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Agenda 10/12/1999 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, October 12, 1999 9:00 a.m. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY ADMINISTRATOR PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY ADMINISTRATOR AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND 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. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, .(941) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. 1 October 12, 1999 LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION - Reverend Maryann Dorner, Church of the Resurrection 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDAS A. APPROVAL OF CONSENT AGENDA. B. APPROVAL OF SUMMARY AGENDA. C. APPROVAL OF REGULAR AGENDA. 4. APPROVAL OF MINUTES 1) 2) 3) 4) 5) 6) 7) September 7, 1999 - September 9, 1999 - September 9, 1999 - BCC Budget Meeting Pelican Bay Budget Meeting BCC Townhall Meeting September 14, 1999 - BCC Regular Meeting September 15, 1999 - BCC Workshop Meeting September 20, 1999 - BCC Emergency Meeting September 22, 1999 - BCC Budget Meeting PROCLAMATIONS AND SERVICE AWARDS A. PROCLAMATIONS 2 October 12, 1999 1) Proclamation proclaiming week of October 11-17, 1999 as Family Community Education Week. To be accepted by Ms. Doris Wolf, President, Family and Community Educator 2) Proclamation recognizing the Summer Food Service Grant Program. To be accepted by Mr. Jim Thomas, Athletics Supervisor, Department of Parks and Recreation, Collier County and Ms. Cheryl Thomas, Area Supervisor, Department of Food Services, Collier County School Board 3) Proclamation proclaiming month of October 1999 as Vision Awareness Month. To be accepted by Ms. Jane E. DiPaola, Rehab Counselor, Division of Blind Services, Department of Labor & Employment Security. SERVICE AWARDS PRESENTATIONS 1) Recommendation to recognize Ross Gochenaur, Planner II, Planning Services Department, as Employee of the Month for October 1999. 6. APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. 7. PUBLIC PETITIONS A. Request for Public Petition-3r" Annual Naples Jaycees July 4* Festival ge COUNTY ADMINISTRATOR'S REPORT A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) First amendment to the 2000 Tourism Agreement between Collier County and the Tourism Alliance of Collier County regarding advertising and promotion. 3 October 12, 1999 2) Request by George E. Fogg of the Collier County Police Activity League for a waiver of a temporary use permit fee for a special event. B. PUBLIC WORKS 1) THIS ITEM IS CONTINUED FROM SEPTEMBER 28, 1999 MEETING. Approve a Change Order to the Professional Services Agreement for Traffic Engineering Consultant Services in the amount of $15,165 for implementation of coordinated signal timing plans for Airport-Pulling Road and Pine Ridge Road. C. PUBLIC SERVICES 1) Approve a revised Neighborhood Park Policy. 2) A notification of public hearings regarding the management plans for the Delnor-Wiggins Pass State Recreation area and the Fakahatchee Strand .State Preserve. D. SUPPORT SERVICES E. COUNTY ADMINISTRATOR 1) Discussion relating to expansion of Mosquito Control District. 2) Discussion of "Halloween Hours". 3) County Administrator Evaluation Form. F. AIRPORT AUTHORITY G. EMERGENCY SERVICES 4 October 12, 1999 9. COUNTY ATTORNEY'S REPORT Ao Recommendation that the Board of County Commissioners approve a settlement ofKlingerman v. Collier County, Case No. 98-492-CIV-FTM-23D, pending in the United States District Court for the Middle District of Florida, pursuant to which (1) each party will bear its own costs; (2) mutual releases will be exchanged; and (3) the case will be dismissed with prejudice. 10. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Golden Gate Estates Land Trust Committee. B. Appointment of members to the Historical/Archaeological Preservation Board. C. Appointment of member to the Housing Finance Authority. D. Appointment of member to the Black Affairs Advisory Board. E. Presentation by CBIA relating to Community Transportation. 11. OTHER ITEMS A. OTHER CONSTITUTIONAL OFFICERS B. PUBLIC COMMENT ON GENERAL TOPICS 5 October 12, 1999 PUBLIC HEAR'NGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS 12. ADVERTISED PUBLIC HEARINGS - BCC A. COMPREHENSIVE PLAN AMENDMENTS B. ZONING AMENDMENTS Petition R-99-1, Geoffrey G. Purse of Purse and Associates, Inc., representing Sunset Harbor Club, requesting a rezone from C-4 to RMF-12 (8) for property known as Sunset Cay, located approximately 695 feet south of U.S. 41 East on Newport Drive at Port of the Islands Phase One, in Section 9, Township 52 South, Range 28 East, Collier County, Florida, consisting of 6.85 +/- acres. C. OTHER 13. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS 1) ~ THIS ITEM WAS CONTINUED FROM THE SEPTEMBER 28, 1999 MEETING. CU-99-18, Blair A. Foley, P.E., of Coastal Engineering Consultants, Inc., representing Robert Keenan, requesting Conditional Use "24" of the "A" zoning district for a dog kennel on less than 20 acres of land, in Section 36, Township 48 South, Range 26 East, Collier County, Florida, consisting of 1.3 +/- acres. Petition CU-99-17, Donald Wayne Arnold representing Mr. Christopher P. Johnson of the Grand Land Initiative, LLC, requesting conditional use "17" of the Agriculture zoning district to allow for a golf course and related facilities for property located on the southeast corner of the intersection of lmmokalee Road (CR-846) and Woodcrest Drive, in Sections 25 and 36, Township 48 South, Range 26 East, Collier County, Florida. B. OTHER 6 October 12, 1999 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) Request to approve for recording the final plat of "Indigo Lakes", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. 2) Request to approve for recording the final plat of "Home Depot Naples." 3) Request to approve for recording the final plat of "Laurel Lakes, Phase One", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. 7 October 12, 1999 4) Request to approve for recording the final plat of "Glen Lake Estates", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the perform ~.nce security. s) Request to approve for recording the final plat of "Forest Park", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the security. 6) C-99-7, Lit Droguett, of Sterling & Reid Bros. 3 Ring Circus, requesting a permit to conduct a circus at the Collier County Fair Grounds located on the east side of Immokalee Road (C.R. 846) on October 25 and October 26, 1999. B. PUBLIC WORKS 1) Approve an Amendment to an Agreement between the South Florida Water Management District (SFWMD) and Collier County. 2) Recommendation that the Board of County Commissioners approve the staff selection of firms and authorize staff to negotiate Agreements with firms for the Fixed Term Construction Engineering Inspection Services (RFP 99-2960). 3) Approve Amendment No. 5 to the Professional Services Agreement with Coastal Engineering Consultants, Inc. to provide professional engineering and surveying services necessary in performance of annual monitoring requirements for the Marco Island Beach Renourishment Project. 4) Approve Work Order #TS-WM-0001 for Wilson Miller, Inc. for the Radio Road MSTU landscaping. s) Approve the sole source purchase of computer software for the North County Water Reclamation Facility Computer Control System. 6) Approve a Budget Amendment to provide for mandatory collection service payments for Service Area One. 7) Recommendation to approve payment to Southern Waste Services. 8) This item has been moved to 8B1. 9) Approve a Budget Amendment to purchase an Odor Control Fan System for Naples Landfill. C. PUBLIC SERVICES 8 October 12, 1999 D. SUPPORT SERVICES 1) Recommendation to Award Annual Bid #99-2989, 1~, agged Ice for Fiscal Year 1999-2000. 2) Approval of a Budget Amendment to Sub-Meter the Chilled Water Plant and Irrigation System at the Main Government Complex. 3) Approve a Declaration of Easement on County Railway Terminal Property E. COUNTY ADMINISTRATOR F. BOARD OF COUNTY COMMISSIONERS G. EMERGENCY SERVICES H. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous Correspondence I. OTHER CONSTITUTIONAL OFFICERS 1) Recommendation to the Board of County Commissioners to accept the COPS In Schools Grant Award 1999SHWX0314. 2) Recommendation to the Board of County Commissioners to accept the COPS Universal Hiring Supplemental Grant Award 95CCWX0265. COUNTY ATTORNEY AIRPORT AUTHORITY 1) CONTINUED FROM MEETING OF SEPTEMBER 28, 1999. To delimit the footprint of the Marco Island Executive Airport consistent with the Airport Master Plan. 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL - OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER 9 October 12, 1999 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; Ai~;D 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. Petition PUD-88-6(2), Karen K. Bishop of Project Management Services Inc., of Naples, representing Ronto Golf Estates, Inc., requesting an amendment to the Forest Glen of Naples PUD for the purposes of increasing the total number of dwelling units from 790 to 799 units; revising Section 1.3 of the PUD document to reflect the current property owner and revising the Master Plan to indicate the location of a fire station for property located at the southeast corner of Davis Boulevard and C.R. 951, in Section 2, Township 50 South, Range 26 East, Collier County, Florida. B. THIS ITEM WAS CONTINUED FROM THE SEPTEMBER 28, 1999 MEETING AND IS FURTHER CONTINUED TO THE OCTOBER 26, 1999 BCC MEETING. Petition No. PUD-98-13, R. Bruce Anderson of Young, van Assenderp, Varnadoe & Anderson, P.A., representing Collier Development Corporation, requesting a rezone for lands zoned "A" Rural Agriculture and "PUD" Planned Unit Development to "PUD" for a new 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 111th Avenue and south of the Cocohatchee River, in Section 21, Township 48 South, Range 25 East, Collier County, Florida consisting of 267.44 +/- acres. Petition PUD-99-11, Mr. Donald Wayne Arnold and Mr. Kim Patrick Kobza, representing the Yanderbilt Trust-1989, requesting a rezone from "A" Rural Agriculture to "PUD" Planned Unit Development to be known as "The Vanderbilt Trust 1989 PUD for property located on the north side of Vanderbilt Beach Road (CR-862) and approximately one mile east of Airport-Pulling Road (CR-31) in Section 31, Township 48 South, Range 26 East, Collier County, Florida. This item has been moved to 16A6. Petition VAC 99-002 to vacate a portion of the 15' wide and a portion of the 30' wide drainage and utility easements on lots 6 and the north ½ of Lot 7, according to the plat of "Southwind Estates", as recorded in Plat Book 11, Pages 16 through 17, Public Records of Collier County, Florida, located in.Section 26, Township 48 South, Range 25 East, and to accept a 10' wide and a 15' wide drainage and utility easement as a replacement easement. PETITION VAC 99-003 to disclaim, renounce and vacate the County's and the public's interest in the east 565.38 feet of the 84' wide road right of way shown as "Falling Waters Boulevard, Tract D" on the plat of "Falling Waters Replat" as 10 October 12, 1999 recorded in the Plat Book 19, Page 7, Public Records of Collier County, Florida and being located in Section 8, Township 50 South, Range 26 East and to accept a 15' wide utility easement. PETITION VAC 99-011 to disclaim, renounce and vacate the County's and the Public's interest in road right of way, being a portion of Turner Place, according to the plat of "Collier's Reserve", as recorded in Plat Book 20, pages 59 through 87, Public Records of Collier County, Florida, located in Section 22, Township 48 South, Range 25 East. H. THIS ITEM WAS CONTINUED FROM THE SEPTEMBER 24, 1999 MEETING AND IS FURTHER CONTINUED TO THE OCTOBER 26, 1999 MEETING. Petition PUD-98-20, William L. Hoover, AICP, of Hoover Planning, representing Gulf Sun Corporation, requesting a rezone from "A" Agricultural to "PUD" Planned Unit Development to be known as Whippoorwill Lakes PUD for a mixed use residential development not to exceed 628 dwelling units located ¼ mile south of Pine Ridge Road (C.R. 896), north of Night Hawk Drive between Whippoorwill Lane and 1-75, in Section 18, Township 49 South, Range 26 East, Collier County, Florida, consisting of 76.85+ acres. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY ADMINISTRATOR'S OFFICE AT 774-8383. I1 October 12, 1999 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING October 12. !999 ADD ITEM 8 IA)~: Commercial Excavation Permit No. 69.691 "Forest Park (Heron Lakes)'. (Commissioner COnBtantine Request). ADD ITEM 8 (E)4: Discussion of Twelfth Annual Telephone Survey conducted by Fraser and Mohll(a Associates, Inc. (itlff'e Request) ~DD ITEM 9 (B); Resolution ordering and om#lng for the election of members to ~110 Board of Supervisors of the Lely Community Development District by qualified electors, to be held by paper ballot on November t6, 1999 lis est forth in SecUon 190.00e, Florida Statutes, aa ilmended. (Attorney's Request) A~DD ITEM 16 IA)7: Request to approve for recording the final plat of "Wildcat Cove Three" and approval of Ihs Standard Form Construction and Maintenance Agreement end approval of the amount of the performance security. (Petitioner's Request) ADD ITEM 16 (Al 8; Request to approve for recording the final plat of 'Muirfleld at the Marsh" and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. (Commissioner Norris' Request) A~DD ITEM t8 (I)3: A=cept a Civil Traffic Infraction Hearing Officer Grant-lnoAid of $t2,094.09 from the Office of the State Court Administrator and authorize Chairwoman to sign the agreement. (Staff's Request) TO BE CONTINUED INDEFINITELY ITEM t8 (K) 1; To delimit the footprint of the Mirco Island Executive Airport consistent with the Airport Master Plan. (Airport Authority Sliff's Request) NOTE: ITEM 8 lEI. t HAS TIME CERTAIN 8ET FOR 9:30 A.M. PR 0 CLAMA TION WHEREAS, Family and Community Ed. cator vobtnteers are an integral part of Collier County Government and tbe University of Florida Extension Service; and, WHEREAS, during tbe past ~ years, tbs FCE organization bas donated in excess of 12,000 bouts to tbe Extension Service and tbs community; and, WHEREAS, the Collier Co.nty FCE program supports the family as the core of society; and, WHEREAS, tbs well-being of tbs family is dependent upon tbs development ora solid vahee system; and, WHEREAS, Collier Connty Family and Community Educators and tbeir National Organization join voices in promoting a special week ~itb tbs campaign slogan, "MAKE A DATE WITH YOUR FAMILY"; and, WHEREAS, Family and comm.nity Educators express tbs bops tbat tbs DA TES indi~idu#ls bays witb tbeir families will fogtbr communication, love and nnderstanding ~itbin each familj and tbm strengthen their communities. NOW THEREFORE, be i't proclaimed bi tbs Board of Co,they Comnrim'oners of Collier County, Florida, tbat we steppon tbs 'efforts o] tbe~e volunteers of tbe University of Florida Extension Service and tbat tbe ~e~k:Of October 11-17, 1999, be designated as' .. "FAMILY COMMUNITY EDUCATION WEEK" in Collier County and serge all Collier County citizens to "MAKE A DATE WITH YOUR FAMILY DONE AND ORDERED THIS 12tb Day of October, 1999. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: PAMELA S. MAC'KIE, CHAIRWOMAN DWIGHT E. BROCK, CLERK OCT 1 2 p..R OCLAMA TION WHEREAS, for the past fifteen years, Collier County Board of County Commissioners, Department of Parks and Recreation bas participated in a Summer Food Service Grant Program; and, WHEREAS, the Summer Food Service Program bas been a cooperative effort between the Department of Parks and Recreation and the Collier County School Board; and, WHEREAS, in 1998, the Summer Food Service Grant Program provided 127,768free breakfasts, snacks and lunches to the disadvantaged youth of our community through a $214,025 grant from the State of Florida; and, WHEREAS, in July 1999, Collier County Summer Food Service Grant Program received a Certificate of Appreciation for the 1998 Summer Program from the United States Department of Agriculture; and, WHEREAS, this award recognized the Collier County Department of Parks and Recreation's Summer Food Service Grant Program and the Collier County School Board as the Regio~l $#nsbi~ ;4ward Winner for the seven state Southeast Region, in the category of speeial Populations, for increases in number of breakfasts served tO needy you~ th; WHEREAS, Jim Tbomas, Atbletics Supervisor, Collier CoUnty Board ofC°unty Commissioners Department of Parks and Recreation and Cberyl Thomas, Area Supervisor, Collier CoUnty School Bodrd Departm~t of Food Services bare been instrumental in tbe operation of the program, NOW THEREFOR~ be ~t proclaimed by the, Board bf County COmmtmoners of Collier County, Florida, that the summer FOod Seroice Gf;ffi;t PrOgram be recognized by the Board of Cbunty Commissioners'and the United States Department of Agn'eulture £o~ ~the quality flits p[~m and as the Regional Sunsbine Award Winner. ~ - ¢' ~ ' COLLIER COLINTY, FLORIDA ATTEST: PAMELA S. MAC'KIE, CHAIRWOMAN DWIGHT E. BROCK, CLERK AGENDA Pg. ! , PR 0 CL,4 M,4 TION WHEREAS, understanding the effects of vision loss is essential; and, WHEREAS, obtaining knowledge about current laws, rights, skills, and abilities of persons with visual loss or who are blind will enable this population to have equal access to services, businesses, and activities benefiting them and the entire community; and, WHEREAS, as the public learns more about the Americans with Disabilities Act, greater opportunities will become available to persons who are blind or visually impaired; and, WHEREAS, ail resideuts are encouraged t~ ~e~i{'~n d learn information about the abilities of persons who are bli~d °r V~s;a/lY~i~p;ire'd; ,o learn the most effective ways to provide assistatlce aDd'to inC"r~;e*;tlfel; =IrOn'ledge about the rights and laws that provlde asststance tO this populatiol tn fttl!y Integrating them into all aspects of society. ~- ~. ~ ~ NOW THEREFORE, be it proclaimed by the ~f Collier County, Florida, that the month of Oktober 1999, bt designated as ISlON A' AREN SS MONTH DONE AND ORDERED rms 12th Oaf°f-~:-- ¢--oet~be;;~lg~< BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: PAMELA S. MA C'KIE, CHAIRWOMAN Dtl?GHT E. BROCK, CLERK EXECUTIVE SUMMARY RECOMMENDATION TO RECOGNIZE ROSS GOCHENAUR, PLANNER II, PLANNING SERVICES DEPARTMENT, AS EMPLOYEE OF THE MONTH FOR OCTOBER 1999. OBJECTIVE: The "Employee of the Month" Program is designed to recognize exceptional performance plus uniquely identifiable contributions which produce significant results for the County. CONSIDERATIONS: Ross has been employed by Collier County for the past five years, the past three years in the Planning Services Department. Ross has taken great initiative in improving the customer service function at the front counter in the Development Services Center. This is a very busy area, which at times can be very stressful. Ross has a calm demeanor and excellent customer service skills. He has helped to develop handy easy to use written sources of information on many issues of interest or concern to the public. Ross has taken the responsibility to train other Planning Technicians and Customer Service agents, resulting in more consistent and better customer service. As a result of Ross' hard work, front counter customer service complaints have dropped drastically. Over the past three years, management has received many verbal and written compliments on Ross' willingness to solve problems for citizens. It is this willingness, to not only identify problems, but to offer solutions and be an integral part of implementing those solutions, that makes Ross such a valuable employee and has earned him the award as October's Employee of the Month. FISCAL IMPACT: "Employee of the Month" selectees receive a $50.00 cash award. Funds for this award are available in the Department Budget Cost Center. RECOMMENDATION: That Ross Gochenaur, Planner II, Planning Services Department, be recognized as the "Employee of the Month" for October 1999. Mary-J~B~b~k Administr~ive Secretary Michael A. McNees, Assistant County Administrator Staff Liaison to the Employee Advisory Committee AGENDA ITEM EXECUTIVE SUMMARY FIRST AMENDMENT TO THE 2000 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE TOURISM ALLIANCE OF COLLIER COUNTY REGARDING ADVERTISING AND PROMOTION. OBJECTIVE: To have the Board of County Commissioners accept the first amendment to the 2000 Tourism Development agreement between Collier County and the Tourism Alliance of Collier County. CONSIDERATIONS: On 8/30/99, the Tourism Development Council recommended that the Tourism Alliance amend their 2000 agreement to include the Collier County Film Office activities for FY2000. The Tourism Alliance agreement will be amended from $1,350,000.00 to $1,418,000.00 which will include the $68,800 for the Collier County Film Office. FISCAL IMPACT: The $1,350,00 contract with the Tourism Alliance was included in the FY2000 budget. The $68,800 required for the Collier County Film Office is available from Tourist Development Fund (194) Reserves. GROWTH MANAGEMENT IMPACT: None RECOMMENDATIONS: That the Board of County Commissioners accept the first amendment to the 2000 Tourism Development agreement between Collier County and the Tourism Alliance of Collier County, approve the associated budget amendment and authorize the Chairwoman to sign the agreement. PREPARED ----J~ne E. J~ic~hhom, TDC Coordinator Housin~d Urban Improvement REVIEWED BY: Date ~Greg Mih~mic,"'Director H~ousi7 Urban Improvement ¥~ndcm ~. Cautcro, AI_ P. Administrator Community Development & Environmental Services Date Date OOT 1 2 1999 FIRST AMENDMENT TO 1999 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE TOURISM ALLIANCE OF COLLIER COUNTY REGARDING ADVERTISING AND PROMOTION THIS FIRST AMENDMENT TO AGREEMENT, is made and entered into this day of ., 1999, by and between the Tourism Alliance of Collier County, composed of Visit Naples, Inc. and the Marco Island Chamber of Commerce, Inc. on behalf of the Marc~ Island and Everglades Convention and Visitors Bureau, hereinafter collectively referred to as "G1LANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY." RECITALS WHEREAS, the COUNTY and the GRANTEE entered into a 1999 Tourism Agreement dated June 22, 1999 (the "Agreement") in the amount of One MilliOn, Three Hundred Fifty Thousand No/100 Dollars ($1,350,000.00); and WHEREAS, GRANTEE and County desire that Grantee's budget be amended to include funding for a film office. WITNESSETH: NOW, THEREFORE, BASED ON THE MUTUAL COVENANTS HEREIN AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: 1. Section 2 to the Agreement shall be deleted in its entirety and replaced with the following language: PAYMENT: The amount to be paid under this Agreement shall be One Million, Four Hundred Eighteen Thousand No/100 Dollars ($1,418,000.00). The GRANTEE ~hhll be paid in accordance with fiscal procedures of the County for expenditures incurred for the promotion and adver~-ising expenses as described in Section 1 upon submittal of an invoice and upon verificalion that the services described in the invoice are completed or fha! goods have been received. AGE~J~ I.,~gM I NO. ~ OCT I 2 1999 pg. ~ GRANTEE shall determine that the goods m~d services have been properly provided, and shall submit invoices to the County Administrator or his designee. The County Administrator or his designee shall determine that the invoice payments are authorized and the goods or services covered by such invoice have been provided or performed in accordance with such authorization. The line item budget attached as Exhibit "A" shall constitute authorization of the expenditure described in the invoices provided that such expenditure is made in accordance with this Agreement. Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit thereof and shall be supported by copies of corresponding vendor invoices and proof of receipt of goods or performance of the services invoiced. GRANTEE shall certify in writing that all subcontractors and vendors have been paid for work and materials from previous payments received prior to receipt of any further payments. The COUNTY shall not pay GRANTEE until the Clerk of the Board of County Commissioners pre-audits payment invoices in accordance with the law. GRANTEE shall be paid for its actual cost not to exceed the total amount for various line items and up to the maximum amount budgeted pursuant to the Attached "Exhibit A". The amounts applicable to the various line items of Exhibit "A", subject to the maximum total amount, may be increased or decreased by up to ten percent (10%) at the discretion of GRANTEE. Adjustment in excess of ten percent (10%) of any line item must be authorized by the County Administrator or his designee. 2. Exhibit "A" to the Agreement shall be deleted in its entirety and replaced with Exhibit "A" attached to this First Amendment to Agreement. Except as set forth herein, all of the terms and provisions of the Agreement shall remain in full force and effect. 2 OCT 1 2 1999 IN WITNESS WHEREOF, the GRANTEE and COUNTY have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. DATED: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: PAMELA S. MAC'KIE, Chairwoman WITNESSES: Printed/'1'~~-~ (2) ~,,, Printed/Typed Name GRANTEE TOURISM ALLIANCE OF COLLIER COUNTY By: Visit Naples, Inc. Printed/'Typed Title (corporate seal) By: Marc~.d Cham. ber of Co.mmerce, Inc. By:...~:~(~~ Prin ted/Typed Name Prinlc(:Y'rypcd Title OCT 1 2 1999 Pg' 4 Approved as to form and legal sufficiency Heidi F. Ashton Assistant County Attorney h:t'hg/hfa/99TDC/1999 I ~ Amend The Tourism Alliance of CC 4 OCT 1 2 1999 pg. 5 EXHIBIT "A" TOURISM ALLLIANCE OF COLLIER COUNTY BUDGET Advertising Public Relations Travel Industry Liaison Fulfillment Administration Film Office $ 820,000 $ 240,0OO $ 35,O00 $ 180,000 $ 75,000 $ 68,OOO TOTAL $1,418,000 h:hg/hfa/99TDC/Ex. A Budget-99 Tourism Alliance of CC OCT 1 2 1999 EXECUTIVE SUMMARY REQUEST BY GEORGE E. FOGG OF THE COLLIER COUNTY POLICE ACTIVITY LEAGUE FOR A WAIVER OF A TEMPORARY USE PERMIT FEE FOR A SPECIAL EVENT. OBdECTIVE: For the Board of County Commissioners to make a determination to either waive or not waive permit fees for a temporary use permit application. The Petitioner requests a waiver of the required $75 application fee for a Temporary Use permit for a special event. Since there are no criteria for the waiving of fees, the Board of County Commissioners must evaluate each fee waiver application on a case by case basis. CONSIDERATIONS: The County's Land Development Code contains criteria for temporary uses of property, such as special events. The required application fee for such a permit is $75. The Collier County Police Activity League is holding an off-road vehicle rally on October 24, 1999, and as service organization, requests the fee waiver on the basis of a community benefit. FISCAL IMPACT: The required application fee for such a permit is $75. If the fee waiver is granted, it. will be necessary to transfer funds from the General Fund (001) Reserves to the Community Development Fund (113)'to defray the review and processing costs of the Temporary Use permit. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: Only the Collier County Board of County Commissioners may approve fee waiver applications. Since fee waivers am requested by a wide variety of individuals and organizations, for various masons, it is necessary for the Board to evaluate the conditions and reasons which underlie the fee waiver application on a case by case basis. PREPARED BY: FR SENIOR PLANNER CURRENT PLANNING R )NALD F. NIFO, AICP IJRRENT PLANNING MANAGER R,~)BERT J. I~ULHERE, AICP PLANNING SERVICES DIRECTOR ,ED BY: DATE DATE I~ATE VINCENT A. CAUTERO, AICP DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR EXECUTIVE SUMMARYfTU PERMIT FEE WAIVER 2 OCT [ ~ 1999 September 27, 1999 Board of County Commissioners Collier County Govemment Center 3301 East Tamiami Trail Naples, Flodda 34112 The Collier County Police Activity League (PAL) is sponsoring a fund-raiding event on Sunday, October 24, 1999. ~t the County's Solid Waste Disposal site. One of the conditions of use imposed by your staff is to secure a temporary use permit for this event. We are currently processing this permit and by this letter requesting a waiver of the $75.00 permit fee. Your favorable consideration of this request would be greatly appreciated. Thank you. Sincerely, oea° ., Collier County Police Activity League OCT 1 2 1999 AGE ' ' M OCT 1 2 1999 COLLIER CO CO)O~,~IT'x' DEV ~002 06/~$/99 14~48 F.~[ COLLIER COUNTY.-.-=.;.':" .... TEMPORARY USE PERMIT TU- SPECIAL EVENT [] Ten'q~xary ~ales I~i'emporary Sports, ]~.eligious, or Community Event · · ira Sign Only [] Temporary Season,si Sales: r'lChristmas Trees; [] Fireworks; [] Pumpkins Shopping Center:. Business Name: Event Address: Event Dates: This permit is effective from ~0 / ~.~ /..~ to lQ./~..~_q / ~' . Property Owner:. Address:~ Phone: Applicant; Name:C. ' ;~; Jl_ '__[.. Address:~ Phone: ~ 06/25/99 14:48 F.~T 94i6436968 003 Attach a site plan which depicts: · property bou~daries · exterrfal mac s' · access point~ ,~ parking (improved & unimproved to be used by vehicles during event) · buildin, gs !~ proposed si;:n locations SITE INFORMATION Zoning:__~A_~ Present Use: Parking: ~undev,~toped ~'develc,ped; type of business l~undeveloped; site plan indicates designated parking areas devel(>ped; site plan indicates a maximum of 10% of the pa.-king area occupied by the specia~ everA Banner or Sign: Collier County Land Development Code Section ?-6.33.6.2 allows one temporary sign or banner in conjunction w~th a temporary use permit (2 signs are allowed for pro~erties with more than I stre~t frontage). MAXIMUM SIZE = 32 square feet. WIND SIGNS ([l~clud[n~ balloons, streamers~ rotat]nu_ devices and uqofflclal flags) ARE pROHIBITED. Traffic Safety: Authorization from the Collier County Sheriff's office may be required for certain events. d ndevetoped: proposed access points am shown on the site plan evelopad; access points existing Exterior Lighting: I-I addi'Jonal lighting indicated on site plan Noise: Alcoholic ri,no ~lusic or noise proposed . . , /1_ _.. IE~mualc/noise is anticipated from ?.' ..3. ~.~~ ~' ~ _ ..A ~'alcchot)c beverag~swi# r~tb~ _sc~d or.c~_ ur~d . ._V~.~.~ E] a c~,py of 1~1e Florida .Bev~-age Com~ permit is att~ed ~ No. OCT 1 2 1999 OO4 Restrooms; [] existing facl~,ties will be available J~portabte facilttles am shown on the site plan Security Guard; ~;~ecurit3' will be provided [] securib., will not be provided Other Requir~ments: By acceptance of this pen'nit, the applicant agrees tz3 defend, hold harmless and Indemnify Collier Count/and its agents from any and all liability which may arise as a result of the issuance o'; this permit and agrees to conform with applicable provisions of the Co,liar County Land l::)eveiopment C~e. .I, , property owner or property manager of the subject property, pem~it to use the property as described heroin dur~nc, the nme period indicatec~.- I understand that C~ilier Cobnty Land Development Code Se:~c~n 2.6.33.6.2 permits a ~3ta[ of 28 days per calendar year (up to 14 consecutive days)for special even~ on this property. Properly Owner/Manac.:er Date Approval: Planner Date 'This permit does not cc~e approvals which may also be necessary under other local, stat~ and fedex'al ~eguJatJons, including, but not limited to right-of-way permit, building permit, FAA, FCC, fire dietrict, & DEP. This TU permit is issued pursuant [o information provided ~ y the applicant. TU permit fee: $75 Checks payable to ' 13oard of County Commissioners COLLIER COUN'rY COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 2800 North Homeshoe Drtv~ Naples. FL 34104 941-403-2400 3 OCT 1 2r 1999 COLLIER COUNTY PUBLIC WORKS DIVISION SOLID WASTE DEPARTMENT July 7, 1999 3301 E. TAMIAMI TR. HEALTH/COMM SERVICES BLDG. NAPLES. FL 34112 I941) 732-2508 Deputy Sarah Lanius Collier County Sheriffs Department District 7, Bldg. J 3301 E Tamiami Trail Naples, FI 34112 A CERTIFIED BLUE CHIP COMMUNITY RE: P.A.L. ATV Event Dear Ms. Lanius: This letter provides a follow up on our meeting of June 29, 1999, to discuss the possibility of the use of County land adja, cent to the Naples Landfill for a one day ATV event sometime in October or November of 1999. After discussion of the proposed plan it appears that the event may be possible provided the following issues are addressed: The event would be held on a Sunday when the landfill operation is closed. The main gate would be unlocked by a Waste Management employee at 8:00 AM and closed at 5:00 PM to assure all activity was completed dUring daylight hours. 3. The event organizers would provide a contingency plan for removing stuck or disabled vehicles from the site by the designated closing time. 4. Sheriff's Deputies would be on site to maintain security of the entire landfill site, restricting event participants to designated areas. 5. The east perimeter road would be used for access to the northeast corner of the landfill property. 6. A portion of the closed cell one and two located in the north east comer of the landfill would be available for use as a parking area. 1999 Ms. Sarah Lanius July 7, 1999 Page 2 7. The event organizers would be responsible for providing access for participants through the County fence near the northeast corner of the landfill. 8. The fence would be returned to it's original condition at the end of the day of the event. The following documents must be provided: A. A certified survey conducted to identify the boundaries of all private properties adjacent to the subject county property to be located and marked to prevent trespass by event participants. B. An approved County Temporary Use Permit. C. Letter from U.S. Fish and Wildlife stating they have no objection to the event based on a detailed explanation of the eyent that includes information regarding the addition of new trails. D. Letter from FDEP stating they have no objection to the event based on a detailed explanation of the event that includes information regarding the addition of new trails. E. Letter from SFWMD stating they have no objection to the event based on a detailed explanation of the event that includes information regarding the addition of new trails. F. Review and approval of insurance coverages by the County Risk Management Department. G. An executed County Limited Use License Agreement incorporating the survey, Temporary Use Permit, Letters of No Objection and approved insurance certificates. Please let me know if you have any questions or concerns with the above. The list is long due to the fact that the land requested to be used is undeveloped and contains several private parcels within the area owned by County that must be surveyed in order to identify their location. There are also areas of environ- mental concern within the subject area. OCT 1 2, 1999 Ms. Sarah Lanius July 7, 1999 Page No. 3 Please call me if i can be of any assistance. Sincerely, David W. Russell Solid Waste Department Director DWR:ad CC: Hans Wilson, W. Dexter Bender and Assoc., Inc. Ed Ilschner, Public Works Administrator Bob Muihere, Planning Services Director Michael Dowling, Real Property Specialist Jeff Walker, Risk Management Director Maria Ramsey, Parks and Recreation Director Steve Bigelow, Waste Management Inc., District Manager AGE ' * v~,,.T ,~ OCT 1 2 ~999 Pg. ~ .... ~ E~C~IVESUMMARY RECOMMENDATION TO APPROVE COMMERCIAL EXCAVATION PERMIT NO. 59.691, "FOREST PARK (HERON LAKES)" LOCATED IN SECTION 33, TOWNSHIP 49 SOUTH, RANGE 26 EAST: BOUNDED ON THE NORTH BY THE GOLDEN GATE CANAL (GOLDEN GATE CITY), ON THE SOUTH BY 1-75, ON THE EAST BY LAND ZONED AGRICULTURE, AND ON THE WEST BY GOLDEN GATE COMMUNI~ PARK AND BERKSHIRE LAKES PUD. OBJECTIVE: To issue an excavation permit to David L Brerman (Trustee and individually) for the project known as "Forest Park (a.k.a. Heron Lakes)" in accordance with County Ordinance No. 92-73, Division 3.5. CONSIDERATIONS: · The Petitioner proposes to excavate two lakes with a total surface area of 16.32 acres + to a depth of 16 "', :"'"' feet(+/-) below existing ground. Of the resultant 308,000 CY of fill, 100,000 CY will be hauled offsite along the entrance road shared by the Golden Gate Community Park. This project was reviewed by the BCC on 22 JUN 99. At that time, the offsite hauling along a road shared by the park was deemed a hazard. As with all construction, nearby residences in Golden Gate City and the apartments in Berkshire lakes will experience daytime noise. Approximately 41 adjacent property owners and the Collier County Parks & Rec. Dept. were notified of this proposed action. A preliminary subdivision Plat has been received by Collier County for this parcel. FISCAL IMPACT: The Community Development Fund, Development Services (113-13900) would receive in revenues broken out as follows: Application Fee $ 850.00 Permit Fee ~ 982.00 $1832.00 TOTAL FEES A security in the amount 00377,000 must be posted prior to permit issuance. Road impact f~es will be approximately $8000 to $10000 and will be confirmed at time of permit issuance.. GROWTH MANAGEMENT IMPACT: None. ' RECOMMENDATION: That the Board of County Commissioners approve the issuance of Excavation Permit No. 59.691 to David L. Brennan, Trustee and individually for the project known as "Forest Park" with the following stipulations: The excavation shall be limited to a bottom elevation of-5.50 ft. NGVD. All disturbed areas proposed for lake excavation shall be excavated to a minimum elevation of-1.50 NGVD. Off-site removal of material shall be subject to "Standard Conditions" imposed by the Transportation Services Division in document dated 1/13/98 (copy attached). In addition, the following stipulations will apply to the movement of truck traffic on Recreation Lane: a) Weekdays only; 7:00 AM to 2:30 PM b) No hauling offsite on holidays or Easter or Christmas break c) No hauling offsite during June, July, and August. d) Trucks will observe a 25mph speed limit. e) Right of Way permit will be required. f) Violation of preceding stipulations is ~ounds for cancellation of permit. Where ~oundwater is proposed to be pumped during the excavating operation, a Dewatering Permit shall be obtained from the South Florida Water Management District, and a copy provided to Project Plan Review for approval prior to the commencement of any dewatering activity on the site. No blasting will be permitted unless issued a separate permit by Collier County Project Plan Review. Conditions of the blasting Permit must be strictly adhered to. If trees are to be removed as a result of the excavating operation, a Tree Removal Permit, required by Ordinance No. 92-73, Division 3.9 shall be obtained from Collier County Project Plan Review before work shall commence. 6. The lake littoral zone shall be created and planted as indicated on the Plan of Record. A 20 ft. maintenance easement shall be provided around the perimeter of the lake and a 20 ft. access easement to it shall be provided from a public right-of-way. The easement shall be provided to Collier County, however, maintenance will be provided by Forest Park. 8. No Excavation Permit shall be issued until all impact fees have been paid. A traffic control plan, to include all signage, will be submitted to Collier county by the developer, for review and approval by the Transportation and the Parks & Recreation Departments 10. A Preconstruction Conference is required prior to the start of hauling. Prk developer shall contact the Transportation Department to coordinate a site survey Lane and the intersection with Santa Barbara Boulevard, to include a video, 2 R e~ r e-a~T6~ establish a SEP 2 8 1999 baseline for any future claims of road damage. Contact Clyde Fugate or his successor at 403- 2417 to schedule the conference 11. A 20 tt. pathway easement shall be provided by the developer to Collier County along the entire northern property line adjacent to the main Golden Gate Canal, prior to the first C.O. being issued within the community. The pathway shall be constructed by the developer, simultaneous to the development of Phase 1 infrastructure, on a direct cost only basis, which shall be reimbursed by the County. PREPARED BY:" STAN CHRZANOWSKI, P.E. SENIOR ENGINEER DATE REVIEWED BY: THO:XfAS E. KUCK, P.E. ENGINEERING REVIEW M.~NAGER DATE BOB MULHERE. AICP PLANNING SERVICES DEPARTMENT DIRECTOR DATE APPROVED BY: VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE 59.691 EX SUMMARY/H/EAB Exec Summ/SC SEP g 8 1999 I · /, , COLLIER COUNTY TRANSPORTATION SERVICES "STANDARD CONDITIONS" EXCAVATION PERMIT APPLICATIONS INVOLVING OFF-SITE REMOVAL OF MATERIAL The intent of these "Standard Conditions" are to provide excavation permit applicants a summary of conditions which may affect their projects and which should be taken into consideration during all stages of project development: Haul routes bet~'een an excavation site and an arterial road shall be private with property owner(s) approval or be a public collector road built to standards applicable to handle the resulting truck traffic. Where residential areas front collector roads, appropriate turn lanes, buffer and bikepath shall be required as minimal site improvements and if recommended for approval, shall be so with the condition that the Transportation Services Administration reserves the right to suspend or prohibit off-site removal of excavated material should such removal create a hazardous road condition or substantially deteriorate a road condition; such action by the Transportation Services Administration shall be subject to appeal before the Board of County Commissioners. Haul routes utilizing public roads shall be subject to road maintenance and road repair or an appropriate fair share by the permit'tee in accordance with Excavation Ordinance No. 91-102 as amended Div. 3.5 and Right-of-Way Ordinance No. 93-64. Off-site removal of excavated material shall be subject to Ordinance No. 92-22 (Road Impact Ordinance). A traffic and road impact analysis shall be made by the County to determine the effects that off-site removal of excavated material will have on the road system within the excavation project's zone of influence. If appropriate, road impact fees in accordance with Ordinance No. 92-22 shall be paid prior to the issuance of an excavation permit. The Transportation Services Administration reserves the right to establish emergency weight limit~ on public roadways affected by the off-site removal of excavated material; the procedure for establishment of weight limits shall be the presentation of an applicable resolution before the Board of County Commissioners. Should weight limits be instituted, the permittee shall be responsible to implement measures to assure that all heavy truck loadings leaving the permit's property conform to the applicable weight restriction. ' The Excavation Performance Guarantee shall apply to excavation operations and also the maintenance/repair of public roads in accordance with current ordinances and applicable permit stipulations. EXHIBIT "B" Page One of Two ] SEP 281999 Based on soil boring information per Ordinance No. 91-102 as amended, a blasting permit may be appropriate. Should a blasting permit application be submitted and should residential areas exist within one mile of the excavation site, the County reserves the right to deny a blasting permit based on concerns for off-site impacts from blasting at an excavation site. Should a blasting permit be considered and approved, the minimum conditions of approval in addition to conditions per Ordinance No. 91-102 as amended are as follows: Ao Structure inventory/monitoring and applicable property owner release as required by the Development Services Director. B. Security bond applicable to private property, damage acceptable to the County. COntrol of size/deptlv'number of charges per blast by the Development Services Director. Do The right of the County to suspend andJor revoke blasting permit authority should it be determined that blasting activities are creating unacceptable off-site conditions either in terms of private property damage and'or related physical effects of blasting operations. No excavation permit shall be issued until receipt of a release from the Transportation Services Administration applicable to proper mitigation of off-site impacts, meeting of applicable provisions of Ordinance No. 93-64, Ordinance No. 92-22. and Ordinance No. 9 l- 102 as amended. Reference to letter of 5/24/88 Revised 1,'13/98 Page Two of Two I SEP .8 ,999 1 ! ', EXECUTIVE SUMMARY APPROVE A CHANGE oRDER TO THE PROFESSIONAL SERVICES AGREEMENT FOR TRAFFIC ENGINEERING CONSULTANT SERVICES IN THE AMOUNT OF $15,165 FOR IMPLEMENTATION OF COORDINATED SIGNAL TIMING PLANS FOR AIRPORT-PULLING ROAD AND PINE RIDGE ROAD. OBJECTIVE: To obtain approval of a change order to the Professional Services Agreement between Collier County and Kimley-Horn and Associates, Inc. (KHA), in the amount of $15,165.00. CONSIDERATIONS: On September 28, 1999, the Transportation Services Department presented this change order involving additional work performed by KHA in the development of traffic signal timing plans to improve traffic flow on Airport-Pulling Road and Pine Ridge Road. This additional work in the amount of $15,165.00 was performed in conjunction with an original Work Order TE- 98-KH-03 issued for work totaling $24,850.00. The Board of County Commissioners continued this change order request pending staff's investigation to determine if the additional cost attributed to equipment problems could be made the responsibility of the equipment manufacturer or supplier. The majority of additional work performed by KHA involved delays and lost productive work hours caused by equipment problems ranging from loop detector failures, difficulty in downloading data into the control equipment because of internal logic conflicts, and other miscellaneous hardware problems. KHA staff would arrive to perform work and spend many hours with county staff trouble shooting these equipment problems before they could perform their assigned work. The items of traffic control equipment involved in these problems were at least five to ten years old and no longer had any guarantee or warranty protection. Staff has determined that none of the additional cost can be made the responsibility of equipment manufacturers or suppliers. In addition, KHA, in conjunction with county staff, determined that traffic maintenance personnel were not knowledgeable concerning the time-based coordination features of this equipment. This fact was not known at the time of original KHA contract negotiations and execution. To ensure we could operate and maintain the more sophisticated traffic control process, county staff requested KHA to provide operation and maintenance instruction to these key traffic signal maintenance personnel. KHA has submitted a revised Scope of Services and an invoice in the amount of $15,165.00 for this unanticipated additional work. When added to the approved Work Order, the total project costs exceed the work order limit set forth in the original contract agreement. Therefore, Board approval is required for payment of the necessary additional work. FISCAL IMPACT: Funds are available in the project account of the Road Construction Gas Tax Fund (313). GROWTH MANAGEMENT IMPACT: None OCT 1 2 1999 Pc. t RECOMMENDATION: That the Board approve Change Order #1 to Work Order #TE-98-KH-03 for the unanticipated additional work performed by KHA. Dale A. Bathon, P.E., Traffic Operations Manager E~. _P.E., T:,,ansportation Services Director APPROVED B~~ Ed Ilschfier, Pubhc Works Adm]mstrator DATE: DATE: Attachment: Change Order #1 to Work Order#TE-98-KH-03 O Cl I 2 1999 I ! CHANGE ORDER #1 to WORK ORDER #TE-98-KH-03 Agreement for Fixed Term Profesional Traffic Engineering Services Dated October 13, 1998 (Contract #98-2803) TO: Mr. Bruce E.Friedman, P.E. FROM: Kimley-Horn and Associates, Inc. 120 Tech Boulevard Tampa, FL 33619 Collier County Transportation Services Department 3301 E. Tamiami Trail, Bldg. G Naples, FL 34112 PROJECT NAME: Coordinated Signal Timing for 22 Signalized Intersections along Airport- Pulling Road and Pine Ridge Road Corridors AGREEMENT DATE: November 23, 1998 PROJECT NUMBER: 60172 Change Order Description: Additional expenses were incurred during the implementation of the signal timing plan that could not be anticipated during the preparation of the Scope of Services for this Work Order. This additional work resulted from equipment failures, equipment training sessions, phasing revisions, project meetings, and final project documentation. Original Agreement Amount Sum of Previous Change Orders Amount of this Change Order REVISED AGREEMENT AMOUNT $24,850.00 0.00 $15,165.00 $40,015.00 Original Contract Calendar Time in Days Adjusted Number of Calendar Days Due to Previous Change Orders This Change Order Adjusted Time REVISED CONTRACT TIME IN CALENDAR DA YS 90 Days 0 Days 90 Days 180 Days Original Notice to Proceed Date: Original Completion Date: Revised Completion Date: November 30, 1998 March 1, 1999 May 30, 1999 Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in said Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment to this Agreement shall constitute a full and final settlement of any and all claims arising out of or related to change set forth herein including claims for impact and delay costs. Prepared By: Dale A. Bathon, P.E., Traffic :)p,,erations Supervisor Accepted By: Bruce¢.B'. Friedman, P.E ~ ~d ^s$oc., I~.' Approved By: -~d~w~Cnt, P ~' ~rtat~:~c-se rvices Director A u t h o ri zed By: /~/'~/~//~/~/~ ~,~,' Edward J. Kant, P.~.,~r~,~ ,ortation Services Director Date: Date: Date: ¢"//~--" ,?¢ Date: EXECUTIVE SUMMARY APPROVE A REVISED NEIGHBORHOOD PARK POLICY Objective: To implement a policy for the construction and maintenance of neighborhood parks that addresses the community demand within reasonable financial constraints. Consideration: On April 13, 1999, the Board gave direction to staff to re-examine the existing policy for the creation of Neighborhood Parks. The Board previously adopted a policy on June 24,1997 wherein the local community would be responsible to fund the construction and maintenance of their own neighborhood park through private sector donations, civic association fund raisers or Municipal Service Taxing Districts. The basic premise of the policy was to utilize general funds towards parks that service larger populations such as community and regional type park operations without burdening the general tax payer population with the maintenance of a small park with limited benefit. Although neighborhood parks only service a small population, they are certainly considered a valuable part of most successful park systems. Neighborhood parks offer families and children a safe opportunity to play within walking and biking distance of the residential community. With the state of the current park system, community and regional parks are typically accessible only by car. This poses a significant disparity issue in some older neighborhood communities where there are no accessible neighborhood parks or land dedicated to community use and these residents are expected to fund their own park, while othbr existing neighborhood parks in older communities are funded by the general fund. New development communities have as a rule accounted for recreational areas through the construction of activity centers within the development. The proposed policy addresses location eligibility and basic level of service standards for construction and maintenance. This policy states that neighborhood parks will be a minimum of three acres but not more than five acres in size and the park must be within walking distance to the neighborhood while a maiority of the service population may not be within walking distance to another County maintained recreational facility. It would be further recommended that in light of the demand that the policy provide for-the construction of no more than one park per fiscal year. Communities who desire such a facility would be asked to complete a request' form that would be presented to the Parks and Recreation Advisory Board (PARAB). On a point system PARAB would select the one neighborhood park that would be recommended for construction in the up-coming fiscal year. The criteria for selection would weight the number of people and in particular children that would be within a 1.5 mile radius of the proposed facility as the greatest criteria, but would also consider the distance from other existing accessible park facilities, the quality of the property, etc. Standards for construction consist of open area, neighborhood 1: landscape to code (Xeriscape), walkways if needed, fence for safe - A(~I~NDA.ITfiM [ayg[~.na equlpment, :y concerns if needed, OCl 1 2 199g PO, picnic tables and benches, bike racks and other amenities if dictated for safety. The cost for these standards would be approximately $95,000. The purchase of land would be additional and estimated at approximately $80,000. 1. Children's Playground Equipment $25,000 2. Landscape - Xeriscape (no irrigation) 29,000 3. Land Clearing 20,000 4. Trash Cans 2,000 5. Benches 2,000 6. Fence 17,000 $95,000 Approximate land purchase $80,000 Park maintenance standards would consist of an additional crew equaling 3 every five neighborhood parks added, plus a capital start-up fee and annual costs. positions for maintenance There is a one time start-up cost of $60,000. The annual cost for maintenance personnel (crew of 3) would be $45,000. There is an annual cost of approximately $10,000 per park for maintenance. mulch, fertilizer. i.e fuel, It is further recommended that what is proposed be considered as the County "standard". Any neighborhoods that desire a higher standard of construction or maintenance would be able to obtain such through additional funding by the neighborhood either through contract with a homeowner's association or MSTU. Growth Management: Neighborhood parks are not currently defined in the Growth Management Plan. Fiscal Impact: Estimated cost for the construction of a neighborhood park would be $95,000. The estimated purchase of the land would be an additional cost and has been estimated at $80,000. Impact Fee Ordinance 88-96 allows fees to be used for the construction of neighborhood parks but does not allow for acquisition of the land. Ad Valorem Taxes or other funding sources would have to be used for land purchase. Recommendation: That the Board of County Commissioners rescind the existing Neighborhood Park Policy and approve the amended policy. A(3ENDA ITEM No. ~ Q} Pg. Murdo Smith, Recreation Manager Department of Parks and Recreation Reviewed and _~'~,/, /f // Approved by: Marla Ramsey, Directo~ ] Department of Parks anU Recreation Reviewed and ~r~ ~--~, Approved by:~ t Thom~' ~q~7. ~O~iff, Adr~-'~[~rator Public Services Division~ Date Date /z' '"- ¥'5 Date ~ Agend& I/c ekrr~ COLLIER COUNTY PARKS AND RECREATION POLICIES AND PROCEDURES MANUAL EFFECTIVE DATE: SUBJECT: CREATION OF NEIGHBORHOOD PARKS CATEGORY: PAGE NUMBER: PURPOSE: The purpose of this Policy is to create a means by which a neighborhood in Collier County may obtain a neighborhood park. This policy will establish standards for size, facilities and maintenance of neighborhood parks. POLICY: The Recreation and Open Space Element of the Collier County Growth Management Plan states that neighborhood parks shall be provided primarily by the private sector and City of Naples with the County's focus on larger type parks. 1. Location and Land Criteria: A. Definition of Neighborhood Park: 1. The park is a minimum of three acres and less than five acres in size. 2. The service area is designated for residents within the immediate vicinity of the park. 3. The park is within walking or biking distance of homes. 4. The majority of the service area is not within walking distance of any other similar County maintained recreational facility. 5. The site is not for environmental or other reasons cost prohibitive. Definition of Service Area: '1. An area that is within a 1.5 mile radius of the park location. 2. An area that is not separated by major arterial roadways or artificial / natural barriers. 