 520700 · Longwood, FL 32752-0700 Local (407) 33 1-0101 · Fax (407) 33 1-4720 Toll Free (800) 432-0162 EXECUTIVE SUMMARY ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH THE FLORDA COOPERATIVE EXTENSION SERVICES, UNIVERSITY OF FLORIDA TO FURTHER ENHANCE THE COOPERATIVE RELATIONSHIP EXISTING BETWEEN COLLIER COUNTY AND THE EXTENSION SERVICE. OBJECTIVE: To establish a clear and effective structure in which the County Extension Director, agents, and other employees of the Extension Service will be expected to operate while assigned to Collier County. CONSIDERATION: The Extension Service was established for the specific purpose of extending educational information from the University to the people of the State on subjects relating to agriculture, family and consumer sciences, 4-H and youth, community and natural resource development, energy conservation, and marine advisory programs. A memorandum of understanding assures the educational programs offered by the Extension Service meet the needs of local clientele, it is important that both elected and appointed officials of each level of government understand their respective responsibilities and relationships in the conduct of this work. The memorandum of understanding clarifies the provisions of Section 240.505 Florida Statutes which defines the relationship between the County and the University of Florida. The agreement helps to clarify administrative differences between the University system and that of the County. In addition, execution of this first-ever agreement provides an opportunity to revise the name of the Department which is currently the Department of Agriculture. This name inadequately reflects the responsibilities of the Department. The name that would best describe this Department is the Collier County Department of University Extension Services or Extension Services for short. FISCAL IMPACT: Compliance with all County budgetary procedures will remain the same. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve this Memorandum of Understanding with the Florida Cooperative Extension Service and changing the Agriculture DATE: ~/( ~/~ '~ ~ ne~L~!anton Ph.D. County E~ension Di~tor hblic Se~ces Administrator f E B' 2 3' 1999 Pg .~ ,, ,/ ~ MEMORANDUM OF UNDERSTANDING between Florida Cooperative Extension Service, Institute of Food and Agricultural Sciences, University of Florida and The Board of County Commissioners of Collier County, Florida FEB 2 3 19s9 MEMORANDUM OF UNDERSTANDING THIS AGREEMENT is entered into this day of , 1999, between Collier County, a political subdivision of the State of Florida, having a mailing address of 3301 Tamiami Trail, East, Naples, Florida 34112, hereinafter referred to as "COUNTY," and the Florida Cooperative Extension Service, a division of the Institute of Food and Agricultural Sciences (IFAS) of the University of Florida, having a mailing address of Post Office Box 110180, Gainesville, Florida 32611, hereinafier referred to as "EXTENSION SERVICE." WHEREAS, the Extension Service was established for the specific purpose of extending educational information from the University to the people of the state on subjects relating to agriculture, family and consumer sciences, 4-H and youth, community and natural resource development, energy conservation, and marine advisory programs; and WHEREAS, the laws creating the Extension Service were specifically designed to ensure that the findings of research in these areas were available to the people in their communities; and WHEREAS, to assure that educational programs offered by the Extension Service meet the needs of local clientele, it is important that both elected and appointed officials of each level of government understand thek respective responsibilities and relationships in the conduct of this work. NOW, THEREFORE, in consideration of the premises and covenants contained herein, and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the County and Extension Service agree as follows: I. Intent - The intent of this document is to further enhance the cooperative relationship existing between the County and the Extension Service as provided by Section 240.505 Florida Statutes (Attachment No. 1). The Memorandum of Understanding is an effort to comply with the statute with maximum efficiency and to establish a clear and effective structure in which the County Extension Dkector, agents, and other employees of the Extension Service will be expected to operate while assigned to Collier County. II. Responsibilities of the Extension Service - A. With respect to County Extension faculty who receive any portion of their salary from the State of Florida, the Extension Service will: 1. Establish minimum requirements and qualifications for employment of faculty in Extension Service work. 2. Advertise vacancies; receive and examine applications for employment. 3. Interview and screen applicants to determine their qualifications for employment in Extension Service work. FEB 2 3 1999 4. Recommend to the County qualified applicants for appointment to vacant or new County Extension faculty positions in keeping with provisions of Section 240.505, Florida Statute. 5. Recommend the starting salaries of County Extension faculty. B. With respect to management and administration, Extension Service will: 1. Through the County Extension Director prepare and submit a proposed annual budget to the County which shows all staff'positions, total salaries and benefits, and expenditures for operating the Extension program in the County. 2. Provide authorization and funds necessary for required official state travel and per diem for faculty in-service training and other out-of-County program development meetings. 3. Provide County Extension faculty with official postage, envelopes, bulletins, leaflets, and other publications for educational purposes. When funding is provided by Collier County for the above, the statement, "Funding for the duplication of this publication is provided, in pan, by the Collier County Board of County Commissioners," will be added. Any jointly funded publication will also feature the county logo if the University of Florida logo is used. Provide access to the IFAS computer network and computer so~ware for micro computers developed by IFAS for educational purposes. 4. Accept responsibility and provide administration, supervision, and an evaluation of all state funded County Extension programs, the County Extension faculty, Courtesy Extension faculty, and state-paid career service personnel, including compliance with the state and federal requirements of Affirmative Action and Equal Employment Opportunity guidelines. 5. Develop and administer a personnel management plan that will provide for: a. The annual review of each County Extension faculty member's performance. b. Counseling for job improvement where needed. c. Periodic County program reviews. d. Provide a formal method for the County to jointly determine program needs and to have input into the staffing of necessary Extension personnel to meet those needs. 6. Provide a staff of state Extension subject-matter specialists to continuously train County Extension faculty in oarrent technology and other changes affecting agriculture, family and consumer sciences, 4-H and youth, community and natural resource development, energy conservation, and marine advisory programs, and to assist them in the conduct of educational programs in these areas, in a manner pursuant to locally identified needs. F E B 2 3 1999 P,, 7. Provide County Extension faculty with training programs as needed to maintain their effectiveness in program delivery. 8. Develop and maintain a County Advisory Council through joint appointment of Council members to ensure that County Extension programs are based on the particular needs of the people in the County. rll. Responsibilities of the County_ - A. With respect to the County Extension faculty, the County will: 1. Participate in the employment of County Extension faculty members in accordance with the provisions of Section 240.505, Florida Statutes. Ensure that the employment of Courtesy Extension Faculty members is done in a manner which will insure Courtesy status being approved by Extension Service. Courtesy Extension Faculty is defined by University of Florida Rules as a person(s) "having the appropriate professional qualifications who are appointed without compensation to a department, center or unit faculty. Persons appointed with this status may or may not be otherwise affiliated with the University. This appointment is not eligible for tenure or permanent status. Time spent in this appointment shall not count as tenure or permanent status earning service." 2. Provide the County's portion of the salaries and fringe benefits of County Extension faculty members. County Extension faculty will be eligible to participate in other County insurance programs subject to the policies of the Board of County Commissioners. 3. Provide at least 40 percent of the County Extension Director's salary up to the maximum allowed by the County's personnel pay plan, and evaluate the Director's performance based upon jointly agreed-upon annual goals. B. With respect to management and administration, the County will: 1. Review and consider the proposed annual budget provided, pursuant to paragraph II, B. 1 above, and take appropriate action thereon. 2. Provide office space and equipment, salaries for secretaries and other agreed-upon personnel including Courtesy agents, utilities, telephones, office supplies, funding and/or vehicle for official county travel, demonstration materials, and other items needed for the effective operation of the County Extension office and program. 3. Coffer with and advise the District Extension Director and County Extension Director and the County Extension Advisory Council as appropriate relative to County Extension programs. 4. Fulfill the County's role in administration of the County Extension program through the County Administrator' s office, with advisory council input, which will include a formal request for the creation of a needed educational program or elimination of any educational program and/or County faculty position which no longer effectively serves the educational needs of local residents. 5. Provide for the employment of Courtesy Extension Faculty as needs may be determined by the County. IV. Extension Service and County Mutually A~ee: A. That the County Extension faculty will follow County policies relative to office hours, holidays, and drug-free work force. B. That all County Extension faculty appointments will be made cooperatively in accordance with Section 240.505, Florida Statutes. C. To cooperate in applying Affirmative Action and Equal Opportunity plans for Extension Service. D. The Extension Director will function as a Collier County Department Director. The County Extension Director will be jointly responsible to the County Administrator and District Extension Director for the development, implementation, and accountability of a Collier County Cooperative Extension program. The performance of the County Extension Director will be jointly evaluated annually by Collier County and IFAS, the Cooperative Extension Service. The University of Florida will provide primary leadership to the Director for administration of programs; whereas Collier County will provide primary leadership to the Director for management and administration of County-provided resources. Through the County Director, by way of District Extension Director, the University will provide administration, supervision, and evaluation of all County faculty who receive any part of their salaries from state funds. 1. The rules and policies of the University of Florida and the Board of Regents of the State of Florida shall be used in granting annual leave for County Extension Faculty unless County policy provides for less annual leave. Where there is a conflict between County policy and the University regarding granting of official holidays, the County policy will govern. 2. The County Extension Faculty member will be eligible to participate in all University of Florida insurance policies including life, health, and accident policies. Any County Extension Faculty member holding a federal appointment will also be eligible at his/her discretion to participate in federal life and health insurance policies. No County funds will be expended in connection with any University of Florida or federal insurance policy. 3. That County Extension support staff paid solely by the County ~11 b0~[~[~ County policies and procedures regarding County personnel. No.//_,(c ) c.(, FEB 2 3 1999 4. That each County Extension Faculty member (except Courtesy Agents) employed prior to July 1, 1983, participate in the federal retirement program, for which no County funds are required. County Extension Members employed after June 30, 1983, are covered by the Florida Retirement System or the Optional Retirement System (ORS) and Social Security and do not participate in the federal retirement program. The County agrees to pay the appropriate percent (i.e., the same percentage it pays of the salary) of the Social Security Taxes and Florida Retirement System, or ORS contributions for each County Extension Faculty member not participating in the federal retirement program. 5. That the County agrees to pay the appropriate percentage (i.e., the same percent it pays of the salary) of all worker' s compensation for each County Extension Faculty member employed after June 30, 1983. Extension will pay from federal funds worker's compensation for County Extension Faculty members who hold federal appointments. County Extension Faculty members employed after ifune 30, 1983, no longer hold a federal appointment. V. Payment of Salaries for County. Extension Faculty - A. In March of each year, Extension Service will submit to the County a preliminary plan of work including major educational programs and services to be provided to the people of the County by Extension Service during the following one-year period: October 1 to September 30 (Collier County fiscal year). On occasion, when needs for educational programs arise after the referenced time frame, the support of Extension Service in local educational programs will be negotiated between representative designated by the County and Extension Service. B. The County agrees to fund forty percent (40%) of the annual agreed upon cost of County Extension faculty salaries, fringe benefits and worker's compensation. 1. The County shall recognize a County Extension Faculty member's promotion from one academic rank to another and graduate degrees earned through the awarding of a salary increase to that County Extension Faculty member in proportion to the 40% agreed upon in Section V, B, above. 2. Extension Service will establish the dollar value of the increase. FEB i 3 1999 PG' _- 7 VI. Negotiation or Termination of the Memorandum - This document is signed with the understanding that either Extension Service or the County may request clarification or renegotiation of any or all of the agreement at any time, and that either party may withdraw from the agreement after giving three (3) months written notice of its intent to do so. This agreement shall be effective upon execution by all parties. For the Extension Service: Collier County, Florida by and through its Board of County Commissioners By: By: Christine T. Waddill, Dean for Pamela S. Mac'Kie, Chairwoman Florida Cooperative Extension Service Attest: Dwight E. Brock, Clerk By: By: D. Mitch Flinchum Deputy Clerk District Extension Director By: By: ot~-,. ~ Denise Lujan Blanton Tom Palmer, County Attorney County Extension Director Reviewed for legal sufficiency F E B 2 3 1999 EXECUTIVE SUMMARY APPROVE THE PURCHASE OF A BACKUP BATTERY RACK AND A BATTERY MONITORING SYSTEM FOR THE ADMINISTRATION BUILDING. OBJECTIVE: To have the Board approve the purchase of an additional battery rack and a monitoring system for the Administration Building. CONSIDERATION: Over the past several years, the Administration Building on the main campus has been hit with several power outages. Recently, the existing UPS (uninterrupted power supply) system was not able to transfer electrical power from the UPS to the generator correctly. This fault was caused by one or more batteries failing to hold a charge. Because of this failure, the telephone system of the building was temporarily knocked out. Additionally, other agencies (Clerks Data Processing Section) within the Administration Building were inconvenienced from this interruption of electrical service. The Department of Facilities Management requested a professional engineering consultant, TLC Inc., to evaluate the existing UPS System. They provided a recommendation for improving the system. The first step was to incorporate an additional string of batteries extending the UPS's backup time and offering a parallel backup system. The second step was to add a monitoring system that would automatically monitor all 80 batteries in the two banks, and give constant readings of the systems status. The most important part of their recommendation was to implement a monitoring system on all 80 batteries. This system would connect to each battery and provide a means to test and measure their capacity. This monitoring system would automatically sound a warning when the battery/batteries were unable to meet minimum requirements needed to operate the UPS. If a warning was sounded, Department staff could .easily replace the bad battery/batteries without taking the system off line. FISCAL IMPACT: Total cost for this project is $31,889.00. Funds would be transferred from 001-919010 (General Fund Reserves) to 001-122240 (Building Maintenance). GROWTH MANAGEMENT IMPACT: None FEB 2 3 B99 ,Pg... / Executive Summary Cont. UPS Upgrade Page 2 RECOMMENDATION: That the Board of Collier County Commissioners approve the uninterrupted power supply upgrade expenditures and the necessary budget amendments as addressed within this summary. SUBMITTED BY: Date: Daniel R~. liodrigu~Z,,'~la,fi~ Manager Department of Facilities Management REVIEWED BY: ~//"~~d~4-t)/~'}~ Date: Skip Camp, CFM, Director Department of Facilities Management EXECUTIVE SUMMARY AVVAI~,I) BID N(). FOR Tile ENiIC!,t(;ICNC;Y IV EI)I(YAI.. SEi,IVICICS I)!CI',XI,~'I'MI.2N'i. OB.IIC(;TIVIC: '1'o t~r~curc mcdiual cquilm3cnt in a c'¢~sl cll;ccIixu malnlur lhrcm~h lhc award arid u.,.;e or'term purchase order collit'acts CONSII)EIL\'i'ION: On l)uccn~bcr I. Department Still bid inxitaticm m~ticcs fifty-seven (57)medical ccluipnlcnl items On Deccmbur 23. IuuS bids x~ urn publicly tabu lal cd In evaluating lhc I~id~,. with lhe published sl~ccil]catiCms statYrcccmm~cnds axvurd t~l'lJlc bid t~n ~a linc-i~x-iit~c i~u~ ~ IJac I~xxc~l tc~pcm~ixc I~iclclc~ fbr each ilcm I1 is Ihz'thcr ruccmm~cndcct thul the ul~til'u I~id c~llL'rin~ ~f'uach rcsptmsivc bidder be acccptcd u~ SUL'~HIcJHI'V MJJ)J3IiUF~ lO J~C utili/cd i~l the cx cnl c~l' ljlk' inal~ilil> Ol'lhc lowest rcsptmsixc bicldc~ It~ lhnlish ccluilm~cnl a~ nccdcd In such u siluali~m, the ncxl lowest bidder x~tmld bc toniHoled and Ihcl l}~c ncxl it~xxcN1 bidder a~kl ~t~ on t~nlil nccdcd products ctmlcl Attached is [he list of thu rcc~mm~uncicd pr~nmr}, GR()~,V'!'I I :XI:\ NA(; 1'2M EN'I' I hi I'..\( "1: .Xcmc ' """' [ AGII~)A ITElil NO. FEB 2 3 1999 RECO~!.r%ii::NI)..Vi'I()N. Thai tt~c Board ol'('minl)('~mm~i.s.,,i~mcr> ~s,.,,drd Bid \~ 2RO(') to the vendors as recommended heroin fi,' the I')LII'Cjlas(20j' m~clical ~:quilm~cnl Emer~er~cy N'ledical .services Dcparlmenl REVIEXA/ED BY: ' ' ' , d_.~,4, Dat~' P~.H'chasin~ &: (.~cncra] Scr\'icc,, l)cpartlncilt RE\zlE\~,'ED B'~' ,, , .\ Dianc B F[~g. ('hid' " APPROVED BY' ..... ~_--. ~ _.. [)alc ~-/;L' ' ... i.co (}chs./Xdmimsl Sul>l~or't Serx ices EMERGENCY MEDICAL SERVICES BID # 98-2890 AWARD LIST ATTACHMENT A Promedix 5. LSP #233 Constant flow selector valve 12. Laerdal Head Bed II 14. Stair Chair 15. Adult traction splint 16. Child traction splint 55. Disp. penlights Safe _ty Supply Warehouse 51. Willson 2000 Hepa Respirator (all sizes) 52. Respirator wipes 56. Safety glasses Annstrong Medical 17. Reeves stretcher 22. Adult B/P cuff 23. Child B/P cuff 29. Laerdal DC power supply cord 48. Pediatric stethoscope 49. Broselow tape Advanced Medical 24. Large Adult B/P cuff 25. Adult stethoscope 34. Wire ladder splint 38. Ring cutter 40. Infant B/P cuff 45. Laryngoscope handle 46. Large oxygen cylinder wrench 47. Small oxygen cylinder wrench Aero/Medic Master 4. Laerdal Compact Suction, w/soft'pack, A/C adapter, charger & DC vehicle cable ~ 18. Stifneck Extncation Collars (all sizes), and carrying case 27. Aluminum Oxygen Tank w/toggle 32. IV Pressure infuser 33. Laryngoscope case 4t. Laerdal battery gel cell 57. Trauma bag, impervious RED or BLUE Southeastern Emergency Equipment 1. Oxygen regulator, CGA 540 fining, 1 DISS outlet, anodized aluminum w/engraving 2. Oxygen regulator, 1 DISS outlet, recessed flow knob, 1 barb, BLUE w/engraving 3. Oxygen regulator, no DISS outlets, recessed flow knob, GREEN w/engraving 6. Oxygen DISS male connector 1/8" NPT male 7. Male QC, 1/8" NPT male 8. Female QC, 1/8" NPT female 9. Ohio Diamond III QC oxygen 1/8" NPT male 11. Pro-Lite Backboard, no pins 13. KED 20. Scoop stretcher 31. Hooligan tool 36. EMT scissors 39. 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I:::: :::::ii ii ::::ii:: ::::i::iiEiil~.iL!iiiiii iiiiiiiii:iiiii!:iiEiEiii iiii LEi!iEi!ELEiE~.:::l~iiii EiiE!ii~iiii'~:LiEELi:!:Eit::Li~' ~ x = ~ X ~ = ,x ~ ~= X x X SEE LE :: :::. :: :: :::: F:: ::: ... :.~ :: :::: :: ~ ...-: ...-...... ~ E:-::E:i:K' ::::~: .:: ::: :,: ~ :: :. ;:~ ::L:K:E:K O ~ ~ :.:, ,,:: ::: :::: :::::::::::j::: :::::::: ::: :::: F::. :ZTZ :::: ~::: ::::::::::: ::::~ :::: :::: ::: ::::::::U::: :::: ::::: ::::E:::: ::::~:: ::: :::: :::: :.:::::'::~ :: :::~=:: :::::::::::: ::::.::::~::: .: :::::: ::::: ::: ]: ::::: :::::::.::: :: :::~::::: ::: .::,::::::::~.::: :::::::::::::::::::::::~-~ :.: :. ~:: :7~ :E: E:: :~: :K :~'E K' ::ZE ::~: :E:{ ::EKE E:~ ::: K: :K :::: :::: ::K :~: 7:E: :K K: ~:E: K: :K ::~: ::E: :~:E:]:~:: ~ .... . .... . .... . -..~........... ~..~ x - ~.~ ::.::Z..~.i.~:4: L.~:~.~:~:: ::.~ ~:~: ::zZ~::~::~:: ~::.::~::=s~:"~ :::~: ~:~: :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: :: ::::1::i:: :.: :.:. :: ::: .: ::. :.:1:.: ::. ::.: .~: .. :.: ::, :,-::-:. ::. :.: :.:..:::: :- :-:..::~ :-:~-:-: :.:..:.:,: :.: .:-:,:~ :::: ::: ::: :::: :::::::: :::: :::] ::: :::::::X: :::: :: :.:]:: ::::: ::z : ::: :::: ::: :::: :::: ::: ::: :::: .: :::::::: :::~ :::: ::: :::: ::: ::: ~::~: ....... · ...v . -, . . ... .I .-.. . . · ,~ . .-..... v ... ...-. · . .............. :-:: · '. .'.'..-...-' '-.~: :q::E::q::::E:E ::::E:E:K:K ~ - ,-- '~ ~A ITEM FEB 2 3 lggg APPROVAL AND EXECUTION FOR SATISFACTIONS OF CLAIM OF LIENS FOR WATER AND/OR SEWER SYSTEM IMPACT FEES OBJECTIVE: Recommendation that the Board acknowledges full payment and executes the Satisfactions of Claim of Liens. CONSIDERATIONS: The Board of County Commissioners of Collier County, Florida as the Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier County, Water/Sewer District of Collier County, Florida, recorded the Claim of Liens in the Office of the Clerk of the Circuit Court of Collier County, Florida. 1 ) Robert M. Schultz & Ruth Ann Matre securing the principal balance of $1960.00 plus accrued interest and penalties. 2) Anderson Development West Inc. a Florida Corporation securing the principal balance of $900.00 plus accrued interest and penalties. 3) Anderson Development West Inc. a Florida Corporation securing the principal balance of $1340.00 plus accrued interest and penalties. 4) Arthur Levine and Lisa Ann Schaffer securing the principal balance of $1340.00 plus accrued interest and penalties. 5) First Church of the Nazarene of Pompano Beach Inc. securing the principal balance of $2440.00 plus accrued interest and penalties. 6) Phillip A. Arena and Patricia D. Arena securing the principal balance of $1340.00 plus accrued interest and penalties. 7) Kennth K. Kersey securing the principal balance of $3350.00 plus accrued interest and penalties. 8) Louis Soriero securing the principal balance of $1340.00 plus accrued interest and penalties. 9) Ed's Electric Service, Inc. securing the principal balance of $2500.00 plus accrued-interest and penalties. 10) Michael David Holland securing the principal balance of $2500.00 plus accrued interest and penalties. 11) Rodney M. Stanley securing the principal balance of $1340.00 plus accrued interest and penalties. 12) Jean France securing the principal balance of $1340.00 plus accrued interest and penalties. 13) Norman T. Reinedsen and Lillian B. Reinedsen securing the principal balance of $1340.00 plus accrued interest and penalties. 14)James J. Gruszka and Mary M. Gruszka securing the principal balance of $1100.00 plus accrued interest and penalties. 15)Anderson Development West Inc. securing the principal balance Qf $1340.00 plus accrued interest and penalties. 16)Anderson Development securing the principal balance of $900.00 plus accrued interest and penalties. 17) Keith T. Dion and Jeannine M. Dion securing the principal balance of $1340.00 plus accrued interest and penalties. 18)Orval K. Hill and Elizabeth H. Hill securing the principal balance of $1340.00 plus accrued interest and penalties. 19) Morris Solow, securing the principal balance of $2500.00 plus accrued interest and penalties. Full payment and satisfaction of these liens have been made. The County Attorney's Office has reviewed and approved the Satisfactions of Claim Ii' "~A 'r FEB 2 3 1999 FISCAL IMPACT: Payment in full of these Claim of Liens increases the cash flow in the County's sewer impact fee fund by $28,590.00. (Account No. 413-263611-343560) This will also increase the County's Water impact fee fund by $2,700.00. (Account No.411-273511- 343360). The fiscal impact for recording the satisfactions of liens is approximately $126.00, which is to be charged to account No. 510-102020-649030, Department of Revenue. GROWTH MANAGEMENT: None RECOMMENDATION: Recommendation to acknowledge full payment and the satisfaction of these liens and to surrender the same canceled, and to direct the Clerk of the Circuit Court of Collier County to cancel the same of record. Authorize the Chairman to execute the Satisfactions of Claim Prepared by: Ga~Moro~c>~o, ReVenue Supe~isor Depa~ment of Revenue Reviewed Jo 'Yonkosky, 'rec~ Date: ~(~ D~ment ~enUe ~ Approved . FEB 1999 2 Pg .... ' EXECUTIVE SUMMARY REQUEST APPROVAL TO PURCHASE MAINTENANCE AND SOFTWARE SERVICES FOR THE 800 MHz RADIO SYSTEM FOR THREE YEARS UTILIZING TERMS AND CONDITIONS ESTABLISHED IN CONTRACT 94-2201. OBJECTIVE: Request approval to purchase maintenance and software services for the 800 MHz system for three years utilizing terms and conditions established in contract 94- 2201. CONSIDERATION: On October 26, 1994 the Board of County Commissioners approved contract 94-2201 with Ericsson Inc. for the purchase and implementation of an 800 MHz trunked radio system. Contract 94-2201 provided for a two-years of equipment warranty and software support on all products purchased with contract dollars. The warranty period commenced upon radio system acceptance in July 1997. Contract 94- 2201 includes an option to continue the terms and conditions for maintenance and software services following the two-year warranty period. These terms and conditions establish per-unit maintenance costs for all components of the radio system infrastructure along with per-unit maintenance costs for end user equipment; such as mobile, portable and base station radios. Staff is proposing to continue the terms and conditions in contract 94-2201 to provide maintenance and software services for the 800 MHz radio system and equipment for three years following the expiration of the two-year warranty period in July 1999. Further, many departments have purchased end user equipment post contract. This equipment is not covered under the two-year warranty period. Continuation of the maintenance terms and conditions will allow departments to purchase maintenance services immediately for this equipment. FISCAL IMPACT: The average annual maintenance cost for the radio system infrastructure is $300,000. Infrastructure maintenance is funded from Fund 188, the $12.50 allocation from each moving traffic violation ticket. The average annual cost for end user equipment maintenance is $66,000. Funds for end user equipment maintenance are allocated in individual department budgets. The FY 99 department budgets and Fund 188 budget included appropriation of funds for maintenance services. Attachments A and B provide a detailed breakdown of maintenance costs. These maintenance costs do not include independent agencies participating in the radio system. These agencies will be able to obtain maintenance services utilizing the costs established in contract 94-2201. F E B 2 3 .. 1999 F'O .~ ~'3If GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners authorize staff to purchase maintenance and software services for the 800 MHz radio system utilizing the terms and conditions established in Contract 94-2201. SUBMITTED BY: ~ ,~:2d__- Date: ; John Dal~,Radio Communications Manager REVIEWED BY: ~~~ Date: William Coakley, Irfformation Technology Director ATTACHMENT A RADIO SYSTEM INFRASTRUCTURE MAINTENANCE FUND 188 MAINTENNACE TOTALS JULY 1999 / JULY 2000 / JULY 2~I/ SYSTEM COMPONENT QTY UNIT MONTHLY JULY 2000 JULY 2001 JULY2002 COST TOTAL HARDWARE* TRUNKED REPEATERS 77 200.00 ! 5,400.00 184,800.00 ! 94,040.00 205,682.40 CONVENTIONAL REPEATERS i 6 150.00 2,400.00 28,800.00 30,240.00 32,054.40 SITE CONTROLLERS 5 250.00 1,250.00 15,000.00 15,750.00 16,695.00 TEST/ALARM SYSTEM 5 100.00 500.00 6,000.00 6,300.00 6,678.00 SYSTEM MANAGER COMPUTER I 400.00 400.00 4,800.00 5,040.00 5,342.40 VOTING SYSTEM - PER CHANNEL 15 50.00 750.00 9,000.00 9,450.00 10,017.00 SIMULCAST SITES 4 100.00 400.00 4,800.00 5,040.00 5,342.40 C-3 CONSOLES 7 150.00 1,050.00 12,600.00 13,230.00 14,023.80 MICROWAVE HOPS 18 125.00 2,250.00 27,000.00 28,350.00 30,051.00 CONSOLE BACK UP RADIOS 7 8.00 56.00 672.00 705.60 747.94 SOFTWARE SOFTWARE SERVICES - 3 YEARS** 143,000.00 (incl) (incl) SYSTEM TOTAL 436,472.00 308,145.60 326,634.34 * Infrastructure maintenance is 7 days a week, 24 hours a day ** Original contract price $212.000 negotiated reduced pricing of $143,000 - includes bi-annual system software upgrades and software assistance as needed FEB 2 3 1999 Pg. ~.~ ATTACHMENT B DIVISIQN SPECIFIC MAINTENANCE UNIT MONTHLY MAINTENNACE TOTALS JULY 1999 / JULY 2000 / JULY 2001 / DIVISION QTY COST TOTAL JULY 2000 JULY 2001 JULY 2002 DEVELOPMENT SERVICES MOBILE RADIO 55 7.00 385.00 4,620.00 4,851.00 5,142.06 PORTABLE RADIO 57 7.00 399.00 4,788.00 5,027.40 5,329.04 BASE STATION 4 20.00 80.00 960.00 1,008.00 1,068.48 DIVISION TOTAL 10,368.00 10,886.40 11,539.58 PUBLIC SERVICES MOBILE RADIO 38 7.00 266.00 3,192.00 3,351.60 3,552.70 PORTABLE RADIO 30 7.00 210.00 2,520.00 2,646.00 2,804.76 BASE STATION 7 20.00 140.00 1,680.00 1,764.00 1,869.84 DIVISION TOTAL 7,392.00 7,761.60 8,227.30 PUBLIC WORKS MOBILE RADIO 147 7.00 1,029.00 12,348.00 12,965.40 13,743.32 PORTABLE RADIO 49 7.00 343.00 4,116.00 4,321.80 4,581.11 BASE STATION 15 20.00 300.00 3,600.00 3,780.00 4,006.80 DIVISION TOTAL 20,064.00 21,067.20 22,331.23 SUPPORT SERVICES MOBILE RADIO 23 7.00 161.00 1,932.00 2,028.60 2,150.32 PORTABLE RADIO 65 7.00 455.00 5,460.00 5,733.00 6,076.98 BASE STATION 11 20.00 220.00 2,640.00 2,772.00 2,938.32 DIVISION TOTAL 10,032.00 10,533.60 11,165.62 EMS MOBILE RADIO 59 9.50 560.50 6,726.00 7,062.30 7,486.04 PORTABLE RADIO 37 8.00 296.00 3,552.00 3,729.60 3,953.38 BASE STATION 6 20.50 123.00 1,476.00 1,549.80 1,642.79 DIVISION TOTAL 11,754.00 12,341.70 13,082.20 OC!tOPEE FIRE MOBILE RADIO 10 9.50 95.00 1,140.00 1,197.00 1,268.82 PORTABLE RADIO 11 8.00 88.00 1,056.00 1,108.80 1,175.33 BASE STATION 2 20.50 41.00 492.00 516.60 547.60 DIVISION TOTAL 2,688.00 2,822.40 2,991.74 ISLE OF CAPRI FIRE MOBILE RADIO 5 9.50 47.50 570.00 598.50 634.41 PORTABLE RADIO 6 8.00 48.00 576.00 604.80 641.09 BASE STATION 1 20.50 20.50 246.00 258.30 273.80 DIVISION TOTAL 1,392.00 1,461.60 1,549.30 USER EQUIP TOTAL 63,690.00 66,874.50 _'701886.97 .. , FEB 2 3 1999 EXECUTIVE SUMMARY RENEWAL AND APPROVAL OF PRE-QUALIFIED LIST OF APPRAISERS AND APPRAISAL FIRMS FOR REAL ESTATE APPRAISAL AND VALUATION SERVICES. OBJECTIVE: To approve for County use a number of appraisers and appraisal fkrms which have been pre-qualified by staff through a review of their qualifications, their appraisal reports, and through a review of references and clients. CONSIDERATION: Real estate appraisers are frequently needed by Collier County to estimate the compensation due to property owners as a result of the necessary acquisition of their properties (or portions thereof) for the construction of public improvement projects such as roads, canals, parks, utility facilities, etc. Real estate appraisers may also be needed by the County to appraise the value of County- owned property which is being contemplated for sale or lease. Assignments can range from simple one- dimensional appraisals using only the comparable sales approach, to complex before-and-after appraisal problems involving severance damages and estimates of curative costs, where only a portion of an improved property is being acquired by the County. The purpose of pre-qualifying and approving a list of real estate appraisers is to reduce the time and expense associated with the solicitation of bids for each appraisal assignment while still securing the highest quality services available. Each time appraisal services are required by Collier County, all of the appraisers and/or appraisal fm'ns from the approved list, and only those appraisers, are invited to submit proposals for service fees and time of delivery. Since implemented in 1987, this process has promoted competition, and has ensured that Collier County secures high quality services at reasonable prices. Through a review of sample appraisal reports and various qualifications statements submitted in response to RFP No. 95-2338, a selection committee appointed by the County Administrator developed a list of appraisers for approval by the Board of County Commissioners. The list is comprised of State Certified General Real Estate Appraisers who have demonstrated through training and experience a high level of competence in the field of eminent domain appraisal, a very specialized branch of the appraisal profession, and other State Certified General Real Estate Appraisers whose services may be required when condemnation will not be necessary. The level of competence of those respondents placed on the eminent domain list was determined by the selection committee through a combination of past experiences with the appraisers, and through extensive follow-up with past clients and others listed as references by the applicants. Investment managers, review appraisers, right-of-way agents, real estate department managers, attorneys and others were interviewed. FEB 2 3 1999 While all of the appraisers on both lists are State Certified General real estate appraisers, it is the intent of the Real Property Management Department to utilize appraisers from the Eminent Domain List whenever public works projects require the partial taking of an owner's property, or whenever the possibility exists that a property will have to be acquired through condemnation. These lists may be expanded from time to time by subsequent Board approval of the addition of other appraisers who make proper application for a review of their qualifications. The current Board-approved appraiser lists will expire on April 10, 1999. The Real Property Management Department is recommending renewal of the firms named on the attached lists for a one year term (from April 6, 1999 through April 10, 2000). FISCAL IMPACT: Appraisal fees are paid from capital improvement project budgets. During fiscal year 1997 / 98 a total of $235,677 in appraisal fees were paid to a total of four appraisal firms. It is anticipated that appraisal related expenditures in support of the Capital Improvement Element of the Growth Management Plan for the 98/99 fiscal year will approximate those of the 97/98 fiscal year. The exact amount per project, however, cannot be pre-determined due to the fact that we cannot predict which property owners will settle before condemnation is required. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida, renew as "approved appraisers" those appraisers and/or appraisal firms named on the Collier County Approved Appraiser Lists for Standard Appraisal Services and Eminent Domain Appraisal Services. PREPARED BY: ~,,'/.~-~_,//,"' DATE: ,2 "~ -- q' c] /'fiation Coord'ito~~ REVIEWED BY: ~""~~ 3 ,=-..-:,_~, DATE: 7_- '~ - '~ ct Sandra Taylor, Real Property Manag~ Director REVIEWED BY:~:_;_,~ //'?~, FFiL~,,) c~4 J ~/(-~ DATE: ~- ~ - ? ~: Steve Carnell, Purcha~in~ Dir~tOr' Leo E. Ochs, Jr., s Administrator FEB 2 3 1999 COLLIER COUNTY APPROVED APPRAISER LIST (EFFECTIVE APRIL 6, 1999) STATE CERTIFIED GENERAL REAL ESTATE APPRAISERS Accredited Appraisers Appraisal Research Corp. 1601 Marion Avenue, Suite 203 4306 Arnold Avenue Punta Gorda, FL 33950 Naples, Florida 34104 PHONE: 941-637-5890 PHONE 941-643-6888 FAX 941-575-8657 FAX 941-643-6871 Environmental Science and Engineering GM Phillips and Company 5840 West Cypress Street, Suite A 825 South Tamiami Trail, Suite 1 Tampa, Florida 33607 Venice, Florida 34285 PHONE 813-287-2755 PHONE 941-484-3569 FAX 813-287-2722 FAX 941-484-5497 Hewitt, Olson and Associates Stewart, Stephan and Bowen, Inc. 439 Northeast 7th Avenue 1919 Courtney Drive, Suite 9 Fort Lauderdale, Florida 33301-1207 Fort Myers, Florida 33901 P HO N E 954-764-5007 P H ON E 941-936-4041 FAX 954-779-3137 FAX 941-936-3141 STATE CERTIFIED GENERAL EMINENT DOMAIN REAL ESTATE APPRAISERS Douglas J. Dane, MAI Ernie Carroll and Raymond Carroll, MAI Coastal Appraisal Services Carroll &Carroll Real Estate Appraisers 3106 S. Horseshoe Drive 2500 Airport Road South, Suite 206 Naples, Florida 34104 Naples, Florida 34112 PHONE 941-643-2324 PHONE 941-775-1147 FAX 941-643-1143 FAX 941-775-2154 Joseph F. Miller, ASA Kenneth R. Devos, MAI Real Property Analysts, Inc. 6309 Corporate Court, Suite 208 1000 South Federal Highway, Suite 202 Fort Myers, Florida 33919 PHONE 954-420-5200 PHONE 941-437-2245 FAX 954-420-5388 FAX 941-437-2250 Sewell, Valentich, Tillis and Assoc. Victor J. Scodius, ASA 766 Hudson Avenue, Suite A American Acquisition Group Sarasota, Florida 34236 5600 West Mariner Street, Suite 220 PHONE 941-365-5111 Tampa, Florida 33609 FAX 941-365-3781 PHONE 813-287-8191 FAX 813-287-8272 Paul Roper, MAI Woodward S. Hanson, MAI Clayton, Roper and Marshall Hanson Appraisal Company 427 North Magnolia Avenue 2233 Second Street Orlando, FL 32801-1524 Fort Myers, Florida 33901 PHONE 407-423-0111 PHONE 941-334-4430 FAX 407-049-8545 FAX 941-334-0403 R. Alan Wilcox, MAI Wilcox Appraisal Services, Inc. 643 East Gape Goral Parkway, Suite C Gape Ooral, Florida 33904 PHONE 941-542-2311 :" ,.~N~,A ~ EN FAX 941-542-8565 .o. _. / 4,' ~ F E B 2 3 1999 A RESOLUTION APPROVING THE SATISFACTION OF LIENS FOR CERTAIN RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1991 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS OBJECTIVE: That the Board of County Commissioners adopt a Resolution approving the Satisfaction of Liens for certain residential accounts where the County has received payment in full for the 1991 Solid Waste Collection and Disposal Services Special Assessments. CONSIDERATIONS: Resolution No. 93-29 adopted by the Board on January 26, 1993 provided for the recording of the list of 1991 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 93-29 was recorded on February 1, 1993 in Official Record Book 1793, Pages 459 through 598 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1991 Solid Waste Collection and Disposal Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Liens shall be approved by Resolution of the Board of County Commissioners. The attached Resolution lists the 6 accounts that have paid in full for the 1991 Solid Waste Collection and Disposal Services Special Assessment Liens. FISCAL IMPACT: The fiscal impact for recording the Satisfaction of Liens and the Resolution is approximately $45.50 which is to be charged to Account No. 510-102030-649030. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That that Board of County Commissioners adopt the attached Resolution approving the 6 Satisfaction of Liens for the account listed in the Resolution and authorizing the Chairwoman to sign the Satisfaction of Liens for the 1991 Solid Waste Collection and Disposal Services Special Assessment Liens. Pam Callis Revenue'Supervisor Depart nt of ReVenue Reviewed by: ..~ ~r g~'-~'/"'~ Date: ~y? "/'/"' ~,,,,~' Teresa A. Riesen, Revenue Manager J ' .'Yonkosk~..J2ir~ctor D' a ment of Revenue :pc FEB 2 3 1999 2 RESOLUTION NO. 99 - 4 5 ? A RESOLUTION APPROVING SATISFACTION OF LIENS 8 FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1991 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS 12 WHEREAS. pursuant to Collier County Ordinance No. 90-30, as amended, the Board 13 of County Commissioners on January 26, 1993 adopted Resolution No. 93-29 authorizing 14 the recording of notices of liens for the delinquent solid waste collection and disposal 15 services special assessments for 1991; and 16 WHEREAS, Resolution No. 93-29, was recorded on February 1, 1993 in Official 17 Record Book 1793, Pages 459 through 598 of the Official Records of Collier County, 18 Florida, which placed a lien on certain properties for the delinquent solid waste collection 19 and disposal services special assessments for 1991; and --. 20 WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to 2] approve by Resolution and record in the Official Records a Satisfaction of Lien on all 22 accounts that have been paid in full. 23 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 24 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County 25 Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the 26 1991 Service Year Solid Waste Collection and Disposal Special Assessment for the 27 following accounts numbered below, subsequent to the adoption of Resolution No. 93-29, 2s whereupon a lien had been recorded on real property pertaining to the accounts identified 29 herein. The Satisfactions of Lien attached hereto referencing the accounts identified 30 herein are hereby approved and the Chairwoman is hereby authorized to sign on behalf of 3t the Board of County Commissioners, and the Clerk is directed to record this Resolution 32 and these Satisfactions of Lien individually in the official records of Collier County: 33 34 Account No. 5157 35 Account No. 19208 36 Account No. 35952 37 Account No. 66303 3s Account No. 91158 39 Account No. 97204 ""' 40 F E B 2 3 1999 pgo 2 This Resolution adopted this __ day of ,1999 after motion, 3 4 second and majority vote. 5 6 ? ATTEST: BOARD OF COUNTY COMMISSIONERS 8 DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA 9 lo BY: ll PAMELA S. MAC'KIE, CHAIRWOMAN ]2 13 Approved as to form and 14 legal sufficiency: 15 / County Attorney 19 FEB 2 3 1999 A RESOLUTION APPROVING THE SATISFACTION OF LIENS FOR CERTAIN RESIDENTIAL ~--~ ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1992 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS OBJECTIVE: That the Board of County Commissioners adopt a Resolution approving the Satisfaction of Liens for certain residential accounts where the County has received payment in full for the 1992 Solid Waste Collection and Disposal Services Special Assessments. CONSIDERATIONS: Resolution No. 94-668 adopted by the Board on September 13, 1994 provided for the recording of the list of 1992 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 94-668 was recorded on September 19, 1994 in Official Record Book 1986, Pages 766 through 942 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1992 Solid Waste Collection and Disposal Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Liens shall be approved by Resolution of the Board of County Commissioners. The attached Resolution lists the 27 accounts that have paid in full for the 1992 Solid Waste Collection and Disposal Services Special Assessment Liens. FISCAL IMPACT: The fiscal impact for recording the Satisfaction of Liens and the Resolution is approximately $172.50 which is to be charged to Account No. 510-102030-649030. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That that Board of County Commissioners adopt the attached Resolution approving the 27 Satisfaction of Liens on the accounts listed in the Resolution and authorizing the Chairwoman to sign the 27 Satisfaction of Liens for the 1992 Solid Waste Collection and Disposal Services Special Assessment Liens. Pare G~llis, Revenue Supervisor ' Prepared by: / ' ~ .~,~ ~ Date: ~//~ Tere~a~A. Riesen, Revenue Manager Depa~ment of Revenue Jo A. Yonko's~irecto~ Date: De~ment o~Venue/ .~ Approved bY: o~s, Jr:, 'A~jor Date: Suppo~ Servi :pc ~es , . FEB 2 3 999 Pg. / 5 A RESOLUTION APPROVING SATISFACTION OF LIENS 6 FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE ? 1992 SOLID WASTE COLLECTION AND DISPOSAL SERVICES s SPECIAL ASSESSMENTS 9 i0 ]l WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the 12 Board of County Commissioners on September 19, 1994 adopted Resolution NO. ~3 94-668 authorizing the recording of notices of liens for the delinquent solid waste ]4 collection and disposal services special assessments for 1992; and ~5 WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board ~6 to approve by Resolution and record in the Official Records a Satisfaction of Lien on ~9 all accounts that have been paid in full. ]8 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ]9 COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as 20 amended, the Board recognizes full paVment and receipt of the 1992 Service Year 21 Solid Waste Collection and Disposal Special Assessment for the following accounts 22 numbered below, subsequent to the adoption of Resolution No. 94-668, whereupon 23 a lien had been recorded on real property pertaining to the accounts identified 24 herein. The Satisfactions of Lien attached hereto referencing the accounts 25 identified herein are hereby approved and the Chairwoman is hereby authorized to 26 sign on behalf of the Board of County Commissioners, and the Clerk is directed to 27 record this Resolution and these Satisfactions of Lien individually in the official 28 records of Collier County: 29 30 Account No. 7508 3~ ACcOUnt NO. 17307 32 Account NO. 22004 33 Account No. 30106 34 Account NO. 40604 3s Account No. 44600 36 Account No, 48059 37 Account NO. 49207 38 Account No. 66358 39 Account No. 66604 40 Account NO. 76157 4~ Account No. 86354 42 Account No. 87706 43 Account NO. 98151 44 Account NO. 98452 45 Account No. 101404 46 Account NO. 105905 47 Account No. 116800 --- 48 Account No. 118251 49 Account No. 127954 50 Account No. 130006 I FpEg~ 2~ 1999 Account No. 138406 Account No. 141804 3 Account NO. 141859 4 AccOunt NO. 152880 5 Account No. 2105 Account No. 27106 ? 8 lo 12 13 14 15 16 ~s This Resolution adopted this __ day of , 1999 after motion, ]9 second and majoritV vote. 20 2] 22 ATTEST: BOARD OF COUNTY COMMISSIONERS 23 DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA 24 25 26 BY: 27 PAMELA S. MAC'KIE, CHAIRWOMAN 28 29 30 Approved as to form and legal sufficiency: 32 33 3~6~ County Attorney 37 FEB 2 3 1999 A RESOLUTION APPROVING THE SATISFACTION OF LIENS FOR CERTAIN RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1993 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS OBJECTIVE: That the Board of County Commissioners adopt a Resolution approving the Satisfaction of Liens for certain residential accounts where the County has received payment in full for the 1993 Solid Waste Collection and Disposal Services Special Assessments. CONSIDERATIONS: Resolution No. 94-694 adopted by the Board on September 20, 1994 provided for the recording of the list of 1993 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 94-694 was recorded on September 22, 1994 in Official Record Book 1987, Pages 1514 through 1749 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1993 Solid Waste Collection and Disposal Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Liens shall be approved by Resolution of the Board of County Commissioners. The attached Resolution lists the 26 accounts that have paid in full for the 1993 Solid Waste Collection and Disposal Services Special Assessment Liens, FISCAL IMPACT: The fiscal impact for recording the Satisfaction of Liens and the Resolution is approximately $166.50 which is to be charged to Account No. 510-102030-649030. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That that Board of County Commissioners adopt the attached Resolution approving the 26 Satisfaction of Lien for the account listed in the Resolution and authorizing the Chairwoman to sign the 26 Satisfaction of Lien for the 1993 Solid Waste Collection and Disposal Services Special Assessment Liens. Pam Calli , Revenue Supervisor ~r~sa ~ Riesen, Revenu~ Manager Date: Depa~ment of Revenue Reviewed by: ...... . Approved by: .... ~~ Date: Leo Ochs, Jr., A min' Suppo~ Se~ic ] RESOLUTION NO. 99- 2 3 4 A RESOLUTION APPROVING SATISFACTION OF LIENS 5 FOR CERTAIN ACCOUNT THAT HAVE PAID IN FULL 6 THE 1993 SOLID WASTE COLLECTION AND DISPOSAL ? SERVICES SPECIAL ASSESSMENTS 8 9 ]0 WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended. the Board of 12 County Commissioners on September 20, 1994 adopted Resolution No. 94-694 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special 14 assessments for 1993; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Lien on all accounts that 17 have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS 19 OF COLLIER COUNTY, FLORIDA. that pursuant to Collier County Ordinance No. 90-30, as 20 amended, the Board recognizes full payment and receipt of the 1993 Service Year Solid Waste Collection and Disposal Special Assessment for the following accounts numbered below. 22 subsequent to the adoption of Resolution No. 94-694, whereupon a lien had been recorded on real 23 property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto 24 referencing the accounts identified herein are hereby approved and the Chairwoman is hereby 25 authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to 26 record this Resolution and these Satisfactions of Lien individually in the official records of Collier 27 County: 28 29 Account No. 39 30 Account No. 1355 3] Account No. 3667 32 Account No. 5571 33 Account No. 5720 34 Account No. 6729 35 Account No. 9739 36 Account No. 10935 37 Account No. 11044 38 Account No. 11581 39 Account No. 13741 40 Account No. 15794 4] Account No. 19680 42 Account No. 21160 43 Account No. 22512 44 Account No. 23278 45 Account No. 23553 46 Account No. 25661 47 Account No. 26725 48 Account No. 27229 49 Account No. 27986 5o Account No. 28972 5] Account No. 306144 52 Account No. 3311 53 Account No. 4307 54 Account No. 4844 -- F E B 2 3 1999 5 This Resolution adopted this day of ,1999 after motion, second and 6 majority vote. 7 8 A'I'I'EST: BOARD OF COUNTY COMMISSIONERS 9 DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA 10 11 BY: 12 PAMELA S. MAC'KIE, CHAIRWOMAN 13 14 15 Approved as to form and 2~ AUTHORIZATION TO EXECUTE SATISFACTION OF LIENS FOR CERTAIN RESIDENTIAL ""' ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS OBJECTIVE: That the Board of County Commissioners adopt a Resolution approving the Satisfaction of Liens for certain residential accounts where the County has received payment in full for the 1994 Solid Waste Collection and Disposal Services Special Assessments. CONSIDERATIONS: Resolution No. 95-475 adopted by the Board on August 22, 1995 provided for the recording of the list of 1994 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 95-475 was recorded on September 14, 1995 in Official Record Book 2099, Pages 1338 through 1574 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1994 Solid Waste Collection and Disposal Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Liens shall be approved by Resolution of the Board of County Commissioners. The attached Resolution lists the 44 accounts that have paid in full for the 1994 Solid Waste Collection and Disposal Services Special Assessment Liens. FISCAL IMPACT: The fiscal impact for recording the Satisfactions of Liens and the Resolution is approximately $274.50 which is to be charged to Account No. 510-102030-649030. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That that Board of County Commissioners adopt the attached Resolution approving the 44 Satisfaction of Liens for the account listed in the Resolution and authorizing the Chairwoman to sign the 44 Satisfaction of Liens for the 1994 Solid Waste Collection and Disposal Services Special Assessment Liens. Pam Calli evenu~Supervisor Reviewed by: Date: ,2 -//~' z,~ Te(es~ A. Riesen, Revenue Manager ' Department of Revenue -o' .) , Leo Ochs Jr Adm~t~ tor ~ Supp~on ~'e~'i'ces Di x RESOLUTION NO. 99- 2 3 4 5 A RESOLUTION APPROVING SATISFACTION OF LIENS 6 FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE ? 1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES 8 SPECIAL ASSESSMENTS. ]0 ]1 12 WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on August 22. 1995 adopted Resolution No. 95-475 authorizing the 14 recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1994; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Lien on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS 20 OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the 1994 Service Year Solid Waste 22 Collection and Disposal Special Assessment for the following accounts numbered below, 23 subsequent to the adoption of Resolution No. 95-475, whereupon a lien had been recorded on real 24 property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto 25 referencing the accounts identified herein are hereby approved and the Chairwoman is hereby 26 authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to 27 record this Resolution and these Satisfactions of Lien individually in the official records of Collier 28 County: 29 30 Account No. 39 31 Account No. 2943 32 Account No. 5238 33 Account No. 5487 34 Account No. 6758 35 Account No. 8280 36 Account No. 8594 37 Account No. 10786 38 Account No. 11277 39 Account No. 11730 40 Account No. 12412 41 Account No. 13152 42 Account No. 13165 43 Account No. 14313 44 Account No. 14766 45 Account No. 14915 46 Account No. 15383 47 Account No. 18403 48 Account No. 18458 49 Account No. 19486 50 Account No. 20077 51 Account No. 20116 FEB 2 3 1999 ] Account No. 20776 2 Account No. 22143 " 3 Account No. 22567 4 Account No. 23155 5 Account No. 23388 6 Account No. 23582 ? Account No. 23650 8 Account No. 23799 9 Account No. 23812 ]0 Account No, 24138 11 Account No. 24248 12 Account No. 25564 13 Account No. 25713 14 Account No. 26437 15 . Account No. 26754 16 Account No. 28600 17 Account No. 39 18 Account No. 482 t9 Account No. 3269 20 Account No. 4048 21 Account No. 4239 22 Account No. 6839 23 24 25 26 This Resolution adopted this day of , 1999 after motion, second and 27 majority vote. 28 30 ATFEST: BOARD OF COUNTY COMMISSIONERS 31 DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA 32 33 34 BY: 35 PAMELA S. MAC'KIE, CHAIRWOMAN 36 37 Approved as to form and 38 legal sufficiency: 40 ~ ey 43 AGEN~ ITEM/ FEB 2 3 i999 EXECUTIVE SUMMARY APPROVAL AND EXECUTION OF THE NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF SEWER SYSTEM IMPACT FEES OBJECTIVE: Recommendation to approve and execute the Notice of Promise to Pay and Agreement to Extend Payment of Sewer System Impact Fees between Winterview Court LDT a Florida Limited Partnership and the Board of County Commissioners of Collier County, Florida, as the Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier County Water-Sewer District. CONSIDERATIONS: The Board of County Commissioners at their April 16, 1991 meeting authorized the Utilities Division to work with any persons wishing to enter into an agreement to extend payment of either water and/or sewer system impact fees, and to bring any such agreements to the Board of County Commissioners for their consideration if the amount exceeds $6,000.00. Winterview Court LTD a Florida Limited Partnership, owning and operating commercial property, contacted the Revenue Services Department regarding extending payment of the sewer impact fees imposed upon them upon connection into the County's regional sewer system, said impact fee totals $10,870.00. The owners have executed a Notice of Promise to Pay and Agreement to Extend Payment of Sewer System Impact Fees in accordance with Board direction at their April 16, 1991, meeting. In addition, the owners have deposited $85.18 to cover state document stamps and recording fees associated with providing extended payment. The County Attorney's office has reviewed and approved the Agreement. FISCAL IMPACT: Entering into this Agreement will defer payment of the impact fee over a seven (7) year period at an interest rate currently at 5.52 percent. GROWTH MANAGEMENT IMPACT: Collier County Ordinance No. 90-87 established the Board's policy that improvements and additions to the Regional Sewer System required to accommodate future connections or demand by Sewer System Impact Development shall be funded entirely by the revenue derived from the Sewer System Impact Fee. Therefore, new users should pay their fair share of costs of the system. At this time it is not expected that the diminished funds in the Sewer Impact Fee Trust account resulting from this agreement will inhibit the County's growth management or concurrency obligations. FEB 2 3 1999 Page 2 Executive Summary RECOMMENDATION: Recommendation to approve and execute the Notice of Promise to Pay and Agreement to Extend Payment of Sewer System Impact Fee between Winterview Court LTD a Florida Limited Partnership, and the Board of County Commissioners of Collier County, Florida, as the Governing Body of the Collier County Water-Sewer District. Authorize Chairman to execute the Notice of Promise to Pay and Agreement to Extend Payment of Sewer System Impact Fee. Agenda Date: February 23, 1999 Reviewed Jo n Yonk~k~sk~%,'Dir, ecfd~ Date Services Leo Ochs Jr Ad FEB 2 3 1999 po. ,_; ,1014 This instrument prepared by:! Office of the County Attorney 3301 E. Tamtaint Trail Naples, Florida 33962 (813)774-8400 NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEES This Agreement made and entered into this26day of_a.~nuary _ , 19 ~9_, by Winterview Court LTD Whosemailing address is 4173 Domestic Ave. a Florida Limited Partnership Naples, F1. 34 104 (hereinafter "Owner") and the Board of County Commissioners of Collier County, Florida acting as the Governing Body of Collier County and the Ex-Officio the Governing Board of the Collier County Water-Sewer District (hereinafter "County"). RECITALS: A. The parties to this Agreement adopt and incorporate into this Agreement by reference the Collier County Regional Water and/or Sewer System Impact Fee Ordinances in there entirety, same being more particularly described as Collier County Ordinance No. 90-86 and No. 90-87, including any amendments thereto, and/or its successor in function. B. Owner represents and warrants to the County that he is the record fee~ttitle owner of certain lands situated within the Collier County Water-Sewer District (hereinafter "Property"), which have thereon existing Build- ings, structures and/or other improvements, and which are mandated to codheel to the Regional water and/or sewer system, said Property more particularly described below: See Exhibit A C. Owner represents and warrants to the County that the party or parties identified herein as Owner constitute all persons or entities who are the record owners of the Property. of Water ,.~or Sewer System Impact Fees (hereinafter "Impact Fees") by the County. ~~ 'j ~ / ~ [ 2 19 9 5123196-2 ,_o ,1014 WITNESSETH: NOW THEREFORE in consideration of the above Recitals, the covenants exchanged herein, the County's provision of certain regional utilities service to the Property, the County's consent to allow the extended payment of the Impact Fees in installments over time, the Owner's promise to pay the Impact Fees and all costs associated therewith and other good and valuable consideration exchanged amongst the parties, the parties agree and covenant with each other as follows: 1. The above Recitals are true and correct and are incorporated herein. 2. Owner will pay the subject Impact Fees to the County, together with any title verification expenses, recording fees, and any reasonable estimation of the cost and expense associated with providing an extended payment alternative itemized as follows: Water Impact Fee ................................................ $ Sewer Impact Fee ................................................ $ 1 t~; 7~n. flf~ Accrued Interest on Lien ...................................... $ Title Verification Expenses ................................... $ %f~_ nn Transactional Fees, (recording fees, documentary stamps, etc.) ................................. $ 85.15 · Extraordinary Administrative Expense associated with providing extended payment alternative ............................................ $ 1 c10 _ 00 · TOTAL DOLLAR AMOUNT FINANCED .......... $ ~ n: aTn _nn 3. In return for the extended payment alternative that Owner has received, Owner promises to pay to the order of the County the principal sum reflected in Paragraph 2 above as the TOTAL DOLLAR AMOUNT FINANCED with interest on the unpaid principal balance from the beginning of the second full month following the date of this Agreement. The fnterest charged shall be adjusted during January of any calendar year and shall be based on the County's cost of funds for the immediately proceeding fiscal year. 4. Owner covenants to make monthly payments at any address or location designated by the County beginning with the second full month following the date of this Agreement in the amount of $ 155.79 and a like amount payable each and every month thereafter over a seven (7) year period, the end of which shall be the maturity date. 5. On the maturity date, A FINAL BALLOON PAYMENT consisting of any remaining principal balance, accrued interest and other charges shall be due and payable. 6. If the County, in its sole discretion, determines that the monthly installments on the extended Impact Fees should appear on the Owner's water and/or sewer bill, Owner will make full and timely payment of the entire utilities bill including any extended Impact Fees installments. Owner covenants not to attempt to partition the bill or pay either the utilities' portion without paying the Impact Fees portion or vice-versa. 7. All payments under this Agreement shall be applied first to interest, then to any other unpaid charges that may be imposed by or appear on the Owner's utility bill, then to any other charges that may be imposed under this Agreement, with the remainder applied as a reduction of the remaining principal balance under this Agreement. Owner may pay the entire unpaid principal balance and any accrued interest or other charges at any time without penalty. If Owner makes a partial payment of principal, there will be no delay in the due date of any subsequent payment due from Owner. 8. Owner covenants that Owner is lawfully seized of the Property and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Owner warrants and will defend generally the title of the Property against all claims and demands subject~~ "k~ T e.c.mbra.ces of record. / /_ .lq14 10. Owner covenants to pay all property taxes, including all non-advalorem assessments, assessments, charges, fines and other impositions attributable to the Property which may in any way attain priority over the County's lien against the Property resulting from providing an opportunity for extended payment of the subject Impact Fees. Owner shall promptly discharge any lien which has priority over the lien evidenced and contemplated by this Agreement unless Owner: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to County; (b) contests in good faith the lien by, or defense againgt enforcement of the lien in, legal proceedings which in the County Attorney's opinion operates to prevent enforcement of the lien or forfeiture of any part of the Property; or (c) secures from the holder of the lien an agreement satisfactory to County subordinating the lien to the interest of the County in obtaining full payment of the subject Impact Fees. If County determines that any part of the Property is subject to a lien which may attain priority over the County's rights to full payment of the Impact Fees, County may give Owner a notice identifying the lien and Owner shall satisfy the lien or take one or more of the actions set forth above with in ten (10) days of the giving of notice. 11.The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to the County. 12. If the existing Buildings, structures and applicable improvements on the subject property consist of a mobile home park or rental housing, Owner covenants and agrees, for the benefit of all affected occupants, to pass through and on the same terms all the benefits of any extended payment of these Impact Fees to the affected occupants. 13. Owner will be in default under this Agreement if Owner fails to make any payment exactly on time, if Owner files a petition of any kind in Bankruptcy Court, or if Owner should be in default under any of the agreements, terms or covenant in this Agreement. If Owner is in default, the County may declare the entire unpaid balance under this Agreement and accrued interest thereon to be due immediately without any advance notice. The County shall not waive its right to accelerate the payment if it fails to exercise its right for any past defaults. If the County requires Owner to pay the principal balance and the accrued interest immediately in full as described above, the County will have the right to be paid back for all of its costs and expenses in enforcing this Agreement to the extent permitted by applicable law. Those expenses include, for example, reasonable attorney's fees and costs, including any attorney's fees or costs awarded by the Appellate Court. 14. Owner acknowledges and agrees that the TOTAL DOLLAR AMOUNT OF IMPACT FEES reflected in Paragraph 2 is a fee, rate or charge for the services and facilities of Collier County's regional utility system. Further, Owner covenants and agrees that if any extended payment installment shall not be paid when and as due, the unpaid balance thereof and all interest accruing thereon shall be an automatic fixed lien on the Property pursuant to Chapter 153, Florida Statutes, and Chapter 88-499, Laws of Florida. Such lien shall be superior and paramount to the interest in the Property of any owner, lessee, tenant, mortgagee, or other person except the lien of county taxes and shall be on parity with the lien of any such County taxes. Further, Owner covenants and agrees that in the event that any such extended Impact Fees installment, or the balance of the Impact Fees upon acceleration, shall not be paid as and when due and/or shall be in default for thirty (30) days or more, the unpaid balance of the Impact Fees and all interest accrued thereon, together with attorney's fees and costs, may be recovered by the County in a civil action, and any such lien and accrued interest may be foreclosed or otherwise enforced by the County by action or suit in equity as for the foreclosure of a mortgage on real property. 15. Owner fully understands and agrees that failure to pay any monthly installments in a timely manner will result in the water to the referenced Property being shut off without further notice and that the water service will not be restored until all outstanding balances are paid in full, including but not limited to outstanding utility charges, turn on charges and reinstatement of the extended Impact Fees installment to current. 16. The extension of time for payment or modification of amortization of the sums secured by this Agreement granted by the County to any successor in interest of the Owner shall not operate to release the liability of the original Owner or Owner's successors in interest. County shall not be required to commei ~ ,~ , proceedings against any successor in interest or refuse to extend time for payment or otherwise mo ify N~ I'ft. amortization of the sums secured by this Agreement by reason of any demand made by the original Owne or '~'~ Owners successor ,n ,ntcrcst Any forbearance by County ,n cxcrc,smg any r,ght or remedy shall not TE B 2 _1999 Pg.,, ~ ~ . ,_~ ,1 Q 14 waiver of or preclude the exercise of any right or remedy. The covenants and agreements of this Agreement shall bind and benefit successors and assigns of the County and the Owner. Owners' covenants and agreements shall be joint and several. If more than one person signs this Agreement as Owner, each person or entity is fully and personally obligated to keep all the promises made in this Agreement, including the promise to pay the full amount owed. Any person or entity who takes over the obligation under this Agreement is also obligated to keep all of the promises made herein. The County may enforce its rights under this Agreement against each person or entity individually or against all of them together. This means that any one person or entity signing as Owner or any one person succeeding to the Owner's interest may be required to pay all of the amount owed under this Agreement. 17. Owner or any other person or entity who has an obligation under this Agreement, waives the right of presentment and notice of dishonor. Presentment means the right to require the County to demand payment of amounts due. Notice of dishonor means the right to require the County to give notice if any amounts due have not been paid. 18. If enactment or expiration of applicable laws, or an adjudication by a court of competent jurisdiction, has the effect of rendering any of the provisions of this Agreement or the County's statutory lien rights unenforceable or alters the priority of the County's lien as contemplated and referenced in Paragraph 13, the County, at is sole option, may require immediate payment in full of all sums secured by this Agreement and may invoke any remedies permitted hereunder or available by law. If County exercises this option, the County shall give Owner notice of acceleration. The Notice shall provide a period of not less than thirty (30) days from the date of notice is delivered or mailed within which the Owner may pay all sums secured by this Agreement. If Owner fails to pay these sums prior to the expiration of this period, the County may invoke any remedies permitted by this Agreement or otherwise available to it by law without further notice or demand on the Owner. 19. This Agreement shall be governed by the Laws of the State of Florida. In the event that any provision or clause of this Agreement conflicts with applicable law, such conflicts shall not affect other provisions of this Agreement which can be given effect without the conflicting provision. To this end, the provisions of this Agreement are declared to be severable. 20. Upon payment of all sums secured by this Agreement, the County shall file a notice indicating full payment in the appropriate Public Records without charge to Owner. Owner shall pay any recordation cost. 21. If Owner meets certain conditions, Owner shall have the right to have enforcement of this Agreement discontinued at any time prior to the earlier: (a) five days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Agreement; or (b) entry of a judgment enforcing this Agreement. The conditions are that the Owner: (a) pays the County all sums which then would be due under the Agreement had no acceleration occurred; (b) cures any defaults of any other covenants under this Agreement; (c) pays all expenses incurred in enforcing this Agreement, including, but not limited to, reasonable attorney's fees; and (d) take such action as the County may reasonably require to assure that the lien or the lien rights of the County in the Property and the Owner's obligation to pay sums secured by this Agreement shall continue unchanged. Upon reinstatement by Owner, this Agreement and the obligation secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Paragraphs 17 or 21. 22. Any notice to Owner provided for in this Agreement shall be given by delivering it or by mailing it by first-class mail unless applicable law requires the use of another method. The Notice shall be directed to the Property address on the utility bill typically delivered by the County to the Owner. The Notice to the County shall be given by first class mail to the County's address on the utility bill, to the attention of the Collier County Revenue Services Director, or any other address the County designates by notice to Owner. Any notice provided for in this Agreement shall be deemed to have been given to Owner or the County when given as provided in this Paragraph. If all or any part of the Property or any interest in it is sold or transferred to other than a person related to the Owner by blood or marriage (or if a beneficial interest in the Owner is sold or transferred and Owner is not a natural Person) immediate payment in full of all sums secured by this Agreement shall be due and payable. If these sums are not paid in full upon such sale or transfer, the County may invoke any remedies permitted by this Agreement or applicable law, including but not limited to the refusal to open a new utilities account and/or provide or turn on the water service. 23. This agreement shall be recorded in the Public Records of Collier County to reflect a vested, fixed, and secured lien on the property. 24. This Agreement shall be binding upon the Owner, the Owner's successors and assigns and shall In ~A~h l~)//~/g,)T~ the Property. FEB 2 3 1999 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year first above written. ,~z~TO A SIGNATURES: Winterv~~ida Limited Partnership ~Type Name) Andrely J. 'S~luen General Partner Fees was acknowledged before me this 16 day of December, 1998, by Andrew J. Saluan, , general partner of Winterview Court LTD., a Florida Limited Partnership, who is personally known to me or who has produced Drivers License 3 ,/,,c~>. o (, ~;.. ~>..~, -D as identification. DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER- SEWER DISTRICT. STATE OF FLORIDA BY · COUNTY OF COLLIER ~'ame3-a S, N. ac°kj.e, Cha.trwoman I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared , Chairman. well known to me to be the Chairm~= of the Board of County Commissioners, Collier County: Florida, As The Governing Body of Collier County and as Ex*Officio the Governing Board of The Collier County Water-Sewer District, being authorized so to do, executed the foregoing Notice of Promise to Pay and Agreement to Extend Payment of Sewer System Impact Fees for the purposes therein contained under authority duly invested by the Board of County Commissioners, and that the seal affixed thereto is the true seal of said Board. WITNESS my hand and official seal in the County and State last aforesaid this __ day of _, 19_. Notary Public My Commission Expires: Approved as to form Assi~'ant Codnty Attorney FEB 2 3 1999 Exhibit A Commence at the Nor~w~st comer of Tract B of Four S~asons, accordinE to ~ p|at thereof recorded in P[~t Book 10 a~ Pa~s 95 ~ou~ 97, Public ~cords of Co[H~r Coun~, Flor~ds~ ~d mn S00~08' 12"E for 31.00 fe~ [o SS9olS'03"E ~onS ~ Noah 1~ of s~d Lo~ 2 for 150.00 f~ ~o ~e of B~E~nE"; Th~nc~ con~u~ SE9~15'03"E for 102.47 f~; ~h~nce mn S44~15~03'E for 39.59 f~; ~nc~ ~ N00~08'12''~ 59.00 fe~ ~o ~h~ Noah Hn~ of sa~d Trac~ B; ~nce mn N89~15'03''~ alone ~ sa~d Noah Hne for 130.03 ~nc~ r~ S00~0s' 12"E for 31.00 f~ ~o ~ "Poem of B~E~nE". :~N TO: .... ~V FIRM --.UITE A .,~ -... -O~RT ROAD N. :.. :.. 34105 FEB 2 3 !999 --'-- APPROVAL AND EXECUTION OF SATISFACTIONS OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEES OBJECTIVE: Recommendation that the Board of County Commissioners acknowledge full payment and execute the Satisfactions of Notice of Promise to Pay and Agreement to Extend Payment of Water and/or Sewer System Impact Fees. CONSIDERATIONS: The Board of County Commissioners of Collier County, Florida as the Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier County Water/Sewer District of Collier County, Florida, is the owner and holder of the Notice of Promise to Pay and Agreement to Extend Payment of Water and/or Sewer System Impact Fees (Agreement) executed by: 1. Darla Fail Addison securing the principal balance of $1259.66 plus accrued interest. 2. George L. Helmlinger and Lida S. Helmlinger securing the principal balance of $1500.30 plus accrued interest. 3. A & D Enterprises of Naples, Inc. securing the principal balance of $3920.00 plus accrued interest. 4. Margaret MacDonald and Cathleen S. MacDonald securing the principal balance of $1259.66 plus interest. -""' 5. Mark L. Getschow and Marian Suzanne Stevens securing the principal balance of $1500.75 plus accrued interest. 6. Mariano Lamadrid and Bertha Lamadrid securing the principal balance of $1259.66 plus Interest. 7. Jay Richard Creed And Gall M. Creed securing the principal balance of $1500.30 plus interest. 8. Rafael M. Afanador and Ana M. Afanador securing the principal balance of $1259.66 plus interest. 9. Ronnie Dean Hathaway and Nettie Tyre Hathaway securing the principal balance of $1340.00 plus accrued interest. 10. Nolen Clay Cope securing the principal balance of $1100.00 plus accrued interest. 11. Roxanne Buscemi securing the principal balance of $1500.30 plus accrued interest. 12. Kenneth W. Bryan and Peggy Lee Bryan securing the principal balance of $1500.30 plus accrued interest. 13. Frank William Hanley securing the principal balance of $1340.00 plus accrued interest. 14. Carol J. Stuckey securing the principal balance of $1259.66 plus accrued interest. 15. Morris Solow securing the principal balance of $3672.50 plus accrued interest. 16. Carol J. Stuckey securing the principal balance of $1500.30 plus accrued interest. 17. Bian K. MacDonald securing the principal balance of $1259.66 plus accrued interest. 18. George E. Long and Martha' Long securing the principal balance of $1259.66 plus ""' accrued interest. 19. Leroy S. Yuhas and Constance M. Yuhas securing the principal balance of $1200.30 plus accrued interest. 20. Leroy S. Yuhas and Constance M. Yuhas securing the principal balance of $1500.30. 21 .Stephen L. Emens and Karen Emens securing the prinicipal balance of $1500.30 plus accrued interest. 22.Jeffry S. Nimtz and Mary E Nimtz securing the principal balance of $1500.30 plus accrued interest. 23. Sybilla S. Gideon securing the principal balance of $1500.30 plus accrued interest. 24.Jock A. Felt and Ruth B. Felt securing the principal balance of $1500.30 plus accrued interest. 25. Eduardo Esquilin Lazu and Edmee Esquilin securing the principal balance of $1340.00 plus accrued interest. 26. Doris A. Rhoden securing the principal balance of $1500.30 plus accrued interest. 27. Merrel Morgan securing the principal balance of $1259.66 plus accrued interest. 28. Karen L. Etherson and Victor A. Vazquez securing the principal balance of $1888.75 plus accrued interest. 29. Marion C. Bareford securing the principal balance of $1500.75 plus interest. 30. Rafael Santos securing the principal balance of $1259.60 plus accrued interest. 31.Mr. Robert and Mrs. Margaret MacDonald securing the principal balance of $1259.66 plus accrued interest. 32.James O. Thompson securing the principal balance of $1259.66 plus accrued interest. 33.Steve C. Rasmussen and Jacquelyn M. Rasmussen securing the principal balance of $1500.30 plus accrued interest. 34.Arthur A. Smith and Boguslawa Smith securing the principal balance of $2363.13 plus accrued interest. 35. Dave Mobley and Patrice Mobley securing the principal balance of $1500.30 plus accrued interest. 36. Rita A. Smith securing the principal balance of $1260.05 plus accrued interest. 37. Heide N. Freisenbruch securing the principal balance of $1500.75 plus interest. 38.Thomas J. Shamrock securing the principal balance of $1259.66 plus accrued interest. 39.Albert B. Hogan and Irene Hogan securing the principal balance of $1259.66 plus accrued interest. 40. David A. Hinkle and Lynn C. Hinkle securing the principal balance of $1500.30 plus accrued interest. 41 .Vicente Diaz and Minervina R. Diaz securing the principal balance of $1500.30 plus accrued interest. 42.Arne Halgeir Skarstad and Janice R. Skarstad securing the principal balance of $1500.30 plus accrued interest. 43. June M. Grasley securing the principal balance of $1259.66 plus accrued interest. 44. Myles Collier Jr. and Sharon Lea Collier securing the principal balance of $1259.66 plus accrued interest. 45. Michael A. Rautenkranz and Florinda K. Rautenkranz securing the princs ~1 balance of $1259.66 plus accrued interest. FEB 2 3 1999 2 pg. ~ 46. Agnes M. Sanford securing the principal balance of $1259.66 plus accrued interest. 47.Joanna H. Flashman securing the principal balance of $1259.66 plus accrued interest. 48.Joanna H. Flashman securing the principal balance of $1259.66 plus accrued interest. 49.Thomas Dickenson and Joanna Flashman securing the principal balance of $1259.66 plus accrued interest. 50. Leslie Craig Martin and Deborah Reed Martin securing the principal balance of $1500.30 plus accrued interest. 51.Errol J. St. John and Margaret L. St. John securing the principal balance of $1500.30 plus accrued interest. 52. Harvey E. Hicks and Barbara Hicks securing the principal balance of j$1500.30 plus accrued interest. 53. Debbie Beck securing the principal balance of $1259.00 plus accrued interest. 54. Philip D. Lyon and Sharon Lyon securing the principal balance of $1259.66 plus accrued interest. 55. Marti Watters Tull and Gerald L. Tull securing the principal balance of $1259.66 plus accrued interest. 56. Karen L. Beatty securing the principal balance of $1500.30 plus accrued interest. 57.J.D. Herron and Charlene Herron securing the principal balance of $1500.00 plus accrued interest. 58. Daisy M. Mizel securing the principal balance of $1500.30 plus accrued interest. 59.Wesley B. Brokopp and Joyce G. Brokopp securing the principal balance of $2603.82 plus accrued interest. 60. Dennis G. Bratton and Nancy A. Bratton securing the principal balance of $1500.30 plus accrued interest. 61.Alan S. Jones and Cindy E. Jones securing the principal balance of $1500.75 plus accrued interest. 62. Ramon Gonzalez securing the principal balance of $1259.66 plus accrued interest. 63. Dawn S. Stephenson securing the principal balance of $1500.75 plus accrued interest. 64. Donald D. Patton and Mary Louise Patton securing the principal balance of $1259.66 plus accrued interest. 65.C. Richard Holmann securing the principal balance of $1340.00 plus accrued interest. 66. Frederick D. Kieck and Judith Kieck securing the principal balance of $1340.00 plus accrued interest. 67. Gilbert Greenwell and Betty Greenwell securing the principal balance of $1340.00 plus accrued interest. 68.Jennifer J. Oss securing the principal balance of $1340.00 plus accrued interest. 69. Robert N. Hoffman and Joy B. Hoffman securing the principal balance of $1340.00 plus accrued interest. 70.Joseph F. Kelly and Debera Kelly securing the principal balance of $1500.75 plus accrued interest. 71. Bruce E. Keene securing the principal balance of $1340.00 plus accrued interest. 1999 72.Juan I. Concepcion and Lazara Concepcion securing the principal balance of $1340.00 plus accrued interest. 73. Thomas S. Bastys and Patricia E. Bastys securing the principal balance of $1259.66 plus accrued interest. 74. Gordon F. Wellman and Beberlyl M. Wellman securing the principal balance of $1340.00 plus accrued interest. 75. YMCA of Collier County Inc., a Florida Corp. securing the principal balance of $59,780.00 plus accrued interest. 76. Acela Chiong securing the principal balance of $1500.30 plus accrued interest. 77. Carlos E. Cardosa and Ileana I.CardoSa securing the principal balance of $1500.30 plus accrued interest. 78. Gioacchino Palermo and Consiglia Palermo securing the principal balance of $1500.30 plus accrued interest. 79. Ila Marie Raney securing the principal balance of $1259.66 plus accrued interest. Full payment and satisfactions of these agreements have been made. The County Attorney's Office has reviewed and approved the satisfactions. FISCAL IMPACT: Payment in full of these Agreements increases the cash flow in the County's water impact fee fund by $0.00 (Account No. 411-273511-343336) and the sewer impact fee fund by $172,267.81 Account No.(413-263611-343560). The fiscal impact for recording the Satisfaction of Liens is approximately $474.00which is to be charged to Account No. 510-102020-649030, Department of Revenue. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: Authorize the chairwoman to execute each satisfaction. To acknowledge full payment and the satisfactions of these agreements and to surrender the same as canceled, and to direct the Clerk of Circuit Court of Collier County to cancel the same of record. Ga'~Mor~, R'evenue Supervisor /' / Departmc&"nt of Revenue ' ~'~'''C'~''' ~ ........ ~ Date: ':/~/~7~2 Approved by: ~" ' J~~~ ~ FE EXECUTIVE SUMMARY AWARD LIBRARY, TRANSPORTATION AND EMERGENCY MEDICAL SERVICES (EMS) IMPACT FEE STUDY TO TINDALE-OLIVER AND ASSOCIATES Objective: That the Board of County Commissioners award the impact fee study to Tindale- Oliver and Associates. Consideration: In January 1998, the County Administrator directed staff to select a firm to update the Library, Transportation and EMS impact fees. RFP #98-2843 was posted with Request for Proposals sent to 27 vendors. Four (4) vendors submitted proposals: Henderson, Young and Company; Tischier and Associates; Duncan Associates; and Tindale-Oliver and Associates. The five (5) member committee reviewed the proposals based on approach, expertise of designated staff, previous performance on similar jobs, ~rm's ability to complete projects on time, price, and responsiveness. Based on these criteria the committee voted 4-1 to award the proposal to Tindale-Oliver and Associates (See attached Evaluation Forms). In subsequent weeks, staff will return to the Board with a contract amendment for additional services aimed at (1) eliminating inconsistencies in all the County's impact fee ordinances, (2) clarifying impact fee calculation methods, and (3) developing an integrated, comprehensive impact fee procedures manual. At this time, the parties have not arrived at a negotiated price for the additional tasks. However, staff considers it critical that the consultant start with the original scope of work as soon as possible, thus, this request is being presented to the Board at this time. Growth Management: The work to be done will provide an updated basis for funding the planned capital improvements outlined in the Capital Improvement Element of the Growth Management Plan. Fiscal Impact: The vendor's proposed fee for the study is $74,600. In addition, up to ten (10) transportation trip characteristic field studies will be needed. The estimated cost to conduct these studies is $32,500, bringing the total cost to $107,100. Funds are available in the Library (355), Transportation (331-339), and EMS (350) Impact Fee Funds, Reserves (919010). Budget amendments, in the following amounts, will be required to transfer funds to the applicable expense budget line items: Fund From (Cost Ctr.) To (Cost Ctr.) Amount Library IF (355) Reserves (919010) Library Admin. (156110) $ 22,200 ,_., EMS IF (350) Reserves (919010) EMS - IF (140470) Road IF Dist I (331) Reserves (919010) Road Capital (163650) ~ITEM Road IF Dist 2 (333) Reserves (919010) Road Capital (163650) ~'~ F E B ::, 1999 Road IF Dist 3 (334) Reserves (919010) Road Capital (163650) $ 1,700 Road IF Dist 4 (336) Reserves (919010) Road Capital (163650) $ 8,700 Road IF Dist 6 (338) Reserves (919010) Road Capital (163650) $ 7,100 Road IF Dist 5 (339) Reserves (919010) Road Capital (163650) $ 500 TOTAL: $107, 100 Recommendation: That the Board of County Commissioners approve the selection of Tindale-Oliver and Associates to provide an Impact Fee Study for the Library, Transportation and EMS Systems; authorize the Chairwoman to execute the agreement; and approve the necessary budget amendments. Prepared by: p~.~ ~--;~"' - _- "._ t ('~ Date: h Assistant to the County Administrator Reviewed and Approvedby: ,~_~,.'/:~;t,)~,.z Ste'pR~n Y. Earnell, Purchasing/General Services Director Reviewed and Approved by: Date: Robert F. Fernandez, County Administrator AGENDA ITEM No. IL, ~ F E B 2 3 1999 _ ,Fig':''''(~' :. ~ 'L jZ EVALUATION RECAP-FINAL RANKING STANDARDS RFP ~98-2843 "Impact Fee Study for EMS, Library & Transportation Systems" ....NUMBER O~ ' NUMBER'OF NUMBER OF "' NUMB'I~R OF SUM 'OF 1~t PLACE 2n~ PLACE 3~ PLACE 4t~ PLACE RANKING NAME OF FIRMS RANKINGS RANKINGS RANKINGS RANKINGS SCORING FIRMIRANKINGS FIRST "' "F, ~ C~ 1 I- C.C~ ', ,3 @ C~ ....... SECOND '~ -~c~ C'~d, e~ ~(.,~ Vno q c ' THIRD ~-~p~ + ~%~ .... "'FOORTH ~ ~,~ ~ '~j b . ' .... Selection Committee Chairman's Signature NOTE: Ranking scoring is determined by multiplying each 1" Place Ranking by 3 points, each 2"d Place Ranking by 2 points, and each 3rd Place Ranking by I point. The Final Ranking order is determined by the highest to lowest Ranking Scoring totals. AGi FEB 2 1999 IIVALLiA.'r'IBIi M.,a,."'l~X RFP 1118,,,2843 "Impact Fee Study for Library, EMS & Transportation Systems" AGENDA ITEM ""' No,- !~,' (= ~ F E B 2 3 1999 ~R tDVcJ A2J'3S ~l'JN3 ~3I~03 ~S~PSLL~B 9I:B9 EVALUATION MATRIX RFP ~98-2843 "Impact Fee Study for EMS, Library and Transportation Systems" ' Evaluation Criteria ~irm's approach 'm S~pe 0f Propose'r's Cr~en~als (20) ....... ' ~xpe~se of designated 'S~ff'(20) Previous PeSofinance 0n Sireliar Fi~'s Abili~ to Complete Projec~ on Time (10) ~ ~ H ..I dO ~ q Responsiveness tO RFP (~) ~ ~ ~ COMMITTEE MEMBER'S RANKINGS FIRM FIRST ' :'1 iT"""/5/":: '?~::~ '" "" ' ;. ..-.-- :.,...-.-..,,.,..,;.:....... Eo_oD...... ,...:..,.~:: ~. .... . . ..,,._..' .~,.'-", i"~" .... ." .'~'; ';'-L-.~,~;~ ,'~ "~' .~l':':!.~e,~..'.-', _".,'. ~ '-: ' _ ,' ;~ ,.-~'; "., "~.--' ~ .:{'?!t'~ ' '!-. '.-" :." "':":.' '%.'::%""~!i!:'::'U..~'!' :!7: '~'~':F:."' !'.':'.'~ ::~:~: .!',-~Y.::i:;'.~ 2~LTS':':~-<. ~::.:'T: ~'' ~';:' :' H '." ' ?' ;~FOUR Sete ~~ture AGENDA ITEM D~t,o: e o - / r- I'8 No. \ t, ~. ~. FEB 2 ~ 1999 EVALUATION MATRIX RFP #98-2843 "Impact Fee Study for EMS, Library and Transportation Systems" :- . - , Evaluation Criteria - NAME OF FIRMS: o~..~a, Fi~'s approach to Scope of se~i~s (25) Proposers Creden~als (20) .................. "E~mse of Designated Stuff (20) ' Previous Pedo~an~ on Similar Fi~'s A~ili~ to Co~{ete Projec~ .... on Time (10) Pri~ (10) ' '" ~n~iveness 'to RFp (5) "' 5 COMMITTEE MEMBER'S RANKINGS FIRM ,'.:.' :-..::: [ -":...,,'.-.:' !. . . ........... ~ ......- . ...... .. ~.......,...-,. ....... .......~,;..,~-~ Selection~C~'~e MembY ' ~ .... t O ( L 5 1 ~ ~ ' AGENDA ITEM Dated: , No. W r ~ ~ _ F E B 2 3 1999 Pg,_ ~ _. ~ EVALUATION MATRIX RFP #98-2843 "Impact Fee Study for EMS, Libra.ry and Transportation Systems" d ,; w. r' ~q .'~ ~ ( . c ~ , ~ ~,~ f , ... Fi~'s approa~ to S~pe of Expeffise of Designated Staff (20) Previous Peffo~ance on Similar JObS (10) ~ ~ (~ 7 ..... Firm's Abili~ to Complete PrOjecB Pri~ (10) Responsiveness to RFP COMMITTEE MEMBER'S RANKINGS FIRM SECOND ' ,. _ "- THIRD ·: -. · . F RhondQ EVALUATION MATRIX RFP #98-2843 "Impact Fee Study for EMS, Library and Transportation Systems" Evaluation Cdteria Firm's approach ~ S~e of ~""~' <~} ~.. ~ ~ ..... 1% ~0 Pro~se~s Cr~entials (~0) ....... Expeffise of ~signated S~ff (20) Previous Pe~o~an~ on Similar ......... Fi~'s ~ili~ to ~mplete Projec~ Pd~ (10) ~ ~ '~"""~'""'°"~<~'5..... ~5....H...... COMMITTEE MEMBER'S RANKINGS FIRM ~c~.~ , , .. Selection Committee Members S~ nature --- AGENDA ITEM ated: No,~-( ~ E: \ F E B 2 3 1999 APPROVAL OF BUDGET AMENDMENTS BCC Agenda of /--- February 23, 1999 Risk Management (Fund 518) Budget Amendment #99-154 Worker's Compensation Claims $(3,406) Data Processing Equipment 3,406 Total: '0- Explanation: To purchase CPU's to upgrade computers to accommodate the new PDS system (Vista). Golden Gate MSTU (Fund 136) Budget Amendment #99-156 Capital Outlay General Improvements $9,560 Reserves Contingencies (9,560) Total: -0- Explanation: To increase project line to allow for change orders up to 10% of the current landscape construction contract. Road Construction Gas Tax (Fund 313) Budget Amendment #99-161 Operating Interdepartment Payment for Services $1,000 Reserves Capital Outlay ( 1,000) Total: -0- Explanation: To pay invoice from Real Property Department for research (deeds, easements). AGENDA ITEM No. /~ ,~--'~: ~-) FEB 2 3 Pg..... BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE FEBRUARY 23, 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 Nos.: 9604622MMA, 9807297MMA, 9806526MMA, 9807086MMA, 9800891MMA, 9803872MMA, 9807891 MMA, 9805202MMA, 9805095MMA, 9807136MMA, 9807537MMA, 9805720MMA, 9804236MMA, 9808221MMA, 9806841MMA, 9803708MMA, 9808636MMA, 9802776MMA, 9804332MMA, 9806816MMA, 9807285MMA 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. January 25 - 29, 1999 B. February 1 -5, 1999 4. Districts: A. Big Cypress Basin Board of the South Florida Water Management District - Agenda of February 4, 1999 B. Collier Soil and Water Conservation District - Change in date for regular meetings for fiscal year 1998-1999 and Notice of February 3, 1999 meeting C. Collier Mosquito Control District - Final Annual Certified Budget; Annual Audit Report and Annual Financial Report - Year ended September 30, 1998; Management Letter - Rebuttal to Management; Schedule of Meetings for 1998- 1999 D. Fiddler's Creek Community Development District - Minutes of October 28, 1998 and November 3, 1998 meetings E. South Florida Water Management District - Proposed Rule Development regarding Water Use permitting rules 5. Minutes: A. Airport Authority - Minutes of December 14, 1998 meetil .g an~qeg.~~ January 14, 1999 FEB 2 3 1999 pgo / B. Bayshore Avaton Beauti~cation Advisory Committee - Minutes of December 9, 1998 meeting and agenda for January 6, 1999 C. City/County Beach Renourishment Advisory Committee - Agenda for February 4, 1999 D. Collier County Code Enforcement Board (North) - Minutes of November 23, 1998 E. Collier County Code Enforcement Board (South) - Minutes of September 11, 1998 and November 13, 1998 meetings F. Collier County Planning Commission - Minutes of December 17, 1998 and January 7, 1999 meetings and agendas for January 21, 1999 and February 4, 1999 G. County Government Productivity Committee - Minutes of January 20, 1999 meeting H. Development Services Advisory Committee - Minutes of January 6, 1999 and agenda for February 3, 1999 I. Emergency Medical Services Advisory Council - Minutes of December 23, 1998 meeting J. Environmental Advisory Board - Minutes of January 6, 1999 and agenda for February 3, 1999 K. Golden Gate Beautification Advisory Committee - Minutes of December 8, 1998 and January 12, 1999 meetings and agendas for January 12, 1999 and February 9, 1999 L. Historical/Archaeological Preservation Board - Agenda for January 15, 1999 and minutes of January 15, 1999 meeting M. Immokalee Beautification MSTU Advisory Committee o Minutes of December 16, 1998 meeting and agenda for January 20, 1999 N. Lely Golf Estates Beautification Advisory Committee - Minutes of December 1 I, 1998 and January 15, 1999 meetings and agendas for January 15, 1999 and February 12, 1999 O. Library Advisory Board - Minutes of December 9, 1998 meeting P. Ochopee Fire Control District Advisory Board - Minutes of May 4, 1998, October 5, 1998, November 2, 1998 and December 7, 1998 meetings t FEB 2 3 1999 Pc:J° ~ Q. Parks and Recreation Advisory Board - Minutes of December 16, 1998 meeting and agenda for January 27, 1999 and Impact Fee Study Results R. Pelican Bay MSTBU Advisory Committee -Agendas for January 18, 1999 and February 3, 1999 and minutes of December 2, 1998 and January 18, 1999 meetings FEB 2 3 1999 pg. ,~ EXECUTIVE SUMMARY Request by the Collier County Industrial Development Authority for approval of a resolution authorizing the Authority to issue revenue bonds to be used to finance health care facilities for NCH Healthcare System. OBJECTIVE: To accomplish the necessary approvals to authorize a proposed revenue bond issue by the Collier County Industrial Development Authority to be used to finance health care facilities for NCH Healthcare System. CONSIDERATIONS: The Industrial Development Authority has been requested to issue its bonds to finance certain health care facilities. Community Health Care, Inc. and its subsidiary, Marco Island Hospital, Inc. which are part of the NCH Healthcare System and will therefore be referred to herein as "NCH", propose to borrow approximately $20 million to construct and equip a health care facility and to retinanee certain existing indebtedness incurred in connection with the acquisition, construction and equipping of certain health care facilities. The proposed uses are more fully described in the attached resolution, and include retiring of loans incurred to construct a certain health care facility at the Immokalee Health Park and acquire certain health care facilities at Grand Central Station, and the acquisition of land and construction of a health care facility on Marco Island which will house a cardiac wellness center and outpatient rehabilitation services. The requested approval is for the same financing that was approved by the Board by Resolution No 99-76, approved on January 26, 1999. That Resolution approves a single series of tax-exempt bonds, designated as Series 1999A. Because of certain concerns relating to legislation which is likely to be introduced in the United States House of Representatives and which could adversely affect tax-exempt bonds issued on behalf of certain borrowers for the purpose of financing or re~nancing certain types of wellness centers, NCH now desires that the Authority issue its tax- exempt bonds in two series, to be designated as Series 1999A and Series 1999C (collectively, the "Tax-Exempt Bonds"). As a result, it was necessary for the Authority to hold another advertised public hearing on the proposal, and the Board must approve this action. The authorized principal amount of the Tax-Exempt Bonds does not change, they are simply being issued as two tax-exempt series. The Authority met on February 18, 1999 and considered the proposal. The meeting was noticed by publication in the Naples Daily News in the manner required by the Intemal Revenue Code, and any comments of members of the public were considered. At the conclusion of the public hearing, the Authority determined to proceed with a bond issue consisting of two series of tax- exempt bonds, along with a series of taxable bonds, and adopted the attached Resolution to evidence AGENDA ITEM C:\MyFiles'~locumemXIDAMNCH-Exe, cSumm2.wpd ~. ~ FE? 2 3 1999 Pg._ t this approval. In addition to Authority approval, federal tax law requires that the County Commission, as the local governing body, must also approve the issuance of the Tax-Exempt Bonds. 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, which also repeals Resolution 99-76, is attached. As are all revenue bonds of this type, the Tax-Exempt Bonds and the taxable 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 NCH. 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 IMPACT: This program does not require any contribution from the Board of County Commissioners or any other County agency. Neither the Tax-Exempt Bonds nor the taxable bonds are liabilities of the County, and the County is not liable for payment in any way. On the other hand, the issuance of bonds for health care facilities has a positive fiscal and social impact on the community, and the statutes authorizing the Authority to issue such bonds declare that such issuance is for a public purpose. ,-. GROWTH MANAGEMENT IMPACT: The adoption of the attached resolutions will have no adverse growth management consequences. The facilities located in the unincorporated area of the County were permitted and 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 facilities to be constructed within the corporate limits of the City of Marco Island will be permitted and constructed in accordance with the City's regulations. RECOMMENDATION: The Board of County Commissioners adopt the attached Resolution. Collier County Industrial Development Authority Approved by: David C. Weigel, Count Att~l)ey -2- NO. ~ :I2 FE[ 2 3 1999 ' PC. RESOLUTION NO. 99- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA APPROVING THE ISSUANCE AND SALE OF REVENUE BONDS BY THE COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY, AS REQUIRED BY SECTION 147(0 OF THE INTERNAL REVENUE CODE, AS AMENDED; REPEALING RESOLUTION 99-76; AND PROVIDING FOR OTHER RELATED MATTERS. Whereas, the Collier County Industrial Development Authority (the "Authority") is a body corporate and politic of Collier County, Florida ("Collier County") created by Collier County Resolution No. 79-34 duly adopted by the Board of County Commissioners on February 27, 1979 pursuant to Part III of Chapter 159, Florida Statutes, as amended, with the power to issue revenue bonds for the purposes of financing a "project" as defined in Part II of Chapter 159, Florida Statutes, as mended; and Whereas, Community Health Care, Inc. (the "Corporation") and Marco Island Hospital, Inc. (the "Hospital"), each a Florida not-for-profit corporation, and each owning or operating certain facilities located within the boundaries of Collier County, Florida, have requested the Authority to issue its Health Care Facilities Revenue Bonds (Community Health Care, Inc. Obligated Group), Series 1999A and Health Care Facilities Revenue Bonds (Community Health Care, Inc. Obligated Group), Series 1999C in an aggregate principal amount not to exceed $17,000,000 (the "Bonds") for the purpose of making a loan to the Corporation and the Hospital for the purpose of providing funds, together with other available funds, to (a) finance a portion of the cost of constructing and equipping a two-story, approximately 24,000 square foot building, a portion of which will be used as a health care facility, which will include a cardiac wellness center and space for outpatient rehabilitation services, together with related site improvements (the "Marco Island Project"), (b) refinan~e certain interim indebtedness incurred in connection with (1) the refinancing of a commercial bank loan the proceeds of which were used to construct and equip a two-story, approximately 39,000 square foot building which houses a medical clinic operated by Collier Health Services, Inc., a Florida corporation not for profit, a laboratory, various administrative offices and various social service agency offices (the "Immokalee Health Park Project") and (2) the financing of a portion of the cost of the Marco Island Project, (c) retinanee certain additional interim indebtedness incurred in connection with the financing of a portion of the cost of the Marco Island Project, (d) retinanee certain indebtedness incurred in connection with the acquisition of certain real property (the "Marco Island Land Acquisition Project"), (e) retinanee certain interim indebtedness incurred in connection with the acquisition of a two-story, approximately 162,000 square foot building, a portion of which is used as a medical plaza which houses a wellness center, space for outpatient rehabilitation services, laboratory facilities, physician offices, clinical space and various administrative offices (the "Grand Central Station Project"), and (f) pay certain expenses incurred in connection with the issuance of the Bonds, including certain fees and expenses incurred in connection with credit enhancement for the Bonds; and Whereas, Section 147(f) of the Intemal Revenue Code of 1986, as mended (the "Code"), provides that the elected legislative body of the governmental unit which has ju~dt- ' ,-' FE323 1999 approve the issuance of such bonds after a public hearing; and Whereas, the Board of County Commissioners of Collier County, Florida (the "Board") is the elected legislative body of the County; and Whereas, the Authority caused a notice of a public hearing to consider approval of the Bonds and the location and nature of each of the Immokalee Health Park Project, the Grand Central Station Project, the Marco Island Land Acquisition Project and the Marco Island Project to be financed with the proceeds of the Bonds to be published on or before February 4, 1999 in the Naples Daily News, a newspaper of general circulation in Collier County, and a copy of said notice is attached as Exhibit A (the "Notice"); and Whereas, the Authority held a public heating on February 18, 1999, pursuant to the Notice and adopted a resolution ( the "Resolution") authorizing the issuance of the Bonds, a copy of which is attached as Exhibit B, and has recommended to the Board that it approve the issuance of the Bonds in accordance with Section 147(f) of the Code; and Whereas, for the reasons set forth above, it appears to the Board that the approval of the issuance and sale of such Bonds as required by Section 147(f) of the Code is in the best interests of Collier County, NOW, THEEFOE, Be It Resolved by the Board of County Commissioners of Collier County, Florida, that: Section 1. Approval of Issuance of the Bonds. This Board hereby approves the issuance of the Bonds by the Authority for the purposes described in the Notice pursuant to Section 147(t) of the Code. The Bonds shall be issued in such aggregate principal amount, bear interest at such rate or rates, mature in such amount or amounts and be subject to redemption as are approved by the Authority without the further approval of this Board. The Bonds shall not constitute a debt, liability or obligation of Collier County, the Board, any officer, agent or employee of Collier County, the State of Florida or any political subdivision thereof, but shall be payable solely from the revenues provided therefor, and neither the faith and credit nor any taxing power of Collier County or the State of Florida or any political subdivision thereof is pledged to the payment of the principal of, premium, if any, and interest on the Bonds. No member of the Board or any officer or employee thereof shall be liable personally on the Bonds by reason of their issuance. This approval shall in no way be deemed to abrogate any regulations of Collier County for any portions of any of the Projects located within the regulatory jurisdiction of Collier County. Such portions of the Projects shall be subject to all such regulations, including, but not limited to, the Collier County Growth Management Plan and all concurrency requirements contained therein and the Collier County Land Development Code. Section 2. Severability. If any section, paragraph, clause or provision of this Resolution shall be held to be invalid or ineffective for any reason, the remainder of this Resolution shall continue in full force and effect, it being expressly hereby fo i,,d J ~:.c:~-e't 2 FE , 2 3 1999 P ._H that the remainder of this Resolution would have been adopted despite the invalidity or ineffectiveness of such section, paragraph, clause or provision. Section 3. Effective Date. This Resolution shall take effect immediately upon its adoption, and any provisions of any previous resolutions in conflict with the provisions hereof are hereby superseded. Section 4. Repealer. This Resolution repeals and supercedes Resolution 99-76. PASSED and Adopted this day of February, 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. Weigel, ~o~nty fitl~mey 3 FE?., 2 3 1999 Pg... ,,~ -: NapLes DaiLy News Naples, FL :~4q02 Notice of Meeting and Publ)c Hearing r NotIce is hereby given that the Collier County In- Affidavit of Publi cation duetrial Develo ment Authority (the "Authority") wfll conduct o special meeting and uDlic hearing on Feb- Naples Daily News uar 18, lqq9 af 2:00 p.m. in t~; Economic Develop- menUCouncil of Collier Coun Conference Ro ,3050 .................................................. + ........................... North Horseshoe Drive, S~it~; 120, No les,~orida, 34104 for the purpose of receiving pubffc commen~ and hearing discussion concerning the pro Osed issu- ance of the Authorl~'s revenue bonds InC~dlng such revenue bonds being dealgriPed as ~eolfh Core Fa- PICKWORTH, DONALD P.A, clllfies Revenue Bonds (Commun~ Health Core, InC 5150 TAMIARZ TRL N ~602 Obllg~ed Group) Series 199~A and Heath Core clllfles Revenue ~onds (Community Health Care, Inc. NAPLES FL 34103 Obllg~ed Group) S~e I~es 1999C In on aggregate princi- pal amount not to exceedt $17,000 000 (colledlvelv,~~he 'Bonds") for the purpose of maklng loans fo Commu- nity Heaith Care Inc., o Florida corporation not for roflt ("Camtaunt y Heal h Care"), an~ Marco island ~osplfol~ Inc., o Florida Corporation not for profit "~arco Island Has ifal"), for the purpose of providing ~unds, fogether wl~ ~her ovaliable funds, to (Q) fl- REFERENCE: 010784 nonce o podion of the cost of cons~udjng and equip- In a ~o-story, opproximo~ely 24,000 square foot 57822476 Notice of Meeting an ~uJPdlng, o podion of which will be used as e health core facility, which will include o cardiac welh ass center and space f r o~lent rehabllif~ion serv- State of Florida ices, fogether wl h related site Improvemen~ (the County of Co I l i er "~orco Island Proled"i, (b refinance; cadgin Interim Before the undersign~ authority, arsonally Inde~edness Incurred=[n c~ne~o ~he appear~ B. Lamb~ ~ho on oath says tKat she serves which were used to cons~ud and equip o ~o-story, as the Assistant CoP~ra~e Secretary of the NapLes approximately 3~,000 7quoter foot building which Da~Ly Ne~s, a da~Ly n~spapeP published at NapLes~ houses a medrcal clinic oper~ed by Collier Heolfn ~n CoLLier County, FLorida: that the attached Services, Inc., o Florida corpo orion not for profit, Iobor~ory various odin nisfrotlve offices and various copy of Advertising uas published ~n sa~d social service agency offices (the "lmmokolee Health Park Proled") and (2) the financing of a podion of ~e newspaper on dates L~sted. cost of the ~arco island Proled, (c)raftnonce cadgin additional interim indebtedness Incurred In connec- Affront further says that the sa~d Naples Da~y Ne~s is a newspaper published at NapLes, ~n sa~d tion with the financing of o odion of the cost of the CoLLier County FLor~da~ and that the sa~d ~orco Island Proled~ (d) re~noncefce~oln indebted- newspaper has ~eretofore been continuously hess Incurred In cannedion with he acquisition of ~ coda n real rope~ the "Marco Island Land Acqul; published in said CoLLier County, FLorida, each E~,~nl;~;L~e~')t~o~e~r~,~ ~%~ day and has been entered as second class mait ~o-s~ry, approximately 1~2,000 squoreqoot buildin , matter at the ~st office in NapLes~ in said o podIon of which Is ,used as o medical laza whl~ next receding the first publication of the a ~ v ~oln expenses Incurred In cannedIon with the tssu- urther says that she has neither paid nor ~:J~; rom~sed any person, firm or coporat~on any discount, rebate, commission or refund for the the~mokolee Health Care Proled Is Ioc~ed at purNse of securing this advertisement fop 1454 Madison Avenue, Immokolee, Florida and Is owned bY Communl~ Healffi Care. publication in the said newspaper. The Grand Cen~al Station Proled Is located at 308 Goodle~e Rood SaSh, No lea, Florida and is owned and oper~ed by Communl~ Heolffi Core. PUBLZSHED ON: 02/04 The Marco Island Proled and the Marco Is a d Land Acquisition Proied are Ioc~ed at 40 Heo hwo d Dr ve South, Marco Island, Florida and are owned bv Marco Island Hospital. The Marco Island Proled will be operated bY Marco Island Has It~I.L- ~ A interested persons are ~v fed to submit wr - ten comments or..~end the heorlngt either perso~a y or throu h their represent~lve~ and will be give on AD SPACE: 212.~0 INCH oppodu~fv fo .express their views c ncernlng the pro ads Or the financing. Anyone des Ing to make FZLED 0N: 02/04/~ ~ .............................. write. comments In odvohce of t e hearing may /~ ~ send such comme~¢o: Collier Co~n~ Indus~JgLDeveq~e~AuthorlN.. c/o-EConomic DeveFop~f~ounc I ' S~gna~ure of Aft ~ant ~ 3050 Noah Horseshoe Drive, Sul~ ~20 ' o~~ f c ~ AP°f ' and oral commen~ m~de ~' he hea Persona L Ly known by me _ ~ ~ J ovaltable for Ins edlon and copying ~ ~e office the A~h0r~ set fo~ above. SHOULD ANY PERSON DECIDE TO PEAL ANY DECISION MADE BY THE AUTHORITY WiTH RESPECT TO ANY ~A~ER CONSIDERED AT SUCH HEARING SUCH PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND FOR THAT PURPOSE, SUCH PERSON ~AY NEeD TO ENSURE THAT A VERBATI~ 'RECORD OF THE PROCEEDING5 IS ~:~,, ]oyce E. Blazler ~ADE WHICH RECORD INCLUDES THE TESTIMONY  MY COMMISSION ~ CC702521 EXPIRES BASED. j.. ..~ AND ~IDENCE UPON WHICH THE APPEAL IS TO BE n ~c~dance with ~e Amer cons with DIsabilities tlclp~e In ffi s heor~g s~;uld conrad Donald A. P C~- 8ONDED THRU T~OY FNN INSUR~CE { wodh, General Counsel, ~ (~41) 263-8060 no I~e than seven (7) do s~rlortothe hearing 4 ~ Thls ~ce. is given pursuo~ ~ Sedl' ( ) o ~ ~e Internal Revenue Code, as omended~ No. EXHIBIT A FED 2 3 1999 To BCC ~esolut~on 2/23/~9 PJ. J Execution Copy RESOLUTION NO. 99- AN INDUCEMENT RESOLUTION OF THE COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY REGARDING THE OFFICIAL ACTION OF THE AUTHORITY WITH RESPECT TO THE PROPOSED ISSUANCE BY THE AUTHORITY OF ITS HEALTH CAP~ FACILITIES REVENUE BONDS (COMMUNITY HEALTH CARE, INC. OBLIGATED GROUP) SERIES 1999A AND HEALTH CARE FACILITIES REVENUE BONDS (COMMUNITY HEALTH CAP,~, INC. OBLIGATED GROUP) SERIES 1999C IN AN INITIAL AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $17,000,000 FOR THE PtLFNCIPAL PURPOSE OF FINANCING AND REFINANCING CERTAIN COSTS INCURRjED OR TO BE INCURRED BY COMMUNITY HEALTH CARE INC. ( THE "CORPORATION") AND MARCO ISLAND HOSPITAL, INC. (THE "HOSPITAL") IN CONNECTION WITH THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF CERTAIN HEALTH CARE FACILITIES; AUTHORIZING THE EXECUTION AND DELIVERY OF A PRELIMINARY AGREEMENT BY AND AMONG THE AUTHORITY, THE CORPORATION, AND THE HOSPITAL; REPEALING RESOLUTION 99-01 AND PROVIDING FOR RELATED MATTERS. WHEREAS, Community Health Care Inc., a Florida not-for-profit corporation (the "Corporation") and Marco Island Hospital, Inc. a Florida not-for-profit corporation (the "Hospital") have applied to the Collier County Industrial Development Authority (the "Authority") to issue its Health Care Facilities Revenue Bonds (Community Health Care, Inc. Obligated Group), Series 1999A and Health Care Facilities Revenue Bonds (Community Health Care, Inc. Obligated Group) Series 1999C in an aggregate principal amount not to exceed $17,000,000 (collectively, the "Tax-Exempt Bonds"), for the purpose of making loans to the Corporation and the Hospital, for the purpose of providing funds, together with other available funds, to (a) finance a portion of the cost of constructing and equipping a two- story, approximately 24,000 square foot building, a portion of which will be used as a health care facility, which will include a cardiac wellness center and space for outpatient rehabilitation services, together with related site improvements (the "Marco Island Project"), (b) refinance certain interim indebtedness incurred in connection with (1) EXHIBIT B To BCC Resolution 2/23/99 a commercial bank loan the proceeds of which were used to construct and equip a two-story, approximately 39,000 square foot building which houses a medical clinic operated by Collier Health Services, Inc., a Florida corporation not for profit, a laboratory, various administrative offices and various social service agency offices (the "Immokalee Health Park Project") and (2) the financing of a portion of the cost of the Marco Island Project, (c) refinance certain additional interim indebtedness incurred in connection with the financing of a portion of the cost of the Marco Island Project, (d) retinanee certain indebtedness incurred in connection with the acquisition of certain real property (the "Marco Island Land Acquisition Project"), (e) refinance certain interim indebtedness incurred in connection with the acquisition of a two-story, approximately 162,000 square foot building, a portion of which is used as a medical plaza which houses a wellness center, space for outpatient rehabilitation services, laboratory facilities, physician offices, clinical space and various administrative offices (the "Grand Central Station Project"), and (f) pay certain expenses incurred in connection with the issuance of the Bonds, including certain fees and expenses incurred in connection with credit enhancement for the Bonds; and WHEREAS, the Corporation and the Hospital have also applied to the Authority to issue simultaneously with the issuance of the Tax-Exempt Bonds a series of its taxable private activity revenue bonds in the initial aggregate amount of not to exceed $12,000,000 (the "Series 1999B Bonds" and, together with the Tax-Exempt Bonds, the "Bonds") for the principal purpose of (1) financing a portion of the cost of the Marco Island Project, (2) refinancing a portion of the Existing Indebtedness (as defined in Exhibit "A" to the Preliminary Agreement), and (3) paying costs associated with the issuance of the Series 1999B Bonds; and WHEREAS, the Corporation and the Hospital have requested that the Authority loan the proceeds of the Bonds to the Corporation and the Hospital pursuant to Chapter 159, Parts II and III, 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 WHEREAS, the issuance of the Bonds and the loaning of the proceeds thereof to the Corporation and the Hospital to finance the costs of the above-mentioned Projects and refinance the Existing Indebtedness 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 incurred by the Authority, will assist the Corporation and the Hospital and promote the public purposes provided in the Act; and AGENDA ITEM 2 NO. ~ FE3 2 3 1999 Pg. ~ WHEREAS, the Corporation and the Hospital have 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 heating on the proposed issuance of the Tax-Exempt Bonds for the purposes herein stated, which date is more than 14 days following the first publication of notice of such public heating in a newspaper of general circulation in Collier County and which public heating 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 Tax-Exempt Bonds and the location and nature of the above-mentioned Projects and the properties financed by the Existing Indebtedness, as more particularly described in the notice of public heating attached hereto as Exhibit B; and WHEREAS, it is intended that this Resolution shall constitute official action toward the issuance of the Tax-Exempt 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 and the Hospital; NOW, THEREFORE, BE IT RESOLVED BY THE COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY, THAT: SECTION 1. AUTHORITY FOR THIS RESOLUTION. This Resolution is adopted pursuant to the provisions 0f the Act and other applicable provisions of law. SECTION 2. PRELIMINARY STATEMENT. This Resolution is entered into to permit the Corporation and the Hospital to proceed with the financing of the costs of the above-mentioned Projects and the refinancing of the Existing Indebtedness and to provide an expression of intention by the Authority, prior to the issuance of the Bonds, to issue and sell the Bonds and make 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 THE FINANCING AND REFINANCING. The financing of the costs of the above-mentioned Projects and the refinancing of the Existing Indebtedness by the Authority through the issuance of the Bonds, pursuant to the Act, will promote the economic development, prosperity, health and welfare of the citizens FEP_., 2 3 1999 P~. ~ of Collier County, will promote the general economic structure of Collier County, and will thereby serve the public purposes of the Act and is hereby preliminarily approved, subject, however, in all respects to the Corporation and the Hospital meeting the conditions set forth in the Preliminary Agreem~ent to the sole satisfaction of the Authority. SECTION4. EXECUTION AND DELIVERY OF PRELIMINARY AGREEMENT. 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", among the Authority, the Corporation and the Hospital providing understandings relative to the proposed issuance of the Bonds by the Authority to finance the costs of the above-mentioned Projects and refinance the Existing Indebtedness in an aggregate principal amount not to exceed the lesser of (a) $29,000,000 or (b) the amount determined by the Authority, the Corporation and the Hospital 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 the Hospital and subject in all respects to the conditions set forth in the Preliminary Agreement, in an aggregate principal amount not to exceed $29,000,000 for the principal purpose of financing the costs of the above-mentioned Projects and refinancing the Existing Indebtedness as described in the Preliminary Agreement. 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 Authority 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 Tax-Exempt Bonds, as contemplated in the Preliminary Agreement, in accordance with the purposes of the laws of the State of Florida and the applicable United States Treasury Regulations. SECTION 8. LIMITED 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 agreement or other ~0~'~~ FE~ 2 3 1999 Pg.~ r~ financing agreement entered into by and among the Authority, the Corporation and the Hospital 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 necessary rezoning applications nor for any other regulatory permits relating to the above-mentioned Projects and the Authority shall not be construed by reason of its adoption of this resolution to have waived any fight of Collier County or estopping Collier County from asserting any fights or responsibilities it may have in that regard. SECTION 10. REPEALER AND EFFECTIVE DATE. This Resolution repeals and supercedes Resolution 99-01 adopted January 15, 1999 and shall take effect immediately. ADOPTED this 18th day of February, 1999. /~O~E~ ~ 5 FF:.F_, 2 3 1999 1 Pg.~ \~ COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY (SEAL) /s/ J.R. Humphrey, Chairman ATTEST: /s/ Secretary FEZ 2 3 1999 pg, I¢~- EXHIBIT A TO RESOLUTION PRELIMINARY AGREEMENT FOR ISSUANCE OF PRIVATE ACTIVITY REVENUE BONDS This Agreement among the Collier County Industrial Development Authority, a public body corporate and politic (the "Authority"), Community Health Care, Inc., a Florida not-for- profit corporation (the "Corporation"), and Marco Island Hospital, Inc., a Florida not-for- profit 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 private corporations, or use such proceeds, to defray the cost of acquiring, by purchase or construction, certain qualifying health care facilities. (b) The Corporation and the Hospital are considering (1) financing the costs of the acquisition, construction and equipping of health care facilities to be owned and operated by the Hospital and (2) refinancing certain outstanding indebtedness of the Corporation and the Hospital previously incurred for the purpose of financing the cost of acquisition and construction of certain health care facilities to be owned or operated by the Corporation or the Hospital, all of which facilities are more fully described in Exhibit A attached hereto. (c) The Corporation and the Hospital have applied to the Authority to issue two series of its private activity revenue bonds in the initial aggregate principal amount of not to exceed $17,000,000 (the "Series 1999A Bonds" and the "Series 1999C Bonds" and collectively, the "Tax-Exempt Bonds") for the principal purpose of making loans to the Corporation and the Hospital, for the purpose of providing funds, together with other available funds, to (a) finance a portion of the cost of constructing and equipping a two-story, approximately 24,000 square foot building, a portion of which will be used as a health care facility, which will include a cardiac wellness center and space for outpatient rehabilitation services, together with related site improvements (the "Marco Island Project"), (b) retinanee certain interim indebtedness incurred in connection with (1) the refinancing of a commercial bank loan the proceeds of which were used to construct and equip a two-story, approximately A-1 F~2 2 3 1999 P~.. ~-- 39,000 square foot building which houses a medical clinic operated by Collier Health Services, Inc., a Florida corporation not for profit, a laboratory, various administrative offices and various social service agency offices (the "Immokalee Health Park Project") and (2) the financing of a portion of the cost of the Marco Island Project, (c) refinance certain additional interim indebtedness incurred in connection with the financing of a portion of the cost of the Marco Island Project, (d) refinance certain indebtedness incurred in connection with the acquisition of certain real property (the "Marco Island Land Acquisition Project"), (e) refinance certain interim indebtedness incurred in connection with the acquisition of a two- story, approximately 162,000 square foot building, a portion of which is used as a medical plaza which houses a wellness center, space for outpatient rehabilitation services, laboratory facilities, physician offices, clinical space and various administrative offices (the "Grand Central Station Project"), and (f) pay certain expenses incurred in connection with the issuance of the Tax-Exempt Bonds, including certain fees and expenses incurred in connection with credit enhancement for the Tax-Exempt Bonds. The Corporation and the Hospital have applied to the Authority to issue simultaneously with the issuance of the Tax-Exempt Bonds a series of its taxable private activity revenue bonds in the initial aggregate amount of not to exceed $12,000,000 (the "Series 1999B Bonds" and, together with the Tax-Exempt Bonds, the "Bonds") for the principal purpose of(l) financing a portion of certain costs of acquisition, construction and equipping of the Marco Island Project, (2) refinancing a portion of the Existing Indebtedness (as defined in Exhibit "A" to the Preliminary Agreement attached hereto), and (3) paying costs associated with the issuance of the Series 1999B 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 Tax-Exempt 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) Subject to the Corporation and the Hospital providing the Authority with sufficient evidence to enable the Authority to make the findings set forth in Section 159.29 of the Act, the Authority will, subject to Section 4(g) hereof, authorize the issuance of the Bonds, in one or more series, in the aggregate principal amount necessary and sufficient to finance the cost of acquiring, constructing and equipping the above-mentioned Projects and to retinanee the Existing Indebtedness as the Authority, the Corporation and the Hospital shall agree in writing (including costs of issuance of such Bonds), but in all events, the A-2 FED 2 3 1999 principal amount of such Bonds shall not exceed the lesser of (i) the amount determined by the Authority, the Corporation and the Hospital necessary to accomplish the foregoing, or (ii) $29,000,000. (b) The Authority will cooperate with the Corporation and the Hospital and with 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, the Corporation and the Hospital for the authorization, issuance and sale of such Bonds and the use of the proceeds thereof io finance the cost of constructing, acquiring and equipping the above-mentioned Projects, to refinance the Existing Indebtedness 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 (1) defraying the cost of completion, enlargements, improvements and expansions of any of the above-mentioned Projects, 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") among the Authority, the Corporation and the Hospital shall, under terms agreed upon by the parties, provide for payments to be made by the Corporation and the Hospital 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 above- mentioned Projects or that those facilities encompassed by such Projects 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 among the Authority, the Corporation and the Hospital or other agreements 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-3 FE , 2 3 ;999 (g) Issuance of the Tax-Exempt Bonds by the Authority shall be contingent upon (i) satisfaction of all of the provisions hereof and all provisions of the Intemal 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 above-mentioned Projects and to refinance the Existing Indebtedness and (ii) the approval by the Board of County Commissioners of Collier County in accordance with the provisions of Section 147(0 of the Code. 3. Undertakings on the Part of the Corporation and the Hospital. Subject to the terms hereof, the Corporation and the Hospital agree as follows: (a) The Corporation and the Hospital 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, the Corporation and the Hospital. (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, the Corporation and the Hospital shall agree in writing, the Corporation and the Hospital will enter into the Financing Agreements with the Authority, the terms of which shall be mutually agreeable to the Authority, the Corporation and the Hospital, providing for the loan or use of the proceeds of the Bonds to finance a portion of the costs of the above-mentioned Projects and to refinance the Existing Indebtedness. Such Financing Agreements will provide that the Corporation and the Hospital will be obligated to pay the Authority (or the trustee for holders of the Bonds on behalf of the Authority, 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 and the Hospital 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 above-mentioned Projects or the property financed by the Existing Indebtedness and refinanced with a portion of the proceeds of the Bonds. (d) To the extent not otherwise paid from Bond proceeds, the Corporation and the Hospital hereby agree 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 A-4 FE3 2 3 1999 Pg. I~ (e) The Corporation and the Hospital 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 any of the above-mentioned Projects or the property financed by the Existing Indebtedness and refinanced with a portion of the proceeds of the Bonds. (f) The Corporation and the Hospital agree 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 above-mentioned Projects or the property financed by the Existing Indebtedness and retinaneed with a portion of the proceeds of the Bonds or the issuance of the Bonds and the Corporation's or the Hospital'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 and the Hospital 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 and the Hospital 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, the Corporation and the Hospital. (a) The Authority shall be lawfully entitled to issue the Bonds as herein contemplated. (b) The Authority, the Corporation and the Hospital shall have agreed 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. 23 1999 (c) Rulings satisfactory to the Corporation, the Hospital and the Authority as to such matters with respect to the Tax-Exempt Bonds, the above-mentioned Projects, the property financed by the Existing Indebtedness, the Financing Agreements and any other trust instrument or instruments, if specified by the Authority, the Corporation and the Hospital, 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 Tax-Exempt Bonds. (d) Such other rulings, approvals, consents, certificates of compliance, opinions of counsel and other instruments and proceedings satisfactory to the Corporation, the Hospital and the Authority as to such matters with respect to the Bonds, the above-mentioned Projects, the property financed by the Existing Indebtedness, the Financing Agreements and any other trust instrument or instruments, as shall be specified by the Corporation, the Hospital or the Authority, shall have been obtained from such governmental, as well as non-governmental, agencies and entities as may have or assert competent jurisdiction over or interest in matters pertinent thereto and shall be in full force and effect at the time of issuance of the Bonds. (e) Compliance with all applicable provisions of Chapters 159, 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. (~ Notwithstanding 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 and the Hospital agree 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. (i) Receipt by the Corporation and the Hospital of all licenses and necessary approvals from the Florida Department of Insurance and any other applicable governmental authorities. If the events set forth in this Section 4 do not take place within the time set forth or any extension thereof, the Corporation and the Hospital agree that they will reimburse the Authority for all the reasonable and necessary direct or indirect expenses which the Authority may incur at the Corporation's or the Hospital's request arising from the execution of this FE2 2 Z 1999 Pg. \ '~ 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. Repealer and Binding Effect. This Agreement repeals and supercedes that Agreement dated January 15, 1999. All covenants and agreements herein contained by or on behalf of the Authority, the Corporation and the Hospital shall bind and inure to the benefit of the respective successors and assigns of the Authority, the Corporation and the Hospital 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 18th day of February, 1999. [Remainder of page intentionally left blank, signatures on following page] FEB 2 3 1999 pg. \~ COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY /s/ Chairman COMMUNITY HEALTH CARE, INC. /S/ [Title] MARCO ISLAND HOSPITAL, INC. Is/ [Title] A-s FE2 2 ~ 1999 Pg. ~ EXHIBIT A TO PRELIMINARY AGREEMENT DESCRIPTION OF PROJECTS AND EXISTING INDEBTEDNESS The Projects will consist of(a) financing a portion of cost of the construction and equipping of a two-story, approximately 24,000 square foot building, a portion of which will be used as a health care facility, which will include a cardiac wellness center and space for outpatient rehabilitation services, together with related site improvements (the "Marco Island Project"), (b) refinancing certain interim indebtedneis incurred in connection with (1) the refinancing of a commercial bank loan the proceeds of which were used to construct and equip a two- story, approximately 39,000 square foot building which houses a medical clinic operated by Collier Health Services, Inc., a Florida corporation not for profit, a laboratory, various administrative offices and various social service agency offices (the "Immokalee Health Park Project") and (2) the financing of a portion of the cost of the Marco Island Project, (c) refinancing certain additional interim indebtedness incurred in connection with the financing of a portion of the cost of the Marco Island Project, (d) refinancing certain indebtedness incurred in connection with the acquisition of certain real property (the "Marco Island Land Acquisition Project"), (e) refinancing certain interim indebtedness incurred in connection with the acquisition of a two-story, approximately 162,000 square foot building, a portion of which is used as a medical plaza which houses a wellness center, space for outpatient rehabilitation services, laboratory facilities, physician offices, clinical space and various administrative offices (the "Grand Central Station Project"), and (f) paying certain expenses incurred in connection with the issuance of the Bonds, including certain fees and expenses incurred in connection with credit enhancement for the Bonds. The "Existing Indebtedness" shall mean the indebtedness or interim indebtedness mentioned in the preceding paragraph. 2 1999 Pg. NapLes DaiLy News NapLes, FL 34102 ...... Affidavit of Publication Naples Daily News 343 PICKWORTH, DONALD P.A. 5150 TANIANZ TRL N #602 NAPLES FL 34103 REFERENCE: 010784 57822476 Notice of Heeling an State of Florida County of collier Before the undersigned authority, arsonally appeared B. Lamb, who on oath says t~at she serves as the Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, FLorida: that the attached copy of Advertising was published in said newspaper on dates Listed. Afftant further says that the said Naples Daily News is a newspaper published at Na lea, in said Collier County FLorida, and that t~e said newspaper has heretofore been continuously published in said Collier County, Florida, each n ~ day and has been entered as second class mail matter at the post office in Naples, in said a Collier County, FLorida, for a period of 1 year next receding the first publication of the attac~ed copy of advertisement' and affiant ors o~ further says that she has neither paid nor ..pay car- promised any person, firm or coporation any me Issu- discount, rebate, commission or refund for the purpose of securing this advertisement for : publication in the said newspaper. ~ PUBLISHED ON: 02/04 ~ Island AD SPACE: 212.000 INCH FILED ON: 02/0/,/99 Signature of Affiant " Sworn to and Subscribed before me this Z./ day of ~J~) 19_c~ ~ (/'6/ d ~""~""~. 3oyce E. Blazier :MY COMMISSION # CC70252! EXPIRES April 10, 2002 · ,,~}:,~" BONDED THRU TROY FNN INSURANCF, INC.. NO. EXHIBIT B FE: 2 3 1999 To IDA Resolution 2/18/99 pg._ EXECUTIVE SUMMARY PETITION NO. R-98-9, WAYNE ARNOLD, AICP, OF WILSON, MILLER, BARTON & PEEK, INC. REPRESENTING KONRAD MAYERHOFER, REQUESTING A REZONE FROM RSF-3 TO C-4 FOR PROPERTY LOCATED ON THE EAST SIDE OF S.R. 951 APPROXIMATELY 800 FEET SOUTH OF U.S. 41, IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 6.06 +/- ACRES. OBJECTIVE: The petitioner is desirous of rezoning the subject site from RSF-3, Residential Single Family, 3 dwelling units per acre, to "Co4" General Commercial, in order to develop a commercial shopping center in one (1) or more buildings totaling approximately 45,000 square feet of floor area. Commercial retail types of land uses are not permitted within the current RSF-3 zoning district. One way to achieve this is to rezone the subject property to a district which will allow the intended land use. 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 use unless otherwise restricted by the rezoning action. CONSIDERATIONS: The site is located within the Urban Mixed Use Activity Center designated area on the Future Land Use Map, located at the intersection of S.R. 951 and U.S. 41. Staff is of the opinion that a rezoning of the subject property to a C-4 zoning district is compatible with its surrounding environs. The U.S. 41 and S.R. 951 intersection is either developed with similar type of commercial land uses or zoned to allow commercial uses. Surrounding properties to the north, noaheast and noahwest are either zoned to allow commercial land uses, developed with commercial land uses or eligible to be rezoned to allow commercial land uses. The property to the east is vacant and zoned Agricultural. The property to the west, across S.R. 951, is zoned as Eagle Creek PUD, and is presently developed with 2- story multi-family structures and a golf course. The property to the noah is zoned C-4 and is currently undeveloped. Timing - There are no issues of timing inasmuch as the land is ripe for development as well as the entire surrounding environment, which is serviced with an optimum level of community infrastructure. PROS/CONS: Pros Rezoning of the site to allow commercial uses is consistent with the locational criteria for commercial rezoning as described in the FLUE in that it is located within the legally effective boundaries of the Activity Center surrounding the U.S 41 and S.R. 951 intersection. Rezoning to C-4 will maintain the mixed use character of the Activity Center as its present zoning and development patterns dictate. Approximately 550 ~et otr~.sEn, Y.~I.'~.· F E B 2 3 1999 the subject site will from on these roadways, providing superior access to the site for commercial uses. The stipulations contained in the Ordinance will facilitate interconnection between neighboring commercially zoned properties to the north and east. Cons None. FISCAL IMPACT: This rezoning by and of itself will have no fiscal impact on the County. However, if this rezoning is approved, the land could be timher developed. New development will result in a future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help off-set the impact of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee 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: 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 Mixed Use Activity Center designated area on the Future Land Use Map, located at the intersection of U.S. 41 and S.R. 951. A description of the meaning of the Urban Mixed Use Activity Center district in the FLUE advises that the types of uses shall be related to commercial zoning in locations where traffic impacts can readily be accommodated, to avoid strip and disorganized patterns of commercial development and to create focal points within the community. It should be noted that this rezoning petition to C-4 is consistent with the currently adopted boundaries of the activity center surrounding this intersection. However, as part of the Evaluation and Appraisal Report (EAR) based amendments to the County' s Growth Management Plan, the boundaries of this activity center, upon adoption of a Settlement Agreement between the State's Department of Community Affairs (DCA) and Collier County, are proposed to change. The proposed amendment to the Activity Center boundaries for this intersection, as transmitted to the State Department of Community Affairs (DCA), indicate that the proposed activity center boundary will abut the property adjacent to the subject property (to the north) along its northem property line and will exclude the subject site. Transportation Element - The ITE Trip Generation manual indicates that the proposed commercial facility will generate 5,098 trips per weekday (AADT) with 447 trip ends occurring during the p.m. peak hour. Based on this data, the site-generated traffic will exceed the significance test standard (5 percent of the LOS "C" design volume) on S.R. N~.~E-~T'~ F E B 2 8 1999 PO. C~ 951 north of the site to U.S. 41. However, this project will not lower the level of service below any adopted LOS "D" standard on any County road within the project's radius of development influence (RDI). The Traffic Circulation Element (TCE) lists this segment of S.R. 951 as a 4-lane road fronting the project. The current traffic count for this road is 27,326 ADT which results in LOS "B" operation. S.R. 951 south of New York Drive is a 2-lane road. The current traffic count for this road is 21,019 ADT, which results in LOS "D" operation. It should be noted that this 2-lane road segment is projected to be deficient within the year 2000. Since this segment is scheduled to be improved to 4 lanes, this project is deemed consistent with Policies 1.3, 1.4, 5.1 and 5.2 of the TCE. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's 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 February 5, 1999 meeting of the Collier County Planning Commission, the Commission voted unanimously to recommend approval of Petition R-98-9 to the Board of County Commissioners with the following stipulations: 1. In order to provide for the flow of vehicular, bicycle and pedestrian traffic to and from the subject property and the abutting property to the north, the subject property shall interconnect to the property to the north at a location on, at or along the east/west access easement recorded pursuant to the requirements of the stipulation outlined in Petition No. R-98-7. The petitioner shall pay for a proportionate share of the cost of the interconnection. If any existing landscape features, pavement or drainage facilities located on the property to the north are removed by the petitioner in constructing the interconnection, then the petitioner shall pay the cost of removal and repairing said portion of any pre-existing landscape feature, pavement or drainage facilities, at the point of the interconnection. 2. An appropriate portion of native vegetation shall be retained on site as required in Section 3.9.5.5.4. of the Collier County Land Development Code. 3. An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site, with emphasis on areas of retained native vegetation, shall be submitted to Current Planning Environmental staff for review and approval prior to final site plan/construction plan approval. 4. Permits or letters of exemption from the U.S. Army Corps of Engineers (ACOE) and the South Florida Water Management District (SFWMD) shall be presented prior to final site plan/construction plan approval. F E B 2 a 1999 Po. ~ 5. Subject to FDOT approval, the developer of the site and his successor in title shall provide a fair share contribution towards the installation of a traffic signal on S .R. 951 when deemed warranted by Collier County and FDOT. After installation, the signal shall be owned, operated and maintained by Collier County. 6. There shall be a minimum of a twenty (20) foot wide landscape buffer, exclusive and driveways and entry points, along the subject site's frontage along S.R. 951. 7. The developer agrees to submit the site development plans and landscape plans for the project entrance to the Eagle Creek Community Association, Inc. at least five (5) days prior to the submittal of the same plans to Collier County for Site Development Plan (SDP) approval. Such plans shall include a vegetative and architectural pallet for the project entrance which shall be compatible and complementary to the Eagle Creek entrance. 8. The developer agrees to assist in supporting the Eagle Creek Community Association in their request to the FDOT for a traffic signal at the existing full median opening on S.R. 951 that serves as the entrance to the Eagle Creek development and the subject site. PREPARED BY: /~USAN MURRA , AICP ~ DATE Y CH F PLANNER , AICP DATE CURRENT PLANNING MANAGER AP 0 BY: RO, AICiTM, STRATOR DATE COMMUNITY DEV. AND ENVIRONMENTAL SVCS. Petition R-98-9 Meyerhofer rezone. Tentatively scheduled for the February 23, 1999 BCC meeting. FEB 2 3 1999 AGENDA ITEM 7-F MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION DATE: JANUARY 11, 1999 RE: PETITION NO: R-98-9, Mayerborer APPLICANT/AGENT: Applicant: Konrad Mayerhofer 961 Winterberry Drive Marco Island, FL 34145 Agent: Wayne Arnold, AICP Wilson, Miller, Barton & Peek, Inc. 3200 Bailey Lane, Suite 200 Naples, FL 34108 And Anthony P. Pires, Jr., Esq. Woodward, Pires & Lombardo, P.A. 801 Laurel Oak Drive, Suite 710 Naples, FL 34108 REQUESTED ACTION: This petition seeks to rezone the subject property from "RSF-3" Residential Single Family, three (3) dwelling units per acre to "C-4" General Commercial, in order to develop structures to house commercial development in one (1) or more buildings totaling approximately 45,000 square feet of floor area. GEOGRAPHIC LOCATION: The subject site is located on the east side of S.R. 951, approximately 800 feet south of its intersection with U.S. 41. The site is presently vacant, and is located in Section 3, Township 51 South, Range 26 East. PURPOSE/DESCRIPTION OF PROJECT: The petitioner is desirous of developing structures to house commercial development ~ermim~DA; ewLhin by the General Commercial, C-4 zoning district. Commercial land uses are not permil: d ~ · ' ' the current RSF-3 zoning district. One way to achieve this is to rezone the subject pro ~erty to a F E B 2 3 1999 1 F E B g 1999J district that will allow the intended land use. However, it should be noted that 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 6.06 acre site is currently vacant. It has 550 feet of frontage on S.R. 951. Surrounding: North: The property to the north is zoned RSF-3, residential single family and is currently undeveloped but is under consideration for rezoning to General Commercial, C-4. South: The property to the south is zoned for RSF-3, residential single family and is currently vacant. East: The property to the east is zoned Agricultural, and is presently vacant. West: The property to the east, across S.R. 951 is zoned C-4 and PUD, Eagle Creek. The property is developed with commercial uses associated with the Shops at Eagle Creek. GROWTH MANAGEMENT PLAN CONSISTENCY: The site is located within the Urban Mixed Use Activity Center designated area on the Future Land Use Map, located at the intersection ofU. S. 41 and S.R. 951. A description of the meaning of the Urban Mixed Use Activity Center district in the FLUE advises that types of uses shall be related to commercial zoning in locations where traffic impacts can readily be accommodated, to avoid strip and disorganized patterns of commercial development and to create focal points within the community. It should be noted that this rezoning petition to C-4 is consistent with the currently adopted boundaries of the activity center surrounding this intersection. However, as part of the Evaluation and Appraisal Report (EAR) based amendments to the County's Growth Management Plan, the boundaries of this activity center, upon adoption of a Settlement Agreement between the State's Department of Community Affairs (DCA) and Collier County, are proposed to change. The proposed amendment to the Activity Center boundaries for this intersection, as transmitted to the State Department of Community Affairs (DCA), indicate that the proposed activity center boundary will abut the property adjacent to the subject property (to the north) along its northern property line and will exclude the subject site (see attached map). With respect to the revised activity center boundaries transmitted to the DCA as part of the EAR Growth Management amendments, staff recommends that should the CCPC forward this petition to the Board of County Commissioners with a recommendation for approval, that the CCPC also recommend to the BCC that the boarders of this activity center be re-reviewed as part of the Board's adoption hearings on the settlement agreement between DCA and the County, and/or re-reviewed as part of the remedial amendment process pursuant to any EAR-based Growth Management Plan amendments. The EAR-based amendments were transmitted to the approximately one (1) year ago. The amendments were structured such that each elern mt was set forth in a separate ordinance that could be approved independently by the DCA. Neve 'the~]~ 2 [I . 1999 although the DCA offered no objections to the Future Land Use Element, they have held up their approval of this element pending resolution of various issues in the Conservation and Coastal Management Element. Staff has been attempting to resolve these outstanding issues over the past six (6) months, however, it is not likely that a resolution to the outstanding issues will occur until late April or May of 1999. Regardless, the subject petition is presently consistent with the locational criteria for commercial zoning as it is presently adopted on the Future Land Use Map to the Future Land Use Element of the County's Management Plan. Regarding other applicable elements of the GMP, staff is of the opinion that a rezoning action from RSF-3 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 of historic/archaeological probability as designated on the official Collier County Probability Map. 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 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 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 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 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. N~o~.~L~ 1999 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, 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 Development Code provides for a zoning district(s) within the Urban Mixed Use Activity Center land use designation which permit uses characterized as commercial, like retail shopping centers which are generally located within commercial nodes at intersections of major roadways. 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 FLUE. It is not sufficient that a petition only need to show consistency with the GMP 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. The U.S. 41/S.R. 951 intersection is largely either developed with similar type of commercial uses, zoned to allow commercial uses, or eligible to be rezoned to allow commercial type of land uses. The subject site to the north, although presently zoned RSF-3, is within the currently approved activity center and is under consideration for a re-zoning to C-4. Development of this property is planned for a small commercial shopping center. Additionally, a Circle-K convenience store is located at the southeast comer of the intersection of U.S. 41 and S.R. 951. The property to the east is vacant, zoned Agricultural, is located within the current activity center boundaries, and will remain within the proposed activity center boundaries. The property immediately abutting the subject site to the north is located within the current activity center boundaries and is presently under staff review for a rezoning to General Commercial, C-4. Timing - There are no issues of timing inasmuch as the land is ripe for development as well as all of the surrounding environment which is serviced with an optimum level of community infrastructure. Traffic - The ITE Trip Generation manual indicates that the proposed commercial facility will generate 5,098 trips per weekday (AADT) with 447 trip ends occurring during the p.m. peak hour. Based on this data, the site generated traffic will exceed the significance test s~ percent of the LOS "C" design volume) on S.R. 951 north of the site to U.S. 41. How~ ver, this' FEB g ~ 1999 4 project will not lower the level of service below any adopted LOS "D" standard on any County road within the project's radius of development influence (RDt). The Traffic Circulation Element (TCE) lists this segment of S.R. 951 as a 4-lane road fronting the project. The current traffic count for this road is 27,326 ADT which results in LOS "B" operation. S.R. 951 south of New York Drive is a 2-lane road. The current traffic count for this road is 21,019 ADT which results in LOS "D" operation. It should be noted that this 2-lane road segment is projected to be deficient within the year 2000. Since this segment is scheduled to be improved to 4 lanes, 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 should forward this petition to the Board of County Commissioners with a recommendation for approval having the effect of rezoning certain lands fi'om "RSF-3", residential single family to "C-4" General Commercial as conditioned in the recommended Ordinance for Adoption and summarized below as follows. Also, staff recommends that the CCPC recommend to the BCC that the boarders of this activity center be re-reviewed as part of the Board's adoption hearings on the Settlement Agreement pursuant to the EAR-based amendments. 1. Development of the site shall incorporate a recorded access easement which provides an access road running east and west and an interconnect to the property abutting the site to the east and shall facilitate interconnectivity between the subject site and the property(s) abutting the site to the east which are located within the activity center boundaries as amended. Cost of providing the interconnects shall be a fair share proportional cost between property owners of all sites. 2. Development of the site shall incorporate a recorded access easement which provides an access road running north and south and an interconnect to the property abutting the site to the north and south and shall facilitate interconnectivity between the subject site and the properly abutting the site to the north and south. Cost of providing the interconnects shall be a fair share proportional cost between property owners of each site. 3. The petitioner shall submit an Environmental Impact Statement simultaneously with the submittal of either a preliminary subdivision plat, minor subdivision or site development plan, whichever occurs first, as required in Section 3.8.3. of the Colher County Land Development Code. 4. An appropriate portion of native vegetation shall be retained on site as required in Section 3.9.5.5.4. of the Collier County Land Development Code. 5. An exotic vegetation removal, monitoring, and maintenance (exotic flee) plan for the site, with emphasis on areas of retained native vegetation, shall be submitted to Current Planning Environmental staff for review and approval prior to final site plan/construction plan approval. FEB 2 3 1999 Po. 6. Permits or letters of exemption fi'om the U.S. Army Corps of Engineers (ACOE) and the South Florida Water Management District (SFWMD) shall be presented prior to final site plan/construction plan approval. PREPARED BY: //~USAN MURRAY, AICP .9/' DATE H1EF PLANNER I [. .q q ~ 5NALDh~.