2. Neighborhood Park Facility Standards Below is a list of amenities that will be included in the basic neighborhood park package as the standard. These include: F-A~end& ~t~m Fiscal Impact: Estimated cost for the construction of a neighborhood park would be $95,000. The estimated p?rchase of the land would be an additional cost and has been estimated at $80,000. Impact Fee Ordinance __ __ allows fees to be used for the construction of Neighborhood parks but does not allow for acquisition of the land. Ad Valorem Taxes or other funding sources would have to be used for land purchase. AGF.~DA'iTEM No. _~c ~ 0 C T 1 2 1999 ao Neighborhood park playground eqm2ment Landscape to code - Xeriscape Walkway, if needed Fencing, if needed for safety concerns Picnic tables and benches Other items as dictated for safety Any additional amenity requested by the service area community will have to be funded either by private donations or a locally supported Municipal Benefit and Service Taxing District. 2. Maintenance Standard - Exhibit A: Upon adoption of this policy, an additional maintenance crew of three (3) people will be added for every five neighborhood parks constructed. This crew will be added during the construction of the second park in this rotation. Park maintenance will comply with the adopted maintenance standard. 3. Steps In Creating and Implementing the Neighborhood Park Plan A. Planning Outline 1. Parks and Recreation Department must receive a request in writing from community by November 30. 2. Select the location of park. 3. Determine if the park will be built to the neighborhood park facilities defined standard or if additional amenities or maintenance will be desired. 4. Determine the estimated construction cost and operating maintenance according to above guidelines. 5. Determine cost and complete PARAB Agenda Request Form for January meeting. 6. Present proposal to Parks and Recreation Advisory Board for recommendation using established point system (Exhibit B). 7. Staff and Advisory Board recommendation presented to Board of County Commissioners as part of the annual budget process. 8. Once the Board of County Commissioners approves the projec.t, financing and construction will occur in the next budgeted fiscal year. 4. Funding Initial land acquisition shall be funded by private donations or the County general fund. 2 · Construction of facilities based on the defined standard level of service shall be funded by either impact fees o general fund dollars. · Any facilities constructed beyond the neighborhood park facilities standard shall be funded by either private donations or a Municipal Benefit and Service Taxing Unit. 3 EXHIBIT A a. Turf Care - Cut once every ten working days. Normally not aerated unless turf quality indicates a need, or in anticipation of an application of fertilizer. Re- seed or re-sod when major bare spots appear. b. Fertilizer - Apply only when turf vigor appears to be low. Low level application once per year. c. Irrigation - None d. Litter Control - Once per week. e. Pruning - As required for health or to keep appearance reasonable. With most tree and shrub species, this will not be more than once every two or three years. f. Disease and Insect Control - Required only on epidemic or serious complaint basis. Control measures may be put into effect when the health or survival of plant materials are threatened or where public's comfort is of concern. g. Lighting- None h. Surfaces - Cleaned as required. Repaired or replaced as budget allows. i. Repairs - Should be done whenever safety or functionality is in question. j. Inspections - At least once each week. k. Floral Planting - Only perennials or flowering trees/shrubs. 1. Restrooms- None m. Special Features - Minimum allowable maintenance for features present with function and safety in mind. EXHIBIT B POINT SYSTEM FOR NEIGHBORHOOD PARKS Please rank the Neighborhood Park request using the table listed below: 1. Location/Assessable by walking and biking/number of children in the area 2. Size of property 3. Input from surround neighborhood 4. Cost 5. Zoning Requirements and Permits 6. Impact on Neighborhoods Total 35 10 15 15 10 15 100 Agend~ it~ EXECUTIVE SUMMARY ~ NOTIFICATION OF PUBLIC HEARINGS REGARDING THE MANAGEMENT PLANS FOR THE DELNOR-WIGGINS PASS STATE RECREATION AREA AND THE FAKAHATCHEE STRAND STATE PRESERVE Objective: To notify the public of meetings to be conducted by the Florida Department of Environmental Protection, Division of Parks and Recreation, to discuss the Draft Management Plans for the Delnor-Wiggins Pass State Park Recreation Area and Fakahatchee Strand State Preserve. Consideration: Florida Statutes were recently amended to require that an announcement of State Park management plan public hearings be made at a meeting of the local governing body commencing in FY 98-99. As a result the State of Florida wishes to give notice to the public that the Florida Department of Environment Protection, Division of Parks and Recreation, will be conducting public workshops and meetings to present/discuss the Management Plans for the Delnor-Wiggins Pass State Park Recreation Area and the Fakahatchee Strand State Preserve. The details are as follows: DELNOR-WIGGINS PASS STATE RECREATION AREA FAKAHATCHEE STRAND STATE PRESERVE FORUM: AGENDA: DATE/TIME: LOCATION: Public Workshop Present Draft Management Plan Tuesday, November 2, 1999, 7:30 pm Veterans Community Park 1900 Immokalee Road Naples, Florida FORUM: AGENDA: DATE/TIME: LOCATION: Public Workshop Present Draft Management Plan Wednesday, November 3, 1999, 7:00 pm Comfort Inn 3860 Tollgate Boulevard Naples, Florida .)RUM: DEP Advisory Group Meeting FORUM: AGENDA: Discuss Management Plan AGENDA: DATE/TIME: Wednesday, November 3, 1999, 9:00 am DATE/TIME: LOCATION: Delnor-Wiggins Pass Recreation Area LOCATION: 11100 Gulf Shore Drive Naples, Florida DEP Advisory Group Meet~g Discuss Management Plan Thursday, November 4, 1999, 9:00 am Comfort Inn 3860 Tollgate Boulevard Naples, Florida Special accommodation for persons with disability conditions should be requested in writing at least 48 hours in advance of the meetings. Any request for special accommodations can be made by writing to the Department of Environmental Protection, Division of Recreation and Parks, District of Administration, 1843 South Tamiami Trail, Osprey, Florida 34229. Growth Management: There is no growth management impact associated with this item. Fiscal Impact: There is no fiscal impact associated with this item. Recommendation: That this Executive Summary and regularly scheduled item serve as the required announcement of the public hearings scheduled to discuss the management plans for the Delnor Wiggins Pass State Recreation Area and the Fakahatchee Strand State Preserve 1999 ! Prepared by . Marla Ramsey, Director,x ] Department of Parks and Recreation Date Approved by- \~~ Tho~[~-W.~ ~']liff~at~r Public Services Division- Date SubseCtion 259-032(10) Florida Statutes (10) State, regional, or local governmental agencies or pdvate entities designated to manage lands under this section shall develop and adopt, with the approval of the board of trustees, an individual management plan for each project designed to conserve and protect such lands and their associated natural resources. Pdvate sector involvement in management plan development may be used to expedite the planning process. Beginning fiscal year 1998-1999, individual management plans required by ls. 253.034(4) shall be developed with input from an advisory group. Members of this advisory group shall include, at a minimum, representatives of the lead land managing agency, comanaging entities, local private property owners, the appropriate soil and water conservation district, a local conservation organization, and a local elected official. The advisory group shall conduct at least one public hearing within the county in which the parcel or project is located. Notice of such public hearing shall be posted on the parcel or project designated for management, advertised in a paper of general circulation, and announced at a scheduled meeting of the local governing body before the actual ~ The management prospectus required pursuant to paragraph (9)(b) shall be available to the public for a pedod of 30 days pdor to the public headng. Once a plan is adopted, the managing agency or entity shall update the plan at least every 5 years in a form and manner prescribed by rule of the board of trustees. Such plans may include transfers of leasehold interests to appropriate conservation organizations designated by the Land Management Advisory Council for uses consistent with the purposes of the organizations and the protection, preservation, and proper management of the lands and their resources. Volunteer management assistance is encouraged, including, but not limited to, assistance by youths participating in programs sponsored by state or local agencies, by volunteers sponsored by environmental or civic organizations, and by individuals participating in programs for committed delinquents and adults. For each project for which lands are acquired after July 1, 1995, an individual management plan shall be adopted and in place no later than 1 year after the essential parcel or parcels identified in the annual Conservation and Recreation Lands report prepared pursuant to s. 259.035(2)(a) have been acquired. ~gend'& 'Item OCT 1 2 1999 PUBLIC NOTICE The Florida Department of Environmental Protection, Division of Recreation and Parks announces a public workshop to which all persons are invited. DATE AND TIME: PLACE: Tuesday, November 2, 1999, 7:30 PM (EST) Collier County Veterans Community Park 1900 Immokalee Road--North Naples Naples, Flodda 34108 PURPOSE: To present the current management plan for Delnor-Wiggins Pass State Recreation Area to the public. Special accommodations for persons with disabling conditions should be requested in wdting at least 48 hours in advance of this meeting. Any request for special accommodations can be made by writing to the Department of Environmental Protection, Division of Recreation and Parks, Distdct 4 Administration, 1843 South Tamiami Trail, Osprey, Flodda 34229. FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF RECREATION AND PARKS DELNOR-WIGGINS PASS STATE RECREATION AREA PUBLIC WORKSHOP Tuesday, November 2, 1999 7:30 PM (EST) Collier County Veterans Community Park 1900 Immokalee Road--North Naples Naples, Florida 34108 THIS MEETING IS OPEN TO THE PUBLIC AGENDA Call to Order Introduction of Staff and Remarks Presentation of Park Management Plan Summary of Discussions Adjournment ~ C T 1 2 1999 Pg -~ PUBLIC NOTICE The Florida Department of Environmental Protection, Division of Recreation and Parks announces a DEP Advisory Group Meeting to which all persons are invited. DATE AND TIME: PLACE: Wednesday, November 3, 1999, 9:00 AM (EST) Delnor-Wiggins Pass State Recreation Area 11100 Gulfshore Ddve Naples, Flodda 34108 PURPOSE: To discuss the current management plan for Delnor-Wiggins Pass State Recreation Area with the DEP Advisory Group. Special accommodations for persons with disabling conditions should be requested in wdting at least 48 hours in advance of this meeting. Any request for special accommodations can be made by wdting to the Department of Environmental Protection, Division of Recreation and Parks, Distdct 4 Administration, 1843 South Tamiami Trail, Osprey, Flodda 34229. Agenda I.t ~m. OCT 1 1999 pg. _/'~ _ FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF RECREATION AND PARKS DELNOR-WIGGINS PASS STATE RECREATION AREA DEP ADVISORY GROUP MEETING Wednesday, November 3, 1999 9:00 AM (EST) Delnor-Wiggins Pass State Recreation Area 11100 Gulfshore Drive Naples, Florida 34108 THIS MEETING IS OPEN TO THE PUBLIC AGENDA Call to Order Introduction of Staff and Remarks Discussion of Park Management Plan Summary of Discussions Adjournment OC1 1 2 1999 PUBLIC NOTICE The Florida Department of Environmental Protection, Division of Recreation and Parks announces a public workshop to which all persons are invited. DATE AND TIME: PLACE: Wednesday, November 3, 1999, 7:00 PM (EST) Comfort Inn 3860 Tollgate Boulevard Naples, Florida 34114 PURPOSE: To present the current management plan for.Fakahatchee Strand State Preserve to the public. Special accommodations for persons with disabling conditions should be requested in wdting at least 48 hours in advance of this meeting. Any request for special accommodations can be made by writing to the Department of Environmental Protection, Division of Recreation and Parks, District 4 Administration, 1843 South Tamiami Trail, Osprey, Florida 34229. FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF RECREATION AND PARKS FAKAHATCHEE STRAND STATE PRESERVE PUBLIC WORKSHOP Wednesday, November 3, 1999 7:00 PM (EST) Comfort Inn 3860 Tollgate Boulevard Naples, Florida 34114 THIS MEETING IS OPEN TO THE PUBLIC AGENDA Call to Order Introduction of Staff and Remarks Presentation of Park Management Plan Summary of Discussions Adjournment 0CT-i 2 1999 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF RECREATION AND PARKS FAKAHATCHEE STRAND STATE PRESERVE DEP ADVISORY GROUP MEETING Thursday, November 4, 1999 9:00 AM (EST) Comfort Inn 3860 Tollgate Boulevard Naples, Florida 34114 THIS MEETING IS OPEN TO THE PUBLIC AGENDA Call to Order Introduction of Staff and Remarks Discussion of Park Management Plan Summary of Discussions .Adjournment ~°--. ~C~- 0 '12 ' ! C~ ' 1999 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF RECREATION AND PARKS FAKAHATCHEE STRAND STATE PRESERVE DEP ADVISORY GROUP MEETING Thursday, November 4, 1999 9:00 AM (EST) Comfort Inn 3860 Tollgate Boulevard Naples, Florida 34114 THIS MEETING IS OPEN TO THE PUBLIC AGENDA Call to Order Introduction of Staff and Remarks Discussion of Park Management Plan Summary of Discussions Adjournment EXECUTIVE SUMMARY DISCUSSION RELATING TO THE EXPANSION OF THE MOSQUITO CONTROL DISTRICT. OBJECTIVE: That the Board of County Commissioners request that the Mosquito Control District survey residents and property owners in a designated boundary area of Golden Gate Estates to determine if the residents desire Mosquito Control. CONSIDERATION: Recently, the County Commission Office has received calls from constituents living in a wide area of the Golden Gate Estates area requesting that the Mosquito Control District be expanded further into the Estates. These calls prompted staff to meet with representatives of the CMCD to identify options available to help the constituents. Option #1 - To request that the CMCD survey the residents. Pursuant to State Statute 388.211, the Mosquito Control District initiates whether the expansion of the district is appropriate; then, if appropriate, makes a recommendation to the Board to expand the boundary. The District typically bases its recommendation on a number of factors including environmental concerns, budgetary constraints, health issues, and constituent supp0~. Since residents and property owners will be affected the most, a survey of the proposed area by the CMCD would best determine the consensus of the constituents. Option #2 - Contract with CMCD to Spray designated Areas Pursuant to State Statute 388.391, the Board has the ability to contract with the CMCD to spray a designated area outside the boundary. The cost to spray the thirty square miles outlined on the enclosed map is approximately $10,000 per treatment or $23,000 should the Board wish to spray an additional three miles out to Everglades Blvd. Although a onetime treatment may be effective for a short time, the CMCD cannot guarantee that the mosquito problem will be reduced. Therefore, the option is a fairly high risk. lfthe Board chooses this option, it is also important to note that there may be additional area representatives throughout the County requesting similar service in the immediate future. FISCAL IMPACT: Option #1 would have no fiscal impact. Option #2 to contract with the CMCD for a onetime spray would be either $10,000 or $23,000 based on the determined district area. A budget amendment would transfer funds from general fund reserves to the appropriate cost center. GROWTH MANAGEMENT: There is no impact to the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners authorize the Chairwoman to sign a letter to the Collier Mosquito Control District requesting that a survey be conducted of the area,outlined on the enclosed map, three miles east of the urban boundary in Golden Gate Estates per option #1. (J John Dunnuck, Assistant to the County Administrator Office of the County Administrator Reviewed and ~~ Approved by: . "Bob Fedmndez, Count~dministrator Office of the County Administrator Date: -- ' AG EN D.t~TEM oc Ir 1 2 1999 Pg. [ · .'rURAL. C O I 6 5 4 3 ~ & Fl RGRO~ 9 15 ,14 I I ! 22 '34 12 7 NO NAME LA CYPREG$ ST 17 1 8 LA 4 MINGO DR ~ NIKi L,~ CATAWBA 23 24 ! 19 DRA¢ 25 =:. :2 S ' 31 36 ! 20 NW AV AV AV NW NW ~V '" 1 14 13 rangetree NE NE' AV ' AV 1~ 16NE AV ~' NE 31 27 JDALL 22 14 12 75 10 5 AV NW AV NW 6 2 AV AV AV 3 AV '! ~ 22 o27 25 36 3 2 1 6 16 2 JENKINS WY < ~ 5 MARKLEY 7 CRAWFORD AV SW WASHB' SW 27 10 DE! .A DR 12 SMI RD 13 INI RD 1 15 RD SW IMO(~ 3 23 26 35 13 EX' EXECUTIVE SUMMARY ADOPTION OF ACTION PLAN EVALUATION ADMINISTRATOR. TOOL FOR COUNTY OBJECTIVE: That the Board of County Commissioners 'adopt an action plan to evaluate the performance of the County Administrator. CONSIDERATION: On September 14, 1999, the Board discussed the Commissioner's individual rating of the "Profiling Excellence" points, the tool utilized to determine the qualities the Board expects of the County Administrator. At the same time the Board discussed the next step, which is to create objectives that fit with the Board's overall rating of these characteristics. Enclosed as an attachment is an action plan that bridges the relationship between the Board's expectation of the profiling excellence points and measurable objectives which incorporate the duties and assignments outlined in the Administrator's current contract, state statute and the Board's strategic plans. These objectives address personnel management, execution of policy, budget management, supervision, leadership, relations with the Board of County Commissioners, departmental performance, and community relations. The Profiling Excellence characteristics applied to this action plan was determined by a point system~ that was assigned to the Commissioners' must, wants, not necessary_ categories of the previously determined top thirty (30) categories. Recognizing that a combination of "musts" and "wants" would offer a comprehensive assessment of the objectives, twelve (12) points and higher was chosen as the criteria to determine which characteristics wo)ald be applied to the action plan. Of the list of thirty (30), nineteen (19) the These were applied to scored twelve (1/2) points or better, objectives. GROWTH MANAGEMENT: None FISCAL IMPACT: None RECOMMENDATION: That the Board of County Commissioners adopt this action plan evaluation tool for the County Administrator. Prepared by:%,~~~," . D ate: ~-John D~unnuck, Assistant to the County Administrator ' Office of the County Administrator Reviewed and Approved by: Bob Fernandez, County Adm~nish'ator Office of the County Administrator ~ Three (3) points were given to a "must", two (2) points for a "want" and one necessary". Date: "not- 1 2 11t99 0 Z Om ~=~-. ~ ~ J , -. ..~ ~ .=3 ~.~~ "~ ~ · ~ ~ ~ .. = ~ ~ ~ ~ ~'~ ~ -.~. ~ = ~- ... ~. ~.~ INSTITUTE OF GOVERNMENT EDISON CO1M1MUNITY COLLEGE TWELFTH ANN'~JAL TELEPHONE SURVEY SUGARY OF FINDINGS Conducted from April 19 to June 18, 1999 For the Office of the County Administrator Collier County Government Center Naples, Florida 34112 Conducted by Fraser & Mohlke Associates, Inc. Naples, Florida 34106-2312 October 11, 1999 TWELFTH ANNUAL TELEPHONE SURVEY SUMMARY Page INTRODUCTION Collier County's twelfth-annual telephone survey of registered voters in County Commi~on Dis- tricts 1 through $ was conducted from April 19 through June 18, 1999. As in previous years, the purposes of the survey are multiple: 1. To discover attitudes and opinions of residents on a variety of issues likely to require eminent action during the County's 1999-2000 Fiscal Year; 2. To discover any attitude changes among the public from year-to-year concerning a variety of issues; and 3. To identify significant trends and trend changes that may indicate a need for modif~ng plans of county departments. The Board of County Commissioners has established the voter survey as a means of identify- lng the views of local citizens in respect to various issues, and to asses~ their opinions ~egarding the overall effectiveness of general-purpose county government. Constitutional officers and heads of departments who participate contribute specific survey topics dealing with the voting public's views concerning satisfaction with policies or proposed changes in county programs. Edison Community College's Institute of Government was engaged by the County Comm~ sion to oversee the annual survey. The Institute employed Fraser & Mohlke Associates, Inc. to con- duct the survey. Fraser & Mohlke Associates was responsible for questionnaire design and sampling; develop- ment of interviewer instructions; preparation of study questionnaires; coordination of interview- ers; research administration; and the tabulation and reporting of survey findings. The League of Women Voters of Collier County conducted the telephone interviews. Members of the League of Women Voters have contributed to the successful completion of the telephone survey since 1988. Without the capable assistance of the League, the survey could not have been conducted in an affordable and timely manner. The Institute and Fraser & Mohlke acknowledge the League's demonstration of interest in county-wide issues and its consistent work to discover community atti- tudes toward these issues. The twelfth-annual survey employs a structured random sample of registered voters drawn from among those voting in person at their precinct polling places during the November 3, 1998 general election and new voters registered since the close of voter registration on October 7, 1998. The Supervisor of Elections' office cooperated fully in the development of the sampling plan, pro- viding the names of 1,350 active voters who met the sample-design requirements listed above. The research objective was to complete interviews with a minimum of $0 voters from each of the five county-commission districts or a total of 250 respondents. In 1999, a total of 272 inter- views were successfully completed. Interviewed voters were cooperative and provided thoughtful responses to survey questions. TWELFTH ANNUAL TELEPHONE SURVEY OF REGISTERED VOTERS Page 2 In planning for the future needs of local residents, the Office of the County Administrator identified topics or "issues" it deemed important in determining how citizens assess the effective- ness of general-purpose government in Collier County, Fraser & Mohlke then developed a questionnaire based upon these identified topics. Ques- tioning generally took the form of a series of statements. Those interviewed were asked whether they Agreed or Disagreed with, or had No Opinion about each statement or whether they were Satisfied, Dissatisfied, or Neither Satisfied nor Dissatisfied with certain services provided by county government. RI~SIARCH METHODS In preparation for the 1999 survey, eleven (11) previous citizen surveys conducted be- tween 1988 and 1998 were evaluated and matters deemed important in assessing the effectiveness of general-purpose government in 1999 were reviewed by county-department administrators. The 1999 survey continues the basic questionnaire format first established by Fraser & Mohlke in 1989, incorporating new questiom, rewording questions as appropriate regarding cur- rent and past issues and decisions. The 1999 survey instrument includes certain key questions asked in previous years in order to evaluate trends and any significant changes in public opinion from year to year. Each respondent's relevant demographic characteristics are recorded. Demographic ques- tions are included, as in past years, in order to discover the respondent's age; tenure of residence; previous residence location; and whether the previous residence was in Collier County, elsewhere in Florida, or elsewhere in the U. S. Size of household and age of household members, employment status, type of residence, and level of formal education are the other demographic questions asked and recorded. Table I on the following page includes each zip code identifying the areas within which interviewed respon- dents reside. Tenure, the length of time those interviewed have lived at their present addre~, is em- ployed in order to discover similarities and differences between those who have moved to Collier County recently and those who have lived at their present address for a longer time. Current reported residential tenure reflects the last five years, from 1995 to 1999; findings for the precedent 20 years are reported as follows: 1990 to 1994, 1985 to 1989, and 1975 to 1984. Those reporting residency before 1975 were grouped into one category, 1930 to 1974. TWELFTH ANNUAL TELEPHONE SURVEY OF REGISTERED VOTERS Page 3 TABLE I 1999 Postal ZIP Code Of Interviewed Voters 34137, 34138, 34139, & 34141 Chokoloskee (34138) Copeland (34137) Everglades City (34139) Ochopee (34141 ) 34142 Irnmokalee 34140, 34145 & 34146 Goodland (34140) Marco Island (34145/34146) 34102, 34103 & 34106 City of Naples Highpoint Twin Lakes-Westgate 34104 & 3410S East of Goodlette-Frank Rd. to 1-75 and south of Pine Ridge Rd. to Davis Blvd. 34114, 34117 & 34120 East of C.R. 951 from northern Collier boundary to southern Collier bound~ 34112 & 34113 City of Naples - Royal Harbor East Naples South Naples 34108, 34109 & 34110 North Naples from the Gulf to 1-75 and south to Pine Ridge Rd. 34116 & 34119 Golden Cate City and Estates, from northern Collier boundary along 1-75 to SR-951 8 2O 38 3S 44 3S 57 3O hrcmt 2.94% 1.84% 7.3S% 13.97% 12.87% 16.18% 12.87% 20.95;% 11 TOTAL 272 100.00% TWELFTH ANNUAL TELEPHONE SURVEY OF REGISTERED VOTERS Page 4 ANALYSIS OF FINDINGS The past eight annual citizens surveys have demonstrated that a large number of those sur- veyed had moved to their present address during recent years. Current findings continue to demonstrate the high mobility of the interviewed voter population. In 1999, 73 persons, or 26.84 percent of all responding voters, bad moved to their present address after 1994. A total of 144, or 52.94 percent of the respondents in the voter-households in- terviewed, had moved to their present residence in the over nine years since January of 1990. Table H-A and Table II-B demonstrate the tenure at their present address and the previous residence of the 272 registered voters interviewed: T&BL£ Tentre At Address Ncrnber Of Percent of (1 930-1997) Respondents Total From 199S to 1999 7!1 26.84% From 1990 to 1994 71 26.10% From 1985 to 1989 50 18.38% From 1975 to 1984 45 16.55% From 1930 to 1974 33 ~ Total 272 100.00% Table II-B indicates the location of the 272 responding-voters' prior residence. It demon- strates that approximately one in five respondents moved from one residence in Collier County to another, and approximately one in seven moved to Collier County from elsewhere in Florida. However, the largest group of respondents, approximately two out of three, came from outside of Florida. From 1998 to 1999 those whose previous residence was outside Florida increased from 56.12 percent go 65.44 percent, an increase of 9.32 percent. In 1997, 71 percent of surveyed re- spondents came from somewhere outside Florida. TABLE II-B Previous Residence Collier County Elsewhere in Florida Elsewhere in the U.S. 20.22% 14.33% 6S.44% l!valuation Of F, xtsting Conditions ((luesttons 8&-8h,) In regard to existing conditions, voters interviewed in 1999 continue to be impressed with the overall appearance o~ local nei~hbm'hoods and shopping ~reas with 94 percent ex- pressing agreement, ranking first in the hierarchy of voter agreement. Second highest in the hierarchy, agreement that trash and garbage collection in your neighborhood is as good as can reasonably be expected is 92 percent overall Residents express high satisfaction, 90 percent, with separation and retTcUng of la'ash, the third highest in the 1999 hierarchy as it was in 1998 and 1997. TWELFTH ANNUAL TELEPHONE SURVEY OF REGISTERED VOTERS Page 5 Overall, 85 percent of 1999 respondents agree that water pressur~ in their homeswas adequate, the fourth highest in the 'existin~ conditions" hierarchy. Agreement that roads are weal mldnSained has remained statistically similar over a four year period: 81 percent in 1996, 83 percent in 1997, 82 percent in 1998, and 84 percent in 1999. Previously, general agreement remained a consistent 74 to 76 percent from 1992 to 1994, risin~to 79 percent in 1995. Agreement concerning water drainage had decreased in 1998 by four points, 69 percent in 1997 to 65 percent in 1998. In 1999, agreement rises a significant 10 percentage points to 75 percent. In 1999, agreement that traffic signalization keeps cars moving fairly well is 65 per- cent. In 1998, the agreement was a consistent 68 percent overall. The quality of drinking w&ter received from the Collier County Public Worl~ Division's Water Department or the City of Naples Utilities Department received 59 percent of voter agree- ment that water quality was satisfactory in 1997 and the same percent agreed in 1998. In 1999, agreement increases to 65 percent. Most of those expressing no opinion likely represent voters who live east of the urban boundary, have their own wells, and would not have prior experience with city or county water delivery systems. Table III-A demonstrates 1999 responses to existing-conditions questions arranged in an hi- erarchy of agreement: TABLE III-A RANK AGREE DISAGREE NA/NO 1. The overall appearance of the neighborhoods and 94.48% 4.04% 1.47% shopping areas in Collier County is generally good. 2. Trash and garbage collection in your neighborhood is as good as can reasonably by expected. 3. Separation & recycling of trash seems to be working well. 4. Water pressu'e in you' home is adequate. 5. Roads and highways are well maintained in Collier Co. 6. Generally speaking, the storm water drainage system works well near near your home. 7. When you ddve through the County, traffic signals keep the cars moving fairly well. 8. The quality of drinking water you receive from the Collier County Water Department or the City of Naples Water Department is satisfactory. 92.27% 5.14% 2.57% 89.7096 5.51% 4.77% 84.92% 9.55% 5.51% 84.190/0 13.23% 2.57% 75.000/0 19.11% 5.88% 65.44% 31.25% 3.30% 65.44% 21.32% 13.23% ,f TWEL~H ANNUAL TELEPHONE SURVEY OI: REGISTERED VOTERS Page 6 A year-to-year comparison of those responding to questiom concerning "existing condi- rios" demonstrates a continuing gradual but significant rise in satisfaction concerning the malme- nance of roads and highways in Collier County, from 65 percent in 1989, to 79 percent in 1995, to 81 percent in 1996, to 83 percent in 1997, to a statistically.similar 82 percent in 1998 and 84 per- cent in 1999. Satisfact/on with trash and ~ collect/on remains statistically siwil~r as last year. The overall appearance of neighborhoods and shopping areas rose by 1 percent to its highest level in six years. Separation and recycling of trash is also at its highest level in six years, 90 percent. Traf- fic signalization decreases by 2 percent since last year to 65 percent and is four percentage points down from its highest level in 1996, 69 percent. The quality of drinking water increases in satisfac- tion level from 59 percent in 1998 tc ,~5 percent in 1999. Satisfaction with traffic signalization and the appearance of neighborhoods and shopping areas has remained consistent in the last six years. The gradual rise in satisfaction with road and highway maintenance and the separation and recycling of trash should be noted. Table III-B com- pares 1999 findings with previous surveys. Where 'q~lA~ (not answered) is noted, the question had not been asked in that particular year. TABLE BI-B 1. The overall ~o~ce of the neighbor_hon..ds and shop- ping areas in ~olli~- County is generally good. 2. Trash ~ ge .rb~e collectim in 92.27q~ your neig~r~od is as good is 3. Separatic~ & rec)'¢lil~of Bg. TCF~ tras~ see~s to I~ worMng well. 4. Water press~e in)~r hcrne 84.92cyo is ~deqLmte. $. P.o~ds ar~cI hi~w..ays are well 84.19q~ fl'mJntaJned in ~:)lher County. 6. The storm water drainage system 75.ooqb h~sy~stmem works well near your e. 7. When you drive through the 65.44cVo County traffic signals keep the cars movingTairty well 8, The quality of drinking wate~ 65.,44~ CcxJnreCetve fro~ the Collier ty Water Department or The City of I~ples Water De~t is satisfactory. 19dj9 1~9B 1097 lgNJ~6 1~95 1994 AGREE ACREE A~..E AGIIF~ AGREE AGREE 9,1..48qE 93.28%[2] 93J1%[2] 92.43%[1] 93.85~[1] gO.OOC~[2] 94.07q011] 94.1sq(~1] N/A N/A N/A 87.74q0[3] 87.97~i)[3] 86.Slqt)[3] 86.34q4)[3] 67.24q(($ 86.16~o[4] 86.s9q~4] I,,J/A N/A IWA 81.8194~5] 82.13e~{S] 80.59e~4] 79.52q4)[4] 74.4891~4 64.82~[7] 68.72~N,~?] $7.23~D[6] 75.76~0[$] 65.51%[7] 67.98o~6] 69.07~6] 69.40q~5] 66.5 S~N)[6] 67.24~J616] 58~9q~8] S9.10~[8] N/A ~W ~ Bold indicates the highest peroentage achieved cKrlng the 6-year period 1994-1999. The consistency of findings during the six-year period described in Table III-B may provide users of these findings with confidence in the consistency of research methodology and sampling practice employed since 1989. It is noteworthy that the total of 3,055 registered voters interviewed during the ll-year pe- riod 1989-1999 is an unduplicated count. 't TWELFTH ANNUAL TELEPHONE SURVEY OF REGISTERED VOTERS Page 7 Possible Stormwater Drainage Concerns ((luestlon 8hl.) Question 8hl. asked voters if they have experienced any problem with flooding or unwant- ed water retention near their home duringthe past year. If they had, they were askedto describe the problem. Of the 272 respondents, 232 respondents, 85 percent, said they had no drainage problems. Ten residents of Marco bland mention drainage problems. The remaining 30 comments come from throughout the county. l/v~luation of Roadway Intersections (Question lOe.) The 1999 survey mrs responders to state which roadway intersections are a problem for them as they drive or ride around Gollier Gounty. Of the 272 responders, 81, or 30 percent, indi- cate that no intersection is a problem for them. Others mention more than one intersection. The 1997 and 1998 surveys indicated that the intersection of Pine Ridge and Airport roads was the most problematic. In 1999, this is again the case. An overall total of 66, or 24 percent, say that this intersection is a problem for them. As was the case last year, the second most problematic intersection is Airport Road and Golden Gate Parkway. Overall, 38, or 14 percent, say this intersection is a problem for them. The way these intersections are expressed, if one roadway is mentioned first, may indicate the road the responder travels and the intersection to be crossed. For instance, 34 indicate that the Pine Ridge/Airport Road intersection is a problem and 30 express this intersection problem as Airport Road/Pine Ridge and 2 express this intersection as Air- port/Bed, Bath & Beyond. Another 26 say that the Airport Road/Golden Gate Parkway intersec- tion is a problem; 12 express this intersection problem as Golden Gate Parkway/Airport Road. Various Pine Ridge, Airport Road, and Immokalee Road intersections are mentioned as prob- lems for many, indicating that these roads are the most driver-problematic in Gollier Gounty. I~veluation of Vehicle Use (C~uestion 9&-9b6.) When respondents were asked if the most important reason for daily travel is work-related, 87, or 32 percent agree, and 68 percent of the respondents percent disagree. If the main reason for travel is not work-related, 185 respondents provided their main reasons. Of the 185, 96 percent traveled mainly to shop and run errands. Eighty-six percent traveled for medical reasons. ~ in the hierarchy is for church attendance, 65 percent. Fourth is to visit family and friends, $$ percent, and fifth is to participate in community and neighborhood activities, 52 percent. Table V-A provides the percentages answering yes and no to these questions. RANK YES NO 1. Shopping and errands. 95.67% 4.32% 2. Medical: Doctor/Dentists/Therapists. 85.94% 14.05% 3. Church attendance. 65.40% 34.59% 4. Visit family and friends. 55.13% 44.86% 5. Participate in community and neighborhood activities. 5'1.89% 48.10% 6. Pick up or drop off others. 13.51% 86.48% NOTE: Those employed full-time are 38 percent of the resportclents, and those employed 13 percent of the 272 respondents, accordhcj to the 1999 demographi data. part-time are TWELFTH ANNUAL TELEPHONE SURVEY OF REGISTERED VOTERS Page 8 F. valuation of the Means of: 'lYavel (question lOa,-lOd.) Question 11 asked responders to state how frequently they travel from place to place in Collier County and how frequently they use various travel methods The preponderance of re- sponders use a privately-owned vehicle daily, 87 percent, statistically the same as the 88 percent finding in 1998. Another $ percent say "Weekly"; $ percent say "Occasiomay", and 3 percent say "Never". Responders indicate that 36 percent ride a bicycle daily. Eleven percent are daily pas- sengers in vehicles owned by someone else. One person hires a cab or limousine weekly; 12 per- cent hire occasionally; and 88 percent never hire a cab or limousine. Table VI below, arranged m an hierarchy, provides methods and frequency of travel using these methods. TABLE V RANK DALLY WEEKLY OCCASIM4MJ.Y NEVER 1. Drive a privately-owned car, van or truck. 87.13% 4.77% 4.77% 3.30% 2. Walk or ride a bicycle. 35.66% 11.39% 20.58% 32.35% 3. As a passenger in a privately- owned vehicle. 11.39% 12.86% 45.58% 30.1 4. Use a 'for hire' cab or limousine. 0.00% 0.36% 11.76% 87.86% Evaluation Of Existing County Services (Question 12a.-12f.) During the last eight years, responders from all areas have consistently indicated their high regard for the County~ library services. In 1999, satisfaction is at the 82 percent level, down from 89 percent in 1998. Satisfaction with library services had risen from 82 percent satisfied in 1994 to 90 percent satisfied in 1996, decreasing somewhat in 1997 to 86 percent. Overall satisfaction with lmrks ~nd ~e~'e~tion services is 79 percent in 1999, back up to the previous peak year, 1996. Emergency ambulance service recorded a 62-percent satisfaction level in 1999, down 8 percentage points from 1998, with more than one-in-three expressing no opinion. Satisfaction with depositing solid waste~ trash and garble in the landfill is a new question added this section this year. Overall. 46 percent are ~ 10 ~ are ~ and a ~ 43 percent have no 911illi911. It appears significant that respondents distinguish clearly between a high level of agreement, 93 percent, that trash and garbage collection is as good as can be expected, and the depositing of waste in the landffil, concerning which 43 percent, overall, have no opinion. Satisfaction with the County;s Health Unit is just 20 percent; however, 72 percent ex- press no opinion and just 8 percent are dissatisfied, revealing a general lack of knowledge of Health Unit activities. Respondents exhibited the same lack of knowledge when asked about senior-citizen prop'ams for retired persons. While 17 percent are satisfied and 6 percent dis- satisfied, 78 percent have no opinion. TWELFTH ANNUAL TELEPHONE SURVEY OF REGISTERED VOTERS Page 9 TableVI-A below records the responses to the questions asked in 1999 about existing general-purpose-government services. The firstthree services are in the same hierarchical order as in 1998. TABLE VI-A RANK SATISFIED DISSATISFIED NO OPINION 1. Library services. 81.98% 5.51% 12.50% 2. Parks and recreational facilities. 79.41% 4.04% 16.54% 3. Emergency ambulance service. 61.76% 2.20% 4. -.Depositing solid waste, and the 46.32% 10.29% trash and garbage collected ~ your neighborhood, in the County's landfill. 36.02% 43.38% 5. Health care provided by the County's 19.85% 8.08% Health Unit. 72.05% 6. Senior-citizen programs for 16.54% 5.51% 77.94% retired persons. Table VI-B demomtrates a comparison of levels of satisfaction amon~ the previously asked questions from the period 1994-1999: TABLE VI-B RANK lg~9 1~ 1~f7 l~J:& lg~S lg~4 AGREE AGREE AGREE AGREE AGREE AGREE 't 1. Libr~ services 81.g~% 88.83%[3] 85.91%[1] Bg,80q~] 86.6B~Yo [1] 83.72% [11 2. Parks & rec~eetioflai hmJlifies 79.41q~ 78.26°A~2] 77.31e/o[2] 7B.61q~] 76.10c~ [3] 63.79cYo [3] 3. Emergency ambulanoe service. 61.76% 68.~h~] 58.41%[3] 65.78q~[4] 67.23% [4] 61.03c~ [4] 4. Depositing solid waste, trash ~ 46.32% NA NA NA NA NA _ho6d_ age collected in your neigh- , in the CoLl~ty's landfill. S. Healfl~ care provided by the I g.ssq~ NA NA NA NA NA Co4J~ty's Health Unit. 6. Senior-citizen programs for 1~.54% NA NA NA NA NA retired persons. Bold indicates the higt~st percentage achieved du'ing ~ 6-year pm'tod 1994-1999 Table VI-C report~, primarily, the rankin8 of dis_satbfaction in 1999 with each category of service. The reader should also note the lack of knowledge of the activities of the Health Care Unit and senior-cilizen programs. TABLE VI-C RANK DISSATISFIED NO OPINK)N SATISRED 1. Emergency ambulance service. 2. Parks and recreational facilities. 3. Library services. 4, Senior-citizen prog'ams, 5. County Health Care Unit, 6, Depositing trash in landfill, 2.20% 36.02% 61.76% 4.04% 16.54% 79.41% 5.51% 12.50% 81.98% 5.51% 77.94% 16.54% 8.08% 72.05% 19.85% 10.29% 43.38% 46.32% TWELFTH ANNUAL TELEPHONE SURVEY OF REGISTERED VOTERS Page 10 Table VI-D demonstrates comparisons of survey findings since 1994 on the ranking of the level of dissatisfaction in each year with each category of service. RANK T.~II ~ VI-D 1P)9 1~l 1~7 DIS'lIED DIS'FlED DIS'RED 1~ 1~S 1P~4 INS'FlED INS'lIED INS'FlED 5.54~,[-'4] 7.84~ [3] 10.00~31 ~.53qt,[4] 10~3~ [41 24.'~ 3q(,lS] 4.27qi(2] S.11% [1] 6.S$%[1] Location of County's Landfill ((luestion 12g.) Responders were asked to give the location of the County's landfill. In all, 86 responders, or 32 percent, of 272 have some idea where the landfill is located. Of all responders, 128, or 47 percent, say they don't know or don't remember. 'Performance of the Sheriff's Office (Question 13&-13d,] When asked about the overall performance of the Shatff's Office, 71 percent of the respondents indicate they are satisfied, 17 percent had no opinion, and 12 percent indicate dissat- isfaction. Voters also respond favorably when asked ff they are satisfied with deputies' timely re- sponses to calls for service, with 57 percent satisfied, 35 percent havir~ no opinion, and a modest 8 percent dissatisfied. Residents are less satisfied with the ~mher of deputies to provide adequate public-safety services to citizer~, with 51 percent satisfied and 21 percent ctbsat- isfied, and 28 percent expressed no opinion. TABLE VII RANK YES DON'T KNOW NO Overall performance of Sheriff's Office. 2. Response time. 3. Enough deputies to provide adequate public-safety to citizens. 70.95% 16.54% 12.50°/o 56.6'1% 34.92% 8.45% 51.4 7°/o 27.94% 20.58% Of the 272 respondents, 176, or 65 percent, say they have no law enforcement problems or concerns in their neighborhoods. Of those, 96, or 35 percent, who have concerns, 33 voters expressed concerns under the broad heading of "Traffic". Another 30 have concerns about break- ins, burglary, and stealing. Drugs are a concern of 9 respondents. TWELFTH ANNUAL TELEPHONE SURVEY OF REGISTERED VOTERS Page 11 Community Health Concerns [(luesttons 14a.-14d.] Respondents were asked if their believe four specific cmnmunity health concerns are a major concern, a minor concern, or no problem. The four include availability of affordable health insurance, injuries caused by domestic violence, health care to the poor and medically indigent, and access to health care for the average person. In response to the statement concerning availability of affordable health insur- ance, 37 percent believe it a major problem, and 9 percent believe it a minor problem. However, 54 percent believe this is no problem. In '~egard to injuries caused by domestic violence, 28 percent overall believe this is a major problem with another 21 percent believing it a minor problem, and 51 percent regard it as not a problem. Of the total, 24 percent believe health care services to the poor and medically in- digent is a major problem, 18 percent believe it is a minor one, and 57 percent believe that is not a problem. Few believe that access to health care services is a major problem, 16 percent; another 16 percent believe it is a minor problem; however, 68 percent believe it is not a problem. Table VIII tanks the statements according to belief that a community health concern is a major problem, a minor problem, or no problem: TABLE VIII RANK M~JOR MINOR NO FROBLEM 1. Availability of affordable health. 37.13% 8.82% 54.04% insurance coverage. 2. Injuries caused by domestic violence. 27.94% 20.95% 51,10% 3. Health care service available to the poor 24.63% 18.01% 57.35% and medically indigent, 4. Access to health care services in Collier 15.80% 16.17% 68.01% County for the average pers~. Planning for the Future Needs of County Residents (question 18u.-18d.) First in this hierarchy of agreement concerns the County savings more land from fu- tare development, 87 percent agreeing, with 9 percent disa~eein~ and 5 percent having no opinion. Collier County providing flmmciai support to social agencies receives an overall agreement of 62 percent with 12 percent disagreeing and 26 percent expressing no opinion. Voter agreement concerning the efficiency and effectiveness of running local Kew- er~ment received an overall agreement of 57 percent in 1999 with 19 percent disagreeing and 24 percent expressing no opinion. TWELFTH ANNUAL TELEPHONE SURVEY OF REGISTERED VOTERS Page 12 One-in-five, 20 percent believe that incorporation of Golden Gate, Immokalee, and North Naples is important to consider, A significant 42 percent have no opinion; another 38 percent disagree. Table IX-A reveals the levels of agreement, disa~eement, and no opinion to matters related to planmng for the needs of future residents. TABLE IX-A RANK AGREE DISAGREE NA/NO 1. Collier County should be saving more land from future 86.76% 8.08% 5.14% development in order to preserve the environment. 2. Collier County should provide financial support to 61.76% 11.76% 26.47% agencies that provide health-care and mental-health services, assistance to victims of domestic violence and other social services. 3. Generally speaking, our County does an efficient and .57.35% 18.7,5% 23.89% cost-effective job of ruining its local government. 4. It is important to comider incorporation of areas of 20.22% 37.86% 41.91% Collier County such as Golden Gate, Immokalee, and North Naples. Table IX-B demonstrates the level of aEreement related to planning for the needs of future residents in the six years since 1994: TABLE IX-B 1999 1~98 1997 1996 199S 1994 AGREE AGREE AGREE AGREE AGREE AGREE 1. Collier County should be 86. ?6% 86.16% NA NA NA NA saving more land from future deveroprnent in order to preserve our natural environment. 2. Collier County should provide 61.76% NA NA NA NA NA financial SUpport to agencies that provide health-care and mental-health services. assistance to victkns ol~ domestic violence violence, and there sodal services. 3. ~rally s~aking, o~ 57.35% 62.05%[4] 57.3896[4] 53.28%[6] 55~.9~[6] 43.44% [7] County does an efficient and cost-effective job of running its local govemmenL 4. It is irnportant to consider 20.22% NA NA NA NA NA incorporation of areas of ,aollier. County such as Golden te, ~mmok~lee, and North Naples. TWELFTH ANNUAL TELEPHONE SURVEY OF REGISTERED VOTERS Page 13 Table XI-C demonstrates the hierarchy of disagreement related to planning for the needs of future residents since 1994: 1999 1998 1997 1996 1995 1994 Collier County should be saving mc~e ~cl from futcre development in order to preserve our natural environment. DIS'REE DIS'BEE DIS'BEE DIS'BEE DIS'BEE DIS'BEE 8.08% 6.32% NA NA NA NA 2. Collier'Cotr~ty should 1 ] .76% NA NA NA NA NA Dorovide financial st~port agencies that provide health-care and mental-health services, assistance to victims of domestic violence violence, and there social services. 3. Generally speaking, our 18.75% 15.81% 18.21%[4] 22.36%[6] 21.84% [6] 33.10%[3] Co~ does an efficient and cost-effective job of ruing its local government. 4. It is important to consider 37.86% NA NA NA NA NA incorpoca_ tic~ of areas of Collier County such as Golden Gate, Immokalee, and North Naples. e~d indicates the hl~est level of disagreement ckxing the 6-year period 1994-1999. Overall Evaluation of County Government Since 1989 In the second annual survey completed in June 1989, a chief finding was a general agree- ment that Collier County government is being run in an efficient and cost-effective manner. When asked: "Based on how you feel right now, please tell me if you agree, disagree, or neither agree nor dLsagree that, generally speaking, our County does an efficient and cost-effective iob of running its local government," the 289 voters interviewed in 1989 responded as follows: 1989 (~uestlon Agree Neither 14m. "Generally speaking, our County does an efficient and 55.01% 24.56% cost-effective job of running its local government.' When asked the same question, the 250 voters interviewed/n 1991 responded: 1991 Cluestion Agree Neither 14k. "Generally speaking, our County does an efficient and 37.60% 20.40% cost -effective job of running its local government." Disagree 20.41% Disalgree 42.00% The 277 voters who were interviewed in 1994 responded: 1994 Question 13h. "Generally speaking, our County does an efficient and cost-effective job of running its local government." Agree Neither Disagree 43.44% 23.44% 33.10% TWELFTH ANNUAL TELEPHONE SURVEY OF REGISTERED VOTERS Page 14 The 291 voters who were interviewed in 1994 responded: 1997 Question 15d. "Generally speaking, our County does an efficient ~ cost-effective job of running its local government." The 253 voters who were interviewed in 1998 responded: Agree Ndther Disagree 57.38% 24.39% 18.21% 1998 O. uestion Agree 18e. "Generally speaking, o~' County does an efficient and cost-effective job of running its local government." 62.0S% And finally, the 272 voters who were interviewed in 1999 responded: Neither Disagree 22.13% 15.8196 1999 O. uestion Agree 18a. "Generally speaking, ow County does an efficient and cost-effective job of running its local government." 57.35% Affo~le Houdng (Question 19&) Neither Disagree 23.8996 18.75% When asked if the c/tizem of Collier County should have mom affordable housing or low- cost housing available to choose from, 63 percent of the 1999 respondents say "Yes"; this com- pares to 66 percent who responded "Yes" in 1998; and 61 percent who responded "Yes" in 1997. Collier County Landfill (question. 19b.) When asked if they would be in favor of moving the landfill to a new local/on away from the County's developed area, 69 percent say "No" and 31 percent say "Yes". Identification of the Voter's County Commissioner (question 20) When asked to identify their County Commissioners, 195, or 72 percent, do not know. An- other 5 percent name the wrong person. Of each district: 35, or 67 percent, from District I do not know; 40, or 80 percent, in District 2 do not know; 29, or 60 percent, from District 3 do not know; 47, or 87, percent from District 4 do not know;, and 44, or64 percent, from District 5 do not know their County Commissioner. Others thought they knew but provide the wrong Commissioner or a former Commissioner as an answer. Table X provides the total responders, correct answers, incor- rect answers and the number of those who do not know their County Commissioner. TABLE X DISTRICT TOTAL C~ I~ ~ KNOW 1 52 10 7 35 2 50 7 3 40 3 48 17 2 29 4 53 4 2 47 5 69 ~5 0 44 272 63 14 195 100.0°/o 23.2% 5.1% 71.7% TWELFTH ANNUAL TELEPHONE SURVEY OF REGISTERED VOTERS Page 15 Projects or Services That Most Need Improvement ((luestion 21.) In 1999, responding voters were asked to identify and comment on one or two projects or services that they believe most need improvement in Collier County. Of the 272 respondents, 93 voters, or 3t percent, provide no comments on the first opportunity for volunteered comments, and 207 voters, or 76 percent, provided no second comment. Of the 272 respondents, 179 voters commented as follows: Eighteen percent, mention the need to control or mane~Ke growth; Sixteen percent mention road-related matters; Sixteen percent, mention traffic problems; Nine percent, comment on the need for public transportation; Eight percent, comment on crime end safety concerns; Five percent, comment on potable water concerns. Other mentions include: park problems and the need for more parks (4), schools (4), the landfill (4), drainage (4), health concerns (4), code enforce.~ent ~'oblems (3), the counIy needs to recycle more items (3), more activities for your~ people (2), mo~ afford- able housin~ (2), the need for "F, ngJish only~ (2), a need for second brtd~e over the Gordon River (2), and the need for a public golf course (2). Responding voters continue to comment on a variety of details, taking the time to express their concerns to the member of the League of Women Voters. It appears clear that they believe that elected official~ and government employees should take note of their concerns and take ac- tion to alleviate them. Comments from responding voters continue to reflect a serious interest in Collier County. Fraser & Mohlke Associates remains indebted to the League of Women Voters for their contribu- tion to the successful completion of the annual telephone survey. · EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE A SETTLEMENT OF KLINGERMAN V. COLLIER COUNTY, CASE NO. 98-492-CIV-FTM-23D, PENDING IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA, PURSUANT TO WHICH (1) EACH PARTY WILL BEAR ITS OWN COSTS; (2) MUTUAL RELEASES WILL BE EXCHANGED; AND (3) THE CASE WILL BE DISMISSED WITH PREJUDICE. OBJECTIVE: For the Board of County Commissioners to approve a settlement of Klingerman v. Collier County, Case No. 98-492-CIV-FTM-23D, which is now pending in the United States District Court for the Middle District of Florida, with the principal terms of the settlement to be as follows: (1) each party will bear its own costs; (2) mutual releases will be exchanged; and (3) the case will be dismissed with prejudice. CONSIDERATIONS: On approximately November 23, 1998, Collier County Paramedic Laurie Klingerman filed a federal court complaint alleging, among other things, that she had been ' subjected to sexual harassment and that she later was retaliated against after complaining about the sexual harassment. The complaint was directed not only at the County but also three other EMS employees, two of whom were, or had been, her supervisors. Because of the potential for conflicts of interest, the Office of the County Attorney and the Risk Management Department sought and received permission from the Board to retain outside counsel for the three individual County employees sued by Ms. Klingerman. Throughout the course of the proceedings, Ms. Klingerman has remained an employee of the County in good standing. Discovery in the case began to take place over the last several months. In the interim, the parties have continued to discuss ways to settle the case. At this juncture, Ms. Klingerman has agreed to settle the case by dismissing her complaint with prejudice and exchanging mutual releases. The parties also need to agree that each side will bear its own costs and attorneys' fees. No settlement payment would be received by Ms. Klingerman. She would continue in her position with County EMS. FISCAL IMPACT: Ms. Klingerman has agreed to settle her lawsuit with the County without demanding any settlement payment. To date, the County has expended approximately $22,000 in defense of the case including attorneys' fees expended in providing outside counsel for the individual defendants. If the case were to continue, aside from the risk of any finding of liability or an award of attorneys' fees to Ms. Klingerman, the County would likely incur somewhere between $60,000 and $80,000 in additional attorneys' fees and costs because of the need to continue to retain outside counsel to defend the individual defendants. According /. a settlement AGENDA ITEM i SE? 2 Il 1999 pg. t along the lines proposed will have relatively minimal fiscal impact. The costs and fees incurred to date by the County will be paid from Property and Casualty Fund No. 516-121650. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve a settlement of Klingerman v. Collier County, Case No. 98-492-CIV~FTM-23D, pursuant to which (1) each party will bear its own costs; (2) mutual releases will be exchanged; and (3) the case will be dismissed with prejudice. It is further recommended that the Board of County Commissioners authorize the Chairwoman to execute the settlement documents memorializing these principal terms of the settlement and other standard terms included in County settlement agreements. Michael W. Pettit Assistant County Attorney Date: REVIEWED BY: ('-~.~'~-------- ':~'~ff Walker, Director Risk Management Date: APPROVED BY: David C. Weigel County Attorney Date: h:LitXKlingerman~,ExSum-Setllement-mwp 2 SE,'"' 2 8 1999 pg. ~PO~ OF ~Eg(S) TO ~ GOLDEN GATEESTATES L~ ::,,~UST ':, , OBJECTIVE: To re-appoint 2 members to serve 4 year terms expiring on October 13, 2003 on the Golden Gate Estates Land Trust Committee. CONSIDERATIONS: This 5 member committee serves in an advisory capacity to the Board of County Commissioners for the purpose of carrying out the requirements, conditions and various provisions of an Agreement relating to the use of land, or funds derived from the sale of land, conveyed to the County by Avatar Properties Inc. (f/k/a GAC Properties Inc.). Applicants must reside within the subdivision known as "Golden Gate Estates." Member selection may depend upon location of residence within specific areas (phases) of the Estates. Terms are 4 years. A list of the current membership is included in the backup. The terms for Charles P. Van Gelder and Matthew F. Hudson will expire on October 13, 1999. A press release was issued and resumes were received from the following interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Charles P. VanGelder Phase I 5 yes GGELTC Matthew F. Hudson Phase 1 5 yes GGELTC COMMITTEE RECOMMENDATION: The re-appointment of: Charles P. VanGelder Matthew F. Hudson FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment; appoint 2 members to serve 4 year terms on the Go[den Gate Land Trust Committee; and, direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: OCTOBER 12, 1999 AGENDA NO. /~/"/' Pgo, / To: From: Date: Subject: Sue Filson, Administrative Assistant Board of County Commissioners Sandra Taylor, Direct~or-- _ Real Property Manage~'htDepartment September 23, 1999 Golden Gate Estates land Trust Committee The Golden Gate Estates Land Trust Committee Members, at their September 22, 1999 meeting, unanimously recommended the Board of County Commissioners accept the applications of Mr. Charles (Skip) VanGelder and Mr. Matthew Hudson for membership to the Committee. Mr. VanGelder and Mr. Hudson are current members of the Golden Gate Estates Land Trust Committee. Please present the Golden Gate Estates Land Trust Committee's recommendation to the Board of County Commissioners at your earliest convenience. If the Board of County Commissioners approves the Committee's recommendation, one (1) vacancy will still exist on the Committee. Please continue to advertise the vacancy. Thank you. Real Property Management Department AGENDA D'EM. OCT 12 199 Golden N~IHe Charles Purcell VanGelder. I 760 7th Street. S.W. Naples, FL 34117 District: 5 Category: Phase I Lillian Jourdan r'~ ,~,.-:d 5630 26th Avenue. S.W. Naples, FL 34116 District: 5 Category: Phase I Gate Estates Land Trust Committee Work Phone Appt'd Exp. Date Home Phone DateRe-appt 2ndExpDate 597-8774 10/10/95 10/13/99 353-5713 r~'m 2nd Term 4 Years 09/17/96 10/13/97 1 Year 353-5786 9/23/97 10/13/01 4 Years Karen M. Acquard 03/10/98 10/13/98 months 441 24th Avenue. N.E. 455-8318 10/13/98 10/13/02 4 Years Naples. FL 34120 District: 5 Category: Phase I Stephen B. Greenberg 10/11,'94 10,/13/98 4 Years ~ /t'x~) 2780 8th Street. N.W. 455-1204 10/13/98 10/12/u_ 4 Years Naples. FL 34120 District: 5 Category: Phase III Matthew F. Hudson 353-4333 0<,'1_. 1,/93 10/13/'95 ='~ Years 321 13th Street. S.W. 455-5072 10/10/95 10/13/99 4 Years Naples. FL 34117 District: 5 :. Category: Phase I This 5 member committee was created by Ord. No. 87-48, amended by Ord. No. 87-98 and 94- 40 to carry out the requirements, conditions and various provisions of an Agreement relating to the use of land, or funds derived from the sale of land, conveyed to the County by Avatar Properties, Inc. (f/d/a GAC Properties, Inc.) Applicants must reside within the subdivision known as "Golden Gate Estates." Members must reside within 1 of the 5 phases within the Golden Gate Estates area. Terms are 4 years FL STAT: 125.01 Staff.. Sandy Taylor, Real Property Director: 774-8991 'Thursda;, OCtober 15, 1998 .... Page I o fl MEMORANDUM ECEIVEC DATE: September 7, 1999 TO: FROM: Vinell Hills, Elections Office Sue Filson, Administrative Assistant'~~, Board of County Commissioners 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. G. G. ESTATES LAND TRUST COMMITTEE COMMISSION DISTRICT Charles P. Van Gelder 760 7'h Street, S.W. Naples, FL 34117 'l~hank you for your help. AGENDA ITEM NO. ,/~,~"),/'7/'. MEMORANDUM DATE: TO: FROM: September 7, 1999 Sandra Taylor, Real Property Director ~//.~ Sue Filson, Administrative Assistan...k<5/. Board of County. Commissioners Golden Gate Estates Land Trust Committee As you know, we currently have vacancies 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 3'our review' as follows: Charles P. Van Gelder yOqtxl~/ae~ (5~, Pi~o~$Ot~ 760 7'' Street, S.W. _'3 ~. I l ..B'th ~r~'~ $ ~ Naples. FL 34117 Na. les, 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 summarT 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 ACaENDA III~M NO._ //~ ~ OCT 1 2 1~t August 3, 19999 TO: Board of Collier County Commissioners FROM: Charles P. Van Gelder AUO 0 9 RE: Golden gate Estates Land Trust Advisory Board Dear Board Members, For the past four years I have had the opportunity to participate on the Golden Gate Estates Land Trust Advisory Committee. I have seen the establishment of the Max Hasse Communi~ Park, the construction of the EMS Facili~.' at Orange Tree, the installation of the new radio system at the Corkscrew Fire Station, supplying of fire fighting tools and bicycles to the sheriffs department and the addition of a new brush truck to the Corkscrew fire station. I have enjoyed participating in the process that brought :all those projects to the community, and would be pleased to continue working with the other members of the committee in assisting yourselves and the Golden Gate Estates in choosing any future allocations of the resources of the fund in a man;~er consistent with the terms of the agreement. Respectfully, Charles P. kan Gelder AC, EN~A, II~ NO. / OCT 12 RESUME CHARLES "SKIP" VAN GELDER RESID&VCE: 760 7TH STREET SW NAPLES, FLORIDA 34117-2132 PHONE: (941) 353-5713 EDUCATION: B.S. FROM CORNELL UNIVERSITY COLLEGE OF A GRICUL TURE AND LIFE SCIENCE 1982 MAJOR: FARM BUSINESS MANAGEMENT- COURSE STUDY IN BUSINESS MANAGEMENT, STATISTICAL ANAL YSIS, B USLYESS LA W, ACCOUNTING, M_ARKETING, BIOLOGY, BOTANT, CHEMISTRY; AND MATHEMATICS. OTHER STUDIES': AGRONOMY, NATURAL RESOURCE ]vMNAGEME~VT, VEGETABLE CROP PRODUCTION, ENGLISH COMPOSITION AND LITERATURE, AND FARM MACHINERY MANAGEMENT. CURRENT EMPLOYMENT: AIR CONDITIONING BY WEIGOLD AND SONS TITLE.. ESTIMATOR, INVOLVING THE ANALYSIS OF RESIDENTIAL AND COMMERCIAL BUILDING PROdECTS. PERFORMLYG TAKEOFFS, LOAD CALCULATIONS, MODEL ENERGY CODE CALCULATIONS, HVAC DESIGN, COST AND SALES PRICE COMPUTATIONS. ALSO INVOLVED IN CUTTOMER RELATIONS, FIELD SUPER VISION, SALES. MARKETLVG, AND ADML¥ISTRA TION. PREVIOUS WORK EXPERIENCE: LAMONT STORAGE CO., GENERAL 3L4NAGER OF THE LAKE RIDGE FR OTT CO., CONTROLLED ATMOSPHERE APPLE STORA GE IN ALBION NE W YORK. B & C FUEL CO., SERVICE MECHANIC FOR PLUMBING AND HEATING SERVICE, FUEL OIL DELIVERY, PINE BUSH, NEW YORK. COREYT GREENHOUSE, LABORER AND DELIVERY FOR A WHOLESALE/RETAIL GREENHOUSE. MILITARY: U.S.N. - SERVED AS RADAR OPERATOR ON THE DESTROYER U.S.S. ERNEST G. SMALL IN VIETNAM. LOCAL ORGANIZATIONS: V.F.W. POST 7721, PAST SE370R VICE COMMANDER, CHAIRMAN OF BINGO COMMITTEE. GOLDEN GATE ESTATES LAND TRUST COMMITTEE MEMBER SINCE OCTOBER 1995 AGENDA, IT£jVL, NC). ~ .r:0 RECEIVED 2oar~ of Ceun~y Camm~ss~oner~ September 10, 1999 Sue Filson Board of County Commissioners 3301 Tamiami Trail East Naples, Florida 34112 Re: Golden Gate Estates Land Trust Committee Re-appointment Dear Ms. Filson, This letter is to express my continued interest in the Golden Gate Estates Land Trust Committee. I am therefore requesting that I be considered for another term on the Committee. As you may or may not realize, I was recently selected to continue as Chairman. I feel there is a great deal yet to be accomplished in the Golden Gate Estates Area and I would very much like the opportunity to be a part of it. I feel that with the knowledge and experience I have received as a Committee member, I have much to contribute to the effort of enhancing the quality of life in Golden Gate Estates. Sincerely, Matthew G. Hudson 3 ;Z l / AGENDA IT£M OCT 1 2 MATTHEW G. HUDSON OBJECTIVE: EDUCATION: EXPERIENCE: TRAINING: HOBBIES: REFERENCES: I AM SEEKING A POSITION THAT WILL UTILIZE MY KEEN BUSINESS SKILLS AND SELF MOTIVATION TO BRING ABOUT A POSITIVE IMPACT ON MY COMMUNITY. CARDINAL MOONEY H.S. GRADUATED 1984 MANATEE COMMUNITY COLLEGE ATTENDED 1986 WALGREEN CO. - NOVEMBER 1982 - PRESENT DIRECTLY SUPERVISE 35 PEOPLES AND MANAGE A STORE GENERATING FIVE MILLION IN ANNUAL SALES. DIRECTLY RESPONSIBLE FOR ALL FACETS OF DAY TO DAY OPERATIONS WHICH INCLUDE ORDERING, HIRING, FIRING, ACCOUNTING, MERCHANDISING AND COMPUTER OPERATIONS. HIRED IN 1982 AS A STOCK CLERK AND WORKED MY WAY UP THROUGH VARIOUS LEVELS OF RESPONSIBILITIES. I WAS PROMOTED TO MY CURRENT POSITION IN 1989 AT WHICH TIME I RELOCATED TO COLLIER COUNTY. SPECIALIZED TRAINING AND EXPERIENCE IN THE AREAS OF FEDERAL, STATE AND COUNTY REGULATIONS AS THEY PERTAIN TO THE DRuG INDUSTRY. SPECIALIZED TRAINING ON VARIOUS COMPUTER SYSTEMS SUCH AS THE IBM AS400. DALE CARNEGIE- 1995 LIT?LE LEAGUE MANAGER 1990 - PRESENT MUSIC VARIOUS SPORTS AND COMMUNITY ACTIVITIES AVAILABLE UPON REQUEST APPOINTMENT OF:ME~ER(S) PRESERVATION BOARD OBJECTIVE: To appoint 2 members to serve 3 year terms, expiring on October 1, 2002, on the Historical/Archaeological Preservation Board. CONSIDERATIONS: This 7 member board is vested with the power, authority, and jurisdiction to designate, regulate, and administer historical, and archaeological resources in Collier County, under the direct jurisdiction and control of the Board of County Commissioners. Members must comply with the financial disclosure laws of the State of Florida. Terms are 3 years. A list of the current membership is included in the backup. The terms for John W. Thompson representing the category of Archaeology and Thomas W. Franchino representing the category of Real Estate expired on October 1, 1999. A press release was issued and resumes were received from the following 3 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Thomas W. Franchino Real Estate 4 yes Historical John W. Thompson Archaeology 2 yes Historical F. Joseph McMackin, 11I Real Estate 4 yes Comp Plan Standards COMMITTEE RECOMMENDATION: The committee is recommending the re-appointment of Thomas W. Franchino and John W. Thompson. Both members are eligible for re- appointment. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment; appoint 2 members to serve 3 year terms; and, direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Administrative Assistant Board of County CommissiOners Agenda Date: OCTOBER 12, 1999 CCT 1 7_ t999 Pg. / TO: FROM: DATE: SUBJECT: Memorandum Sue Filson, Administrative Assistant Board of County Commissioners Robert J. Mulhere, AICP ~"~> Planning Services Director"--'~ September 17, 1999 Historic Preservation Board Vacancies Please be advised that the Collier County Historic and Archaeological Preservation Board has discussed the request for consideration relative to the two vacancies on the above referenced advisory committee. The first vacancy is for the "Archaeology" category while the second is for the "Real Estate" category. Please note that the Preservation Board has reviewed the resumes of the applicants and has recommended the re-appointment of John W. Thompson as the Archaeology member and Thomas Franchino for the Real Estate category. If you have any questions concerning this matter, please do not hesitate to contact my office. RVB/RJM/rb CC: Vincent A. Cautero Ron Nino Ray Bellows Co m tn un itl' D evelopm cut & Environ tnental Services Planning Services OCT I 2 1989 Name Historical/Archaeological Preservation Board Work Phone Appt'd Exp. Date Home Phone DateRe-appt 2ndExpDate TerHt 2nd Term John W. Thompson 576 Retreat Drive. Apt. 202 Naples, FL 34110 District: 2 Category: Archaeology William J. Tyson 732 Hemando Drive Marco Island, FL 34145 District: 1 Category: Landscape Architect Lora Jean Young Box 1823 Marco Island. FL 34146 District: 1 Category: Citizen-At-Large Thomas W. Franchino 660 8th Street, North Naples. FL 34102 District: 4 Category: Real Estate/Land Development Alex Dusek 1635 Wind,,' Pines Drive. =5 Naples. FL 34112 District: I Category: Histor-,' Joanne Marro Quinn 1084 Sixth Street. South Naples. FL 34102 District: 4 Category: C itizen-At- Large Diane M. Gonzalez 809 Walkerbilt Road, Suite 3 Naples, FL 34110 District: 2 Category: Citizen-At-Large 597-2269 394-0800 642-5925 10/15/96 10/01/99 09/08/98 10/01/00 3 Years Years 09/'27/94 10/01/97 3 Years 9/23/97 10/01/00 3 Years 263-8357 10/15/'96 I 0/01/99 09/01/98 10/01/00 / 3 Years k/ 774-2428 261-9468 2 Years 03/24/98 10/01/98 7 mo. 1/26/'99 10/01/01 3 Years 649-0088 09/01/92 10/01/95 3 Years 434-8696 1/26/99 10/01/01 3 Years Page 1 of 2 AGENDA ITEM; NO. ~ OCT 12 1999 Historical/Archaeological Preservation Board Work Phone Appt'd Exp. Date Term Name Home Phone DateRe-appt 2ndExpDate 2nd Term This 7 member committee was created by Ord. No. 9'1-70, and repealed and amended by LDC Div. 1.22.1 Ord. No. 91-102. This board is vested with the power, authority, and jurisdiction to designate, regulate, and administer historical and archaeological resources in Collier Count-/, under the direct jurisdiction and control of the Board of County Commissioners. Membership is composed of 7 members from the following categories: a. history; b. archaeology; c. Real Estate, land development, or~linance; d. architecture; e. law or urban planning; and, f. 2 positions will be filled by citizens at large. Members are required to file a Form 1 Statement of Financial Interest each year with the Supervisor of Elections. Terms are 3 years. FL ST.4 T: Staff: Bob Mulhere, Current Planning Manager:: 403-2~t(30 Page 2 of ~ ~ ~ AGENDA ITEM, .o. 0CT 't 2 199:9 MEMORANDUM DATE: September 7, 1999 TO: Vinell Hills, Elections Office ~~ ~,', ~r ~ ,,..: ::o:ar., :c-n:~i sx ~cneo~ FROM: Sue Filson, Administrative Assist~j ~ Bo~d of County Commissioners 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 belo~v are registered voters in Collier County. Also, please list the commission district in which each applicant resides. HISTORICAL/ARCHAEOLOGICAL PRES BD COMMISSION DISTRICT Thomas W. Franchino 660 8"' Street North Naples, FL 34102 Jolm W. Thompson 576 Retreat Drive, Apt. 202 Naples, FL 34110 F. Joseph McMackin, III 2616 Treasure Lane Naples, FL 34102 Thank you for your help. OCT 1 2 1999 _ MEMORANDUM DATE: TO: FROM: September 7, 1999 Robert Mulhere, Planning Services Dire~ ~ Sue Filson, Administrative Assistanta,/} /~ . Board of County Commissioners ,x~ . · Historical/Archaeological Preservation Board As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Thomas W. Franchino 660 84 Street North Naples, FL 34102 John W. Thompson 576 Retreat Drive, Apt. 202 Naples, FL 34110 F. Joseph McMackin, III 2616 Treasure Lane Naples, FL 34102 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 OCT 1 2 199 LAW OFFICE OF' THOMAS W. FRANCHINO, SUITE 1~50 NORTH TAMIAMI TRAIL NAPLES, FLORIDA 34102 TELEPHONE (941) ~63-8357 TELECOPIER (941) ~63-0445 August 30, 1999 P.A. t ECEIVED SEP 0 1 1999 [~<>ard of County Commissioner~ Sue Filson Administrative Assistant Board of County Commissioner 3301 East Tamiami Trail Naples, FL 34112-4977 Re: Historical/Archaeological Preservation Board Dear Ms. Filson, I understand that my term on the Historical/Archaelogical Advisory Board expires on October 1, 1999. I am very interested in continuing on the Board, and I do seek reappointment. I have enclosed an updated resume. Please process this request for reapointment. Sincerely' a~ THOMAS W. FRANCHINO THOMAS W. FRANCHINO, P.A. 1250 TAMIAMI TRAIL NORTH SUITE 106 NAPLES, FLORIDA 34102 (941) 263-8357 EDUCATION: PROFESSIONAL EXPERIENCE: AREAS OF PRACTICE: LICENSURE: University of Kansas School of Law, Lawrence, Kansas (J. D., May 1982) University of Illinois, Champaign/Urbana, Illinois (B.A., May 1975) Major - political science Minor - psychology June 1998- present Shareholder Law Office of Thomas W. Franchino, P.A., Naples, Florida June 1995- May 1998 Shareholder Franchino & Rawson, P.A., Naples, Florida June 1992 - June 1995 Shareholder Lehman, Franchino, & Rawson, P.A., Naples, Florida March 1988 - May 1992 Associate and Shareholder Siesky and Lehman, P.A., Naples, Florida August 1982 - November 1986 Staff Attorney Mid-Minnesota Legal Assistance, Inc., Minneapolis, Minnesota January 1982 - May 1982 Student Director Douglas County Legal Aid Society, Lawrence, Kansas General Civil Pradice with emphasis in litigation, appeals, eminent domain, creditors' rights and remedies. State of Minnesota (Odober 1982) U.S. Distrid Court - Minnesota (January 1983) State of Florida (Odober 1987) U.S. Distrid Court - Middle Distrid of Florida (July 1988) U.S. Court of Appeals - Eleventh CirCuit (September 1993) JOHN W. THOMPSON 576 RETREAT DRIVE, APT. 202 NAPLES, FL 34110 August 20, 1999 Board of Collier County Commissioners 3301 East Tamiami Trail Naples, Florida 34112-4977 Attn: Sue Filson Dear Ms. Filson, The letter concerning the expiration of my term on the Historical/Archaeological Board arrived when I was on vacation. I am submitting my resume late but will understand if it is too late. Sin,cerely ~ John W. Thompson ~,, AGEND,~ ~ NO. ~ OCT t Z 19.,q9 JOHN W. THOMPSON 576 RETREAT DRIVE, APT. 202 NAPLES, FL 34110 August 20, 1999 Board of Collier County Commissioners 3301 East Tamiami Trail Naples, Florida 34112-4977 Attn: Sue Filson Dear Ms. Filson, The letter concerning the expiration of my term on the Historical/Archaeological Board arrived when I was on vacation. I am submitting my resume late but will understand if it is too late. Sincerely, John W. Thompson OCT 1 RESUME, JOHN W. THOMPSON Born in Chelsea, Massachusetts, 8/15/99. Graduate of Chelsea High School, June 1941-Valedictorian. Married to Dorothy in 1944. Two children and three grandchildren in St. Louis area. USNaval Reserve, July 1, 1944 to March, 1946. LT(jg) on South and North Atlantic, destroyer escorts. BS Che, Tut'ts University class of 1945( finished 1947). BS Engineering Management, Northeastern University, 1953. Monsanto Company, 1947 to 1981. Both engineering and personnel assignments in Boston, Detroit and St. Louis. Retired in 1981. Real Estate, Realtor, 1982 to 1994, Bonita Springs and Naples. NABOR board member. President, Mound City Archaeological Society, St. Louis. Trustee, Missouri Archaeological Society. Board of Directors, Cahokia Mounds Museum. President, Treasurer of Southwest Florida Archeological Society. Treasurer, Florida Anthropological Society. Collier Coun~ Museum, Craighead Laboratory volunteer. Vice-chairman, Collier County Hi)todcal/Arcl~aeological Preservation Board. John W. Thompson OCT 1 2 I, 99 F. JOSEPH MCMACKIN ill BARNETT CENTER 4501 TAMIAMI TRAIL NORTH SUITE 3OO NAPLES, FLORIDA 33940.3060 August 2, 1999 Ms. Sue Filson Administrative Assistant Board of County Commissioners 3301 Tamiami Trail East Naples, Florida 34112 Re: Historic/Archaeological Preservation Board Dear Ms. Filson: Enclosed herewith find a copy of my resume, which in conjunction with this letter, I would respectfully request you accept as my application for one of the two positions open on the Historic/Archaeological Preservation Board. My home address is: 2616 Treasure Lane Naples, Florida ~ Thank you, I am FJM:nek Enclosure QBNAP\190511. I Sincerely yours, /' McMackin III F. JOSEPH McMACKIN, III 4501 Tamiami Trail North, Suite 300 Naples, Florida 34103 Telephone: (941) 262-5959 Fax: (941) 434-4999 PROFESSIONAL EXPERIENCE 1982 to Present: Founding Partner of QUARLES & BRADY/Naples 4501 Tamiami Trail North, Suite 300, Naples, Florida Practice devoted to financial institutions, land planning, real estate law, government and commercial law. Quarles & Brady is now one of the largest firms in the County. 1977 to 1982: Practiced law as F. JOSEPH McMACKIN III CHARTERED 1207 Third Street South, Naples, Florida Practice devoted to commercial litigation, real estate and trusts and estates. My firm merged with Quarles & Brady on October 1, 1982. 1973 to 1977: Associate, SPINGLER AND ALLEN 837 Fifth Avenue South, Naples, Florida After graduation from law school, I was employed by the firm of Spingler & Allen. The practice was general with trial and appellate work. The firm dissolved on Mr. Spingler's medical retirement in July 1977. Summer 1972: Articled Clerk, BLAKE & RIGGAL, Solicitors 120 William Street, Melbourne, Victoria 3000 Australia Obtained a broad introduction in Australian, Pacific Rim and international law. Summer 1971: Law Intern, SUPREME COURT OF THE STATE OF NEW YORK Mineola, New York During the summer following first year of law school, was selected for participation in the Law Intern Program conducted by the State of New York and Nassau County, under the direction of the Hon. Thomas P. Farley, Administrative Judge of the Supreme Court. QBNAP\l1885.1 BAR ADMISSIONS State Courts: Supreme Court of Florida 1973, Court of Appeals District of Columbia 1975, Supreme Court of Wisconsin 1984 Federal Courts: S.D. Florida 1973, United States Tax Court 1979, M.D. Florida 1991, E.D. Michigan 1995, United States Court of Appeals - Eleventh Circuit 1981, Fifth Circuit 1974, Sixth Circuit 1996 COMMUNITY SERVICE Member, Comprehensive Plan Standards Ad Hoc Committee, Collier County, Florida, 1999 Member, Citizens Advisory Committee on Growth Management, Collier County, Florida, 1997 Member of the Board of Directors, NationsBank, 1997 to 1999 Member of the Board of Directors, Barnett Bank of Naples, a Florida banking corporation, 1987 to 1997 Member of the Board of Trustees, TECH/Sunrise Opportunities of Collier County, 1991 to 1999 Secretary, Treasurer, Director of the Telford Foundation, 1989-1999 Member, The Florida Bar Grievance Committee for the Twentieth Judicial Circuit, 1991 to 1995 Member, The Florida Bar Unauthorized Practice of Law Committee, 1982 to 1989 President, St. Ann's School Home and School Association, 1985 to 1987 Member of the Board of Directors, Port Royal Property Owners Association, 1983 to 1985 (President in 1984) EDUCATION June 1973 J.D. University of Miami School' of Law, Coral Gables, Florida June 1968 B.A. Wesleyan University, Middletown, Connecticut QBNAP\t1885.1 2 1¢ MILITARY 1968 TO 1970 Lieutenant, United States Navy Active Duty: Deployments: Navigator, USS HAWKINS DD 873 Cuba APOLLO XlI Atlantic Recovery Team North Atlantic Treaty Organization Standing Naval Force LECTURER/AUTHOR Bank Administration Institute, "Real Estate and Loan Documentation." Lectures given in Florida, Pennsylvania and Illinois, 1986 to 1989. State Attorney's Office Twentieth Judicial Circuit, "Commercial Law and White Collar Crime," 1986. "Primer on Florida Business Organizations," Vault & Gavel, Journal of the Florida Bankers Association, Spring 1996. SPECIAL PROJECTS English-Spanish Phonetic Dialogue, a phonetic pronunciation system for the arraignment of Spanish-speaking defendants by English-speaking Court personnel.. The format has been adopted by the District Court of Nassau County, New York, and the County Court of Collier County, Florida. LANGUAGES German QBNAP\11885.1 OCT OBJECTIVE: To appoint 1 member to serve a 4 year term expiring on October 12, 2003 on the Housing Finance Authority. CONSIDERATIONS: The Housing Finance Authority has 1 vacancy. This 5 member authority was created by County Ordinance No. 80-66 on July 29, 1980, pursuant to Chapter 159, Part IV, of the Florida Statutes as a governmental body authorized to issue tax exempt bonds. Not less than a majority of the members shall be knowledgeable in one of the following fields; labor, finance or commerce. Members are subject to filing a Form 1 Financial Disclosure Statement annually with the Supervisor of Elections Office. Terms are 4 years. A list of the current membership is included in the backup. A press release was issued and resumes were received from the following interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. T. M. Hayes n/a 2 yes none Fred N. Thomas, Jr. n/a 5 yes Lake Trafford lmm EZDA Rural Lands Assessment COMMITTEE RECOMMENDATION: A letter was received from Donald A. Pickworth advising that both applicants are qualified electors of the County and are eligible to serve. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the requests for appointment and appoint 1 member to serve a 4'year term and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners OCTOBER 12, 1999 Agenda Date: AGENDA ITI~M - NO. ~ (94,1) 263 - 8060 DONALD A. PICI(WORTH, P.A. ATTORNEY AT AW ~UITE 602 ~IEWOATE TOWER 5150 NO~TH TA~IA~I TRAIL ~APLES, FLORIDA ~410~ September 29, 1999 Sue Filson Administrative Assistant Board of County Commissioners Collier County Courthouse, Building"F" 3301 East Tamiami Trail Naples, FL 34112-4977 Re: Appointments to Housing Finance Authority Dear Sue: , In accordance with our recent conversation, I have reviewed tlm resumes ofT. M. Haves and Fred Thomas submitted to the Board for appointment to the Housing Finance Authority. Both applicants are qualified electors of the county and are eligible to serx, e. I would request that this matter be placed on the agenda for the October 12 Commission meeting. If you need further information, please give me a call. Very truly yours, Donald A. Pickworth A ,M'r ,M NO. OCT 12 1999 P I. Name Housing Finance Authority ~I/ork Pho.e Appt'd Exp. Date Home Phone DateRe-appt 2ndExpDate Tel'lit 2nd Ternt Jolm T. Con.roy, Jr. 3255 North Tamiami Trail Naples, FL 34103 District: Category: Commerce Charles A. Dauray. Jr. 2280 14th Street. North Naples, FL 34103 District: Category: Labor 261-3400 08/05/80 08,0 l/81 I Year 4/24/98 08 03/01 4 Years 08/05/80 08,04.84 3 Years 649-0090 11,."7,'95 08 05/99 4 Years Thomas ,'vi. Palmer 5811 Pelican Bav Blvd., Suite 102 Naples. FL 34108 District: Category: Finance Dawn Litchfield 1400 Gulf Shore Blvd. N.. Suite 214 Naples. FL 34102 District: Categoo': Finance Garx' D. Lind 4001 Tamiami Trail North Naples. FL 34103 District: Category: Finance 566-2300 3,.'3 I, 98 08 03/01 4 Years 261-4800 02/05/91 12 02.94 4 Years ",.',o ' 03 4 Years 4,"l .>,.v ~ 041 262-8800 0_,,_ I,'95 03 21 00 4 Years 4,'13/99 04 1303 4 Years This 5 member authority was created by County Ordinance No. 80-66 on July 29. 1980, pursuant to Chapter 159, Part IV, Florida Statutes as a governmental body authorized to issue tax exempt bonds. Not less than a majority of the members stnall be knowledgeable in one of the following fields; labor, finance, or commerce. Members are subject to filing a'Form 1 Financial Disclosure Statement annually with the Supervisor of Elections Office. Terms are 4 years. FL STAT: 159 Staff: Attorney Don Pickworth: 263-8060 Thursday, April 29, 1999 Page 1 of I MEMORANDUM DATE: July 20, 1999 TO: Vinell Hills, Elections Office _ //~.j~. FROM: Sue Filson, Administrative Assist2~f 5 I Board of County Commissioners ' RE: Voter Registration - Advisory. Board Appointments The Board of County. Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. HOUSING FINANCE AUTHORITY COMMISSION DISTRICT T. M. Hayes 150 North Street Naples. FL 34108 "~ Fred N. Thomas. Jr. 1802 Farm Worl~er Way~ Immokalee, FL .~4142 Immcv, atee 'FL, Thank you for your help. AC-,F. ND4 LTF..J OCT 12 19 S MEMORANDUM DATE: TO: FROM: July 20, 1999 Donald A. Pickworth 5150 N. Tamiami Trail, #602 ,, Naples, FL 34103 Sue Filson, Administrative AssistanJ:~/] - I Board of County Commissioners "-" Housing Finance Authority As you know, we currently have vacancies on the above-referenced authority. A press release was issued requesting citizens interested in serving on this authority to submit a resume for consideration. I have attached the resumes received for your review as follows: T. M. Hayes 150 North Street Naples, FL 34108 Fred N. Thomas, Jr. 1802 Farm Worker Way Immokalee, FL 34142 Please let me 'know, in wq'iting within the 41 day time-frame, if the applicants are qualified to serve as members on the authority, 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 A~IDA~M No. /©C- OCT I 2 JUL-08-88 1S:08 FROM:GIRARDIN BALDWIN ASSO LLP PAGE JUL 0 8 1°,99 5~47 Castr. llo~z9 C94~) z6z~7~ TELEFAX COVER SHEET PLEASE DELIVER THE FOLLOWING PAGES TO: ~o,._ ~,.,, ~.~~.. ~.4~/:/- DATE:,. TIME:_ MESSAGE: TOTAL NUMBER OF PAGES INCLUDING COVER SHEET: IF PART OF THIS TRANSMISSION HAS FAILED IN ANY WAY, PLEASE CALL: (941) 262-8686. ASK FOR: ~ AGEND~ ffEl~ NO. If) ~. ~1 ~ 2 ~.2~ Memorandum To: From: Date: Re: Sue Filson Board of County Commissioners T.M. Hayes, CPA July 8, 1999 Collier Count)' Housing Finance Authority I am interested in becoming a board member for the Collier County Housing Finance Authority. I have known Jack Conroy and Gar), Lind, current board members, for a number of }-ears and would welcome the opportunity to work with them to assist the Finance Authority in meeting its goals and objectives. I have extensive accounting and auditing &xperience related to not for profit organizardons as well as local independent taxing districts. I have also been a board member and Treasurer of a not for profit school. I believe my experience and abilities would be of benefit to the Finance Authority. Enclosed is a resume detailing my work experience. It has not been updated for a recent career move. I am presently working for Girardin Baldwin & Assodates LLP, CPA's and Consultants. If you have any questions, I can be reached as follows: Home (941) 566-3614 Work (941) 262-8686 Fax (94I) 262-7343 Thank you for the opportunity to be of service to the Finance Authority. Enclosure Pg. II JUL-OS-SS 1S:0~ FROM:GIRARDIN BALDWIN ASSO LL~ I D: f34 121327 34 3 150 North Street, Naples, FL 34108 Home Phone (941) 566-3614 Email THAYESI@HEDIAONE.N~T SUMMARY Accomplished CPA offering years of diverse exi~rience in positions of progressive responsibility. A skilled problem solver with insight into business operations. Self motivated team player with a proven record of accomplishments in results oriented environments. i NDI,ISTRY ¢ONCENTRA, TIONS Extensive experience with the hospitality industry, construction contractors, real estate development, manufacturing, health care, concrete/ready m~x companies, retail and wholesale operationz, financial institutions, employee benefit plans, and not-for-profit organizations. EMPLOYMENT HISTO_RY Sen/or Manager, HcGladrey & Pullen, LLP I992 - Fresent · Respon~ibilities include start-up of the Naples, FL office overseeing all aspects of the Southwest Florida practice. Manage and supervise professional and administrative staff as well as audit, tax, and consulting engagements. ·~ Primary liaison with clients insuring quality and timeliness of diverse services. Taking a publishing company public with their Initial Public Offering and assisting with subsequent private placement offerings. Experience with quarterly and annual SEC filings. · Function as temporary controller when and as needed. · Strong technical and analytical skills. Ability to analyze and interpret contracts, documents, and technical material. Extensive operations and accounting/information systems experience. Audit and Accoun:ing Hanager, Wentzet Berry & Alverez 1987 - 1992 Responsible for auditing and accounting work group. Developed policies and procedures, supervised departmental staff of four individuals, provided timely and quality services to a diverse client base. Developed auditing and accounting work group from one person operation to a staff of four. CC T JUL-08-88 15:08 FROM:GIRARDIN BALDWIN ASSO LLP ID:8412G27343 PAGE 4/4 BAYES, I PA Audit a~d ACCounting Manager, Wentzel Berry & Alverez [continued) · Responsible for corporate, partnership, and not-for-profit tax returns related to accounting and auditing engagements. · Responsible for the firm's external peer reviewultimately .resulting in an unqualified report with no letter of comm-nt. · Functioned as temporary controller for wall entrepreneurial operations. Supervisor, Coopers & Lybrand 1985 - 1987 · Responsible for planning, staffing, scheduling and ~upervising auditing and accounting engag~m~nts. · Tax work including corporate and partnership returns, ~ersonal tax preparation and not-for-profit returns. · Supervised multiple engagements of varying complexity. Insured that engagements w~re completed efficiently and effectively in accordance with firm standards. EDUCATION B.A. Accounting, University of Sou~h Florida Ky family, vintage sports cars, racquetball, and fitness activities. AGEND I E I OCT 12 !95~ I I June 29,1999 Mrs. Sue Filson Administrative Assistant Board of County Commissioners 3301 Tamiami Trail East Naples, Florida 34112 Dear Sue: Please let this letter serve as my official request to be considered as a member of the Housing Finance Authority. Enclosed please find a copy of my recent resume. Thank you for your assistance. Sincerely, Fred N. Thomas, Jr.~ PHM Executive Director FNT/es Collier County ttousing Authority * 1800 Farm Worker Way * Immokalce, Fl(>rida 34142 * 1941) 6~v-3649 * FAX lO41) 657--232 FRED NICHOLAS THOMAS, JR. 1802 Farm Worker Way Immokalee, Florida 34142 (941) 657-8181 PERSONAL: Married: Wife, Cherryle Son, Fred N. Thomas, III, M.D. Daughter, Mrs. Stephanie Williams Grandchildren, Aaron & Kellie Williams EDUCATION: DEGREE: Bachelor of Arts NORFOLK STATE COLLEGE - Norfolk, VA January, 1964 to May, 1967 Major: Psychology HOWARD UNIVERSITY - Washington, DC September, 1957 to February, 1960 Major: Chemistry SPECIAL PROGRAMS Human Motivation and Achievement, Dr. David McClellan Harvard University, Summer 1965 Color Perception and Language Cognition, Dr. DeeLee Lantz Harvard University & Norfolk State College, 1965-66 Manpower Research Institute, Norfolk State College Norfolk, Virginia 1966-67 Community Leadership School, Norfolk Chamber of Commerce Norfolk, Virginia, 1969 Housing Intern, Norfolk Redevelopment and Housing Authority Norfolk, Virginia, Summer 1967 NAHRO Certified Public Housing Manager, July 14, 1978 Executive Development NAHRO Training Program Cincinnati, Ohio, June 14, 1979 U.S. Coast Guard Licensed Sea Captain Leadership Collier, Class of 1992 Leadership Southwest Florida- September 8-11, 1993 Leadership Florida, Class XVII (1998) EMPLOYMENT: December, 1986 - Present: Executive Director of Collier County Housing Authority. July, 1985 - 1986: District Manager for Cardinal Industries. September, 1983 - 1985: Director of Housing Manageme~ Authority. FRED N. THOMAS, JR. Page 2 EMPLOYMENT - Continued November, 1980 - August, 1983: Director of Administration of the Tampa Housing Authority. October, 1977 - October, 1980: Executive Director of the Indianapolis Housing Authority. September, 1974 - October, 1977: Executive Director of the Evansville Housing Authority. July, 1969 - September, 1974: Director of Community Services--Richmond Redevelopment and Housing Authority. September, 1969 - September, 1974: Field Placement Supervisor for Graduate Student at Virginia Commonwealth University School of Social Work. June, 1967 -July, 1969: Tenant Relations Advisor --Norfolk RedeVelopment and Housing Authority. CIVIC AND PROFESSIONAL ACTIVITIES: Governor's Advisory on Farmworker Affairs Chairman 1993- 1998 1997- 1998 Immokalee Rotary Member' President Director 1987 - Present 1997 -1998 1987 - 1998 Present Board of Directors of Immokalee Chamber of Commerce President 1994 1988 -1996 Board of Directors, Redlands Christian Migrant Association 1992 - Present Board of Directors, Big Cypress Wilderness Institute President 1996 - Present 1998 - Present Board of Directors. Big Cypress Basin Board 1998 - Present Florida Association of Housing and Redevelopment OfficiOs President President-Elect Board of Directors FAHRO State Legislative Chairman National Association of Housing and Redevelopr Board of Credenting Trustees National Members Services Committee 19: AC-iENDA I~dn entlgl~ficials/C/ L' ~-~19~ 19; OCT 12 1gS9 1o/ 1983 1995 1994 1992 - Present - 1996 -1995 -1997 - Present - 1980 - 1983 North Central Regional Executive Board 11/80 FRED N. THOMAS, JR. PAGE 3 10/79 - CIVIC AND PROFESSIONAL ACTIVITIES - Continued President of Indiana Chapter of NAHRO 1979 10/80 Immokalee Main Street Board Chairman 1997 - Present 1997-1998. Chairman, Immokalee Enterprise Zone Board 1997 - Present Collier County Planning Commission Chairman 1988 -1997 1992 -1993 Immokalee Foundation Vice President Executive Committee Beneficiary Advisory Committee 1991- 1998 1991- 1998 1991- 1998 1991 Present Collier County Affordable Housing Commission 1991, - 1998 Chairman, Collier, County Affordable Housing Task Force 1989 -1990 Housing Partnership for Collier County 1991 - Present Collier County Sheriff's Commission 1989 - Present Norfolk State Alumni Association Member Richmond Chapter President National Vice-President National President 1967 - Present 1970- 1972 1972- 1973 1973 - 1975 1986 1974 Omega Psi Phi Fraternity Member, Omicron Beta Beta Dean of Pledges Pi Iota Chapter Charter Member Beta XI Chapter Keeper of Finances Beta XI Chapter Vice Baisleus Bete XI Chapter Dean of Pledges Phi Phi Chapter NAACP, Collier County Executive Committee 1973 - Present 1990 -Present 1980 1975- 1976 1974 - 1976 -1977 1973 -1994 National Rifle Association Member Life Member Able Care Advisory Board 1967- 1976 1976 - Present 1987 - 1997 FRED N. THOMAS, JR. PAGE 4 CIVIC AND PROFESSIONAL ACTIVITIES - Continued ~ollier County Parks & Recreation Advisory Board 1987- 1988 Board of Governors of the Naples Institute 1994- 1997 Health Planning Council of Southwesl; Florida, Inc. 1994- 1998 lmmokalee Vocational Advisory Board 1988- 1997 United States Coast Guard Auxiliary Member of Flotilla Materials Officer Boat Handling Instructor Member of Flotilla 93 Qualifications Examiner 1981- 1986 1982- 1985 1981- 1990 1986- 1990 1984 1986 1973 U.S. Jaycees National Chairman of Membership and Retention Planning Committee National Chairman, Minority Affairs National Director of Virginia Jaycees 1972 1972- 1974 1972- 1974 1972- 1974 AWARDS: Norfolk Mace 1968 Norfolk Jaycees SPOKE - Established State Record by Qualifying in 21 days SPARK PLUG OF THE YEAR Region Ill Speak Up Winner 1969 1972 1971 Listed in Outstanding Young Men of America Listed in Personalitie~ of the South Greater Immokalee Chamber of Commerce 'Citizen oft~ OBJECTIVE: To appoint 1 member to serve a 4 year term, expiring on June 25, 2003 on the Black Affairs Advisory Board. CONSIDERATIONS: The Black Affairs Advisory Board has 5 vacancies. This 9 member committee identifies and evaluates problems unique to the Black Community, reviews and recommends ways to ensure open communication between the minorities and Collier County Government and provides periodic reports to the Board of County Commissioners. A list of the current membership is included in the backup. A press release was issued and resumes were received from the following interested citizen: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. James A. Drayton n/a 3 yes none COMMITTEE RECOMMENDATION: James A. Drayton FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment and appoint 1 member to serve a 4 year term and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: OCTOBER 12, 1999 AOF. NDA ITF. M no. ga' _ OCT 1 2 1999 Black Affairs Advisory Board Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Eric E. Baird ce,5 5784 Deauville Lake Circle, #B 104 Naples, FL 34112 District: 1 Category: 263-5501 10/08/96 7934604 0728/98 06/25/98 06/25/02 Rufus H. Watson 403-0355 5501 Rattlesnake Hammock Rd., #208 352-2782 Naples, FL 34113 District: 3 Category: 12/02/97 06/25/01 Fitzgerald A. Frater 2011 River Reach Drive, Apt. 254 Naples, FL 34104 District: 4 Category: 591-0133 263-9171 09/23/97 06/25/01 Albert Wahbey 555 Bowline Drive Naples, FL 34102 District: 4 Category: 594-9192 11/03/98 06/25/02 Jennifer G. Hines 3312 Timbem, ood Circle Naples, FL 34105 District: 2 Category: 262-8008 263-3200 11/03/98 06/25/99 Robert C. Bennett 7065 Dennis Circle, #103 Naples, FL 34104 District: 3 Category: 352-0219 01/10/95 06/25/99 Henry C. Tribble 532 Tallwood Street Marco Island, FL 34145 District: 1 Category: 6424759 06/25/91 6/18/95 06/25/95 06/25/99 2 Years ,,// 4 Years 4 Years 4 Years 4 Years 1 Year 4 Years 4 Years 4 Years Wednesday, FebrUary 10, 1999 Page I of 2 OCT 12 1999 PS. ~ Black Affairs Advisory Board Name Wort~ Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Vivienne Johnson Niehaus 1515 Gulfstar Drive South Naples, FL 34112 District: 4 Category: Audre Lew ~5~r'e~D"~'~4q 3140 LaCosta Circle, Unit 904 Naples, FL 34105 District: 2 Category: 11/05/96 06/25/98 2 Years 793-3399 7/28/98 06/25/02 4 Years 732-3720 02/09/99 06/25/01 2 Years This 9 member board was created on May 14, 1991, by Ord No. 91-38 & 91-77, to identify and evaluate problems unique to the Black Community, review and recommend ways to ensure open communication between minorities and Collier County Government and provide periodic reports to the Board of County Commissioners. Amended on 08/13/91 by Ord. 91-77 to increase membership from 7 to 9 member. Terms are 4 years. FL ST. 4 T: none Staff: Phil Tindall, Assistant to the County Manager: 774-t~ ~:~ 7/2 Wednesday, February 10, ~1999 ' "' '" Page 2 of 2 '" A C. -. -. -. -. -. -. -. -. -~ N D A ITEM NO. OCT 1 2 1999 MEMORANDUM DATE: TO: FROM: September 7, 1999 Vinell Hills, Elections Office Sue Filson, Administrative Assisting. Board of County Commissioners 8o~r4 of County Com=fSsfone~s 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. BLACK AFFAIRS ADVISORY COMMITTEE COMMISSION DISTRICT James A. Drayton ~.~ ._~ 884 Briarwood Boulevard -- Naples, FL 34104 Thank you for your help. OCT 1 2 1999 Memorandum _~ar~ RECEIVED ,;_, 0 3 199~ To: From: Date: Subject: Sue Filson, Administrative Assistant Phil Tindall, Staff Liaison to the Black Affairs Advisory Board September 3, 1999 Recommendation for Appointment of New Black Affairs Advisory Board Member At their August 24, 1999 meeting, the Black Affairs AdvisoR' Board (BAAB) interviewed Mr. James A. Drayton of 884 Briarwood Boulevard, Naples, Florida for possible recommendation as a new BAAB member. Afterwards, the members present unanimously opted to recommend that the Board of Count, Commissioners approve Mr. Drayton for selection to the BAAB. If there are any questions, please call me at 774-8718. Thank you. PT/ "~AGENOA ITE~I~ NO. /O - OCT 1 2 1999 MEMORANDUM DATE: September 7, 1999 TO: Phil Tindall, Budget Analyst FROM: Sue Filson, Administrative Assistarg~j Board of County Commissioners Black Affairs Advisory Board As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: James A. Drayton 884 Briava, ood Boulevard 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 OCT 1 2 1999 FROM : ENTERPRISE FAX NO. : 9416437578 Sap. 81 1999 Oi:llPM P4 NP. PL.E~, FL. L':6Z04. "'~'~ =n~? THE -n .... , ~n = ..... ~=~"- .... =-g_.~ HAVE ~ ~:S"¢'c'r' i~}~,,E... EAT :VF_U ....... : ' ~' ~:'~F(T~T~JTuI~ TO ~ZN:gR;TY 'r~, ~; ~ ..... ~': c'~ ' '-~'"~ ~;T=V ."~ r~~ .... ~ ~Ua"' THE ',~.--~.:.'r,e T~.' ........ . .......= ~ WHOLE. Z DC l::~i=v,:: ..... : Z H~UE ,~ .... ~'~::,E,~..~T_~,,~ DF THE .....................~:""~Fm ~'F Tu'l':~ TTH¢' TO ~O FJR'WARD ~S I~ WE~F4Ti-iY E:AND='n~'F~ FOI:',: u,-~;','Nn~=n,,:~..~ ....... HT' RESUhiE :~: ~-~::" ~:"¢E ~.,IITH THE ..... ~-' ..... ': OF ~-OST'r ~']R. _.... ..~'r4 EiTH ENTERF'RZSE F'~x:T,~... ir< ~.t.-..-~' ,*n~.~j~',,~.,. ;~,,,. RND ...~:v ~'n;.,_. TITLE C',uF:F'[:R':~:E ¢ ....,., ..... - .......... THE g~DI)RESS AND F-HONE NUMBER CN HY C[)RREET. ,.:AH£S DRPVT OCT 2 1999 FROM : ENTERPRISE FAX NO. : 941643?5?8 Sep, 01 1999 Oi:llPM P2 JAMES A. DRAYTON 884 Briarwood Blvd. Naples, FL 34104 (941)263-0622 CAREER OBJECTIVE: To obtain a challenging position which may utilize my management, public relations and communications experience PROFESSIONAL QUALIFICATIONS MANAGEMENT: · An innovative thinker and creative problem-solver with excellent interpersonal and conunun/cadons skills · Utilizes initiative to achieve goals and adapts quickly to challenge and change · Possesses business and organizational acumen, and displays analytical insight and perception to resolve difficult situations · Planned, coordinated and implemented training objectives for a 700 member Air Assault Unit · Organized and managed a 70 member unit in the daily implementation of humanitarian relief · Trained a 33 member unit and managed the maintenance of 5 vehicles · Management and sensitivity training for a 600 member unit of ROIC students · Developed a deployment plan for 120 personnel, 33 vehicles and $4.2 million worth of equipment · Managcd an ammal budget of $400,000 and provided repons · Shifting and simultaneous deadlines required effective time and stress management PUBLIC RELATIONS: · Handled thc rewriting of deadline stories to assure the articles were technically precise and clearly worded · Faced with a constituency of approximately 500,000 subscribers monthly · Consulted with ROTC professors to recommend modifications to their academic curriculum COMPUTER SKILLS: · Taught Standard Oenemlized Markup Language (SGML), a standard programming language for conversion of computer data to CD-ROM format · Working knowledge of Atex, DOS, MS Excel, MS Word, MS Access, PageMaker, SGML, Windows, WordPerfect and Xywrite ENTERPRISE FAX NO, : 941643?5?8 81 1999 Oi:llPM P3 EDITOR AND TECItI'qlCAL WRITER: · Extensive in-depth knowledge in environmental reporting with abilities in investigative reporting, technical miring, strategic plamfi.ng, and budget control · Conducted bimor~rl~ly interviews with management level personnel at the Environmental Protection Ageacy · Incorporated amendments to State and Federal environmental laws into bimonthly publications of the Environmental Reporter utilizing Associated Press technical v, Titing style · Developed and published a manual of training activities · Demonstzated excellent lXOOfi'eading skills and a keen eye for details · Rewrote deadline stories to assure the articles were technically precise and clearly worded t991 -1998 1992 -1993 1990 - 1991 I989 -1990 1987- 1988 PROFESSIONAL EXPERIENCE Editor, Bureau of National Affairs, Washington, DC Techxical Writer, United Press International, Washington, DC Training and Development Manager, US Army Platoon Leader and Company Executive Officer, US Army ROTC Battalion Commander, Southern University, Baton Rouge, LA EDUCATION MA Candidate, International Studies & Government, George Washington University Bachelor of Arts, Journalism, Southern Universi .ty A&M College, Fall 1988 AW'ARDS AND ACTMTIES Air Assault Qualified · Ai.rbomc Qualified · All American Track & Field, Division I-AA · Class of 1952 Distinguished Officer of the Years Award, 1988 · Distinguished Military Graduate · Graduated Number One in ROTC Class Member Big Brothers of America · Member Pershing Rifles Drill Team · Member Scabbard mid Blade Military Honor Society · ReguIar An'ay Commissionee ,, U.S. Army ARCOM Award. September 23, 1999 eStrand RECEIVED SEP 2 7 199S Honorable Barbara Berry Collier County Commissioner 3301 S. Tamiami Trail Naples. FL 34104 Re: Community Transportation Dear Commissioner Berry: In an unprecedented effort, Rick Melson, President of CBIA asked a number of civic and home owner groups to join forces with CBIA to explore the immediate challenges facing our community involving transportation. The up coming winter season will be very difficult as traffic safety and congestion reach serious levels and the future of road financing is in doubt. For the above reasons the attached white paper has been developed that outlines 3 major challenges that include: · Capital Funding · Project Production · Project Reporting and Accountability I appreciate your willingness to schedule this for the County Commission's Un'st meeting in the new fiscal year. By copy of this letter, I will advise our committee of your willingness to place this on the Board's agenda for October-12.4999. Thank you for your leadership and concern for the planning and construction of roads in our community. Please feel fi'ee to contact me at 592-9115 with any questions or concerns. Since~..-"'"'-x. _ ~.~d C~mmunities~ cc''~-- Rick Melson, CBIA Pg ..... _. [ -' Committee members Information Center: 5(i45 Strand Ih)uh!vard. Naph's. I,'lorida 341 I0 · 941-592-0321 · Fax 941-596-2237 AGENDA I~,M No. tF') _ OCT 1 2 1999 Thc Club at The Strand: 51',40 Strand Ih}uh,vard, \ai)lvs, I,'h}rida :14110 · 941-592-7710 · Fax 941-396-5(}76 CBIA Transportation Task Force Nell Dorrill, Chairman August 27, 1999 Collier County Transportation Policy Issues The Transportation Task Force has identified a number of issues that deserve the attention of the CBIA Leadership. As it relates to the building industry, the transportation system, is paramount to the success of the industry as a whole, as well as to the success of individuals within the industry. If our community's transportation system fails, our business fails. Growth Management laws create a direct relationship between the success (or failure) of the transportation infrastructure and the community's ability to grow ~d sustain itself. CBIA Leadership has always taken an active role to ensure that our elected leaders place the highest priority on providing a sound and efficient transportation infrastructure. To that end, the transportation Task Force would encourage the CBIA Leadership to consider the issues of Capital Funding and Capital Project Production and the following recommendations. Capital Funding - Finding the Funds to Build What is Needed The County has recently initiated a discussion related to the substituting of a sales tax for some of the current gas tax. A number of issues and concerns have been raised, and because all of the facts are not yet known, only some of the issues arc addressed here. Background: Current Available Sources include: * Collier County Gas Taxes - Statutory and Local Option · The current 6-cents Local Option Gas Tax was to sunset on August 31, 1999, but was re-authorized by the BCC on May 25, 1999 for 16 more ycars. , The .current 5-cents Local Option {Sas Tax will sunset on December 31,2003 · Federal & State Oas Taxes - come back to Collier County based upon statutory formula and statewide needs · Road Impact Fees - assessed locally for capacity improvements and held almost exclusively for use on non-State roadways. Thc County is currently undergoing a review of the Road Impact Fee Ordinance, its methodology, formulas and variable factors (c.g., roadway construction and R/W costs, trip generation, travel distances, etc.) that axe used to calculate thc appropriate fees for different land uses · Private Developer Contributions (usually subject to future road impact fee credits) Other Sources Not Currently Available or Utilized · TolJs · I Penny Infrastructure Sales Surtax (requires a referendum) AGENDAI'TEM __ 1999 _ _ _ Capital Project Production - Moving Projects through the Pipeline from Concept to Completion Project Production The Current County administrative hierarchy places the responsibility of moving ro improvements through thc "pipeline" in the hands of no less than four agencies, all of whc must coordinate and cooperate with each other in order to complete a project. The agencies involved in the production of road improvement prO3ects include: · The Metropolitan Planning Organization - trader the Community Development Divisior - responsible for the planning and overall timing of a project in order to achieve concurrene' · The County Transportation Department - under the Division of Public Works - [e for the overall balance of the transportation infrastructure, responsible for the decisi( n- making process involving design, R/W and permitting issues · The Public Works Engineering Department - under the Division of Public Works - larg ly responsible for the actual design and permitting process (in-house and consultant services) · Real Property Department - under the Administrative Services Division - responsible tUW acquisition (in addition, the Real Property Department works closely with the Attorney's office which has responsible for litigating eminent domain takings of land pubIic R/W purposes) Thc highest level of cooperation between these agencies is required to facilitate the :ly completion of projects. Responsibility and accountability, in all stages of the process is · iai. Decision-making must be coordinated and timely. Project oversight, by senior stuff and elected officials is key to the successful completion of a project. Recommendations: The County Manager should give consideration to thc potential for restructuring the hierarchy to effectuate a clear line of "command a~:d control": in order to place the administrative responsibilities for moving projects through the pipeline under a si division. In an effort to improve project oversight, one approach to consider would be to fol a County Manager Capital Projects Oversight Committee (CPOC), an ad hoc committee r~ade up of industry representatives w/expertise in areas of transportation, construction, real estate/appraisal, etc., appointed by, and reporting to the, County, Managar. lThe Committee's function would be to monitor the capital projects pipeline' and serv~ the managcr as a resource for helping the County Departments manage their work programs effectively. No, )~ OCT 1 2 1999 pg. ~> Following the re-authorization of the 6-cents gas tax earlier this yea.r, what is on the table for consideration, is substituting a new 1-cent sales surtax for the current 5-cents gas tax that wi]l expire December 31, 2003. · The County Commission supported the re-levying of the 6-cents that was due to expire August 31, 1999. · The County's failure to re-impose that tax would have had disastrous impacts on the current (and future) work program. Re-adopting the Local Option Gas Tax (5-cents) v. Replacing it with the Sales Tax (requires a referendum) · There arc various statutory deadlines for filing a notice of intent with State re: stopping gas tax and starting sales tax · There is a Sales Tax referendum ballot deadline for some future election day · Initiation of the collection, if approved, begins Januazy 1, following the election What happens if it fails? · Th: Local Option Gas Tax (or some other comparable revenue source) would have to be re- levied in order to preserve the integrity of the County's Capital Improvement Program (with respect to road improvement funding) A number of questions remain unanswered. For what purpose will the surtax be put, e.g., roads, drainage, public buildings, etc. Should both the surtax and the gas tax (all or part) be used to fund infrastmctLue improvements. Which is thc better revenue stream from a public policy perspective? What are the advantages and disadvantages to the building industry? As of this writing, it is the County Staffs intent lo bring the issue back to the Board of County Commissioners in October 1999 for further direction. Recommendations: More research and debate is needed relative to the pros and cons of sales .tax revenue source versus the gas tax revenue source before a recommendation can be made to CBIA leadership. It is recommended that the CBIA leadership host a presentation by Cotmty Staff to learn more about the benefits of the Sales Tax as a revenue source. AGENDA ITEM No._ 4C~ Project Reporting and Accountability - Quarterly Capital Projects Status Reporting In past years, the then Office of Capital Projects Management (OCPM), the predecessor to th~ current Public Works Engineering Department (PWED). employed an elaborate and tim[e consuming project tracking and reporting system to keep staff, elected officials and to degree the public aware of project status. Unfortunately, the process was extremely labdr intensive, and failed to provide the appropriate level of detail for different audiences, and h, since been abandoned for a less intensive internal reporting system. The County Public Works Administrator recognizing the need for a "friendlier" project reporting system, implemented a new and improved system to help interested parties informed about the status of projects in thc capital projects pipeline, project status repons made to the Commission (and the public) on a quarterly basis and are conveniently posted on County's Web Page. Additionally, more detailed in.formation is be made available upon to those interested. The Administrator is always receptive to suggestions for improving the nc reporting process to better serve those interested Recommendation: · Review the new project reporting process and make suggestions for improving the process. AGENDA ITEM No. )0 ~,, 0 CT 1 2 1999 EXECUTIVE SUMMARY PETITION R-99-1, GEOFFREY G. PURSE OF PURSE AND ASSOCIATES, INC., REPRESENTING SUNSET HARBOR CLUB, REQUESTING A REZONE FROM C-4 TO RMF-12(8) FOR PROPERTY KNOWN AS SUNSET CAY, LOCATED APPROXIMATELY 695 FEET SOUTH OF U.S. 41 EAST ON NEWPORT DRIVE AT PORT OF THE ISLANDS PHASE ONE, IN SECTION 9, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 6.85 __+ ACRES. OBJECTIVE: The petitioner is seeking to rezone the subject parcel from "C-4" General Commercial to "RMF-12(8)" Residential Multi-Family with a maximum density of eight (8) dwelling units per acre in order to develop a multi-family condominium project consisting of approximately five (5) buildings with a total of 52 dwelling units on 6.85 acres of land. CONSIDERATIONS: The site is located in the Port of the Islands development area and is known as Sunset Cay. The subject property is part of the Port of the Islands mixed use development and has access to U.S. 41 East via Newport Drive. The property is mostly vacant except for an abandoned asphalt runway that runs from north to south through the property. Staff is of the opinion that a rezoning of the subject property to RMF-12(8) zoning is compatible with its surrounding environs and approved plans for similar residential development located adjacent to this site on its south side. Maximum eligible residential densities in the Urban Residential Subdistfict are determined through the Density Rating System provided in the Growth Management Plan (GMP). The Density Rating System allows conVersion of commercial zoning to residential zoning within an Urban Residential Density Area when it is not located within an Activity Center. This proposed rezoning will reduce the commercial area by 6.8 acres, which qualifies the subject property for up to 16 dwelling units per acre. The applicant is only requesting RMF-12 (twelve units per acre) with a density cap of eight units per acre. This is far less density than the maximum density provided for in the GMP, thus, the requested zoning action appears to be consistent with the GMP Future Land Use Element (FLUE) Policy 5.1, which requires that all rezonings be consistent with the GMP. The GMP addresses Port of the Islands as being "a unique development which is located in the Urban Designated Area, but is also totally within the Big Cypress Area of Critical State Concern" (page LU-I-45 of the GMP). The GMP also mentions the vested status of the development as recognized by the State of Florida, thus exempting it fi.om requirements of Chapter 380, F.S., with the exception of a settlement agreement between the developer and the Florida Department of Community Affairs (DCA). That agreement recognizes that the density of the development in the remainder of the project shall b.e in .... 