~O, A~CP DATE CURRENT PLANNING MANAGER R ERE, AICP DATE PLANNING SERVICES DEPARTMENT DIRECTOR VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. Petition Number: R-98-9, Mayerhofer Staff Report for February 4, 1999 CCPC Meeting. NOTE: This Petition has been tentatively scheduled for the February 23, 1999 BCC Meeting. COLLIER C UNT~ISSION: Z~T, CHAI~ERSON 1999 REZONE FINDINGS FOR PETITION R-98-9 Section 2.7.2.5. of the Collier County Land Development Code requires that the report and recommendations of the Planrang 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. 2. The existing !and use pattern. Pro/Con: Evaluation not applicable. Existing: The subject 6.06 acre site is currently vacant. It has 550 feet of frontage on S.R. 951. Surrounding: North: The property to the north is zoned RSF-3, residential single family and is currently undeveloped but is under consideration for rezoning to General Commercial, C-4. South: The property to the south is zoned for RSF-3, residential single family and is currently vacant. East: The property to the east is zoned Agricultural, and is presently vacant. West: The property to the east, across S.R. 951 is zoned C-4 and PUD, Eagle Creek. The property is developed with residential and commercial uses associated with the Shops at Eagle Creek. Summary Findinlls: The proposed rezoning and subsequent use of the property for commercial development is compatible with the surrounding properties which are either developed with non-residential uses to the north, similar type of commercial ~ses t~~ east, or properties to the west and south which are eligible to be rezoned for :ommercial land uses due to their current location within the activity center boundaries. FEB g 3 1999 7 ~ 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; Pro/Con: Evaluation not applicable. Summary Finding_s: 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 west are developed with uses permitted in the C-4 zoning district. The property to the north is currently under staff review for a rezoning to C-4. The properties to the east, while currently zoned Agriculture, are eligible, due to their location within the Activity Center boundary, to be rezoned for commercial land uses. These properties fi'ont U.S. 41 and it is highly unlikely they would be developed for residential type of land uses. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Pro/Con: Evaluation not applicable. Summan' Findings: 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 purposes related to nearby commercial land uses and located within an activity center boundary which is consistent with the Mixed Use Activity Center land use designation. 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 GMP remains consistent. Con: The Board of County Commissioner's has transmitted EAR-based amendments to the FLUE including the FLUM which when legally effective upon adoption of a settlement agreement will have the effect of altering the current adopted boundaries of the Activity Center Future Land Use designation at the intersection of U.S. 41 and S.R. 951. Should this petition be submitted after the effective date of those amendments, as they were transmitted, the subject site would no longer be consistent with the locational criteria for commercial land uses. However, this does not render the site undevelopable under its current zoning classification. Summary~ Findini~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 presently remains consistent. F E B g 3 1999 8 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. The proposed change will have the affect of permitting a commercial land use on the property, similar to surrounding properties also located within the same Activity Center. 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 land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Pro: Development of the subject property is consistent with 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 GM~ 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 utiliz~ata. tav, of land fc;'r some land use activity is scrutinized and required to mitigate all su ~ace °' drainage generated by developmental activities as a condition of approval. ~ is project FEB 2 3 1999 9 was reviewed for drainage relationships upon original 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 adjacent areas: Pro/Con: Evaluation not applicable. Summary Findings: All projects in Collier County are subject to the development standards that are unique to the zoning district in which it is located. These development standards and others apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) and were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. The criteria goveming 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. Summan' 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. 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. FEB 2 3 1999 10 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: 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 opportunity 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 Findines: 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 within this Activity Center which have the potential to be zoned to accommodate the proposed development. This is not the determining factor when evaluating the appropriateness of a rezoning decision. The determinants of zoning is 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 Finding_s: The site is currently undeveloped. The normal disruption of property attendant to the development phase is to be expected. To this extent the current 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. FEB 2 3 1999 12 ..... 2.~Qi:~ANCE NO. 59- AN ORDINANCE AMENDING ORDINANCE NIIMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPO.~ATED A~EA CF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 1603N BY CHANGING THE ZONING CLASSIFICATICN OF THE HEREIN DESCRIBED PROPERTY LOCATED ON THE EAST SIDE OF S.R. 951 APPROXIMATELY 800 FEET SOLTTH OF U.S. 41, IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, FROM "RSF-3" TO "C-4" FOR GENERAL COMMERCIAL USES; PROVIDING FOR STAFF AND PLANNING COMMISSION STIPULATIONS; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Wayne Arnold, AiCP of Wilson, Miller, Barton & Peek, Inc., representing Konrad Mayerhofer, petitioned the Board of County Commissioners ue change the zoning classification cf the herein described real property; NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION ONE: The zoning ciassification of the real property as more particularly described by Exhibit "A", attached hereto and incorporated by reference herein, and located in Section 3, Township 51 South, Range 26 East, Collier County, Florida, is changed from "RSF-3" to "C-4" and the Official Zoning Atlas Map Number !603N, as described in Ordinance 91-102, the Collier County Land Development Cede is hereby amended accordingly. The herein described real property is the same for which the rezone is hereby approved subject to the following conditions: 1. Petitioner shall submit an Environmental Impact Statement simultaneously with the submittal of either a preliminary subdivision plat, minor subdivision or site development plan, whichever occurs first. 2. Permits or letters of exemption from the U.S. A_vmy Corps of engineers (ACOE) and the South Florida Water Management District (SFWMD) shall be presented prior to final site plan/construction plan approval. 3. An appropriate portion of native vegetation shall be retained on site as required under the applicable subsections of Section 3.9.5.5 of the Collier County Land Development Code. 4. An exotic vegetation removal, monitoring, and areas of retained native vegetation, shall be submitted ;iannmng Env=rcnmennal Staff fzr roymew and approval mrmor :z fznai szte plan/ccnstruczlsn Lian approval. 5. leveicpment cf the site snat! incorporate a recorded access easement whcch provides an access road running east and west and an Ln~erconnectmon to the property abutting the s~te to :he easE. Said easement shail facilitate such :nterconnectlon ~e~ween the sub]oct sc~e and the property abutting the si:e zo the east which are icca~ed within the activity center boundarles. The cost of providing the interconnections shall be a fair share proportional cost between the property owners of all the affected sites. 6. Development of the site shall incorporate a recorded access easement which provides an access road ru/%ning north and south and an interconnection to the property abutting the site to the north and south. Said easment shall facilitate such interconnection between the subject site and the property abutting the site to the north and south. The cost cf providing the interconnection shall be a fair share proportional cost allocated between the property owners of each cf the affected sltes. SECTION TWO: Thls Crdlnance shall become effective upon filing with the Department cf SZaze. PASSED AND DLF~Y ADOPTED by the Board of County Commmss~cners of Coliler County, Florida, this day of , 1999. BOkRD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: PAMELA S. MAC'KIE, CHAIRWOMAN ATTEST: DWIGHT E. BROCK, CLERK APPRCVED AS TO FOP~M ;_XrD LEGAL SUFFICIENCY MARJOPjE M. STUDENT ASSISTANT COUNTY ATTORNEY f/R - 98 - 9 REZONE ORDINANCE/ F E B g 3 1999 E X h 1 'z i t 2 a ci e ~ c: f '- - ' R-98-? i -~-=~mz .... ~PARCEL 2" A.t~-act or parce~ o~ land lylnq [n Section ), Tovnship 5t ~'outh, Range ;6 rest0 ColX~er County. reDride bein~ more particularly descried as Be~Lnn~n~ at the tnte~sect[on o: the cXd east r[lht-o(' .vay Z[ne o~ State Road 951 {100 (Dot right-o(-vay) and the ,south ~ght-o~-vay X[ne o~ U.S. ~1 (200 ~oot rtqht- o~-vay) '=un S 02' 2~' 03' ~ along the oXd r~qht-o(-vaY line ~or 370.2{ {met; thence run S ~7' 31' 51' E 45.20 ~et tO an tritersection vtth the nev r[~ht-o(-vay line o~.saLd State Ro~6 ~5t; thence run S 04' 09' 4(- w a~ong sa~d nev r~ht-o~-vay 1~ne (or)t(.G~ ~eet to the PoLnt o~ Beginning. 2~4.37 (eat; thence c~n S 54' 2L' 4G- E [or e2X.1G (eet :o a Ztne vhLch [s ~320,00 feet south DE the center the ~n~etseCCLon oC said State Roa~ ~51 and U.S. ~ I; thence ~n due ~emt ~or 961.1O CeeC to an ~ntetsectton vLth the nay tight-De-ray ttne o~ saLd State Road thence run H O4. O9' ((' C alon~ sa~d hey rtqht-o(-vaY tLne Zor 48~.39 :eet to the Potnt o~ BeqJnn~nq, LESS AND EXCEPT THE rObLOuIlaC UESCRIBED PARCEU .. ~ N~. RI~T~-WAY UN~ ~ ~D SrA ~ ROAD 951; ~ RUN ~ S~O P~NT ~ 8~gNNING, RUN S 89'42'~* ~ F~ 26~.37 TO A' P~N~ ~ '~S N~'~r ~T-~-H~Y UN~ ~ STA~ ROA': EB~ 31999 ~ RUN N, ~'~' ~ AL'~C $NO ~S~Y RI~T--OF--WAY Description of Pan of Section 3, Township 51 South, _ Range 26 East, Collier County, Florida ' Proposed Ingress-Egress Parcel All that pan of Section 3, Township 51. South, Range 26 East, Collier County, Florida bei~'~' particularly described as follows: Commencing at the East 'A comer of said Section 3; thence along the east line offfie souffieast ~ of said Section 3, South 00°40'54'' Ea~ 1363.32 feet to a point on the southerly right-of-way line of U.S. 41 (Tamiami Trail); thence along said line, North 54020, 16" West 4597.95 feet to a point on the east right-of-way line of State Road 951; thence along said line, South 35039, 14" West 50.06 feet; thence continue along said line, South 02028'34" West 292.3 1 feet; thence continue along said line, South 87°31'26" East 18.2! feet; thence continue along said line, South 04°I0'21'' West 796.17 feet to the Point of Beginning of the parcel herein described, said point lying on the north line of Parcel #1 of Official Record Book .---- 2171, page 2096, Public Records of Collier County, Florida; thence along said north line, South 89°59'29'' East 100.00 feet; thence leaving said line, South 04°10'2 l" West 300.00 feet; thence North 89°59'29'' West 100.00 feet to a point on the east right-of-way line of said SR 951; thence along said line, North 04°10'21'' East 300.00 feet to the Point of Beginning of the parcel herein described. Subject to easements and restrictions of record. Containing 0.69 acres more or less. Bearings are based on the southerly line of U.S. 41 Tamiami Trail being North 54020, 15" West. Certificate of authorization #LB'~43. WILSON, MILLER, BARTON & PEEK, INC. Registered Engineers and Land Surveyors By:. Da~e P.S.M. #3934 icl unless ~mbossed with the Professional's seal. Ref. IJ-10 03 118-000-O00 MASLD Date: October 29, 1998 '~F/ILSON, MILLER, BARTON & PEEK, INC. ~2oo s.n., L.~. S.i. ZOO. ~.p~.. modal. 34,OS-eS07- Pt, 94,-6,9-4040 F. 94~-643. mq:E B 2 3 1999 Web Si-,* ,s' ~,, ~ ~ . \ \"' POINT OF COAIt. tENCEAiIENT ~ RIOliT OF WAY LINE ~" "fz u~ vi PARCEL DESCRIBED CONTAINING 0.69 ACRES+/- ,'4 ~ PARCEL 1 ~ ,~ O.R. BOOK 217 I, PAGE 2096 N.8~'~'~'W. - r.,gNEItAL NOTES ~ U.S. 41 r~l ~L BB~ N.H'20'I~W. _ 9 . L513 34 ~ ~"=~' OF AU~ORI~nON I ~-~3 SEE A~A~B FOR ..... ~'~ .e NOT A SU~ ~ KON~ ~HO~ APPLICATION FOR' PUBLIC HEARING FOR: STji~~~ NOV 17 Petition No.: ~''' R g 8 - 0 .q Date Petition Received: Commission District: Planner Assigned: .~./&4A; ~7 dt~-,~y ~ ABOVE TO BE COMPLETED BY STAFF __ 1. General Information: Name of Applicant(s) Konrad Mayerborer Applicant's Mailing Address 961 Winterberry_ Drive City Marco Island State Florida Zip 34145 c/c> Maury Dailey Applicant's Telephc>ne # 394-8838 Fax # 394-7159 Wayne Arnold, AICP Wilson, Miller, Barton &Peek, Inc. Name of Agent Anthony P. Pires, Jr., Esq. Firm Woodward, Pires & Lumbardo, P.A. 3200 Bailey Lane, Suite 200, Naples, FL 34105 Agent's Mailing Address 801 Laurel Oak Drive, Suite 710, Naples, FL 34108 City State Zip (941) 649-4040 (941) 643-5716 Agent's Telephone # (941) 566-3131 Fax # (941.) 566-3161 COLLIER COUNTY COMMUNITY DEVELOPMENT ...._ PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE-NAPLES, FL 34104 ,~SE~:t~p PHONE (941) 403-2400/FAX (941) 643-6968 F E B 2 8 1999 APPLICATION FOR PUBLIC HEARING FOR STANDARD lIEZONE - 10/98 PAGE 1 OF 16 p,~. a~q Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: N/A ' Mailing Address City State __ Zip Name of Homeowner Association: Mailing Address City State __ Zip Name of Homeowner Association: Mailing Address City State __ Zip. Name of Master Association: N/A Mailing Address City State __ Zip Name of Civic Association: N/A Mailing Address City State __ Zip 2. Disclosure of Interest Information: a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership Robert E. Smith See 2(c) below herein Gary_ L. Smith See 2(c) below herein PAGE 2 OF 1 b. If the property is owned by a CORPORATION, list the officers and stockholders and ' the percentage of stock owned by each. Name and Address, and Office Percentage of Stock c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Interest Gary Smith, 252 E. Dunedin Rd., Columbus OH 04314 25% Robert Smith, 1056 Smith Rd., Columbus OH 43207 25% Muriel Smith 25% Trust B (56% of the 25%) c/o Robert & Gary Smith Trust A-2 (4-4% of the 25% c/o Robert &Gary Smith 25% d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE-10/98 FF.B 2 3 1999 PAGE 3 OF 6 Name and Address Percentage of Ownership Konrad Mayerhofer 100% 961 Winterberry Drive Marco Island, FL 34145 Date of Contract: October 2, 1998 ' f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address g. Date subject property, acquired [] leased [] N/A Term of lease yrs./mos. If, Petitioner has option to buy, indicate date of option: and date option terminates: , or anticipated closing date h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. 3. Detailed legal description of the property_ covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section: 3 Township: 51S Range: 26E Lot: N/A Block: N/A Subdivision: N/A Plat Book N/A Page #: N/A Property I.D.#: 725841007 Metes & Bounds Description: See Legal Descriptions Attached as Exhibits ", i-l" ~noA~/,~ "A-2 .o./, APPLICATION FOR PUBLIC HEARING FOR STANDARD lIEZONE- 10/98 F E B 2 3 199~C5 PAGE 40 16 ~. ,,~.7 _ Size of property_: ft. X ~. = Total Sq. Ft. Approx. Acres 6.06 See attached sketch attached as Exhibit A-3 5. Address/~,eneral location of subject property: Located on east side of S.R. 951, approximately 800 feet south ofU. S. 41 (S.R. 90) 6. Adjacent zoning and land use: Zoning Land use N RSF-3, A, C-2 Utility switching station, vacant S RSF-3 Vacant E A; C-2 Vacant W C-4, PUD Shopping Center 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: 3 Township: 51S Range: 26E Lot: N/A Block: N/A Subdivision: N/A Plat Book N/A Page #: N/A Property I.D.#: 725841007 Metes & Bounds Description: See Sketch attached as Exhibit C 7. Rezone Request: This application is requesting a rezone from the RSF-3 zoning district (s) to the C-4 zoning district(s). Present Use of the Property: Vacant Proposed Use (or range of uses) of the property: All uses within the C-4 district. ar'-END~J,T~ APPLICATION FOr PUBLIC HEARING FOR STANDARD REZONE- 10/98 F E B 2 3 1999 PAGE 5 OF 6 ~ 5. Evaluation Criteria: Pursuant to Section 2.7.2.5. of the Collier County Land Development Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission' s recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. - See Attached Schedule 1 Narrative 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. 2. The existing land use pattern. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. 4. Whether 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 (fezone) necessary. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, in cluding 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. APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE- 10/98 ~'~' B 2 3 1999 PAGE 6OF 16 _c~__/O 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 find 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 the range of potential uses under the proposed zoning classification. 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. 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. 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? No. 11. Additional Submittal requirements: In addition to this completed application, the following shall be submitted in order for your application to be deemed sufficient, unless otherwise waived during the pre-applieation meeting. a. A copy of the pre-application meeting notes; b. If this rezone is being requested for a specific use, provide fifteen (15) copies of a 24" x 36" conceptual site plan [and one reduced 8~A'' x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Addition; Ltion the plan may be requested upon completion of staff evaluation for distrib F E B g a 1999 APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 10/98 Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; · all existing and proposed structures and the dimensions thereof, · provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), ' · all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], · required yards, open space and preserve areas, · proposed locations for utilities (as well as location of existing utility services to the site), · proposed and/or existing landscaping and buffering as may be required by the County, · An architectural rendering of any proposed structures. · An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land Development Code (LDC), or a request for waiver if appropriate. b. 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 identi~cation shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. Additionally, a calculation of the acreage (or square feet) of native vegetation on site, by area, and a calculation and location(s) of the required portion of native vegetation to be preserved (per LDC Section 3.9.5.5.4.). c. Statement of utility provisions (with all required attachments and sketches); d. A Traffic Impact Statement (TIS), unless waived at the pre-application meeting; e. 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); f. Any additional requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to any required state or federal permits. FEB 3 1999 APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 10/98 PAGE 8 O1 16 p~..~/-~_ TRAFFIC IMPACT STATEMENT (TIS): A TIS is required unless waived at the pre-application meeting. The TIS required may be either a major or minor as ' determined at the pre-application meeting. Please note the following with regard to TIS submittals: MINOR TIS: Generally required for rczone requests for property less than 10 acres in size, although based on the intensity or tmiquc character of a petition, a major TIS may be required for petition of ten acres or less. ' MAJOR TIS: Required for all other rczone 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 ~.ssignment: Within Radius of Development Influence (RDI) 3. Existing Traffic: Within KDI AADT Volumes PSDT Volumes Level of Service (LOS) 4. Impact of the proposed use on affected major thoroughfares, including any anticipated changes in level of service (LOS). 5.Any proposed improvements (to the site or the external fight-of-way) such as providing or eliminating an ingress/egress point, or providing turn or decel lanes or other improvements. 6. Describe any proposal to mitigate the negative impacts on the transportation system. 7. For Rezones Only: State how this request is consistent with the applicable policies of the Traffic Circulation Element(TCE) of the Growth Management Plan (GMP), including policies 1.3, 1.4, 4.4, 5.1,5.2, 7.2 and 7.3. A Major TIS shall address all of the items listed above (for a Minor TIS, and shall also include an analysis of the following: 1. Intersection Analysis 2. Background Traffic 3. Future Traffic 4. Through Traffic 5. Planned/Proposed Roadway Improvement 6. Proposed Schedule (Phasing) of Development ,~o.°~.n_/~,~ voa rul uc voa s'r,.m. E B 2 3 1999 PAGE 9 OF 6 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 conformante with the acceptable traffic engineering principles. The rates published in the latest edition of the Institute of Transportation Engineers (ITE) Trip Generation Report shall be used unless documentation by the petitioner or the County justifies the use of alternative rates. 2. Trip Assignment: Provide a map depicting the assignment to the network, of those trips generated by the proposed project. The 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 cun'ent traffic conditions on all links within the RDI. The AADT, PSDT, and LOS shall be depicted for all links within the RDI. 4. Level of Service (LOS): The LOS of a roadway shall be expressed in terms of the applicable Collier County Generalized Daily Service Volumes as set forth in the TCE of the GMP. 5. Radius of Development Influence (RDI): The TIS shall cover the least of the following two areas: a) an area as set forth below; or, b) the area in which traffic assignments from the proposed project on the major thoroughfares exceeds one percent of the LOS "C". Land Use Distance Residential 5 Miles or as required by DRI Other (commercial, 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. F E B 2 3 1999 APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 10/98 ~ PAGE 10 OF ~ 6 --- 6. Intersection Analysis: An intersection analysis is required for all intersections within the RDI where the sum of the peak-hour critical lane volume is projected to exceed 1,200 Vehicles Per HoUr (VPH). 7. Background Traffic: The effects of previously approved but undeveloped or partially developed projects which may affect major thoroughfares within the RDI of the proposed ' project shall be provided. This information shall be depicted on a map or, alternatively, in a listing of those projects and their respective characteristics. 8. Future Traffic: An estimate of the effects of traditional increases in traffic resulting from potential development shall be provided. Potential development is that which may be developed maximally under the effective Future Land Use Element (FLUE) and the Collier County Land Development Code. This estimate shall be for the projected development areas within the projects RDI. A map or list of such lands with potential traffic impact calculations shall be provided. 9. Through Traffic: At a minimum, increases in through traffic shall be addressed through the year 2015. The methodology used to derive the estimates shall be provided. It may be desirable to include any additional documentation and backup data to support the estimation as well. 10. Planned/Proposed Roadway Improvements: All proposed or planned roadway improvements located within the RDI should be identified. A description of the funding commitments shall also be included. 11. Proiect Phasing: When a project phasing schedule is dependent upon proposed roadway improvements, a phasing schedule may be included as part of the TIS. If the traffic impacts of a project are mitigated through a phasing schedule, such a phasing schedule may be made a condition of any approval. TIS FORM RVB/RJM 10/17/97 APPLICATION FOR PUBLIC HEARING FOR STANDARD REZ, ONE-10/98 FEB 2 3 999 PAGE 110t 16 STATEMENT OF UTILITY PROVISIONS FOR ST/tND.4RD REZONE REQUEST 1. NAME OF APPLICANT: 2. MAILING ADDRESS: CITY STATE ZIP 3. ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): 4. LEGAL DESCRIPTION: Section: Township: Range: Lot: Block: Subdivision: Plat Book Page #: Property I.D.#: . Metes & Bounds Description: 5. TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): a. COUNTY UTILITY SYSTEM [] b. CITY UTILITY SYSTEM [] FRANCHISED UTILITY SYSTEM [] PROVIDE NAME c. PACKAGE TREATMENT PLANT [] (GPD capacity) a. SEPTIC SYSTEM [] 6. TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM E3 b. CITY UTILITY SYSTEM [] c. FRANCHISED UTILITY SYSTEM [] PROVIDE NAME AaEsy;/X~ APPLICATION FOR PUnLIC HEARING FOR STANDARD REZONE- 10PlS S E S 2 3 1999 PAGE 12 OF 16 p.. ~, d. PRIVATE SYSTEM (WELL) [] 7. TOTAL POPULATION TO BE SERVED: 8. PEAK AND AVERAGE DAILY DEMANDS: A. WATER-PEAK AVERAGE DAILY B. SEWER-PEAK AVERAGE DAILY 9. IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: 10. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of effluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided fi'om tests prepared and certified by a professional engineer. 11. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries &Collier County' s utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities th~ water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. 12. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any prorider other than the County, a statement fi'om that prorider indicating that there is adequate capacity to serve the project shall be provided. Utility Provision Statement RIM 10117/97 F E S 2 3 1999 APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 10/98 PAGE 13G 16 Pet STANDARD REZONE APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! REQUIREMENTS # oF COPIES REQUIRED REQUIRED 1. Completed Application 15 2. Copy of Deed(s) and list identifying Owner(s) and all 1 Partners if a Corporation 3. Completed Owner/Agent Affidavit, Notarized 1 4. Pre-application notes/minutes 15 5. Concepthal Site Plans 15 6. Environmental Impact Statement - (EIS) 4 7. Aerial Photograph - (with habitat areas identified) 4 8. Completed Utility Provisions Statement (with required 4 attachments and sketches) 9. Traffic Impact Statement - (TIS) 4 10. Historical & Archaeological Survey or Waiver 4 Application 11. Copies of State and/or Federal Permits 4 12. Architectural Rendering of Proposed Structure(s) 4 13. Application Fee, Check shall be made payable to - Collier County Board of Commissioners Other Requirements - As the authorized age t/a ' ant for this petition, I attest that all of the information indicated on this checklist is included in this su packa . understand that failure to include all necessary submittal information may I~ate ~ APPLICATION FOR PUBLIC HEARING FOR STANDARD lIEZONE-10/98 FEB 2 3 1999 PAGE 14 )F 16 AFFIDAVIT M. Smith Trust, being first duly sworn, depose and say that we/I am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We/I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner We/I further authorize Wayne Arnold, AICP, of Wilson, Miller, Barton and Peek, and Anthony P. Pires, Jr., of Woodward, Pires & ombardo, .A., to t as ourZ representative in any_ atters regarding this Petition.. SR.u~teu~ oypr~i Li nie~d;v idually ner Y of the Clifford Smith Trust and of the Clifford Smith Trust and the Muriel M. Smith Trust the Muriel M. Smith Trust ~ V.~X~ P~.~lt~IM.-I-~ ~ as identification. *individually and as Co-Trustees, State of County of (Signature of Nota~ Public - State of ~TARY ~UBUC ATTORNEY AT tAW Name of Nota~ PubZiO F E B 2 3 1999 APPLICATION FOR PUBLIC HEARING FOR STANDARD REXONE - 10/98 PAez ~ s oF ~ 6 .o ~ cog' AFFIDAVIT We/I, Konrad Mayerhofer, being first duly sworn, depose and say that we/I am/are the Applicant/contract purchaser of the property described herein and which is the subject matter of the proposed hearing,' that all the answers to the questions in this application, including the disclosure of interest information, aH sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We/I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As Applicant/contract purchaser We/I further authorize Wayne Arnold, AICP, of Wilson, Miller, Barton and Peek, and Anthony P. Pires, Jr., of Woodward, Pires & Lotnbardo, P.A., to act as our/my representative in any matters regarding this Petition. ~on;a~t Mayerhofer ' / I The foregoing instrument was acknowledged before me this//.Z~'~,/~ day of 7[-~'- , ~ . , 19,~2~ by Konrad Mayerhofer, who are personally known to me oh- ,t;a~'c produced State of -~- .~% q~a(~ ~_,- l([L~JlrMy CommiMion CC738901 Name of Notary Public) F v 2 3 999 APPLICATION FOR PUBLIC HEARING FOR STAdNDARD REZONE - 10/98 PAGE 16 OF 16 ,,, ~_ _- ..... r -' -' - · c~,~T; ~oA. ',cl,c· ~c .~A~Y ~Sc~.~ r~,'" ' ~..,.*. :'[ . -.- . -.-...-. . .. .. .... .. _ sCcn~ 3. ton A DIStanCE ~ 13~3.32 rCCr TO A ~t ~ ~C ' ' $~NCfiL~'Rt~T-Or-~Y LINC ~ S(ATC R~O F~ R TA~A~ IRAIL H..~4-Z0'16- ~.. AL~C THe S~NCR~Y R~r~--~AT ~( ~ SLAT( S. 3S'~'44' ~. AL~C TIIC '(ASTC~Y ~ICIIF--Or--WAY ~ '~ C~. A~C ~M0 C~SqRLY RICHr-~-WAY L~(. F~'A DIST~C( r:cr: TNC--C[ RUN S. e;'3t'2,' C:, AL~C SA~ (AS~T RfOlr-Of-- ~NO HC~[m~ OCS~lgC0: ~(~CC RU~ S- e$~'2t* C. ~ ~66.~0 /CO[-TO A P~T 400.00 F(CT S~IIIK31(~ AT nIGHt AUCL(5 70. ~C ~RLY RICHTer--WAY ~ ~ STA~ ROAO rCCT; ~CHCC RU~ H. 6g'SS'Tg' v. FOR A Df~lAd~ ~ IJ~3.~, ~UII N. OqlO't7' C, ALO/IC ~10 ~AST~LT RI~T-O/-WAY U~C. f~ .. * ' "PARC~ 2' A. t~ect or pereel e~ lled irJeq ~n fectleP 1,- TevelhJp .vmy [[ne o[ ~te~q Road ~31 (tOo Ceet rJl~-e~-veyl or-vet/-~n S ~3' 31' O)' V elon~ the wtd r[~ht~l-~eT line rot 37o.24 Ce~; thence nn I I1' )!' .Jr' x).10 I~e~ to en !ntermectlen rich the nmv dg~t~c-v,r ' 3l(.)7 leeri ~henCq r~fi $ 14. 3J' 46' C let 121,11 lee~ .- '. ,,,..00 ,.., ..,.., ,....,.,., the I el, n e[ eeld ]tmte momd l~[ end Less ~o czcctr TnC rOLL~I.C DCSC~teCO r~AcC~ · "'~?n~ ~ ~Cn~ J, TOHN~/P' 51. s~ ~/~ ~C N~.RI~F-~--WAY U~E '~ ~O $EA~ R~D. ~51: ~ S~0 P~r ~ OEONHINC. RUN S 8~'~'~' ~, ~ 26~.~7 ~ RUN S ~l'as' E 4 o/sr~ ~ S~ ~ DI~ RUN .~ ~'l~ ~ A ~sr~ ~ 2t7.-~7 ~ ~ RUN H. 89'42'~' ~ A ~$r~ ~ I~ ~ ~r To A: Pan~ ~ '~C Ner~r ~r-~-H~r u~ ~ sr4~ RO~ SSt: DI~ ~H N. 04~'45' ~ AL~C $gO ~$~'r ~r-~A y UHE Description of Part of Section 3, Township 51 South, Range 26 East, Collier County, Florida Proposed Ingress-Egress Parcel All that part of Section 3, Township 51. South, Range 26 East, Collier County, Florida being more particularly described as follows: Commencing at the East 'A corner orsaid Section 3; thence along the east line of the southeast ¼ of said Section 3, South 00°40'54" East 1363.32 feet to a point on the southerly right-of-way line of U.S. 41 (Tamiami Trail); thence along said line, North 54020, 16" West 4597.95 feet to a point on the east right-of-way line of State Road 951; thence along said line, South 35039, 14" West 50.06 feet; thence continue along said line, South 02°28'34" West 292.31 feet; thence continue along said line, South 87°31 '26" East 18.21 feet; thence continue along said line, South 04°10'21" West 796.17 feet to the Point of Beginning of the parcel herein described, said point lying on the north line of Parcel #1 of Ofticial Record Book 2171, page 2096, Public Records of Collier County, Florida; thence along said north line, South 89°59'29'' East 100.00 feet; thence leaving said line, South 04°i0'21'' West 300.00 feet; thence North 89059'29" West 100.00 feet to a point on the east right-of-way line of said SR 951; thence along said line, North 04°10'21'' East 300.00 feet to the Point of Beginning of the parcel herein described. Subject to easements and restrictions of record. Containing 0.69 acres more or less. Bearings are based on the southerly line of U.S. 41 Tamiami Trail being North 54020' 15" West. Certificate of authorization #LB~43. WILSON, MILLER, BARTON & PEEK, INC. Registered Engineers and Land Surveyors hn E. o~twell, P.S.M. #3934 less embossed with the Professional 's seal. ReEI J-10 03 118-000-000 MASLD Date: October 29, 1998 WILSON, MILLER. BARTON & PEEK. INC. 3200 Bailey Lane, Suite 200, Naples, Florida 34105-8507' Ph 941-6494040 Fx 941-643-5716 V'~EE~ 2 3 ]999 Web Site: www. wilsonrniller. com E-mail: naples~wiLsonmiller. com PARCEL DESCRIBED CONTAINING 0.69 ACRES+,/- ,p,, ~ PARCEL 1 ,b b O.R. BOOK 2171, PAGE 2096 N. 89 '59 '29 "W. GENERAL NOTES I. BEARINGS ARE BASED ON THE SOUTHERLY LINE OF U.S. 41 TAMIAMI TRAIL BEING N. 54*20'lS"W. ~~ -/~_-Z-~ 2. DIMENSIONS ARE IN FEET AND DEClU, q_S THEREOF. · .~UTWELL. P.S.M. LS~3934'b~ ~' OF AUTHORIZATION ~ LB-43 SEE A~ACHED FOR LEGAL DESCRIPTION ~ ~n~s~ .... s~~~~;~~_ MR KON~ ~RHOFER PRO~ INGRESS/EG~SS 8. Evaluation Criteria: - The subject application seeks to rezone approximately six acres of RSF-3 zoned property to C-4, General Commercial zoning. This commercial rezoning application is consistent with the Collier County Growth Management Plan due to the property's location within Activi.ty Center #18. The property is currently vacant and is abutted by unimproved' commercially and residentially zoned property, although the property immediately to the north has also filed. a commercial rezoning application. The property's location near the intersection of S.R. 951 and U.S. 41 makes it ideally situated for a variety of commercial land uses. The applicant has retained a consultant to conduct a market analysis, which preliminarily has indicated that there is demand for additional commercially zoned land within this quadrant of Activity Center #18. The site is served by Collier County utilities and the enclosed traffic analysis indicates that the projected traffic volumes will not represent 5% of the LOS standard on S.R. 951. In accordance with the Collier County Standard Rezoning Application requirements, a narrative response to each of the Rezone Findings of Fact has been provided below. 1. The proposed 6+ acre C-4 commercial rezoning is consistent with the Future Land Use Element and applicable policies of the Growth Management Plan. The subject site is located within Activity Center #18, in the Southeast quadrant of the intersection of U.S. 41 and S.R. 951. The FLUE acknowledges that the designated activity centers are intended to accommodate virtually all new commercial zoning within the Urban area. 2. The existing land use pattern in, and adjacent to, Activity Center #18 is predominantly one of commercial development. Existing commercially zoned land is located at each of the four quadrants of the activity center. 3. The C4 zoning district is consistent with the proposed zoning change immediately to the north of the subject site. This district permits land uses of similar intensities as those zoned and developed within the Activity Center. The existing residential zoning represents an illogical pattern of development due to the pareel's small size and its adjaceney to more intensely designated and zoned property. 4. Given increasing traffic volumes along S.R. 951, and a demonstrated market demand for general commercial uses in this activity center, the proposed 6+ acre rezoning is warranted. The proposed zoning change from RSF-3 to C4 will not adversely influence living conditions in the immediate area. In fact the ability to zone and develop the 6 acre - -- . chedule t .FEB 2 3 n/4sm-m~.mv~.e.-w,uu, Kx.n Page 1 o£ 3 site, will provide the added benefits of unified site access, buffering, architectural and site - design standards, and signage. 5. The Traffic Impact Statement (TIS) submitted in support of this rezoning application demonstrates that the proposed zoning change does not diminish any level of service standard. The site's unified access and full median opening Will permit for safe and convenient access for entering and exiting vehicles. 6. The proposed zoning action will have no negative impacts to area drainage. The site will be developed with an on-site water management system which will be designed in accordance with South Florida Water Management District criteria. 7. The property immediately abutting the subject site are currently undeveloped. The action of zoning and developing the land with commercial land uses will not seriously reduce light and air to these adjacent properties. All site development will occur consistent with the required open space and buffering requirements of the Land Development Code. -'-- 8. The proposed rezoning will have an undetermined effect on property values. Property values are traditionally influenced by numerous factors, one of which may 'be the property's underlying zoning. 9. The proposed zoning change will not be a deterrent to the improvement or development of adjacent property. The subject site has been designated as Activity Center on the County's Future Land Use Plan since 1989 and the expectation of nearby property owners should have been that commercial development would occur on the site. 10. The zoning change does not constitute a special privilege to an individual owner. The property is eligible for the proposed commercial rezoning, as are all other property owners within a designated activity center. 11. The property cannot reasonably be utilized for single-family residential uses, consistent with the existing zoning designation given the small parcel size. The RSF-3 zoning district permits a maximum of 3 dwelling units per acre, therefore the subject site would yield only 18 dwellings. The 18 single-family homes would immediately abut land designated for commercial uses to the north and east, and the parcel size would restrict the ability to adequately provide buffers from these uses without further restricting the number of units that could otherwise be constructed on the site. Given the site's size, location and irregular shape, it is the professional planner's opinion that the site is not appropriate for residential development. 12. The proposed rezoning is consistent with the Growth Management Plan due to its - location within a designated activity center, and the uses permitted in the C-4 Commercial zoning district represent a level of intensity acceptable for the site. 13. There are other sites within Collier County which are zoned to permi.t C-4 Commercial land uses. This site is unique in that there are no other C-4 zoned properties in the Royal Fakapalm Planning Community which meet the applicant's requirement for a parcel of land exceeding 5 acres in size. 14. The site has no unique land characteristics or constraints for development. Development may require limited filling and grading to adequately provide for required stormwater management. The site will be developed consistent with all provisions of the Collier County Land Development Code. 15. As part oft he zoning application process, a comprehensive analysis has been completed relative to water, sewer and transportation requirements. This analysis is attached and suggests that the proposed rezoning will create no adverse impacts to these public facilities. EXECUTIVE SUMMARY I/~..-~ PETITION NO. PUD 98-13, R. BRUCE ANDERSON OF YOUNG, VAN ASSENDERP & VARNADOE, P.A., REPRESENTING COLLIER DEVELOPMENT CORPORATION, REQUESTING A REZONE FROM "A" RURAL AGRICULTURE TO "PUD" AND "PUD TO PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS COLLIER TRACT 21, FORMERLY BEACHWAY PUD, FOR A GOLF COURSE AND ACCESSORY AND INCIDENTAL FACILITIES INCLUDING A CLUBHOUSE, 50,000 SQUARE FEET OF C-3 COMMERCIAL USES AND/OR A HOTEL ON PROPERTY LOCATED BETWEEN U.S. 41 ON THE EAST AND VANDERBILT DRIVE ON THE WEST, LYING NORTH OF 111TM AVENUE AND SOUTH OF THE COCOHATCHEE RIVER, IN SECTION 21, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 267.44+ ACRES. OBJECTIVE: This petition seeks to repeal a certain PUD development order (i.e. Beachway (265+ acres) in favor of a new PUD and in the process rezone an additional 5.58 acres from Rural Agricultural to ) "PUD" Planned Unit Development. CONSIDERATIONS: The property has frontage on three arterial/state highways, and include the N. Tamiami Trail (U.S. 41N), 111th Avenue North (Immokalee Road) and Vanderbilt Drive. Additionally the property has frontage along Walkerbilt Road a local street.. The original Beachway PUD (Ordinance No. 94-45) was approved as a residential development consisting of not more than 800 dwelling units. The proposed PUD is singularly for a golf course and related golf course facilities (i.e. clubhouse, maintenance and incidental recreation amenities), and several acres of proposed commercial development along the North Tamiami Trail (U.S. 41N) lying immediately north of the Walmart development and containing an area of 3.4 acres. A maximum development intensity of 50,000 square feet of gross leasable floor area is proposed, however to the extent a hotel is constructed said floor area shall be reduced by 225 square feet for every hotel unit. Authorized uses will include all the C-3 uses plus the hotel. Analysis for consistency with applicable elements of the GMP advise that this petition if approved as submitted will be consistent with those applicable elements including Land Use, traffic, Open Space and Habitat Conservation and Infrastructure. The subject petition has been reviewed by the appropriate staff responsible for overm ght related to the above referenced areas of critical concern. This primarily includes a review by the Development Environmental and Engineering staff, and the Transportation Services )epartment staff. FEB 2 3 1999 i Pg' Z_ .... Staff recommendations are included in the Development commitments sections of the PUD. The EAB recommended approval subject to certain stipulations which are included in the PUD document. All rezoning actions require a findings on the part of the Collier County Planning commission (CCPC) based on the provisions of Section 2.7.2.5. A preponderance of the rezone finding support an action to district. The rezone findings are formatted to give both reasons for or against a decision to rezone the property. Said findings are included in this Executive Summary submission together with the staff report which is approved by the CCPC. The CCPC heard this petition November 5, 1998 and they unanimously recommended approval of the petition. While several people spoke to the Commission no one expressed any level of opposition to its approval and their representations had to do with clarifying issues of drainage and adjacent land relationships. FISCAL IMPACT: At build out based upon authorized uses and planned intensity of development the following revenue stream is estimated. Impact Fees 1. Roads (a) Mixed Commercial (Retail/Offices/Services) 50,000 sq. ft. + 1,000 x $5,000 (averaged) = $ 250,000.00 (b) Golf Course - 200 acres x 1,066/ac. = 213,200.00 2. Fire - 50,000 sq. ft. x 0.30 = 15,000.00 3. Surcharges (a) Radon Gas = 50,000 sq. ft. x .005 = 250.00 (b) Bldg. Code Admin. 50,000 sq. ft. x .005 = 250.00 (c) Micro film (est. 3 permits) = 4.50 4. EMS - 50,000 sq. ft. + 1,000 x $200 (averaged) 10.000,00 TOTAL IMPACT FEES $ 488,704.50 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 no guarantee that the project at build out 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 off- set the cost of administering the community development review process, whereas utilit, on their proportionate share of impact to the County system. FEB g 8 1999 2 Pg. 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 part.icular land use development project. At this point in time staff has not developed a model by which 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 countywide 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 RECOMMENDATION: That the Board of County Commissioners approve Petition PUD-98-13, Collier Section 21 as described by the Ordinance of Adoption and Exhibits thereto (i.e. PUD Document and M~ iter 1~~ FEB 199 3 noN'~%bvF~ N~r~6/~CP DATE ROBERT J. MULHERE, AICP DATE PLANNING SERVICES DEPARTMENT DIRECTOR VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEV. AND ENVIRONMENTAL SVCS. PUD-98-13 EX SUMMARY/md F E B 2 3 1999 Pa. / _~ MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: OCTOBER 20, 1998 liE: PETITION NO: PUD-98-13, COLLIER SECTION 21 OWNER/AGENT: Agent: R. Bruce Anderson Young, vanAssenderp & Varnadoe, P.A. 801 Laurel Oak Drive, Suite 300 Naples, Florida 34108 Owner: Collier Development corporation 3003 North Tamiami Trail, Suite 400 Naples, Florida 34103 REOUESTED ACTION: This petition seeks to repeal a certain PUD development order (i.e. Beachway (265+ acres) in favor of a new PUD and in the process rezone an additional 5.58 acres from Rural Agricultural to "PUD" Planned Unit Development. GEOGRAPHIC LOCATION: The property has frontage on three arterial/state highways, and include the N. Tamiami Trail (U.S. 41 N), 111th Avenue North (Immokalee Road) and Vanderbilt Drive. Additionally the property has frontage along Walkerbilt Road a local street. (See location map following page) PURPOSE/DESCRIPTION OF PROJECT: The original Beachway PUD (Ordinance No. 94-45) was approved as a residential development consisting of not more than 800 dwelling units. The proposed PUD is singularly for a golf course and related golf course facilities (i.e. clubhouse, maintenance and incidental recreation an several acres of proposed conunercial development along the North Tamiami Trail (U.S. 41 N.) lying 1 F E B g 3 1999 immediately north of the Walmart development and containing an area of 3.4 acres. A maximum development intensity of 50,000 square feet of gross leasable floor area is proposed, however to the extent a hotel is constructed said floor area shall be reduced by 225 square feet for every hotel unit. Authorized uses will include all the C-3 uses plus the hotel. SURROUNDING LAND USE AND ZONING: Existing: The property is undeveloped except for a stormwater management lake that serves the Walmart Center. The property is extensively vegetated and contains an extensive wetland system, which is reflected on the PUD Master Plan. The land is currently zoned PUD with the rural agricultural tract lying north of Walkerbilt Road. The property has an irregular boundary. Essentially the following relationships exist. Surrounding: North- To the north of the property lies adjacent Walkerbilt Road and the Cocohatchee River system. On the north side of Walkerbilt Road, property not included in the PUD is both .--, commercially developed (i.e. east of PUD portion Bay House Restaurant), and developed with two Mobile Home Parks (west of the PUD portion). East Properties generally lying east of the property includes the Walmart Site, office building (under construction), former Kaki's Restaurant and Lounge, Bay House Restaurant and Mobile Home Parks. South- Properties adjacent the south side of the PUD include the Walmart Site, Naples Park residential area along 111th Avenue North, Naples Park Elementary School, Saint John The Evangelist Church and Vanderbilt Villas. West - To the west of Vanderbilt Drive opposite the western limit of the PUD lies undeveloped land, now zoned PUD as The dunes PUD a proposed multiple family development and the cemetery. 2 F E B 2 3 1999 GROWTH MANAGEMENT PLAN CONSISTENCY: Land USe - The property is located within the Urban Residential designated area on the FLUE to the GMP. The urban residential designated area authorizes the development of the entire range of housing structure types as well as uses which function to support a residential environment, such as public and quasi public uses. Golf courses and their related amenities are also authorized land uses in the urban residentially designated area. Therefore, the proposed golf course and its accessory and supportive functions (i.e. clubhouse, pro shop, maintenance facilities and recreational amenities) are consistent with the FLUE to the GMP. Regarding the commercial component of this PUD it is apparent that the property lies outside of the north boundary of the activity center located at the N.W. quadrant of North Tamiami Trail (U.S. 41 N.) and 111 th Avenue Noah. However, a portion of the land lying west of the Walmart Site and lying with the subject property lies within the original activity center boundary as defined by establishing a square with equal sides measuring 1,320 linear feet along 111~h Avenue North and North Tamiami Trail. The petitioner proposes shifting a portion of the remaining acreage (i.e. 3.4 acres) in the activity center that qualifies for commercial development from the west of the Walmart Site to the noah side of the Walmart Site along the petitioners frontage on the North Tamiami Trail. This type of spatial adjustment or enlargement of the boundaries of an activity center is authorized under the 75% rule (LU-1-30 FLUE) and is therefore consistent with the FLUE. Staff is of the opinion that what is more important is the fact that commercial development has not maximized the full development potential of the original activity center even with the adjustment given the substantial reduction in otherwise allowed density and intensity of use. As the owner could have otherwise achieved had it not been for the way it requested prior and current approvals of land under their ownership. The restructuring of the activity center boundary that would result from this shift from the 111th Avenue frontage to North Tamiami Trail frontage, given its higher level of highway importance makes more sense from a land use point of view. 111a' Avenue North poses a much more constrained opportunity for responding to traffic impacts. Staff is of the opinion that a determination of consistency in this case is one that is less clearly defined by the FLUE, and is subject to interpretation. In our opinion it is consistent if the BCC says it is. Traffic Circulation Element - The ITE Trip Generation Manual indicates that the existing Beachway PUD will generate approximately 6,384 trips per weekday. However, the proposed petition will generate approximately 2,897 average weekday trips at build-out. This amount may be reduced once trip adjustments are made. This represents a 55 percent reduction in the site generated trips. Based on this data, the site generated traffic will not exceed the significance test standard (5 percent of the LOS "C" design volume) on US-41 after trip adjustments and assignments are made. In addition, this petition will not lower the level of service below the LOS "D" standard within the project's radius of development influence (RDI). Therefore, the project is consistent with Policy 5.1 & 5.2 of the Traffic Circulation Element (TCE). NAO.GE~,:~,IT~jl 3 F E B 2 3 1999 Conservation and Open Space - Jurisdictional wetlands have been preserved and will be set aside in perpetuity at a subsequent approval phase. Jurisdictional wetlands account for required native vegetation preservation. Stipulations goveming conservation and protected areas are covered by provisions in the PUD document. The open space preservation requirement of sixty (60) percent will be exceeded given the fact that this petition is for a golf course which itself qualifies as open space. Water. Sewer and Storm W~tter Management - The subject property is served by the County's sewer and water system. The project will be designed according to LDC requirements for storm water management. During the site development plan approval process any approved plan will be required to be consistent with all relevant provisions of the LDC. In the opinion of staff approval of this petition is consistent with all applicable elements of the Growth Management Plan. HISTORIC/ARCHAEOLOGICAL IMPACT: Staf/'s analysis indicates that the petitioner's property is located within an area of historical and archaeological probability or known archaeological site as designated on the official Collier County Probability Map. Staff has reviewed the historic and archaeological survey and assessment conducted by Southeastern Archaeological Research, Inc. and finds that no archaeological sites or historic structures were discovered during the survey. The PUD document provides that in the event of accidental discovery all work shall cease and the Collier County Code Enforcement Department shall be 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 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 sections of the PUD. 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 2.7.2.5 and 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 apprcval ~t s by the Planning Commission to the Board of County Commissioners. Each of the pote. ial impact' ' or considerations identified during the staff review are listed under each of the criteria r ~tec~ ka~d~ra ]999 4 categorized as either pro or con, whichever the case may be. 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 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 use plan, and whether or not a rezoning action would be consistent with the Collier County Growth Management Plan and all of its related elements. Other evaluation considerations should include an assessment of adequacy of transportation, infrastructure (i.e., sewer, water, storm drainage and private utilities) and other infrastructure (i.e. community facilities and services) 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. 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. Clearly the golf course component of this petition is consistent with permitted uses authorized to occur within the urban residential designated area. A portion of the subject land is located within an activity center, and therefore as such qualifies for commercial land uses, however, this petition proposes to adjust the boundaries of the activity center through provisions of the FLUE that allow expansion of activity center boundaries. In the opinion of staff commercial development on the North Tamiami Trail (U.S. 41N) is preferable to commercial development on 111th Avenue North. The potential to widen 111th Avenue North beyond four (4) lanes is not possible without incurring substantial costs. On the other hand the six (6) laning of the North Tamiami Trail (U.S. 41 N.) is a committed improvement project (i.e. year 2000). Additionally it is staffs opinion that the limited area lying north of the Walmart Site in this PUD that is not intended for use as part of the golf course system has little value for housing. The impact of the highway and surrounding commercial development makes this limited area of land undesirable for residential uses. With respect to the issue of compatibility, it is staffs opinion that the use of land as a golf course, and the commercial frontage on the North Tamiami Trail are clearly compatible with adjacent land uses. However, the tract of land (i.e. 5 acres more or less) lying north of Walkerbilt Road lies between a restaurant (Bay House) and mobile home development. Should this property be used as a golf maintenance facility it may have a negative visual impact on adjacent properties unless extensively screened from these properties. To achieve that event a solid wall should be constructed within ten (10) feet of the ea.qt and ,~,,-~t _ property lines with the outer ten (10) feet landscaped with mature canopy trees to visual mpah~~ 1999 from elevated floor levels on adjacent property. The frontage along Walkerbilt Road should be vegetated to achieve a 100 percent opacity screen except for required driveways. Commercial development along the North Tamiami Trail (U.S. 41 N.) presents no compatibility issues. Traffic - Analysis for consistency with TCE policies advised that this project will not have a significant impact as measured by TCE policies and, is therefore, technically consistent with the GMP. Clearly the traffic analysis indicates that the 5% of LOS "C" standard, nor Radius of Development impact standard on LOS is adversely affected. The trips generated by the proposed PUD are approximately 55% less than allowed by the current PUD (Beachway). All traffic entering and exiting the Section 21 PUD will be limited to driveways located on the North Tamiami Trail (U.S. 41 N.), except for access to the Walkerbilt Drive site, and golf course maintenance drives off of 111th Avenue North and Vanderbilt Drive. Interconnectivily to adjacent land has no practical value, inasmuch as this is singularly a golf course where adjacent relationships have no importance for facilitating access to commercial activities. The one exception is the relationship of the commercial tract to the Walmart Site. No provision was made for the Walmart Site to provide an access easement to its noah property line. Without such an access easement it is impossible to bring about an interconnection with the proposed commercial tract. Nevertheless, an interconnection of some type even if limited to pedestrians will be beneficial particularly in the event a hotel locates on this property. Utility Infrastructure (i.e. Sewer. Water. Storm Water - Development occurring at this property will be connected to the County's sewer and water distribution system, evidence which further attests to the timeliness of development of property. All development must comply with surface water management requirements invoked at the time of subdividing or approval of SDP's whichever first occurs. Community Services Support Facilities - Fire, police and other emergency services can be readily provided from the appropriate provider jurisdiction. The North Naples Fire District has submitted an application for Site Development Plan approval for a site recently rezoned to accommodate at fire station east of Goodlette-Frank Road. Another Noah Naples Fire District fire station is located on Vanderbilt Drive at 9"~ Street approximately two (2) miles noah of the subject property. Master Plan and PUD Development Standards: Master plan - On all exposures except the Noah Tarniami Trail (U.S. 41 N.) frontage projects a golf course view. The clubhouse site is not within view of adjacent property. Access to the Clubhouse and related activities area is from the Noah Tamiami Trail (U.S. 41 N.). Other access points are limited to golf course maintenance purposes. PUD Regulations/Development $tandar~l~ - The PUD regulations primarily have rel,,.vanc~sli~A commercial development. Commercial development standards will allow building heig ~ts of (50) feet. Setbacks from the North Tamiami Trail require a minimum of thirty (30) feet p us five (5 6 FEB 3 1999 tbet Ibr each additional story so that a five (5) story. building w'ould be set back a distance of fifty (50) tbet. Commercial development will have to comply with LDC architectural requirements. STAFF RECOMMENDATION: That the Collier County Planning Commission recommend approval of Petition PUD-98-13 as described by the Ordinance of Adoption and Exhibits thereto (i.e. PUD Document and Master Plan. LD li.~NiND'TAIcP DATE CURRENT PLANNING MANAGER REVIEWED BY: //~ f/?,~ /" ' Z~ ~' ~ ROBg'RT . MUL'ItEgETX, AIC~" DATE VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEV. AND ENVIRONMENTAL SVCS. Petition Number PUD-98-13 Staff Report for the November 5, 1998 CCPC meeting. COLLIER COUNTY PLA ING COMMISSION: MI PUD-98-13 STAFF REPORT/md FINDINGS FOR PUD PUD-98-13, COLLIER SECTION 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 land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Pro: (i) Public utilities and highways are in place to support the planned uses of the land (ii) Physical characteristics of adjacent land as represented by their use are clearly compatible with the planned use. Con: None. 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 infrastructure 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. Recommended mitigation measures will assure compliance with Level of Service relationships as prescribed by the Growth Management Plan. 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. ~ 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: (i) the development strategy described by the PUD is structured to be consistent with all applicable goals, objectives and policies of the GMt Con: (i) None. F E B 2 3 1999 1 ~ Po. _t/; :_.,,_ Finding:The subject petition has been found consistent with the goals, objectives and policies of the Growth Management Plan. A more detailed description of this conformity is addressed in the Staff Report. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. PrO: (i) Land uses are compatible with adjacent properties. (ii) PUD development standards acknowledge the applicability of LDC requirements which are aimed at achieving internal and external compatibility. Con: (i) 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. External relationships are automatically regulated by the Land Development Code to assure 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. Finding: The amount of open space set aside by this project is greater then the provisions of the Land Development Code. 6. The timing or sequence of development for the purpose of assuring the adeqnacy of available improvements and facilities, both public and private. Pro/Con: Evaluation not applicable. Finding: Timing or sequence of development in light of concurrency requirements is not a significant problem. 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. wastewater disposal system, relative to hazards, and capacity of roads, is supportive of conditions emlati 6ro 8 IBB9 2 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. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Pro/Con: Evaluation not applicable. Finding: This 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 particular housing structures and associated area requirements. FINDINGS FOR PUD-98-13/rod FEB 2 8 1999 3 REZONE FINDINGS PETITION PUD-98-13, COLLIER SECTION 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, 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 land use pattern; Pro/Con: Evaluation not applicable. Existing: The property is undeveloped except for a stormwater management lake that serves the Walmart Center. The property is extensively vegetated and contains an extensive wetland system, which is reflected on the PUD Master Plan. The land is currently zoned PUD with the rural agricultural tract lying north of Walkerbill Road. The property has an irregular boundary. Essentially the following relationships exist. Surrounding: North - To the north of the property lies adjacent Walkerbilt Road and the Cocohatchee River system. On the north side of Walkerbilt Road, property not included in the PUD is both commercially developed (i.e. east of PUD portion Bay House Restaurant), and developed with two Mobile Home Parks (west of the PUD portion). East - Properties generally lying east of th,' property includes the Walmart Site, office builC ing [:(EBd~ ~1 1999 1 construction), former Kaki' s Restaurant and Lounge, Bay House Restaurant and Mobile Home Parks. South- Properties adjacent the south side of the PUD include the Walmart Site, Naples Park residential area along 111th Avenue North, Naples Park Elementary School, Saint John The Evangelist Church and Vanderbilt Villas. West- To the west of Vanderbilt Drive opposite the western limit of the PUD lies undeveloped land, now zoned PUD as The dunes PUD a proposed multiple family development and the cemetery. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; Pro/Con: Evaluation not applicable. Summary Findings: The parcel is of a sufficient size that it 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, nearby urban development, support the timing relationship and justify revisiting the PUD and amending its development strategy. 4. Whether existing district boundaries are illogically 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 in part predetermined by 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 Findings; The proposed zoning change is appropriate based on the existing conditions of the property and because its relationship to the FLUE (Future Land Use "' .. Element of the GMP) is a positive one. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro: (i) Contiguous relationships from a golf course clearly makes for a compatible relationship. (ii) The commercial component is located on the N. Tamiami Trail and lies adjacent and opposite existing commercial development clearly establishing a consistent relationship. Con: (i) None. 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. The only contiguous residential development lies adjacent to the proposed golf course. 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) All ingress and egress to the property is via a major arterial divided highways (i.e.U.S. 4!N) which provide for best management practices relative to turn lanes. (ii) No traffic level of service will be abridged by this approval which is the principal criteria for evaluating traffic impacts. Con: (i) 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. 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. 8. Whether the proposed change will create a drainage problem; Pro: (i) The project design for storm water management will be do.~i o-no. cl in accordance with Collier County requirements and the rules and regT~l~ of the South Florida Water Management District. F E B 2 3 1999 3 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 dnd 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_ Findings: All projects in Collier County are subject to the development standards that are unique to the zoning district in which it is located. These development standards and others apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area; Pro: (i) Typically urban intensification increases the value of contiguous underutilized land. Other orientations deal with similar land use, and therefore should have no detrimental effect on land value. 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. 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 appli combined with the administrative site development plan approval pro cess, gtvc~ reasonable assurance that a change in zoning will not result in a d, :terrence to improvement or development of adjacent property. F E B ~, :~ 1999 4 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; Pro/Con: Evaluation not applicable. Summary Findings: The subject property is zoned PUD and Rural Agricultural. The revision serves to allow the petitioner to change their PUD strategies to more readily marketable development of the property. 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. Summary Findings: This site in part is zoned "PUD" Planned Unit Development. Whether or not there are other similarly zoned residential areas is irrelevant. To deny rezoning would be to deny the property owner the right to use the land in a manner consistent with the GMP. As far as the PUD is concerned the development as a golf course represents a large decrease to intensity of land uses now allowed. 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. 5 Summary Findings: The site will be altered to the extent necessary to execute the 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: 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. PUD-98-13 REZONE FINDINGS/rod F E B g 3 1999 6 p.. ,.,.oz') . F, TITION NUMBER DATE RECEIVE- APPLICATION FOR PUBLIC HEARING F. OR AUG 19 1998 STANDARD REZONE AND CONDITIONAL USE REO UEST,,~LAN ~IN PLANNED UNIT DEVELOPMENT REOUESTS " ; ~ ~ SERV/CE~ COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION CLIP.RENT PLANNING 1. Name of Applicant(s) Collier Development Corporation Applicant's Mailing Address 3003 North Tamiarni Trail, Suite 400 City Naples State Florida ... Zip 34103 Applicant's Telephone Number: Bus.: 941/261-4455 Fax.: 941/263-443~ 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. *X (b) If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. © If applicant is a parmership, limited partnership or other business entity, so indicate and name principals below. *X (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]ease, 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. *See Attached list of officers and shareholders and copy of deed. (If space is inadequate, attach on separate page.) 2. Name of Agent George L. Vamadoe, Esq. Firrn'~'~"oung, Van Assenderp & Varnadoe, P.A. Agent's Mailing Address 801 Laurel Oak Drive, Suite 300 City Naples State Florida Zip 34108 Agent's Telephone Number: Bus.: 941/597-2814 Fax.: 941/597-1060 3. DETAILED LEGAL DESCRIPTION OF THEE PROPERTY COVERED BY TrIE 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 four (4) copies of survey (1" to 400' scale). FEB 2 3 1999 THE APPLICANT IS RESPON, .3LE FOR SUPPLYING THE COR.t,.~CT LEGAL DESCRIPTION. IF QUESTIONS ARISE CONCERNING THE LEGAL DESCRIPTION, AN ENGINEER'S CERTIFICATION SHALL BE REQUIRED. .,ECTION 21 TOWNSHIP 48 South RANGE 25 East See attached Exhibit, legal description. 4. Size of property 4-5280 ft. X 4-2500 ft. Acres 4-267.44 5. Address or location of subject property Is between U.S. 41 on the eastem border and Vanderbilt Drive on the western border, lying north of 111~' Avenue, and south of the Cocohatchee River. 6. Existing land elevation: 0 - I0 feet County Flood Criteria Elevation: 12 feet 7. a. Date subject property acquired (X) or leased ( ):. 15th day of October ,19 5.3. Term of lease yrs./mos. b. If, Petitioner has option to buy, indicate date of option: ; and date option terminates: 8. 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). Yes, in addition to portions of the Collier Tract 22 Planned Unit Development across U.S. 41, a 5.58 acre parcel is under the same ownership as described on the attached listing of corporate officers and shareholders. 9. THIS APPLICATION IS INTENDED TO COVER: (Check which type of petition you are requesting): X A. REZONING: PRESENT ZONING PUD & Agricultural REQUESTED ZONING PUD FOR Golf course and commercial __ B. PROVISIONAL USE OF ZONING FOR 10. REASON WHY APPLICATION SHOULD BE APPROVED (Attach additional sheets if necessary): This petition proposes a decrease in density, intensity and resultant impacts from the 800 dwelling units authorized in the existing PUD to no dwelling units. Additionally, the number of acres eligible for Activity Center commercial zoning has been reduced from 4-13.3 to 4-3.4 acres and has been reconfigured and moved from 111th Avenue to from on U.S. 41 adiacent to developed commercial zoning on two sides. 11. IS PROPOSED USE PROHIBITED BY DEED RESTRICTIONS? __ YES X NO IF YES, PROVIDE COPY OF THE DEED RESTRICTIONS. 12. IS THIS REQUEST A RESULT OF A VIOLATION? No IF SO, TO WHOM WAS THE NOTICE SERVED? 13. HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITHIN THE LAST YEAR? IF SO, IN WHOSE NAME? No 14. ARE THERE EXISTING STRUCTURES ON THE PROPERTY? No -, --- TYPE: CBS , FRAME , MOBILE HOME OTHER 2 F E B 2 3 1999 AFFIDAVI_ _, .T I, Jeffrey M. Birr being first duly sworn, depose and say that I am Vice-President of Colt;el Development Corporation, the owner of the property described herein and which is the subject matter c proposed hearing; that all the answers to the questions in this application, and all sketches, data, and o-,cr supplementary matter attached to and made a part of this application, are honest and true to the best of my knowledge and belief. I understand this application must be completed and accurate before a hearing can be advertised. I further permit the undersigned to act as our representative in any matters regarding this Petition. COLLIER DEVELOPMENT CORPORATION By: Je~'7~,~irr, Vice President YOUNG, van AS SENDERP & VARNADOE By: ~ rX George L. Vamadoe State of Florida County of Collier The forego in?:~.~.Application was acknowledged before me this ~'~ day of by . ~ ~-?-~ , who is personally ~om to me cr ,,,u~ ~ .....~ ....~ ~ ~d who aia (~id not) ~e ~ oa~. $; .,d~ (S i~Ge of No~ ~blic) ~it N~e of No~ Public) NO~ P~UC Sed~Co~ssion My Co~ssion Exp~es: G:XUS~AXW~E~ON.2 I~O~.~P.~4/I 3 FEB 2 3 1999 1. (b) as follows: Collier Development Corporation's Officers as follows: Miles C. Collier, President Thomas J. Flood, Vice Presiden't Jeffrey M. Birr, Vice President Terry L. Flora, Vice President / Secretary Michael O. Taylor, Vice President Shareholders are as follows: Miles C. Collier Barron G. Collier H Trust Inglis U. Collier Trust Collier Business Trust 1. (d) Owner is Collier Development Corporation. OR Book 31, page 118, Collier County, FL, title deed for subject property. SEE COPY ATTACHF, D 8. Contiguous property to the subject property: Folio Tax I.D. 00154760005 Owner: Collier Development Corporation by OR Book 256, page 499, Collier County, FL. Legal Description: -A p'arcel of land lying in Section 16, ~ownship 48 .South, Range 25 East, Collier County, Florida, described ·-as follows: Commencing at the Southwest comer of said Section 16, run N 89"33'45" E along the South line of said Section, for 1197.99 feet, tO the Point of Begin- ning, said point being 1549.39 feet Westerly of the South Quarter corner of sai~ Section, said point also being the begiPaing point of Bulkhead line No. 4, · according to the Bulkhead Line Plat as recorded in Bulkhead Line' Plat Book 1, Page 15, of the Public Records of .Collier County, Florida; thence run the ..following courses along said Bulkhead line N 37"07'15" W, for 340.08 feet, to a point of curvature, thence %81.13 feet along the arc of a curve', concave to the Southwest, having a radius of 270.00 feet, and subtended by a chord having a bearing of N 77"33'37.5" W, and a length of 350.27 feet, to a point of tangency; thence run S 62°00 ' 00" W, for 348.13 feet to a point of curva- ture; and thence 221.16 feet along the arc of a curve, A 'concave to the southeast, having a radius of 127.84 ' fe'et, .and subtended by a chord, having a bearing of S 12°26'22.5" W and a length of 194.59 feet, to a AoG~ point, said point being the end point of said Bulkhead N Line'No. 4; thence run N 89~.33'45" E, along the South line of said Section 16, for 896.61 feet,' to the Point of B ginning, s /a paroel containing S.5S acres. FEB 2 3 1999 I'1 ¢o~e~, d~. end ~es Co~e~ ot ~he C[~z o~ ~vez'g~de~ County, State of Florid~ (hereinafter called t:~e dr~:tor~), Joined by Barbara M. Collier, wife of Barren Celllet, Jr., and Isabel U. Collier, wife of Miles Collier, (heroinafter called the '~lves of the Grantors) to Collier Development Corporation, a ~lODida corporation, having an office and place of business at Everglades, ~lorlda (herein~ter colled the Grantee). W ITNESSETH: The Graa~ors and the wives of the Graters hereby a~t, convey a.d transfer to the Grantee, its successors ~ ~ .ssig~s, the following described lands situate, lying and being ~ '~ O,n Collier County, State of Florida: ~e following Lots In the City of Naples according to the Plat ~he~of recorded In plat book 1, Page 8 of the Public Records ~llier Cc~ty, Florida: ~~ TIER 11 8 4& 5 17 2 10, 11 &.12 17 3 9, 10, 11 & 12 ~9 3 5 ~9 5 '~. g, 3, 4, 21 4 6, 9, 10, 11, 12.18-~ 19 21 5 4, 5. o, 7, 8, ~. ~o. x~, ~2. ~3, " 16, 17, 18, 19, 2o & 21 21 6 20, 21 ~ 22 21 7 1, 2, 3, 4, 5, O, 20, 21 .~ 22 21 8 13, 14, 15, 16, 17 & 18 F E B 8 City of Naples - continued: BLOCK TIER LOTS, 23 3 11, 12, 21 and 22 23 5 11 and 12 23 6 6, 21 and 22 In the Ocean View Addiron to the Town of ~,epl,:s, sucording to Flat filed in Plat ~ook 1, Rage 3 of the Public I~ecords of c~l~ler County Florida, the following: Lo~s I ~hro,xgh 22, bo~h l~cluslve of Block l; Lots 3 snd 4 of Block 3; Lots ~ un:'ou.,~h 1~, ooth inclusive of Block 5. ~ow~shlp ~0 South Range 2~ Ess~ Sec~ion 1 North Half (N~) of North East Quarter (NE~.); ~?est Hnlf (W~) ef North West Quarter (~) of North Wes~ Quarter (NW~); No~ ~'est Quarter (NW~ of Southwest Q~rter (SW-~-) of Nor~hwes~ Q~ar~er (NW~); South Half of the Northeast Quarter (NE~) of the Northwes~ Quarter (NW~) and the Northeast quarter (NE~) of the Northeas~ Quarter (NE~) of the Northwest Q~rter (NW~-). T~wnshlp.~O South Range 25 Ess~ Bec~lon 3~Town ofNaple South Ha~ (B}) of Gov't. Lot 1; Gov'~. Lo~ 2 excep~ the West 20 Oov't. Lot 5 except Wes~ 20 acres; Gov'~. bo~s 6, 'Z and ~0. except Highway right-of-way In lO; Oov't. Lot 9, exc.p~ ~,st ~0 acres. All Gov't. Lot 8, lying East ~f Naples Tcw~shIp ~0 South Range 2~ Ess~ Section lO(Town of Nap1, Fractional East Half (E~), except Gov't. Lo~s 1, 2, sr:d 3. (Includes Oev't. Dots 4, 5, 6, and 7). FEB g 1999 Township..~O South Range 25 East Section 11 Southwest Quarter (SW~) of Northeast Quarter (NE¼) of Northwest Quarter (NW,) except that portion lyin~ South of U. 3. Highway Southeast Quarter (SE~A) of Southwest Quarter (SW,) of Northwest Quarter (NW,); Northeast Quarter (NE.~) of l~ortheast Quarter (NE{) of Southwest Quatar (SW,); West Half (W~) of Northeast Quarter (NE,) of Southwest ~unrter (SW~); East ~alf (E-~) of Northwest Quarter (~) of Southwest ~uar. ter (SW{); Southwest Quarter (SW~) of Southwest ~u~ter (SW{); Southwest Quarter (SW{) of Northwest Quarter (~$) of Southwest Quarter (SW~-); west Half (W~) of Southeast Quarte~ (SE{) of Southwest Qu~ter (Sw~); Lots 4 and 5 of Blocl~ B of laG,nab Subdivisio, as recorded in Plat Book 2 on Page 82 of tLe ~Ablic r<ecords of Collier County, Florida. Township ~0 South Range 2~; East Sect! ~n 12 All lying South and ,~c~t of U. S. Highway ~1. Totship ~O South Range 25 Ees[ Section 1~ All lying South and ~'est of U. S. Hi~wat.. ~l except ..est ~ialf (W~ of ~est Half (W~) of '.~est }Aalf (W~) o1' Nectar'eat Quarter (N~V~). Township 50 South Range 2~ E~st Sect~or, 1~ Northeast Quarter (NE~) of Southwest Quarter (SW,); ,'~est ~{alf (W,) of Northwest Quarter (NW~}; Southeast Querter (SE~) of I:orthweat Quarter (~,); Northwest Quarter (NW,) of NortAenst Quarter (~) of No~thwes quarter (~{); Lots 55, 56. ~ 5~, 59 and 116 of Naples Grove and Truck 5~mpany Little Fama ~ownship ~0 South Range 2~ East Section l~(Town of Na~; Gov,t. Lots 1 and 2; That portion of 8ov't. Lot 3 lying East of Boat ~annel; Gov't. Lot 6 except the East Half (E~) of the Southeast ~uarter (SE~) of the Southeast Quarter (SE.~). 1999 Township ~0 South RanBe 25 East Section 22{Town of Naplee) Gov't.Lot 1; Oov't.Lot 2, except that portion deed to J. G. Sample May ~3, 1949, by Collier Corporation; Oov,t. Lot 3, except Northeae~ Quarter(R'E,) of Southeast Quarter (SE¼) of Nnrtheast Quarter Gov,t. Lot 8, except T. E. Walton 10 acres. Township 50 South RanBe 2~ East Section 23 West Half (W½) except North Half (N~) of Southwest Quarter (SW$) of Northwest Quarter (NW,). Lot 60 of Naples G~ove and Tru~ck Company's Little Farms Number 2 according to Plat recorded in Plat Book 1, Page 27 of the Public Recox'ds of Collier County, Florida. Township 50 South Range 25 East Section All Township 50 South Range 2~ East Section 2~ All Township ~O South Range 2~ East ~ectlon 27(To~n of Nap.lee) Gov't. Lots 2 and 7 Township 52 South i{enge 27. East Section 18 Gov't. Lot 14 except Auxiliary Lots 3 and 4 tnereo~' and except oil, gas and mineral rights and exceptin~ the Goodland Heights Subdivision according to the Plat tnereof as recorded in Plat Book 1, Page 85 the Public Records of Collier County. _Township 46 South Range ~.East Section 26 The West Three Quarters (W 3~1~) of the Southwest Quarter (SW,) Sout~easte,~uarter ~owuahip 46 South Range 28 East Section ~4 Southeast Quarter (SE~) fractional. FEB 2 3 1999 Township 46 South :tenSe 28 East Section 35 The South Half (S~) fractional. Township 46 South RanBe 28 East Section 36 The Southwest Quarter (SW¼) of the North'~est Quarter (NW~) excepting Highway right-of-way. Township 46 South Range 29 East Section 8 The South Half (S½) except Highway right-of-way. Township 46 South Range 29 East Section 17 All except Highway right-of-way. Township 46 South Range 29 East Section 20 The South H=lf (S½) except Highway right-of-way. .Township 46 South Range 29 East Section 28 All except Ne~market Subdivision and Highway right-of-w~y. Township 46 south Range 29.~ast Section 2~ All except Highway rightrof-~ay. Township 46 South Range 29 East Section ~1 The Northwest Quarter (N~¼) and the South Half (S½) of the Northeast Quarter (N]E¼) excepting oil rights to South Half IS½) of Northeast Quarter (NE~) reserved to previous owners. .Township 46 South Range 2~.East Section ~2 The Southwest Quarter (SW~) 9f the Southwest Quarter (S~,) of the Northeast ~u~rter (NE¼) and the Southeast Quarter (SE~) of the South- east Q,,~rter (SE~) of the Northwest Quarter (NW~) excepting H1gh*=~ right-or-way. - S . F E B P, 3 1999 Township 46 South Range Z9 East Soction 33 The North Half {N½) and Southeast Quarter (BE{-) excepting that portion included in the Ne~makke~ Subdivision at Immokalee, Collier Countl, Florida as, recorded in Plat Book 1 on Pages lob and 105 of ~he Public Records of Collier County. Township 46 Sou~h a~nSe 29 S~st Section }4 All except A.C.L. ri~t-of-~al and except that portion as described In Deed of date April 27, 1943 from Collier Corporation to U. S. Governant a~ described In Deed Book 1 on Page 116 of the Public Re~ords of Collier County and except that portion included In the Ne~arket Subdivision at I~okalee, ~olller County, Florida as re,ordain pl~ Book 1 on Pages 10~ and 105 of the Public Records of Collier County and except that land de~cribed in Deed of dat~ J~ 3, 1951 from Collier Corporation to State Agricultural Marketing ~o,nship ~7 South RenBe 29 East Section.} The E~t H~lf (E~) of the Northwest Quarter (NW~) lying east of Ne~rket Subdivision and East of A.C.L. Railroad Dight-of-w~ ~n~ being West of ditch, excepting lend described In Deed of date 8, 1951 to Wright P~p Company ~nd excepting land described In Deed dated July 3, 1951 to Stale of Florida A,~ricul~ural ~.~arketing The E~t Half {E~} of Northeast Quarter (NE~) of Southeast of Southwest Quatar (SW~): ~ortheast ~uarter (NEd)of Southwest ~uarter {SW~) South of A.C.L. right-of-way excepting that land described i~ Deed of date March 1~, 1951 from Collier Corporation A.G.L.R~ilroad; Southeast Quarter (SE~} South of A.C.L. East H~lf (E~) of Southeast ~uarter (SE{) North of A.C.L. · nd South of State Highway n~ber ~9; Southeast Quarter (BE~) Nor~ Hi~y ~9 excepting Hi~ay right-of-~ay for state Road 8~6 and cepting 3.21 acres described In Deed Book 17 Page 380 of the Public Records of Collier County. - 6- - F E B g 8 1999 ,: -, Pe.~ ~ Township 47 South RanBe 29 East Section 4 Lore i through 6, and 14 thro,:gh 16, both inclusive of Block 1 of Fro Nhidden's Subdivision according to Plat ther,...of recorded in Plat Book 2, Page 36 of the Public Records of Coll'ler County, i?lorl'~a Township 47 South i{an~e 29 East Section ~ Southwest Quarter(SW~) of Northeast Quarte:'(NE~); Soutrn,.st Querter(SE~). Township 47 South RanBe 2~ East Section ? All except the North Half (N½) of the North Half (N½) oJ' th& }~ortheast Quarter(NE{) of the Northeast Quarter (NE~) and except the South Half(S½) of the Northwest Qu~rter(NW¼) of the Northeast Quarter (NE$) of the Northeast Quarter (NE¼). Township 47 South RanMe 29 East Section 1! All except A.C.L. Right-of-way and except Northwest Quarter(NW~). of Southwest Quarter (SW{) of Northwest Quarter (Ni~). Township ~ South Range 2~ East Section 25 South Half (S~) except U.S. Highway 41 and State Road 29 and canal and A.C.L. Rights-Of-way. Township 48 South Range ~5 East Section 21 All except the Lloyd Ruby parcel as recorded in Deed Book 22, Page 317 of the Public Records of Collier County, Florida. Township 48 South ~ange 25 East Section 22 All except Northeast Quarter (NE.) of Southeast Quarter (SE,) and except A.C.L. Right-of-way and except ~est Half (W~) of Southwest Quarter Northwest Quarter (NW,) and except West 80 feet of East Half(E½) of Sout~ west Quarter (SW{} of Northwest Quarter (NW~) lying South of Horse Creek, and except Right-of-way to Florida Power & Light Co. by Dced dated August 24, 1953. Township 48 Bout h Range 2~ East Section 27 except All except A.C.L.Rlght-of-way, and/Florida ~owcr ~ Llr~:t ~o. r~6:~t/of/waY by Deed Jnted August 24,1953. Township ~8 South ~an~e 2~ East Section ~2 All fractio~al lying North of Vanderbllt Beuch ~ad except that land described in Deed of date November 23,1948 from Collier Corporation to J. W. Conner and Son. FEB 8 1999 Township 48 South RanF~e 2,~ East Section ~ All lying North of the Venderbilt Beach Road except North i~lf(~) of North He~ (N~). Township 48 S~u.t~ Range 2~ East. Section ~. All except A.$.L. right-of-way, and except right-of-~ey to Florida rowe Li~t Comply by Deed dated A~ust 24, 1953. Township 4~ South Range 2~ East Section ~ All except A.O.~. right-of-way, e~d' except rIGht-of-~ey to Florida Power & Light Company by deed dated August 24, 19~3. TownShip 49 South R~e 2~ East Section 10 All East of A.C.L. ~i~t-of-way exceptin5 Right-of-way to Florida Fower and Li~t Company by Deed dated AuGust 2h, Township 49 South Range 25 East Section Boutbeast Quarter (SE~) of NSrtheast Quarter (NE~); Nort:~ea~t Q~rter (HE~) of Southe8st Quarter (SE~) East of Jotdons River; Nortn~st Quarter (NE~) of Southeast Quarter (SE{) of Southee3t Qunrtcr East Half (E~) of Southwest Quarter (SW{-) 'of SoUtheast Quartor. West Half (W~) of Southeast Quarter (SE~) of Southcast Quarter (SS~). ~ TownShip 49 South Range 25 E~st Section 3~ NoP~iHa~ '(N~) and that portion of land of the South Half (~) lying~Eaat of the West line of Railroad right-of-way and Station Township 4~ South Han~ 2~ East Section 39 All except the South Half (8~) of Southwest Quatar (SW~) of the Southwest ~uarter (SW~) of SaSh,eat Quarter (SW~); Southeast (BE~) of Southwest Quarter (SW~) of Southwest Quarter (SW~). Five parcels of lands on Chokoloskee I~!and :,,:'tlc',~lar~y describe as follows: 1. Commencing at an iron pipe monument on the Southwost side of Chokoloskee Island on the shoreline Three hundred forty-three"£eet Northwesterly fru~ where the East boundary li~c of Lnt n~bered Ten of Smallwood's Dlvisio~ of tha~ part of Cnokolosk~,,. ~laad la Section Thirty-six, Township x.'~fty-~hree South, ~a:~Ce 'T'~cnty-:,lne East, Tall~assee Meridla~, reaches Chokoloskoe Bay~ ~neace Kortn, Flfty-fo~ degrees East, Four }~uadrcd seventy three feet to a Gu:,a~olimbo Post monaeat o~ ~e South Ooundary of a Th~rty-threc foo~ roadway; thence Northwesterly, along the South boundary of said road'~a~, Five hundred fifty-five feet to aa ~roa pipe monument on the Bay shoreline on the Northwest side of Chokoloskee tslead; ~hc~ce South'~estenly along Bey Shoreline Eighty-t~o feet to a point of Chokoloskee !slaad~ ~neace ~outheasterly along Bay shorellae of Chokolos~ee island, Three hun~e, ninety-six feet to the Dolat of be~i~alag4 The Pla~a~ove mentioned Lot n~bered Tea beinG recorded in Plat ~ook One at Page Twenty-' of Collier County, Florida, Public ~ecords. (Toget~:,:~ with all ripeflea rl~ts. ) 2. A part of Chokoloskee Island ...ltnln the :~ort~'west Quartet (NW~) of the Southwest Quarter (SW~) of Scctl.a~ 31, Township 53 South Ra~e 30 East, described as be~i~alaS at the South'~est corner of Five (5) of Small.~ood's Subdivision, Pla~ 3oo'.~ 1, ~aCe 20, ~a Sect~c~ 31, thence East 182 feet to ~ edge of Chokoloskee ~ay; Thence SoUth west along edge of Bay 154 fret, thence Northwesterly to point of beginning; ~so Lot ~{~ber 5 of Chokoloskee, be~n~ In West of Northwest ~ua~ter (NW~) of Section 31, Township ~3 South, R~e 30 East, according to the Map oT Plat of said Chokoloskee on file ~ecorded In the office of the Clerk of the Circuit Court of Lee Count FloOds, In Plat Book 1, Page 20, excepting therefrom the followl~ to-wit~ Be~lnai~ at the South=est corner of sa~d Lot 5, thence East 182 feet to the edge of Chokoloskee Bay, thence NoPt~esterl~ F E B g 3 1999 along the edge of said !;ay 241~ feet to point of bellinning, thence Northeasterly along asia 'Jay lOO feet, thence ',~ortnwesterly 90 feet, thence Southwesterly 112 feet, thence Soutnea:;terly ~O feet to the point of beginning. Te,jetner with all ripsfinn rights. 3. From a stain am the Northwest s:,o,'c line of Chokoloskee Island nine feet Southwesterly from the East boundary of Range Township 53 South reaches Chokoloskee Bay, run Southwesterly along th Northwest shore line of Chokoloskee island 259 feet he a stake at the Northwesterly corner of Loren G. Brown's Lot as described In Deed Book 10, Page 429 of the Public Records of Collier County, Florida, ~or a point of beginning of the land hereby described; ~ence 8outheasterly along the ~esterly line of Loren O. Brown's Lot 100 fee to the Southxeaterly corner thereof; thence run Northeasterl~ ~on~ t Southeasterly line of said Loren G. Brown's Lot 50 feet to the easterly corner thereof ~n the Westerly line of Robert Thcmpson's Lot thence run Southeasterly along the ~esterly line of said Lot of Rober Thompson 2i3.~ feet; thence run at right angles to said line In a Southwesterly dlreotio~ 155 feet to the Southwesterly corner of the Lot herein described, thence run In a Northwesterly direction, parall, with the ~esterly line of ,~obert Tho,npson's Lot 313.3 feet to ~e shore line of Chokoloskee Bay, thence meandering in a Nort~'~esterly direction along the shore line of ChoZoloskee ~ay 10.~ feet to the Northwesterly corner of ~orea O. Brown,s Lot which Is the point of beginni~ of the land herein described, contalnimZ one acre and being a part of Lot 1 of Smallwood's Subdivision of the E~ of North~ east Q~rter (NE~) of Section 36, Township 53 South, Ha~e 29 East, as said subdivision ~ recorded In Plat Book 1, Ps~e 2'~ of Collier County Records. Together with all r~parisn rl~ts. F E B 2 S 1999 4- From a stake on the Northwest shore line of Chokoloskee Island a&ae feet Southwesterly from East boundary of Range 29, Township 53 South, reaches Chokolo~kee Bay, run Southwesterly along the Northwest Snore line of Chokoloskee ~sland 20:) feet to a Btake at the Northwesterly corner of ,,chart Thoml,son's ~ot, for a point of beginnln~ of the land hcz'~in de~crib,,d; thence run Southeasterly alon~ the ',~'esterly line of HoDart Thompson's Lot 100 feet, thence at right angles Southwesterly ~O fee%, thence Northwesterly, parallel to the Westerly line of ]~oo,=rt Lot 100 feet to the Northwesterly shore llne of Cho~olosXee Island, thence Northeasterly alone the meander' line of Chokolos~ee Bey to the point of be~innin6 of the land nerein alesex'lOad; to- gether with all ripefinn rights, being ~art of Lot 1 el' Small- wood's Subdivision of East ~{alf (E~) of NortheaS~ Q~mrtcr (NEll of Section 36, Township ~3 South, Range 29 East. 5- Oo~e~cinE at a stake on the Northwest shore of Chokoloskee Isla~d nine feet Southwesterly from where the East boundary of I~enEe ~9,~ 53 reaches Chokoloskee Bay, thence run Southwesterly along the North[eat shore of Chokoloskee island 209 feet to a stake,thence 5outheasterll ~1' feet to a st~e,thence Neatheasterly 24 feet to the Hange Liae,the~ca continue Northeasterly 185 feet to a :~ako,thence Northwesterly 417 feet to the point of beginning, containing two acres more or less and being a part of Lot 1 of Smallwood's Subdivision of the West Half(W~)cf the Northwest Qu~ter(F~.)of Sect'i~ 31 io Township ~3 5out~,Sac~;e 30 East, and a part of Lot 1 of Small~o~d's Subdivision of the East half(E~) of the Northeast Quarter(kT~of Section 36 In Township 53 5outh,Ran6e East. Together wi ~ any ~nd all buildings situate thereon. TOG~HER with ~y and all right, ~ltle end interest of the Graator~ and the wives of the Grantors in and to any and all buildings and meats on or to said lands, and any and ~11 fixt~es and personal prodeft on and used in connection wlth said lands; Together with all and siag~ar,the tenemeats,heredit~enta and app~tenanoea the~uato belonging or in any wise ap~rtaining,'~ad also the estate,rl~t, title, interest,dower anu ri~t of dower, separate property, possession,claim and de~nd whatsoever. as~wellN~N~i~S~l i Pn.'~ ,, equity, of the Grantors and the wives of the Grantors, of, in and to the same and every part and parcel thereof with the appurtenances; TO HAVE AND TO HOLD the above granted, bargained and described premises, with the appurtenances, unto the Grantee, its successors and assigns, to its own proper use, benefit and behoof forever. IN WITNESS ~EREOF, the Grantors and the wive~ of the Grantors have hereunto set their hands and s,~als tixe day and year-first above written. ~' . '. ,-,.d',,.,Z,. E,., ,-~,-.,~r,:,.,~.s.. .,.../.:.: . ., ,: "'.,8, "'"'!:B&rbava u; ~ollier ' ':Isabel U. oll],er. 'i .Signed, sealed and delivered in the presence of us: 4 STATE OF FLORIDA ) ) COUNTY OF COLLIER) I hereby certify that on this day before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared Barron Collier, Jr., Miles Collier, Isabel U. Collier and Barbara M. Collier, to me known to be the persons described in and who executed the foregoing deed and they severally acknowledged to me that they executed the same. IN WITN"ESS '~I4.~REOF, I have hereunto set my hand and affixed my official seal this 1Sth day of October, 195S. STATE OF FLORIDA. COUNTY OF COLLII~ ~'lled for kecord this ...... 3--1. ......da of _.~ ..~ .....z ~..~..3... i n ...9~..~. .d ...............Boo ~..,~_~.o= P~ ge ~.15 un.j ..ecord Ver%f~ed.- .- · z~ ~7~'~'t' .......7'~~-=~, .....:~-~....:~-~ ; =../ ...~ ......... {~ ,, C~7~,". "'. ' - ......~-~, '~, ~., . ~ : - · ~: ~; ,~. ..~... ...~. + , .. '>.. .~C,.. ,...~ , c~.E - FEB 2 3 1999 i iPD!NANCE NO. 3 4 AN ORDINANCE AHENDING ORDINANCE NUMBER 91-102 THE 5 COLLIER COUNTY LAND DEVELOPMENT CODE WHICH e INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR 7 THE UNINCORPOR~TED AREA OF COLLIER COUNTY, FLORIDA 8 BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 9 8521N AND 8521S; ~Y CHANGING THE ZONING ~0 CLASSIFICATION OF THE HEREIN DESCRIBED REAL n PROPERTY FROM "A" RU~.L AGRICULTURE TO "PUD" AND 12 "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS 13 COLLIER TRACT 21, FORMERLY BEACHWAY PUD, FOR A ~4 GOLF COURSE AND ACCESSORY AND INCIDENTAL ~5 FACILITIES INCLUDING A CLUBHOUSE, 50,000 SQUARE ~6 FEET OF C-3 COMMERCIAL USES AND/OR A HOTEL ON ~7 PROPERTY LOCATED BETWEEN U.S. 41 ON THE EAST AND 18 VANDERBILT DRIVE ON THE WEST, LYING NORTH OF li1Ts 19 AVENUE AND SOUTH OF THE COCOHATCHEE RIVER, IN 20 SECTION 21, TOWNSHIP 48 SOUTH, ~ANGE 25 EAST, 2t COLLIER COUNTY, FLORIDA, CONSISTING OF 267.44+ 22 ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE 23 NUMBER 90-45.; AND BY PROVIDING AN EFFECTIVE DATE. 24 25 WHEREAS, R. Bruce Anderson of Young, van AssenCerp & 26 Varnadoe, P.A., represennin~ Collier Deveioom~nr Corporation, 27 peti%ioned the Board of County Commissioners to change the zoning 28 c!assificazion of the herein described real property; 29 NOW, THEREFORE BE iT ORDAINED by the Board of County 30 Commissioners of Collier Ccunny, Florida: 31 qmnTinN ONE: 32 The zoning classification cf the herein described real 33 property located in Section 21, Township 48 SouEh, Range 25 East, 34 Collier County, Florida, is changed from "A" Rural Agriculture Eo 35 "PUD" and "PUD" to "PUD" Planned Unit Development in accordance 36 with the Collier Trace 21, formerly Beachway PUD Document, 37 attached hereto as Exhibit "A" and incorporated by reference 38 herein. The Official Zoning Atlas Map Number 8521N and 8521S, as 39 described in Ordinance Number 91-102, the Collier County Land 40 Development Code, are hereby amended accordingly. 4~ SECTION TWO: 42 Ordinance Number 90-45, known as Beachway adopted on June 5, 43 1990 by the Board of County Commissioners of Collier County, is ~4 hereby repealed in ins entirety. ~ 45 F E B g 3 1999 ! SECTION THREE: 2 Th!s Ordinance shall become effective upen filing with the 3 Department of State. 4 PASSED AND DULY ADOPTED by :he Board of County ,Commissioners 5 of Collier CounEy, Florida, this day cf , 6 1999. 7 s BOARD OF COUNTY COMMISSIONERS 9 COLLIER COUNTY, FLORIDA 10 11 12 ATTEST: 13 BY: 14 PAMELA S. MAC'KIE, CHAIRWOMAN 15 DWIGHT E. BROCK, Clerk 16 17 18 19 Approved as to Form 2o and Legal Sufficlency 21 22 24 Marjo~he M. Student 25 Assistant County Attorney 26 27 PUD-98-i3 ORDINANCE/ 28 29 No./. _ F E B g 3 1999 COLLIER TRACT 21 A PLANNED UNIT DEVELOPMENT PREPARED BY: YOUNG, VAN ASSENDERP & VARNADOE, P.A. 801 LAUREL OAK DRIVE, SUITE 300 NAPLES, FLORIDA 34108 November 5, 1998 DATE FILED: DATE REVISED: DATE REVIEWED BY CCPC: DATE APPROVED BY BCC: ORDINANCE NUMBER: i F E B g 3 1999 TABLE OF CONTENTS SECTION I PROPERTY OWNERSHIP AND DESCRIPTION SECTION II PROJECT DEVELOPMENT REQUIREMENTS SECTION III COMMERCIAL SECTION IV GOLF COURSE AND LAKES SECTION V RESERVE SECTION VI GENERAL DEVELOPMENT COMMITMENTS EXHIBIT "A" PUD MASTER PLAN 1999 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 Collier Tract 21 Planned Unit Development. 1.2 LEGAL DESCRIPTION PARCEL NO. 1 A PARCEL OF LAND LYING IN SECTION 21, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 21; THENCE NORTH 89°50'30" WEST ALONG THE SOUTHERLY LINE OF THE SOUTHEAST QUARTER (SE1/4) OF SAID SECTION 21 FOR A DISTANCE OF 995.63 FEET; THENCE LEAVING SAID SOUTHERLY LINE NORTH 00°09'30'' EAST FOR A DISTANCE OF 100.00 FEET TO AN INTERSECTION WITH A LINE 100.00 FEET NORTHERLY OF AND PARALLEL WITH THE SAID SOUTHERLY LINE OF THE SOUTHEAST QUARTER (SE1/4) OF SECTION 21; THENCE NORTH 89050'30'' WEST ALONG SAID PARALLEL LINE FOR A DISTANCE OF 401.04 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL NO. 1; THENCE NORTH 89050'30'' WEST CONTINUING ALONG SAID PARALLEL LINE FOR A DISTANCE OF 1260.82 FEET TO AN INTERSECTION WITH A LINE 30.00 FEET EASTERLY OF AND PARALLEL WITH THE EASTERLY LINE OF THE SOUTHWEST QUARTER (SW1/4) OF SAID SECTION 21; THENCE NORTH 01°32'2Y WEST ALONG SAID PARALLEL LINE FOR A DISTANCE OF 440.86 FEET; THENCE LEAVING SAID PARALLEL LINE SOUTH 88027'37'' WEST FOR A DISTANCE OF 30.00 FEET TO AN INTERSECTION WITH THE SAID EASTERLY LINE OF THE SOUTH~iVEST QUARTER (SW1/4) OF SECTION 21; THENCE NORTH 01032'23'' WEST ALONG SAID EASTERLY LINE FOR A DISTANCE OF 890.00 FEET; THENCE LEAVING SAID EASTERLY LINE NORTH 89"51 '48" WEST ALONG A LINE PARALLEL WITH THE SOUTHERLY LINE OF SAID SOUTHWEST QUARTER OF ---- SECTION 21 FOR A DISTANCE OF 1350.98 FEET TO AN INTERSECTION WITH THE F E B 2, 3 1999 EASTERLY LINE OF THE WEST ONE-HALF (W1/2) OF THE SAID SOUTHWEST QUARTER (SW1/4) OF SECTION 21; THENCE NORTH 01°52'47'' WEST ALONG SAID EASTERLY LINE FOR A DISTANCE OF 621.76 FEET TO AN INTERSECTION WITH A LINE 399.71 FEET NORTHERLY OF AND PARALLEL WITH THE SOUTHERLY LINE OF THE NORTH ONE-HALF (N 1/2) OF THE SOUTH ONE-HALF (S1/2) OF THE NORTHWEST QUARTER (NW1/4) OF THE SOUTHWEST QUARTER (SW1/4) OF SAID SECTION 21; THENCE SOUTH 89°57'13'' WEST ALONG SAID PARALLEL LINE FOR A DISTANCE OF 1304.52 FEET TO AN INTERSECTION WITH A LINE 50.00 FEET EASTERLY OF AND PARALLEL WITH THE WESTERLY LINE OF SAID SECTION 21, SAID LINE BEING THE EASTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD C-901; THENCE NORTH 02° 13'17" WEST ALONG SAID RIGHT-OF-WAY LINE FOR A DISTANCE OF 1473.46 FEET TO AN INTERSECTION WITH A LINE 1752.45 FEET SOUTHERLY OF AND PARALLEL WITH THE NORTHERLY LINE OF SAID SECTION 21; THENCE LEAVING SAID EASTERLY RIGHT-OF-WAY LINE NORTH 89033'45.. EAST ALONG SAID PARALLEL LINE FOR A DISTANCE OF 1588.50 FEET TO AN INTERSECTION WITH THE SOUTHERLY LINE OF BULKHEAD LINE NO. 2 AS RECORDED IN PLAT BOOK 1, PAGE 16 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE SOUTH 20°30'21" EAST ALONG SAID LINE FOR A DISTANCE OF 37.72 FEET TO A POINT OF CURVATURE; THENCE SOUTHERLY, SOUTHEASTERLY, EASTERLY, NORTHEASTERLY AND NORTHERLY CONTINUING ALONG SAID LINE AND ALONG SAID CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 400.00 FEET, A CENTRAL ANGLE OF 157o43'50'' FOR AN ARC DISTANCE OF 1101.17 FEET TO A POINT OF REVERSE CURVATURE; THENCE NORTHERLY, NORTHEASTERLY, EASTERLY, AND SOUTHEASTERLY CONTINUING ALONG SAID LINE AND ALONG SAID CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 500.00 FEET, A CENTRAL ANGLE OF 124°16'03'' FOR AN ARC DISTANCE OF 1084.44 FEET TO A POINT OF TANGENCY; THENCE SOUTH 53°58'08'' EAST FOR A DISTANCE OF 505.81 FEET TO AN INTERSECTION WITH THE WESTERLY LINE OF LANDS DESCRIBED IN OFFICIAL RECORD BOOK 1355, PAGE 1011, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE SOUTH 00°39'10'. EAST ALONG SAID WESTERLY LINE FOR A DISTANCE OF 1066.03 FEET TO THE SOUTHWEST CORNER OF SAID LANDS; THENCE NORTH 89020'50.' EAST ALONG THE SOUTHERLY LINE OF SAID LANDS FOR A DISTANCE OF 50.00 FEET TO AN INTERSECTION WITH THE WESTERLY LINE OF WALKERBILT ROAD AS DESCRIBED IN DEED BOOK 33, PAGE 279, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE SOUTH 00°39'10" EAST ALONG SAID WESTERLY LINE FOR A DISTANCE OF 60.00 FEET TO AN INTERSECTION WITH THE SOUTHERLY LINE OF SAID WALKERBILT ROAD; F E B 2 3 1999 Pa. THENCE NORTH 89°20'50'' EAST ALONG SAID SOUTHERLY LINE FOR A DISTANCE OF 600.21 FEET; THENCE NORTH 89°21'48'' EAST CONTINUING ALONG SAID SOUTHERLY LINE FOR A DISTANCE OF 731.07 FEET TO THE NORTHWEST CORNER OF LANDS DESCRIBED IN OFFICIAL RECORD BOOK 1219, PAGE 1672, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE SOUTH 00o43'07'' EAST ALONG THE WESTERLY LINE OF SAID LANDS FOR A DISTANCE OF 300.00 FEET; THENCE NORTH 89o21'48'' EAST ALONG THE SOUTHERLY LINE OF SAID LANDS FOR A DISTANCE OF 300.00 FEET TO AN INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF TAMIAMI TRAIL (U.S. 41, S.R. 45); THENCE SOUTH 00°43'07'' EAST ALONG SAID WESTERLY RIGHT-OF-WAY LINE FOR A DISTANCE OF 505.65 FEET; THENCE LEAVING SAID WESTERLY LINE SOUTH 89°16'53" WEST FOR A DISTANCE OF 55.53 FEET TO A POINT OF CURVATURE; THENCE NORTHWESTERLY ALONG SAID CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 250.00 FEET, A CENTRAL ANGLE OF 62o55'02'' FOR AN ARC DISTANCE OF 274.53 FEET TO A POINT OF INTERSECTION WITH A NON-TANGENT LINE; THENCE SOUTH 00009'30'' WEST FOR A DISTANCE OF 631.93 FEET; THENCE NORTH 89050'30'' WEST FOR A DISTANCE OF 154.92 FEET; THENCE SOUTH 00o09'30'' WEST FOR A DISTANCE OF 5.00 FEET; THENCE NORTH 89°50'30'' WEST FOR A DISTANCE OF 801.92 FEET; THENCE SOUTH 00042'02'' EAST FOR A DISTANCE OF 1210.87 FEET TO THE POINT OF BEGINNING; CONTAINING 244.233 ACRES OF LAND, MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. PARCEL NO. 2 A PARCEL OF LAND LYING IN SECTION 21, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER (SE 1/4) OF SAID SECTION 21; THENCE SOUTH 89°50'41'' WEST ALONG THE NORTHERLY LINE OF SAID SOUTHEAST QUARTER (SE 1/4) FOR A DISTANCE OF 818.47 FEET; THENCE LEAVING SAID NORTHERLY LINE NORTH 00o40'47'' WEST FOR A DISTANCE OF 12.87 FEET TO AN INTERSECTION WITH THE NORTHERLY LINE OF WALKERBILT ROAD, THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL NO. 2; 3 F F_ B 2 1999 THENCE SOUTH 89°21 '48" WEST ALONG SAID NORTHERLY LINE FOR A DISTANCE OF 356.00 FEET TO AN INTERSECTION WITH A LINE PARALLEL WITH THE WESTERLY RIGHT-OF-WAY LINE OF TAMIAMI TRAIL (U.S. 41 - S. R. 45 ); THENCE LEAVING SAID NORTHERLY LINE NORTH 00°40'47'' WEST ALONG SAID PARALLEL LINE FOR A DISTANCE OF 599.13 FEET TO AN INTERSECTION WITH THE SOUTHERLY LINE OF BULKHEAD LINE NO. 3, AS RECORDED IN PLAT BOOK 1, PAGE 16, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING A POINT OF INTERSECTION WITH A NON-TANGENT CURVE FROM WHICH THE RADIUS POINT BEARS NORTH 20o56'08'' EAST; THENCE EASTERLY ALONG SAID SOUTHERLY LINE AND ALONG SAID CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 400.00 FEET, A CENTRAL ANGLE OF 53°0Y24'' FOR AN ARC DISTANCE OF 370.41 FEET TO A POINT OF INTERSECTION WITH A NON-TANGENT LINE WHICH IS PARALLEL WITH THE AFORESAID WESTERLY RIGHT-OF-WAY LINE OF TAMIAMI TRAIL (U.S. 41 - S. R 45); THENCE SOUTH 00°40'47'' EAST ALONG SAID PARALLEL LINE FOR A DISTANCE OF 630.00 FEET TO THE POINT OF BEGINNING; CONTAINING 4.790 ACRES OF LAND, MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. PARCEL NO. 3 A PARCEL OF LAND LYING IN SECTION 21, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 21; THENCE NORTH 89°50'30'' WEST ALONG THE SOUTHERLY LINE OF THE SOUTHEAST QUARTER (SE1/4) OF SAID SECTION 21 FOR A DISTANCE OF 995.63 FEET; THENCE LEAVING SAID SOUTHERLY LINE NORTH 00o09'30.' EAST FOR A DISTANCE OF 100.00 FEET TO AN INTERSECTION WITH A LINE 100 .00 FEET NORTHERLY OF AND PARALLEL WITH THE SAID SOUTHERLY LINE OF THE SOUTHEAST QUARTER (SE1/4) OF SECTION 21, THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL NO. 1; THENCE NORTH 89°50'30'' WEST ALONG SAID PARALLEL LINE FOR A DISTANCE OF 401.04 FEET; THENCE LEAVING SAID PARALLEL LINE NORTH 00o42'02'' WEST FOR A DISTANCE OF 1210.87 FEET; THENCE SOUTH 89°50'30'' EAST FOR A DISTANCE OF 801.92 FEET; THENCE NORTH 00o09'30'' EAST FOR A DISTANCE OF 5.00 FEET; THENCE SOUTH 89050'30'' EAST FOR A DISTANCE OF 154.92 FEET; THENCE NORTH 00o09'30.' EAST FOR A DISTANCE OF 631.93 FEET TO A POINT OF INTERSECTION WITH A NON-TANGENT CURVE FROM WHICH THE RADIUS POINT BEARS NORTH 62°11'56" EAST; ,~0E?y.,~ 4 F E B g 3 1999 THENCE SOUTHEASTERLY ALONG SAID CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 250.00 FEET, A CENTRAL ANGLE OF 62055'02" FOR AN ARC DISTANCE OF 274.53 FEET TO A POINT OF TANGENCY; THENCE NORTH 89o16'53'' EAST FOR A DISTANCE OF 55.53 FEET; THENCE SOUTH 00043'07'' EAST FOR A DISTANCE OF 505.08 FEET; THENCE NORTH 89°50'30" WEST FOR A DISTANCE OF 442.82 FEET' THENCE SOUTH 45o09'30'' WEST FOR A DISTANCE OF 151.26 FEET: THENCE SOUTH 00°09'30" WEST FOR A DISTANCE OF 100.00 FEET: THENCE SOUTH 45009'30" WEST FOR A DISTANCE OF 200.00 FEET: THENCE SOUTH 00o09'30'' WEST FOR A DISTANCE OF 390.00 FEET: THENCE SOUTH 45°09'30'' WEST FOR A DISTANCE OF 190.00 FEET' THENCE SOUTH 00o09'30'' WEST FOR A DISTANCE OF 338.00 FEET: TO THE POINT OF BEGINNING; CONTAINING 18.415 ACRES OF LAND, MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 1.3 PROPERTY OWNERSHIP The subject property is currently owned by Collier Development Corporation, 3003 Tamiami Trail North, Naples, Florida 34103. 