1999 accordance with the existing zoning on said parcels or of lesser density if the density is reduced by Collier County. Furthermore, the developer met with the DCA to address all questions regarding the development agreement. With respect to that agreement, the DCA determined that this rezone, and another located on the north side of U.S. 41, does not require an amendment to the comprehensive plan or to the development agreement provided that the developer agrees to reduce density on the north side of U.S. 41 by fifty- two dwelling units to offset the increased residential density proposed by this rezone (see attached letter to Bowman dated August 19, 1999). The applicant was granted a waiver to the Environmnental Advisory Committee review due to the fact that the site was already disturbed and developed with an airstrip, and has very little native vegetation. The proposed residential project will cause little or no impact to the site. PROS/CONS: Pros (1) This petition is consistent with the locational criteria for multi-family development as it applies to the Future Land Use Map (FLUM) and the Future Land Use Element (FLUE) of the County's Growth Management Plan. (2) It is consistent with other applicable elements of the GMP. A rezoning action from C-4 to RMF-12(8) would not change any level of service relationship in a negative manner. (3) It is consistent with the development agreement between DCA and the developer. (4) Density and intensity would be reduced according to generally accepted planning principles and potential traffic impacts would be reduced as stated in Staff's report. (5) A reduction of 6.8 acres of future commercial use will still leave five acres of commercial area which is ample for future services. (6) Adequate water and sewer is available for the proposed units according to the Port of the Islands Community Improvements District. This will be ensured due to a transfer of 52 dwelling units from the petitioner's property located on the north side of U.S. 41 East, as required by the modified development agreement between the applicant and the DCA (see attached letter to Bowman dated August 19, 1999). Cons (1) Any increase in density or intensity may be perceived as negative by existing residents. FISCAL IMPACT: Sunset Cay is a multi-family PUD located just south of U.S. 41 East on Newport Drive. At build out, based upon authorized uses and planned intensity of development, the following revenue is estimated. OCT 1 2 1999 Impact Fees Park Impact Fee: Library Impact Fee: Fire Impact Fee: School Impact Fee: Road Impact Fee: Radon Impact Fee: EMS Impact Fee: Bldg. Code Adm.: Micro Film Surcharge: $578.00 per unit x 52 du's = $180.52 per unit x 52 du's = $0.15 per Sq. Ft. of bldg. area ~ 3,000 SF x 0.15 x 52 = $1,778.00 per unit x 52 du's = $1,379.00 per unit x 52 du's = $.005 per Sq. Ft. of bldg. area ~ .005 x 3000 x 52 = $14.00 per unit x 52 = $0.005 per Sq. Ft. of bldg. area ~ .005 x 3000 x 52 = $2.00 per unit x 52 = TOTAL IMPACT FEES $ 30,056.00 9,360.00 23,400.00 92,456.00 71,708.00 780.00 10,192.00 780.00 104.00 $ 238,836.00 The average total size of the proposed dwelling units is 3,000 square feet. This project will provide 49-52 dwelling units of this size, therefore, the estimated total amount of impact fees collected at build out will total $ 238,836.00+. This is a raw estimate based on current impact fees and proposed dwelling units. In addition to the impact fees described, there are building permit review fees and utility fees associated with County water and sewer connections. Building permit fees have traditionally off-set the cost of administering the community development review process, whereas, utility fees are based on their proportionate share of impact to County utilities. Finally, additional revenue is generated by ad valorum taxes. The amount of revenue generated by the ad valorum tax depends on the value of the improvements. At this time, staff has not developed a method to arrive at a reasonable estimate of tax revenue based on ad valorum tax rates. . The above discussion deals with revenue streams. Keep in mind, any discussion of fiscal impact analysis is incomplete without an estimate of costs that will be generated by a particular land development project. But, at this time, staff has not developed a method by which to estimate the cost of a particular land development project. Such a model, in our opinion, would be misleading because there is no certain way, with respect to housin projects, to determine their value and likelihood that not all of the authorized development will occur. Regardless of a lack of methodologies to determine all of the fiscal impacts of a land development project, development still has concurrency relationships or limitations. When levels of services (LOS) fall below County adopted standards, a mechanisn place that would require that building activities would cease until such a time as is in 0( 1999 additional facilities are provided for by the developer or made available by the County. Certain LOS standards also would require a countywide concurrency determination versus an area or local determination such as for roads. The proposed Sunset Cay will not cause County LOS to be exceeded. This rezoning by and of itself will have little or no fiscal impact on the County. GROWTH MANAGEMENT IMPACT: The approval of this rezoning request will not affect or change the requirements of the Growth Management Plan. The DCA will not require the applicant to apply for a comprehensive plan amendment. The rezoning of this property should also help reduce any potential impacts. HISTORIC/ARCHAEOLOGICAL IMPACT: StafFs analysis indicates that the petitioner's property is not located within an area of historic/archaeological probability as designated on the official Collier County Probability Map. PLANNING COMMISSION RECOMMENDATION: At the April 1, 1999 meeting of the Collier County Planning Commission, the Planning Commission voted six to one to recommend approval of Petition R-99-1, Sunset Cay, to the Board of County Commissioners subject to the condition that the Port of the Islands Community Improvement District has adequate water and wastewater capacity available for Sunset Cay. Although it is not clear as to why a dissenting vote was cast, it was more than likely due to testimony by the residents of Port of the Islands regarding their concernS of whether water and wastewater capacity would be available. This question was addressed at the CCPC, and the capacity will be ensured because of the decrease of 52 units north of U.S. 41 East as agreed between the applicant and the Florida Department of Community Affairs. This will allow transfer of the previously allocated capacity to the proposed Sunset Cay subdivision. AGENDA OCT 1 2 1999 PREPARED BY: DATE RE/¥1EWED BY: CURRENT PLANNING MANAGER DATE P~O~ERT J. MULHE~ PLANNING SERVICES DEPARTMENT DIRECTOR DATE VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE Petition R-99-1 Sunset Cay rezone. Continued from the April 27, 1999 BCC meeting. Tentatively scheduled for the October 12, 1999 BCC meeting. OCT 1 2 1999 DEPARTMENT JEB BUSH Governor STATE OF FLORIDA OF COMMUNITY AFFAIRS "Helping Floridians create safe, vibrant, sustainable communities" STEVEN M. SEIBERT Secretary August 19, 1999 By Facsimile [224-8551] and U.S. Mail Elizabeth C. Bowman, Esq. Hopping Green Sams & Smith, P.A. 123 South Calhoun Streef Post Office Box 6526 Tallahassee, Florida 32314 Re: Port of the Islands, Collier County, Rezonings Dear Ms. Bowman: Thank you for your letter dated July 23, 1999, concerning proposed rezonings for two properties within the "Port of the Islands" development. Based on the representations in your July 23~ letter along with previous representations made in your May 7~' letter, I believe we have reached agreement on both rezones, which may now proceed without Department objection. Specifically, the Department had three concerns regarding the rezones. The first concern was procedural, and questioned whether the rezones must be accompanied by amendments to the Collier County Comprehensive Plan and the 1985 Development Agreement. The Department concurs that the subject rezones, as qualified by your letters, do not require amendments to either the Comprehensive Plan or Development Agreement. The second area of concern was the possibility for increased densities and facility demands in the coastal high hazard area. Based on the representation in your July 23~ letter that Ms. Hardy will reduce the density in rezone 99-04 by fifty-two dwelling units to offset any increase in residential uses allowed by rezone 99-01, this issue h~ been fully addressed. Finally, the Department raised concerns regarding a proposed shoreline alteration and the loss of native vegetation. Based on your representation that the shoreline alteration is no longer being pursued and the conclusions regarding native vegetation in Tim Hall's July 1, 1999 letter to Bob Duane, these concerns have been addressed. 2555 SHUMARD OAK BOULEVARD · TALLAHASSEE, FLORIDA 32399-; Phone: (850) 488-8466/Suncom 278-8466 FAX: (850) 921-0781/Sun¢om 291-0 Internet address: http://www.state.fl.us/comaff/ FLORIDA KEYS 2796 Ove~ee~ H~y, ~e 212 ~ AGENDA ITEM OCT 1 2 1999 SWAMP F'~4cl Elizabeth C. Bowman, Esq. August 19, 1999 Page Two In sum, if Mr. Hardy pursues and obtains rezones 99-01 and 99-04 as modified by the conditions outlined in your May 7t~ and July 23ra letters, the Department will not appeal those rezones under Chapter 380, Florida Statutes. If you have any further questions, please contact Shaw Stiller, Assistant General Counsel, at 850/488-0410. cc:\ Rebecca Jetton Marjorie Student, Assistant Collier County Attorney Robert J. Mulhere, Director, Collier County Planning Services Department Sincerely, J. Thomas Beck, Director Division of Cornmunity Planning A~.NI)A ITL OCT 1 2 1999 AGENDA ITEM 7-C TO: FROM: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DMSION DATE: APRIL 1, 1999 RE: PETITION NO: APPLICANT/AGENT: Applicant: Agent: R-99-1, Sunset Cay Sunset Harbor Club 4500 Executive Drive Naples, FL 34119 Geoffrey G. Purse Purse and Associates, Inc. 4450 Bonita Beach Road, Unit 9 Bonita Springs, FL 34134 REQUESTED ACTION: This petition seeks to rezone the subject property from "C-4" General Commercial to "RMF-12 (8)" Residential Multi-family, in order to develop 52 multi-family dwelling units on 6.8 acres of vacant land. GEOGRAPHIC LOCATION: The subject site is located approximately 695 feet south of U.S. 41 East on Newport Drive. It is part of Port of the Islands Phase One, in Section 9, Township 52 South, Range 28 East (see location map on following page). PURPOSE/DESCRIPTION OF PROJECT: The petitioner is requesting a rezoning to allow the development of 52 multi-family homes by changing the zoning district fi-om General Commercial, C4 to Residential Multi-family, RMF- 12(8) with a density cap of eight dwelling units per acre (see Rezone Master Plan attached). The subject property is part of the Port of the Islands mixed use development and is located approximately 695 feet south of U.S. 41 with access via Newport Drive. The property is mostly vacant except for an abandoned asphalt runway that runs from north to south through f e AGENOA I!F.M OCT 1 2 1999 { 2 {999 ~:::z::]l::::::::; ' I~EOE~VED) I : R 09-01 r~.~ SURROUNDING LAND USE AND ZONING: Existing: .The subject 6.85 acre site is currently an undeveloped parcel containing an abandoned airstrip runway that is zoned C-4, General Commercial. Access is to U.S. 41 via Newport Drive. Surrounding: North: The property to the north is zoned C-4, General Commercial, and is currently undeveloped. That property is part of the existing Sunset Cay development. South: The property to the south is zoned RMF-16, Residential Multi-family, and is currently developing with condominiums. East: The property to the east is zoned C-4, General Commercial, and is presently developed with tennis courts, a marina, and residential dwellings between the subject property and the Fahka Union Canal. To the northeast is the closed hotel/convention facility (Remuda Ranch). West: The property to the west is undeveloped and zoned A, Agricultural, with a Special Treatment Overlay (ST) and is within the Area of Critical State Concern (ACSC). GROWTH MANAGEMENT PLAN CONSISTENCY: The site is located within an Urban-Mixed Use, Urban Residential Density Area, that encompasses the Port of the Islands development located on both the north and south sides of U.S. 41. The Urban Residential Subdistrict allows higher densities in areas with few natural resource constraints and where existing and planned public facilities are concentrated. Maximum eligible residential densities in the Urban Residential Subdistrict are determined through the Density Rating System provided in the GMP. The Density Rating System allows conversion of commercial zoning to residential zoning within an Urban Residential Density Area when it is not located within an Activity Center. The GMP provides 16 dwelling units per acre in this case, but the applicant is requesting RMF-12 (twelve units per acre) with a density cap of only eight units per acre. This is far less density than the maximum density provided for in the GMP. The requested zoning action is therefore consistent with the GMP Future Land Use Element (FLUE) Policy 5.1, which requires that all re'zonings be consistent with the GIMP. This site was also part of a settlement agreement between the developer and the Florida Department of Community Affairs (DCA). That agreement recognizes the existing development plans for this phase of development (Parcels 1I and m) as long as it is "...consistent with the general development for that property for uses ofmultifamily and single family residential stm :tur~. OCT 1 2 1999 with related commercial uses, all in accordance with zoning thereof, provided developer develops in accordance with the provisions hereof using Best Management Practices for control and discharge of surface water and storm water nmoff." Regardless of the settlement agreement, the subject petition is consistent with the locational criteria for multi-family development aa it applies to the Future Land Use Map and the Future Land Use Element of the County's Growth Management Plan. Regarding other applicable elements of the GMP, Staffs opinion is that a rezoning action from C-4 to RMF-12(8) would not change any level of service relationship in a negative manner. HISTORICAL/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical/archaeological probability aa designated on the official Collier County Probability Map. Therefore, no historical/archaeological survey and assessment are required. However, the applicant/owner is required, pursuant to Section 2.2.25.8.1. of the Land Development Code, if during the course of site clearing, excavation or other construction activity an historical or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. 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 Specialists and Engineering Staff, and the Transportation Services Division Staff. This petition was administratively reviewed on behalf of the EAB and Staff recommended approval. ANALYSIS: An appropriate evaluation of petitions for rezoning should establish a factual basis for decision making 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 furore 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. This is usually a consideration during the analysis of 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 authorizes the use of land for a specific development strategy, provided the developme ~t of ~lc~O~oA ff~ 3 OCT 1 2 1999 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, whether 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 and requires Staff evaluation and comment. These criteria form the basis for a recommendation of approval or denial by the Planning Commission to the Board of County Commissioners, who may modify that approval. Notwithstanding the above, Staff in reviewing the determinants for adequate findings to support a rezoning action advises 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 plarming refers to the relationship of the proposed zoning action to the Furore Land Use Element of the Collier County Growth Management Plan. The Land Development Code provides for zoning district(s) within the Urban Mixed Use, Urban Residential Subdistrict land use designation, which permits mixed uses characterized as commercial and multi-family residential use and where existing and planned public facilities are concentrated. In the opinion of Staff, an action to rezone the property to RMF-12(8) for multi- family use meets the criteria for serving the community at large and is consistent with the FLUE. It ks not sufficient that a petition only needs to show consistency with the GMP in order to justify a rezoning action. Other factors are equally important and include the following: Compatibility - Thc existing zoning for Port of the Islands was approved prior to amending the LDC in 1991 (LDC-91), including the C-4 zoning designated on the subject parcel. Port of the Islands was vested for the residential and commercial zoning, which was recognized later by DCA in a settlement agreement between that agency and the developers. Most of the development has already occurred with the exception of this commercial area and some residential units located to the south of the subject property. It is likely that there is more demand for additional residential units at this location rather than large scale commercial development. This request will reduce the area zoned C-4 leaving a commercial area that is about five acres in size. This request will allow the site to meet its development potential and will reduce the possibility of fi~ture impact to the existing residential nei~hborhooch such as would occur with a larger commercial projecL Therefore, Staff is of the opinion that a re'zoning of the subject property to a R_MF-12(8) zoning district will be compatible with abutting and nearby development. The property immediately abutting the subject site to the south is RMF-16, and the propert ( a~:~A the subject site to the northeast is Residential Tourist, RT, respectively. Both of these ~ijac~.t OCT 4 12 1999 designations allow similar homing. Furthermore, existing residential has developed with similar densities as would be allowed if this request is approved. In summary, the proposed rezoning is compatible with the existing development density at Port of the Islands, which has zoning that allows three, four, and 16 residential dwelling units per acre (RSF-3, RSF-4, and RMF-16 ). It will also be compatible with other existing facilities including a marina, hotel and convention facilities, and water treatment and sewage facilities established by previous owners (Rernuda Ranch). The remaining property abutting the north side of the subject site will remain C-4, General Commercial, but the reduction in the potential commercial intensity as a result of this request will help make any commercial development less intrusive to the existing neighborhood. Timing - There are no issues of timing. Construction of residential units in the remaining RMF- 16 district to the south is underway and this property will likely develop within the next few years. The site can be served with available community infrastructure and utilities. The Port of the Islands Community Improvement District has sufficient capacity for water and sewer service. Traffic - Staffhas reviewed the applicant's Traffic Impact Statement (TIS) and has made the following determination that the proposed development will generate approximately 374 trips per weekday (AADT) with 36 trip ends occurring during the afternoon peak hour. Considering this data, the site generated traffic will not exceed the significance test standard (five percent of the LOS "C" design volume) on U.S. 41. In addition, this project will not lower the level of service below the LOS "D" standard on any County road within the project's radius of development influence (R.DI). Furthermore, a comparison of trip generation for the existing C-4 zoning versus the proposed RMF-12(8) zoning indicates that the site if developed with specialty retail uses (LU: 814) could generate approximately 2,400 average trip ends on a weekday. Developed as a shopping center (LU:820), trip ends could be as high as 4,200 trips per weekday. As a result, if this petition is approved and the subject property is developed as multi-family, there would be an estimated reduction of approximately 3,836 average trips per weekday. The Traffic Circulation Element (TCE) lists this segment of U.S. 41 as a two lane arterial road fronting the project. The current traffic count for this road is 4,536 ADT which results in a LOS "B" operation. It should be noted that this two lane road segment is not projected to be deficient at the build out of this project. Therefore, this project is deemed consistent with Policies 1.3, 1.4, 5.1 and 5.2 of the TCE. STAFF RECOMMENDATION: Staff recommends that the CCPC should forward this petition to the Board of County Commissioners with a recommendation for approval having the effect of rezoning certain lands from "C-4", General Commercial, to "RMF-12(8)', Residential Multi-family, as described in the recommended Ordinance for Adoption. 5 OCT 1 2 1999 .,. /F PREPARED BY: PRINCIPAL PLANNER DATE REVIEWED BY: O, AICP CURRENT PLANNING MANAGER DATE ~HERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR DATE APPROVED BY: VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE Petition Number: R-99-1, Sunset Cay Staff Report for April 1, 1999 CCPC Meeting. NOTE: This Petition has been tentatively scheduled for the April 27, 1999 BCC Meeting. COLLIER COUNTY PLANNING COMMISSION: 6 ACtA ITEM OCT 1 2 1999 REZONE FINDINGS FOR PETITION R-99-1 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: 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: The proposed change will reduce the intensity of use and the impact to the road level of service, which is consistent with Policies 5.1, 5.4 of the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). The Urban Residential Density Matrix allows for 16 dwelling units per acre when commercial zoning is converted to a residential use, but the applicant is requesting RMF-12 with a density cap of eight units per acre. 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. Existing: The subject 6.85 acre site is cun'ently an undeveloped parcel containing an abandoned airstrip nmway that is zoned C-4, General Commercial. Access is to U.S. 41 via Newport Drive. Surrounding: North: The property to the north is zoned C-4, General Commercial, and is currently undeveloped. That property is part of the existing sunset Cay development. South: The property to the south is zoned RMF-16, Residential Multi- family, and is currently developing with condominiums. Exhibit "A' AGENDA ITEM OCT 1 2 1999 East: The property to the east is zoned C-4, General Commercial, and is presently developed with tennis courts, a marina, and residential dwellings between the subject property and the Fahka Union Canal. To the northeast is the closed hotel/convention facility (Remuda Ranch). West: The property to the west is undeveloped and zoned A, Agricultural, with a Special Treatment Overlay (ST) and is within the Area of Critical State Concern (ACSC). Pro: The proposed change will be compatible with the existing land use pattern of the Port of the Islands development and, in fact, probably will enhance the development by reducing the potential for higher intensity commercial use on U.S. 41 at the entrance to the development. Con: None. A more intense pattern has already been established. Summary Findings: The proposed rezoning and subsequent use of the property for multi-family development is compatible with the surrounding properties which contain multi-family use to the south and east. e The possible creation of an isolated district unrelated to adjacent and nearby districts; Pro: The zoning is already established and most of the development has occurred in the residential districts located to the south of this proposed rezoning. 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 east are developed with uses permitted in the RT and the C-4 zoning districts and which primarily serve the residents of Port of the Islands. The property to the north will remain C4. The properties to the south are zoned RMF-16 but have similar densities to the proposal. AGENDAJTFr. OCT 1 2 1999 /2' e 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 they are consistent with the GMP and with existing development. 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 GM? remains consistent. 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 GM? presently remains consistent. Furthermore, with the near build out of residential units in this development, it appears that market conditions would be more favorable to additional multi- family dwelling units and less intensive non-residential uses at this location. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro: Some people may find any form of non-residential land use in this area as offensive and adversely influencing their perception of neighborhood conditions and their perceived quality of life. A reduction of commercial zoning and a less intense residential use will probably be well received by the residents. Con: Some people may perceive that any form of non-residential development will be offensive and will adversely affect their neighborhood. 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 GM? and because the proposed intensity of use will reduce future impact potential to the development. The development standards of the proposed development will be similar to those already established. OCT 1 2 1999 Whether the proposed change will -reate 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 GMP and was found consistent. A statement advising that this project when developed will not excessively increase traffic congestion was included in the Staff report. Whether the proposed change will create a drainage problem: Pro/Con: Evaluation not applicable. Summa~ Findines: 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 deficiencies would be further exacerbated by developing vacant land, the County is required to react through its Concurrency Management System. Whether the proposed change will seriously reduce light and air to adjacent areas: Pro/Con: Evaluation not applicable. Summary Findines: All projects in Collier County are subject to the development standards that are unique to the zoning district in which they are located. These development standards and others apply generally and equally to all zoning districts (i.e., open space requirement and corridor management provisions) and were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. The design of any future residential dwellings, and the reduced density potential created by the proposed down zoning, should mitigate any negative con, tt~on~noA any nearby residential units. OCT 1 2 1999 4 10. 11. 12. Whether the proposed change wffi adversely affect property values in the adjacent area: Pro/Con: Evaluation not applicable. Summary Findings: This is a subjective detennination 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. 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 soundapplication 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. Furthermore, surrounding properties which are developed appear to be in excellent condition. 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 thc public interest. A~r.N~A ITE~ OCT 1 2 1999 PS. ~) 13. 14. 15. Whether there are substantial reasons why the property cann ~t 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 and the changing market conditions. Whether the change requested is out of scale with the needs of the neighborhood or the County: Pro: The reduction of non-residential uses will probably result in a much better scale of development that will mostly provide just commercial conveniences for residents. The impact to the existing residential neighborhood should also be reduced, especially by decreasing potential non-residential traffic that would drive through the development. Con: Evaluation not applicable. Summary Findines: The proposed development comphes with the Growth Management Plan, a policy statement that has been used to evaluate the scale, density and intensity of land uses deemed to be acceptable for this site. Impacts should be decreased and commercial scale will likely be adjusted to a neighborhood scale. 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 a limited number of sites within this area that 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. Determining whether or not the proposed zoning action is appropriate at this site is based on an evaluation of its consistency with all elements of the GMP, compatibility with surrounding development, adequacy of infrastructure, and to some extent the timing of the action. 6 OCT 1 2 1999 16. The physical characteristics of the property and the degree of site alteration that 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. Summary Findings: Public facilities are available, including water and sewer from the Port of the Islands Community Improvement District, and their Level of Service is commensurate with Adequate Public Facilities standards AGENDA I~ OCT i 2 1999 ORDINANCE NO. 99- AN ORDINANCE AIVI~NDING ORDINANCE NUMBER 91-102, THE COLLlr~ 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 2800N BY CHANGING THE ZONING CLASSIFICATION OF ~ HEREIN DESCRIBED PROPERTY LOCATED ON U.S. 41 EAST AT THE NORTHWEST CORNER OF PORT-OF-THE-ISLANDS PHASE ONE (SUNSET CAY) IN SECTION 09, TOWNSHIP $2 SOLrI~, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, FROM C-4, GENERAL COMMERCIAL TO RMF-12 FOR KESIDENrrIAL MULTI-FAMILY; PROVIDING FOR STAFF AND PLANNING COMMISSION STIPULATIONS; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Geoffrey G. Purse of Parse Associates, Inc., representing Sunset ~ Club, petitioned the Board of County Commi~ioners to change the zoning classification oftbe berem descn~oed real property; NOW, THEREFORE BE 1T ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF · COLLIER COUNTY, FLORIDA: SECTION ONE: The zoning classification of the real property as more particularly described by Exhi'bit "A", attached hereto and incorporated by reference herein, and located m Section 9, Township 52 South, P,~uge 28 East, Coil/er County, Florida, is changed fi.om "C--4" to "RMF*12(8)" and the Official Zoning Atla~ M~ Number 2809N, as described m Ordinance 91-102, the CoRier County Land Development Code is hereby amended accordingly. The hereto described real property is the same for which the rezone is hereby approved. SECTION TWO: This Ordinance shall become effective upon £flmg with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of , 1999. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLOKIDA A'I'I'~ST: DWIGHT E. BROCK, CLERK BY: Pamela S. MacKie, Chain~onmu APPROVED AS TO FORM AND LEGAL SUFFICIENCY MARJO~lm M. STUDENT ASSISTANT COUNTY ATrORNEY tTR-~- I REZONE OCT 1 2 1999 N B1~4520' ~1 377.03' ~¥ Exhibit of 2 F.W. ~.L' ROWF_ PL$ 0~flNIS Iv[ PORTF. hLA SR_ ~ 23B4 LINVVOO~ AV~_ NAI=t.E.~ FLORIDA 34112 PHON~ FAX g41-7-/5-64~5 MAILING ADDRESS: P.O. BOX 10065 NAPI-Ir$. IrLOt:~IDA 34101 A PARCEL OF LAND LOCATED IN THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 9, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHWEST CORNER OF PORT-OF-THE-ISLANDS, PHASE ONE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 13, PAGES 122 AND 123 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE NORTH 89'43'20" WEST, FOR A DISTANCE OF 0.70 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUE NORTH 89'43'~0#' WEST EOR A DISTANCE OF 377.03 FEET TO A POINT ON THE WE~T LINE OF THE SOUTHEAST QUARTER OF SECTION 9, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN NORTH 00'17'01"' EAST, ALONG THE WEST LINE OF THE SOUTHEJ%~T QUARTER OF SA. ID SECTION 9, FOR A DISTANCE OF 839.09 FEET TO A POINT; THENCE LEAVING THE WEST LINE OF SAID SECTION 9, RUN SOUTH 75'39'13"" EAST FOR A DISTANCE OF 388.51 FEET TO A POINT ON THE WEST LINE OF A 60 FOOT ROAJ)WAY EASEMENT RECORDED IN OFFICLAL RECORDS BOOK 1144, PAGE 1195; THENCE ALONG THE WEST LINE OF SAID 60 FOOT RQADMAY EASEMENT, SOUTH 00'16'40" WEST FOR A DISTANCE OF 744.48 FEET TO THE POINT OF BEGINNING. CONTAINING 6.85 ACRES, MORE OR LESS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS SHOWN HEREON REFER TO THE WESTERLY BOUNDARY OF PORT-OF-THE-ISLANDS, PHASE ONE, AS RECORDED IN PLAT BOOK 13, PAGES 122 AND 123, COLLIER COUNTY, FLORIDA, AS BEING SOUTH 00'16' 40" WEST Date: December 7~1998 Dennis M. Portella, Sr. PLS#4504 Not valid unless signed and sealed with an embossed seal. Exhibit "A" 2 of 2 ' 99 . ~ ~NDA I~ ~ OCT 12 1999 EXECUTIVE SUMMARY CU-99-18, BLAIR A. FOLEY, PE, OF COASTAL ENGINEERING CONSULTANTS, INC., REPRESENTING ROBERT KEENAN, REQUESTING CONDITIONAL USE "24" OF THE "A" ZONING DISTRICT FOR A DOG KENNEL ON LESS THAN 20 ACRES OF LAND, IN SECTION 36, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 1.3+1-ACRES. OBJECTIVE: The Petitioner requests Conditional Use approval, per Section 2.2.2.3.24 of the Collier County Land Development Code, for a dog kennel on a parcel less than 20 acres in size. CONSIDERATIONS: The applicant requests a Conditional Use in order to construct and operate an indoor dog kennel on the 1.3+ acre site. A Conditional Use is required because the parcel is a legal non-conforming lot, less than 20 acres in size. The building will be constructed of concrete block, completely enclosing the kennels and attenuating noise and odor concerns. It will also serve as a "hurricane shelter" for pets. The dogs will be housed inside the building. Due to the relatively Iow traffic volume generated by the proposed kennel, and the fact that an existing road will be utilized, the traffic ingress and egress to the facility should operate adequately and with an acceptable level of safety. FISCAL IMPACT: If this petition is approved, the use as a kennel will have no fiscal impact on Collier County, except for impacts normally associated with development. GROWTH MANAGEMENT IMPACT: Since kennels are recognized as agricultural uses of land in Agricultural/Rural designated areas, this Conditional Use request has been determined to be consistent with the Future Land Use Element of the Growth Management Plan. Consistency with the Land Development Code will be determined at the time of Site Development Plan review. The completed application for the Massey Street Kennel was received after June 22, 1999. However, kenneling is a use listed in the Land Development Code (Section 2.2.2) in effect on June 22, 1999 and is not one of the prohibited uses. Therefore the etifinn NO. ~ OCT ! [ 1999 Pg. is consistent with the Administration Commission's Final Order. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's 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, no survey or Waiver of Historic and Archaeological Survey & Assessment is required. PLANNING COMMISSION RECOMMENDATION: This petition was scheduled for the September 2, 1999 meeting of the Collier County Planning Commission, however, the petitioner requested and was granted a continuance until the meeting of September 16, 1999. Since this Executive Summary was prepared prior to that date, the Planning Commission recommendation will be presented verbally to the Board of Zoning Appeals. Staff recommended that the CCPC forward petition CU-99-18 to the BZA with a recommendation of approval subject to the stipulations in the resolution. PREPARE//~Y: ~L~LANNER CURRENT PLANNING REVIEWED BY: DATE DATE PLANNING SERVICES DIRECTOR DATE APPRgVED BY: · VINCENT A. CAUTERO, AICP DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR executive summanj/CU-99-18 AG EI~ D=~ ~T .E~i~ OCT 1 g 1999 pg. ~ MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: FRED REISCHL COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: AUGUST 11, 1999 RE: CU-99-18 PROPERTY OWNER/AGENT: OWNER: Robert S. Keenan Cynthia A. Keenan 485 19th Street NW Naples, FL 34120 AGENT: Blair Foley, PE Coastal Engineering Consultants, Inc. 3106 South Horseshoe Drive Naples, FL 34104 REQUESTED ACTION: The Petitioners request Conditional Use approval, per Section 2.2.2.3.24 of the Collier County Land Development Code, for a dog kennel on a parcel less than 20 acres in size. LOCATION: The subject parcel is located at the comer of Massey Street and Woodstork Avenue (both private streets) approximately one mile east of CR 951, in Section 36, Township 48 South, Range 26 East. The site consists of approximately 1.3 acres. OCT I 2 1999 Pg. !i tit DESCRIPTION OF PROJECT: The applicant requests a Conditional Use in order to construct and operate an indoor dog kennel on the 1.3+ acre site. A Conditional Use is required because the parcel is a legal non-conforming lot, less than 20 acres in size. The building will be constructed of concrete block, completely enclosing the kennels and attenuating noise and odor concerns. It will also serve as a "hurricane shelter" for pets. The dogs will be housed inside the building. SURROUNDING LAND USE & ZONING: SUBJECT: SURROUNDING: North: East: South: West: Undeveloped property; zoned A Woodstork Avenue easement Sienna Avenue easement Undeveloped property; zoned A Massey Street easement GROWTH MANAGEMENT PLAN CONSISTENCY: The subject parcel is designated as Agricultural/Rural on the Future Land Use map of the Growth Management Plan. The Agricultural/Rural Land Use Designation is for those areas that are remote from the existing development pattern, lack public facilities and services, are environmentally sensitive or are in agricultural production. Urbanization is not promoted, therefore allowable land uses are of Iow intensity. A limited selection of land uses other than Iow density residential and agricultural is permitted. Among those are kenneling. Therefore, if the Board of Zoning Appeals approves a Conditional Use for a dog kennel, the petition shall be consistent with the Future Land Use Element of the Growth Management Plan. The completed application for the Massey Street Kennel was received after June 22, 1999. However, kenneling is a use listed in the Land Development Code (Section 2.2.2) in effect on June 22, 1999 and is not one of the prohibited uses. Therefore the petition is consistent with the Administration Commission's Final Order. HISTORICIARCHAEOLOGIGICAL IMPACT: Staff analysis indicates that the. petitioner's property in 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. OCT 1 2, 1999 ~ pg. _ _,,~ ~., TRANSPORTATION, INFRASTRUCTURE & ENVIRONMENTAL EVALUATION: The proposed kennel's impact on transportation, infrastructure, and the environment was reviewed by the applicable reviewing agencies and their comments have been incorporated into this Staff Report. STAFF ANALYSIS: Before any Conditional Use shall be recommended to the Board of Zoning Appeals, the Planning Commission shall make a finding that the granting of the Conditional Use will not adversely affect the public interest and that the specific requirements goveming the individual Conditional Use, if any, have been met by the Petitioner and that satisfactory provision and arrangement have been made concerning the following matters, where applicable: a. Consistency with the Land Development Code and the Growth Management Plan. Since kennels are recognized as agricultural uses of land in Agricultural/Rural designated areas, this Conditional Use request has been determined to be consistent with the Future Land Use Element of the Growth Management Plan. Consistency with the Land Development Code will be determined at the time of Site Development Plan review. The completed application for the Massey Street Kennel was received after June 22, 1999. However, kenneling is a use listed in the Land Development Code (Section 2.2.2) in effect on June 22, 1999 and is not one of the prohibited uses. Therefore the petition is consistent with the Administration Commission's Final Order. b. Ingress and egress to the 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 and catastrophe. PRO: The proposed kennel shall have access off Massey Street, There is very little pedestrian activity in this area. CON: Traffic volume on this segment of Massey Street and on Vanderbilt Beach Road will increase, but not to a significant degree. ANALYSIS: Due to the relatively Iow traffic volume generated by the proposed kennel, and the fact that an existing road will be utilized, the traffic ingress and egress to the facility should operate adequately and with an acceptable level of safety. 1999 c. The effect the Conditional Use would have on neighboring properties in relation to noise, glare, economic or odor effects. PRO: The kennel shall house dogs inside, with no extedor dog runs. CON: There may be some barking noise that escapes the kennel, however, this should be minimal. Since a kennel is a permitted use on a parcel greater than 20 acres, there should be no detrimental economic effect. ANALYSIS: Due to the inside kenneling, there should be minimal effect on surrounding properties. d. Compatibility with adjacent properties and other property in the district. PRO: Kenneling is a permitted use on parcels greater than 20 acres in size. CON: Noise from barking dogs may be more noticeable on a small parcel. ANALYSIS: The dogs shall be kenneled inside the building. Therefore, it is staff's finding that the proposed use is compatible with adjacent properties and other properties in the district. OCT 1 ~ 1999 PREPARED BY: FR~~LANNER CURRENT PLANNING R~)R'ALD F. NINO, AICP CURRENT PLANNING MANAGER DATE DATE R~B~RT J. MULHERE, AICP PLANNING SERVICES DIRECTOR DATE VINCENT A. CAUTERO, AICP DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR Petition CU-99-18 Scheduled for the September 2, 1999 CCPC meeting. COLLIER COUNTY PLANNING COMMISSION: MICHAEL J. BRUET, CHAIRMAN 5 OCT 1_ 2 1999 APPLICATION FOR PUBLI2 HI~.ARING FOR: { JUN 2.5 1.q.q.q Petition No.: C U 9 9 ' 1 ,q Dat~ Petition Rec. eiv~: Commission District: ~ Planner Assigned: ' ABOV'~ TO i~E COMPLETED BY STA_~ ..... General Information Name of Applicant(s) Applicant's Mailing Address City Applicant's Telephone # State N~'n¢ of Agent Agent's Mailing Address City I'q,~',.~5 ~Scm's Tel~phou¢ # 1D 1.6-, it- ~'o~..~ Su~ ~,,. Zip '5 ~-/04 COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICF_~CURRENT PLANNING 2800 N. I-IORSF_.SHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-24iN.AX (941) 64a-696a OCT 1 2 PAGIi I Ol~ 15 Complete the following for all Association(s) affiliated with this petition- (Provide addificnal sheets ifn~) 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 Addre~ City State Zip Name of Civic Association: Mailing Acldre~ City State ~ Zip Disclosure of Interest Information: If the property is owned fe~ simple by an IND~U~ tenancy by thc ~, tenancy in common, or joint temacy, list all parties with aa ownership inUm~ as well as the percentage of such interest. (Use additional sheets if necessary). lO0 No OCT 1 2 1999 _ PAG~ 20P I$ If the property is owned by a CORPORATION, list the ofl~ccrs and stockholders and thc percentage of stock owned by each. Name, Aflflte~ and OflSce . Percentage of Stock If the propert~ is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Pet~mag¢ of Interest d. If the property is in thc name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Percentage of Ownership If there is a CONTRACT FOR PURCHASE, with an individn~ or individ,,~-~, a Corporation, Trustee, or a Partnership, I/st the names of the contract purchasers below,/ncluding the officers, stockholders, beneficiaries, or partners. P~g¢ of OCT 1 ~ 1999 PA~ 3 OF I$ D~te of Contract: An,UO,'no~ ~o~ ~t~c ~.~a~ m~ co~mrrm~_~ ~. ~,,~ If any contingency clause or contract trcms involve additional individuals or officers, if a corporation, partnership, or mist Name and Address go Date subject property acquired,~y'leased ( ): it I q'/Term of lease If; Petitioner has option to buy, indicate date of option: termin:.~: , or anticipated closing date ,t/.g yr./mos. and date option 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 behalL to submit a supplemental disclosur~ of interest form. Detailed legal description of the property_ covered by the application: (If apace 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 m~ting. NOTE: The applicant is re.~ponsible for supplying the correct legal description. If que~dons arise concerning the legal descTiption, an engineer's certification or sealed survey may be required. Section: Lot: a ~ ~- Block: Plat Book ,4.{~ Page #: To~mship: ~1'8 ca '~, ~ae Subdivision: Range: Metes & Bounds Description: 4. Size of pro_oerty-.*--~ Z.q ff. X~i ~ '7 ft. = Total Sq. Ft. Sq~ ff 4-:~ AcresZ t.'~ Addre~_~eneral location of subject property: ooo ~6~ND~ ~T'~4?~i""~ / OCT 1 z 1999 Pgz_. /A ,_ PAGE 4 OF 15 6. Ad_iacent zoning and land use: Does property owner own contiguous property to the subj~t property? ffso, give complete legal descriptign of entire contiguous property. (if space is inadeqUate, attach on separate page). NfO. ~ o~' ~l~p~'¢ ,,~,~_~. Section: Township: Lot: Block: Subdivision: Range: Plat Book~ Page #: Metes & Bounds Description: Property I.D.#: 7. T_vpe of Conditional Use: Th/s application is request/ng cond/tional use # of the A- district for O'Y~E or ~s~ g..I/~ N I~ ~ I..- Present Use of the Property: v~-.,~ ~T- .... ~r ~,lz4 cu~'r~ .~g~ Evaluation Criteria: Provide a narrative statement describing this request for conditional use. NOTE: Pursuant to Section 2.7.4. of the Collier County Land Development Code, staff's recommendation to the Planning Commission and the Planning Commission's recommendation to the Board of Zoning Appeals shall be based upon a finding that the granting of the conditional use will not adversely affect the public interest ami that the specific requirements governing th~ illdiv/dual conditiotlai rise, if any, have bee~ me~ and that further, satisfactory provision and arrangem~mt have been made concerning the following matters, wher~ applicable. Pl~se provide det~ed reapouse er/terion listed below. Specify how ~d why the request is eo~istez (Attach additional pages as may be necessary). OCT 1 Describe how the project is consi~ent with the Collier County Land Development Code and Growth Management Plan (include information on how the reques~ is consistent with the applicable section or portions of the future land use element): Describe the existing or planned means of ingress and egress to the property and proposed structure thereon with parfc~ar reference to automotive 'and pedestrian safety and convenience, tra~¢ flow and control, and access in case of fire or catastrophe: Co Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economi¢ impact and odor: Ttf~ It~~...~;t~ ~ A- c~Cs'r~C/ Describe the site's and the proposed use's compatibility with adjacent properties and other properties in the district: ~ ~; ~ '~3 ~:~tlt/~,~ ~ ee Please provide any additional information which you may feel is relevant to this OCT 1 2 1999 #T Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restnctions. You may wish to contact the civic or property owncrs associa~on 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? ~o 11. Additional Submittal re{!_uirements: In addition to this completed application, the following must be submitted in o~ler for your application to be deemed sufficient, unless otherwise waived during the preapplication meeting. a. A copy of the pm-application meeting notes; Eleven (11) copies .of a 24" x 36" conceptual site plan [and one reduced 8½" 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 CC'PC]; ' · ail existing and proposed sU'uctures 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), ail existing and/or proposed paring and loading areas [include matrix indicating required and provided parking and loading, including required partdng for the · locations of solid waste (refuse) containers and service function areas, · required yards, open space and preserve areas, · proposed locations for utilities (as well as location of existing utility services to the site), proposed and/or existing landscaping and buffering as may be required by the County, · location of all signs and lighting inclucling a narrative statement as to the type, character, and dimensions (such as height, area, etc.); Development Code (LDC). ~o ~ PAG OC'T 1 2 1999 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. Statement of utility provisions (with all required attachments and sketches); A Traffic Impact Statement'(~FIS), unless waived at the pre-application meeting; c3. A historical and archeological survey or waiver application if property is located within an area of historical or archaeological piobability (as identified at pre- application meeting); h. Any additional rec~uiren~ents 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. OCT 1 2 1999 PAG'~ $ O~ 15 TRAFFIC IMPACT STATEMENT CrlS~ A TIS is required unless waived at the pm-application meeting. The TIS required may be either a major or minor as determined at the pr~-application meeting. Please note the following with regard to TIS submittals: MI~LO_R_]~.S;_~ly required for conditional ~ (and rezone) requests for property less than 10 acres m size, although based on the intensity or unique character ora petition, a major TIS may be required for petition often acres or less. ~k~.=Ql?s.~L~Required for all other conditional use (and rezone) requests. A minor TIS shall lnclnde the following: Trip Gena'ation: Annual Average Daily Traffic (at building) Peak Hou~ (AADT) Peak Season Daffy Traffic Peak Hour (PSDT) 2. Trip Assi_o~rr~at: Within Radius of Development Influence (RI)I) Existing Tra.ffic: Within RDI AADT Volumes PSDT Vobm~ Level of Service (LOS) Impact of the propose~ use on affect~i major thowu~ including any anticipated changes in level of serv~ (LOS). Any proposed improveme~ (to the si~ or the external right-of-way) such as providing or eliminating an ingress/egress point, or providing turn or decel lanes or other impmven~nt~ 6. Describe any proposal to mitiga~ thc negntive impa~Is on the tran.sl~tion syst~n. For Rezom Only: Stat~ how this r~luest is consistent ~ ~ al~lic~le policies of the TofF~ Ch'culation Elen~nt (TCE) of the Growth Management Plma (GMS), including policies 1..3, 1.4, 4.4, 5.1, 5.2, 7.2 nnd 7_3. A Major TIS shall address all of the i~ms listed above for a Minor TIS, and shall also include an anal)sis of the following: 4. 5. 6. Furore Tt-a~ Plam~el/l~q~t~ Roadway Improvements 1 2 1999I OCT / PAGE 9 OF 15 TRAFFIC IMPACT STATEMENT/TIS} STANDARDS: The £ollowmg standarda shall be uaed in preparing a TIS for submittal in conjunction with a conditional use or rezone petition: Trip Generation: Provide the total traffic generated by the project for each link within the project's Radius of Development Influence (RDI) in conformancc with the acceptable traffic ca,netting principles. The rates publishcd in the latest cdition of the Institute of Transportation Engineers (ITE) Trip C_~ncration Report shall be used unless documentation by the petitioner or the County justifies the we 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 RDL Both annual average and peak seasonal traffic should be depicted. 3. Existing Traffic: Provide a map depicting the cmmmt traffic condition~ on all ~ within the RDI. The AADT, PSDT, and LOS shall be depicted for all linka within the RDI. 4. Level of Service (LOSI: The LOS of a roadway shall be expressed in twa of thc applicable Collier County Gen~ Daily Service Volumes as set forth in the TCE of the GMP. Radius of Development Influence _(RI)B: The TIS shall cover the least of the following two areas: an area as set forth below; or, the area in which tra~c assi~ments from the proposed project on the major thorought'ares exceeds one percent of the LOS "C". Residential 5 Miles or as required by DRI Other (commercial., illdttstrial, institutional, em.) O- 49, 999 Sq. FL 50,000 - 99, 999 Sq. FL 100,000 - 199, 999 Sq. Ft. 200,000 - 399, 999 Sq. Ft. 400,000 & up 2 Miles 3 Miles 4 Miles 5 Miles 5 Miles In describing the RDI the TIS shall provide the mea.qurement in mad miles froth the proposed project rather than a geometric radius. Intersection AnaJ~aj~ An intersection analysis is required for all inters RDI where the sum of the peak-hour critical lane vohnne is projected Vehicles Per I-Iou~ (VPIO. Ig/n)t OCT 1 2 1999 Background Traffic: The effects of previously approved but undeveloped or partially developed projects which may affect major thoroughJ'ares within the RDI of the proposed project shall be provided. This reformation shall be depicted on a map or, alternatively, in a listing of hose projects and their respective characteristics. 