1.4 GENERAL DESCRIPTIONS OF THE PROPERTY A. The project site is located between U.S. 41 on the eastern border and Vanderbilt Drive on the western border, lying north of 111 th Ave. and south of the Cocohatchee River. B. The zoning classification of the subject property prior to the date of this approved PUD document was PUD Ordinance No. 90-45 and A - Agricultural. 1.5 PHYSICAL DESCRIPTION The project site is a mixture of range land, upland forests, barren land and wetlands. The wetlands border the Cocohatchee River to the north. Several small isolated seasonal wet prairies are found on the site. Elevations range from 3.0 to 10.0 feet with the highest elevations on the southeast corner of the property which from there slopes downward to the northwest and the river. The soils are a species of fine sands (Arzell, Charlotte, Immokalee, and St. Lucie) and mangrove swamp along the river. F E B 2 8 1999 1.6 STATEMENT OF CONSISTENCY WITH THE GROWTH MANAGEMENT PLAN The development of Collier Tract 21 as a Planned Unit Development is consistent with the planning goals, objectives and policies of Collier County's Growth Management Plan and complies with pertinent implementing ordinances. This PUD represents a reduction of density, intensity and resultant impacts from the 800 dwelling units authorized in Ordinance No. 90-45 to no dwelling units. The 3.4 acre Commercial Tract "C" is considered to be within the Activity Center by virtue of the Activity Center 75% Rule of the Future Land Use Element, and is, therefore, consistent with the Growth Management Plan. Tract "C" is a portion of Parcel 3, a separate tax parcel that includes and overlaps the Activity Center, which is legally described in Section 1.2 of the PUD document. Consistency with the goal requiring well planned and compatible land uses and objectives which establish density levels are designated in the plan. The proposed project furthers these standards including the use of creative PUD design with useable open space. 1.7 SHORT TITLE This Ordinance shall be known and cited as the Collier Tract 21 P.U.D. FEB g 8 1999 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 A. Regulations for development of the Collier Tract 21 PUD shall be in accordance with the contents of this document, PUD-Planned Unit Development District, applicable sections and parts of the Collier County Land Development Code and Collier County Growth Management Plan in effect at the time of local final development order or building permit application. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the Collier County Land Development Code shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the date of adoption of this PUD. C. All conditions imposed and graphic material presented depicting restrictions for the development of the Collier Tract 21 PUD shall become pan of the regulations which govern the manner in which the PUD site may be developed. D. Unless specifically waived through any variance or waiver provisions from any other applicable regulations, the provisions of those regulations not otherwise provided for in this PUD remain in full force and effect. E. 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 Collier County Land Development Code at the earliest, or next, to occur of either Final Site Development Plan approval, Final Plat approval, or building permit issuance applicable to this development. F. County open space requirements for the Collier Tract 21 PUD are deemed satisfied by the golf course, and no separate open space requirements shall be applied to the Commercial Tract. 1999 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan is iljustrated graphically by Exhibit "A", PUD Master Plan. There shall be four (4) land use parcels. The master plan also includes water management systems. The project parcels will be grouped according to the following land use categories: Land Use Tracts "G": Golf course, +170.5 acres "C": Commercial, 50,000 square feet of gross leasable area/one hundred (100) hotel or motel rooms, +3.4 acres "L": Lake, 4-29 acres "RS": Reserve, 4-64.5 acres TOTAL 4-267.4 acres B. In addition to the various areas and specific items shown in Exhibit "A", easements such as (utility, private, semi-public) shall be established and/or vacated within or along the property, as may be necessary.. C. Minor modifications to Exhibit "A", may be permitted at the time of Site Development Plan approval, subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code or as otherwise permitted by this PUD Document. 2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan. Except as otherwise provided within this PUD Document, any division of the property and the development of the land shall be in compliance with the Subdivision Regulations and the platting laws of the State of Florida. B. The provisions of Division 3.3, Site Development Plans of the Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division 3.3 prior to the issuance of a building permit or other development order. 1999 .A C. Appropriate instruments will be provided at the time ofinfrastructural improvements regarding any dedications and the methodology for providing perpetual maintenance of common facilities. 2.5 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in Section 2.7.3.5 of the Land Development Code. Prior to the recording of any Record Plats, final plans of the required improvements shall receive the approval of all appropriate Collier County govemmental agencies to insure compliance with the Master Plan, the County Subdivision Regulations and the platting laws of the State of Florida. 2.6 LANDSCAPE BUFFER There shall be a 15 foot vegetative buffer provided along U.S. 41, 11 lth Avenue North, Walkerbilt Road and Vanderbilt Drive at the project boundaries. Within this buffer, project landscaping and perimeter treatments provided in Section 6.15 of this PUD, including a combination of walls or fences and berms up to 14 feet in height, no more than 8 feet of which may be wall or fence, shall be allowed. Ifa parallel road is constructed along U.S. 41, there shall be no separate or additional landscape buffer requirements applied to said parallel road. 9 F E B 2 B 1999 SECTION III COMMERCIAL 3.1 PURPOSE The purpose of this section is to identify specific development standards for the area to be developed on Exhibit "A" as Tract "C" Commercial. 3.2 MAXIMUM SQUARE FOOTAGE A maximum of 50,000 square feet of gross leasable area may be constructed on Tract "C". If a hotel with accessory uses is developed on Tract "C", the maximum square footage shall be reduced by 225 square feet for every hotel room. 3.3 USES PERMITTED No building or structure, or part thereof shall be erected, altered or used, or lands used, in whole or part, for other than the following: A. Principal Uses 1. All uses allowed as permitted and conditional uses in the C-3 zoning district as of the effective date of the Collier Tract 21 PUD ordinance. 2. Hotels and motels not to exceed 100 units. 3. Any uses permitted on Golf Course and Lake Tracts. 4. Any other use which is comparable in nature with the foregoing uses which the Planning Services Manager determines to be compatible with the intent of this PUD district. B. Accessory Uses 1. Customary accessory uses including meeting rooms and sit down restaurant for hotel and motel. F E B 2 3 1999 3.4 DEVELOPMENT STANDARDS A. General: All yards and setbacks shall be in relation to individual parcel boundaries. B. Minimum Lot Area: 10,000 square feet. C. Minimum Lot Width: 75 feet D. Minimum Yards: Front yard: 25 feet; 30 feet on U.S. 41 plus 5 feet for each story in excess of one story. Side yard: 15 feet. Rear yard: 15 feet. Any yard abutting a residential parcel: 25 feet. E. Minimum Floor Areas: 700 square feet. F. Off-Street Parking and Loading Requirements: As required by the Collier County Land Development Code in effect at the time of site development plan approval. G. Maximum Height: 1. Principal and accessory structures - 50 feet. H. Access: Motor vehicle access to Tract C, which shall also serve as the access to the golf course and club house, shall be limited to one access point on U.S. 41 that lines up with the northern entrance to Riverchase Shopping Center. This common access point will be signalized by the State of Florida Department of Transportation CFDOT") pursuant to a separate agreement with Collier Development Corporation for the widening of U.S. 41. 11 F E B 2 a 1999 SECTION IV GOLF COURSE AND LAKES 4.1 PURPOSE The purpose of this Section is to set forth the regulations for the areas designated on Exhibit "A" as Tracts "G" Golf Course and Tracts "L" Lake. 4.2 USES PERMITTED 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, biking, hiking, canoeing, and nature trails, bridges, boardwalks, overlooks, and all uses permitted in the Reserve Area Tract. 2. Parks, tennis and racquetball courts, basketball courts, exercise courses, and swimming pools, and any other community neighborhood recreational facilities. 3. Community recreation center buildings, recreational shelters, gazebos, clubhouse, restrooms, and wildlife sanctuary/management areas. 4. Water Management and essential services facilities, landscape buffers, berms, and walls or fences and any other perimeter treatments as provided in Section 6.15 of this PUD. 5. Any other recreational and open space activity or use which is similar in nature with the foregoing uses and which the Planning Services Director determines to be compatible with the intent of this PUD district. 6. Gates and gatehouses. 7. Child care centers, if authorized by Members. 8. Utility facilities including a reverse osmosis facility or similar facility used to treat and/or produce water for irrigation of the golf course, golf course maintenance and golf cart storage facilities. 9. Sales Center for golf course memberships. 12 2 FEB 2 8 1999 B. Permitted Accessory Uses and Structures 1. Accessory uses and structures customarily associated with the uses permitted in this district, provided that the clubhouse building shall not exceed 60,000 square feet. 2. Essential services and facilities, including irrigation pumphouses and facilities. 3. Caretakers residence. 4. Sales offices/centers and property management offices. 5. Temporary construction office. 4.3 DEVELOPMENT STANDARDS A. Overall site design shall be harmonious in terms of landscaping, enclosure of structures, location of access streets and parking areas and location and treatment of buffer areas as determined by site development plan regulations. B. Buildings shall be set back a minimum of twenty-five (25) feet from right-of-way, and fifteen (15) feet from any property lines. Unless otherwise specifically provided there shall be no setback requirement for landscape buffers and perimeter treatments. C. Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties from direct glare or other interference. D. Maximum height of structures: Fifty (50) feet. E. Minimum distance between principal structures: Fifteen (15) feet. F. Setback from lakes: Twenty (20) feet. G. Minimum standards for parking, landscaping and lighting, shall be in accordance with applicable Collier County regulations in effect at the time of site development plan approval. H. The Golf Course and Lake Tracts need not be platted. I. The Golf Course Tract lying north of Walkerbilt Road shall be subject to the --- following standards if any structures are constructed thereon: 13 F E B 2 3 1999 1. Masonry wall or similar pre-fabricated wall at least 8 feet in height along the east and west property lines and set back at least 10 feet from said property lines. 2. Within said east and west setbacks, exterior to the walls, canopy trees at least 12 feet in height shall be planted twenty-five (25) feet on center. 3. Along the south property line, except for any driveway, a fifteen (15) foot landscape strip shall be installed to provide a 100% opacity rating within one ( 1 ) year of installation. 1999 SECTION V RESERVE AREA 5.1 PURPOSE Reserve Area - The purpose is to preserve and protect vegetation in its natural state and allow limited recreational uses subject to receipt of appropriate permits. It is designated Tract "RS" Reserve on Exhibit "A." 5.2 USES PERMITTED No building or structure or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses 1. Open spaces/nature preserves, golf can tee boxes and golf course bridges and paths. 2. Small docks, piers or other such facilities constructed for purposes of recreation for members of the project. 3. Passive recreation: hiking trails, boardwalks, overlooks. 15 F E B g 8 1999 SECTION VI GENERAL DEVELOPMENT COMMITMENTS 6.1 PURPOSE The purpose of this Section is to set forth the general commitments for development of the project. 6.2 P.U.D. MASTER PLAN All facilities shall be constructed in accordance with final site development plans, final subdivision plans and all applicable state and local laws, codes and regulations in effect on the effective date of the Collier Tract 2 1 PUD except where specifically noted. A. The PUD Master Plan (Exhibit "A") is an iljustrative preliminary development plan. B. The design criteria and layout iljustrated on the Master Plan and the exhibits supporting this project shall be understood as flexible. C. Master Plan design changes shall be permitted as provided in Section 2.7.3.5 of the Land Development Code. D. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities. E. Agreements, provisions, or covenants which govern the use, maintenance and continued protection of the PUD and common areas, will be provided. 6.3 SOLID WASTE DISPOSAL An agreement between the Developer and the approved waste disposal service shall be entered into in order to provide for solid waste collection service to all areas of the project. 6.4 TRANSPORTATION A. Golf course maintenance/service driveways shall be permitted on Vanderbilt Drive, 111th Avenue and Walkerbilt Road. F E B 2 3 1999 B. Prior to or at the time of completion of construction of the last of the Commercial Tract or Golf Course Tracts, the Developer shall provide street lighting at the project entrance, but lighting shall not be required for maintenance/service driveways. C. If gate houses are to be used, they shall be located so as not to cause entering vehicles to be backed up onto any State or County road. D. Road impact fees shall be in accordance with the schedule contained in Ordinance 92-22, or as it may be amended, and shall be paid at the time building permits are issued unless otherwise approved by the Board of County Commissioners. 6.5 WATER MANAGEMENT A. Detailed site drainage plans shall be submitted to Engineering Review Services for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by Engineering Review Services. B. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Land Development Code. C. An Excavation Permit will be required for the proposed lake(s) in accordance with " Division 3.5 of the Land Development Code. D. A Conceptual permit from South Florida Water Management District or, a copy of the permit application with supporting information submitted to the South Florida Water Management District and all subsequent correspondence shall be provided prior to construction plan approval. E. Petitioner shall provide evidence by appropriate computer modeling and profile plotting that the existing hydraulic grade line of the Naples Park North Drainage Basin Outfall north of 111th Avenue will not significantly impacted by the installation of the culvert pipes and lake system in the proposed modified Basin Outfall across this proposed golf course project. 6.6 ENVIRONMENTAL A. Petitioner shall be subject to Division 3.9, Vegetation Removal, Protection and Preservation of the Land Development Code. A site clearing plan shall be submitted to Current Planning Environmental staff for their review and approval prior to any substantial work on the site. This plan may be submitted in phases to coincide with the development schedule. The site clearing plan shall clearly depict how the final site layout incorporates retained native vegetation to the maximum ~et~nt nraetieal 17 FEB 2 3 1999 F'a. and how roads, buildings, lakes, parking lots, and other facilities have been oriented to accommodate this goal. B. Native species shall be utilized, where available, to the maximum extent possible in the site landscaping design. A landscaping plan for the commercial tract will be submitted to Current Planning Environmental staff for their review and their approval. This plan will depict the incorporation of native species and their mix with other species, if any. The goal of site landscaping shall be the re-creation of native vegetation and habitat characteristics lost on the site during construction or due to past activities. C. All exotic plants, as defined in the County Code, shall be removed during each phase of construction from development areas, open space areas, and preserve areas. Following site development, a maintenance program shall be implemented to prevent re-invasion of the site by such exotic species. This plan, which will describe control techniques and inspection intervals, shall be filed with and approved by the Current Planning Environmental staff. D. 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. E. Any future proposed dock construction shall comply with the Florida Department of Environmental Protection (DEP)/Collier County Manatee Protection Plan. F. If turkey oaks 'are discovered during tree removal permitting, they shall be transplanted to the upland preserve areas or utilized in project landscaping. G. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit (ERP) rules and regulations, as well as the U.S. Army Corps of Engineers §404 Permitting Program. Removal of exotic vegetation shall not be the sole means of mitigation for impacts to Collier County jurisdictional wetlands. H. All conservation shall be recorded on any required plats with protective covenants per or similar to §704.06, Florida Statutes. In the event platting is not required, conservation easements shall be recorded for such areas, subject to uses and limitations similar to or per Florida Statute Section 704.06. Conservation areas shall be maintained by the golf club, and these areas shall be dedicated to Collier County on plats or easements, as applicable, with no responsibility for maintenance. FEB ~, 3 1999 ,--- I. Buffers around wetlands shall be in accordance with the ERP issued for this project. Current Planning Environmental Staff shall be provided with copies of U.S. Army Corps of Engineers permits prior to any construction occurring in jurisdictional areas addressed by such permits. Construction or early work permits from the South Florida Water Management District shall be presented prior to Final Site Plan/Construction Plan approvaL. J. Petitioner shall coordinate protected wildlife species issues through the ERP and CORPS §404 permit review process and comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service and Florida Game and Freshwater Fish Commission. Where a protected species occur on site, a Habitat Management Plan for those protected species shall be submitted to Current Planning and Environmental Staff for review and approval prior to Final Site Plan/Construction Plan approval. 6.7 FIRE PROTECTION The project development shall comply with all applicable fire codes and regulations. Fire hydrants shall be installed in accordance with regulations in effect at the time of construction. 6.8 ENGINEERING AND UTILITIES A. Work within Collier County right-of-way shall meet the requirements of Collier County Right-of-Way Ordinance 82-91. B. Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88-76, as amended, and other applicable County rules and regulations. C. 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. D. Construction drawings, technical specifications and all pertinent design information shall be submitted, in accordance with Collier County Ordinance 97-17 or amendments thereto, and shall be approved prior to the issuance of development construction approval. FEB 2 3 1999 6.9 DEVELOPMENT SEQUENCE AND SCHEDULE The property is to be developed over an estimated 4 year time period. This projection of project development is no more than an estimate based on current marketing knowledge. The estimate may change depending upon future economic factors. 6.10 EASEMENTS Easements shall be provided for water management areas, utilities and other purposes as required. 6.11 LAKE SITING As depicted on the P.U.D. Master Plan (Exhibit "A"), lakes and natural areas have been preliminarily sited. The goals are to achieve an overall aesthetic character for the project, to permit optimum use of the land, and to increase the efficiency of the water management network. Accordingly the pertinent setback requirements described in Ordinance No. 88-26, Section 8A may be reduced with the approval of the authorized County official. Fill material from the lakes are planned to be utilized within the project. However, excess fill material, up to 10% of the total or a maximum of 20,000 cubic yards may be removed and utilized off- site subject to the requirement of Ordinance No. 88-26, including but not limited to traffic impact fees, etc. Removal of material in excess of 10% of total or maximum of 20,000 cubic yards must meet the requirements of a commercial excavation per Ordinance No. 88-26. To assure site specificity, construction plans must be submitted with excavation permit submittal. 6.12 SIGNAGE The developer intends to create a uniformly designed special signage and identification system including, but not limited to, subdivision and entrance signs for the project to compliment the intended development themes and architectural styles. Project identification signs shall be allowed at the principal project entrances to the PUD at U.S. 41. These may not exceed one hundred and fifty (150) square feet in total area at each entrance and shall not exceed a height of fifteen (15) feet above the established grade. Additionally, project entrance signs announcing the names of the planned golf course and commercial site shall be allowed. Each identifiable project development shall be allowed one project entrance sign, not to exceed an area of eighty (80) square feet and a height often (10) feet above the established grade. FEB 2 3 1999 Utilization of the public rights-of-way for landscaping decorative entrance ways, and signage shall be reviewed and approved by the Transportation Director prior to any installations. 6.13 ESSENTIAL SERVICES Essential services as defined in Land Development Code Section as permitted or conditional uses are considered as an acceptable permitted use in all land use categories within the project. 6.14 ROADS The entrance to the golf course club shall be a driveway and shall not be subject to the provisions of Land Development Code Section 3.2. Roads within the commercial tract of the development may be either public or private roads, depending on location, capacity, and design. Gating and/or gatehouses may be located on driveways or private roads only. 6.15 PERIMETER TREATMENTS The perimeter of the project is intended to be buffered/screened from adjacent properties and fights-of-way by combination of any or all of the following; vegetative buffers, berms, walls, fences or other materials in keeping with the aesthetic theme and quality of the proposed project. Additionally, it shall be allowed that gazebos, towers, arches, fountains or other architectural monuments be incorporated within the perimeter treatment and that this PUD doeument's setback and height restrictions shall be waived on these architectural elements, subject to review and approval of the Engineering Review Services for line-of-sight traffic requirements. The buffering/screening of the perimeter of the project shall be of such design that it will allow the runoff to flow as designed by the water management system. F:\USERSxLANA\WpgXSECTION.21XPUD REV 1101.wpd November 5, 1998 21 FEB 2 3 1999 199! EXECUTIVE SUMMARY AMENDMENT TO THE RESIDENTIAL REHABILITATION PROGRAM. OBJECTIVE: To have the Board of County Commissioners adopt the ordinance approving the amendment of ordinance No. 94-39 Residential Rehabilitation Program to allow homeowners to choose their own contractor to complete the rehabilitation. Amend attachment A. to allow homeowners to choose their own contractor to complete the rehabilitation; providing conflict and severability; providing for inclusion in the code of laws and ordinances; and providing for an effective date. CONSIDERATION: On November 8, 1994 the Collier County Board of County Commissioners approved Ordinance No. 94-39 Residential Rehabilitation Program. The Program currently Pre-Qualifies Contractors and then appoints contractors to complete Rehabilitation projects. Over the years the pool of pre-qualified contractors has dwindled to only one contractor submitting bids on a regular basis. This amendment will allow homeowners the option of not only using a Collier County Pre-Qualified Contractor but also any licensed, insured contractor they select. FISCAL IMPACT: All Residential Rehabilitation SHIP Loans will still have a maximum of $15,000. Whether the project is completed by a pre-qualified contractor or a contractor selected by the owner should not have any impact on the overall project cost. However, if a homeowner is given the opportunity to entertain several different bids, the new competition should allow homeowners to receive more work for the same $15,000 limit. GROWTH MANAGEMENT IMPACT: The amended Residential Rehabilitation Program will allow Collier County and the City of Naples to enhance the development and rehabilitation of affordable housing. F E B 2 3 1999 RECOMMENDATION: That the Board of County Commissioners adopt the proposed ordinance for the amended Collier County Residential Rehabilitation Program. SUBMITTED BY: ...__~~ Date: "~ ' "' *' ' c~ '7 Cormac J. Giblin, Manager Department of Housing and Urban Improvement "' G~eg ih"~,'Director 7f~ Urban Improvement APPROVED BY: Date: ~ '///' "7 ~ Vincent A. Cautero, AICP, Administrator Division of Community Development and Environmental Services F E B g 8 1999 2 2 ORDINANCE NO. 99- 3 4 AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 94- 5 39 WHICH ADOPTED THE COLLIER COUNTY RESIDENTIAL 6 REHABILITATION PROGRAM; AMENDING ATTACHMENT A TO ALLOW 7 HOMEOWNERS TO CHOOSE THEIR OWN CONTRACTOR TO COMPLETE 8 THE REHABILITATION; PROVIDING FOR CONFLICT AND 9 SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF l0 LAWS AND ORDINa~NCES; AND PROVIDING FOR AN EFFECTIVE 22 DATE. 12 ~3 WHEREAS, the Florida State legislature enacted the William E. 24 Sadowski Affordable Housing Act on July 7, 1992 (the "Act") , ~5 Section 420.907, et seq., Florida Statutes, Chapter 91-37, Florida ~6 Administrative Code, as a comprehensive funding package for state ~7 and local housing programs to better enable local governments to 28 meet their responsibilities for affordable housing in accordance 29 with their comprehensive plans; and 20 WHEREAS, pursuant to the Act, the State has allocated a 22 portion of new and existing documenting stamp taxes on deeds (the 22 "SHIP" funds) to local governments for development and maintenance 23 of affordable housing; 24 WHEREAS, Collier County has adopted by Resolution, as amended 25 by Resolution, a local Housing Assistance Plan, and which provides 26 a maximum award schedule, a cost per unit, and a maximum cost per 27 unit for eligible housing benefiting from awards made pursuant to 28 the SHIP Funds; and 29 WHEREAS, the County, by County Ordinance No. 94-39, adopted a 30 residential rehabilitation program consistent with the Local 32 Housing Assistance Plan, which will utilize various funding 32 sources; and 33 WHEREAS, the County desires to amend the Residential 34 Rehabilitation Program to allow homeowners to choose their own 35 contractor, if they desire, to complete the rehabilitation 36 according to County bid specifications and inspections. 37 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 38 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Words underlined are additions, words struck thrcu~h are 1 FEB 2 1999 ~. I~o. ',~ ~-- SECTION I: Attachment A to Ordinance No. 94-39 shall be amended as follows: 3 See attachment A attached to this Ordinance and 4 incorporated herein. 5 SECTION II: Conflict and Severability. 6 In the event this Ordinance conflicts with any other ordinance 7 of Collier County or other applicable law, the more restrictive 8 shall apply. If any phrase or portion of the ordinance is held 9 invalid or unconstitutional by any court of competent jurisdiction, ]0 such portion shall be deemed a separate, distinct and independent ]] provision and such holding shall not affect the validity of the 11 remaining portion. 13 SECTION III: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. 14 The provisions of this Ordinance shall become and be made a 15 part of the Code of Laws and Ordinances of Collier County, 16 Florida. The sections of the Ordinance may be ranumbered or 17 relettered to accomplish such, and the word "ordinance" may be :hanged to "section", "article", or any other appropriate word. 19 SECTION FOUR: EFFECTIVE DATE. 20 This Ordinance shall become effective upon filing with the 2] Department of State. 22 PASSED AND DULY ADOPTED by the Board of County Commissioners 23 of Collier County, Florida, this __day of , 1999. 24 26 ATTEST: BOARD OF COUNTY COMMISSIONERS 27 DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA 29 30 31 By: 32 PAMELA S. MAC'KIE, Chairwoman 33 Approved as to form and 34 legal sufficiency: 35 37 ~ ' _ . , .. 38 Heidi ~. Ashton 39 Assistant County Attorney 40 ~ubli~d'~C)rd/A~nding ~sid~s] ~hb Propro 98 Words underlined are additions, words ~truck tkrcug~ are eletions. 2 FEB 8 1999 ATTACEMENT A 1 COLLIER COUNTY 2 RESIDENTIAL REHABILITATION PROGRAM 3 POLICY GUIDELINES AND ADMINISTRATIVE PROCEDURES 4 5 6 INTRODUCTION 7 The purpose of this policy is to establish administrative procedures and program 8 guidelines for housing in Collier County which is eligible for rehabilitation and is owned and 9 occupied by very low- and low-income persons and families. The standard definition for both 10 "Lower income family" and "Very low-income family" are found in the Code of Federal 11 Regulations (CFR) Title 24, Section 813.102. A "Lower income family" is defined as: "A 12 Family whose annual income does not exceed eighty (80%) percent of the median income for the 13 area, as determined by HUD, with adjustments for smaller and larger families" while a very low- 14 income family is "A family whose annual income does not exceed fifty (50%) percent of the 15 median income for the area, as determined by HUD ..." 16 Very low- and Low-income Persons are also defined in Collier County Ordinance No. 93- 17 19, The Local Housing Assistance Program as follows: 18 1 ) "Low-income Person - means one or more natural persons or a family, not 19 including students, that has a total adjusted gross household income that does not 20 exceed eighty (80%) percent of the median annual Adjusted Gross Income for 21 households within the State or 80% of the median Adjusted Gross Income for 22 households within the Metropolitan Statistical Area or, if not within a 23 Metropolitan Statistical Area, within the County, whichever is greater .... "(p. 4) 24 2) "Very_ Low-income Person - means one or more natural persons or a family, not 25 including students, that has a total annual adjusted gross income that does not 26 exceed fifty (50%) percent of the median annual Adjusted Gross Annual Income 27 for households within the State or fifty (50%) percent of the median annual 28 Adjusted Gross Income for households within the Metropolitan Statistical Area 29 or, if not within a Metropolitan Statistical Area, within the County, whichever is 30 greater ...."(,p. 6) Words underlined are additions, words ~"~-^'- throu-~ are deletions. 1 ATTACI{MENT A Income data for the Naples Metropolitan Statistical Area are supplied by the U. S. 2 Department of Housing and Urban Development (HUD), and apply to all of Collier County. The 3 definition for "Annual Income" is found in 24 CFR, Section 813.106. 4 5 ADMINISTRATION 6 I. The Director of the Collier County Housing and Urban Improvement Department is 7 designated as the Program Administrator. 8 9 II. The Collier County Housing and Urban Improvement Department (HUI) shall be 10 responsible for: 11 A. Identifying potential program participants 12 1. Potential participants for the program will be identified through the 13 following activities: 14 a. The Housing and Urban Improvement Department will advertise in a publication of general circulation in the County announcing the 16 program and the availability of funds for rehabilitation services. 17 b. The Housing and Urban Improvement Department will contact 18 local non-profit, community-based organizations in the county 19 through outreach activities to locate potentially program 20 participants 21 1) Collier County Ordinance No. 93-19 defines Community- 22 based Organization as "... a non-profit organization that 23 has among its purposes the provision of affordable housing 24 to persons who have special needs or very low-income 25 persons, low-income persons, or moderate-income persons 26 within a designated area, which may include a 27 municipality, a county, or more than one municipality or 28 county, and maintains, through a minimum of one-third representation on the organization's governing board and fiC' .AGEND I sO otherwise, accountability to housing program bem~ ~~ lal~ F E B 2 3 1999 Words underlined are additions, words s.'-uck '..~-cug.~ are deletions. 2 ATTACHMENT A 1 and residents of the designated area. A community housing 2 development organization established pursuant to 24 CFR, 3 Part 92.2 and a community development corporation 4 created pursuant to Chapter 290, Florida Statutes, are 5 examples of Community-based Organizations." (p. 3) 6 c. The Collier County Code Enforcement Department will refer 7 potential clients that have been cited with violations of Collier 8 County Housing Code Ordinance No. 89-06, as amended, to the 9 Housing and Urban Improvement Department. The Housing and 10 Urban Improvement Department will determine the 11 individual/family interest in participating in the program and 12 whether the potential participant is income eligible to participate in 13 the program, pursuant to the requirements of Section II.B., below. 14 B. Applicant Eligibility Criteria 15 1. All applicants in this program must have fee simple ownership of the 16 single-family dwelling unit for which residential rehabilitation services are 17 requested. 18 a. Where there are co-owners for a property, each co-owner is 19 required to participate in the application process, the income 20 eligibility determination process which includes household income 21 and asset certification and third party verification, and the 22 secondary mortgage/lien application and closing process. 23 2. Accepting and processing applications for rehabilitation services: 24 a. All potential participants must complete the program application 25 entitled "Form A, Collier County Residential Rehabilitation 26 Program Preliminary Application." 27 b. The Preliminary Application form shall be used to document the 28 general information regarding the potential participant which will 29 include, but not be limited to, ownership status, number of Words underlined are additions, words ~*--'~'- *~' .....u FEB 2 3 199SJ ........... e~- are deletions. 3 ATTACHMENT A residents living in the housing unit, previous residences, 2 employment history, and bank and credit references and history. 3 c. The Preliminary Application must be signed by all parties with an 4 ownership interest in the property. 5 d. "Form A, Collier County Residential Rehabilitation Program 6 Preliminary Application" shall be maintained as part of the 7 permanent program file for each homeowner making application to 8 the Collier County Residential Rehabilitation Program. 9 3. All potential participants must complete "Form B, Residential 10 Rehabilitation Applicant Income Certification." 11 a. The Income Certification form shall be completed by potential 12 participants to determine, in part, the income eligibility of the 13 individual(s) and the household applying for the program. 14 b. Documentation of Income sources for each household resident or other immediate family member over eighteen (18) years of age 16 must be provided for the last twelve (12) month period preceding 17 the date of the application. 18 c. Adequate documentation may include, but not be limited to, the 19 most recent year's federal income tax return. 20 d. Failure to disclose and report all sources of household and family 21 income during this process will result in disqualification for a 22 residential rehabilitation loan. 23 e. If applicant is approved for participation in this program, any and 24 all loan funds will become due and payable immediately upon 25 written notice delivered by certified mail where such unreported 26 income is documented by the Program Administrator. 27 f. "Form B, Residential Rehabilitation Applicant Income 28 Certification" shall be maintained as part of the permanent program file for each homeowner making application to the Collier County AGE 30 Residential Rehabilitation Program. No. ~ FEB 2 3 1999 Words underlined are additions, words -~'~'- ,t, ..... ~' are deletions. 4 ATTACHMENT A I 4. All potential participants must complete either "Form C, Residential 2 Rehabilitation Applicant Rehabilitation Program Asset Certification" or 3 "Form C-1, Residential Rehabilitation Program Asset Certification 4 Addendum." 5 a. "Form C, Residential Rehabilitation Applicant Asset Certification" 6 shall be completed by all potential program participants who meet 7 the following criteria in order to determine initial income 8 eligibility: 9 1 ) Any homeowner whose assets exceed $5,000 (including all 10 family members or other individuals residing in the house 11 to be rehabilitated); and 12 2) Any homeowner whose home may be rehabilitated with 13 funds from any funding source other than Hurricane 14 Andrew Assistance or SHIP. 15 b. This certification must be completed so as to include asset 16 information for all residents of the housing unit and all members of 17 the family unit. 18 c. For those homeowners whose home will be rehabilitated 19 exclusively with funds from the SHIP program and whose assets 20 do not exceed $5,000, the form entitled "Form C-l, Residential 21 Rehabilitation Program Asset Certification Addendum" shall be 22 completed. 23 1) Such Certification shall be applied to and must include the 24 assets of all family members residing in the dwelling unit. 25 d. Both "Form C, Residential Rehabilitation Program Asset 26 Certification" and "Form C-l, Residential Rehabilitation Program 27 Asset Certification Addendum" shall be maintained as part of the 28 permanent program file for each homeowner making application 29 to the Collier County Residential Rehabilitation Program. Words underlined are additions, words .,~,.t- ,~, .....h are deletions. F E B % :i 1999 ATTACHMENT A e. For purposes of this program, assets shall include, but not be 2 limited to, real property other than the property to be rehabilitated 3 under this program, savings, stocks, bonds and other forms of 4 capital investment, excluding interests in Indian trust land and 5 equity in a housing cooperative unit. 6 5. All potential participants must provide adequate information so that "Form 7 D, Verification of Employment" can be completed in a timely manner by 8 their employer. 9 a. Potential participants must complete Part I, Applicant Information 10 and Part II, Employer Information, which includes the name and 11 address of their current employer. 12 b. Employer must complete Part III, Employment Information, and 13 sign the document, and return the document by mail or personal 14 delivery to the Housing and Urban Improvement Department. c. Applications will not be considered complete until Verification of 16 Employment has been signed and delivered to the Collier County 17 Housing and Urban Improvement Department. 18 1 ) Collier County Housing and Urban Improvement 19 Department shall provide an addressed, stamped envelope 20 to be utilized by the employer to return the Verification of 21 Employment form to the Housing and Urban Improvement 22 Department. 23 2) Forms retumed to the Housing and Urban Improvement 24 Department by potential participants will not be accepted 25 for use in the program. 26 d. "Form D, Verification of Employment" shall be maintained as part 27 of the permanent program file for each homeowner making 28 application to the Collier County Residential Rehabilitation Program. F E B 2 3 1999 Words underlined are additions, words -'-'~'- ,h ..... ~' are deletions. 6 ATTACHMENT A 1 6. Where a potential program participant is unemployed at the time that 2 application is made to participate in the Collier County Residential 3 Rehabilitation Program, the form entitled "Form E, Unemployed 4 Affidavit" shah be completed, signed, and notarized by the applicant. 5 a. If an individual becomes employed during the course of the 6 program application process, the individual must report said 7 employment to the Collier County Housing and Urban 8 Improvement Department within ten (10) working days, excluding 9 holidays and weekends, and complete "Form D, Verification of 10 employment," referred to in Section II.B.5, above. 11 b. "Form E, Unemployed Affidavit" shall be maintained as part of the 12 permanent program file for each homeowner making application to 13 the Collier County Residential Rehabilitation Program. 14 7. If potential participant or any member of the household is receiving any 15 form of public assistance, the form entitled "Form F, Verification of 16 Benefits" must be completed as part of the application process. 17 a. The total amount of public assistance that is provided to each 18 individual residing in the household must be documented on the 19 "Verification of Benefits" form. 20 b. The "Verification of Benefits" form must include all sources of 21 public assistance funds for all household members. 22 c. "Form F, Verification of Benefits" shall be maintained as part of 23 the permanent program file for each homeowner making 24 application to the Collier County Residential Rehabilitation 25 Program. 26 8. For individuals or families whose dwelling unit was damaged by 27 Hurricane Andrew, the form entitled "Form A- 1, Homeowner Hurricane 28 Damage Certification" shall be completed and signed by the homeowner 29 and any co-owner. AGEN T F E B 2 3 199!J Words underlined are additions, words -~"~- +~' ..... *' are deletions. 7 ATTACHMENT A a. Completion of the Damage Certification form by a potential 2 program participant shall initiate the inspection process by the 3 County Code Enforcement Department or the City of Naples 4 Building Division. 5 b. "Form A-l, Homeowner Hurricane Damage Certification" shall be 6 maintained as part of the permanent program file for each 7 homeowner making application to the Collier County Residential 8 Rehabilitation Program. 9 9. Other verification forms may be developed and used from time to time by 10 the Collier County Housing and Urban Improvement Department in the 11 course of the Program in order to obtain third party verification of all 12 sources of income and verification of all assets claimed by an applicant or 13 other household resident and/or member making application to the 14 Program. a. Refusal by an applicant to provide information to Collier County 16 Housing and Urban Improvement regarding sources for third party 17 verifications for income and assets shall be considered sufficient 18 grounds for a negative determination of program eligibility. 19 C. Applicant Eligibility Determination 20 1. Collier County Housing and Urban Improvement Department will 21 maintain a program file for each prospective program participant that will 22 contain all related participant applications, verifications, references, credit 23 histories, and other related documents. 24 2. Collier County Housing and Urban Improvement Department will 25 determine whether each applicant meets the income eligibility criteria for 26 the program set forth in the document entitled "Form G, Household 27 Income Survey Form for Rehabilitation Program." 28 a. The income eligibility criteria used on this form shall be updated ~ on an annual basis to reflect the most recent median in :ome data F E B 2 :) 1999 Words underlined are additions, words struck tkrcug,u, are deletions. 8 ATTACHMENT A 1 established by the U. S. Department of Housing and Urban 2 Development. 3 b. "Form G, Household Income survey Form for Rehabilitation 4 Program" shall be maintained as part of the permanent program file 5 for each homeowner making application to the Collier County 6 Residential Rehabilitation Program. 7 3. Applicant eligibility determination shall include a review of each 8 applicant's credit history. 9 a. Each applicant and co-applicant must sign "Form H, Release and 10 Consent for Third Party Verification." 11 b. Use of this form is restricted to the Collier County Housing and 12 Urban Improvement Department, its grantors, or a participating 13 local financial institution, as required and permitted by law. 14 c. "Form H, Release and Consent for Third Party Verification" shall 15 be maintained as part of the permanent program file for each 16 homeowner making application to the Collier County Residential 17 Rehabilitation Program. 18 4. Applicant eligibility determination shall include verification of applicant's 19 ownership of the property to be rehabilitated and disclosure of mortgages 20 to lending institutions. 21 a. Where an applicant owns title of the property to be rehabilitated, 22 Applicant shall provide a copy of the property deed to the Housing 23 and Urban Improvement Department. 24 1) The Housing and Urban Improvement Department shall be 25 permitted to obtain a copy of the deed by which Applicant 26 acquired title of the property to be rehabilitated from the 27 public records of Collier County. 28 2) Where no such public record exists, it shall be contingent 29 upon the Applicant to demonstrate ownership of the 30 property for which application is being made. F E B 2 :) 1999 Words underlined are additions, words s~.'-ck tb:cugk are deletions. 9 ATTACHMENT A b. All applicants must provide adequate information so that "Form I, 2 Verification of Mortgage or Deed of Trust" can be completed by 3 any lending institution holding a note on the property to be 4 rehabilitated. 5 c. Applicants must complete Part I, Applicant Information and Part 6 II, Lender Information, which includes the name and address of 7 any lending institution holding a note on the property to be 8 rehabilitated. 9 1) If no lending institution holds a mortgage, applicant must 10 designate such information on "Form I, Verification of 11 Mortgage or Deed of Trust." 12 d. If applicable, the lending institution must complete Part III, 13 Mortgage Information, and return the signed document to the 14 Collier County Housing and Urban Improvement Department. 1 ) If applicable, Collier County Housing and Urban 16 Improvement Department shall provide an addressed 17 envelope to be utilized by the lending institution to return 18 "Form I, Verification of Mortgage or Deed of Trust" to the 19 Collier County Housing and Urban Improvement 20 Department. 21 2) Completed Verification of Mortgage or Deed of Trust, Part 22 III forms that are delivered to the Housing and Urban 23 Improvement Department by program applicants will not 24 be accepted for use in the Residential Rehabilitation 25 Program. 26 e. "Form I, Verification of Mortgage or Deed of Trust" shall be 27 maintained as part of the permanent program file for each 28 homeowner making application to the Collier County Residential Rehabilitation Program. NAGEND , ' O, ~ .~O FEB 2 3 1999 Words underlined are additions, words ,~,^t- ,~, .....~, ............ r:,-- are deletions. 10 ATTACIIMENT A 1 i Each applicant must meet the following criteria: 2 a. Homes less than (12) months do not qualify_ under this proyam. 3 b. Rehabilitation including construction and emergency repair of 4 affordable housing qualifies under the pro_re'am. For purposes of 5 this Section. Rehabilitation means repairs or improvements which 6 are needed for safe and/or sanitary_ habitation, correction of code 7 violations. creation of additional living space. or addition of 8 handicapped accessible items. 9 c. Loans are limited to a maximum of Fifteen Thousand (15.000) 10 dollars per household. 11 ft. Each potential participant shall be sent a letter from the Collier County 12 Housing and Urban Improvement Department notifying them whether 13 they meet the eligibility criteria established herein. 14 a. In cases where a potential participant is determined to be ineligible, 15 the reasons for this determination shall be set forth in the 16 notification letter to the potential participant(s). 17 1) Any such negative determination of eligibility shall be 18 mailed to the applicant by certified mail within three (3) 19 days of such determination. 20 b. Potential participants who have been determined to be ineligible 21 shall be given the oppommity to correct or explain in greater detail 22 any information that resulted in, or affected the negative eligibility 23 determination made by the Housing and Urban Improvement 24 Department. 25 c. The Program Administrator shall have the authority to make a final 26 determination regarding an applicant's compliance with the 27 requirements for third party verification. 28 d. The Program Administrator shall have the final decision-making 29 authority regarding a determination of eligibility or non-~ligib~i~~ F E B 2 3 1999 Words underlined are additions, words ~"^'- a, ..... ~' are deletions. l l ATTACHMENT A for participation in the Collier County Residential Rehabilitation 2 Program. 