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 (I~UE) and the Collier County Land Development Code. This estimate shall be for the projected development areas within the projects RD[. A'map or lis~ of such lands with potential tra~c impact calculations shall be provided. Through Traffic: At a minimum, increases in through trattJc shall be addressed through the year 2015. The methodology used to derive the estimates sba!l 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: Ail proposed or planned roadway improvements located within the RDI should be identified. A description of the funding commitments shall also be included. 11. Pro!ect 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 RV'B/IUM 10/17/97 ~AC~ 11 OF I$ STATEMENT OF UTILITY PROVISIONS FOR CONDITIONAL USE-REQUEST NAME OF APPLICANT: MAILING ADDRESS: ADDRESS OF SUBJECT PROPERTY (IF AV~H,ABLE): LEGAL DESCRHrfION: Section: Township: Range: Lot: Block: Subdivision: Plat Book__ Page #: Property I.D.#: Metes & Bounds Description: TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable ryrtem): a. COUNTY UTHATY SYSTEM [] b. CITY UTILITY SYSTEM [] c. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PACKAGE TREATMENT PLANT [] (GPD c~pacity) ,. · . SEPTIC SYSTEM TYPE OF WATER SERVICE TO BE PROVIDED: &. COUNTY UTILITY SYSTEM b. CITY UTILrI~ SYSTEM c. FRANCUIgED UTUJTY SYSTEM PROVIDE NAME · d. PRIVATE SYSTEM (WELL) [] 0 [] OCT 1 2 1999 Pg. _.---------- PAGE 12 OF 15 10. I1. 12. TOTAL POPULATION TO BE SERVED: PEAK AND AVERAGE DAILY DEMANDS: .~ WATER-PEAK AVERAGE DAILY B. SEWER-PEAK AVERAGE DAILY IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: . NARRATIVE STATEMENT: ~Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be ~ a~ well as a specific ~ent 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. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area Upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance ofbuilding permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. STATEMENT OF AVAH,ABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a ~tement from that provider indicating that there is adequate capacity to serve thc project shall be provided. UttlHy Provi~a St~tm~4~t RrM !~/I 7,~/ APPLICATION FOR PUBLIC R'f~I~.ING Il'Oil C~I~'DrI'IONAL I~:~ . ~ OCT 1 2 !999~ _ 'AGE 13 OF 15 CONDITIONAL USE APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED Clq'KCKLIST. IS TO BE SUBMITTED WITH APPLICATION PACKET; REQUIREMENTS # ov NOT COPIES REQUIRED REQUIRED 1. Completed Application 11 ~.. 2. Copy of Deed(s) and list identifying Owner(s) and all 1 Partners if a Corporation 3. Completed Owner/Agent Affidavits, Notarized 1 4. Pre-application notes/minute~ 11 5. ConcepmalSite Plans 11 6. Environmental Impact Statement - (Els))~, ~~ ~ 4 ~-~ 7. Aerial Photograph - (with~ab~reas ic~entffied) 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 '~O .--' 14. Other Requirements - As Rte authori~d agent/applicant for tlzis petition. I attest that aH of tl~ reformation indicated on this c~.~l~t is Applicant/Agent Si?ann'e OCT 1 2 1999 PA-GE 14 OF 15 We~, cX~ ~. ~,~'~. ~_~,~ being first duly xworn, depose and ~ay that well am/are the ~ of the proper~ de~ here~ and whi~ i~ the ~ubject matM~ of the prop~o~ed hearing; that all the an,s~ to .~. que~t~n.g in thi~ applk~a~on, includ~g the disclosur~ of imere~t ~nforma~n. all ~kezchag. data, and other x~pplemenmry matter ~ to and made. ~ part of this app~n, are honeat and true to the best of our knowledge and b~. Wme~ understand that the information requeated on this application must be complete and actntt~ and that the content of this for~ whether computer generated or County printed shall not be ~ Public hearings will not be ~ed until this application is deemed complete, and all ~ information has been subtnitt~ A~ property owner We./Jfunher authorize .' act as our/my repre~entativ~ in any matter~ regarding this Petiti6~ ~/ Typed or Printed Name of Owner Typed or Printed Name of Owner rse£o,.,,go s before this State of Florida County of Coa~,. ~an~ of 2lotary~l~)[ OCT 1 ;~ 1999 / ! 2 3 4 5 6 7 8 9 10 11 12 RESOLUTION 99- A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A DOG KENNEL ON LESS THAN 20 ACRES OF LAND, CONDITIONAL USE 24, IN THE "A" ZONING DISTRICT, PURSUANT TO SECTION 2.2.2.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE, FOR PROPERTY LOCATED IN SECTION 36, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. 13 14 WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and 15 Chapter 125, Florida Statutes, has conf~red on Collier County the power to establial~ coordinate and 16 el'Lforce zoning and such busmeas regulations as are necessary for the protection of the public; and 17 'vVI"IiEREAS, the County pursuant thereto has adopted a Land Development Cod~ (Ordinance 18 No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulationa for the 19 zoning of particular geographic divisions of the County, among which is the granting of Conditional 20 Uses; and 21 WHEREAS, the Collier County Planning Commission, being the duly appointed and 22 constituted planmng board for the area hereby affected, has held a public hearing atter notice aa in said 23 regulations made and provided, and has considered the advisability of Conditional Use 24 of Section 24 2.2.2.3 in an "A" Zone for a Dog Kennel on less than 20 acres of land on the property hereinafter 25 described, and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement 26 have been made concerning all applicable matters required by said regulations and in accordance with 27 Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and ~ WHEREAS, all interested partie~ have been g~ven oppormmty to be heard by this Board in a 29 public meeting assembled and the Board having considered all matters presented. 30 NOW, THEREFORE BE IT RESOLVED, BY ~ BOARD OF ZONING APPEALS of 31 Collier County, Florida that: 32 The petition filed by Blair Foley, P.E. of Coastal Engineering Consultants, Inc. r~n,~senting 33 Robert S. & Cynthia A. Keenan with respect to the property hereinafter described aa: 35 Exhibit "B" which is attached h~io and incorporated by refe, eace herein 36 be and the same is hereby approved for Conditional Use 24 of Section 2.2.2.3 of the "A' Zoning 37 District for a Dog Kennel in accordance w~th the Conceptual Master Plan (Exhibit "C") and subject to the following conditions: Pursuant to Section 2.2.2&8.1 oftl~ Land Development Cod~ course of site clearing, excavation or oth~ construction activir.. archaeological artifact is found, all deve!opment within the mi~ -1- 38 39 40 1. 41 42 OCT 1 2 1999 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 35 36 37 38 necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcemem Department shall be contac~i. An appropriate portion of native vegetation shall be retained on site as required by SecUon 3.9.5.5.4 of the Collier County Land Development Code. All kenneling shall be indoors. No kennels, pens or runs shall be permiaed outdoora. The kmnel shall be constructed of concrete block in order to provide maximum noise attenuation. 5. The Planning Services Director may approve minor changes to the Conceptual Master Plan (Exhibit "C") BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Boaxd. This Resolution adopted aRer motion, second and majority vote. Done this day of ,1999. BOARD OF ZONING APPEALS COLLIER COUNTY, FLOILIDA BY: PAMELA S. MAC'KIE, Chairwoman ATTEST: DWIGHT E. BROCK, Clerk Approved as to Form and Legal Sufficiency: '~'56~e M~ Student Assistant County Attorney 0L-'u-99- i $ RESOLUTION/FRm -2- OCT 1 2 1999 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-99-18 The following facts are found: Section 2.2.2.3.24 of the Land Development Code authorized the conditional use. 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: ao Consistency with the Land Development Code and Growth Management Plan: Yes 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: Adequate ingress & egress Yes No Co Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated 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 reco,,m,~nded for approval DATE: CHAIRMAN: OCT ! 2 1999 EXHIBIT- "A" --- ,LEGAL DESCRIPTION THE NORTH 1/2 OF ,'HE $.W. I/4. OF THE N.W. 1/4. OF THE S.W. 1/4 OF THE N.W. 1/4 OF SECTION 36, TWP. 48 S., RGE. 26 ~, COLLIER COUNTY, FLORIDA; SUBJECT TO A ROAD F_ASiSME~. OVER THE WESTERLY 30 FEET, THE NORTHERLY .30 FEET AND THE EASTERLY 30 FEET, THEREOF ~ "Bm 1999 ! Z~. ~m IMIdP · I TANK No. ~ OCT 1 2 1999 EXECUTIVE SUMMARY PETITION: CU-99-17, DONALD WAYNE ARNOLD REPRESENTING MR.CHRISTOPHER P. JOHNSON OF THE GRAND LAND INITIATIVE, LLC, REQUESTING CONDITIONAL USE "17" OF THE AGRICULTURE ZONING DISTRICT TO ALLOW FOR A GOLF COURSE AND RELATED FACILITIES FOR PROPERTY LOCATED ON THE SOUTHEAST CORNER OF THE INTERSECTION OF IMMOKALEE ROAD (CR-846) AND WOODCREST DRIVE, IN SECTIONS 25, AND 36, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: The applicant is seeking to obtain conditional use approval to allow for a public and private golf course on a 500-acre site. CONSIDERATIONS: The petitioner seeks conditional use approval to allow for the construction of a 36-hole golf course and related facilities while retaining their entitlement to construct residential dwellings as permitted in the Agricultural District. It is anticipated that portions of the project will include both a public and a private golf course and related clubhouse facilities. The conceptual site plan indicates that the golf course area comprises 314.2 acres while 63.3 acres have been designated as conservation areas. The remaining land use areas include a 41-acre tract for future residential development, 7.9 acres for other recreational amenities, 2.7-acre maintenance facility, 54.1 acres for lakes, and 16.8 acres for right-of- way. Because the Agriculture zoning district permits single family residential dwellings, the petitioner proposes to eventually build dwelling units on the residential tracts that comprise approximately 41 acres. These residential tracts are integrated within the golf course facility as depicted on the attached conceptual site plan. It should be noted that the residential component of the proposed development is not part of this conditional use petition for a golf course. Conversely, a golf course can be an accessory use to the permitted single family residential development if it serves as an integral part of a residential development. However, since petitioner also proposes to operate a public golf course for nonresidents a conditional use is therefore required. The conceptual land use plan also indicates that the proposed development is only accessed from Immokalee Road with no interconnection points to the adjacent properties. However, the conceptual plan indicates that a potential secondary access may be provided at the southwest comer of the development if the necessary easements can be obtained. The traffic impact review indicates that the proposed petition will generate approximately 660 weekday trips. Based on this revised traffic count data, the golf course trips will not exceed the significance test standard (5 percent of the level of service "C" design volume) on Immokalee Road fronting the project. Therefore, this petition is consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element (TCE). OCT 1 2 1999 The pro/cons that are listed below contains a summary of the evaluation of the criteria that are specifically noted in Section 2.7.4.4 of the Land Development Code. This requires staff evaluation and comment, and used as the basis for a recommendation for approval or denial by the Collier County Planning Commission and the Board of County Commissioners. PROS The surrounding land uses to the south includes the Everglades Golf Course facility. To the north is the Florida Rock Earth Mining operation. In addition, a conservation buffer is located along the south, east and northern boundaries to screen the project. · The project's ingress/egress is from a principal arterial road. In addition, the site has adequate frontage for the required mm lanes, therefore, this access will not adversely impact traffic flow. · The proposed use is typically one that does not generate significant noise, glare or odor effects. The adjacent land use to the north (across Immokalee Road) is an ~ operation that far exceeds any noise, dust, glare or odor that will be generated by the proposed golf course. · The golf course will contain more than 80 percent open space requirement. CONS: · Temporary noise and odor may result to neighboring properties from the movement of trucks and heavy equipment into and out of the site during construction. · A golf course special event may generate short periods of high intensity traffic flow on Immokalee Road that inherently creates a potential for traffic accidents. This petition was also reviewed by the Environmental Advisory Council (EAC) on September 1, 1999 and they asked to have the petitioner redesign the project to reduce impacts to isolated wetlands and attempt to provide more connectivity between those isolated wetlands. The Collier County Planning Commission (CCPC) reviewed this petition on September 16, 1999. During this public heating, the petitioner explained that the isolated wetlands proposed to be impacted were of Iow functional quality and likely would not be considered wetlands by jurisdictional agencies due to altered ground water hydrology. The CCPC voted 6 to 0 to forward petition CU-99-17 to the Board of Zoning Appeals with a recommendation of approval subject to the conditions contained in the agreement sheet and attached to the Resolution of adoption. This recommendation for approval was based on the Planning Commission's findings that this conditional use petition is consistent with the Growth Management Plan, the ingress/egress is safe and the project is compatible with the adjacent land uses. They also concurred with the staff's findings that this petition complies with all the environmental requirements contained in the GMP and with the applicable LDC regulations. Because the EAC voted to have the petitioner redesign the project, this petition could not be placed on the summary agenda. AGENDA ITEM OCT 1 2 1999 FISCAL IMPACT: Prior to the commencement of the use authorized by the approval of this conditional use petition, the following revenue stream is estimated as follows: Impact Fees: Road Impact Fee: Library Fee: Radon Impact Fee: B.C.A.I. Impact Fee: $1,066 per acre $180.52 $0.05 per square foot under roof $0.05 per square foot under roof The total amount of impact fees for the golf course use is $334,904.52. These impact fees are based on the total acreage of the project. In addition to impact fees described above, there are typically 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 administering the community development review process, whereas utility fees are based on a 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 a particular development on County provided services. Lastly, additional revenue is generated by the ad valorem tax dependents on the value of the improvements. 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 misleading because there is no certain way to determine their value and likelihood that not all of the authorized development will occur. Nevertheless, it should be appreciated that not withstanding the fiscal impact relationship, development takes place in an environment of concurrency management. When level of service requirements fall below the 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 that may have geographic concurrency implications. GROWTH MANAGEMENT IMPACT: The subject property is designated Agricultural/Rural - Mixed Use Agricultural Residential Sub-district on the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). This designation is for those areas that are remote from the existing development pattern, lack public facilities and services or are in agriculture production. The maximum density in this area is 1 dwelling unit per 5 acres. The district also-permits non- residential uses such as agricultural uses, churches, schools, essential services, utility facilities, earth mining, oil/gas production and recreational facilities such as a golf course. Therefore, this proposed use is consistent with the GMP. It should be noted that this conditional use petition does nothing to impact any consistency relationship with the GMP. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission forwarded Petition CU-99-17 to the Board of Zoning Appeals with a recommendation of approval subject to the stipulations that are described in the attached Resolution of Adoption and the Exhibits thereto which includes the conceptual site plan. 3 AGENDA ITEM OCT 1 2 1999 PREPARED BY: KAY~LLo~s, PKINCIP~ P~ER ON~D F. ~O, ~CP, ~AGER C~NT PLUG SECTION RO~B~RE, AICP, DIRECTOR PLANNING SERVICES DEPARTMENT VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. EX SUMMARY/CU-99-17/RVB/rb ?./?.?? DATE DATE DATE DATE 4 AGENDA ITEM OCT 1 2 1999 MEMORANDUM AGENDA ITEM 7-H TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DATE: AUGUST 5, 1999 RE: PETITION NO: CU-99-17, GOLF COURSE OWNER/AGENT: Agent: Mr. D. Wayne Arnold WilsonMiller, Inc. 3200 Bailey Lane, Suite 200 Naples, Florida 34105 Owner: Mr. Christopher P. Johnson Grand Land Initiative, LLC Three First National Plaza, Suite 3600 Chicago, IL 60602 REQUESTED ACTION: To obtain conditional use "17" of the "A" Rural Agricultural zoning district to allow for public and private golf courses and golf course related facilities. GEOGRAPHIC LOCATION: The subject site is located on the southeast comer of the intersection of Immokalee Road and Woodcrest Drive in Sections 25 and 36, Township 48 South, Range 26 East. (See iljustration on the following page) PURPOSE/DESCRIPTION OF PROJECT: The petitioner seeks conditional use approval to allow for the construction of a 36-hole golf course and related facilities while retaining their entitlement to construct residential dwellings as permitted in the Agricultural District. It is anticipated that portions of the project will include both a public and a private golf course and related clubhouse facilities. Because the Agriculture zoning district permits single family residential dwellings, the petitioner proposes to build dwelling units on the residential tracts comprising 41 acres and which have been depicted on the attached conceptual land use plan. It should be noted that the residential component of the proposed development is not part of this conditional use petition for a golf course. Conversely, a golf course can be an accessory use to the permitted single family residential development if it sen, es as an integral part of a residential development. However, since petitioner also proposes to operate a public golf course for nonresidents a conditional use is therefore required. The conceptual land use plan also indicates that ~ development is only accessed fi.om Immokalee Road with no interconnection points .tottlae ~._acen~jD i OCT 1 2 1999 ;I >> CONCEPTUAL LAND PLAN WITH GI~EP, AL 8UFIFACE WATER MANAOEMENT FEATURES Prepared for~, CVand Land Initiative LLC properties. In addition, the conceptual plan indicates that the golf course area comprises 314.2 acres while 63.3 acres have been provided for the conservation area and 54.1 acres for lakes. The remaining land use area include 41 acre tract for future residential development, 7.9 acres for other recreational amenities, 2.7 acr., maintenance facility and 16.8 acres for right-of-way. SURROUNDING LAND USE AND ZONING: Existing Conditions: The site is largely undeveloped, although the site has been extensively impacted from prior fanning and ranching activities. The site is also infested with exotic vegetation. Presently, two single family residences are located within the property boundaries which is zoned Agriculture. Surrounding: North - Immokalee Road & the Florida Rock Earth Mine; Zoned: Agriculture. East - Several single family homes on 5 acre parcels; Zoned: Agriculture. South - Vacant land & the Everglades Golf Course; Zoned: Agriculture. West - Vacant land & the Urban Boundary Line; Zoned: Agriculture. GROWTH MANAGEMENT PLAN CONSISTENCY: This petition has been reviewed by the appropriate staff for compliance with the applicable elements of the Growth Management Plan (GMP). The Land Development Code establishes a procedure which may result in approving a development order for a golf course in the agricultural zoning district. Consistency relationships with applicable elements of the Comprehensive Plan are as follows: Future Land Use Element: The subject property lies within the Agricultural/Rural and Agricultural Residential Sub-district as designated within the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). This land use classification provides for those areas that are remote fi:om the existing development pattern, lack public facilities and services or are in agricultural production. The maximum density in this area is 1 dwelling unit per 5 acres, while non-residential uses such as schools, day care, churches and golf courses are conditionally permitted. It should be noted that as a result of a Final Order issued by the Governor and Cabinet, sitting as the Administration Commission, interim development provisions were adopted for this area that became effective on June 22, 1999. Since this conditional use application was deemed complete and filed prior to that date, it can be processed and considered under the Collier County comprehensive plan as it existed and was in effect on June 22"a as noted above. Therefore, the proposed golf course conditional use is consistent with the GMP. Traffic Circulation Element: The traffic impact review indicates that the proposed church facility will generate approximately 1,287 Irips per weekday. Based-on this information, the site generated trips exceed the significance test standard (5 percent of the level of service "C" design volume) on Immokalee Road (CR-846) west of the project to CR-951. It should be noted that this 1.2 mile segment is currently operating below its adopted LOS "E" standard. Therefore, this petition is not consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element (TCE). The preliminary engineering, design and right-of-way acquisition phases to 4 lane this road segment are funded in the current year and fiscal year 2000. The issue of construction funds is projected to occur during the next Annual Update and Inventory Report cycle in the fall-of 1999. As a result, the petitioner acknowledges the imoortance of makita, the imorovements in a timely manner and h mitigate its impact of Immokalee Road. the developer will donate .50 feet of right-of-w ~y a!~o~, g the_z~),,~ 2 OCT I 2 1999 CR-846 frontage to be used by Collier Coun _ty in the widening of Imm0kalee Road. This donation would be made without impact fee credits to which the developer would other0vise normally be entitled, Another option would be to phase the project to keep the project site generated trips below 5 percent of the LOS "C" design volume. This would allow for an 18-hole golf course while the second 18-hole golf course could be constructed once the LOS has been returned to an acceptable level. Other Applicable Elements: Staff review indicates that this petition has been designed to account for the necessary relationships dictated by the GMP. Mitigation measures and stipulations have been developed (where appropriate) to ensure consistency with the GMP during the permitting process. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Section 3.15 of the Collier County Lin'rd Development Code, Adequate Public Facilities, at the earliest or the next to occur of either final SDP approval, final plat approval, or building permit applicable to this development. Therefore, this petition is consistent with the goals and policies of the GMP. Staff has concluded that no level of service standards will be adversely affected by this amendment. Appropriate mitigation measures and stipulations will assure that the County's interests are maintained. Consistency with the goals, objectives and policies of other applicable elements of the GMP and level of service relationships are to be achieved by stipulations and/or development commitments made a part of the approval of this development order. 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. As a result, no Historical/Archaeological Survey and Assessment is required. In addition, Pursuant to Section 2.2.25.8.1 of the Land Development Code, the resolution shall include the following: 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. The Transportation Division staff has recommended approval of the facility subject to the_developer providing the appropriate turn lanes and compensating right-of-way on Immokalee Road. This work shall also include all necessary signing and marking required for the turn lanes together with pavement markings and a stop sign. The Community Development Services Environmental Review staff determined that this petition is consistent with the applicable environmental requirements of the Land Development Code. Their conditions of approval have been incorporated into the resolution of adoption. This petition was also reviewed by the Environmental Advisory Council (EAC) on September 1, 1999 and they recommended by a vote of 7 to 2 to have the petitioner redesign the project to reduce impacts to isolated wetlands and attempt to provide more connectivity between those isolated wetlands. However, this petition does comply with the all the Environmental requireme :ts ccnt"'_'n,~_. AGENDA field in the Growth Management Plan and with the applicable LDC regulations as noted abow 3 OCT 1 2 1999 Pg. ~_ CRITERIA EVALUATION: The Current Planning Staff has coordinated a comprehensive evaluation of this land use petition based on the criteria contained in Section 2.7.4 of the Collier County Land Development Code (LDC). 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 below listed criteria are specifically noted in Section 2.7.4 of the Land Development Code thus requiring staff evaluation and comment. This criteria shall be used as the basis for recommendation of approval or denial by the Planning Commission to the Board of County Commissioners. Each of the potential 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 professional 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. a. Consistency with this code and Growth Management Plan. Pro: As noted above in the Future Land Use Element review, the requested golf course use is consistent with the applicable elements of the GMP and provisions of the LDC. Con: _Not applicable in view of the consistency evaluation with the GMP and LDC. Summary_ Conclusion .(Findings): This petition is consistent with the FLUE to the Collier County GMP. The proposed use is authorized in the Agriculture~Residential Sub-district designated areas and is permitted in the Agriculture district as a conditional use. 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 project's proposed ingress and egress is from Immokalee Road which is classified as an arterial road. Since the site has adequate frontage for the required turn lanes, this access will not adversely impact traffic flow and is considered to be an optimal location in terms of traffic flow and safety. Con: The proposed golf course use will generate under a special event a condition of high intensity traffic flow which inherently creates potential for traffic accidents. Summary_ Conclusion: Because of the low off peak hour traffic Volumes and clear site distance from the access point, the ingress/egress should produce optimum operating conditions particularly with the driveway and deceleration geometry that will be established with the four lane improvement to Immokalee Road. Ce The effect the conditional use would have on neighboring properties in relation to noise, glare, economic or odor effects; - AGENDA ITEM OCT 1 2 1999 Ps. ~ Pro ~' (i) The proposed use is typically one that does not generate any significant noise, glare or odor effects. Furthermore, golf courses generally improve the economic conditions of adjacent properties. (ii) The north side of the subject property (across fi.om Immokalee Road) is an earth mining operation. In addition, a conservation buffer is located along the south, east and northern property lines to screen the project. (iii) Once constructed, this project will exceed 80 percent of the site as' open space. Con: The proposed golf course use may generate under a special event a condition of high intensity traffic flow which inherently creates potential for traffic accidents. $1~mmary_ Conclusion .(Findings): The orientation of the development is such that it is buffered fi.om adjacent properties by conservation areas and lakes. In the opinion of staff, the proposed development will have limited negative effects on neighboring properties in relation to noise, glare, economic or odor effects. d. Compatibility with adjacent properties and other property in the district. Pro: (i) A golf course for the most part represents a passive use of land, and is therefore compatible with adjacent agriculture land uses. (ii) A golf course is generally considered compatible with residential land uses, and may serve residents of the surrounding neighborhood. The golf course will also serve as an accessory recreational amenity to the permitted residential development. (iii) There are other golf courses and golf communities that have been approved in the immediate area including Bonita Bay East, Club of the Everglades, Olde Florida Club and Twin Eagles. Con: A golf course special event may generate short periods of high intensity traffic flow on Immokalee Road which inherently creates a potential for traffic accidents. Summary_ Conclusion .(Findings): The proposed conditional use petition is comP_atible with the neighboring properties since a golf course is essentially a passive use of the land. Staff is of the opinion that the other approved golf course communities in the immediate area are compatible with this project. It should be noted that a residential tract has been designated on the conceptual land use plan. Since single family residential dwellings are permitted in the Agriculture zoning district, this component of the project is not part of this conditional use application. STAFF RECOMMENDATION: Staff. recommends that the Collier County Planning Commission (CCPC) forward Petition CU-99-17 to the Board of County Commissioners (BCC) with a re6Ommendation of approval s [,.~tA~.dl~,ro~ conditions of approval contained in the Resolution of Adoption. no.~ 5 OCT 1 2 1999 PREPARED BY: LOWS; PmNCI CURRENT PLUG SECTION ~ ~D K~O, ~CP, ~AGER C ~~ ~L~G SECTION ROBE~~, ~CP, D~CTOR PLUG SER~CES DEP~T~ ~CE~ A. CA~ERO, ~CP, ~~ST~TOR CO~TY DEV. ~ E~O~~ SVCS. Staff Report for September 16, 1999 CCPC meeting. COLLIER COUNTY PLANNING COMMISSION: ,.I~CH2.xEL j. BKUET. CI~,,iA/4 STAFF REPORT/CU-99-17/RVB/rb DATE DATE DATE DATE AGENDA ITEM OCT I 2 1999 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 26 27 28 29 30 32 33 36 37 31t 39 41 42 RESOLUTION 99-__ A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF GOLF COURSE CONDITIONAL USE "IT' IN THE "A" RURAL AGRICULTURE ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3. OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTIONS 25 AND 26, TOWNSHIP48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and ha~ considered the advisability of Conditional Use "1T' of Section 2.2.2.3. in an "A" Rural Agriculture Zone for a golt'course on the property hereinafter described, ~nd has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that: The petition filed by Mr. D. Wayne Arnold of Wilson Miller, Inc. representing Grand Land Initiative, LLC with respect to the property hereinafter described as: Exhibit "B" which is attached hereto and incorporated by reference herein be and the same is hereby approved for Conditional Use "17" of Section 2.2.2.3. of the "A" Rural Agriculture Zoning District for a golf course in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following conditions: Exhibit "D" which is attached hereto and incorporated by reference herein. -1- OCT 1 2 1999 1 2 3 '4 5 6 7 8 9 I0 11 12 13 14 15 16 17 18 19 21 22 23 24 BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of ,1999. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: PAMELA S. MAC'KIE, Chairwoman ATTEST: DWIGHT E. BROCK, Clerk Approved as to Form and Legal Sufficiency: Marjo/i~ M, Student Assistant County Attorney VCU-I 7 RF~OLUTION/RB/~ -2- FINDING OF F; CT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-99-17 The following facts are found: 1. Section 2.2.2.3.17. of the Land Development Code authorized the conditional use. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: Consistency with the Land Development Code and Growth Management Plan: Yes No 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 Affects neighboring properties in relation to noise, glare, economic or odor effects: ~ No affect or ~ Affect mitigated by ~ Affect cannot be mitigated Do Compatibility with adjacent properties and other property in the district:_ Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: CHAIRMAN: f/FINDING OF FACT CHAIRMAN/md EXHIBIT "A" AGENDA ITEM OCT 1 2 1999 LEGAL DESCRIPTION Description of part of Sections 25 & 36, Township 48 South, Range 26 East, Collier County, Flodda. The west 1/2 of the Northwest 1/4 of the Southwest 114, Section 25, Township 48 South, Range 26 East, Collier County, FIodda, subject to an easement on, over and along the North 30 feet for all the usual purposes of ingress and egress. (O.R. BOOK 1143, PAGE 2286); AND the East 1/2 of the Northwest 1/4 of the Southwest 1/4 of Section 25, Township 48 South, Range 26 East, Collier County, Florida, excepting and reserving therefrom the North 30 feet and the East 30 feet thereof as access easement for highway right-of-way. (O.R: BOOK 1225, PAGE 1714); AND the West 112 of the Northeast 114 of the Southwest 1/4, Section 25, Township 48 South, Range 26 East, Collier County, Flodda. (O.R. BOOK 2194, PAGE 0416); .AND the East 112 of the Northeast 114 of the Southwest 1/4 of Section 25, Township 48 South, Range 26 East, Collier County, Flodda, excepting and reserving therefrom the North 30 feet and the East 30 feet thereof as access easement for highway right-of-way. (O.R. BOOK 1335, PAGE 218); AND the West 1/2 of the Northwest 1/4 of fhe Southeast 1/4 of Section 25, Township 48 South, Range 26 East, Collier County, Florida. (O.R. BOOK 1922, PAGE 1837); AND the East 1/2 of the Northwest 1/4 of the Southeast 1/4 of Section 25, Township :48 South, Rang. e 26 East, Collier County, Florida. (O.R. BOOK 1363, PAGE 72); .A. ND the West Half of the Northwest Quarter of the Northeast Quarter of the Southeast Quarter of SECTION 25, Township 48 South; Range 26 East, said Land situate lying and being in Collier County, Flodda. (O.R. BOOK 752, PAGE 273); ..AND the East Half of the Northwest Quarter of the Northeast Quarter of the Southeast Quarter and the Southwest Quarter of the Northeast Quarter of the Southeast Quarter of the Section 25, Township 28 South, Range 26 East, said Land situate lying and being in Collier County Florida. (O.R. 752, PAGE 274); ..AND the East half of the Southwest quarter of the Southwest Quarter of* Section 25, Township 48 South, Range 26 East: Subject to existing restrictions and reservations of record; and SUBJECT to an easement for public road right-of-way over and across the South 30 feet thereof. (O.R. BOOK 142, PAGE 230-231); ..AND The west half of the southeast quarter of the southwest quarter of Section 25, Township 48 South, Range 26 East, Subject to existing restrictions and resenrations of record; and SUBJECT to an easement for public road right-of-way over and across the south 30 feet thereof. (O.R. BOOK 109 PAGE 471-472); .AND the East Half of the Southeast quarter of the Southwest quarter of Section 25, Township 48 South, Range 26 East; subject to existing restrictions and reservations of record; and- subject to an easement for public road right-of-way over and across the South 30 feet thereof and the East 30 feet thereof. (O.R. BOOK 1239, PAGE 1156); ,AND the West half of the Southwest quarter of the Southeast quarter of Section 25, Township 48 South, Range 26 East; subject to existing restrictions and reservations of record: and subject to an easement for public road dght-of-wey over and across the South 30 feet thereof and the West 30 feet thereof, all in Collier County, Flodda. (O.R. BOOK 1353, PAGE 633-634); AND the East half (E 1/2) of the Southwest quarter SW (1/4) of the Southeast quarter (SE 114) of Section 25, Township 48 South, Range 26 East, Collier County, Flodda. (O.R. BOOK 1158, PAGE 332); AGENI)A ITEM OesC~¢~Jon of part of Sections 25 & 36. Township 48 Souttt. Range 26 East. Collie~ County, Floncla. Continued: AND the West half of the Southeast quarter of the Southeast quarter of Section 25, Township 48 South, Range 26 East, SUBJECT to existing restrictions and reservations of record; and SUBJECT to an easement for public road dght-ofoway over and across the South 30 feet thereof, LESS AND EXCEPTING the South 1/2 of the South 1/2 of the West 1/2 of the Southeast 1/4 of the Southeast 1/4. (O.R. BOOK 1158, PAGE 332); ..AND the South 1/2 of the East 1/2 of the NE 1/4 of the SE 1/4 of Section 25, Township 48 South, Range 26 East, Collier County, Florida; .AND the North 1/2 of the NE 114 of the SE 114 of the SE 114, Section 25, Township 48 South, Range 26 East, Collier County, Florida. (O.R. BOOK 1168, PAGE 255); AND the following three parcels as recorded in O.R. Book 1538, Pages 318-319, Collier County, Flodda: PARCEL 1 The West 1/2 of the Northeast 114 of the Northwest 1/4 of Section 25, Township 48 South, Range 26, East, Collier County, Flodda, LESS and excepting the North 100 feet thereof for highway right-of-way, and less the west 352.48 feet; PARCEL 2 The West 1/2 of the Southeast 1/4 of the Northwest 114 of Section 25, Township 48 South, Range 26 East, Subject to an easement for public road right-of-way over and across the West 30 feet thereof and the South 30 feet thereof, Collier County, Flodda; PARCEL 3 The East 1/2 of the Southeast 114 of the Northwest 114 of Section 25, Township 48 South, Range 26 East; Subject to an easement for public road right--of-way over and across the South thirty feet (30) and the East thirty feet (30) thereof; AND the West half of the southwest quarter of the northeast quarter of Section 25, Township 48 South, Range 26 East, Collier County, Florida, less the west 30 feet thereof and the south 30 feet thereof as access easement for highway right-of-way. (O.R. BOOK 1445, PAGE 705); ,AND the East 1/2 of the Northwest 114 of the Northwest 1/4 of Section 25, Township 48 South, Range 26 East, Collier County, Florida. (1438, PAGE 454-455), Less the North 100 foot thereof; AND the West one-half (W 112) of the Northwest one-quarter (NW 1/4) of the Northeast one- quarter (NE 1/4) of Section 25, Township 48 South, Range 26 East, Collier County, Flodda, less '~the North 100 feet thereof. (O.R. BOOK 1317, PAGE 2111); AND the North 1/2 of the Northeast 114 of the Northwest 1/4, Section 36, Township 48 South, Range 26 East, Collier County, Florida, Subject to a public easement on, over and long the North and East 30 for ingress and egress and SUBJECT TO EASEMENTS, RESTRICTIONS, AND RESERVATIONS OF RECORD. (O.R. BOOK 1872, PAGE 1308); AND the North 1/2 of the NW 114 of the NE 1/4, Section 36, Township 48 South, Range 26 East, collier County, Florida. SUBJECT TO easements for public road right-of-way over and across the West 30 feet thereof and the North 30 feet thereof. (STEWART TITLE GUAI~J~.NTY COMPANY, POLICY NUMBER 0-9902-503183, ORDER NUMBER 89100038); AND the West 1/2 of the Southwest 1/4 of the Northwest 114 of Section 25, Township 48 South, Range 26 East, Collier County, Florida (O.R. BOOK 2379 PAGE 1374); AND the East 1/2 of the Southwest 114 of the Northwest 1/4 of Section 25, Township 48 South, Range 26 East, Collier County, Florida (O.R. BOOK 2379 PAGE 1373); AND the West one-half (1/2) of the East one-half (112) of the Southwest one-quarter (114) of the Northeast one-quarter (1/4) of Section 25, Township 48 South, Range 26 East. Collier County, Florida. (O.R. BOOK 1501. PAGE 1629-1630); AN.__.~D the North ONE-HALF (1/2) of the East ONE-HALF (1/2) of the North East ONE- QUARTER (114) of the South East ONE-QUARTER (1/4) of Section 25, Township 48 Range 26 East, collier County, Florida. (O.R. BOOK 2305, PAGES 135-136); Subject to'easements and restrictions of record. -A. ND the West 1/2 of the Northwest 114 of the Northwest 114 of Section 25, Township 48 South, Range 26 East, Collier County, Florida. LESS THE NORTH 100 FEET. (O.R. BOOK 1564, PAGES 87-88), (O.R. BOOK 2110, PAGES 191-192)AND (O.R. BOOK 1445, PAGE 2365); OCT 12 1999 ~8 wrm- CONCEPTUAL LAND PLAN (;aS~aSP, AL 8UFIFACE WATER MANA~ FEATUFE8 Prepared loc. (3rand Lm~l Initiative L.LC AGENDA ITEM OCT I 2 1999 CONDITIONS OF APPROVAL CU-99-17 a) b) c) 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 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 of the Collier County Land Development Code. The location of the access points on Immokalee Road (CR-846) is subject to the Collier County Access Management Plan. 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. 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. This plan shall include methods and time schedule for removal of exotic vegetation. EXHIBIT "D AGENDA ITEM OCT 1 2 1999 EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "INDIGO LAKES", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY OBJECTIVE: To approve for recording the final plat of "Indigo Lakes", a subdivision of lands located in Section 27, Township 48 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats. CONSIDERATION: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Indigo Lakes" These documents are in compliance with the County Land Development Code and Florida State Statute No. 177.~ All fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement ~-. for Subdivision Improvements, shall be provided and accepted by the Planning Services Director and the County Attorneys office prior to the recording of the final plat. This would be in conformance with the County Land Development Code - Division 3.2.9. Engineering Review Section recommends that the final plat of "Indigo Lakes" be approved for recording. FISCAL IMPACT: The fiscal impact to the County is as follows. The project cost is $1,432,909.00 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $545,327.00 - $887,582.00 The Security amount, equal to 110% of the project cost, is $1,576,199.90 AC-,E~A ITEM OCT 1 2 1999 Executive Summary Indigo Lakes 'Page 2 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: $26,903.84 Fees are based on a construction estimate $1,432,909.00 and were paid in May an~ September, 1999. of The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)-$ 908.40 b) c) Paving, Grading (1.275% const, est.) GROWTH MA/~AGEMENT IMPACT: Construction Drawing Review Fee Water & Sewer (.50% const, est.) - $ 2726.64 Drainage, Paving, Grading (.425% const, est.)$ 3772.22 Construction Inspection Fee Water & Sewer (1.5% const, est.) - $ 8179.91 Drainage, - $11316.67 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 "Indigo Lakes" for recording with the following stipulations: Approve the amount of $1,576,199.90 as performance security for the required improvements. 2. Approve the standard form Construction and Maintenance Agreement, and a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Planning Services Director and the County Attorney's office. AGENDA OCT 1 2 1999 pg. Executive Summary Indigo Lakes ~age 3 PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Manager R~re, AICP Planning Services Department Director APP~~ BY: Vincent A. Cautero, AICP, Administrator Community Development & Environmental Services Community Dev. and Environmental Svcs. DIVISION j rh Date Date Date Date AGENDA ITEM OCT 1 2 1999 RANGE 26 EAST 17 20 29 16 21 846 28 15 22 I I 14 I I . 13 I I 23 I 24 IMMOKALEE RD. 25 ~ SHEET NOT TO SCALE 1 AGENDA EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "HOME DEPOT NAPLES" OBJECTIVE: To approve for recording the final plat of Home Depot Naples, 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 final plat of "Home Depot Naples" This document is in compliance with the County Land Development Code and Florida State Statute No. 177. Ail fees have been paid. There are no subdivision related improvements associated with this plat. Engineering Review Section recommends that the final plat of "Home Depot Naples" be approved for recording. FISCAL IMPACT: 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: $450.00 Plat Review Fees 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 "Home Depot Naples" with the following stipulations: 1. Authorize the recording of the Final Plat of "Home Naples." OCT 1 2 1999 Executive Summary Home, Depot Naples Page 2 PREPARED BY: J~ohn R. H-ouldsworth, Senior Engineer Engineering Review Date REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Manager ~ob%rt Mulhere, AICP Planning Services Department Director Vincent A. Cautero, AICP Administrator Community Dev. and Environmental Svcs. Community Dev. and Environmental Svcs. DIVISION Date ate Date OCT 1 ~ 1999 pg. ~D~ ~ EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "LAUREL LAKES, PHASE ONE", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY OBJECTIVE: To approve for recording the final plat of "Laurel Lakes, Phase One", a subdivision of lands located in Section 27, Township 48 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats. CONSIDERATION: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Laurel Lakes, Phase One" These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. Ail fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Planning Services Director and the County Attorneys office prior to the recording of the final plat. This would be in conformance with the County Land Development Code - Division 3.2.9. Engineering Review Section recommends that the final plat of "Laurel Lakes, Phase One" be approved for recording. FISCAL IMPACT: The fiscal impact to the County is as follows. The project cost is $846,669.76 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $252,818.00 - $593,851.76 The Security amount, equal to 110% of the project cost, is $931,336.74 OCT 1 2 1999 Executive Summary Laurel Lakes, Phase One Page 2' 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: $15,680.26 Fees are based on a .construction estimate of $846,669.76 and were paid in July, 1999. The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)- $ 528.41 b) c) Paving, Grading (1.275% const, est.) GROWTH MANAGEMENT IMPACT: Construction Drawing Review Fee Water & Sewer (.50% const, est.) - $1264.09 Drainage, Paving, Grading (.425% const, est.- $2523.87 Construction Inspection Fee Water & Sewer (1.5% const, est.) - $3792.28 Drainage, - $7571.61 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 "Laurel Lakes, Phase One" for recording with the following stipulations: Approve the amount of $931,336.74 as performance security for the required improvements. 2. Approve the standard form Construction and Maintenance Agreement, and a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Planning Services Director and the County Attorney's office. OCT 1 Z 1999 Executive Summary Laurel Lakes, Phase One Page 3 PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Manager Robert Mulhere, AICP Planning Services Department Director APPROV~~: Vincent A. Cautero, AICP, Administrator Community Development & Environmental Services Community Dev. and Environmental Svcs. DIVISION j rh Date Date Date Date OCT 1 Z 1999 3 N A P L E S - I I~1M 0 K A L E E T~ADE CENTER WAY HWY. VAND ERBI LT t CR 846 PROJECT LO~ATION BEACH ROA 95~ PINE RIDGE ROAD EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "GLEN LAKE ESTATES", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY OBJECTIVE: To approve for recording the final plat of "Glen Lake Estates", a subdivision of lands located in Section 5, Township 49 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats. CONSIDERATION: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Glen Lake Estates" These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. Ail fees have been paid. Security in the amount of 10% of the total cost of the ~--required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Planning Services Director and the County Attorneys office prior to the recording of the final plat. This would be in conformance with the County Land Development Code - Division 3.2.9. · Engineering Review Section recommends that the final plat of "Glen Lake Estates" be approved for recording. FISCAL IMPACT: The fiscal impact to the County is as follows. The project cost is $599,490.25 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $227,144.00 - $372,346.25 The Security amount, equal to 110% of the project cost, is $659,439.28 OCT 1 1999 Executive Summary Glen Lake Estates Page. 2 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: $11,374.42 Fees are based on a construction estimate of $599,490.25 and were paid in August, .1999. The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)- $ 501.64 b) c) Paving, Grading (1.275% const, est.) GROWTH MANAGEMENT IMPACT: Construction Drawing Review Fee Water & Sewer (.50% const, est.) - $1135.72 Drainage, Paving, Grading (.425% const, est.- $1582.48 Construction Inspection Fee Water & Sewer (1.5% const, est.) - $3407.16 Drainage, - $4747.42 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 "Glen Lake Estates" for recording with the following stipulations: Approve the amount of $659,439.28 as performance security for the required improvements. 2. Approve the standard form Agreement, and Construction and Maintenance a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Planning Services Director and the County Attorney's office. OCT 1 2 1999 Executive Summary Glen Lake Estates Page 3 PREPARED BY: Jo-h~n R. Houldsworth, Senior Engineer Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Manager be~t Mulhere, AICP Planning Services Department Director Vincent A. Cautero, AICP, Administrator Community Development & Environmental Services Community Dev. and Environmental Svcs. DIVISION j rh - Date Date Date Date AG E N D,~, IT, ilE,.~ ~,~' OCT i g 1999 N OF TRACT AA PAGES 7 THROUGH TOWNSHIP OF 18; 49 SOUTH, THE VINEYAR1 A. SUBDIVISI0 RANGE 26 EAS LOCATION MAP / VICINITY MAP O~ V. FW ~NEYARDS 6 7 UNiT 35 GATEWAY TROPICA INT~ CENTER CENTER WEST 18 32 UNiT 96 53 V~NDERBiL? BEACH g5 I1~ Ii II 9 UNIT 32 RO~D E×T 54 3 UNIT 2 10 UNIT 1 ~ PLAZA 17 UNIT ,.35 PiNE RIDGE: ROAD EXT. Il II UNiT 34 15 UNIT EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "FOREST PARK", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY OBJECTIVE: To approve for recording the final plat of "Forest Park", a subdivision of lands located in Section 33, Township 49 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats. CONSIDERATION: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Forest Park". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. Ail fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Planning Services Director and the County Attorneys office prior to the recording of the final plat. This would be in conformance with the County Land Development Code - Division 3.2.9. Engineering Review Section recommends that the final plat of "Forest Park" be approved for recording. FISCAL iMPACT: The fiscal impact to the County is as follows. The project cost is $741,640.45 (estimated) to be borne by the developer. The cost breakdown is as folloWs: a) b) Water & Sewer Drainage, Paving, Grading - $337,615.00 - $404,025.45 The Security amount, equal to 110% of the project cost, is $815,804.50 OCT 1 2 1999 Executive Summary Forest Park Page 2 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: $14,451.74 Fees are based on a construction estimate of $741,640.45 and were pa. id in May, 1992 & 1999. The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)- $ 831.00 b) c) Paving, Grading (1.275% const, est.) GROWTH MANAGEMENT IMPACT: Construction Drawing Review Fee Water & Sewer (.50% const, est.) - $1688.08 Drainage, Paving, Grading (.425% const, est.- $1717.11 Construction Inspection Fee Water & Sewer (1.5% const, est.) - $5064.23 Drainage, - $5151.32 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 "Forest Park" for recording with the following stipulations: Approve the amount of $815,804.50 as performance security for the required improvements. Approve the standard form Construction Agreement, and and Maintenance a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Planning Services Director and the County Attorney's offiCe. OCT I 2 1999 pg. c~ Executive Summary F~rest Park Page 3 PRE~ARE~BY~: . -- ~!C~[.~oul d~S!w~o?t~h~,~ ~n?~r E~ngineer Engineering Review REVIEWED BY: Engineering Review Manager R6ber~Mulhere, AICP PlannSng Services Department Director APPROVED BY: Vincent A. Cautero, AICP,-Administrator Community Development & Environmental Services Community Dev. and Environmental Svcs. DIVISION j rh Date Date Date Date OCT 1 ~ 1999 VINEYARDS PINE RIDGE ROAD GOLDEN GATE PARKWAY GOLDEN GATE CITY PROJEI *SITE NAPLES ~] PROD. PARK LAKES SR. 858' RADIO ROAD FLAMINGO ESTATES z COLLIER DRI LELY COUNTRY CLUB TOLL ( OMM. F S~.8, OCT 1 g 1999 VICINITY MAP NOT' 'r(5 sCX£E ' EXECUTIVE SUMMARY PETITION NO. C-99-7, LIT DROGUETT, OF STERLING & REID 3 RING CIRCUS, REQUSESTING A PERMIT TO CONDUCT A CIRCUS AT THE COLLIER COUNTY FAIR GROUNDS LOCATED ON THE EAST SIDE OF IMMOKALEE ROAD (C.R. 846) ON OCTOBER 25 AND OCTOBER 26 1999. OBJECTIVE: Sterling & Reid Bros. 3 Ring Circus, is requesting that the Board of County Commissioners approve a permit to conduct a circus from October 25 and 26, 1999, at the Collier County Fair Grounds. The applicant is requesting a waiver of the requirement to obtain a surety bond. CONSIDERATIONS: Sterling & Reid Bros. 3 Ring Circus has made application to the Board of Count Commissioners for a permit to conduct a circus. Sterling & Reid Bros. 3 Ring Circus has met all the requirements for the granting of such permit, other than the request for waiver of the Surety Bond addressed herein. Staff supports the request to waive the surety bond as there have been no previous problems related to clean up of this site after any event. 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 Sterling & Reid 3 Ring Circus has signed an agreement with the Collier County Fair Board for clean up costs, if the Sterling & Reid 3 Ring Circus fails to restore the site back to the original condition, the County has no liability. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: he Board of County Commissioners approve the permit to conduct the circus and the waiver of the Surety Bond. id F. Ni~ng,'~P~I"~l~ DATE Current Planning Manager REVIEWED BY: PLANNING SERVICES DIRECTOR DATE APPROVED BY: / VINCENT ~.'CAI~TEI~O, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE .1 ' AGENDA I~r.M OCT I 2 1999 Pg. / · & ~! l~amHy ~'radition lot Over 150 Years! August 13, 1999 Board Of County Commissioners 3301 Tamiami Trail East Naples, FL 34112 COLLIER COUNTY PLANN;~','G SERVICES DEPT. 'y NOTE: Dear County Commissioners: Enclosed is our Operation Petition for Sterling & Reid Bros. Circus to be held on Oct. 25th & 26th, 1999 @ Collier County Fairgrounds show times both days will be 5:15 & 7:30 pm. I believe I have enclosed all information needed, if I have missed something p~ease call and I will get it to you ASAP. Niles T. Garden is the owner ( accountable for show ) of the Circus. 