3 e. Such determination shall be kept as a permanent part of the 4 applicant's program file. 5 III. Determination of Corrective Actions 6 A. Determination of corrective actions by an inspecting department or division may 7 occur pursuant to this Article III after an application to the Collier County 8 Rehabilitation Program has been submitted by an individual homeowner. 9 1. Determination of corrective actions may be conducted prior to an 10 applicant's receiving a final determination of eligibility from the Collier 11 County Housing and Urban Improvement Department. 12 B. Unincorporated Collier County 13 1. Collier County Code Enforcement Department will conduct and complete 14 the initial inspection of a dwelling unit under this program within ten (10) working days of notification of a homeowner's participation in the Collier 16 County Residential Rehabilitation Program by the Collier County Housing 17 and Urban Improvement Department. 18 a. Initial inspection will determine if there are deficiencies and/or 19 violations of the Collier County Housing Code Ordinance, 20 Ordinance No. 89-06, as amended. 21 1 ) The Code Enforcement Department may pursue 22 enforcement action against individuals or property owners 23 where Housing Code violations are found. 24 b. Collier County Code Enforcement Department will document the 25 results of the initial inspection on the Code Enforcement 26 Department's form entitled "Inspection Report, Minimum Housing 27 Code - Ordinance 89-06." This form may also be referred to as 28 "Form J" for use in this program. 1 ) A copy of the signed, completed inspection form will be .~0 provided to the Housing and Urban Improvement ~ FEB 2 ~) 1999 Words underlined are additions, words s,.*~aclc t,~-cug,h are deletions. 12 ATTAC~{MENT A I Department within three (3) working days of the 2 completion of the inspection by the Code Enforcement 3 Department. 4 2) "Inspection Report, Minimum Housing code - Ordinance 5 89-06" shall be maintained as part of the permanent 6 program file for each homeowner making application to the 7 Collier County Residential Rehabilitation Program. 8 c. Collier County Code Enforcement Department shall identify and 9 prioritize code violations on the "Inspection Report" completed for 10 each dwelling unit so that rehabilitation services can be directed at 11 elimination of any pressing and immediate safety and/or health 12 concern. 13 1) Health and safety Housing Code violations shall be given 14 priority by Contractors over any cosmetic rehabilitation 15 work during inspection, bid preparation, and provision of 16 rehabilitation services. 17 2) It shall be the responsibility of the Contractor, in 18 consultation with the homeowner, to determine and 19 prioritize rehabilitation services beyond immediate health 20 and/or safety concems which are identified and prioritized 21 by the Collier County Code Enforcement Department. 22 d. The signed and completed Code Enforcement Department 23 Inspection Report will provide the basis for Contractors to 24 complete the form entitled "Form K, Collier County Residential 25 Rehabilitation Program Work Write-Up." 26 C. City of Naples 27 1. At the City's discretion, either the City of Naples Building Division or the 28 Collier County Code Enforcement Department will conduct and complete 29 the initial inspection of dwelling units under this program within ten (10) AGEN 30 working days of notification by Collier County Housing and U :ban "°' ~ FEB 2 3 199!J Words underlined are additions, words .,~,~t- ,~, ..... ~' are deletions. 13 ATTACHMENT A Improvement Department of a homeowner's participation in the Collier 2 County Residential Rehabilitation Program by the Collier County Housing 3 and Urban Improvement Department within the incorporated boundaries 4 of the City of Naples. 5 a. Initial inspection will determine if there are deficiencies and/or 6 violations of the City of Naples Housing Code Ordinance, 7 Ordinance No. 92-6621, as amended. 8 1) The City of Naples Building Division may pursue 9 enforcement action against individuals or property owner(s) 10 where Housing Code violations are found. 11 b. City of Naples Building Division or Collier County Code 12 Enforcement Department inspectors will document the results of 13 the initial inspection on the form entitled "Form L, City of Naples 14 Inspection Report" or some other standard form which may be developed for use in this program. 16 1) A copy of the signed completed inspection form will be 17 provided to the Collier County Housing and Urban 18 Improvement Department within three (3) working days of 19 the completion of the inspection by the inspecting division 20 or department. 21 2) "Form L, City of Naples Inspection Report" shall be 22 maintained as part of the permanent program file for each 23 homeowner making application to the Collier County 24 Residential Rehabilitation Program whose residence is 25 located within the City boundaries. 26 c. City of Naples Building Division, or other inspecting entity, shall 27 identify and prioritize code violations on each dwelling unit so that 28 rehabilitation services can be directed at elimination of any ~ pressing and immediate safety and/or health concern. FEB 2 a 1999 Words underlined are additions, words ~,_..t- ,h ..... ~' are deletions. 14 ATTACIIMENT A 1 1 ) Health and safety Housing Code violations shall be given 2 priority by Contractors over any cosmetic rehabilitation 3 work during inspection, bid preparation, and provision of 4 rehabilitation services. 5 2) It shall be the responsibility of the Contractor, in 6 consultation with the homeowner, to determine and 7 prioritize rehabilitation services beyond immediate safety 8 and/or health concerns which are identified and prioritized 9 by the City of Naples Building Division, or other inspecting 10 entity. 11 d. The signed and completed Inspection Report will provide the basis 12 for contractors to complete the form entitled "Form J, Collier 13 County Residential Rehabilitation Program Work Write-Up." 14 D. Contractor's Initial Inspection ] 6 The contractors selected by the owner of the property_ or pre-qualified by 17 the County as described in Section IV. B .4 shah conduct a professional ] 8 inspection of any eligible dwelling unit in order to determine the need for ] 9 any rehabilitation work that goes beyond correction of housing code 20 violations. 2] a. Any such rehabilitation work that may go beyond the minimum 22 requirements of the City of Naples Housing Code shah be 23 documented and noted on the Work Write-Up form by the 24 inspecting contractor. 25 b. The Contractor shah document estimated material requirements 26 and unit labor costs for installation of materials on the Work Write- 27 Up form. 28 1 ) The Work Write-Up form shah include any estimates of 29 cost for the materials and work that must be com 3]eted to FEB 2 3 199!J Words underlined are additions, words -~'~- +~- ..... ~ are deletions. 15 ATTACHMENT A correct all County and/or City Housing Code deficiencies 2 found during the initial inspection. 3 2) The Work Write-Up form shall distinguish between 4 estimates of material and labor for correction of code 5 violations and any additional rehabilitation work which the 6 contractor identifies as a result of his/her inspection of the 7 dwelling unit. 8 c. The completed Work Write-Up form will serve as the basis for 9 bids from pre-qualified contractors and contractors selected bv the 10 owner which will address all documented Housing Code 11 deficiencies of the eligible dwelling unit and any other work that 12 may need to be completed to protect the health and safety of 13 residents and/or the integrity of the dwelling unit. 14 d. A copy of the signed, completed Work Write-Up form will be provided to the homeowner, the Collier County Housing and ~ 6 Urban Improvement Department, and the Collier County 17 Purchasing Department within three (3) working days of the 18 completion of the inspection by the contractor. 19 IV. Contractors Pre-qualified By the County. 20 A. Solicitation of Contractors by County_ for participation in the Collier County 21 Residential Rehabilitation Program. 22 1. The Collier County Purchasing Department, in tandem with the Collier 23 County Housing and Urban Improvement Department, will formally 24 solicit qui:~iifications and related information from various contractors and 25 pre-qualify contractors. 26 2. Communicating Program Procedures and Guidelines to Contractors 27 a. Program procedures for inspection of premises, submission of bids 28 for individual residences, notice of commencement, and methods ""~ of payment for services will be outlined and provided to potential .,0 participating contractors at a mandatory pre-qualificati, n me~~ FEB g 3 1999 Words underlined are additions, words ,~.,...t- +~. .....~' are deletions. 16 ATTACHMENT A 1 conducted by the Collier County Housing and Urban Improvement 2 Department and the Collier County Purchasing Department. 3 3. Every effort will be made to include minority businesses in the Program. 4 4. The formal solicitation will include a description of the Program, its 5 purpose, and the nature and scope of the work that may be performed in 6 the course of the Program. 7 a. Interested contractors will submit responses to the formal 8 solicitation to the Purchasing Department. 9 b. The responses will be evaluated by a staff selection committee 10 which will submit a recommended list of pre-qualified contractors 11 to the Board of County Commissioners for approval. 12 c. Responses to the solicitation shall include, but not be limited to, 13 the following documentation: 14 1) County and/or City occupational licenses 15 2) Current Certificates of Insurance to include: 16 a) Current liability insurance certificate 17 b) Current Workmen's Compensation certificate 18 3) Contractor Application 19 4) References from: 20 a) Two (2) major suppliers from whom construction 21 materials have been purchased 22 b) Local financial institutions through which credit has 23 been established 24 c) Individuals (including address, phone numbers, and 25 dollar value of jobs) for whom work has been 26 recently completed. 27 d. A Resolution will be presented to the Board of County 28 Commissioners which will authorize the Chairman of the Collier 29 County Board of County Commissioners to commit the Cc, un~o~'tiD T O. ~ 30 a contractual relationship with each qualified finn for th F E B 2 a 1999 Words underlined are additions, words s,,~.'c,'c, tkrcug,h,are deletions. 17 ATTACHMENT A performance of rehabilitation services. This contract will authorize 2 qualified firms to submit bids for and perform residential 3 rehabilitation work and services for qualified program participants. 4 1 ) The Resolution presented to the Board of County 5 Commissioners for pre-qualification of contractors will 6 pertain to all contractors favorably evaluated or meeting the 7 criteria utilized by the staff selection committee. 8 e. Bids may be submitted to perform rehabilitation work under this 9 program omty by pre-qualified contractors. 10 t~. C. Contractual relationship between Collier County and Contractors 11 1. Each pre-qualified firm contractor must enter into a contract with Collier 12 County to perform residential rehabilitation services and participate in the 13 program. 14 a. The Collier County Purchasing Department, in tandem with the Collier County Attomey's Office shall establish the appropriate 16 form of contract between the pre-qualified contractors and the 17 County. 18 1 ) The contract utilized upon approval by the Collier County 19 Purchasing Department and the Collier County Attorney's 20 Office, which may be amended administratively from time 21 to time, shall be attached hereto and entitled "Contract C-I, 22 Agreement and General Specifications." 23 b. Entering said contract is not a guarantee to contractor that work 24 will be awarded to contractor for the residential rehabilitation 25 program. 26 1) The contract provides the contractor the oppommity to 27 participate in a competitive bid process to provide 28 residential rehabilitation services for each eligible program participant. F E B g 8 1999 Words Underlined are additions, words s,,*-uck t,~-cug,~,are deletions. 18 ATTACHMENT A 1 2) Contracts to provide residential rehabilitation services will 2 be awarded in accordance with Collier County's Purchasing 3 Policy. Qualitative factors including, but not limited to, the 4 proposed time of completion for a project and any in-kind 5 contributions offered in the bid will also be considered in 6 the evaluation process. 7 c. "General Specifications" found in Contract C-1 shall serve as a 8 guide to contractors and their subcontractors for preparing bids, 9 selecting materials, and performing work under the Residential 10 Rehabilitation Program. 11 1) "General Specifications" address: 12 a) Materials and Workmanship - General 13 b) Interpretation 14 c) General Conditions, and 15 d) Specifications, which addresses rehabilitation work 16 and materials eligible for reimbursement under 17 program guidelines including, 18 ( 1 ) Aluminum Awnings and Canopy 19 (2) Appliances - Electrical and Gas 20 (3) Blacktop/Parking areas 21 (4) Cabinets 22 (5) Fencing 23 (6) Concrete Work 24 (7) Doors and Windows 25 (8) Electrical 26 (9) Floor and Coverings 27 (10) Gutters and Downspouts 28 (11) Insulation 29 (12) Landfill 30 (13) Painting 31 (14) Plumbing 32 (15) Roofing 33 (16) Soffit and Eaves 34 (17) Solar Energy System 35 (18) Termites 36 (19) Tree Removal 2 3 1999 FEB Words underlined are additions, words ~,,~t- +h ..... ~' are deletions. 1 ATTACHMENT A (20) Vents and Craw] Space Access 2 (21 ) Exterior and Interior Walls and Ceiling 3 Finishes 4 d. Contractors and firms may be placed on the list of eligible, pre- 5 qualified contractors after the initial set of eligible contractors has 6 been established only upon meeting all of the following 7 requirements: 8 1 ) Contractor must meet all of the requirements contained and 9 established in the initial program bid documents. 10 2) Contractor must be approved and formally added to the list 11 ofpre-qualified contractors by the Board of County 12 Commissioners. 13 4. The Housing and Urban Improvement Department will mail notices to all 14 pre-qualified contractors soliciting bids for eligible dwelling units based 15 on the results of inspections conducted by the Collier County Code Enforcement Department or the City of Naples Building Division and ~ 7 documented on each jurisdiction's "Inspection Form." 18 a) Pre-qualified contractors will have a maximum of fourteen (14) 19 calendar days from the date that the request for bids for an 20 individual project is mailed to complete and submit the Work 21 Write-Up, in accordance with Section III.D.7 form and a complete 22 project bid to the Collier County Purchasing Department. 23 1 ) Any bid shall detail the individual cost to correct each Code 24 violation cited by the inspecting department or division and 25 shall address: 26 a) labor costs 27 b) material costs. 28 ~. 5. Evaluation of Bids 29 a. In evaluating all bid prices, the County reserves the right to "q compare all bids submitted for rehabilitation work under this ., 1 program to the following guidelines: .~.G~ F E B g 3 1999 Words underlined are additions, words s~,:ck +~' .....~' ..... e,-- are deletions. 20 ATTACEMENT A ] 1 ) Labor costs should favorably compare to the most recent 2 edition of The Building Estirnator~ Reference Book, 3 William H. Spradlin, Jr., ed. (Chicago, IL: Frank R. Walker 4 Company). 5 a) Any labor cost that is not covered in this reference 6 must be explained by the contractor and be broken 7 down by unit cost for the particular service 8 performed. 9 b. A copy of the bid document submitted by the Contractor who is 10 awarded the contract for an individual dwelling unit shall be 11 provided to the County Clerk Finance Department to ensure that 12 payments made to Contractors reflect costs included in the bid. 13 4: 6. Notice to Proceed 14 a. The awardee will receive a Notice to Proceed when: 15 1 ) the homeowner has executed and recorded the second 16 mortgage, 17 2) the homeowner has executed the promissory note, 18 3) the homeowner and contractor have signed "Contract C-2, 19 Contract for Rehabilitation of Owner-Occupied Dwelling 20 Unit," 21 4) the homeowner has signed "Contract C-3, Performance 22 Agreement" with Collier County. 23 24 b. The official Notice to Proceed will be issued on a County Purchase 25 Order by the Purchasing Department. 26 c. A Supplemental Proceed Order will be issued to the contractor 27 through the Collier County Housing and Urban Improvement 28 Department on "Form Q, Proceed Order." This Program form will 29 provide a start date and a completion date for the particular project 30 and must be signed by the homeowner, the Contractor, and the 31 Director of the Collier County Housing and Urban Improvement 32 Department. .~o~~ F E B g 3 199!J Words underlined are additions, words ~'~'- `~' ..... h are deletions. 21 ATTACI{MENT A d. "Form Q, Proceed Order" shah be maintained as par~ of the 2 permanent prodran1 file for each homeov~ner making application ~o 3 the Collier County Residential Rehabilitation Program. 4 7. Notice of Commencement 5 a. Notice of Commencement must be filed by Contractor pursuant to 6 the requirements of Chapter 713, Horida Statutes, for each 7 dwelling unit receiving rehabilitation services under the Collier 8 County Residential Rehabilitation Program. 9 b. Collier County Board of County Commissioners shall be named on 10 the Notice of Commencement as "Lender." 11 c. Collier County Housing and Urban Improvement Department shall 12 be named on the Notice of Commencement as "Persons within the 13 State of Florida designated by owner upon whom notices or other 14 documents may be served" as provided by Section 713.13 ( 1 )(a)7., Florida Statutes. 16 d. Collier County Clerk Finance Department shall be named on the 17 Notice of Commencement under "8. In addition to himself, Owner 18 designates ... to receive a copy of Lienor's notice" as provided in 19 Section 713.13( 1 )(b), Florida Statutes. 20 C. Homeowner/Contractor Relationship 21 1. One (1) standard program contract shall be used and signed by the 22 homeowner(s)/program applicant(s), and the Contractor selected to 23 perform the work ~"~ ,u~ z~^~,,~ ^e,-, ....,,, ,-~_;~; ..... ,^ ~,~uu~u 26 a. Program Contract C-2 entitled "Contract C-2, Contract for 27 Rehabilitation of Owner-Occupied Dwelling Unit" 28 ] ) The "Contract for Rehabilitation of Owner-Occupied Dwelling Unit" shah include, but not be limited to the AGE I .~0 following elements: ,o. ~ F E B 2 3 1999 Words underlined are additions, words ~"~'- tb:cu~'h are deletions. 22 ATTACI-IMENT A 1 a) Scope of Work 2 b) Contract Sum, which includes the total contract 3 price 4 c) Commencement of Work/Notice to Proceed 5 d) Time and Liquidated Damages 6 e) Delays and Extensions of Time 7 f) Contract Documents, including but not limited to 8 the Contract for Rehabilitation of Owner-Occupied 9 Dwelling Unit, the Work Write-Up, and any 10 approved Change Orders directing modifications 11 g) Complaints and Disputes 12 h) Public Liability/Builder's Risk and Workmen's 13 Compensation Insurance 14 i) Owner's Liability/Loss of Insurance 15 j ) Equal Opportunity 16 k) Use of Existing Utilities by Contractors and/or 17 Provision of Temporary Services of Site 18 1) Contractor Supervision of Employees 19 m) Maintenance of Premises 20 n) Occupancy of the Premises 21 o) Inspection of Work 22 p) Change Orders and Modifications 23 q) Guarantee of Work 24 r) Lead-Based Paint Certification 25 s) Conflict of Interest 26 t) Compliance with Local Codes and Ordinances 27 u) Assignment and Transfer 28 v) Termination 29 w) Severability 30 x) Conflicting Provision 31 y) Waiver 32 z) Modification 33 aa) Illegal or Unconstitutional Provisions 34 ab) Hold Harmless and Indemnity 35 ac) Anti-Discrimination Statement 36 2) A copy of "Contract C-2, Contract for Rehabilitation of 37 Owner-Occupied Dwelling Unit" shall be maintained as 38 part of the permanent program file for each homeowner 39 making application to the Collier County Residential 40 Rehabilitation Program. F E B 8 1§99 Words underlined are additions, words str'.'-ck t~;ougb, are deletions. 23 ATTACHMENT A 3) "General Specifications for Rehabilitation and Home 2 Repair" which are included as part of the Contract 3 document entitled "Contract C-l, Agreement for Services" 4 between Contractor(s) and Collier County shall guide and 5 provide direction to any and all Contractors and 6 Subcontractors for materials purchased and installed under 7 this program. 8 D. Contractor/Subcontractor Relationship 9 1. Contractor shall provide Collier County Housing and Urban Improvement 10 Department with a project bid which shall include: 11 a. a list of all subcontractors performing work under contract, or 12 otherwise, for each dwelling unit that contractor provides 13 rehabilitation services. 14 b. a breakdown of projected labor and material costs for each subcontractor performing rehabilitation work on a particular 16 dwelling unit. 17 2. Contractor is responsible for maintaining appropriate work quality by any 18 and all subcontractors used to complete a rehabilitation project. 19 3. Contractor shall require each of its subcontractors to procure and maintain, 20 until the completion of the subcontractor's work, insurance of the types 21 and to the limits specified for Contractor in "Contract C- 1, Agreement" 22 and "Contract C-2, Contract for Rehabilitation of Owner-Occupied 23 Dwelling Unit", unless such insurance requirements for the subcontractor 24 are expressly waived in writing by Collier County. All liability insurance 25 policies, other than professional liability, worker's compensation and 26 employer's liability policies, obtained by Contractor to meet the 27 requirements of the "Contract C- 1, Agreement" and "Contract C-2, 28 Contract for Rehabilitation of Owner-Occupied Dwelling Unit" shall name A, the Owner and Collier County as additional insureds and shall contain .,0 severability of interest provisions. If any insurance required exF ~res p~f-r~ Words underlined are additions, words ~'-"'~'- *~ .....~' are deletions. F E B 2~ ATTACHMENT A I to the completion of the Work, renewal Certificates of Insurance and, if 2 requested by Owner, certified true copies of the renewal polices shall be 3 furnished by Contractor within thirty (30) days prior to the date of 4 expiration. 5 4. Contractor shall obtain a signed original of "Form M, Waiver of Lien to 6 Date" from all Subcontractors performing work on a dwelling unit prior to 7 submitting a "Form U, Request for Inspection." 8 a. All subcontractor Waivers of Lien are required to be submitted 9 with any Contractor's request for payment. 10 b. Contractor must submit all Waivers of Lien with a request for 11 payment to the Collier County Housing and Urban Improvement 12 Department. 13 E. Performance of Rehabilitation Work by Contractor and Sub-contractors 14 1. Materials to be purchased and installed shall conform to the minimum 15 material standards found in "General Specifications for Rehabilitation and 16 Home Repair" as incorporated in "Contract C-l, Agreement for Services" 17 a. Materials that are equivalent(s) in quality and life-cycle may be 18 substituted. 19 b. Any substitutions of materials that occurs after a contract has been 20 completed and approved shall require a change order, except where 21 a particular item is no longer available. 22 1 ) Any Change Order(s) for substituted materials must be 23 approved and signed by the homeowner and the Program 24 Administrator or his/her designee prior to installation for 25 the material to remain an eligible expenditure. 26 c. Material specifications may be changed administratively, from 27 time to time, to reflect changes in markets and technological 28 improvements in material composition. 29 2. All work performed by any contractor(s) and its subcontractor(s) shall be AGEN T 30 in accordance with: r~o. ~ F E S 2 3 1999 Words underlined are additions, words ~*""'~" +~' .....t, are deletions. 25 ATTACHMENT A a. The Inspection Report completed and submitted by the Collier 2 County Code Enforcement Department or the City of Naples 3 Building Division. 4 b. Bid documents submitted by the Contractor on "Form K, Program 5 Work Write-Up" and any supplemental plans submitted in 6 conjunction with this form. 7 c. The Scope of Work established and agreed to by the parties in 8 "Contract C-2, Contract for Rehabilitation of Owner-Occupied 9 Dwelling Unit." 10 d. The Program document entitled "General Specifications for Home 11 Repairs and Rehabilitation." 12 3. All work performed by any contractor(s) and their subcontractor(s) must 13 conform to the requirements of: 14 a. The Collier County Housing Code, Ordinance No. 89-06, as amended; 16 b The City of Naples Housing Code, Ordinance No. 92-6621, as 17 amended; 18 c. All construction industry codes referred to in the above referenced 19 County and City codes, as amended; 20 d. "General Specifications for Rehabilitation and Home Repair;" 21 e. All materials and workmanship shall conform to the requirements 22 of the Standard Building Code, 1991 edition, as amended. 23 24 V. Contractors Selected by Owner 25 A. Solicitation of Contractors by Owner 26 L The owner may obtain bids from contractors and/or subcontractors who 27 are not pre-quali~ed by the Coun.ty as long as the owner solicits proposals 28 according to the write-ups and inspections performed by the County or the ""~ Ci.ty of Naples pursuant to Section III. D. The a_~_m'egate cost may not _ -,0 exceed $15.000. The bid shall detail the individual cost to corre :t eac~G~ F F B g 3 1999 Words underlined are additions, words ~ are deletions. 26 ATTACHMENT A 1 code violation cited by the inspecting department or division and shall 2 address labor costs and materials costs. Labor costs should favorably 3 compare to the most recent edition of The BuiMing Estimator's Reference 4 Book, William H. Spradling. Jr. ed, (Chicago. IL: Frank R. Walker 5 Company). 6 2. The owner may select a contractor after the County_ receives the followin~ 7 documents: 8 a. Copy of the bid 9 b. County_ and/or Ci_ty occupational licenses 10 c. Current Certificates of Insurance with coverage for: 11 l.) Current liability. insurance 12 2.) Current Workmen's Compensation 13 ~ Current Business Auto Liability_ 14 3. The Contractor is an ind~endent Contractor and shall not be deemed an 15 agent, employee or parmer of the County_. 16 B. Administration of Residential Rehabilitation 17 1. A Copy of the bid document submitted by the Contractor who is awarded 18 the contract for an individual dwelling unit shall be provided to the County. 19 Clerk Finance Department to ensure that pa_vments made to Contractors 20 reflect costs included in the bid. 21 2_. Notice to Proceed 22 a. The awardee will receive a Notice to Proceed when: 23 -D the homeowner has executed and recorded the second 24 ~ 25 2,,1 the homeowner has executed the promissory_ note. 26 2d the homeowner has si_m~ed "Contract C-3. Performance 27 A_m'eement" with Collier County_. 28 b. The official Notice to Proceed will be issued on a County_ Purchase 29 Order by the Purchasing Department. 30 c. A SUpplemental Proceed Order will be issued to the C > ae~g~--,~ __ ntr FEB 2 3 1999 Words underlined are additions, words s~,:ck a, ..... ~' are deletions. 27 ATTACI{MENT A through the Collier Coun.ty Housing and Urban Improvement 2 Department on "Form Q. Proceed Order." This Pro_re'am form will 3 provide a start date and a completion date for the particular project 4 and must be signed by the homeowner. the Contractor. and the 5 Director of the Collier Coun.ty Housing and Urban Improvement 6 Department. 7 d. "Form 0- Proceed Order" shall be maintained as part of the 8 permanent program file for each homeowner making application tO 9 the Collier County. Residential Rehabilitation Pro~am. 10 3. Notice of Commencement 11 a. Notice of Commencement must be filed by Contractor pursuant to 12 the requirements of Chapter 713 Florida Statutes. for each 13 dwelling unit receiving rehabilitation services under the Collier 14 County_ Residential Rehabilitation Pro~am. b. Collier Coun_ty Board of County Commissioners shall be named on 16 the Notice of Commencement as "Lender." 17 c. Collier County_ Housing and Urban Improvement Department shall 18 be named on the Notice of Commencement as "Persons within the 19 State of Florida designated by owner upon whom notices or other 20 documents may be served" as provided by Section 713.13( 1 )(a)7.. 21 Florida Statutes. 22 d. Collier County. Clerk Finance Department shall be named on the 23 Notice of Commencement under "8. In addition to himself. 24 Owner designates...to receive a copy of Lienor's notice" as 25 provided in Section 713.131 ( 1 )(b), Florida Statutes. 26 C. Monitoring for Rehabilitation/Emergency Home Repair 27 1. Information regarding the nature of the work to be performed will be obtained 28 through the use of preliminary building inspections required by the Department of ~0~ Housing and Urban Improvement. A copy of said inspection will be maintained Words underlined are additions, words ~,..,,,t- ,h .....~' are deletions. F E B 2~ ATTACHMENT A 1 in the owner's permanent file. Health and safe_ty Housing Code violations will be 2 given priority_ by the contractors over any cosmetic rehabilitation. 3 2. The owner will be responsible for the selection of the licensed contractor who will 4 perform the repair work. The selected contractor must supply a detailed work 5 write-up to the owner containing an itemized listing of material and labor costs. 6 This work write-up is to be approved by the owner and a representative of the 7 Department of Housing and Urban Improvement prior to the commencement of 8 rehabilitation. A copy of the approved write-up will be maintained in the owner's 9 permanent file. The monitoring of the work will be the responsibility_ of the 10 owner. Contractual agreements will be executed between the owner and the 11 contraCtOr. The Department of Housing and Urban Improvement will maintain a 12 copy of the Signed COntract to be kept in the owner's permanent file. 13 3. All work performed by contractor(s) and its subcontractor(s) shall be in 14 accordance with: 15 a. The Inspection Report completed and submitted by the 16 Collier Coun_ty Code Enforcement Department or the City. 17 of Naples Building Division. 18 h. Bid documents submitted bv the Contractor on "Form K. 19 Program Work Write-up" and any supplemental plans 20 SUbmitted in conjunction with this form. 21 _4. All work performed by any contractor(s) and their subcontractor(s) must conform 22 to the requirements of: 23 a. The Collier Coun_ty Housing Code, Ordinance No. 89-06. 24 as amended: 25 h. The City. of Naples Housing Code. Ordinance No. 92- 26 6621. as amended: 27 c. All construction industry_ codes referred to in the above 28 referenced County. and City. codes. as amended: 29 d. All materials and workmanship shall conform to the v 2 3 1999 Words underlined a~e additions, words ~'^~- ,h ..... ~' me deletions. ! 29 requirements of the Standard Building Code. ] 99] edition; 2 as ranended. 3 ~ R~uired Documentation for Rehabilitatio~mergency Home R~air 4 The following documents ~e required of all eligible households for repair lo~s: 5 ~. R~habilitatio~mergency Home R~air Work Write-Up - All work that is to be 6 perfoxed must be listed on this fore detailing labor ~d material costs. This 7 fo~ must be delivered to a representative of the Depment of Housing ~d 8 Urban Improvem~nt prior to the comencement of ~y r~air work. A ~i~ed 9 copy will be provided to the owner ~d to the Coun~ Purchasing ~d Fin~ce 10 Depments. Lo~s ~ted under this pro~ ~e limited to a maximum of 11 $15.000 per household. 12 2. Final Inspection - A copy of the si~ed final inspection will be maintained in the 13 o~er's pe~anent file. A copy of the final inspection will be provided to the 14 owner and to the Dep~ent of Fin~ce. ~ Promisso~ Note - This Note will be used specifically for the lo~s ~anted under 16 the Rehabilitatio~mergency Home R~air pro~. A coy of the Note will be 17 maintained in the o~er's pem~ent file. ~d will also be sent to the Depment 18 of Finance. The original. executed Note will be kept on file in the Depment of 19 Housing and Urb~ Improvement. 20 ~ Second Mo~gage - The Second Moagage will be used to secure the Promisso~ 21 Note ~d will be recorded by the Clerk of the Circuit Cou~ for Collier Count. 22 The original, recorded Second Mo~gage will be kept on file in the Depment of 23 Housing ~d Urban Improvement. Copies will also be made available to the 24 Owner an~ the Depment of Fin~ce. All fee's associated with the recording of 25 this document will be paid by the o~er. 26 ~. Waiver of ~ien - Upon completion of the repair work. the con~actor will be 27 required to execute a Waiver of Lien. No pa~ents shall be disb~sed ~til ~e 28 Dep~ent of Housing ~d Urb~ Improvement receives the Waiver of Lien. a ~ ~ati~facto~ inspection repo~ ~d the itemized con~actor's invoice. F F B 2 3 1999 Words underlined ~e additions, words s~ack t~cs~h ~e deletions. 30 ATTACHMENT A 1 ~. VI. Contractual Relationship Between Collier County and Program Participant(s) 2 A. Program participant(s) must meet income and program eligibility guidelines as set 3 forth in Section(s) II.B - II.C, above. 4 B. Applicant(s)/Homeowner(s) is/are responsible for reporting any change of income 5 to Collier County Housing and Urban Improvement Department within ten (10) 6 working days of any change so that closing of a Residential Rehabilitation Loan is 7 not unduly delayed. 8 1. Changes in individual, household, and/or family income shall require that 9 "Form B", Applicant Income Certification" be completed and recerti~ed 10 by homeowner(s). 11 a. Third party verification shall be completed prior to closing a 12 Residential Rehabilitation Loan and executing "Form O, Second 13 Mortgage" and "Form P, Promissory Note." 14 C. Program participant(s) (i.e., homeowner, and co-owner where applicable) must 15 execute "Form N, Affidavit of No Income Change" prior to closing the 16 Residential Rehabilitation Loan and executing "Form O, Second Mortgage" and 17 "Form P, Promissory Note." 18 D. Program participants must execute a Second Mortgage as a security interest to 19 finance the costs of rehabilitation work performed on the program participant's 20 dwelling unit. 21 1. the Secondary Mortgage must be executed on "Form O, Second 22 Mortgage" or on a substantially similar document that has been approved 23 by the Collier County Office of the County Attorney. 24 2. Lenders may include, but not be limited to, Collier County Board of 25 County Commissioners or any registered financial institution operating 26 under the Laws of Florida in Collier County, Florida. 27 3. The Second Mortgage shall set forth the obligations of the Borrower(s), 28 Lender(s), Mortgagor(s), and Mortgagee(s) and shall include, but not be 29 limited to, the following uniform covenants: 30 a. Payment of principal and Interest; Prepayment and Late Words underlined are additions, words ~.~t- .h ..... h are deletions. ATTACHMENT A b. Funds for Taxes and Insurance 2 c. Application of Payments 3 d. Charges; Liens 4 e. Hazard or Property Insurance 5 f. Occupancy, Preservation, Maintenance and Protection of the 6 Property; Borrower's Loan Application, Leaseholds 7 g. Protection of Lender's Rights in the Program 8 h. Mortgage Insurance 9 i. Inspection 10 j. Condemnation 11 k. Borrower Not Released, Forbearance By Lender Not a Waiver 12 1. Successor's and Assigns Bound; Joint and Several Liability; Co- l 3 signers 14 m. Loan Charges 15 n. Notices 16 o. Governing Law; Severability 17 p. Borrower's Copy 18 q. Transfer of the Property or a Beneficial Interest in Borrower 19 r. Borrower's Right to Reinstate 20 s. Sale of Note; Change of Loan Servicer _-21 t. Hazardous Substances u. Acceleration; Remedies _.5 v. Release 24 w. Attorney's Fees 25 x. Rider's to the Security Instrument 26 4. Mortgage dollar amount(s) shall be limited by and shall not exceed: 27 a. Program guidelines as established by program grantors 28 b. Bids for rehabilitation services as submitted by participating 29 contractors 30 5. Mortgage funds shall be disbursed pursuant to the terms of "Form P, 31 Promissory Note" and/or "Contract C-3, Performance Agreement." 32 6. The Second Mortgage shall be recorded with the office of the Collier 33 County Clerk of Courts upon closing of the Rehabilitation Loan with the 34 lending entity and the Homeowner. 35 7. Upon closing, Homeowner must provide the Collier County Housing and 36 Urban Improvement Department with a check to cover the costs of recordation of the Mortgage instrument with the Collier County Clerk of N^GEND T 38 Courts and documentary stamp tax. °. ~ FEB 2 3 1999 Words underlined are additions, words ~"'~- ~' ..... h are deletions. 32 ATTACHMENT A 1 8. No payment or disbursement of loan funds will be made or processed for 2 the program participant/homeowner or the Contractor until Collier County 3 Housing and Urban Improvement Department receives a certified copy of 4 the recorded Second Mortgage document. 5 9. A copy of "Form O, Second Mortgage" shall be maintained as part of the 6 permanent program file for each homeowner making application to the 7 Collier County Residential Rehabilitation Program. 8 C. Program participants must execute a Promissory Note as a security instrument and 9 promise to repay the Second Mortgage at the time that title to the property transfer 10 to an individual or individuals other than Borrower(s), or in accordance with the 11 terms of Form O, Second Mortgage. 12 1. The Promissory Note must be executed on "Form P, Promissory Note" or 13 on a substantially similar document that has been approved by the Collier 14 County Office of the County Attorney. 15 2. The Promissory Note sets forth the obligations of the Borrower, the 16 Lender, and the Noteholder and shall include, but not be limited to, the 17 following elements: 18 a. Borrower's Promise To Pay 19 b. Interest 20 c. Payments 21 d. Borrower's Right to Prepay 22 e. Loan Charges 23 f. Subordination 24 g. Borrower's Failure To Pay As Requested 25 h. Obligations Of Persons Under This Note 26 i. Waivers 27 j. Uniform Secured Note 28 3. Homeowner must provide the Collier County Housing and Urban 29 Improvement Department with a copy of the document within three (3) 30 working days of signing by all involved parties. 31 4. No payment or advance of loan funds will be made or processed for the 32 program participant/homeowner or the Contractor until Collier County . FEB 2 8 1999 Words underlined are additions, words strack *~' ..... ~' are deletions. 33 ATTACI{MENT A Housing and Urban Improvement Department receives a copy of the 2 "Form P, Promissory Note" fi'om the homeowner. 3 5. A copy of "Form P, Promissory Note" shall be maintained as part of the 4 permanent program file for each homeowner making application to the 5 Collier County Residential Rehabilitation Program. 6 D. Program participants must execute the program document entitled, "Contract C-3, 7 Residential Rehabilitation Program Performance Agreement." 8 1. The Performance Agreement sets forth the obligations of the Program 9 Participant with regard to the facts and purposes of the program which 10 includes, but is not limited to: 11 a. that program participant understands the conditions of the loan, 12 including program guidelines, rules, and restrictions 13 b. that benefits are transferable 14 c. that eligible dwelling units be occupied by the program participant 15 prior to and after completion of rehabilitation work to the dwelling ~1.6 unit d. that several funding sources may be used to provide services under .6 this program, and which programs may have different requirements 19 regarding location of eligible dwelling units and use of funds 20 e. that the eligible dwelling unit must comply with the requirements 21 of the Collier County Housing Code, Ordinance No. 89-06, as 22 amended; or if located within the City of Naples, the unit must 23 comply with applicable sections of the City of Naples Housing 24 Code, Ordinance 92-6621, as amended 25 f. that no owner, co-owner or relative of an owner or co-owner shall 26 serve as a contractor or subcontractor for the rehabilitation of the 27 subject property, nor shall an owner, co-owner, or relative receive 28 any compensation for their labor with any program funds 29 1) A relative of a homeowner or co-owner shall be defined in 30 this instance as an immediate family member to include 31 mother, father, brother, sister, aunt, uncle, and cousin or a 32 family member by marriage, to include mother-in-law, 33 father-in-law, brother-in-law, and sister-in-law. 34 g. that all work performed by a contractor will be in accordance with 35 the Inspection Report prepared by the Collier County Code 36 Enforcement Department, or by the City of Naples Building ;,~37 Division, and that no changes to bid work will be paid for with ~ loan funds where there has not been express written prior approval j' by the Program Administrator on the form entitled "Form 'R, 40 Residential Rehabilitation Program Change Order" °' F E B 2 3 1999 Words underlined are additions, words ,+..,^t- ...... ~, are deletions. 34 ATTACHMENT A 1 h. that access to the property and dwelling unit will be provided to 2 County, City, or other appropriate personnel conducting 3 inspections to determine interim progress and/or completion of 4 work for any or all rehabilitation work performed with funds from 5 this program 6 i. that contractor is responsible for acquiring any and all permits and 7 approvals to perform work under this program and must provide 8 evidence of permits where requested, by program personnel, 9 including but not limited to inspectors 10 j. that Owner/Program Participant shall execute the Second 11 Mortgage, Promissory Note, or other instrument deemed 12 appropriate for use in this program by the Office of the Collier 13 County Attorney and pay for recording costs 14 k. that payment for any work performed prior to execution of the 15 Second Mortgage, Promissory Note, or other approved instrument, 16 including but not limited to, an official Notice to Proceed, shall be 17 the sole responsibility of the Homeowner/Program Participant 18 1. liability for payment for any work performed by the contractor 19 which does not conform to the Work Write-Up where express 20 written approval has not been given by Collier County Housing 21 and Urban Improvement Department and the Owner shall be the 22 sole responsibility of Contractor 23 m. that program funds for rehabilitation shall be loaned to owner at 24 zero percent (0%) interest and payment of the principal amount 25 shall be deferred until such time that title to the property transfers 26 to an entity other than the owner. 27 n. that owner shall occupy the rehabilitated residential unit as the 28 owner/program participant's primary residence until a Satisfaction 29 of Mortgage is recorded in the Public Records of Collier County, 30 or shall be in default of this Performance Agreement, the required 31 Second Mortgage, and the Promissory Note 32 o. that the maximum amount of the loan shall be the actual amount 33 paid to the contractor, or seven thousand five hundred ($15,000) 34 dollars, whichever is less. 35 p. that if the residence or property is historically significant: 36 1) improvements must be consistent with those approved by 37 the Florida Department of State in accordance with the 38 most current revision of "Secretary of the Interior's 39 Standards for Rehabilitation and Guidelines for 40 Rehabilitation of Historic Buildings," and 41 2) improvements must comply with the Collier County 42 Historic/Archaeological Preservation Ordinance, Ordinance 43 No. 91-70. 44 q. that the Performance Agreement shall be enforced by Collier ^O~nDA T 45 County through injunctive or any other legal remedy. N, ~ Words ~ are additions, words r,~.'-ck t,h:cugh are deletions. g E B 3 1999 ATTACHMENT A 2 2. The Chairman of the Collier County Board of County Commissioners 3 shall be authorized by Resolution to sign the Performance Agreement on 4 behalf of the County. 5 3. A copy of "Contract C-3, Residential Rehabilitation Program Performance 6 Agreement" shall be maintained as part of the permanent program file for 7 each homeowner making application to the Collier County Residential 8 Rehabilitation Program. 9 ~:t. VII. Inspection(s) of Rehabilitation work 10 A. Interim Inspections for Code Deficiencies 11 1. Contractors are responsible for arranging interim inspections with 12 appropriate county or city departments. 13 2. Interim inspections will be conducted by Collier County Code 14 Enforcement Department, or the City of Naples Building Division in order "~ to determine compliance of rehabilitation work with the County Housing . o Ordinance, Ordinance No. 89-06, as amended, or the City Housing Code, 17 Ordinance No. 92-6621, as amended. 18 a. All work performed under the Collier County Residential 19 Rehabilitation Program must conform to all State, County, and/or 20 City code requirements to be reimbursed under this program. 21 3. Copies of inspection forms shall be signed by each individual performing 22 an inspection and a copy of the completed, signed inspection form will be 23 provided to the Collier County Housing and Urban Improvement 24 Department within three (3) days of completing each inspection. 25 a. Each inspection form shall be maintained as a permanent part of 26 each program participant's file. 27 4. Interim inspections of premises may be made by the Collier County 28 Housing and Urban Improvement Department, the Collier County Code --~9 Enforcement Department, the City of Naples Building Division, or by O inspection personnel from a Collier County financial instim ~- Words underlined are additions, words -*---'- *~- .....~, FEB a3 999 ............ r:,-, are deletions pg. ~(') ATTACHMENT A 1 such institution becomes an active participant in the Collier County 2 Residential Rehabilitation Program. 3 5. All rehabilitation work performed under the Collier County Residential 4 Rehabilitation Program must conform to general industry work quality 5 standards for such work, in order to pass inspection(s) and be reimbursed 6 under this program. 7 6. The Collier County Code Enforcement Department and/or the City of 8 Naples Building Division shall be vested with the authority to make a final 9 determination of conformante to code requirements for all code related 10 rehabilitation work performed under this program. 11 B. Interim Inspections For Rehabilitation Work Other Than Code Deficiencies 12 1. Interim inspections for other rehabilitation work will be performed by 13 Collier County Code Enforcement Department, or the City of Naples 14 Building Division to determine if materials and workmanship comply with 15 the requirements of this program as described in "General Specifications 16 for Rehabilitation and Home Repair" if applicable, as well as the 17 requirements of the County and City for such work. 18 2. Copies of signed, completed inspection forms for any inspection(s) shall 19 be provided to the Collier County Housing and Urban Improvement 20 Department within three (3) working days of completion of the inspection. 21 3. Each inspection form shall be maintained as a permanent part of each 22 program participant's file. 23 4. Interim inspections of premises may be made by the Collier County 24 Housing and Urban Improvement Department, the Collier County Code 25 Enforcement Department, the City of Naples Building Division, or by 26 inspection personnel from a Collier County financial institution, when 27 such institution becomes an active participant in the Collier County 28 Residential Rehabilitation Program 29 a. Such inspections may address, but are not limited to: F E B g 3 1999 Words underlined are additions, words .~-.,,,t- .~, .....~ are deletions. 37 ,:,~. y.;,,/ ATTACHMENT A 1 ) Inspections prior to mediation between the homeowner and 2 contractor, when needed 3 2) Inspections to determine extent of work progress prior to 4 approval for an interim, progress, or final payment to 5 contractor. 6 5. All rehabilitation work performed under the Collier County Residential 7 Rehabilitation Program must conform to the requirements of "General 8 Specifications for Rehabilitation and Home Repair", if applicable, as well 9 as general industry work quality standards for such work, in order to pass 10 inspection(s) and be reimbursed under this program. 11 6. The Program Administrator shall be vested with the authority to make a 12 final determination of work completeness and work quality in the event 13 that there is disagreement among any of the parties. 14 C. Final Inspections for Code Deficiencies 1. Contractors are responsible for arranging final inspections with x 6 appropriate county or city inspection departments. 17 2. Final inspections will be conducted by Collier County Code Enforcement 18 Department, or the City of Naples Building Division in order to determine 19 compliance of rehabilitation work with the County Housing Ordinance, 20 Ordinance No. 89-06, as amended, or the City Housing Code, Ordinance 21 No. 92-662 1, as amended. 22 a. All work performed under the Collier County Residential 23 Rehabilitation Program must conform to all State, County, and/or 24 City code requirements to be reimbursed under this program. 25 3. Copies of inspection forms shall be signed by each individual performing 26 an inspection and a copy of the completed, signed inspection form will be 27 provided to the homeowner and to Collier County Housing and Urban 28 Improvement Department within three (3) working days of completion of 'q any final inspection. N~o.sEN ~: F E B 2 3 1999 Words ~ are additions, words .,...,,,t- tbzcu"h are deletions. 38 ATTACHMENT A I a. Each inspection form shall be maintained as a permanent part of 2 each program participant's file. 3 4. The Collier County Code Enforcement Department and/or the City of 4 Naples Building Division shall be vested with the authority to make a final 5 determination of conformance to Code requirements for all code related 6 rehabilitation work performed under this program. 7 5. All rehabilitation work performed under the Collier County Residential 8 Rehabilitation Program must conform to the requirements of "General 9 Specifications for Rehabilitation and Home Repair", if applicable, as well 10 as general industry work quality standards for such work, in order to pass 11 inspection(s) and be reimbursed under this program. 12 6. The Program Administrator shall be vested with the authority to make a 13 final determination of work completeness and work quality in the event 14 that there is disagreement among any of the parties. 15 D. Final Inspections for Rehabilitation Work Other than Code Deficiencies 16 1. Final inspections for other rehabilitation work will be performed by 17 Collier County Code Enforcement Department, or the City of Naples 18 Building Division to determine if materials and workmanship comply with 19 the requirements of this program as described in "General Specifications 20 for Rehabilitation and Home Repair", if applicable, as well as the 21 requirements of the County and City for such work. 22 2. Copies of signed, completed inspection forms for all final inspections shall 23 be provided to the Collier County Housing and Urban Improvement 24 Department within three (3) working days of completion of the inspection. 25 3. Each final inspection form shall be maintained as a permanent part of each 26 program participant's file. 27 4. Final inspections of premises shall be made by the Collier County 28 Housing and Urban Improvement Department, or by inspection personnel 29 from a Collier County financial institution, when such institution becomes FEB 2 3 1999 Words underlined are additions, words .~-,,,,t- a, .....*' are deletions. 39 ATTACHMENT A an active participant in the Collier County Residential Rehabilitation 2 Program. 