7313 Biltmore Dr. Sarasota, FL 34231 9411365-7511 SS4¢ 589-46-265O FL DL # G635 638 73 261 0 The show has its own security and parking staff. Please call if you have any questions. Sincerely, Lit Droguett 505 SARASOTA QUAY' SARASOTA, FL0RIDA 34236 941/365-7511 ' FAX 941/365-7217 A~TEM OCT 1 2 1999 COMMUNITY DEVELOPMENT AND ENVIRONMENTAL sERVICES DIVISION Planning Services Department 2800 North Horseshoe'Drive Naples, Florida 34104 PLANNING SERVICES 9/16/9 9 Ann Ward, Fair Director 751 39m Avenue N.E. Naples, Florida 34120 RE: Petition No. C-99-7 Sterling & Reid 3 Ring Circus Dear Fair Director:.' Please be advised that the above-referenced petition h~ been scheduled for the Board of County Commissioners October 12, 1999, public hearing. The hearing begin~ at 9:00 A.M., and is held in the Board of County Commissioners Meeting Room, 34 Floor, Administratioa Building, County Government Center, 3301 East Tamiami Trail, Naples, Florida. Please contact the assigned planning technician noted below at 403-2400 if you have any questions. Sincerely, Cecilia K. Martin Planning Technician II Planning Services cc: C-99-7 File Lit Droguett Sterling & Reid Bros. 3 Ring Circus ' 505 Sarasota Quay Sarasota, Fla. 34236 Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt ITrans Number 1Date IPost Date I Payment Slip Nbr 153173 9/10/99 4:21:22 PM 9/13199 MS 59274 Payor' STERLING & REID Fee Information Fee Code I Description 11CIRC FAIR & CIRCUS PERMITS Account 313890034122000000 Total Amount $200.00 $200.00 Waived Payments IPayment Code I AccounUCheck Number AmountI CHECK 2442 $200,00 Memo: C-99-7 Steding & Reid Bros Circus Total Cash $0.00 Total Non-Cash $200.00 Total Paid I $200.001 Cashier/location: FROLOFF_E / 1 User: MARTIN_C Collier County Board of County Commissioners CD-Plus for Windows 95/NT Printed:9/10/! NOTE: .please read reverse side Copy: Zoning Director ,., ,, " before completing this Copy: Petitioner Petition. Copy: (2) County Manager ,~ C ~ ~ Cb5 CARNIe"AL OPERATION PETITION PETITION NO. ~9 7 ~: PETITIONER'S N~E: PETITIONER'S ADD.SS: TELEPHONE: PROPERTY OWNER'S NAME: PROPERTY OWNER'S *DDRESS: ~ I LEGAL DESCRIPTION OF S~JE~ PROPERTY: I ~ , , ve. zv. F__ . / GENERAL LOCATION: CURRENT ZONING: NATURE OF PETITION: THE FOLLOWING INFORMATION IS INCLUDED IN THIS PETITION. TION, SEE REVERSE SIDE.) 3.a. 3.e.1) 3.b. 3.e.2) 3.c. 3 .e.3) 3. d. Comments: 3.e.4) 3 .e.7) 3.e.5) 3.e.8) 3.e.6) 3.e.9) (FOR EXPLANA- DATE REVIEWED by Board of County Commissioners: Approved: Disapproved: Conditions of Approval: SIGNATURE OF COUNTY MANAGER ,~.~ OCT 1 2 1999 104~1 ALLIED SPECIALTY INSURANCE, INC. OULF BOULEVARD, TREASURE ISLAND, FL. 33706 Toll Free 1-800-237-3355 National 1-800-28~--677& Florida CertiFicate"Number~ 15 CERTIFICATE OF INSURANCE ~,. 'l'h~s certificate nail:her a~¢irmatively nor negativelg amends, extends or alt the coverage a~orded bg the ~olicy<ies) described hereon and is issued m~;~ter o~ n~ormation and con.ers no right upon the ho'l~der. ~he po!icg<ies) ~denti~ied belom bg a/policg numbe~."is in ~orce on the date ce,.ti ~icate i~suance. Insurance is a~orded 'onlg mith respect to those coverages ~or ~h~ch a specific limit' °~:.liabilitg has been entered and is subject to all terms o~ the policg having re~erence thereto. Nothing herein con ained shall modiFg ang p~ovi~s~on o~ s~id policg. in the event o~ ~ancellation o~ the 'poli~,~ the compang issuing sa~d policg ~uill ,n~ke all reasonable e~or.t to send,,~ice o~ Cancellation to the ce,'ti~icate holder at the a'ddr'e~s shomn herein, but the Compang assumes no r(-sponsibilities ~or ang miSt~k:e o~ ~ailure to give such notice. AnU insurance made. a part o~i~e policg includes as a ~erson insured mith respect to an oc~9'~rence takin~g place at m Circus sit , (1) the Fai~ or exhib~ti~on a~sociation~<' sponsorin~ organization or committee (2) the o~ner ~' lessee %here'o~ <3) a municipal~ g granting the Named Insured permission to operate-?a(n) Circus, but onl~ as respects bodilg inju~g o~ propertg damage caused bg or contributed to bg the negligence o~ th Named Induced ~hi!e~'acting in the course and scope o~ their emplogment. NAME &' ADDRESS oF, INSURED: ADDITIONAL INSURED: Combined Gho~s Inc DB~ ~ ~ ~te~ling & Reid ~os Circus ~ e~' ~ 8 505 .Gm~asotm 8umg DATES: PRIMARY COVERAOE Cumpang' ]'.H.E. Insurance Compmnu Pol~cg Number: ~9LF2074 LIABILITY LIMITS B~/PD OCC' $1,000,000 EXCESS COVERAOE Food Products' ~oiic~ period' Prom' To' Bodilg Injurg & Propertg Damage Bodilg Injurg & Propertg Damage ~5,000,000 $0 $0 Excess o~ Excess o~ $0 $0 $1,000,000 ~0 ~'0 04/09/99 04/09/00 00/00/00 00/00/00 00/00/00 00/00/00 * - COMBINED SINQLE LIMIT (Copies Not Valid) Coverage sho~n herein applies onlg to those items scheduled on or endorsed to th~ poliog. This certificate is not valid unless an o~iginal signature appea~s belom. March D~FE'-I]I~-~'~-RTTF~ATE INSURANCE COLLIER COUNTY I'EMPORARY USE PERMIT SPECIAL EVENT lm .Tempcrar'/Sales ~l~emporsry Spore;, Religious, or Community Event ,~ Fi Sign Only ~ Temporary Se~-s~mal Sales: E3Christmas Trees; [] Fireworks; F'I Pumpkins J Event Address: _~1 3q ~, ~e. ~'~ E, Event Dates: This permitis effec~efrom /z:? /_~_/~Cto /C/_~_/ 7¢'. Property. Owner: Name: Address: Phone: Applicant: Name: Address:. Phone: A~A ITE~ OCT 1 2 1999 Pg- ? Attach a site plan w ~ich depicts: [] property t~oundaries []externai r3ads = access p(}ints · . parking (i-nproved & unimproved to be.used by vehicles dudng event) = buildings [] proposed sign locations SITE INFORMATION Zoning: Present Use: Parking: [] unc',evetoped ,1~ de~'elcped; type of business [] un(leveloped; site plan indi~tes designated parking areas [] de,,eloped; site plan indicates a maximum of 10% of the parking area oc(:upied by the special event Banner or Sign: Collier County Land Deve!opment Ccde Section 2.6.33.6.2 allows cne temporary sign or banner in conjuncti¢ n with a temporaw use permit (2 signs are allowed for properties with mere than 1 st'eet frontage). MAXIMUM SIZE = 32 square feet. WIND SIGNS [includin(3 bailoor, s, sf. reamers, rotatino devices and unofficial flags) ARE PROHIBITED. Traffic Safety: Authorization from ti le Collier County Sheriff's office may be required for certain events. [] un :leveloped: proposed access points are shown on the site plan- [] developed; access points existing Exterior Lighting: .]~ ex sting [] additional lighting indicated on site plan Noise: I-I nc music or noise proposed 'l~m, Jsic'noise is anticipated from. Alcoholic BeYerag es: ~.al~ x3ho[ic beverages will not be sold or consumed f"l a ,:opy of the Florida Beverage Commission permit is attached AGFI~)A ITF, M OCT I 2 1999 Restrooms: [] exisling facilities will be available [] porbzble faciliUes are shown on the site plan Security Guard: ~.~sect,dty will be provided I-I security will not be provided Other Requirements: By acceptance of ti' is permit, the applicant agrees to defend, hold harmless and indemnify Collier Col nty and its agents from any and all liability which may arise as a result of the issuance of this permit and agrees to conform with applicable provisions of the Collier County Land Development Ccde.  /,¢-_, rope,~o/ owner or properuy manager of the u pr r to use the property as described herein dud:zg the time pedod indicated. I understand that Collier County Land · Development Code ~ e~ion 2.6.33.6.2 permits a total of 28 days per calendar year (up to 14 consecLr~ve da!'s) for special events on this prope.mT. Property Own.er/Mar~ ~ger D~te Planne~.) ' /Date This permit does no:.' constitute approvals which may also be necessary under-other local, state and fed~:ral regul.~dons, including, but not limited to right-of-way permit, building permit, FAA. FCC, fire district, & DEP. This TU permit is issued pursuant to informaUon provided by the applicant. TU permit fee: $75 Checks payable to · Board of County Commissioners COLLIER COUNTY COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 2800 North Horseshoe Drive Naples, FL 34104 941-403-2400 3 'OCT 1 2 1999 COLLIER COUNTY OCCUPATIONAL LICENSE TAX ' ' COLLIER COUNTY TAX COLLECTOR . .~ . 2800 N. HORSESHOE DRIVE * NAPLES, FLORIDA 34104 · (941) 403-2477 "'-' ~ ,.. THIS UCENSE EXPIRES SEPTEMBER 30,~J0 O0 LocATION:7 51 3.9 TH AV~. NE'., " ~ ""~ I OlspLAy AT PLA~E OF eUS~NESS FO~ PUBUC [NSPEC~O. I ZONED: COLL:iER.' C0 FAIRGROUNDS 'l FAILURE TO DO IS CONTRARY TO LOCAL LAWS. · .." '' ' LEGAL FORM PROFESSIONAL REG. NO. BUSINESS PHONE · 365-7511 231 .UMBER E ,,o Es CLASSIFICA33ONO~TRCUS, CARNIVAL, $~I.~;~0[~_~_.{~ ~v~_-- ~ ~/~/i~?~..ucc_ - o1I.£~ ,~o~[: rhis document Is an cx:cupational license tax only. ThIs is not certific~tioa that licensee is ~..., . .. ,-.-~r .~:,~.'., ,'.,-'~' .',;,,',~'~,, ?;; - ,~(~lk permit the I~flse~ to vk:date any existing regulatory or zoning laws.of the state, county, O~ C~leS nm' ooes n ~.~.O,J ~.!~vz ~* '~-' v~,.,,.,~'~,- exem04 the licensee fro~ any other license o~ permits that m~y be required bY law. .;K ~:~fl~ · k,- ' W/~J~"IN OR POSTMARKED BY: I OCT. I - OCT. 31 ! NOV. 1 - NOV.":~3 ! DEC. 1 - ¢)EOJ4~% ~ I JAN. 1 AND AP1:1~ '~F~ [ '~ ' ~.(.V _~--~-'- BEFORE 1 00, 00 ' ~) Pi. SPONSOR NOTIFICATION FORM FOR TEMPORARY EVENTS: Name of event S~0P~ ~ ~J %C~ C~ ~ ~ Address of event ~-) ~q4~_. . ~.~- ~ 5 ~ /~c~ ~ , ~ Date(s) of event CC~, ~-~ ,.~ Hours of operation Sponsor of event Address of Sponsor ------- Person in charge of food service 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 ( q ) Permanent: Male ( ) Female ( ~ ) Female ( ) Method of toilet waste disposal: Describe method~ of liquid, kitchen waste dis?ese%:, Describe containers and method of solid waste disposal (garbage): ~L~ ! Number of solid waste disposal oontainers provided= Describe facilities and method of ~d wa.s. hing: Describe facilities and method of utensil washing, .rinsing and sanitizing:-~co'~\~{ ~au{ -~. %;~ -/of Source of potable water: For information and assistance contact: Environmental Health & Engineering Department (813) 643-8499. OCT 12 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 b~siness will be conducted in compliance with the Florida Administrative Code, Chapter 10D-13. Si of sponsor's agent Date: AGENDA ITEM OCT 1 2 1999 /.2. INDIVIDUAL BOOTH NOTIFICATION FOP~ FOR TEMPORARY EVENTS Name of event: %~6~V1~ ~{~ ~[0~ C~ ~C ~ Name of booth: ~C~% Co~C~l~o~ ~ ~ Il Person in charge of booth: ~C~ ~~,/ N; k0}q Types of food or beverage to be served: Florida Administrative Code, Chapter 10D-13 rewires 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. ~ation of advanced food preparation: ~e ~ ~5 ~ O~ / How will food be transport~ to event location? Method of keeping food hot and/or col~ 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 pf s~ructuse: g~ee~ Adequate facilities and supplies shall be provided for employee handwashing. How will you provide this? For Information and Assistance contact: Environmental Health & Engineeriog Dept - (813) 643-8499 A~cI~DA liE OCT 1 2 1999 INDIVIDUAL BOOTH NOTIFICATION FOR.H FOR TEMPORARY EVENTS ame of eve.t: ros C 'cu5 Person in charge of booth: l Types of food or beverage to b~ served: ~o¥ o.'~%.:~ g~vr%~rsI Corv~Jo%~, Sav~%~ i~'r,'~ Florida Administrative Code, Chapter 10D-13 rewires 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. ~ation of advanced food preparation: ~C~ ~% ~O~ / How will food be transport~ to event location? Method of keeping food hot and/or colc~ at event site: C,-,id i'¢~ ~r~a~o_ ~c ~C~e'~ec. 'X-~o~ ~-c,o~5 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 s~ructure: Adequate facilities and supplies shall be provided for employee handwashing. How will you provide this? ~ i' ' (813)_643-849 For Information and Assistance contact: Environmental Health & Engineering Dept - AGENDA ITEM OCT 1 2 1999 INDIVIDUA~ BOOTH NOTIFICATION FOP~ FOR TEMPORARY EVENTS Name of event: %'~ef~A~&~ Name of booth: ~~ Person in charge of booth: Types of food or beverage to be served: Florida Administrative Code, Chapter 10D-13 rewires 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. Lo~ation of advanced food preparation: ~C~.O ~% ~O~ ! 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 pf s~ructu~e: g~ee~ Adequate facilities and supplies shall be provided for employee handwashing. How will you provide this? For Information and Assistance contact: Environmental Health & Engineering Dept - (813) 643-8499 AGENDA I OCT 12 1999 SEATS o [ FOOD EXIT AREA FOR DISABLED CONCESSION STOCK I MOTOR HOMES GENERATOR EXIT 20' FiRE LANE TENT STAKE LINE O POWER BOX LIGHT TOWER EXIT & PERFORMERS ENTRANCE [] 20X35 ENTRANCE TENT ClRCU~....~ DINER U' ~ DINER I I TENT RESTROOM FACILlllES 20 X 40 J I DINING TENT JCOOKHOUSE BUS J i RF-~.^Tn~'' I I' 35 X 70 HORSE TENT 12 X 40 PONEY AWNING 30'X 45 El FPHANT AWNING FENCE I CONCESSION I TRAILER 30X40 25X30 CAMEL SLIDE RIDE APPROX. 15 LIVING TRAILERS J~OFFICE TRAILER J GENERATOR I~ [] F--I TOY .. _C) L_.JCONCESSION RIDE TICKETS J ~x~l (~ HAUNTED HAUSE PONY RIDE STERLING & REID BROS. CIRCUS SITE PLAN MAIN TENT IS 106' X 226' / HEIGHT 45' OCT 1 2 1999 FIRE Our layout and requirements are designed according to Califomia code. Fire Extinguishers: We have 40 B/C extinguishers which are located one at each of the 4 center poles, one extinguisher is mounted in eac_~ seat trailer. Each concession stand has a 40 B/C mounted in the wagon. Each generator has one 40 B/C located next to the unit. Each of our trucks cardes a fire extinguisher which are available. .Exits; There are 5 cleady marked exits which are built into the sidewall Each exit has an illuminated exit sign with back up emergency lighting in case of power failure. The exit and evacuation process is explained to the public pdor to the start of each performance. A~'~rNDA i" OCT I 2 1999 Pi./? L~)CATION: ZONED: 7035 O,CCUPATIONAL LICENSE 1999/2000 RENEWAL NOTICE MAKE CHECK PAYABLE TO: COLLIER COUNTY TAX COLLECTOR 2800 N. HORSESHOE DRIVE · NAPLES, FLORIDA 34104 · (9~41~1~-2477 THIS LICENSE EXPIRES SEPTEMBER 30, ~vvv AIRPORT RD N MAKE CHANGES OR CORRECTIONS BELOW MUST PROVIDE THE FOLLOWING: LEGAL FORM BUSINESS IN OPERATION YES ~ NO [] ~ ,,: ,.z, ~ .o. ,:ow,..~ s,~, ,',NO '~"'. INDIVIDUAL [ GE OF LOCATION YES [] NO [] ESS WITHIN CITY LIMITS YES [] NO [] PARTNERSHIP [ .,OENCE USED AS OFFICE YES [] NO [] CORPORATION [ CHANGE OF OWNERSHIP YES [] NO [] SEATING CAPACITY ROOM COUNT NUMBER OF EMPLOYEES NUMBER OF VENDING MACHINES TRAVELING SHOW, CARNIVALS PROFESSIONAL REG. NO. TED ZACCHINI & SONS ZACCHINI. TED L 1208 N. ORANGE AVE SARASOTA 34236 FL . ~.;C] 1 ier C,::u {'.,t ¥ PHONECOUNT CIRCUS, CARNIVAL, SIDE SHOW 9/13/:t' .... ...v, CLASSIFICATION T~7 [..,.. - "'RETURN}THIS ~IQT~E WITH F:~E~ 7 , HEREBY DECLARE T.E PRECEO,NG STATEMENTS ARE TRUE AND FACTUAL TO THE BEST OF'~Y'~)~;~.~bB~;'. 00 0104 OOOjL 124 00004~33 -- SIGN. [~'TCL;p~%l,?n~,! : :,- , ~.O0..~.., ~ER AND~R REPRESE~ATIVE ~ ~SlNE~ TI~E DATE f~ . -,~ ~ m" ~ .~ ~ ~k~, .~,1, WALK-IN OR POSTMARKED BY: I ~T. I - ~T. 31 I NOV, 1 - NOV, ~ I DEC. 1 '"~EO; el": ~ I J~. 1 AND A~I~H I L~ENSB NO;~ODE SEPTEMBER ~ 0 180000 1 AGENDA ITEM OCT 1 2 1999 .--ermit PERMIT FOR CARNIVAL EXHiB!TICN STATE OF FLORIDA : :OUNTY CF COLLIER: WHEREAS, Sterling & Reid 3 Ring Circus, has maGe application to the Board of iounty Commissioners of Collier County, Florida, for a permit to conduct a circus; and WHEREAS, Sterling & Reid 3 Ring Circus, nas presented to the Board sufficient evidence that all criteria for the issuance of a permit to conduct a circus as set fDrth in 2hapter 10, Article II, Auuusements and Entertairunents, of the Collier County isde have been satisfied and that such circus will be concucted according to lawful requirements and conditions; and WHEREAS, said Sterling & Reid 3 Ring Circus, nas requested a waiver of the Surety 3cnc; and NOW, THEREFORE, THIS PERMIT IS HEREBY SRANTED TO Sterling & Reid 3 Ring Circ% :s concucu a circus from October 25:~, 1999 ~hrouqn October 26t~, 1999,' in accordance wi~h the ~erms and conditions se= forth in The pet!~ioner's application and all re!ateo hocuments, attached hereto and incorporateo herein for the following zescribeo proper~y: ~See attached Exhibit "A"~ /he request for walver of Surety Bong is hereby approved. WITNESS my hand as Chairman of said Board and Seal of said-~unty, attested ~y Cler~ of Courts in and for said County ~his :ay of , 1999. ATTEST: JWIGHT 5. BROCK, CLERK OF COURTS BOARD OF COUNTY COMMISSIONERS: COLLIER CCUNTY, FLORIDA: PAMELA S. MAC' KiE, CHAIRWOMAN APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ~ARJORI~'Mi ~TUDENT ASSISTANT COUNTY ATTORNEY AGENDA ITEM OCT 1 2. 1999 t,tKl:l tT 'A' Cb,,c. ~.ctb ll'Oi'2&' M,.c 2JJ.~i fitc Ce the reft ceectav, i[..( ,etd v*.c ~;.4. ~rCh I'J~'ti' .I EXECUTIVE SUMMARY APPROVE AN AMENDMENT TO AN FLORIDA WATER MANAGEMENT COUNTY AGREEMENT BETWEEN THE SOUTH DISTRICT (SFWMD) AND COLLIER OBJECTIVE: To present a request to the Board of County Commissioners from the SFWMD for the extension of an Agreement for the replacement of the Valewood Drive Bridge. CONSIDERATIONS: On February 10, 1998, the Board entered into an Agreement for replacement of the Valewood Drive Bridge. That Agreement had a term expiring on August 9, 1999. The SFWMD wishes to extend the Agreement for a term of an additional twelve months. The District experienced difficulties in proceeding with its Cocohatchee Canal Improvement Project and was delayed in proceeding with the bridge replacement. The District has requested that Collier County extend the Agreement for one year (Attachment No. 1). The proposed Amendment is for a time extension for completion of the new bridge structure (Attachment No. 2). The District is wholly responsible for such construction. Collier County will have ongoing maintenance responsibilities after completion and acceptance of the construction as set forth in the original Agreement. FISCAL IMPACT: None GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: extend the Agreement for an additional twelve E d~i~~ Ed Ilschne ,~ublic Works Administrator That the Board authorize the Chairwoman to sign the Amendment to ~/oP/n Services Director DATE: Attachments: No. 1 - Letter from SFWMD dated July 7, 1999 No. 2 - Proposed Amendment to Agreement OcT 1999 South Florida Water Management District '"". July 7, 1999 Mr. Edward J. Kant Collier County Public Works Division 3301 E. Tamiami Trail, Building H Naples, Florida 34112 Subject: Contract Number C-8028-A1 Extension of Agreement TRANSPORTATION DEPT. DATE: ACTION: INFO: FILE: ..... Dear Mr. Kant: Under separate cover, the Contracts Division of the South Florida Water Management District recently sent you a contract amendment for extending the term of the cooperative agreement for operations and maintenance of the Valewood Drive bridge crossing the Cocohatchee Canal in Collier County. Approval of this contract amendment is on the agenda of the District Governing Board on the July 15, 1999 meeting in West Palm Beach. The original contract has a term of 18 months and expires on August 9, 1999. Due to delays in acquiring access for construction, the construction activities did not commence as originally planned. We now have a Contractor and issued a notice to proceed on July 16, 1999. Construction is scheduled to finish by February 11, 2000. Allowing time for Collier County to obtain a District right of way permit as per the contract, I requested a 12 month extension to the contract. There is no money involved in this contract amendment. Please prepare the appropriate agenda item for you Board and execute the contract amendment when you are able. Please call me at (561) 682-6238 if you have any questions. Sincerely, Robert A. Laura, P. E. Engineering and Project Management Division (1170) Construction and Land Management Department ral/shilolu~r- u ,err rla re,ED ATA/COCO/coco235.fl~c Governing Board: Michael Collins, Cha/rman Michael D. Minton, Vice Chairman Mitchell W. Berger Vera M. Carter Gerardo B. Fernandez Patrick J. Gleason Nicolas ]. Gutierrez, Jr. Harkley R. Thornton Trudi K. Williams / oct Michael Slayton, Deputy Executive Director Trevor Campbell, Deputy Executive Director Mailing Address: P.O. Box 24680, West Palm Beach, FL 334164680 SOUTH FLORIDA WATER MANAGEMENT DISTRICT AMENDMENT C-8028-A1 ORIGINAL AMENDMENT NO. 1 TO AGREEMENT NO. C-8028 BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND COLLIER COUNTY TRANSPORTATION SERVICE This AMENDMENT NO. 1, entered into on ,to that AGREEMENT dated February 10, 1998, between "the Parties," the South Florida Water Management District (DISTRICT), and Collier County Transportation Service (COUNTY). WITNESSETH THAT: WHEREAS, the AGREEMENT may be amended with the prior written approval of the parties; and WHEREAS, the Governing Board of the DISTRICT, at its July 14, 1999 meeting, approved entering into this AMENDMENT NO. 1 with the COUNTY; and WHEREAS, the parties wish to amend the AGREEMENT in order to extend the period of performance; NOW THEREFORE, the DISTRICT and the COUNTY, in consideration of the mutual benefits flowing fi.om each to the other, do hereby agree as follows: 1. The term of the AGREEMENT is hereby extended by One Year and the expiration date, as amended, is August 9, 2000. This AMENDMENT NO. 1 shall be effective upon the date of execution by the parties. 2. This AMENDMENT NO. I shall be at no additional cost to the DISTRICT. All other terms and conditions of the AGREEMENT, as amended, remain unchanged. ATTACHMENI NO._ '2~ PAGE [ OF, ~ Amendment No. I to Agreement No. C- 8028 -- Page I of 2 OCT I 2 19,99 O SOUTH FLORIDA WATER MANAGEMENT DISTRICT -- AMENDMENT IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby execute this AMENDMENT NO. 1 on the date first written above. SOUTH FLORIDA WATER MANAGEMENT DISTRICT BY ITS GOVERNING BOARD By: Sheryl ~. Woo~rocure~nent Director SFWMD OFFICE OF COUNSEL APPROVED By: ~ SFWMD PROCUREMENT APPROVED ATTEST: DWIGHT E. BROCK, Clerk by: Deputy Clerk Approved as to form and legal sufficiency Thoraa~s/~C -~- pa l~m~ Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: PAMELA S. MAC~KIE Title: Chairwoman AI'IACHMENI NO, c._ PAGE '~-~ OF ~ Amendment No. I to Agreement No. C- 8028 -- Page 2 of 2 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE THE STAFF SELECTION OF FIRMS AND AUTHORIZE STAFF TO NEGOTIATE AGREEMENTS WITH FIRMS FOR THE FIXED TERM CONSTRUCTION ENGINEERING INSPECTION SERVICES (RFP 99-2960) OBJECTIVE: To create a program of establishing agreements with several Construction.Engineering Inspection Firms. CONSIDERATION: The County is in need of Construction Engineering Inspection Services for those projects where County Inspection Staff may not have enough manpower to provide adequate construction inspections for Capital Projects. This program is to award fixed term contracts for a two year period in accordance with the County Purchasing Policy. Authorization of a Staff Selection Committee was given on June 7, 1999 to review, evaluate and rank proposals from Construction Engineering Inspection Firms, and to negotiate Agreements with the top ranked firms. RFP 99-2960 was issued, and twelve (12) responses were received on July 9, 1999. One firm was disqualified for not having a complete submission package. (Ranking Matrix is submitted with this document) The committee ranked the top five firms as follows: 1. Kissinger Campo 2. Wilson Miller 3. LawGibb Group, Inc. 4. Hole, Montes and Associates, Inc. and Johnson Engineering (Tied) The significant factors pertaining to the short list firms were number and quality of inspectors, construction engineering inspection experience, and well thought out Project Management Plan. It is the recommendation of the Selection Committee that contracts be made with the top five (5) firms. Upon approval by the BCC, negotiations will commence with the five top-ranked firms. Should these negotiations be discontinued for any reason, negotiation with the sixth ranked firm will commence. This process will continue until a contract is executed between Collier County and the successful firm(s). Work assignments under these Agreements are by a Work Order and Purchase Order. Work Order requests by a County Agency include a Scope of Work agreed to by the County and the professional firm. Assignments under $25,000.00 will follow Purchasing regulations being implemented with approval by the Department Director and OCT 1 2 1999 P<;. / ,, Executive Summary Agreements with Firms Page 2 an approved Purchase Order. require BCC approval. Work orders over the $25,000.00 threshold FISCAL IMPACT: Funding for Construction Engineering Inspection Services under these agreements shall be provided by each user Division, and contracted by a Work Order and Purchase Order funded by the using agency. GROWTH MANAGEMENT IMPACT: This action will continue to improve staff ability to implement the Growth Management Plan. RECOMMENDATION' That the Board of County Commissioners approve the selection of five (5) engineering firms and authorized staff to negotiate with the recommended firms. · A rm Minor, P.E., Senior Project Manager Public Works Engineering Department Jeff Bibby, P.E., Director Public Works Engineering Department REVIEWED BY' 5~~Steve carn~el~Di~ Purchasing Department APPROVED RY. ~;--'-~ Date: Ed Ilschner, Administrator Public Works Division OCT 2 :3 0 ~' O~) NO "' 'fi .o~ " ,,,m ~ ,~ o = o ~ m o O(:T 1 2 1999 CONSULTANT SELECTION SUMMARY OF SIGNIFICANT FACTORS FORM RFP #: 99-2960 RFP TITLE: Fixed Term Construction Enqineerinq Inspection Services SIGNIFICANT FACTORS PERTAINING TO SHORTLIST FIRMS: 2. 3. 4. Number and quality of inspectors Construction Enqineering inspection experience Well thought out Project Management Plan SIGNIFICANT FACTORS TO RANKING OF TOP FIVE FIRMS: 2. 3. 4. Number and quality of inspectors Construction Enqineerin,q inspection experience Well thouqht out Proiect Management Plan Project Manager Purchasing Agent Date Date 0Ci I 2 1999 .G. _~J'" _ EXECUTIVE SUMMARY APPROVE AMENDMENT NO. 5 TO THE PROFESSIONAL SERVICES AGREEMENT WITH COASTAL ENGINEERING CONSULTANTS, INC., TO PROVIDE PROFESSIONAL ENGINEERING AND SURVEYING SERVICES NECESSARY IN PERFORMANCE OF ANNUAL MONITORING REQUIREMENTS FOR THE MARCO ISLAND BEACH RENOURISHMENT PROJECT. OBJECTIVE: To obtain approval of Amendment No. 5 to the Professional Services Agreement with Coastal Engineering Consultants, Inc., relative to the estimated annual cost for performance of services during the 1999 monitoring period for the Marco Island Beach Renourishment Project. CONSIDERATIONS: On September 6, 1994, the Board of County Commissioners approved a Professional Services Agreement with Coastal Engineering Consultants, Inc., to provide professional engineering and surveying services necessary for the performance of annual monitoring requirements for the Marco Island Beach Renourishment Project. Article Four and Schedule "C" of this Agreement provides that this contract is intended to be a "continuing contract" as defined in Florida Statutes 287.055 (2) (g) with estimated annual costs being subject to review and approval by the Board of County Commissioners prior to services being rendered. The attached Amendment to this Agreement has been prepared for the purpose of obtaining approval of the estimated annual cost for services to be rendered during the 1999 monitoring period. Such has been reviewed and approved by the Beach Renourishment/Maintenance Committee and Tourist Development Council. FISCAL IMPACT: Pursuant to approval of a TDC funding application by the Board of County Commissioners on September 28, 1999, funds in the amount of $110,935.00 have been appropriated for this purpose. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of Count3' Commissioners approve Amendment No. 5 to the Professional Services Agreement with Coastal Engineering Consultants, Inc., to provide professional engineering and surveying services necessary to perfom~ required monitoring services for the Marco Island Beach Renourishment Project and authorize the Chairwoman to execute the Amendment. SUBMITTED BY: REVIEWED BY: APPROVED Harold E. Huber, Project Manager III Public Works Engineering Department Bibby, P.E., Director' Public Works Engineering Department Date: (:}'gq .9? Date: B~ Date: Ed llschncr, Director Public Works Administration Attachment CC: Coastal Engineering 1999 AMENDMENT NO. 5 MARCO ISLAND BEACll RENOURISllMENT PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this __ day of , 1099, by and between tile Board of Counly Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "OWNER") and Coastal Engineering Consultants, Inc., a Florida corporation, authorized to do business in the State of Florida, whose business is located at 3106 South Horseshoe Drive, Naples, Florida 34104 (hereinafter referred to as thc "CONSULTANT"). WITNESSETII: WHEREAS, the OWNER desires to obtain the professional engineering and sun, eying services of the CONSULTANT concerning certain monitoring services for the Marco Island Beach Renourishment Projcct (hereinafter referred to as the "Project"), said scrviccs being more fidly described in Schedule A of thc original Professional Services Agrccmcnt; and WHEREAS, On September 6, 1994, the Board of County Commissioners approved a Professional Services Agreement with the CONSULTANT to perform annual monitoring services for the Project; and WHEREAS, the CONSULTANT has st,bmitted a proposal for provision of those scrvices during tile 1999 monitoring period; and WHEREAS, 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 convenants contained herein and other good and valuable consideration, the Marco Island Beach Renourishment Professional Services Agrcement entered inlo on September 6, 1904 (hereinafter also referred to as the "Agreement") is hereby amended as follows: -1- PG. 1. Schedule B, Attachments B and C, is hereby amended and revised as set forth iu Exhibil "A" attached herelo. Said Exhibit "A" is the June 1, 1999, letter from Coastal Engineering Consultants, Inc. to Project Manager Harry Huber re: "Proposal for Professional Services, 1999 Marco Island Monitoring". 2. Article Five of the Agreement is hereby amended as follows: Compensation by the OWNER for services rendered hereunder by CONSULTANT shall not exceed an aggregate amount of $100,850.00 as provided in Exhibit "A" attached hereto without an appropriate change order or amendment to this Agreement. 3. Other than lhe changes/additions indicated itl this Amendment, all provisions of the original contract are itl fi, ll force and effect. IN WITNESS WHEREOF, the parties hereto have executed this amendment to the Agrecmcnt the day and year first written above. ATTEST BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL By SUBDIVISION OF THE STATE OF FLORIDA Clcrk Approved as to form and legal suffic~ A~ssistant q~ount A~ey IIl!ll'~c,amcmlmcnt Na 5 By: Pamela S. Mac'Kie, Chairwoman Mich:ml F. Stephen, Ph.D., PG President (CORPORATE SEAL) -2- .o. Id, OCT 1 2 lBgB COASTAL ENGINEERING CONSULTANTS INC A CECI GROUP COMPANY June 1. 1999 '99 ........ EXHIBIT "A" CECI Group Se[vices Civil Engineering Survey & Mapping Coastal Engineering Real Estate Appraisal Mortgage Broke~ Services Environmental Assessment Mr. Harry Huber, Project Manager III Public Works Engineering Department Collier County Government Center 3301 Tamiami Trail East, Bldg. D Naples, FL 34112 Re: PROPOSAL FOR PROFESSIONAL SERVICES 1999 MARCO ISLAND MONITORING CEC File No. 99.262 Dear Harry: Pursuant to our Professional Services Agreement to provide annual monitoring services for the Marco Island Beach Renourishment Project, CEC is pleased to present this revised Schedule B, Attachment C for the 1999 Monitoring Report. Please note this proposal includes monitoring eighty-nine (89) beach and offshore profile lines. The extent of the monitoring includes the 1990-1991 Beach Fill Restoration Areas, 1990- 1991 Borrow Areas, Breakwaters, Emergent Shoals in Big Marco, Capri, and Caxambas Pass. Sand Dollar Island, Kice Island, and the 1997 Caxambas Pass Dredge Cut/Borrow Area. Also note this proposal does not include Hideaway Beach monitoring. Schedule B - Attachment C Consultant's Estimate of Additional Services A.8 Post Construction Services A.8. [ A.s,sist Owner Relative to Agency Required Permit Stipulations A.8. I. 1 Aerial Photographs $10,200.00 A.8.1.2 Beach and Offshore Profiles $48,950.00 A.8.1.3 Shoal Maps $ 3,000.00 A. 8.1.4 Monitoring Assessment $16,300.00 A.8.1.5 Report Preparation, Compilation and Printing $ 1,500.00 A.8.1.6 Administration $ 1,700.00 A.8.2 Provide Owner Authorized Additional Services A.8.2.1 Design and Coordination of Maintenance Activities $19.?nn nn ,, I OCl 1 2 3106 S, Horseshoe Drive, Naples, Florida 34104 * Phone (941) 643-2324 Fax (941) 643-1143 * NAP~.ES FORT MYERS SARA$OIA LAKELAND Mr. Harry Huber June I, 1999 Page 2 COASTAL ENGINEERING CONSULTANTS, INC. EXHIBIT "A" Our estimated annual cost for providing these services will be $100,850.00. Charges for these services will be billed on a time and reimbursable cost basis, based on the approved Schedule B - Attachment B, attached hereto, which is made a part of this agreement as if fully contained herein. Services beyond the scope presented herein can be provided as Additional Services and shall be authorized in writing by' you. We trust this proposal is responsive to your needs. If you have any questions, please contact our office. Smcerel3, COASTAL ENGINEERING CONSULTANTS, INC. Michae~ T. Poll. P.E. Coastal Division Manager Cc: Frank Blanchard Attachment: Fee Schedule &iDA TA 199262iproposal. doc 0CT I 2 1999 PC, ..... .~ ,, EXHIBIT "A" Principal Associate Project Staff Designer Technician SCHEDULE B - ATTACHMENT B CONSULTANTS EMPLOYEE HOURLY RATE SCHEDULE Effective January 1, 1999 POSITION / TITLE Appraiser, Engineer, Environmental Specialist, Scientist, Surveyor & Mapper Appraiser, Engineer, Environmental Specialist, Scientist, Surveyor & Mapper Appraiser, Engineer, Environmental Specialist,,Scientist, Surveyor & Mapper Appraiser, Engineer, Environmental Specialist, Scientist, Surveyor & Mapper Civil Engineering, Coastal Engineering Appraisal, Engineering, Environmental, Scientific, Survey & Mapping Construction Observer Adn-finistrative Assistant Appraisal Researcher Draftsman Research Assistant Secretary Labor Three Man Survey & Mapping Crew Two Man Survey & Mapping Crew Hourly Fees $ 120.00 $ 100.00 $ 80.00 $ 70.00 $ 60.00 $ 55.00 $ 45.00 $ 40.00 $ 40.00 $ 40.00 $ 40.00 $ 25.00 $ 25.00 $ 100.00 $ 90.00 REIMBURSABLE EXPENSES & EQUIPMENT RENTAL EXPENSE & EQUIPMENT DESCR~TION !tydrc, graphic DGPS Survey Svste:n ! Week Minimum Lease $ 2,300 /week Single Frequency Depth Sounder $ 150 ,"da5' Real Time GPS Survey System (RTK) $ 250 /day Tide Recorder (I Month Minimum) Current Meter (1 Week Minimum) $ 1,000 /week Survey Boat Off-Road Vehicle (ATV) $ 50 /half day Photocopies Blueprints Mylar Mileage Rate/Fee $7,500/month $ 3,000/rnonLh $1,000/week $ 500 /month $3,000/month $ 275/day $ 120/day $ 0.10/sheet $ 1.50/sheet $ 8.00/sheet $ 0.29/mile Invoicing will be provided on a monthly basis. Payments are due upon receipt of invoices. If written notice of a question is not received within thirty (30) days of invoice, such action will be construed as acceptance of charges and service as accurate and acceptable. Reimbursable Expenses will be billed at cost. Typical out of pocket expenses include: out-of-town travel made on behalf of the client relating to permitting, aerial reconnaissance and photographic expenses, and prints. Subcontracts or Subconsultants will be administered at cost plusl0%. ** Rates on this schedule are guaranteed for one year from the date shown above. ** Expert Witness fees will be negotiated on a case by case basis separately. EXECUTIVE SUMMARY APPROVE A WORK oRDER #TS-WM-0001 FOR WILSON MILLER INC. FOR THE RADIO ROAD MSTU LANDSCAPING OBJECTIVE: To obtain authorization to assign Work Order #TS-WM-0001 to Wilson Miller, Inc., in the amount of $71,150.00 for preparation of the construction documents and services during construction phase of the project. CONSIDERATIONS: On July 28, 1998, the Board of County Commissioners awarded RFP 98- 2777 (Item 16(B)6) to four firms for fixed-term professional landscape architectural services. In September 1998, the Radio Road Beautification Advisory Committee selected one of those firms, Wilson Miller, to design landscape improvements on Radio Road between Airport-Pulling Road and Santa Barbara Boulevard. Wilson Miller began preliminary design of this project in December 1998 and completed a Master Plan in April and Design Development in September of 1999. Wilson Miller is now ready to begin the construction documents and services during construction phase of this project, which are expected to be completed by January 2000. Total fees for this Work Order are $71,150.00 (Attachment #1). In accordance with Collier County Purchasing Policy, authorization to open any work order exceeding $25,000 must be given by the Board of County Commissioners. FISCAL IMPACT: All tasks included in Work Order #TS-WM-0001 will be funded by the Radio Road Beautification MSTU. As outlined in the attached proposal provided by Wilson Miller, Inc., total fees for this work are $71,150.00. There is a balance of $26,000 in the Engineering Fee budget, and the remaining $45,150 needed to fund this service is available in Other Contractual Services of this fund. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board authorize the Transportation Services Director to execute Work .Order #TS-WM-0001. Daniel A. De~'~es~r~, Engineer II REVIEWED BY: a~~la 0~' '. G,~)/Pfi/ j Ste~ph~h~r/C-- }~me~,~rchas~g~~ ~3~52ti on Se ~ices Dkector ~VIEWED BY' ~ ~ Ed Ilsc~er,~orks Adminis~ator OXWE:q/Z DATE: z~. ~i' 7 5 DATE:~~ ,~qq WORK ORDER # TS-WM-0001 IATTACHUENT NO .... PAGE, / OF,.., Agreement for Fixed-Term Professional Landscape Architectural Services Dated July 28, 1998 (Contract #98-2777) This Work Order is for professional engineering services for work known as Pr0f¢$$ional Larld$cape Architectural Services for the Construction Document and service~ during Construction Phase of the R~dio Ro~d median beautification (Radio Road MSTU). The work is specified in the proposal dated September 21. 1999, which is attached hereto and made a part of this Work Order. In accordance with the Terms and Conditions of the Agreement referenced above, Work Order #TS-WM-0001 is assigned to Wilson Miller, Inc. Scope of Work; As detailed in the attached proposal dated September 21, 1999. Schedule of Work: Complete work within 90 Days from receipt of the Notice to Proceed authorizing start of work. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum or time and material amount provided in the schedule below (if a task is time and material, so indicate and use the established hourly rate(s) as enumerated in Schedule "A" of the Agreement). Task Master Plan Booklets Construction Documents Design Review Bidding Assistance Services During Construction Reimbursable Expenses Total this Work Order Amount $810.00 $25,660.00 $5,340.00 $4,080.00 $33,820.00 $1,440.00 $71,150.00 Fixed Lump Sum Fixed Lump Sum Fixed Lump Sum Fixed Lump Sum Fixed Lump Sum Time & Materials --Not to exceed without written attthorization Any change within monetary authority of this Work Order made subsequent to final department approval will be considered an additional service and charged according to Schedule "A" of the Agreement. PREPARED BY: ~_~ ~j~ ~ D'~niel A--~eCc-sarc Engineer 11 Date AUTHORIZED BY: Approved as to Form and Legal Sufficiency: ACCEPTED BY: Edward J. Kant, P.E. Date Transportation Services Director Assistant C o/~nty/~orn ey .~ W i!s~n~vJJI I e r//I ~ ~u~e A~an~in~ rla Date Type or Print Name and Title AGENDA OCT I 2 1999 WilsdnMiller New OireC~Ons In Planning, Design & Engineering September 21, 1999 ITTAP.,HlglENT NO. _ / AGE 7_.~. OF_/~ Mr. Dan DeCesare Collier County Transportation Department Collier County Government Center 3301 Tamiami Trail East Naples, FL 34112 Re: Radio Road Beautification Proposal for Landscape Architecture Services Dear Dan: Enclosed for your review is the revised proposal for Landscape Architecture and incidental Engineering services for Construction Document preparation through the Services during Construction phase of the project. This revised proposal reflects the following changes that you requested: The sleeving will be directional bore method, and will be administered under an existing annual contract. We will not evaluate alternative methods, and the sleeving bid will not require a formal bid package to be prepared. 2. We will provide irrigation well and pump design. 3. We will prepare a consumptive use permit application. 4. The maintenance of traffic plan will simply be the FDOT Standard Index copied on the plans, and referenced for the contractor to follow. 5. We will provide annual maintenance costs along with the final Opinion of Probable Construction Cost. ' 6. The drainage and grading work will be included in the landscape and irrigation bid package. Also attached for your review are the Man-hour Calculation Table, and Preliminary Project Schedule, which have been revised accordingly. Please review and call me if you have any comments or questions. Sincerely, , AICP Enclosures Naples Fort Myers Sarasota Bradenton Tampa 3200 Ea/ley Lane, Suite 200 Naples, Rorida 34105-8507 941-649-4040 ~ 941-643-5716 www. wll$onrniller, corn WilsonM/ller. lnc -- FI Lic.~ LC-CO00170 AGENDA Z[E ill .o. /4, 0CT 1 2 1999 PG. ,,~ WilsPnMiiler TTACHMENT NO. AGE ~ ,OF /O TO: FROM: DATE: SUBJECT: RADIO ROAD WORK AUTHORIZATION NO #3 CONTRACT #98-.2777 Mr. Dan DeCesare CLIENT COPY 3C:~ 101 ile rE?~: nmt ~a Tr n~.a~rSaPi i°rtati°n Department //~ /1// Seni r~ssociate Vice President September 13, 1999 Professional Services Work Authorization for Landscape Architecture and Engineering Services for Radio Road 1. OVERVIEW 1.1 1.2 1.3 WilsonMiller, Inc. (WilsonMiller) has been selected to submit a proposal to render Landscape Architectural services to Collier County Transportation Department (Client) for the Radio Road Beautification (Project). In conjunction with those services, the Client has asked WilsonMiller to provide Engineering services for related incidental site civil construction. The Project includes approximately three miles of roadway, fr°~ Airport Road to Santa Barbara Boulevard. The project consists of median landscape and irrigation only, excluding the sides of the right-of-ways. The Project will be funded primarily through the Radio Road Beautification MSTU, and will be subject to review and approval by the Radio Road Beautification Committee (Committee). 1.4 This Work Authorization will be administered under the current Agreement for Professional Landscape Architectural Services. This Work Authorization covers the Final Contract Documents, Bidding and Services During Construction phase of the project and will be based on the Design Development documents developed under Work Authorization #2. SCOPE OF SERVICES Wils nMiller ITTACHMEN'I' NO. / I AGE ~ . OF / ~-~ I 2.1 Additional Master Plan Booklets 2.2 Prepare fifteen (15) additional Master Plan booklets. Construction Documents Based on the Committee's and the Client's review and approval of Design Development plans and Opinion of Cost, prepare final design and construction documents, which will include the following. 2.2.1 Show sleeving sizes and locations on irrigation plans and reference County's current contract for directional bore. 2.2.2 Evaluate impact to existing curb inlets as a result of crowning the medians, and alternative construction methods for adapting existing drainage structures. Prepare typical grading cross section and typical detail for drainage structure modifications. 2.2.3 Planting plans, which indicate location, size and species of trees, palms, shrubs and ground covers. Plans will include median grading details, planting details and technical specifications. 2.2.4 Irrigation plans, which will begin at a point of supply established in the Design Development phase, and will include sprinkler head locations, interconnect piping, valves, controllers, and well and pump assembly. Plans will include irrigation details and technical specifications. 2.2.5 Prepare a consumptive use permit application and submit to SFWMD. Any additional work, including responding to SFWMD requests for additional information, will be billed on a time and materials basis. 2.2.6 Provide typical detail from the FDOT Standard Index f°r~aintenance of traffic. 2.2.7 2.2.8 Provide Opinion of Probable Construction Cost, and annual maintenance costs based on final plans. " Provide quantities for typical County Maintenance Manual. 2.3 2.4 Design Review 2.3.1 Meet with County Transportation staff one time to review site civil elements such as sleeving and drainage structures. 2.3.2 Meet with the Client three (3) times to review landscape and irrigation progress plans. 2.3.3 Attend three (3) monthly Committee meetings. Bidding Assistance OCT 1 2 1999 WilspnMiller IATTACHMENT NO. / PAGE ~ OF /Z> 2,5 2.4.1 2.4.2 Provide bidding assistance, including preparing construction drawings and technical specifications for one bid package, attending a pre-bid conference, reviewing qualifications of bidders and reviewing bids received. Client will be responsible for assembling and issuing bid documents and for final selection of contractors. One bid package will be prepared for landscape, irrigation, and drainage structures. Prepare a summary of quantities table to be distributed to the contractors under the annual directional bore contract. Services Durinq Construction 2.5.1 Perform Site Observation Administration, including attending one pre- construction meeting, and progress meetings. Provide design clarification, and field progress reports. Perform one preliminary and one final walk-through with punch lists. Review pay requests, completed quantities and change orders. Process final acceptance and project close-out Site Observation Administration will be performed for: 2.5.1.1 Sleeving 2.5.2 2.5.1.2 Landscape, irrigation and drainage structures. Perform periodic site visits to observe the Contractor's progress and general compliance with the plans and specifications The fee reflects an anticipated construction time frame of (120) days for landscape, irrigation and drainage, and forty-five (45) days for sleeving. Any site visits beyond this schedule that are deemed necessary by the Client will be performed as Additional Services. 2.6 2.5.2.1 Sleeving site observation (2 hrs / crossing x 24 crossings) ~, 2.5.2.2 Tree tagging @ nurseries 2.5.2.3 Landscape, irrigation and drainage structures site observation (11.5 hrs/week x 16 weeks) Reimbursable Expenses Expenses for blueprints, reproduction services, database searches, color graphics, overnight express delivery service and long distance telephone calls will be reimbursable to WilsonMiller. Included are one (1) set of final mylars and final plans in AutoCAD disk format. OCT 1 2 1999 PGo WilsdnMiller IATTACHMENT NO. / PAGE_ /'p OF_ /~ GENERAL CONDITIONS AND UNDERSTANDINGS 3.1 The base information was compiled from Engineering plans in AutoCAD format prepared by Agnoli, Barber, Brundage dated 4-16-91, Revised plans by ABB dated 2-10-94, Livingston Road Engineering plans dated 1-30-98 and visual field verification. 3.2 As-builts of the current condition of Radio Road will be provided by the Client, if available. 3.3 The future six-laning of Radio Road has not been designed, and a typical cross- section is not available for reference. Placement of landscape material as shown on the approved Master Plan is intended to accommodate anticipated future conditions. 3.4 Since survey data on existing utilities is not complete, sleeving design will be generic in nature, not location specific. 3.5 Client will act as the pdmary project coordinator and manager. Client will assemble the "front end" of the contract documents, as well as the specification manual, with various technical specification sections provided by WilsonMiller. 3.6 It has been determined that the sleeving will be installed with the directional bore method, and no alternative methods will be researched. The sleeving construction contract will be administered through an existing annual contract in place with the County, thus will not require the preparation of full bid documents. 3.7 3.8 3.9 3.10 The fee schedule is based on the assumption that the construction documents design process will be completed within two months. If the process extends beyond the proposed schedule through no fault of WilsonMiller, WilsonMiller may be entitled to additional compensation to be identified at such time as the schedule is adjusted. The permit fee for the consumptive use permit application will be the responsibility of the Client. Client will provide on-site inspection, in addition to the pedodic site observation performed by WilsonMiller. A separate Right-of-Way permit application will not be required; plans will be reviewed and approved by Collier County Transportation Department. EXCLUDED SERVICES The professional services that WilsonMiller will provide under this Work Authorization included, and are limited to, those described in Section 2, SCOPE OF SERVICES. All other services are specifically excluded. 1 --j 0CT 12 1999 WilsdnMiller IATTACHMEN'I' NO, / PAGE "~ OF /~ 5. FEES The fees for SCOPE OF SERVICES shall be as follows: PGPH SERVICE FEE TYPE FEE AMOUNT PIN* 2.1. Master Plan booklets Fixed $ 810.00 2.2 Construction Documents Fixed $ 25,660.00 2.3 Design Review Fixed $ 5,340.00 2.4 Bidding Assistance Fixed $ 4,080.00 2.5 Services During Construction Fixed $ 33,820.00 2.6 Reimbursables Fixed $ 1,440.00 Total $ 71,150.00 AGENO~, "I"[ ;-id. OCT 1 2 1S99 PG,L / 19§9 EXECUTIVE SUMMARY APPROVE THE SOLE SOURCE PURCHASE OF COMPUTER SOFTWARE FOR THE NORTH COUNTY WATER RECLAMATION FACILITY COMPUTER CONTROL SYSTEM. OBJECTIVE: That the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water Sewer District, authorized a purchase order for the sole source purchase of Intellutions computer software for the North County Water Reclamation Facility's computer control system. CONSIDERATION: 1. The original Intellutions computer sofb0vare was purchased when the 1993 8.5 MGD North County Water Reclamation Facility expansion began. 2. The current Intellutions computer software is not Y2K compliant and needs to be upgraded. 3. Computer Assisted Technologies, Inc. is the sole source supplier of the Intellutions soft-ware for the State of Florida. FISCAL IMPACT: In Fiscal Year 00 a budget amendment is required to reduce Reserves by $ 36,000 and to increase the following Operating budget: Fund 408 Collier County Water/Sewer Operation Cost Center 233312 North County Water Reclamation Facility Object Code 764950 Software - General GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water Sewer District waive the formal competative bid process and authorize a purchase order for the Intellutions computer software upgrade for the North County Water Reclamation Facility to Computer Assisted Technologies in the amount of $36,000 and approve the associated budget ammendment. SUBMITTED BY: Dennis Bamard, Chief Operator REVIEWED BY: ~ ~ Date: ?/~/ff~ Jos~h Cheatham, Wastewater Director REVIEWED BY: ~'t '{r~-, ~----~':.~'/-;' Date: S eph6n Camell, PurChasing Director APPROVED BY ~~~~~~~ . Date:~ ' Ed Ilscl~i~, Publi~ Works Administrator OCT i 2 lB99 PG. mmmm 5ep-O~-99 Ug:O6A C.A.T. iNC. ~u/-I~-1/1~ ..... H.u~ -~ COMPUTER ASS1STED TECHNOLOGIES, INC. TEL. (407) 733-1717 FAX (407) 733-1718 P.O. BOX 60278 PALM BAY, FL 32906-0278 Wednesday, September 08, 1999 Joyce Staiger Collier County Government 10500 Goodlette Road Naples, FL 33963 Subject: Intellution Sole Source Dear Joyce: Computer Assisted Technologies, Inc. (CAT, Inc.) of Palm Bay, FL is the Authorized lntellution Representative for the entire State of Florida excluding the panhandle. Our responsibility is to provide and support all Intetlution Customers in the State. CAT, Inc. is the only Authorized Sales Representative for Intellution products located in the territorY mentioned above. All purchase orders for Intellution Software should be made out to Intellution % Computer Assisted Technologies, Inc. Please fax to (407)733-1718 and mail to PO Box 60278, Palm Bay, FL 32906. If you have any questions or if I can be of any assistance, please call us. Thank you. Sincerely, Christine Biggs VP, Sales & Marketing catusa.com ' AG£Nb~ I OCT 1 2 1S 9 I COMPUTER ASSISTED TECHNOLOGIES, INC. TEL. (407) 733-1717 FAX (407) 733-1718 P.O. BOX 6' PALM BAY, FL 32906-, Wednesday, September 08, 1999 Joyce Staiger Collier County Government 10500 Goodlette Road Naples, FL 33963 Dear Joyce: Pursuant to our conversation, the following is per your request. The following quote for Collier County includes the upgrade to version 5.65, which is Y2K compliant, and the iGlobalCare cost. The iGIobalCare cost is an annual fee. By purchasing the attached quote, and the iGlobalCare, you will receive the upgrade to iFIX (FIX Dynamics) at no charge, this is a savings of over $25,000.00. We wilt be happy to send you a quote for next years iGIobalCare cost after the key inventory is completed this Friday. This agreement only includes the seven (7) keys listed on the quote. I have also attached the Sole Source letter. Please make the PO to Intellution % Computer Assisted Technologies, Inc. (CAT, Inc.), PO Box 60278, Palm Bay, FL 32906-0278 and fax to (407)733-1718, please mail a hard copy. If you have any questions or if we can be of any assistance, please call us. I look forward to speaking with you soon. Thank you. Sincerely, Christine Biggs VP, Sales & Marketing catusa.com EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT TO PROVIDE FOR MANDATORY COLLECTION SERVICE PAYMENTS FOR SERVICE AREA ONE OBJECTIVE: To gain Board of County Commissioners approval of a budget amendment for the final Solid Waste FY99 Franchisee residential collection service payment for Service Area One. CONSIDERATION: FY 1999 residential growth in Service Area One, which encompasses all of populated unincorporated Collier County except for the community of Immokalee and its surrounding area, has exceeded projections. When budgeting for FY 1999, the Revenue Services Department projected an increase of 4.4% in residential customers. The actual increase in FY 1999 was 9.9%. The Mandatory Collection budget must be increased by $327,303 in order to provide the last monthly payment for contracted residential collection services provided by Waste Management, Inc. This budget amendment will make that adjustment by utilizing Mandatory Collection reserves. The additional expense is offset by additional revenue which will be recognized in FY 2000 as additional carryforward. FISCAL IMPACT: Increase FY 99 expenditures by $327,303 and decrease reserves by the same amount in the Mandatory Collection Fund (473). The additional revenue to offset these expenditures will be recognized in FY 2000 as additional carryforward. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve this Budget Amendment as stated above. SUBMITTED BY: REVIEW'ED BY: APPROVED ~ Ed Ilschner, l~ublic Works Administrator Jo~S~ l~ie3~h~harn, Solid Waste Coordinator David W. Russell, Director, Solid Waste Department AGENO~ ITEM~. _ .o O Ci' 18 ts99 PG. EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE PAYMENT TO SOUTHERN WASTE SERVICES OBJECTIVE: To approve the payment of $32,555.49 to Southern Waste Services for services provided from August 18, 1999 through August 27, 1999 CONSIDERATION: On August 18, 1999, a sodium hydroxide leak was discovered at the NCCRWTP. The leak was occurring into a water vault and pipe trench that contained rainwater. Pursuant to testing by plant personnel, the pH level indicated that the water was to be considered hazardous material. Southern Waste Services is a DEP approved company with emergency service capabilities in hazardous materials. Plant personnel called Southern Waste Services approximately one (1) hour after the leak was discovered and Southern Waste Services personnel were en route to NCCRWTP in less than another hour. Emergency purchase order Z99-013 was prepared to secure the services of Southern Waste Services and was authorized by the Purchasing Director on August 27, 1999 and by the County Administrator. Southern Waste Services pumped water out of the vault and pipe trench, neutralized the high pH content and disposed of the decontaminated water over the period August 18, 1999 through August 27, 1999. Because the invoiced amount for services is in excess of $25,000.00, the Board is required to authorize payment of $32,555.49 to Southern Waste Services. FISCAL IMPACT: Funds are available within the North Regional Water Treatment Plant operating budget. GROWTH MANAGEMENT IMPACT: None. ] 0el 1 21 99 ~ PG. I _ RECOMMENDATION: That the Board approve the payment of $32,555.49 to Southern Waste Services. SUBMITTED B~".