3 a. Such inspections may address, but are not limited to: 4 1) Inspections prior to mediation between the homeowner and 5 contractor, when needed 6 2) Inspections to determine extent of work progress prior to 7 approval for final payment to contractor 8 3) Inspection to determine if all receipted, purchased materials 9 have been installed 10 4) Inspection to obtain homeowner final sign-off and approval 11 for final payment to contractor. 12 5. All rehabilitation work performed under the Collier County Residential 13 Rehabilitation Program must conform to the requirements of "General 14 Specifications for Rehabilitation and Home Repair", if applicable, as well as general industry work quality standards for such work, in order to pass ~ 6 inspection(s) and be reimbursed under this program. 17 6. The Program Administrator shall be vested with the authority to make a 18 final determination of work completeness and work quality in the event 19 that there is disagreement among any of the parties. 20 21 VIII. Methods of Payment For Rehabilitation Work Performed 22 A. Performance Bonds 23 1. No performance bond shall be required to be posted by a contractor 24 selected by owner or a pre-qualified contractor under this program. 25 2. In lieu of posting a performance bond, an amount equal to twenty (20%) 26 percent of any interim progress payment will be retained pending 27 completion and final approval of all rehabilitation work, and submission of 28 Waivers of Lien and proper documentation. '~'~ B. Methods of Payment for Work Performed F E B 2,3 1999 Words underlined are additions, words ...-,,,.t..~, .....~' are deletions. 40 ATTACHMENT A 1 1. There are two methods by which contractors may be paid for services 2 rendered under this program: 3 a. One time payment for services: 4 1 ) Contractor submits "Form U, Request for Inspection" to the 5 Housing and Urban Improvement Department. Such 6 request must have copies of receipts for materials attached. 7 No request will be processed without copies of the vendor 8 receipts for materials used on the dwelling unit. 9 2) Payment to Contractor is contingent on submission of 10 "Form U, Request for Inspection," to Collier County 11 Housing and Urban Improvement Department, Final 12 Inspection by appropriate personnel, and must be 13 accompanied by: 14 a) Affidavit from Contractor stating that 15 subcontractors and material suppliers have been 16 paid for the particular job and dwelling unit for 17 which the Contractor is submitting a request for 18 payment to Collier County. 19 1. Contractor(s) must submit final, notarized 20 originals of "Form M, Waiver of Lien to 21 Date" from all subcontractors with the 22 "Form U, Request for Inspection." 23 2. Final inspections will not be conducted until 24 such time that final, notarized originals of 25 "Form M, Waiver of Lien to Date" have 26 been submitted to the Housing and Urban 27 Improvement Department for all 28 subcontractors performing rehabilitation 29 work on the dwelling unit to be inspected. Words underlined are additions, words ~"'~" '~' ..... h are deletions. FF_4~ 2 ~] 1999 ATTACHMENT A 3. Contractor(s) must submit final, notarized 2 originals of "Form M, Waiver of Lien to 3 Date" from all building material suppliers 4 with "Form U, Request for Inspection." 5 4. Final inspections will not be conducted until 6 such time that final, notarized originals of 7 "Form M, Waiver of Lien to Date" has been 8 submitted to the Housing and Urban 9 Improvement Department for all material 10 vendors providing materials for the dwelling 11 unit to be inspected. 12 b) In the alternative, upon submission of invoices or 13 other documentation from Contractor and a written 14 notarized statement from Contractor that materials have been supplied and services rendered which are 16 satisfactory to Contractor, payment shall be 17 processed. 18 c) Final inspection of all work intended to correct 19 Collier County Housing Code violations is 20 conducted by the Code Enforcement Department 21 within three (3) working days of receipt of "Form 22 U, Request for Inspection" fi'om the Housing and 23 Urban Improvement Department. 24 d) Final inspection of all rehabilitation work shall be 25 conducted by the Collier County Housing and 26 Urban Improvement Department, the Collier 27 County Code Enforcement Department, personnel 28 from applicable City departments or divisions, and/or appropriate personnel from a local financial AGENDA T institution that is participating in the Progr~ m, t~°. ~ F E B 2 3 1999 Words Underlined are additions, words -"""~'- t~:cu-h are deletions. 42 ATTACI{MENT A 1 determine that all purchased materials have been 2 installed. Such inspection shall be conducted within 3 three (3) working days of receipt of "Form U, 4 Request for Inspection" by the Housing and Urban 5 Improvement Department. 6 e) Contractor, Homeowner, and all Inspector(s) 7 complete and sign form entitled "Form T, 8 Disbursement Authorization." 9 f) Contractor executes form entitled "Form M, Waiver 10 of Lien to Date" and provides the original notarized 11 document to the Purchasing Department and a copy 12 of the executed form to the Housing and Urban 13 Improvement Department. 14 6) Contractor submits copies of receipts for all rehabilitation 15 materials purchased and installed for reimbursement with 16 program/loan funds to the Housing and Urban 17 Improvement Department with signed and completed 18 "Form T, Disbursement Authorization." 19 7) Housing and Urban Improvement Department shall forward 20 copies of all Contractor's receipts for purchased materials, 21 "Form T, Disbursement Authorization" and other 22 appropriate documents to the Collier County Clerk's 23 Finance Department. 24 8) Collier County Clerk's Finance Department shall process 25 payment to contractor for the contract amount and for any 26 additional work authorized and documented on "Form R, 27 Change Order" by the Program Administrator. 28 9) Contractor is responsible for providing payment to any and 29 all sub-contractors performing rehabilitation work on AGEN E 30 dwelling units and property. "o. ~ F E B 2 3 1999 Words underlined are additions, words ~.-..~t- .~. .....*' are deletions. 43 ATTACHMENT A b. Progress Payments 2 1 ) All requests for progress payments must be submitted on 3 the form entitled "Form T, Disbursement Authorization." 4 2) Interim or final inspection of all work intended to correct 5 Collier County Housing Code violations is conducted by 6 the Code Enforcement Department, and all work to correct 7 city of Naples Housing Code is conducted by the City 8 Building Division, within three (3) working days of receipt 9 of "Form U, Request for Inspection" from the Housing and 10 Urban Improvement Department. 11 3) Interim inspection of all rehabilitation work shall be 12 conducted by the Collier County Housing and Urban 13 Improvement Department, Collier County Code 14 Enforcement Department, applicable City departments or divisions, and/or appropriate personnel from a local 16 financial institution that is participating in the Program, to 17 determine that all purchased materials have been installed. 18 Such inspection shall be conducted within three (3) 19 working days of receipt of "Form U, Request for 20 Inspection." 21 4) Contractor executes form entitled "Form M, Waiver of Lien 22 to Date" and provides the original notarized document to 23 the Purchasing Department and a copy of the executed, 24 notarized form to the Housing and Urban Improvement 25 Department. 26 5) Contractor, Homeowner, and all Inspector(s) complete and 27 sign form entitled "Form T, Disbursement Authorization." 28 6) Contractor submits copies of receipts for all materials purchased with program/loan funds to the Housing and . NAGEND J0 Urban Improvement Department with the requ~ st for °' ~ FEB 2 3 1999 Words underlined are additions, words -~-""'- +h ..... h are deletions. 44 ATTACHMENT A 1 progress payment and "Form T, Disbursement 2 Authorization." 3 7) Housing and Urban Improvement Department shall forward 4 Contractor's invoice, copies of all receipts for purchased 5 materials, "Form T, Disbursement Authorization", and 6 other appropriate documents to the Collier County Clerk's 7 Finance Department. 8 8) Collier County Clerk's Finance Department shall process 9 payment to contractor for the invoice amount and for any 10 additional work authorized through Change Order by the 11 Program Administrator. 12 a. No payment shall be made for any work not 13 specifically authorized by the Program 14 Administrator, either by contract or by change 15 order. 16 9) Contractor is responsible for providing payment to any and 17 all sub-contractors performing rehabilitation work on 18 dwelling units and property. 19 C. Program Participant Files 20 1. Copies of every form and copies of all receipts used in the Contractor 21 payment process shall be kept as a part of each individual homeowner's 22 program file. 23 D. Change Order Contingency 24 1. Each rehabilitation loan will include a contingency reserve fund which, as 25 a general rule, will be based on ten (10%) percent of the cost of the 26 rehabilitation contract. 27 a) Contingency requirements may vary when such requirements are 28 mandated by a specific funding source. F F n g 3 1999 Words underlined are additions, words .,,.,,,t- +~, .....~ are deletions. 45 ATTACHMENT A 2. Any work completed pursuant to an approved change order that incurs 2 additional costs will be deducted from this ten (10%) percent contingency 3 reserve. 4 3. Contingency ~mds must be expended to attain the final dollar amount of 5 the Second Mortgage and the Promissory Note. 6 IX. Disaster Waiver 7 A. In the event of a natural disaster, program guidelines regarding pre-quali~cation 8 of participating contractors may be waived in order to expedite needed repairs and 9 improvement to damaged properties. 10 B. Any dollar expenditure cap in effect for any state or federal program that provides 11 funds used in the Collier County Rehabilitation Program may be waived or 12 increased where the govemor of the State of Florida, or the Executive Officer of 13 any state or federal agency issues an Executive Order, or other such directive, 14 waiving or increasing said cap. C. All Collier County Residential Rehabilitation Program requirements for 16 documentation by contractors of material purchases and estimated labor costs 17 shall remain in effect. 18 19 20 2 1 h: hF;'hfaJmisc/1999/ential Rehab. Policy Guidelines. I -6-99 22 23 24 25 FFgl 2 8 1999 Words underlined are additions, words sL~'ck L~-c, ugk are deletions. 46 EXECUTIVE SUMMARY PETITION NO. CU 98-26: BEAU KEENE OF KEENE ENGINEERING REPRESENTING JOSEPH AND CONNIE SMITH IS REQUESTING THE APPROVAL OF A CONDITIONAL USE FOR AN EARTH MINING ACTIVITY ON A PARCEL OF LAND ZONED "A-MHO" AGRICULTURAL WITH MOBILE HOME OVERLAY LOCATED ON LILAC ROAD APPROXIMATELY 1/2 MILE NORTH OF IMMOKALEE ROAD IN SECTION 23, TOWNSHIP 47 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 4.8 ACRES. OBJECTIVE: The petitioner is requesting the above described Conditional Use for an earth mining activity. CONSIDERATIONS: The applicant is requesting Conditional Use "1" of the "A-HMO" Agricultural zoning district with Mobile Home Overlay for an earth mining business. The site is being used as a farm. The petition. The petitioner is proposing to excavate the site to a depth of 20 ---- feet. No blasting is proposed as a part of this earth mining petition. The access to the site will be provided from Lilac Road. The site in question is surrounded on all sides by mostly farm lands with mobile home or other types of dwellings. This mining activity should have minimal impact on neighboring properties at the present time because existing housing in this area is sparse. A staff site visit revealed that at this time there are two (2) homes adjoining this parcel. A geological survey of the parcel in question shows that the area is composed of sand up to a depth of 20 feet. The applicant's request is to excavate to a maximum depth of 20 feet; therefore, no blasting shall be necessary to excavate this tract of land. The Collier County Planning Commission heard this petition on February 4, 1999 and by a vote of 9-0 recommended approval subject to the CCPC conditions. No one spoke in opposition to this petition at the CCPC meeting, and furthermore, staff has not received any correspondences objecting to the approval of this petition. Therefore, this petition qualifies to be placed on the Summary Agenda. FISCAL IMPACT: This petition is for an earth mining operation. The only impact fee applica ~le t~.<~l~ operation is the road impact fee. Based on the transportation impact fee :alculation F E B 2 3 1999 1 I:>cl.. / criteria this operation generating 8.68 trips a day for 12 months will be assessed a transportation impact fee of $ 9,861.48. Impact Fees are currently being reviewed to determine if adjustments are required to more accurately reflect the impact of pa.rticular 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 schemes. An 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 method by which to estimate the cost 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 not withstanding fiscal impact relationship, development takes place in an environment of concurrency relationship. When level of service requirements fall below then developed standard a mechanism is in place to bring about a cessation of building activities. Certain LOS standards apply countywide and would therefore bring about a countywide concurrency determination versus roads which may have geographic concurrency implications. GROWTH MANAGEMENT IMPACT: None. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. PLANNING COMMISSION RECOMMENDATION' That the Board of Zoning Appeals approve Petition CU-98-26. as described by the Resolution of Approval and Exhibits thereto, and made a part of this Executive Summary submission. F E B 2 3 1999 2 ___ pq. C~ PREPARED BY: ~~,~,,', "l~~~ ?.z ,~/1 CHAHRAM BADAMTCHIAN, Ph:D., AICP DATE PRINCIPAL PLANNER RE,V..I~WED BY: RONALD F. NINO, AICP, MANAGER DATE CURRENT PLANNING SECTION R(:)BERT J. MULHERE, AICP, DIRECTOR DATE PLANNING SERVICES APPROVED BY: VI ADMINIST~,ATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1999 AGENDA ITEM 7-H MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE: December 7, 1998 RE: PETITION NO: CU-98-26 OWNER/AGENT: Percentage of Ownership: owner: Joseph S. & Connie G. Smith 100% 710 West Main Street Immokalee, FL. 34142 Agent:: Beau Keene, P.E. Keene Engineering 3785 Airport Road North Suite "B" Naples, FL. 34105 REQUESTED ACTION: The applicant is requesting the approval of a conditional use for an earth mining activity on a parcel of land zoned "A" Agricultural. GEOGRAPHIC LOCATION: The subject property is located 300 feet east of Lilac Road approximately 1/2 mile north of Immokalee Road in Section 24, Township 47 South, Range 27 East, Collier County Florida. This parcel consists of approximately 4.8 acres. PURPOSE/DESCRIPTION OF PROJECT: The applicant is requesting Conditional Use "1" of the "A" Agricultural zoning district for an earth mining business. The petitioner is proposing to excavate the site to a depth of 20 feet. Due to the existence of residential units within close proximity of the subject site and the small area of the tract in question staff recommends that no blasting be permitted with this excavation. The access to the site will be provided by Lilac Road which is a 2 lane unpaved road SURROUNDING LAND USE AND ZONING: F E B g 3 1999 ~,~ ~, ~,~o 2 3 1999 Existing: - Mobile home residence, zoned "A-MHO" Agricultural with Mobile Home Overlay. Surrounding: North - Mobile home residence, zoned "A-MHO Agricultural with Mobile Home Overlay. East - Farm land, zoned "A-MHO" Agricultural with Mobile Home Overlay. South- Farm land, zoned "A-MHO" Agricultural with Mobile Home Overlay. West- Mobile home residence, zoned "A-MHO" Agricultural with Mobile Home Overlay. GROVVTH MANAGEMENT PLAN CONSISTENCY: The subject property is located in the Rural Agricultural area as shown on the FLUE map of the GMP. The property is zoned "A" Rural Agricultural. This district allows for certain conditional uses which may include commercial earth mining. Therefore, this request is consistent with the FLUE of the GMP. Other applicable elements of the GMP for which a consistency review was made are as follows: Transportation Element: Ingress and egress to the site will be provided through Lilac Road. The applicant will be required to improve the access to Lilac Road from Immokalee Road by providing a deceleration lane on Immokalee Road and by paving the first 40 feet of Lilac Road. The ITE Trip Generation manual indicates that this site will generate 100 trips on a weekday. Based on this data, the site generated traffic will not exceed the significance test standard (5 percent of the level of service LOS "C" design volume) any County road. In addition, the site generated trips will not lower the LOS below the adopted LOS "D" standard for any segment within the project's radius of development influence (RDI). Therefore, this project is consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element (TCE). Conservation Element: This petition will be reviewed by the EAB on January 6, 1999. The EAB recommendation and stipulations will be presented to the CCPC at the hearing. STAFF ANALYSIS The Current Planning staff has coordinated a comprehensive evaluation of t~ s land use ~SAG /~ ITEM ed~ petition and the criteria on which a favorable determination must be I: . evaluation is intended to Provide objective, comprehensive overview of the impacts of FEB g 3 1999 2 the proposed land use change, be they positive or negative, culminating in a staff recommendation based on that comprehensive overview. The below listed criteria are specifically noted in Section 2.7.4.4. of the Land Development Code thus requiring staff evaluation and comment, and shall be used as the basis for a recommendation for approval or denial by the 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 below, and are categorized as either pro or con as the case may be, in the opinion of staff. Staff review of each criterion is followed by a summary conclusion culminating in a determination of compliance, non-compliance or compliance with mitigation. a. Consistency with this code and Growth Management Plan. PrO; The site in question is zoned "A". Earth mining is permitted as a Conditional Use in the Agricultural district. The subject property is designated Rural Agricultural on the Future Land Use of the GMP. Con: None. Summary_ ConclusiOn (Findings): The use in question is permitted within the Rural Agricultural district. This district allows certain non-agricultural land uses, provided certain criteria are met. This request is deemed to be consistent with the requirements of the Growth Management Plan, irrespective of our subsequent findings based on the criteria for the approval of conditional uses. 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: The access to the site will be provided from Lilac Road which is a local road with very few improved properties along this road and only a few people using it to gain access to their properties. Con: Lilac Road is a two lane unpaved local road and there are no plans to add additional travel lanes in the near future. Summary_ Conclusion (.Findings): Adequate ingress and egress to the site will be provided through Lilac Road. c. The effect the conditional use would have on neighboring properties in relation to noise, glare, economic or odor effects; PrO: F E B 2 3 1999 -3- Pa. ~ 1 ) Neighboring properties are only partially undeveloped. This mining activity should have minimal impact on neighboring properties at the present time because existing housing in this area is sparse. 2) The effects of this conditional use will not be substantially different in the short run when compared to a permitted use in the district. COn: This activity will generate some noise and dust which may affect the neighboring properties._ ~;Umm~ry Conclusion (Findings): The proposed earth mining activity will generate some noise and dust in the area. This activity is not anticipated to generate any glare or odor. A permitted use of the property in the short run could very well involve the excavation of earth material and its off-site transportation. d. Compatibility with adjacent properties and other property in the district. Pro: To the south and east this property is adjacent to agriculturally zoned properties which are being used for bona-field agricultural uses. Con: To the west and north this parcel is adjacent to two parcels, each with a residential dwelling. Summary_ Conclusion (Findings): The Parcel in question is surrounded on two sides with parcels with residential uses and on the remaining sides it is adjacent to agriculturally used properties. STAFF RECOMMENDATION: Staff recommends that the CCPC forward Petition CU-98-26 to the BCC with a recommendation for conditional approval subject to all staff stipulations. F E B 2 3 1999 -4- PREPARED BY: (_d~r~-n 't~:~~d/,,,'~,~ /z//4/ GHAHRAM BADAMTCHIAN, Ph.D., AIGP DATE PRINCIPAL PLANNER REVIEWED BY: RONALD F. NINO, AIGP, MANAGER DATE GLIRRENT PLANING SERVICES ~E Y'5.~U HERE, AIGP, DIRECTOR DATE PLANNING SERVICES APPROVE~D,,BY: VINCENT CAUTERO, AIGP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES Petition Number: CU-98-26 Staff Report for February 4, 1999 CCPC meeting. NOTE: This Petition has been advertised for the February 23, 1999 BCC meeting. COLLIER COUNTY PLANNING COMMISSION: MIC_~I"E. BRUET, CHAIRMAN F E 8 g 3 1999 -5- ! 3 O A ~rq~ ~- ...... IDiNG ~ PRC'V FOR THE ES.ABLiSHHENT ZF ~ EARTHMINiNG CONDITIONAL USE "I" iN THE "A" g ZONING ZiSTRICT PURSUANT TO SECTiCN 2.2.2.3 OF 9 THE COLLIER CCUNTY LAND DEVELOPMENT CCEE FOR l0 PROPERTY LOCATED iN SECTICN 24, COWNSHii 47 11 c~n~u F~.NGE ~' EAST, COLLIER COUNTY FLORIDA. ~2 13 I4 WHEREAS, zhe Les!siarare of the State cf F!orlga zz Chapnet 15 67-1246, Laws cf Florida, and Chapter 125, Florida Statutes, has 16 conferred cn Collier CcunEy the power to establish, coordinate and ~7 enforce zoning and such business regulations as are necessary for the 18 prczeczicn cf zhe pubizc; and 19 WHEREAS, the Csunz7 pursuant z~erezc has adopted a LanG 20 2eveiopmenE Code ~Ordinance No. 9!-!02~ which includes a 21 Comprehensive Zoninc Ordinance es~aDiishing regulations for the 22 zoning of parEicular geographic divisions of the Zounty, among which 13 is the grantinc of Congmzionai Uses; and 24 WHEREAS, ~he Collier County Planning Commission, being the duly 25 appointed and consEizuted planning board for the area hereby 26 affected, has held a pu~iic hearing after notice as in said 27 regulations made and provided, and has considered i~e aGvisability of 28 Ccndit~onai Use "I" of Sectlot 2 o ~ 3 in an "A" Zone for earthmininG 29 on the prcperzy hereznafzer eescriDeG, anG has found as a matter of 30 fact Exhibit "A") zhaE sailsfactory provision and arrangement have 31 been ma~e concerning all applicable matters requzred by said 32 regulations and in accordance with Subsection 2.7.4.4 of the Land 33 Development Code for the Collier County P!anning Ccmaission; and 34 WHEREAS, all interesEed parties have been given opportunity to 35 be heard by Ehls Board in a public meeting assembled and the Board 36 having considered all matters presented. 37 NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of 38 Collier County, Florida thaE: FEB g 3 1999 The Nenzzzsn filea cy Seas ?:eene, i.E., _f }:eene Engzneerzng represen;in~ jase~n S. ale lsnnze S. Smash, wTtn respecs ts ;he ~ ireFerly hereznafler seecrimea 4 5 ExhibiI "B" ',.;mica is ancacnem hereric ant inccrpcrate~ 6 reference herezn :e and the same :s here~y l~}rs-.-ed fist Zsnaiizsnal Use "i" sf SectTen 8 2.2.2.! of the "A' Zonzng lislrzs: fist ear:hmlnzng zn accorCance with 9 she Conceo:uai :,:aster Plan Exhzbz: "C"' aria sub!ec: zo the l0 ffe!!owlng conditions: 11 12 Exhibit "D" which is aTTached hereno and incorporated by 13 reference herein. 14 BE iT FURTHER RESOLVES zna~ this Resoiuzicn be recorded in the 15 minuses cf IRis Board. 16 This P. esoluticn aaop~en after menson, 2ecczd and majorsty vs~e. 17 lane lh~s !iv :f , 1999. 18 I9 20 BOARD OF ZONING APPEALS 21 COLLIER CCUNTY, FLORIDA 22 23 BY: 24 Chairman 25 26 ATTEST: 27 DWIGHT E. BROCK, Clerk 28 29 30 31 Approved as zo Form and 32 Legal Sufficiency: 33 rn. 34 ~arj o~jie M. Student 35 Assmstant County Attorney 36 f,'SU-98-26 RESOLUTION 37 3~ FEB % 1999 -2- FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-98-26 The following facts are found: 1.Section 2.2.2.3.1 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 Pi~ No Bo 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: Adequatey~%%ss & egress No 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 us~es~in district No Based on the above findings, this conditional use should, with stipulation (cop attached) (should not) be recommended for approval .~~ . DATE: ~1~ CHAI EXHIBIT "A" 9/CU-98-26 FINING OF FACT C~IRMAN/ FEB g 8 1999 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-98 ~ The following faces are found: i. Section 2.2.2.3.1 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 Msnagement Plaru Yes J 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: j~zNo affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible us~j~t~n district Yes stipulations, (copy attached)(~o recommended for approval ./~~~~~ DATE: ~-- ' ~ ~ MEMBER: ~ g/CU-98-26 FINDING OF FACT MEMBER/' FEB Z 3 1999 FINDING SF FACT BY COLLIER COUNTY P~NNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-98-26 The following faces are found: 1. Section 2.2.2.3.1 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 pedestrlan safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress &j~ess Yes No C. Affects neighboring properties in relation to noise, glare ~conomic or odor effects: .P~Neo affect or Affect mitigated by Affect cannel 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 conditional use should, with stipulations, (copy attached~ be recommended for approval .... g/CU-98-26 FI~ING OF FACT ME~ER/ F E S 3 1999 Pa.//-/ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-98-26 The following facts are found: i. Section 2.2.2.3.1 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 &~re~l Yes C. Affects neighboring properties in relation to noise, glare, economic or odv~ effects: No affect or Affect mitigated by~FFU~13~ Affecz cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible 'thin district Yesuse~m No Based on the above findings, this conditional use should, with stipulations, (copy attached) ~) be recomme~ed for approval g/CU-98-26 FINDING OF FACT MEMBER/ F E B Z 8 1999 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-98-26 The following fac~s are found: Section 2 2 2 ~ 1 of the Land Development Code authorized the conditicnai use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affecn other property or uses in the same district or neighborhood because of: A.Consistency with the Land Development Code and Growth Management ~an: 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 &yre~ Yes C. Affects neighboring properties in relation to noise, economic or odor effects: glad'No affect or Affect mitigated by Affect cannon be mitigated D. Compatibility with adjacent properties and other property in the district: Based on the above findings, this conditional use s_~ with stipulations, ~co~y ~ttachad)-(sheu!d not) be recommended for approval ~//~OJJ2) I ~- g/cu-98-26 FINDING OF FACT MEMBER/ F E B g 8 1999 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-98-26 The following faces are found: !. Section 2.2.2.3.1 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. Consismency 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: Yes C,/ No 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 w~thin district Yes ~-/~' No Based on the above findings, this conditional use should, s~, (copy attached) (should not) be recommended for approval , '7"' .... ' g/CU-98-26 FINDING OF FACT MEMBER/ FEB 2 999 / FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-98-26 The following facts are found: 1.Section 2.2.2.3.1 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, 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 DATE M B : EM ER: F E B g 8 1999 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-98-26 The following facts are found: i. Section 2.2.2.3.1 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 zhp~nand Development Code and Growth Management : Yes No B. Ingress and egress no 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. AffeFs neighboring properties in relation to noise, glar , 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' Compatib~% sus n district Based on the above findings, this conditional use should, with stipulations, (copy attached) (s~R.~nd~r approval DATE: J'~/~/~ MEMBE g/CU-98-26 FINDING OF FACT MEMBER/' F E B 2 3 1999 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-98-26 The following facts are found: 1. Section 2.2.2.3.1 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 disnrict or neighborhood because of: A.Consislency with lhe Land Development Code and Growth Management P~: Yes No B. Ingress and egress ~o 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 & ec33~ess Yes / No C. Affects neiqhboring properties in relation to noise, or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use wjJ&hin district Yes K'/ No Based on the above findings, this conditional use shou with stipulations, (copy attached) ~ (~) be recommended for approval //~~/~ /~ . DATE: ~//~ MEMBER: ~/~~ .,--- g/CU-98-26 FINDING OF FACT MEMBER/ H F E B 3 1999 LEGAL DESCRIPTION East ½ of the NW ¼ of the NW ¼ of the SW ¼ of Section 24, Township 47 South, Range 27 East, collier County, Florida. Exhibit "B" - to!~~ F E B 2 3 1999 Pc~. ~_,__ EXISTING RESIDENCE llllllllllllllllllllllltl I lllllllllllllllllllllllll ~ | llllllllllllllllllllllllllll ~llllllllllll lllllllllllllllllllllllllllll{llllllllllll llllllllllllllllllll'~ ~ ' ~ llllllllllllllllllll'~lllllllllllllllllll .................... ~ [ ! ~ ............................ ~  ~i VACANT LAND " 1 "'l ....., It ' EXHIBIT "C" CONDITIONS OF APPROVAL CU-98-26 This approval is conditioned upon the following stipulations requested by the Collier County Planning Commission in their public hearing on February 4, 1999. Plannirlg Services: a. The Current Planning Manager, may approve minor changes in the location, siting, or height of buildings, sg'uctures, and improvements authorized by the conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Review and approval, of the Collier County Land Development Code, Ordinance (91-102). b. The only access to the site shall be from Lilac Lane. c. The applicant shall provide an eastbound left tum lane on Immokalee Road at the intersection with Lilac Lane pdor to any excavation activity on the site. d. When deemed necessary by the Collier County Transportation Department, the applicant shall provide a westbound right turn on Immokalee Road at the intersection with Lilac Lane. e. Lilac Lane at Immokalee intersection shall be paved within the Immokalee Road R.O.W.. Radius returns of 50 feet and proper drainage and culvert(s) shall be included with this work. f. Lilac Lane shall be maintained as a dust-free surface for the duration of the mining operations. g. The payment of road impact fees for this development shall be based upon an individual site specific calculation of impact fee due to the nature and use of the subject site. The Transportation Services Department shall determine the amount of this fee. h. The petitioner shall remove all exotic vegetation on site as listed in the LDC 3.9.6.4.1. prior to any excavation activities on site. Subsequent annual exotic removal (in perpetuity) shall be the responsibility of the property owner. EXHIBIT "D" ~"~ F E B g 3 1999 1 EXECUTIVE SUMMARY PETITION NO. CU 98-25: BEAU KEENE OF KEENE ENGINEERING REPRESENTING JOLLY TRUCKING IS REQUESTING THE APPROVAL OF A CONDITIONAL USE FOR AN EARTH MINING ACTIVITY ON A PARCEL OF LAND ZONED "A-MHO" AGRICULTURAL WITH MOBILE HOME OVERLAY LOCATED ON ANGELA ROAD APPROXIMATELY 1 MILE NORTH OF IMMOKALEE ROAD IN SECTION 23, TOWNSHIP 47 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 9.87 ACRES. OBJECTIVE: The petitioner is requesting the above described Conditional Use for an earth mining activity. CONSIDERATIONS: The applicant is requesting Conditional Use "1" of the "A-HMO" Agricultural zoning district with Mobile Home Oveday for an earth mining business. The site is being used as a farm. The petition. The petitioner is proposing to excavate the site to a depth of 20 feet. No blasting is proposed as a part of this earth mining petition. The access to the site will be provided from Lilac Road. The site in question is surrounded on all sides by mostly farm lands with mobile home or other types of dwellings. This mining activity should have minimal impact on neighboring properties at the present time because existing housing in this area is sparse. A staff site visit revealed that at this time there are four (4) homes adjoining this parcel. A geological survey of the parcel in question shows that the area is composed of sand up to a depth of 20 feet. The applicanrs request is to excavate to a maximum depth of 20 feet; therefore, no blasting shall be necessary to excavate this tract of land. The Collier County Planning Commission heard this petition on February 4, 1999 and by a vote of 9-0 recommended approval subject to the CCPC conditions. No one spoke in opposition to this petition at the CCPC meeting, and furthermore, staff has not received any correspondences objecting to the approval of this petition. Therefore, this petition qualifies to be placed on the Summary Agenda. FISCAL IMPACT: This petition is for an earth mining operation. The only impact fee appliG ~ble tk~.etffHS~'' operation is the road impact fee. Based on the transportation impact fee calculation F E B ?, 3 1999 1 F,g. / - criteria this operation generating 8.68 trips a day for 24 months will be assessed a transportation impact fee of $14,482.47. 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 schemes. An 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 method by which to estimate the cost 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 not withstanding fiscal impact relationship, development takes place in an environment of concurrency relationship. When level of service requirements fall below then developed standard a mechanism is in place to bring about a cessation of building activities. Certain LOS standards apply countywide and would therefore bring about a countywide concurrency determination versus roads which may have geographic concurrency implications. GROVVTH 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-98-25. as described by the Resolution of Approval and Exhibits thereto, and made a part of this Executive Summary submission. FEB 2 3 1999 2 Pg:_ ~;~ PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP DATE PRINCIPAL PLANNER R,E--'~IEWED BY: 'V .-,, 02,-~' RC~,~LD F. NINO, AICP, MANAGER DATE CURRENT PLANNING SECTION R AICP, DIRECTOR DATE PLANNING SERVICES APPROVEDBY: ._..--- (j-~"-r' J V~RO,"~"~P, ADMINISTRATOR D~""ATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES FEB 2 3 1999 3 AGENDA ITEM 7-G MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE: December 7, 1998 RE: PETITION NO: CU-98-25 OWNER/AGENT: Percentage of Ownership: owner: Donald Jolly 33 1/3% Darryl J. Damico 33 1/3% Brad Damico 33 1/3% 2121 C. R. 951 Naples, FL. 34116 Agent:: Beau Keene, P.E. Keene Engineering 3785 Airport Road North Suite "B" Naples, FL. 34105 REQUESTED ACTION: The applicant is requesting the approval of a conditional use for an earth mining activity on a parcel of land zoned "A" Agricultural. GEOGRAPHIC LOCATION: The subject property is located on the south side of Angela Road off Sanctuary Road approximately 1 mile north of Immokalee Road in Section 23, Township 47 South, Range 27 East, Collier County Florida. This parcel consists of approximately 9.87 acres. PURPOSE/DESCRIPTION OF PROJECT: The applicant is requesting Conditional Use "1" of the "A" Agricultural zoning distdct for an earth mining business. The petitioner is proposing to excavate the site to a depth of 20 feet. Due to the existence of residential units within close proximity of the subject site and the small area of the tract in question staff recommends that no blasting be . permitted with this excavation. The access to the site will be provided through .qlac LIYa~ which is a 2 lane unpaved road. F E B 2 3 1999 -1- FEB 8 1999 SURROUNDING LAND USE AND ZONING: Existing: -Vacant tract, zoned "A-MHO" Agricultural with Mobile Home Oveday. Surrounding: North -Single family residence, zoned "A-MHO Agricultural with Mobile Home Oveday. East - Vacant tract, zoned "A-MHO" Agricultural with Mobile Home Overlay. South- Farm land, zoned "A-MHO" Agricultural with Mobile Home Overlay. West- Mobile home, zoned "A-MHO" Agricultural with Mobile Home Oveday. GROVV'I'H MANAGEMENT PLAN CONSISTENCY: The subject property is located in the Rural Agricultural area as shown on the FLUE map of the GMP. The property is zoned "A" Rural Agricultural. This district allows for certain conditional uses which may include commercial earth mining. Therefore, this request is consistent with the FLUE of the GMP. Other applicable elements of the GMP for which a consistency review was made are as follows: Transportation Element: Ingress and egress to the site will be provided through Lilac Road. The applicant will be required to improve the access to Lilac Road from Immokalee Road by providing a deceleration lane on Immokalee Road and by paving the first 40 feet of Lilac Road. The ITE Trip Generation manual indicates that this site will generate 100 trips on a weekday. Based on this data, the site generated traffic will not exceed the significance test standard (5 percent of the level of service LOS "C" design volume) any County road. In addition, the site generated trips will not lower the LOS below the adopted LOS "D" standard for any segment within the project's radius of development influence (RDI). Therefore, this project is consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element (TCE). Conservation Element: This petition will be reviewed by the EAB on January 6, 1999. The EAB recommendation and stipulations will be presented to the CCPC at the headng. STAFF ANALYSIS - .~o~E~.,~r~. " -2- FEB 2 3 1999 PQ · ~:> ~_,_,,,,,,, The Current Planning staff has coordinated 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 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 below listed criteda are specifically noted in Section 2.7.4.4. of the Land Development Code thus requiring staff evaluation and comment, and shall be used as the basis for a recommendation for approval or denial by the 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 below, and are categodzed as either pro or con as the case may be, in the opinion of staff. Staff review of each cdtedon is followed by a summary conclusion culminating in a determination of compliance, non-compliance or compliance with mitigation. a. Consistency with this code and Growth Management Plan. PrO: The site in question is zoned "A". Earth mining is permitted as a Conditional Use in the Agricultural district. The subject property is designated Rural Agricultural on the Future Land Use of the GMP. Con: None. Summary Conclusion (Findings): The use in question is permitted within the Ru..ral Agricultural district. This district allows certain non-agricultural land uses, provided certain criteria are met. This request is deemed to be consistent with the requirements of the Growth Management Plan, irrespective of our subsequent findings based on the criteria for the approval of conditional uses. 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: The access to the site will be provided from Lilac Road which is a local road with very few improved properties along this road and only a few people using it to gain access to their properties. Con: Lilac Road is a two lane unpaved local road and there are no plans to add additional travel lanes in the near future. Summary. Conclusion (Findings): Adequate ingress and egress to the site will be provided through Lilac Road. -3- FEB g 3 1999 c. The effect the conditional use would have on neighboring properties in relation to noise, glare, economic or odor effects; Pro: 1) Neighboring properties are only partially undeveloped. This mining activity should have minimal impact on neighboring properties at the present time because existing housing in this area is sparse. 2) The effects of this conditional use will not be substantially different in the short run when compared to a permitted use in the district. Con: This activity will generate some noise and dust which may affect the neighboring properties._ Summary. Conclusion (Findings): The proposed earth mining activity will generate some noise and dust in the area. This activity is not anticipated to generate any glare or odor. A permitted use of the property in the short run could very well involve the excavation of earth material and its off-site transportation. d. Compatibility with adjacent properties and other property in the district. Pro: To the south this property is adjacent to agriculturally zoned property which is being used for a bona-field agricultural use. To the east it is adjacent to an agriculturally zoned vacant parcel. Con: To the west and north this parcel is adjacent to two parcels, each with a residential dwelling. Summary_ Conclusion (Findings): The Parcel in question is surrounded on two sides with parcels with residential uses and on the remaining sides it is adjacent to vacant properties. STAFF RECOMMENDATION: Staff recommends that the CCPC forward Petition CU-98-25 to the BCC with a recommendation for conditional approval subject to all staff stipulations. FEB 2 3 1999 PREPARED BY: ~,~-, ~::~~'~ ~ I/14/~) CHAHRAM BADAMTCHIAN, Ph.D., AICP DATE PRINCIPAL PLANNER REVIleWED BY: I c\ I ' I.l ,ctct R6N'ALb'~. ,~, MANAGER DATE C1JRRENT PLANING SERVICES J. ~ULHERE, AICP, DIRECTOR DATE PLANNING SERVICES VINCENT CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES Petition Number: CU-98-25 Staff Report for February 4, 1999 CCPC meeting. NOTE: This Petition has been advertised for the February 23, 1999 BCC meeting. COLLIER COUNTY PLANNING COMMISSION: MICH,~L J. BRUET, CHAIRMAN F E B 2 3 1999 -5- ~' E RESOLUTION 99- 3 4 5 6 A RESOLUTION PROVIDING FOR THE ESTABLISHMENT CF 7 EARTHMINING CONDITIONAL USE "I" iN THE "A" 8 ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3 OF 9 THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR 10 PROPERTY LOCATED IN SECTION 23, TOWNSHIP 47 1] SOUTH, RANGE 27 EAST, COLLIER CCUNTY, FLORIDA. 12 13 14 WHEREAS, The Legislature of the State of Flor!da in Chapter ]5 67-1246, Laws cf Florida, and Chapter 125, Florida Statutes, has I6 conferred on Collier County the power to establish, coordinate and 17 enforce zoning and such business regulations as are necessary for the I8 protection of the public; and 19 WHEREAS, The CounTy pursuant ~hereto has a~op~ed a Lan~ 20 Development Code ~Ordinance No. 91-102) which includes a 2] Comprehensive Zoning Ordinance establishing regulations for the 22 zoning of particular geographic divisions of the County, among which 23 is the granting of Conditional Uses; and 24 WHEREAS, the Collier County Planning Commission, being the duly 25 appointed and constituted planning board for the area hereby 26 affected, has held a public hearing after notice as in said 27 regulations made and provided, and has considered the advisability cf 28 Condi~ionai Use "1" of Section 2.2.2.3 in an "A" Zone for earthmining 29 cn the property hereinafter described, and has founO as a matter cf 30 fact (Exhibit "A") that satisfactory provision and arrangement have 3! been made concerning all applicable matters required by said 32 regulations and in accordance with Subsection 2.7.4.4 of the Land 33 Development Code for the Collier County Planning Commission; and 34 WHEREAS, all interested parties have. been given opportunity to 35 be heard by this Board in a public meeting assembled and the Board 36 having considered all matters presented. 37 NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of 38 Collier County, Florida that: F E B 2 3 1999 -1- The pen~tzon filed by Beau Keene, F.E., sf Keene Engineering ~epresennLng Darryl j. Damicc, Braoiey 2amicc and jolly Trucking, 3 inc., wlth respect no the prcper~y hereinafter described as: 4 5 Exhibit "B" which is attached herend and incorporated by 6 reference hereLL 7 be and the same zs hereby approveC for Conoit!onai Use "I" of Section 8 2.2.2.3 cf the "A" Zoning District for earthmining in accordance with 9 Eke Conceptual Master Plan (Exhibit "C") and suDject to the 10 following conditions: ]1 12 Exhibit "D" which is attached hereto and incorporated by ]3 reference herein. 14 BE IT FURTHER RESOLVED that this Resolution be recorded in the ]5 m!nunes cf this BoarO. 16 This Resolution adopted after motion, second and majority vote. ]7 Done nnis day of , 1999. 19 20 BOARD OF ZONING APPEALS 21 COLLIER COUNTY, FLORIDA 22 23 BY: 24 -~ Chairman 25 26 ATTEST: 27 DWIGHT E. BROCK, Clerk 28 29 30 3] Approved as to Form an~ 32 Legal Sufficiency: 34 Marjorie M. Student 35 Assis'rant County Attorney 36 f/CU-98-25 RESOLUTION 37 38 - 2- F::_ :/999] FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-98-25 The following facts are found: !. Section 2.2.2.3.1 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: YesX''~ 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: Adequateyes~ss & egress No C. Affects neighboring properties in relation to noise, re, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the dis ict: Compatible use%[in district Yes No Based on the above findings, this conditional use should, with stipulat' (~atta hed) (should not) be recommended for approval l°ns~ ~ ? ~~.~~ DATE: CHA~' EXHIBIT "A" g/CU-98-25 FI~ING OF FACT C~I~/ F E B 2 3 1999 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-98-25 The following facts are found: i. Section 2.2.2.3.1 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 ~n: 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, 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, ~cpy attachc~d) ~shcu!d nct) be recommend~ for approval g/CU-98-25 FINDING OF FACT MEMBER/ FEB Z 8 1999 Pa./J - FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-98-25 The following facts are found: !. Section 2.2.2.3.1 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 & Yes ~re~ C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or ~ Affect mitigated Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use whthin district Yes _~__ No Based on the above findings, this conditional use should, with approval / DATE:~J_~~ 9/CU-98-25 FINDING OF FACT MEMBER/ F E B 2 8 1999 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-98-25 The following facts are found: !. Section 2.2.2.3.1 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 L~/ 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 &Jre~ 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: Based on the above findings, '~[itional use should, with g/CU-98-25 FINDING OF FACT MEMBER/ F E 8 g 3 999 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-98-25 The following facts are found: 1. Section 2.2.2.3.1 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 & egress Yes ~/ No C. Affects~neighboring properties in relation to noise, glare economic or odor effects: ~Neo affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use w~2rin district Yes / No Based on the above findings, t ' ditional use should, with stipulations, (copy attached)~not) be recommended for approval Y / MEMBER: _ ~ g/CU-98-25 FINDING OF FACT MEMBER/ FEB 2 3 1999 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-98-25 The fc!lowing facts are found: !. Section 2.2.2.3.1 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: ~ C. Affects nei~hborin~ properties in relation ~o noise, ~lare, economic or odor effects: No affec~ or Affect mitigated by Affec~ canno~ be mitigated D. Compatibility with adjacent properties and other proper~F in the district: Yes Based on the above findings, ~his conditional use should, ~ s~, (c~py a~tached) (should not) be recommended for approval ~~~ DATE: ~/~/~ MEMB ~ v' ~ g/CU-98-25 FINDING OF FACT MEMBER/ FEB 2 3 1999 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-98-25 The following facts are found: !.Section 2.2.2.3.1 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 Pla~: Yes L/ 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 & 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 w~thin district Yes t/ No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be r~commended for approval t g/CU-~8-25 FI~ING OF FACT ME~ER/ F E B 2 3 1999 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-98-25 The following facts are found: 1. Section 2.2.2.3.1 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 th~n..nd 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 & ~re~s° Yes c. Affec neighboring properties in relation to noise, gla , economic or odor effects: o affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the distr' t: Compatibly%sus~hNin district Based on the above findings, this conditional use should, with stipulations, (copy attached) (j~~c e reco ded for MEMBER: /', / g/CU-98-25 FINDING OF FACT MEMBER/ F E B 2 3 1999 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-98-25 The following facts are found: I. Section 2.2.2.3.1 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public Znterest 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 & e~NN~ Yes c · Affects eighboring properties in relation to noise, glare 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 ~hin district Yes ~' No Based on the above findings, this conditional use shoul with stipulations, (copy attached)_~ be r.eco!~ for i~//Y~ MEMBER ' ~'~"------ · g/CU-98-25 FINDING OF FACT MEMBER/ F E B 2 3 1999 LEGAL DESCRIPTION East ½ of the NW ¼ of the SE ¼ of the NE ¼ + East ½ of the SW ¼ of the NE ¼ of the NE ¼ of Section 23, Township 47 South, Range 27 East, collier County, Florida. Exhibit "B" .~GE~ ,~ F E B 2 3 199J . i 1111 li I I ~'~ ''1 ~-- :-:..'=_"-""~;""""""E,-_-T-' - ,o.,, ..c=.. '"" -':"~i.i=''''''''':'' ZZ'_' F rr..U':a 3 1999 ~'~= ~ ;""' ]' i '; " :-:- iii - "':' p,.,. __ CONDITIONS OF APPROVAL This approval is conditioned upon the following stipulations requested by the Collier County Planning Commission in their public hearing on February 4, 1999. Planning ServiCes; a. The Current Planning Manager, may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by the conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as pad of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Review and approval, of the Collier County Land Development Code, Ordinance (91-102). b. The only access to the site shall be from Lilac Lane. c. The applicant shall provide an eastbound left turn lane on Immokalee Road at the intersection with Lilac Lane prior to any excavation activity on the site. d. When deemed necessary by the Collier County Transportation Department, the applicant shall provide a westbound right turn on Immokalee Road at the intersection with Lilac Lane. e. Lilac Lane at Immokalee intersection shall be paved within the Immokalee Road R.O.W.. Radius returns of 50 feet and proper drainage and culvert(s) shall be included with this work. f. Lilac Lane shall be maintained as a dust-free surface for the duration of the mining operations. g. The payment of road impact fees for this development shall be based upon an individual site specific calculation of impact fee due to the nature and use of the subject site. The Transportation Services Department shall determine the amount of this fee. h. The petitioner shall remove all exotic vegetation on site as listed in the LDC 3.9.6.4.1. pdor to any excavation activities on site. Subsequent annual exotic removal (in perpetuity) shall be the responsibility of the property owner. EXHIBIT "D" .tGE-~P/'~~'" FFR 2, 3 1999 -1-