~~,/~ Date: k_.-Ra~y ~'aray, Superi~ndent REVIEWED BY: ~~/',g-r~ Date: Paul Mattausch, Water Director REVIEWED BY: _~~ 'v/ ~. ~-/'/~Date: ~ [~rO/c~ C:~ Stephen Y. Carnell, Purchasing/GS Director APPROVED BY~ Date: ~/~o//~' Ed Ilschne~r, Public Works Administrator ' EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT TO PURCHASE AN ODOR CONTROL FAN SYSTEM FOR NAPLES LANDFILL. OBJECTIVE: To gain Board of County Commissioners approval of a budget amendment to purchase the Naples Landfill odor control fan system previously approved for FY99. CONSIDERATION: An odor control fan system is one of several landfill improvements approved by the Board of County Commissioners on 5/25/99 (Item # 8B.3). A budget amendment is necessary to move funds from Solid Waste reserves. FISCAL IMPACT: $250,000 will be transferred from Solid Waste Reserves for Capital Outlay. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve this Budget Amendment as stated above. SUBMITTED BY: REV1EWED BY: APPROVED Jol~'B~e~enham, Solid Waste Coordinator Da~id'W. Russell, Director, Solid Waste Department B~ Date~/O Ed Ilsc~er, Public Works Ad~strator 0Cl 2' 19 9 EXECUTIVE SUMMARY RECOMMENDATION TO AWARD ANNUAL BID #99-2989, BAGGED ICE FOR FISCAL YEAR 1999-2000. OBJECTIVE: To award Annual Bid #99-2989 for Bagged Ice Service that will be utilized by various County departments in Fiscal Year 1999-2000. CONSIDERATION: Invitations were sent out on May 21, 1999 for Bid No. 99-2939, Bagged Ice. July 1, 1999 was the due date, but no bids were received. Purchasing re-bid Bagged Ice on August 23, 1999, and bids were opened by the Purchasing Department on September 8, 1999. The bid tabulation sheet is attached to this summary. The bid is for term agreement for services and will be purchased on an as-needed basis only. The amount shown is not intended to be a fixed amount since the type of necessity or emergency to arise will affect the ordering of the services. One bid was received for bagged ice service under Bid #99-2989. Reddy Ice Corp. was the sole vendor. FISCAL IMPACT: Total estimated cost for the serviced to be provided is $59,193.00. Monies are budgeted in the department's respective budgets. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners award Annual Bid 99-2989 for Bagged Ice to Reddy Ice Corp. SUB MITTED B Y:' '.'~ -"~75'~' 'C\O-'.~ Y.~ ~,2~.~3 4L~.~' Rhonda L. Snell, Purchasing Agent I Date: C~ S~eph~'fi ~'. ~ar~ll, Direc'~or 't Purchasing/Gen~eral Services APPROVED BY: Leo' E. Ochs, Admin~i:a-i-0-oor-- Support Servicesyision Date: No. 0 C 1 EXECUTIVE SUMMARY APPROVAL OF A BUDGET AMENDMENT TO SUB-METER THE CHILLED PLANT AND IRRIGATION SYSTEM AT THE MAIN GOVERNMENT COMPLEX. WATER OBJECTIVE: To have the Board approve a budget amendment to sub-meter the Chilled Water plant and the irrigation system at the Main Government Complex water system. CONSIDERATIONS: In May, the County increased the water service at the Main Government Complex by changing from a 4" main to an 8" main. This increased the volume of water to match the current demand. As part of this process, City of Naples staff (the City is the Complex's water supplier.) and County staff have negotiated a payment plan for the associated impact fees. As part of the agreement, the County will sub-meter the Chiller Plant and the irrigation system. Water that services these two systems, does not go into or impact the sewer system. Because of that, every six months the City will read these meters and credit the Complex's water account until the impact fees have been satisfied. It is estimated that the cost of the impact fees ($305,034) should be credited and the liability satisfied within twenty-four months. After two years, any residuals will be paid to the City in a lump sum. As part of the negotiations, the City will not charge any interest during this period. The County is required to install 9 sub-meters along with backflow preventors at specifically designated locations. Staff recommends contracting with an on call plumbing contractor for this work. (Pricing formulas are included in their contract). FISCAL IMPACT: The cost to sub-meter the Complex as outlined above is as follows: Parts 8 2" Assemblies (including backflow preventors and slabs) $31,280 Labor 8 2" Assemblies (including backflow preventors and slabs $12,544 Parts 1 3" Assembly (including backflow preventors and slab) $ 4,922 Labor 1 3" Assembly (including backflow preventors and slab) $ 2,140 Meter fee to City of Naples $ 4,860 Total $55,746 Funds are available and would be transferred from the FY 1999-00 Facilities Management account to General Complex Improvements. contingency GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board approve a budget amendment as described within this summary for sub-metering the Chiller Plant and irrigation system on the Main Government Complex. Reviewed By: Sip Camp, CFM, Director The Department of Facilities Management Date: Approved By: L;;-E. ~Dchs, Jr.,"~Ad~nCator Date: Support Services Di'~isi, ~..~'n .~OE NOA ITE~ ,,o. 0 CT 1 2 1999 EXECUTIVE SUMMARY APPROVE A DECLARATION OF EASEMENT ON COUNTY RAILWAY TERMINAL PROPERTY. OBJECTIVE: To provide the Board of County Commissioners with information relating to the County's existing railway terminal property, and recommend that the Board approve a Declaration of Easement thereon. CONSIDERATION: The subject property is a strip of land 70 feet wide and 310 feet long which was deeded to Collier County in 1980. It is located in the northwest quadrant of the intersection of Railhead Boulevard (f/k/a Pagels Road) and the former Atlantic Coast Line Railroad right-of-way. The deed contained a reverter clause which stated that at such time as the land shall no longer be used for railroad terminal purposes, the land would revert to the grantors, their heirs and/or assigns. In 1987, the County approved the construction of a building on the land immediately to the west of the subject (hereinafter referred to as the "Westcoast Roofing property"). The only physical access for Westcoast Roofing's loading docks and rear parking lot is across the County's railroad terminal property, which is paved and may have appeared to be a County road right-of-way. Over the years, Collier County's Road and Bridge (Transportation Department) clean-up crews made it a frequent stop as trash and debris routinely accumulated along the railroad siding. In 1995, Collier County's Transportation Department issued a right-of-way permit to Seminole Gulf Railway which gave them the right to fence the terminal property, to post and maintain regular hours of operation, and to control access by installing a locking gate across the Railhead Boulevard entrance. In March 1999, a contract for the sale and purchase of the Westcoast Roofing property was entered into. Because of the reveter clause and the Seminole Gulf Railway permit, however, the title insurance agent is concemed over the continued viability of the access to the rear of the property across the County's railway terminal property. The attorneys for both the buyer and seller have requested that the County grant an easement across the subject property in favor of the Westcoast Roofing property. Staff has suggested that a broader declaration of easement in favor of the general public, rather than to a specific entity, might be more appropriate, and yet still accomplish the desired objective. With either of these options, it must be made clear that no use of the subject property may be made which would interfere with the use of the property as a railroad terminal, and the permit issued to Seminole Gulf Railway must be amended (or terminated and re-issued) to acknowledge the public's right of ingress and egress. In August 1999, Seminole Gulf Railway was asked for their suggestions as to how cooperation among the interested parties might be maintained. To date, the railway company has not responded. AGENDA ITEM No. ~t~ ~ ~, OCT 1 2 1999 pg. I FISCAL IMPACT: None. Any and all costs of recording the Declaration of Easement will be borne by the buyer and seller of the Westcoast Roofing property. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida: 1. Approve the adoption of a resolution creating a perpetual, non-exclusive ingress and egress easement (Declaration of Easement) in favor of the general public across the subject property, with the stipulation that use of said easement shall not interfere with railway terminal usage of the subject property: and 2. Authorize its Chairwoman to execute said resolution and Declaration of Easement on behalf, of the Board once it has been approved by the Office of the County Attorney; and 3. Authorize staff to record the Declaration of Easement in the Official Records of Collier County, Florida; and 4. Authorize staff to modify the conditions of Permit No. 1350 D (Permit to Perform Work and / or Maintenance in Public Right-of-Way), issued to Seminole Gulf Railway on December 15, 1995, expanding the hours and days of operation, and elevating Collier County's approval authority over that of Seminole Gulf'Railway with respect to access approvals required. PREPARED BY· ,~ ~ DATE: ~Kevir~b-~ricks, Righ~ Design and Valuation Coordinator REVIEWED BY: ,.3~ sarldra Taylor, Real Property ~gement Director DATE: ~.~'>~. ~'\ AO E"N DA_[TEI~' No. [t',~ t.~ ~ OCT I 2 1999 John P. White, P.A. Admitted Florida & Georgm Richard D. Lyons. J.D., M.B.A. Admitted F~onda Law Offices WHITE & ASSOCIATES P.~K NORTH 5121 C~tetlo Drive. Suite 2 Naple~. Florida 34103 Office 941 649-7777 Fax 941 434-0050 September 22, 1999 Ms. Heidi Ashtcn Assistant County Attorney Collier County Attorney's Office 3301 Tamiami Trail East Naples, FL 34112 Mr. Kevin Hendricks Real Property Department Collier County Government 3301 Tamiami Trail East Naples, FL 34112 Re: Public Petition Agenda Item for 9-28-99 Commission Meeung West Coast Roofing, Inc.,/Nicholas Land Parcel Dear Heidi and Kevin' Per your suggestion we are scheduled to appear before the Commission at the September 28, 1999 meeting to request a nonexdusive easement from the County to hopefully resolve the easement and access issues for Bruce Nicholas's property on Railhead Blvd. Enclosed is the document package delivered for distribution to each commissioner. Included is my letter to Mr. Fernandez dated September 3, 1999 and a graphic rendering of the Nicholas parcel and proposed easement location. Our presentation will also include a request to revise the language in the 1995 Seminole Gulf Railway right of way permit which grants Seminole the right to restrict access to the county owned parcel. Your attendance, participation, and/or positive recommendations regarding our requests would be appreciated. As always, thanks for you assistance. JP Enclosures cc Mr. Jim Vogel (with enclosures) IVlr. Bruce Nicholas ,/~,.-.Ki,nd est Regards, n;P. White u3¢ j OCT IBBB J COLLIER COUNTY ADMINISTRATOR'S OFFI September 13, 1999 3301 E. T,&'v[L-kMI TRAIL NAPLES. FLOR[DA 54112 (941~ 774-8383 FAX: (94I) 774-2.0i0 A C?~-I~iF?, ~Ik'GE '~HIP C~MIMUNIT'¢ Mr. John P. White White & Associates 5 I21 Castello Drive. Suite 2 Naples, Florida 34103 Re: Request for Public Petition - Request for Easement Over Coun¢'-Owned Parcel M,.cbe., B. &. Melinda A. Nicholas. Railhead Subdivision Dear .',,ir. \k.Site: Please be advised that you are scheduled to appear before the Collier County. Board of Commissioners at the meeting of September 28, 1999 regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the Administration Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. Since'rely.--, Robert F. Fernandez~ Counry Administrator RFF/bp cc: County Attorney D~partment Real Property. lr~ John P. White. P.A. Ad~u~ed F~or~da & Geor~a Richard D. Lyons, J.D., M.B.A. Adm~ed F~or~da Law Offices WHITE & ASSOCL TES PAm~ NORTH 5121 Cas~ello Drive, Suite 2 Naples. Fiorida 34103 Office 941 649-7777 Fax 941 434-0050 September 3, 1999 Mr. Robert Fernandez County Administrator Collier County Government 3301 Tamiami Trail East Naples, FL 34112 ACT: F~ L':- Public Petition Request for Easement over County Owned Parcel Mitchell B & Melinda A. Nicholas, Property Owners Railhead Subdivision Dear Mr. Fernandez' In April, 1999 the above owners petitioned the County for a nonexclusive easement over a portion of a county owned real estate parcel located on Pa?ess Road in the Raithead Industrial Park. The county owned parcel is currently used by several parties, including the Nicholas' business, West Coast Roofing, Inc. and the Seminole Gulf Railway. The parcel is improved with a rail way spur line and serves as a staging area to off load rail transported materials and supplies delivered via the spur line. Mr. Nicolas purchased the building as a completed structure in its current site plan configuration several years ago. The loading bays on the east side of the building require use of the county parcel for maneuvering room and ingress access to Pagnes Road. As constructed, the only public road access available to the loading bays is over the county owned parcel. The building was originally permitted and constructed in 1987, with the building loading bay locations and the existing Pagnes Road access configuration being part of the approved and permitted site plan. Mr. & Mrs. Nicolas purchased the property believing the access and use rights to the county owned parcel were in place. The necessity of a recorded easement has only recently surfaced. The Nicolas property is subject to a sales contract dated March 12, 1999 and the contract purchaser has raised the 'easement issue as a title objection. In response to the objection, we submitted our easement request to the Real Property Management department in April, 1999. However, after discussions with Kevin Hendricks and Heidi Ashton our understanding is that the application process has been essentially suspended pending further direction from the commission. As such, we respectfully request an appearance before the commission for the purpose of requesting direction and assistance in obtaining the required easement. In summary, we are simply requesting an easement instrument which essentially confirms the Same access and use rights as were permitted by the County in 1987 as part of the construction approval process. They are also the same access and use rights which ha,-~ ~ppfl OCT 1 99 Mr. Robert Fernandez Page 2 September 3, 1999 used and relied upon by the building owners and tenants s~nce the building's initial occupancy in 1997. A copy of the survey showing the existing building and parking configuration is included for your review. Also enclosed are copies of my correspondence dated April 15, 1999 and May 24, 1999 to Kevin Hendricks and Heidi Ashton which provides additional detail regarding our easement request. Please call if you have any questions. on this matter is appreciated. JP Enclosures cc Mr. Bruce Nicholas Mr. Kevin Henc!" ,..ks Ms. Heidi Ashtcn Mr. Jim Vogel On behalf of the property owners, your assistance ~r~. White ds, 1999 John P. W'hi~e. P.A. .A~rn,~zed Florida & Georco Richard D. Lyons. J.D., M.B.A. ~ed F~o~da Law Offices WHITE & ASSOCIATES P.~ NORTH 5121 Castello Drive, Suite 2 Naples. Florida 34103 May 24, 1999 Office Fax 941 649-7777 941 o~-uu~o bls. Heidi Ashton Assistant County Attorney Collier County Attorney's O~'~e 3301 East Tamiami Trail Naples, FL 34112 Re: Mitchell B. Nicolas and Melinda A. Nicholas Ap~licaticn for Easement cr Use Permit Railhead Subdivision Dear Heidi: Our ~rm represents th(. above land owners with respect to their application: =_, the County for aa easement or use permit over a portion of the County cwned rail way parce! located in the P, aiihead Subdivision. The request is set forth in my letter application dated April 14. 1999. Mr. Mike Dowling called to relate your concern with the reverter provision included in the November 29, 1980 conveyance by which the County acquired title to the parcel. You have requested that we obtain consents from each cf the four (4) original deed grantors authorizing the proposed use or easement grant. I am 'having a difficult time locating the grantors. As noted in the original conveyancing instrument, three (3) of the grantors executed the deed in Ohio and the fourth (4th) grantor reflects a Georgia notary acknowleCgment. None of the grantors are listed in the Naples telephone director~and Mr..Franke, the attcrney who prepared the deed, apparently no longer has an active law practice. AIthough we have been unable to discuss this matter, I would respect-fully request that you reconsider your request for the consents. In support thereof, I would call your attention to Florida Statute Section 689.18 which provides that reverter provisions contained in deeds executed after July 1, 1951 become null, void, and unenforceable after 21 years from the deed date. As the deed was executed on November 29,1980, the reverter provision will become unenforceable after November 29, 2001. Is my understanding that the parcel is subject to a lease or use permit which will satisfy the railroad terminal use requirement through the end of the reverter term. As you are aware, forfeitures or reverters in conveyancing grants are not favored in taw. The Florida courts generally view reverter provisions as limitations to a conveyance which are to be strictly or narrowly construed. The conditions which trigger the reversion cannot be extended beycnd the clear meaning of the language used. The Voss deed reverter provides ..."At such time as the land conveyed herein is no longer used for rail road terminal purposes, the land shall revert to the Grantors, their heirs or assigns." The deed provision does not state that the parcel must be used exclusively for rail road terminal purposes. Imposing or inferring an exclusive use condition extends the limitation beyond the plain language included in the reverter provision. - ~ll~l~-.& ~'TEM- OCT 1 2 199 Ms. Heidi Ashton Page 2 May 24, 1999 Mr. and Mrs. Nicolas purchased the building as a completed structure in ;',s current site plan configuration. The loading bays on the east side of the building require use cf the County parcel for maneuvering room and access to Pagnes Road. In fact, the only public road access available to the loading bays is over the County owned parcel. With the building loading bay locations and the Pagnes Road access configured as part of the approved and permitted site plan, the Nicolas' purchased the property believing the use rights to the County owned parcel were in place. The issues regarding access and.use of,the County owned parcel have only recently surfaced. The Nicolas property is currently subject to a sales contract and the buyer has raised these issues as title objections. As our application for the easement has been pending for some time now, we would appreciate your help in expediting the process. On a side note, last week a representative of the Company ostensibly leasing the rail road spur line demanded that Mr. Nicolas cease using the County parcel. Therea-';er the lock to the access gate was changed to deny access to our client. Mr. Nicholas has bee~ using the County parcel ever since he purchased his property. In fact, the gate was constructed !~st year at Mr. ~,~icolas's sole expense after r~,viewing the-need for 'the 9are and the construction deta;;s with a County representative. Aside from th' Cbvious hardships arisin.~ ,:om the loss cf access and use of the loading bays, the lessee's actions raise a serious concern as to the breacth of their lease. inc!uding the authority to exclude others from a reasonable use of the proper't)'. Again, your expedited and timely assistance in helping us to resolve all cf these issues and cuestions would be greatly appreciated. JP Enclosures cc Mr. Bruce Nicholas Mr. Jim Vogel Mr. Mike Dowling file as: AS~tOn letter 5-23.w~ Kindest Regards, John P. White 0 C T 1 2 1999, John P. ~,k~:e, P.A. FJchard D. Lyons, J.D., H.I3.A. .4drm~ed Flo~d~ Law Offices ~,VHITE & A$5OCL-~TE$ PAr-~ NO~TH 5121 Cascello Drive, Suite 2 Naples, Florida 34103 April 15, 1999 Office 941 649-7777 Fax 941 434---0050 Mr. Kevin Hendricks Collier County Real Frope~y Mar~ac~ement Administration Building 8th Floor 3301 Tamiami Trail East Naples, FL 34112 Re: Railhead SubCivision Easement Request Mitchell B. Nicholas and bio!it',da A. Nicholas Dear Kevin: Confirminc~ cur discussicns, the above owners respectfu!?.,, ~=,,,on'**';'; the Count), fcr a nor,exclusive easement over the County's real estate parcel which is located be~¢,'een their parcel and the existing railroad right-of-way. The County's parcel is currer, t!y used by a number of parties, including the Nicholas' business, West Coast Roofing, Inc.. Apparently, the parcel's primary intended use is to ser'ae as a staging area to off load rail delivered materials and supplies from.the spur line which is located on the County's parco!. Both parcels are locateC on Fagets Road. The Nicolas parcel is improved with an cffice and an attached warehouse build!rig. Access. for the office area' is via direct frontage on Fagels Road. However, access to Fage!s Road f~'r the warehouse building is through the County owned parcel. Additionally,.the warehouse building has a number of loading bays which require use of the County's parcel to provide adequate turning and maneuvering areas. Unfor'lunately, if the use of the County's parcel is terminated, it will be extremely difficult to reconfigure an entry point to Pagels Road for the warehouse use. Also, the minimum required maneuvering areas to service the loading bays would no Ionger be available. The office and warehouse buildings and the parking areas were completed structures · at the time Mr. and Mrs. Nicolas purchased the properl, y. Verification of a dedicated easement over the County's property somehow never became an issue at their time of pu'rchase. With the County's approval and issuance of the warehouse building permits, and the apparent multiparty public use of the County's property for railroad spur line access, the issue of an easement never materialized at their purchase. Our request is for a nonexclusive easement over a defined portion of the existing paved areas to provide or continue the warehouse access to PageIs Road and the use of a reasonable maneuvering area required to service the loading bays. A copy of the_survey , I A~.~I~a,A .IT[M 1 I.o._10 DS. / ! OCT 1 2 1999 Mr. Kevin Hendricks Page 2 April 15, 1999 showing the existing building and parking configuration is included for your review. We are currently preparing a suggested metes and bounds description for the proposed easement area and will forward the description to you upon our receipt. Please call if you have any questions. assistance rendered to date on this ma~er. iP Enclosures cc Mr. Bruce Nicholas Again, thank you for your prompt and he!pful r~dest Recards, P. White John P. White, P.A. Admitted Florida & Georgia Richard D. Lyons, J.D., M.B.A. ~drn~tted Florida Law Offices WHrrE & AS$OCb TES P~ NORT~ 5121 Castello Drive, Suite 2 Naples, Florida 34103 September 3, 1999 Office 941 649-7777 Fax 941 434-0050 Mr. Robert Fernandez County Administrator Collier County Government 3301 Tamiami Trail East Naples, FL 34112 Re: Public Petition Request for Easement over County Owned Parcel Mitchell B & Melinda A. Nicholas, Property Owners Railhead Subdivision r~e.~r Mr. Fernandez: In April, 1999 the above owners petitioned the County for a nonexclusive easement over a portion of a county owned real estate parcel located on Pagness Road in the Railhead Industrial Park. The county owned parcel is currently used by several parties, including Seminole Gulf Railway and the Nicholas' business, West Coast Roofing, Inc. The parcel is improved with a rail way spur line and serves as a staging area to off load rail transported materials and supplies delivered via the spur line. Mr. Nicolas purchased the building as a completed structure in its current site plan configuration several years ago. The loading bays on the east side of the building require use of the county parcel for maneuvering room and ingress access to Pagnes Road. As constructed, the only public road access available to the loading bays is over the county owned parcel. The building was originally permitted and constructed in 1987, with the building loading bay locations and the existing Pagnes Road access configuration being part of the approved and permitted site plan. Mr. & Mrs. Nicolas purchased the property believing the access and use rights to the county owned parcel were in place. The necessity of a recorded easement has only recently surfaced. The Nicolas property is subject to a sales contract dated March 12, 1999 and the contract purchaser has raised the easement issue as a title objection. In response to the objection, we submitted our easement request to the Real Property Management department in April, 1999. However, after discussions with Kevin Hendricks and Heidi Ashton our understanding is that the application process has been essentially suspended pending further direction from the Commission. As such, we respectfully request an appearance before the Commission for the purpose of requesting direction and assistance in obtaining the required easement. In summary, we are simply requesting an easement instrument which essentially confirms the same access and use rights as were permitted by the County in 1987 as part of the construction approval process. They are also the same access and use rights which h._ave been I&~EN~A ~TEH 0 CT 1 2 1999 Mr. Robert Fernandez Page 2 September 3, 1999 used and relied upon by the building owners and tenants since the building's initial occupancy in 1987. A rendering of the existing building and parking configuration is included for your review. Also enclosed are copies of my correspondence dated April 15, 1999 and May 24, 1999 to Kevin Hendricks and Heidi Ashton which provides additional detail regarding our easement request. Please call if you have any questions. On behalf of the property owners, your assistance on this matter is appreciated. q..Kin~~ t Regards, JP Enclosures cc Mr. Bruce Nicholas I~,lr. Kevin Hendrr',cks Ms. Heidi Ashton Mr. Jim Vogel .... J_~.P. White 0CT 1 2 1999 ",. 1999 Fax Transmittal 10 pages (i.cludi.g this cover Collier County.Government Real Property Management Department Phone: (941) 774-8991 Fax: (941) 774-8876 DATE' TO: FROM: August 4, 1999 Mrs. Susan Fay, Seminole Gulf Railway Kevin Hendricks, Right-of-Way Design and Valuation Coordinator Collier County / Seminole Gulf Railway Railroad Terminal Operation ATTENTION: The party to whom it is transmittal and the following attachments if you are not that party. please call the sender before discarding. Thank you. contents of' this facsimile transmission-are intended solely f(;, the. addressed. Please disregard the information contained in this If received in error, [] URGENT [] TRANSMITTED AS REQUTSTED PLEASE COMMENT / REPLY Transmitted in accordance with your request are the documents I mentioned to you earlier this day, i.e., Limited Warranty Deed to the Board of County Commissioners of Collier County, Florida, from Richard Voss, et al, and Right-of-Way Permit No. 1350 D issued to Seminole Gulf Railway on December 8, 1995. For clarification and reference I have also included a copy of the Property Appraiser's Tax Assessment Map for the area. The attomey representing a potential purchaser of the abutting property (Tax Parcel No. 15.2 - see map) is concerned about access across that portion of the County's lands across which Seminole Gulf Railway operates a public railway terminal (cargo loading and unloading area). It is the intent of Collier County's Transportation Department, the Real Property Management Department and the Office of the County Attorney, to secure cooperation among the various interested parties, such that the railroad terminal operation may continue without interference, and such that the abutting property owners (present an&'or future) may continue to access their property across the property in question (Tax Parcel No. 45). Your suggestions for securing and maintaining said cooperation are most welcome. Please advise at your earliest convenience. Thank you. / ,,~j,x~:~ OCT 1 ] t999 Pg' ~ PERMIT TO PERFORM WORE AND/OR MAINTENANCE. IN PUBLIC RIGHT-OF-WAY ' " IN COLLIER COUNTY, FLORIDA DEVELOPMENT SERVIa;ES DEPARTMENT DATE RECEIVED DECEMBER 8, 1995 PER,',4:T ! 3 5 0 D Approval is hereby requested by SEMINOLE GULF RAILWAY FEE PAID WAIVED - PUBLIC PURPOSE tbr the purpose of ACCESS AND OPERATION OF THE RAILROAD SIDING at/on RAILWAY/COUNTY FACILITY @ PAGELS ROAD ~ N/A Block N/A N/'A · ~ Tract,"Lot No. Unit Subdivision N/A Sec. 10 -Twp. 48 S.' Rge. 25 E. The work herein deszdbed and pe:'mittcJ is to be commeaced on or about DECEMBE~ 1 1, 1995 and completed approx;mate!y ~:.,_,~-c<S Expiration Date ~E REM_~RKS NOTES: 1. Work shall be performed in accordance with approved plan, Conditions of Permit appearing on reverse side. stipulations specified as part of this permit and in accordance with Collier Count.',' Ordinance #93-64 and the "Public Rights-Of-Way Construction Standards Handbook," latest edition. " Applicant declares that prior to filing this application he has ascertained the location of all existing utilities. both aerial and underground. 3. This permit is contingent upon Permittee obtainin~ necessary rights of entry for construction and maintenance where required right-of-way for public use has not been dedicated and accepted bv Collier Countx. 4. It' the application is made by any person or firm other than the owner of the property involved, a written con- sent from the property owner shall be required prior to processing of the application. 5. '~Development Services Department approval does not exempt the permittee from gaining approval from any State, Federal or Local Agencies having jurisdiction o~er the proposed work." Owner Address FT. MYERS, FL Telephone (941) 27.5-6060 I a~ee to conduct ail work in accordance with CounD' Ordinance 93-6-1 and al, l<'i~'plicable CounW and State Codes and Laws. .%fORDON FAY, PRE~!DENT CENTRAL PO!NTE 33916 APPROVED: ~ ~ DEVELOP*lENT SERVICES DEPARTMENT DATE / ~.%_-- z J--'""¢' ,,¢"- REMARKS: ADDITIONAL CONDITIONS PER ATTACHED MEMORA,N-DUM FROM THE COUNTY TRANSPORTATION DIRECTOR DATED DECEMBER 8, 1995: EXPIRATION DATE SUBJECT OF COUNTY NOTICE PER ORDINANCE 93-64. OFF;CE CCFY OCT' - 2J 99 P,a. /-? 1. Permits are required for all work performed in anv rights-of-way or eascm~ents provide.z, fzr p~:[ic use ia tpe unincor:orate~ area of C~lLier Count'/ an~ in those ~u=lic rignts-of-wav or easements rmafntained ~,v Cct~ier Csunty, bug ~hich tie ,~it~in municipal boundaries. £. ~hen permitt:~ facilities are placed witnin a pumlic right-of-way cr eas~.:nt, the ~nstal~aticn is permissive use only ar~ placing of facilities shall not operate t~ create or vest any asscc~ate'J r~?t-of-way or easement in the ~er~e. Further.mere, the ser~f~tee Sna~L ~e m~intenamce of s~c~ facili=ies until they are remcve~, unless other',isa szecirie~ in the ~art!cular fnsZance. Ail materials and equiF~m, ent shall be suDject ta inspection ~y the Development Sony{cas department's assignee. Recuests for insaectlcn shall be mace 72 hours prior to =:rr~rcir. g ~ork racuir!.qg ~nszect!:2. 5. During the construct(ch, the Ccntractrr/Permittee shall cs.-r~('/ ,it~ the "S:~:~ cf FL:r!Ca M~ual o¢ T-aff;c C;ntrcL and Safe ~ractices for Street an~ Hi~,~,~a,¢, ....... Cs~stFuct!:~, ~a(n:er, arce, and '";';-'.,, ,~2eratis~s" ~rc .::~ the "Manual cn Unif:rm Traffic Control Dev(c~s" ~: .~::h ~iI other ~:vermn~ s.~:a:y regu~&::c-s The Count'~ shall be relieve~', of ail r~socnsi=(~!:'¢ from dsm~.Se cr l!sci,i:/ cf ~sm~ge cf an'/ ~at'.re ar!s:r~ fr~m work autnorize~ under this permit. 7. Ai~ crossings of existing pavement snell be b,./ jz:k!r.g and borirg at a minimum resin c: t~ent'/-fsur ir. cleo (Z&"), u~less ctnerwise m~tnc.~eJ b'/ t~e 30 2~:;~.en~ Services S~artme%t's assignee. - ALi overhead instaL[atior, s ~ . , conform t~ ..~rance q:ar~-aros cf t~e Scu~:'/, a~c at: '~cer~rsurc crcssi-~' vcLts) wilt h~'/e a m(~fm~m ~irt'/ inch (3C"~ c:ver. Exc~oticns v~v be m~de by aut~cr!:'/ cf t~e 2e~eL:?e~t Services ~e~artment. T~o srints of the proposed ~crk covering detaiis c~ t~is ins~a;!atf.sn sna[~ be ~ece a ;a-r cf t.-(s ~e[m!:. '¢ additional $lans are required, tmey s~alL beszme a part of this ¢erm[t. ,Ct. Crasa[r. 6 a~/'or seeding shall be require; for ar'r disturbed rights-or-.a-7 fo[io,';ng cmTo;etic~ of all p~rmitt~ ~crk. All proaerty cistur:ed by authcrizatisn cf this fermit small be restored better th'am cr equal Go frs crfg(nai c=nd(t~cn and to the satisfaction of the De,/eicp~,ent Services Department's assignee. 12. ~henever necessary for the construction, resair, maintenance, (,,'r~r=vement, alteration =r -~.l~ca * * ..... ~ s? saic right-of-way or easement as determined by :~e .~u,,. , any cr a[~ =cleo, lar~scac.!ng, driveways, sprinklers, or other facilities and ac=~rtenarces authorized sro'., be rem.,~ved fr~m saio right-Cf-Way or easement, er reset or re{coated thereon as recu[red arc so exrense of the permittee, his successor or assigns. 13. Where the permittee, cr his suc=esscr or assigns, is notified of a need far c~nstruct(c~, repair, maintenance, improvement, alteration of or teledar(on within the right-of-way or easeme, n~ and no action is taken by responsible pa~tv within the t~me frame specified by the County, t~e County shal! cause the permitted work ts be altered, re!coated, cr removed, ~i~h t~e to,at expense being borne by the permittae or the res~cns(=!e party. 14. ~ermits shall generall~ be in a'form acproved by the 8card of County Commissioners and sna;[ inc[~e the time of commencement, the number' cf days the ~c~ is expected to take, and the approximate date rf cs~=letic~. The permit will expire ninety (90) days after the designated cc~'~aleticn cate, unless authorized in the scecifi; instance for a longer or shorter per~od. If t~e wcrk has not been c=~let~ by the expira~icn date, t2e~e w(l[ be a renewal fee, set by Resolution, payacle upon exter~ing the expiration date for an a~iticnal n~net7 (90) days. 15. All correspondence regarding construction procedures wil. l be handl.~-J d(rectly with the permittee, his authorized agent or his consultar, t, and not through a contractor ar subcontractor. 16. Upon c~mpletifn o¢ authorized work and prior to acceptance by the County, the Oevelop~nen~ Services Department shall be notified via the completion stub attached hereon, by ~kailing or delivering the stui2 to the Develc~ment Services Department, 2~00 North Horseshoe Drive, Naples, Florida 33942. OCT 12 1999 DATE: TO: FROM: SUBJECT: December 8, 1995 Rill Spencer, Engineer I PS/Engineering Review G. F. Archibald, P.E. Transportation Director Recommendation for Permit Apprcva! to Seminc!e Gulf Railway for Access Cperaticnai Centre! cf the Rai!rcad Siding cn Page!s Road . P__m__ App!icaticn Nc 135CD, It is recuested than the In retard tc the attached =~ ~ . ' _ application be processed for approval as soon as pc. ssible tc address liakility, safety and related cperational risk cf the County frzm c~:rrent misuse cf the site Recommended conditions for ...... m~ amuiicauicn auk. rs'tel are cu~-=~ as fc!!cws: i. Compliance with those conditions set forth cn the front and back cf the application form. 2 ........ Maintain the site in accordance with ~Se a~o-;= and fo]]c' ~ngw' sue~a~_ __ _ uermlt' conditions: Install security fencing a!cng the frontage with Page!s Road to include a gate with an a~prcximate 20 fccz opening (Reference: Trcpica! Fence Proposal dated 9/26/95, 597-3013). Control access to the site via Pagels Road utilizing the abcve referenced fence/gate/!cck. c. Maintain minimum cperating conditions per the icl!owing: (1) Regular operating da'Is to be ~Icnday thru Friday. (2) Regular cperating hours to be 8:00 A.M. to 5:00 P.M. (3) Site access shall be subject to apprcval cf Seminc!e Gulf Railway . t~__=none numbers being 94!-275-6C~0 and Collier County with posted =]=~' for the Raiircad and 941-774-8494 for the Ccunty. (4) Ail users shall be approved by Seminole Gulf Railway and shall comply with and be subject to the. conditions of the Cc~ty Right-cf-way Permit. mat_~_a_s within the Railroad (5) Unauthorized vehicles and/or =~ ~ ..... _ Bfll Spencer December 8, 1995 Page 2 (6) Ail users to be responsible to maintain the Railroad Siding area in a safe and clear condition. (7) Additional conditions as may become appropriate and acceptable tc both the Railroad and the County. party which objects tc any of the conditions and ac:ions recommended abc~ze has appeal rights thru the County Transportation Director tc the Board cf County Ccmmissicn. As a matter cf information, the County Transportation Department will immediately be placing signs cn the Railroad Siding to indicate: (1) "Caution - Nc Trespassing - Railroad Unloading Cnly"; (2) "Unauthorized Vehicles Will Removed At Owner's Expense"; and (3) "Access £y Permit Only - Telephone 941-275- S260 cr 94!-774-8494 Regular Operating ~curs are ~:0c ~.M. to 5:00 P.M. Regular Operauing Days are Monday thru As always, u~cn review cf the above anc attached Permit Appiicaticn, shcu!d additional infcrma%ion ke necessary/, please dc not hesitate in contacting me at 774-8259. cc: Larry Henry, Road & B~i~c= Sumerintendent 0 C T 1 2 1999 OCT 1 ua Ii THIS INDENTURE, Made this 29th day of November , 1980 BETWEEN RICIIARD L. VOSS, RICK P. VOSS, also known as RICHARD P. VOSS~ ANDREW L. VOS$, TIMOTHY S. VOSS' and CHARLOTTE B. VOSS; the Grantors, AND THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, for the use and benefit of said County, whose post office address is: Collier County Courthouse, Naples, Florida 33942, the Grantees. WITNESSETH, That the Grantor, for and in consideration of the sum of TEN DOLLARS AND OTHER VALUABLE CONSIDERATIONS in hand paid by the Grantee, receipt whereof is hereby acknowledged, hereby convefs to Grantee the real property in Collier County, Florida, described as: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART OF THIS INSTRUMENT. Subject to the restricticn£, reservations and easements of record and ad valorem taxe- for calendar year 1980 and sub- sequent years. This is not a homesteaa~ And the Grantors do hereby covenant that the property is free of all encLunbrances made by them, and that they will warrant and defend the same against the lawful claims of all p~r~ons claiming by, through or under them, but against none other. CONDITIONS: Said County of Collier, as part 'of the consideration for this conveyance, agrees to main=sin the area herein conveyed and to maintain the owners' r~mainLng lands adjacent thereto free from debris resulting from the public railroad terminal facility operated thereon. At such time as the l~nd conveyed herein is no longer used for railroad terminal purposes, the land shall revert to the Grantors, ~heir heirs or assigns. 15.56 (SEAL) STATE OF COUNTY I E~BY CERTIFY that on this day personally appeared before an officer duly authorized to a~inister oaths a~d cake acknowled~ents, to me well known to be the person describe~ as Grantor and who executed the foregoing deed, and acknowledged before me that said person executed the same freely and voluntarily for the purpose therein expressed. WITNESS my hand and seal this ~q~ day of ~3V~,~F-~' , 1980. STATE OF My commission expires: FlJANK ST. CHARLES COUNTY OF I HEREBY CERTIFY that on this day personally appeared before ~," an officer duly authorized to administer oaths and take acknowledgments, to me well known to be the person described as Grsntor and who executed the foregoing deed, and acknowledged before me that said person executed the same freely and voluntarily for the purpose therein expressed, WITNESS my hand and seal this ____ day of , 1960. ..' Notary Public \ ,~ ', My commission expires: Prepared by z Donald T. Franks . ~ ~",~:, o~,~a, s~ ~* ~,~ Naples, Florida . ............. - JOCT 1 2 J Pg. ~.×,,~B~ ".,~" O.R. 895 PG Being a part of the Noruheast quarter of Section 10, Town- ship 48S, Range 25E, Collier County, Florida and more par- ticularly described as follows: Commencing at the intersection of the North line of the South one-half of the South one-half of the said Northeast quarter of Section 10 .and the Easterly right-of-%~ay line of old U. S. Route 41; thence N89o50'10"E along the said North line 706.64 feet to THE PLACE OF BEGINNING; thence continuing N89O5O,10-E along the said North line 70.00 feet to the point of intersection with the Westerly right- of-way line of the Seaboard Coast Line Railroad, said point being on a curve concave to the East and having a radi~,s of 22983.3 feet; thence Southerly along said %{esterly rigLc--of- way line and along the arc of said curve through a ~entr'al angle of 00o46'23'', for an arc distance of 310.17 feet; thence S89o52'30-W, 70.00 feet; thence Northerly on a curve concave, to the East having a radius of 23053.3 feet and being parallel ~o the said railroad right-of-way curve, an arc distance of 310.12 feet to THE PLACE OF BEGINNING. WILLLA)A J. REAl'N, CL~N OCT 1 2 1999 | Law Offices PAra< NO~ 5121 Casmllo Drive, ~ 2 Naples, Florida 34103 May 24,1999 Fax 64,<)-7777 434-0050 Ms. Heidi Ashton Assistant County Attorney Collier County Attorney's Office 3301 East Tamiami Trail Naples, FL 34112 Mitchell B. Nicolas and Mclinda A. Nichola~ Application for Easement or Use Permit Railhead Subdivision Dear Heidi: Our firm represents the above land owners with respe~ to their application to the County for an easement or use permit over a portion of the County owned rail way parcel located in the Railhead Subdivision. The request is set forth in my letter application dated April 14. 1999. Mr. Mike Dowling called to relate your concern with the reverter provision included in the November 29, 1980 conveyance by which the County acquired title to the parcel. You have requested that we obtain consents from each of the four (4) original deed grantors authorizing the proposed use or easement grant. I am having a difficult time locating the grantors. As noted in the original conveyancing instrument, three (3) of the grantors executed the deed in Ohio and the fourth (4th) grantor reflects a Georgia notary acknowledgment. None of the grantors are listed in the Naples telephone directory and Mr~ Franke, the attorney who prepared the deed, apparently no longer has an active law practice. Although we have been unable to discuss this matter, I would respecfl'ully request that you reconsider your request for the consents. In support thereof, t would call your attention to FIorida Statute Section 689.18 which provides that reverter provisions contained in deeds executed after July 1, 1951 become null, void, and unenforceable after 21 years from the deed date_ As the deed was executed on November 29,1980, the reverter provision will become unenforceable after November 29, 2001. Is my understanding that the parcel is subject to a lease or use permit which will satisfy the railroad terminal use requirement through the end of the reverter term. As you are aware, forfeitures or reverters in conveyancing grants are not favored in law. The Florida courts generally view reverter provisions as limitations to a conveyance which are to be stdctly or narrowly construed_ The conditions which trigger the reversion cannot be extended beyond the clear meaning of the language used. The Voss deed reverter provides ..."At such time as the land conveyed herein is no longer used for rail road terminal purposes, the land shall revert to the Grantors, their heirs or assigns." The deed provision does not state that the parcel must be used exclusively for rail road terminal purposes. Imposing or infemng an exclusive use condition extends the limitation beyond the plain language included in the reverter provisicl.-:. Ac.~m~ .~, "', "°'- \L~ '0CT 1 2 1999 Ms. Heidi Ashton Page 2 May 24, 199g Mr. and Mrs. Nicolas purchased the building as a completed structure in its current site plan configuration. The loading bays on the east side of the building require use of the County parcel for maneuvering room and access to Pagnes Road. In fact, the only public road access available to tr~e loading bays is over the County owned parcel. With the building loading bay locations and the Pagnes Road access configured as part of the approved and permitted site plan, the Nicolas' purchased the property believing the use rights to the County owned parcel were in place. The issues regarding access and use of the County owned parcel have only recently surfaced. The Nicolas property is currentJy subject to a sates contract and the buyer has raised these issues as title objections. As our application for the easement has been pending for some t~me now, we would appreciate your help in expediting the process. On a side note, last week a representative of the Company ostensibly leasing the rail road' spur line demanded that Mr. Nicolas cease using the County parcel. Thereafter the lock to the access gate was changed to deny access to our client. Mr. Nicholas has been using the County parcel ever since he purchased his property. In fact, the gate was constructed last year at Mr. Nicolas's sole expense after reviewing the need for the gate and the construction details with a County representative. Aside from the obvious harclships arising from the loss of access and use of the loading bays, the lessee's actions raise a serious concern as to the breadth of their lease, including the authority to exclude others from a reasonable use of the property. Again, your expedited and timely assistance in helpir~g us to resolve ali of these issues and questions would be greatly appreciated. Jp Enclosures cc Mr. Bruce Nicholas Mr. Jim Vogel Mr. Mike Dowling On §la es: A,~J'~t~¢~ la,er 5-23 wpcl hgards' A. EM'"" AGE NO - t.'r._[I , gO'8 ~G:£[ 66, ~C fieN O~O0-Vg~-lr6:xej sa%P!Doss~ ~ a~:q~ BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE October 12, 1999 FOR BOARD ACTION: 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: o 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. September 13 - 17, 1999 B. September 20 - 24, 1999 Districts: A. Golden Gate Fire Control & Rescue District - Agenda for September 8, 1999 meeting B. Naples Heritage Community Development District- Notice of Public Meetings for New Fiscal Year and District Map C. Heritage Greens Community Development District - Notice of Public Meeting Schedule for the New Fiscal Year and District Map D. Fiddler's Creek Community Development District - Schedule of Meetings for New Fiscal Year and District Map E. Immokalee Water and Sewer District - Fiscal Year 2000 Budget F. Port of the Islands Community Improvement District -Notice of Public Meeting Schedule for the New Fiscal Year, District Map and minutes of July 15, 1999 meeting Minutes: A. Radio Road Beautification Advisory Committee - Agenda for August 9, 1999 meeting and minutes of August 9, 1999 meeting B. City/County Beach Renourishment Advisory Committee - Agenda for September 9, 1999 meeting C. Immokalee Enterprise Zone Development Agency - Minute: ~-- .... meeting No. OCT 1 2 1999 I o Do mo Other A. Historical/Archaeological Preservation Board - Agenda for September 17, 1999 and minutes of August 27, 1999 meeting Collier County Airport Authority - Agenda for September 13, 1999 meeting and minutes of August 9, 1999 meeting Collier County Planning Commission - Agenda for September 16, 1999 meeting Hispanic Affairs Advisory Board - Minutes of July 22, 1999 meeting Lely Golf Estates Beautification Advisory Committee - Agenda for September 17, 1999 meeting and minutes of August 6, 1999 meeting Ochopee Fire Control District - Minutes of May 3, 1999 meeting Library Advisory Board - Minutes of June 23, 1999 meeting Parks and Recreation Advisory Board - Agenda for August 25, 1999 and September 22.1999 meetings, revised minutes of June 23, 1999 meeting and minutes of August 25, 1999 meeting Collier County 1998 Tax Role Error and Insolvencies Report and copy of Property Appraiser's Certificate of Correction form from Guy L. Carlton, Collier County Tax Collector, AGEND. A ITEM No. //~ ~ 0el 12 1999 Pg- ~ EXECUTIVE SUMMARY RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS TO ACCEPT THE COPS IN SCHOOLS GRANT AWARD 1999SHWX0314. OBJECTIVE: To have the Board of County Commissioners accept the three year COPS IN SCHOOLS Grant award. CONSIDERATION: On November 8, 1994, the Board of County Commissioners agreed to act as the coordinating unit of government for the United States Department of Justice, Office of Community Oriented Policing Services (COPS) program grants. On November 24, 1998, the Board of County Commissioners endorsed the Sheriff's Office request to apply for COPS In School grant funds and approved an increase of nine sworn positions. On September 16, 1999 the United States Department of Justice awarded the nine positions to Sheriff Don Hunter. Official acceptance of the COPS In Schools Grant Award is needed by the Board of County Commissioners and the Board Chairwoman's signature is required on the award document. FISCAL IMPACT: COPS In Schools positions are included in the F/Y 2000 budget. Federal funds will cover 100% of payroll costs for the fiscal year 2000 portion of this COPS In Schools three year grant. GROWTH IMPACT: Subsequent Federal Share funding: FISCAL YEAR GRANT MATCH 1999/00 $385,300 $ 0 2000/01 $404,600 $ 0 2001/02 $335,100 $ 89,800 Totals $1,125~00 $ 89,800 Subsequent years funding will be indicated as a part of the Sheriff's Office annual budget. RECOMMENDATION: That the Board of County Commissioners execute the COPS In Schools Award #1999SHWX0314. PREPARED BY: APPROVED BY: DATE: .~jn,~U/Captain, Youth & Preventive Services Division a: xscisaw AGENDA ITEM No lb- ~.~\ _ 0C! 1 2 1999 pg._ ~, _ EXECUTIVE SUM/~RY RECOM/~ENDATION TO THE BOARD OF COUNTY COMMISSIONERS TO ACCEPT THE COPS UNIVERSAL HIRING SUPPLEMENTAL GRANT AWARD 95CCWX0265. OBJECTIVE: To have the Board of County Commissioners accept the three year COPS UNIVERSAL Hiring Supplemental Grant award. CONSIDERATION: On November 8, 1994, the Board of County Commissioners agreed to act as the coordinating unit of government for the United States Department of Justice, Office of Community Oriented Policing Services (COPS) Accelerated Hiring, Education, and Deployment Program (COPS AHEAD). The COPS UNIVERSAL grant is a "supplement" of additional funding to the COPS AHEAD award. On February 14, 1995 and August 15, 1995, the Board of County Commissioners approved application for the COPS AHEAD grant and COPS UNIVERSAL supplemental grants and authorized an increase in the number of budgeted Sheriff's Office law enforcement officer positions to support the community policing program. On May 18, 1995, the United States Department of Justice approved the Collier County Sheriff's Office COPS AHEAD grant application. On October 10, 1996, the United States Department of Justice approved the Collier County Sheriff's Office COPS UNIVERSAL Hiring grant application. On April 27, 1999, the Board of County Commissioners endorsed the Sheriff's Office request for nineteen additional COPS Universal Hiring Program positions. On August 12, 1999, the United States Department of Justice awarded the nineteen positions to Sheriff Don Hunter. Official acceptance of the COPS Univeral Hiring Supplemental Award is needed by the Board of County Commissioners and the Board Chairwoman's signature is required on the award document. FISCAL IMPACT: Ail COPS positions are included in the F/Y 2000 budget. Federal funds will cover 100% of payroll costs for the fiscal year 2000 portion of this COPS Universal Supplemental three year grant. GROWTH IMPACT: Subsequent Pederal Share funding: FISCAL YEAR GRANT MATCH 1999/00 $752,500 $ 0 2000/01 $672,500 $ 80,000 2001/02 $ 0 $790,100 Subsequent years funding will be indicated as a part of the Sheriff's Office annual budget. RECOMMENDATION: That the Board of County Commissioners execute the COPS UNIVERSAL Hiring Supplemental Award #95CCWX0265. PREPARE ------[~~; ~¢~,ln~nlform Patrol Division · Don H~ter, ~e~iff AG ~N DA [T~J~ "'""-'--.-- No. ~ ~ 4- .~. DATE: September zu 1999 -- a:xs001 0 C T 1 2 1999 U. S. Department of Justice Office of Community Orien ted Policing Services COPS Universal Hiring Supplemental Award Application Organization's Name: Grant #: ORI #? Vendor #: Law Enforcement Executive Name: Address: City, State, Zip Code: Telephone: Fa,:: Government Executive Name: Address: City, State, Zip Code: Telephone: Far: Collier County Sheriff's Department 95CCWX0265 FL01100 596000561 Sheriff Don Hunter 3301 Tamiami Trail East Building J Naples, FL 34112 (941) 793-9203 (941) 793-9333 Chairwoman Pamela S. MacKie 3301 Tamiami Trail East Building F Naples, FL 34112 (941) 774-8393 (941) 774-3602 Award Start Date: April 1, 1995 oupplemental Award Start Date: June 1, 1999 Previous Award Amount: $3,450,000 Supplemental Award Amount: $1,425,000 Total Award Amount: $4,875,000 Previous Award End Date: Revised Award End Date: Previous Number of Officers: Supplement to Number of Officers: Total Number of Officers: November 30, 2001 May'31, 2002 Full Time: 46 Part Time: 0 Full Time: 19 Part Time: 0 Full Time: 65 Part Time: 0 B}O'-igniag. ~?~s award, the signatory officials are agreeing to abide bv the Conditions of Grant Award found on the reverse side " ' ~ ~ / ~ . ~nv. :--- SI nature of x~ En~ e Typed N~e ~d T~tle fLaw 'g a~v [ or~ ment Executive with ~e . Date authority to acc~grant awed. Enforcement E.xecut~ve 0 C I ] 2 ]~ Signature of Government Executive with the authority to accept this grant award. I[TTEST: ~- DWI GHI' ~. Acct Class: 9R220201 Award ID: 55638 EXECUTIVE SUMMARY ACCEPT A CIVIL TRAFFIC INFRACTION HEARING OFFICER GRANT-IN-AID OF $12,094.08 FROM THE OFFICE OF THE STATE COURT ADMINISTRATOR AND AUTHORIZE CHAIRWOMAN TO SIGN THE AGREEMENT OBJECTIVE: To accept a Civil Traffic Infraction Hearing Officer Grant-in-Aid of $12,094.08 from the Florida Office of the State Court Administrator and authorize Chairwoman to sign the agreement. CONSIDERATION: Collier County has been awarded a Civil Traffic Infraction Hearing Officer Grant-in-Aid for $12,094.08 from the Florida Office of the State Court Administrator. A work plan for the expenditure of the grant funds and a request for the funds must be submitted by October 25, 1999. Staff recommends funds be used for the payment of contractual hearing officers at the rate of Thirty ($30.00) Dollars per hour, the cost of clerks in the courtroom at the rate of Seventy Five ($75.00) Dollars per clerk per day and the cost for bailiff services at the rate of One Hundred Twenty Five ($125.00) Dollars per day per bailiff. The Chief Judge of the Twentieth Judicial Circuit has agreed to this allocation. GROWTH MANAGEMENT IMPACT: None. FISCAL IMPACT:-Fund 681, Court Administration, will receive $12,094.08 in cost center 431590 (County Court Costs). Funds will be expended for that cost center 431590, object code 631020 (attorney/hearing officer fees); object code 635700 (county court costs). RECOMMENDATION: The Board of County Commissioners accept the Grant-in-Aid of $12,094.08, authorize the Chairwoman to sign the agreement and approve the work plan. Prepared by:~ Mark Middlebrook Deputy Court Administrator Date: October 4, 1999 Reviewed by:. /4d ~ "~~ Michael Smykowski Budget Director Approved b,y: I""'-OV~ j~[,, -{" County Attorney Date: October // Date: October. , '1999 ~ ,1999 Grant-in-aid Agreement for the Civil Traffic Infraction Hearing Officer Program in Collier County, Florida This Agreement is made among the Office of the State Courts Administrator (the "OSCA"), the Collier County Board of County Commissioners (the "Grantee"), and the Twentieth Circuit (the "Grant Manager"). The parties agree that: Ao The OSCA will pay the Grante_e $12,094.08 as a 50/50 matching grant-in-.aid pursuant to Specific Appropi-iation 2125 of the 1999-00 General Appropriations Act tOr establishment or continuation of a civil traffic infraction hearing officer program in Collier County. Upon receipt of a written request for release of funds, the OSCA will make a lump sum payment to the Grantee. Bo The Grant Manager will oversee the establishment, administration and operation of the civil traffic infraction-hearing officer program. Co The Grantee will use grant monies provided under this Agreement in accordance with the requirements of §§318.30-318.38, Florida Statutes, and rule 6.630, Florida Rules of Traffic Court. The Grantee will use grant funds to pay up to $50 per hour for services of a full- or part-time hearing officer appointed by the chief judge, and for other expenses necessary to operate the program, including hearing officer training, office rental, furniture, and administrative staff salaries. o The Grantee will submit a written requisition to the OSCA for release of grant funds no later than October 25, 1999. o The Grantee, in consultation with the Chief Judge of the Twentieth Circuit, will submit a detailed, written plan for use of grant funds and operation of the hearing officer program to the OSCA no later than October 25, 1999. The Grantee will comply with hearingofficer caseload rep, orting requirements implemented January I, 1999 by the OSCA. The Grantee s failure to comply with reporting requirements will be grounds for termination of the Agreement. The Grantee will invest grant funds that are surplus to current needs or pending distribution in accordance with the requirements of §219.075, Florida Statutes. The Grantee will return to the OSCA all interest accrued on grant funds for reversion to the General Revenue Fund unallocated. The Grantee will release grant funds in accordance with Collier County purchasing policies and rules. Do This I. 7. The Grantee will not use grant funds for lobbying the Florida Legislature, the judicial branch, or a state agency. Agreement is subject to the following terms and conditions: The Grantee will maintain proper documentation of all monies spent in a manner sufficient for proper pre- and post audit. The Grantee will maintain all expenditure records for 4 years following the conclusion of this Agreement. 2. The Grantee will maintain all records made or received in conjunction with this Agreement in accordance with rule 2.051, Florida Rules of Judicial Administration, Page 1 of 2 COPY and Chapter I 19, Florida Statutes, as it may apply. The Grantee will hold title to any equipment purchased with grant funds. (For amounts up to $25,000) On or befo,re Marc.h. 31,200.1, the Grantee will prepare a sworn statement attesting to the Grantee s co_mpliance with the requirements of this Agreement. The Grantee will submit copies of-the statement to the OSCA and the Auditor General. (For amounts greater than $25,000 up to $100,000) On or before March 31, 2001, the Grantee will have an audit performed in accordance with the rules of the Auditor General promulgated pursuant to § 11.45, Florida Statutes, or have an independent certified public accountant prepare a statement attesting to Grantee's compliance with the requirements of this Agreement. The Grantee will submit copies of the audit or statement to the OSCA and the Auditor General. (For amounts greater than $100,000) On or before March 31, 2001, the Grantee will have an audit performed in accordance with the rules of the Auditor General promulgated pursuant to § 11.45, Florida Statutes. The Grantee will submit copies of the audit to the OSCA and the Auditor General In providing, or contracting to provide, services, programs or activities, maintaining facilities, or otherwise perfonmng obligations under this Agreement, the Grantee and Grant Manager will comply with the Americans with Disabilities Act, the Civil Rights Act of 1964, as amended, the Florida Civil Rights Act of 1992 and any other fe.de.ral or state law that prohibits discrimination on the basis of race, color, national ong~n, religion, sex, age, marital status, or handicap. If, in the judgment of the OSCA, the Grantee fails to comply with the terms of this Agreement, the OSCA may terminate the Agreement on 5 days written notice by certified mail. In the event of termination, the Grantee will return to the OSCA all grant funds, except those expended in compliance with this Agreement, for reversion to the General Revenue Fund unallocated. This Agreement constitutes the entire understanding of the parties. All modifications to the Agreement must be in writing. This Agreement is effective on the date of execution and will terminate on June 30, 2000. FLORIDA SUPREME COURT, OFFICE OF THE STATE COURTS ADMINISTRATOR GRANTEE Kenneth R. Palmer State Courts Administrator Date Pamela S. Hac'Kie, Chai.rwoman Board of County Commissioners Collier County GRANT MANAGER The Honorable William Black,veil, Chief Judge Twentieth Judicial Circuit Date ATTE ST: DWIGHT E. BROCK, CLERK Page 2 of 2 Approved as to form & lega~sulf. c'; ,-'o,,.,-4 ~t~t Cmmtx Attor~y Civil Traffic Infraction Hearing Officer Grant-in-Aid County/Circuit: Collier/Twentieth Amount of Award: $12,094/08:;rant, FY 99-00 Total Budget: $ (Grant plus Match) Spending Plan County Cash County In-Kind Cater[orr Grant-in-aid Match Match Sub-To[als PERSONNEL .... FULL TIME EQUIVALENT (FTE) SUB-TOTAL PERSONNE ,L OTHER PERSONNEL SERVICES CONTRACTUAL AGREEMENTS Clerk "s (15 . per day x 2) 7,500'.00 Hearing O~icers (30. per hour) 9,ouu.oo Bailiff's at $125.per day 3,094,08 3,405.92 .. SUB-TOTAL OPS/CONTRACTUAL SVC IZ, 094.08 10,905 . 92 EXPENSE o~ice supplies & ~ostage 1,188.16 SUB-TOTAL EkPENSES - OTHER CAPITAL OUTLAY (OCO) SUB-TOTAL OCO FIXEI) CAPITAL OUTLAY SuB-TOTAL FIXED cApITAL OUTLAY GRAND TOTAL 12,094.08 12,094.08 P,eo,l~ by Gt;lnit$ Admim$1(a0on C:~J~lyFiles~CTIHO'(spenglan wb3 FY99-00 Civil Traffic Infraction Hearing Officer Grant-in-Aid Release Request Kenneth R. Palmer Office of the State Courts Administrator Florida Supreme Court Building 500 South Duval Street Tallahassee, Florida 32399-1900 Dear Mr. Palmer: In accordance with the Grant-in-Aid Agreement executed with Collier County, the Twentieth Judicial Circuit, and the Office of the State Courts Administrator, I hereby request the release of $12,094.08 as specified in the Agreement for fiscal year 1999-00. The amount is equal to the total grant-in-aid to the county. Sincerely, Pamela S. Mac'Kie Chairwoman, Board of County Commissioners Twentieth Judicial Circuit, Collier County EXECUTIVE SUMMARY MARCO ISLAND EXECUTIVE AIRPORT DELIMITATION OF FOOTPRINT OBJECTIVE: To delimit the footprint of the Marco Island Executive Airport consistent with the Airport Master Plan. CONSIDERATION: The Airport Authority has reached an agreement with the Conservancy and other environmental groups which among other things calls for a binding resolution that limits the airports growth and impact to that identified in the Airport's Master Plan. FISCAL IMPACT: None GROWTH MANAGEMENT IMPACT: Consistent with Growth management Plan RECOMMENDATION: Adopt Resolu.tion~No. ~ I PREPARED BY: /,~j' . Drury~.A.E., ~,,/ Executive Director REVIEWED BY: Tom ;Jl"~r,g, Assis~~ t~Ce~y REVIEWED BY: Lt t'r I>~-,-t- h/arc,tX/Chairman - comer county Airport Authority H:DelimitationFootprintExec 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 43 45 47 48 49 50 51 52 53 55 RESOLUTION NO. 99- RESOLUTION OF THE BOARD OF COUNTY COM3{ISSIONERS OF COLLIER COUNTY, FLORIDA, PROVIDING TO TIlE GREATEST EXTENT NOW OR HEREAFTER ALLOWED BY LAW, THAT DEVELOPMENT AT THE MARCO ISLAND EXECUTIVE AIRPORT SHALL NEVER OCCUR OUTSIDE OF THE GEOGRAPHIC CONFINES OF THE DEVELOPMENT FOOTPRINT NOW EXISTING IN THAT AIRPORT'S MASTER PLAN WHEREAS, A Long Range Master Plan exists for development of the Marco Island Executive Airport; and WHEREAS, an Airport Layout Plan ("ALP") that depicts the ultimate build-out development of the Marco Island Executive Airport is a part of that Master Plan; and WHEREAS, the Collier County Conservancy and four (4) other "conservation groups" noted in a one (1) page Memorandum of Understanding, dated July 23, 1999, have requested assurance from the Collier County Board of County Commissioners that all development of said Airport shall remain in perpetuity within the current development footprint of the current Master Plan, except to the extent, if any, that the Collier County Conservancy, or its then successor in function, may from time-to-time authorize in writing. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS, OF COLLIER COUNTY, FLORIDA, that: The development footprint of Marco Island Executive Airport, as such footprint is depicted in the ALP attached hereto as Exhibit A, and by reference is incorporated herein, shall never be expanded in geographic area outside of the current footprint except to the extent, if any, that the Collier County Conservancy or its then successor in function may from time-to-time authorize in writing. However, this Resolution does not limit the County's then legal obligations, if any, to install facilities, such as aids to navigation, outside of said footprint, but only to the extent that such facilities are then required by law to safely operate aircraft into and/or out of the Airport. This Resolution adopted this ~ day of second and majority vote favoring adoption. 1999, after motion, ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COIVIMISSIONERS, COLLIER COUNTY, FLORIDA Approved as to form and and legal sufficie.ncy: Thom'~ C. Palm,r, Assistant County Attorney H:beeMI.Footl~intRea By: PAMELA S. MAC'KIE, Chairwoman AGENDA ITEM No. )/~ ~--4 _ EXECUTIVE SUMMARY PETITION: PUD-88-6 (2), KAREN K. BISHOP OF PROJECT MANAGEMENT SERVICES INC., OF NAPLES REPRESENTING RONTO GOLF ESTATES, INC. REQUESTING AN AMENDMENT TO THE FOREST GLEN OF NAPLES PUD FOR THE PURPOSES OF INCREASING THE TOTAL NUMBER OF DWELLING UNITS FROM 790 TO 799 UNITS; REVISING SECTION 1.3 OF THE PUD DOCUMENT TO REFLECT THE CURRENT PROPERTY OWNER AND REVISING THE MASTER PLAN TO INDICATE THE LOCATION OF A FIRE STATION FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF DAVIS BOULEVARD AND C.R. 951, IN SECTION 2, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: This petition seeks to amend the Forest Glen of Naples PUD document to increase the currently approved maximum number of dwelling units from 790 units to 799 units thereby increasing the density from 1.24 units per acre to 1.26 units per acre. This petition also updates the PUD Document and Master Plan as noted above. CONSIDERATIONS: The Forest Glen of Naples PUD is currently approved as a mixed-use project allowing for 790 dwelling units which results in a density of 1.24 units per acre. The petitioner is now requesting nine (9) additional residential units for a total of 799 units that will increase the project density to 1.26 units per a~re. The proposed amendment also revises the property owner listing and updates the Master Plan to indicate the location of a permitted fire station along the East Side of the commercial tract. For this reason, staff is of the opinion that the required findings for standard and PUD rezones do not apply in recognition of the fact that, when the property was initially rezoned, the decision to approve the subject PUD was based upon a preponderance of evidence and conditions which support the required findings for both standard and PUD rezoning actions. This amendment does nothing to change approved PUD land uses and only requests a slight increase in the intensity of development by adding 9 additional residential units for a total of 799 units. As a result the residential project density is increased to 1.26 units per acre. It should be noted that the PUD contains over 375 acres of preserve and open space areas. Given the size of the project (635 acres), no one's expectations can be adversely affected by the slight increase in density or the revision to the Master Plan showing the location of the Fire station adjacent to the commercial tract to the west and a preserve tract to the east. A compatibility study conducted by staff' indicates that the amendment will not change the essential nature of the project or the development standards contained within the currently document. Since the residential dwelling types meet current market conditions, there are the permitted dwelling types. In addition, the adjacent properties to the north and wes no c&a. are c~ OCT 12 1999 zoned to allow for commercial and industrial uses. To the east is the Toll Plaza RV Park PUD which is approved for 334 Recreational Vehicle (RV) units. This RV development is separated from the Forest Glen residential areas by the preserve area. Therefore, this amendment is deemed compatible with the surrounding land uses. As a result, this petition should not have any adverse economic impact on the surrounding area. Based on the above referenced analysis, staff is of the opinion that this amendment does not significantly impact the approved density and will not have an adverse impact on any adopted level of service standard. The Collier County Planning Commission heard this petition on September 16, 1999. They unanimously recommend by an 6 to 0 vote to forward this petition to the. Board of County Commissioners with a recommendation of approval subject to staff stipulations contained in the PUD document. It should be noted that no persons addressed the Planning Commission and staff has not received any letters of objection conceming this proposed amendment. As a result, this petition has been placed on the Summary Agenda. FISCAL IMPACT: This PUD by and of itself will have no fiscal impact on the County. However, if this request meets its objective, a pgrtion of the existing land will be further developed. The mere fact that new development has been approved will result in future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects 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. The following impact fees will be applicable to this project for the 9 additional dwelling units: · 'Park Impact Fee: · Library Impact Fee: · Fire Impact Fee: · School Impact Fee: · Road Impact Fee: · Radon Impact Fee: · EMS Impact Fee: · Building Code Adm.: · Micro Film Surcharge: $578.00 per unit $180.52 per unit $0.15 per square feet of building $827 per unit $890 per unit $0.005 per square foot of building $2 per unit $0.005 per square foot of building $1.50 per unit For an average unit size of 1,000 square feet, the total fiscal impact will be $2,639.02 per unit. Since this project proposes 9 additional units, the total amount of residential impact fees collected at build- out will total $23,751. It should be noted that 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, there is no guarantee that the project at build-out will have maximized their authorized level ofdevek ~men~,£t,~A ~TF_~ 2 ~ OC'[ 12 1999 Pg. ~ Other fees will include t'nilding permit review fees and utility fees associated with connecting to the County's sewer and water system. Building permit fees and utility fees have traditionally offset the cost of administering the community development review process, whereas utility fees are used on their proportionate share of impact to the County system. Finally additional revenue is generated by application of ad valorum tax rates. The revenue that will be generated 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. Nevertheless, it should be appreciated that not withstanding the fiscal impact relationship, development takes place in an environment of concurrency management. When level of servic, e requirements fall below adopted standards, 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 that may have local geographic concurrency implications. GROWTH MANAGEMENT IMPACT: Petitions deemed to be consistent with all provisions of the Growth Management Plan-(GMP) can not have an adverse impact on the GMP. This petition was reviewed for consistency and was found to be consistent wiih all the applicable provisions of the GMP. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.1 and 3.15 of the Collier County Land Development Code. PLANNING COMMISSION RECOMMENDATION: That the Collier County Planning Commission recommend approval of Petition PUD-88-6 (2) subject to the conditions of approval that have been incorporated into the PUD Document and adopting Ordinance. 3 AGENDA ITEM 174 OCT 1 2 !999 pg. ~ PREPARED BY: t~kY/~Lo~¢~, PRINCIPAL PLANNER CU~T PLANNING SECTION R6NALD F. NTi~6~ ~CP, MANAGER CURRENT PLANNING SECTION DATE DATE RO~~RECTOR PLANNING SERVICES DEPARTMENT VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. PUD-88-6 (2) EX SUMMARY/RVB/rb DATE DATE 4 ITEM OCT 1 2 1999 p~. ~' AGENDA ITEM 7-D TO: FROM: DATE: RE: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES AUGUST 16, 1999 PETITION NO: PUD-88-6 (2), FOREST GLEN OF NAPLES PUD AGENT/APPLICANT: Agent: Owner: Ms. Karen Bishop Project Management Services, Inc. 2335 Tamiami Trail Suite g408 Naples, Florida 34103 Ronto Golf Estates, Inc. 3185 S. Horseshoe Drive Naples, Florida 34104 GEOGRAPHIC LOCATION; Th~ subject property is located on the southeast comer of Davis Boulevard and C.R. 951 in Section 2, Township 50 South, Range 26 East. (See iljustration on following page) REQUESTED ACTION: The petitioner is requesting a rezone from PUD to PUD for the purposes of amending the. Forest Glen of Naples Planned Unit Development (PUD) and Master Plan by increasing the total number of dwelling units by nine; revising the project density; updating Section 1.3 of the PUD to reflect the current proper~y owner; and revising the Master Plan to indicate the location of the fire station boundary. PURPOSEfDESCRIPTION OF PROJECT: The currently approved mixed-use project is approved for 790 dwelling units which results in a density of 1.24 units per acre. The petitioner is now requesting 9 additional residential units for a total of 799 units which will increase the project density to 1.26 units per acre. The proposed amendment also revises the property owner listing and updates the Master Plan to indic ~te °~e location of a permitted fire station along the east side of the commercial tract. /?A 1 OCT 12 1999 1999 SURROUNDING LAND USE AND ZONING: Existing Conditions: The residential portions of the subject site are currently undergoing development. As previously noted, the site is zoned Forest Glen of Naples PUD. Surrounding: North - CR-84 and the partially developed commercial/industrial development Zoned: "Tollgate PUD" East - Developed residential; Zoned: "Toll Plaza RV Resort PUD" South - Undeveloped land; Zoned: "Agriculture" West - CR-951 & undeveloped commercial; Zoned: "Westport Commerce PUD" GROWTH MANAGEMENT PLAN CONSISTENCY: This petition has been reviewed by the appropriate staff for compliance with the applicable elements of the Growth Management Plan, as noted below: Future Land Use Element: The subject property is designated Urban Residential Fringe on the Future Land. Use Element (FLUE) of the GIMP. This designation is to provide transitional densities between the Urban Designated area and the Agriculture/Rural area. Residential land uses may be allowed at a maximum density of 1.5 units per acre. It should be noted that the PUD is consistent with the density rating system of the GMP since the proposed 799 units results in a density of 1.26 units per acre for the non-commercial areas of the PUD. The commercial tract is located within an "Activity Center" designated area on the FLUE Map, which is technically a ten (10) acre activity quadrant. Traffic Circulation Element: The traffic impact review indicates that the proposed amendment will result in 86 additional site generated trips over the amount currently approved. These trips will not exceed the significance test standard (5 percent of the LOS "C" design volume) on any County road. In addition, CR-951 is currently a 4 lane arterial road fronting the project with a traffic count of 23,739 AADT. This traffic count results in a roadway operation of LOS "C". Applicable Elements: Staff review indicates that this petition has been designed to account for the necessary relationships dictated by the Growth Management Plan (GMP). Mitigation measures and stipulations have been developed (where appropriate) to ensure consistency with the GMP during the permitting process. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Section 3.15 of the Collier County Land DeveloPment Code, Adequate Public Facilities, at the earliest or the next to occur of either final SDP approval, final plat approval, or building permit applicable to this development. Therefore, this proposed PUD amendment is consistent with the goals and policies of the GMP. Staff has concluded that no level of service standards will be adversely affected by this amendment. Appropriate mitigation measures and stipulations will assure that the County's interests are maintained. Consistency with the goals, objectives and policies of other applicable elements of the GMP and level of service relationships are to be achieved by stipulations and/or development commitments made a part of the approval o£this development order. 2 AGEIqDA ITE~ t 2 1999 Pig- 7 PLANNING EVALUATION FOR ENVIRONMENTAL. TRANSPORTATION AND INFRASTRUCTURE: This petition was referred to all appropriate County agencies for their review. Since no level of service (LOS) standard will be adversely affected by this amendment, these agencies have recommended approval subject to appropriate stipulations that are consistent with the Land Development Code. These approval stipulations have been incorporated into the revised PUD document. EVALUATION: The purpose of this petition is to amend the Naples Golf Estates PUD. For this reason staff is of the opinion that the required findings for standard and PUD rezones do not apply in recognition of the fact that when the property was initially rezoned, the decision to approve the subject PUD was based upon a preponderance of evidence and conditions which supported the required findings for PUD rezoning actions. However, staff has evaluated the proposed amendment and has the following comments: This PUD amendment will not adversely impact any level of service standard and is consistent with the currently adopted Growth Management Plan. A compatibility study conducted by staff indicates that the amendment will not change the essential nature of the project or the development standards contained within the currently approved PUD document. Since the residential dwelling types meet current market conditions, there are no changes to the permitted dwelling types. In addition, the adjacent properties to the north and west are currently zoned to allow for commercial and industrial uses. To the east is the Toll Plaza RV Park PUD which is approved for 334 Recreational Vehicle (RV) units. This RV development is separated from the Forest Glen residential areas by the preserve area. Therefore, this amendment is deemed compatible with the surrounding land uses. As a result, this petition should not have any adverse economic impact on the surrounding area. · Based on the above referenced analysis, staff is of the opinion that this amendment does not significantly impact the approved density and will not have an adverse impact on any adopted level of service standard. STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission forward Petition PUD-88-6 (2) to the Board of County Commissioners with a recommendation for approval .... AGENDA ITEM C CT 2 1999 PREPARED BY: ~~ NA~D F. m~O,A~ , ~ CURRENT PLANNING SECTION R(5~MULHERE, AICP, DIRECTOR PLANNING SERVICES DEPARTMENT AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. 8./g. 7? DATE DATE DATE Petition Number PUD-88-6 (2) Staff Report for September 16, 1999 CCPC meeting. CO~~G COMMISSION: MICHAEL ~. BRu-e, ~, cHAIRMAN ~ PUD-88-6(2)/STAFF REPORT/RVB/rb 4 AGENDA ITF~ OCT ~ 2 1999 Petition Number Date APPLICATION FOR PUBLIC HEARING FOR PUD AMENDMENT/DO AMENDMENT COMMUNITY DEVELOPMENT DIVISION PLANNING SERVICES Name of Applicant (s) Ronto Golf Estates, Inc. Applicant's Mailing Address 3185 S. Horseshoe Drive City Naples State Applicant's Telephone number: Res: Florida Zip 34104 Bus: (941) 649-6310 Is the applicant the owner of the subject property? Yes X 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. A. Jack Solomon __ (c) If applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. __ (d) If applicant is an owner, indicate exactly as recorded, and list all other owners, if any. __ (e) If applicant is a lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. ~ (f) If applicant is a contract purchaser, attach copy of contract, and indicate actUal owner (s) name and address below. (If space is inadequate, attach on separate page.) 2. Name of Agent Karen Bishop Firm PMS, Inc. of Naples Agents mailing address 2335 Tamiami Trail Suite #408 City Naples State Florida Zip 34103 Telephone number Res.: Bus: (941) 435-9080 3. PUD ORDINANCE NAME AND NUMBER: Naples Golf Estates # 88-83 4. DETAILED LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE APPLICATION (If space is inadequate, attach on separate page. If request involves change to more than one zoning district, include separate legal description for property involved in each district. If property is odd-shaped, submit five (5) copies of survey (1" to 400' scale). 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 2 TOWNSHIP 50 S RANGE 26 E All of Section 2, Township 50 South, Range 26 East, less the property previously condemned or conveyed for right-of-way located in Collier County, Florida consisting of approximately 634 acres. 5. Address or location of subject property The property is bordered on the west by CR 951, on the north side by SR 84, on the east by Toll Plaza RV Resort PUD and undeveloped agricultural land and on the south side by undeveloped agricultural land. Does property owner own contiguous property to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). No TYPE OF AMENDMENT: X A. PUD Document Language Amendment B. PUD Master Plan Amendment __ C. Development Order Language Amendment ~'*' 12 1999 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? PETITION #: DATE: 10. HAS ANY PORTION OF THE PUD BEEN SOLD AND/OR DEVELOPED? ARE ANY CHANGES PROPOSED FOR THE AREA SOLD AND/OR DEVELOPED? Yes. X No. If yes, describe: (attach additional sheets if necessary). AFFIDAVIT We, FOREST GLEN GOLF COMIMUNITY LIMITED PARTNERSHItbeing 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; sketches, data, and other supplementary matter attached to and made part of this application are honest and tree to the best of our knowledge and belief. We understand this application must be complete and accurate before a hearing can be advertised. We further permit the undersigned tQ act as our representative in any matters regarding this Petition. NOTE: BY: FOREST GLEN GOLF COYLMUNITY SIGNATURES OF ALL OWNERS ARE MANDATORY LIMITED PARTNERSHIP BY: RONTO GOLF ESTATES, INC. S~gnamre oI owner Signature of Owner David C. Bennett, Vice President Signature of Agent State of Florida County of Collier The foregoing Application was acknowledged before me this ,:,qq day of J"urv,-- ,' 1999by ~o.~d. C .~¢~ ,whois~rsonally.known_tomeor'~-~asC-~duced as identification and who did (did not) take an oath. AGC__NOA ITEM OCT 1 2 1999 Pg. ~ 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ORDINANCE 99- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 060102 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS FOREST GLEN OF NAPLES PUD, FOR PROPERTY LOCATED ON THE SOUTHEAST QUADRANT OF CR-951 AND DAVIS BOULEVARD (SR-84) IN SECTION 2, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 635+ ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 98-39, AS AMENDED, THE FORMER FOREST GLEN OF NAPLES PUD; AND BY PROVIDING AN EFFECTIVE DATE. 26 WHEREAS, Karen Bishop of Project Management Services of Naples, Inc., representing Ronto 27 Golf Estates, Inc., petitioned the Board of County Commissioners to change the zoning classification 28 of the herein described real property; 29 NOW THEREFORE BE IT O.RDAINED BY THE BOARD OF COUNTY 30 COMMISSIONERS OF COLLIER COUNTY, FLORIDA; 31 F~C.~]~LO2:~ 32 The Zoning Classification of the herein described real property located in Section 2, Township 33 50 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD;' Planned Unit 34 Development in accordance with the PUD Document, attached hereto as Exhibit "A", which is 35 incorporated herein and by reference made pan hereof. The Official Zoning Atlas Map numbered 36 060102, as described in Ordinance Number 91-102, the Collier County Land Development Code, is 37 hereby amended accordingly. 39 Ordinance Number 98-39, as amended, known as the Forest Glen. of Naples PUD, adopted on 40 May 26, 1998 by the Board of County Commissioners of Collier County, is hereby repealed in its 41 entirety. 42 ~ 43 This Ordinance shall become effective upon filing with the Department of State. AGENDA ITF..~ 6 7 8 9 10 11 12 13 14 16 17 18 19 2O 21 22 23 24 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier Florida, this ~ day of , 1999. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIO~RS COLLIER COUNTY, FLORIDA Approved as to Form and Legal Sufficicmcy Marjl~ri¢ M. Student Assistant County Attorney BY: PAMELA S. MAC'KIE, CHAIRWOMAN ORDINANCEJPUD-8$-06(2) AGENDA ITE~ FOREST GLEN OF NAPLES A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING FOREST GLEN OF NAPLES A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: Ronto Golf Estates, Inc. 3185 Horseshoe Drive S. Naples, FL 34104 PREPARED BY: PMS, INC. OF NAPLES 2335 TAMIAMI TRAIL NORTH SUITE 408 NAPLES, FL. 34103 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL INDEX PAGE List of Exhibits and Tables ii SECTION I SECTION li SECTION m SECTION IV SECTION V Statement of Compliance Property Ownership, Legal Description and Short Title Project Development Residential Development Areas Golf Course / Open Space Preserve District ooo 111 1.1 2.1 3.1 4.1 5.1 SECTION VI Commercial District 6.1 SECTION VII General Development Commitments 7.1 1999 EXHIBIT "A" TABLE I TABLE II LIST OF EXHIBITS AND TABLES Planned Unit Development Master Plan Land Use Summary Development Standards ii STATEMENT OF COMPLIANCE The development of approximately 635 acres of property in Collier County as a Planned Unit Development to be known as Forest Glen of Naples PUD will be in compliance with the goals, objectives, and policies of Collier County as set forth in the Collier County Growth Management Plan. Forest Glen of Naples is a mixed commercial residential golf course community with associated recreational uses and will be consistent with the applicable elements of the Collier Growth Management Plan for the following reasons: The property includes the entire southeast quadrant of the C.R. 951 and Davis Boulevard (S.R. 84) Interchange Activity Center, which accommodates the planned ten (10) acres of commercial land uses. The remaining six hundred and twenty-five (625) acres of project area within Section 2, Township 50 South, Range 26 East, lies within the Urban Residential Fringe Subdistrict, which makes these lands eligible for a 1.5 unit per acre density, or 938 units. This residential development density eligibility is substantially greater than the planned 790 799 units or ~ 1.26 units per acre. The ten (10) acres of project area which lie within the Interchange Activity Center are planned for mixed commercial, retail, transient lodging and professional offices, as indicated to be appropriate by the Future Land Use Element. The subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as described in Objective 2 of the Future I.atnd Use Element. e The project development is compatible and complementary to existing and future surrounding la,nd uses as required in Policy 5.4 of the Future Land Use Element. Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code as set forth in Objective 3 of the Future Land Use Element. The project development will result in an efficient and economical allocation of community facilities and services as required in Policies 3.1.H and 3.1.L of the Future Land Use Element. The project development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. All final local development orders for this project are subject to Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code. 111 1.1 1.2 1.3 1.4 1.5 SECTION I PROPERTY OWNERSHIP & GENERAL DESCRIPTION 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 FOREST GLEN OF NAPLES. LEGAL DESCRIPTION All of Section 2, Township 50 South, Range 26 East, less the property previously condemned or conveyed for right-of-way located in Collier County, Florida consisting of approximately 635 acres. PROPERTY OWNERSHIP The subject property is owned by" .... " ....... ., ~ .... :__ · ....: .... · :_:,A., · ...................... e:, .........TIc~¢¢, ......... Pm-:n¢~h;p, I g35 '~-: ..... :"' '"'~ ~":'- ~ ~' ........ :"~ MD ~o~ Ronto Golf Estates, Inc., 3185 S. Horsesh~ Drive, Naples, ~ofida 34104. GENERAL DESCRIPTION OF PROPERTY AREA AG The project site is bordered on the west by C.R. 951, on the north by S.R. 84, on the east by Toll Plaza RV Resort PUD and on the south by undeveloped agricultural land. The zoning classification of the project prior to approval of this PUD document was "Planned Unit Development". PHYSICAL DESCRIPTION AG The project lies within South Florida Water Management District No. 6. Drainage from the property will discharge into Henderson Creek via the C.R. 951 Canal. Bo Water Management for the project will be designed and constructed in order to introduce project stormwater runoff to wetland areas in an attempt to help restore historic water retention and preserve areas. Elevations within the project site range from 8.8 to 11.0 feet above mean Sea level. Most of the area, however, falls within the 9.7 to 10.9 feet of elevation category. The entirety of the site lies within Flood Zone "X" according to Firm Map #120067 0425 D dated June 3, 1986. Do Soil types within the project include Keri fine sand (approximately 50%), Cypress Swamp (approximately 48%) and Charlotte fine sand (approximately 2%). Soil characteristics were derived from the Soil Survey of Collier County, Florida, issued by the U.S. Dep_~ t__ment nf AGENDA ITEM Agriculture (Soil Conservation Service) in March 1954. 1.1 OC'r I 2 1999 Pg 1.6 PROJECT DESCRIPTION 1.7 The Forest Glen of Naples PUD is a mixed use commercial, residential and golf course community wit a maximum of 790 799 dwelling units and 10 acres of commercial. Recreational facilities including a golf course and clubhouse will be provided in conjunction with the dwelling units. Commercial, Residential and Recreational land uses are designed to be harmonious with one another in a natural setting by using common architectural themes, appropriate screening and buffering and open space. SHORT TITLE This Ordinance shall be known and cited as the "FOREST GLEN OF NAPLES PLANNED UNIT DEVELOPMENT ORDINANCE". 1.2 SECTION II PROJECT DEVELOPMENT 2.1 2.2 PURPOSE The purpose of this Section is to 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. GENERAL Ao Development of Forest Glen of Naples shall be in accordance with the contents of the Planned Unit Development document and applicable sections of the Collier County Land Development Code and Growth Management Plan in effect at the time of issuance of any development order, such as but not limited to Final Subdivision Plat, Final Site Development Plan, Excavation Permit, and Preliminary Work Authorization, to which such regulations relate. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the County Land Development Code shall apply. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application. All conditions imposed and all graphic material presented depicting restrictions for the development of the Forest Glen of Naples PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. Unless modified, waived or excepted by this PUD, the provisions of the LDC, where applicable, remain in full force and effect with respect to the development of the land which comprises this PUD. Development permitted by the approval of this petition will be subject to concun'ency review under the provisions of Division 3.15, Adequate Public Facilities, of the LDC at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. 2.1 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES Ao The project Master Plan, including layout of streets and use of land for the various tracts, is iljustrated by Exhibit "A", the PUD Master Plan. The nature and extent of land uses within the project are indicated on Table I. The specific location and size of individual tracts and the assignment of dwelling units thereto shall be determined at the time of detailed site development planning or platting. Bo The final size of the recreation and open space lands will depend on the actual requirements for water management, golf course layout, roadway pattern, and dwelling unit size and configuration. FOREST GLEN OF NAPLES LAND USE SUMMARY TABLE I MAXIMUM LAND USE INTENSITY SUMMARY USE Commercial "C" Residential "R" Golf Course: Open Space N/A (Lakes, I. zndscape Buffers, Preserve & Recreational areas) MAX. D.U.'s / Square Footage 100,000 '"~ 799 ACRES 170 + 70+ 385 4- Total 635 acres 2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS Prior to the recording of a Record Plat, and/or Condominium Plat for all or part of the PUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the PUD Master Plan, the Collier County Subdivision Code, and the platting laws of the State of Florida. Bo Development Code, and the platting laws of the State of Florida. 2.2 Exhibit "A", the PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a Preliminary Subdivision Plat, if applicable, shall be submitted for the entire area covered by the PUD Master Plan. Any division of property and ti, development of the land shall be in compliance with Division 3.2 of the Collie~"~'~., OCT 12 1999 2.5 2.7 The provisions of Division 3.3 of the Collier County and Development Code, when applicable, shall apply to the development of all platted tracts or parcels of land as provide in said Division prior to the issuance of a building permit or other development order. The development of any tract or parcel approved for residential development contemplating fee simple ownership of land for each dwelling unit shall be required to submit and receive approval of a Preliminary Subdivision Plat in conformance with requirements of Division 3.2 of the Collier County Land Development Code prior to the submittal of construction plans and a final plat for any portion of the tract or parcel. Utility, road, public, private, easements shall be established as required during the SDP and/or plat approval process. Fo Appropriate instruments will be provided at the time of infrastructure improvements regarding dedications and the method for providing perpetual maintenance of common facilities. MODEL HOMES / SALES OFFICES Model homes, sales centers and other uses and structures related to the promotion and sale of real estate such as, but not limited to, pavilions, viewing platforms, gazebos, parking areas, tents, and signs, shall be permitted principal uses throughout Forest Glen of Naples PUD subject to the requirements of Section 2.6.33.4 of the Collier County Land Development Code. AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in the Collier County Land Development Co'de, Section 2.7.3.5. ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCE Common area maintenance will be provided by the Master Property Owners' Association. The Association is a legitimate alternative for the timely and sustained provision of quality common area infrastructure and maintenance under the terms and conditions of a County developments approval. For those areas not maintained by the Master Association, the Developer has created Property Owners' association(s), or condominium association(s), whose functions shall include provision for the perpetual maintenance of common facilities and open spaces. The Master or the Property Owners' association, as applicable, shall be responsible for the operation, maintenance, and management of the surface water and stormwater management systems, and reserves serving Forest Glen of Naples PUD, together with any applicable permits from Florida Department of Environmental Protection, U.S. Army Corps of Engineers, and South Florida Water Management District. 2.3 2.8 DESIGN GUIDELINES AND STANDARDS The Collier County Planned Unit Development District is intended to encourage ingenflity, innovatior and imagination in the planning, design and development or redevelopment of relatively large tracts of land under unified ownership or control, as set forth in the Collier County Land Development Code, Section 2.2.20.2.3. 2.9 The applicant has not set "stages" for the development of the property. Since the property is to be developed over an estimated ten (10) year time period, any projection of project development can be no more that an estimate based on current marketing knowledge. The estimate may, of course, change depending upon future economic factors. GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Forest Glen of Naples Community PUD except in the Preserve District. General permitted uses are those uses which generally serve the Developer and residents of Forest Glen of Naples PUD and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: Essential services as set forth under the Collier County Land Development Code, Section 2.6.9.1. 3. 4. 5. 6. 7. Water management facilities and related structures. Temporary sewage treatment facilities. Lakes including lakes with bulkheads or other architectural or structural bank treatments. Guardhouses, gatehouses, and access control structures. Community and neighborhood parks, recreational facilities, community centers. Temporary construction, sales, and administrative offices for the Developer and the Developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses. Landscape features including, but not limited to, landscape buffers, berms, fences and walls shall be in accordance with the Collier County Land Development Code in effect at the time permits are requested unless otherwise specified herein. Any other use which is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compatible. 2.4 OCT 1 2 1999 2.10 2.11 2.12 B. Development Standards: Unless otherwise set forth in this document, the following development standards shall apply to structures: 1. Setback from back of curb or edge of pavement of any road - Fifteen feet (15') except for guardhouses, gatehouses, and access control structures which shall have no required setback. 2. Setback from exterior property lines - One half (1/2) the height of the structure, minimum of twenty feet (20'). 3. Minimum distance between structures which are part of an architecturally unified grouping - Five feet (5'). 4. Minimum distance between unrelated structures - Ten feet (10'). 5. Minimum floor area - None required. 6. Minimum lot or parcel area - None required. 7: Sidewalks, bikepaths, and cartpaths may be placed within County required buffers; however the width of the required buffer shall be increased proportionately to the width of the paved surface of the sidewalk, bikepath, or cartpath. 8. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein, are to be in accordance with the Collier County Land Development Code in effect at the time of Site Development Plan Approval. OPEN SPACES REQUIREMENTS The PUD Master Plan identifies approximately 375 acres included in the Recreation, Golf Course, Landscape/Open Space, Lakes and Preserve District designations. These areas fully satisfy the open space requirements of Section 2.6.32 of the Collier County Land Development Code. NATIVE VEGETATION RETENTION REQUIREMENTS Twenty Five Percent (25%) of the viable naturally functioning native vegetation on site shall be preserved. LANDSCAPING REQUIREMENTS A. A perimeter berm shall be in conformance with Section 2.4.4 of the Land Development Code. 1. Trees and shrubs shall be planted along the base of the berm so as to visually soften the appearance of the side of the berm. [ ~,G~ND,~ IT~ 2.5 Ground cover on the side of be berm shall form a dense attractive mat, and shall not require mowing. 3. Trees shall be a minimum of 75% native species. 4. Shrubs shall be a minimum of 35% native species. 2.6 1999 3.1 3.2 3.3 3.4 SECTION III RESIDEN~I,AL "R" DEVELOPMENT AREAS PURPOSE The purpose of this section is to establish land use regulations and development.standards for the residential development tracts designated on Exhibit "A", the PUD Master Plan as "R". MAXIMUM DWELLING UNITS The maximum number of dwelling units permitted within the PUD is 7990 799. The subject property contains a gross acreage of 635 acres and base density of ~ 1.26 dwelling units per gross acre. GENERAL DESCRIPTION Areas designated as "R" on the PUD Master Plan are designed to accommodate a full range of residential dwelling unit types, compatible nonresidential uses, a full range of recreational facilities, essential services, and customary accessory uses. The approximate acreage of the "R" district is indicated on the PUD Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreage of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Division 3.3 and Division 3.2, respectively, of the Collier County Land Development Code. Residential tracts are designed to accommodate internal roadways, open spaces, parks and amenity areas, lakes and water management facilities, and other similar uses found in residential areas. USES PERMITTED A. Principal Uses 1. Single-family detached dwelling units. 2. Single-family patio and zero lot line dwellings. 3. Single-family attached and townhouse dwellings. 4. Two-family and duplex dwellings. 5. Multiple-family dwellings. Any other principal use which is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compatible in the "R" District. Fire Station Front yard - minimum 20' 3.1 OCT 1 2 1999 3.5 Side yard - minimum 5' Front yard - minimum 20' Accessory_ Uses 1. Uses and structures customarily associated with principal uses permitted. 2. Guest houses, pursuant to Section 2.6.14 of the Collier County Land Development Code. 3. Common area recreational and utilitarian facilities. Any other accessory use which is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compatible in the "R" District. DEVELOPMENT STANDARDS A. Table II sets forth the development standards for land uses within the "R" Residential District. B. Site development standards for categories 1-5 apply to platted parcel boundaries. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within the Forest Glen of Naples PUD, are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan Approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. Development standards for uses not specifically set forth in Table II shall be established during the Site Development Plan Approval as set forth in Division 3.3 of the Land Development Code in accordance with those standards of the zoning district which is most similar to the proposed use. Off street parking required for multi-family uses shall be accessed by parking aisles or driveways which are separate from any roads which serve more than one development. A green space area of not less than ten feet (10') in width as measured from pavement edge to pavement edge shall separate any parking aisle or driveway from any abutting road. Single-family patio and zero lot line dwellings are identified separately from single-family detached dwellings with conventional side yard requirements to distinguish these types of residences for the purpose of applying the development standards under Table II. Patio and zero lot line dwellings shall be defined as any type of detached single family structure employing a zero or reduced side yard as set forth herein. Housing structure types including lot orientation for single-family detached housing such as zero lot line versus non-zero lot line orientations may not be mixed. AC~I~b, ITE. M OCT 121999 TABLE II FOREST GLEN OF NAPLES COMMUNITY DEVELOPMENT STANDARDS FOR "R" RESIDENTIAL AREAS SINGLE PATIO & TWO FAMILY SINGLE FAMII.y MULTI- PERMITTED USES FAMILy ZERO LOT AND DUPLEX ATTACHED AND FAMII.y AND STANDARDS DETACHED LINE TOWNHOUSE DWELLINGS Category 1 2 3 4 5 Minimum Lot Area 6,500 SF 5,000 SF 3,500 SF 5,000 SF 1 Ac Minimum Lot Width *5 50' 40' 35'*4 40' 100' Minimum Lot Depth 100' 100' 100' 100' 100' Front Yard 20' .3 20' '3 20' .3 20' .3 20'*3 Side Yard 5 0 or 5' *6 0 or 5' 0 or 5 15' Rear Yard 15' 15' 15' 15' 15' Rear Yard *1 5' 5' 5' 5' 5' Rear Yard Accessory 10' 10' 10' 10' 15' Maximum Building 35 feet 35 feet 35 feet 35 feet 50 feet .7 Height *2 Distance Between Principal Structures and 10' 0 or 10' 0 or 10' 0 or 10' 20' Accessory Structures Floor Area Min. (S.F.) 1000 SF 1000 SF 1000 SF 850 SF 750 SF All distances are in feet unless otherwise noted. *1 - Rear yards for principal and accessory structures on lots and tracts which abut golf course, lake, open space, or preserve areas. Setback from lake for all principal and accessory uses may be 0' providing architectural bank treatment is incorporated into design and subject to written approval from Project Plan Review. Front yards shall be measured as follows: A. If the parcel is served by a public right-of, way, setback is measured from the adjacent right-of-way line. B. If the parcel is served by a private road, setback is measured from the back of curb (if curbed) or edge of pavement (if not curbed). *2 - Building height shall be the vertical distance measured from the first habitable finished floor elevation to the uppermost finished ceiling elevation of the structure. *3 - Single-family & Multi-family dwelling units which provide for 2 parking spaces within an enclosed garage per unit and provide for guest parking other than in private driveways may reduce the front yard requirement to 15' for the garage. *4 - Each half of a duplex unit requires a lot area allocation of 3,500 SF for a total minimum lot area of 7,000 S.F. *5 - Minimum lot width may be reduced by 20% for cul.de-sac lots provided the minimum lot area requirement is maintained. *6 - Zero feet (0') or a minimum of five feet (5') on either side except that where the zero feet (0') yard option is utilized, the opposite side of the structure ~ hall have a ten foot (10') yard. Zero feet (0') yards may be ~ on both ~ides ora stracture provided that the opposite ten foot (10') yard is provided, except at wherever a zero (0) sideyard is established an overall plan of all the lots in the plat showing building envelopes for all of the 15~ ,ne Customer Services Department to ensure that a spacing of ten feet (10') between structures is maintained. ~ AGENDA I ~.M '7- Building setbacks for structures over 35 feet in height shall be 100 feet from any perimeter boundary. 3.3 i OCT 121999 SECTION IV GOLF COURSE, OPEN SPACE 4.1 4.2 PURPOSE The purpose of this Section is to set forth the uses permitted and development standards for the Golf Course Open Space tracts. The primary function and purpose of these tracts will be to provide aesthetically pleasing open areas, golf course and recreational facilities. Except in areas authorized for development, all good quality native trees and shrubs shall be protected and preserved wherever practicable. PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1. Golf courses and golf club facilities, including temporary golf clubhouses. 2. Tennis clubs, health spas, equestrian clubs, and other recreational clubs. Project information and sales centers. e Community and golf course maintenance areas, maintenance buildings, essential services, irrigation water and effluent storage tanks and ponds, water and wastewater treatment plants, utility pumping facilties and pump buildings, utility and maintenance staff offices. 5. Public administrative facilities. Open space uses and structures such as, but not limited to, boardwalks, nature trails, bikeways, landscape nurseries, gazebos, boat and canoe docks, fishing piers, picnic areas, fitness trails and shelters. Any other principal use which is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compatible. 4.1 AC-iEN~ ~ ITEM OCT 1 2 1999 4.3 B. Permitted Accessory Uses and Structures Accessory uses and structures customarily associated with the principal uses permitted in this district. e Pro-shops, practice areas and ranges, golf cart barns, rest rooms, shelters, snack bars and golf course maintenance yards. Retail establishments accessory to the permitted uses of the district such as, but not limited to, golf, tennis, and recreational related sales. Restaurants, cocktail lounges, and similar uses intended to serve club members and club guests. Shuffleboard courts, tennis courts, swimming pools, and all other types of accessory facilities intended for outdoor recreation. Any other accessory use which is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compatible. DEVELOPMENT REGULATIONS Ao Principal structures shall be set back a minimum of twenty feet (20') from Golf Course / Open Space District boundaries and private roads, and twenty-five feet (25') from all PUD boundaries and residential tracts. Bo Accessory structures shall be set back a minimum of ten feet (10') from Golf Course / Open Space District boundaries and private roads, and twenty feet (20') from all PUD boundaries and residential tracts. Lighting facilities shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. D. Maximum height of structures 1. Principal Structures = 2 stories or Thirty feet (30'). 2. Accessory Structures = 1 story or Fifteen feet (15'). E. Minimum distance between principal structures - Ten feet (10'). F. Minimum floor area - None required. Minimum lot or parcel area - None required. 4.2 AGENDA ITEM OCT 1 2 1999 Parking for the community center/clubhouse shall be three spaces per every one thousand (1,000) square feet of gross floor area, which shall be considered inclusive of the required golf course parking. Standards for parking, landscape, signs and other land uses where such standards are not specified herein, are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan Approval. Unless othenvise indicated, required yards, heights, and floor area standards apply to principal structures. 4.3 AGENDA ITEM OCT I 2 1999 SECTION V PRESERVE DISTRICT 5.1 5.2 5.3 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within Forest Glen of Naples Community designated on the Master Plan as Preserve District. GENERAL DESCRIPTION Areas designated as Preserve on the Master Plan are designed to accommodate a full range of conservation and limited water management uses and functions. The primary purpose of the Preserve District is to retain viable naturally functioning wetland and upland systems, to allow for restoration and enhancement of impacted or degraded wetland systems, and to provide an open space amenity for the enjoyment of Forest Glen of Naples Community residents. USES PERMITTED No building or structure or part thereof, shall be erected altered or used, or land used, in whole or in part, for other than the following, subject to Regional, State and Federal permits when required; A. Principal Uses 3. 4. 5. 6. 7. 8. Parks, passive recreational areas, boardwalks. Biking, hiking, and nature trails. Golf cart and Equestrian paths. Wildlife sanctuary. Pathways and or bridges, subject to appropriate approvals by permitting agencies. Recreational shelters and restrooms, in Preserve upland areas. Drainage, water management, and utilitarian facilities, subject to all needed permits. Any other accessory use which is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compatible. 5.1 A~A ~TEI~ Cr"r c, 1 2 1999 5.4 DEVELOPMENT STANDARDS Ao Setback requirements for all structures shall be in accordance with Section 3.2.8.4.7.3, of the Collier County Land Development Code. Rear yards for principal and accessory structures on lots and tracts which abut a golf course, lake, non-jurisdictional open space or native vegetation preservation areas may be zero feet (0') except that an architectural bank treatment shall be incorporated in to design. Bo Lighting facilities shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. C. Maximum height of structures - Twenty five feet (25'). D. Minimum distance between principal structures - Ten feet (10'). E. Minimum distance between accessory structures - Five feet (5'). F. Minimum floor area - None required. G. Minimum lot or parcel area - None required. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within adopted Forest Glen of Naples Community Design Guidelines and Standards, are to be in accordance with Collier County Land Development Code in effect at th time of Site Development Plan Approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. 5.5 PRESERVE DISTRICT CONSERVATION EASEMENT A non-exclusive conservation easement or tract is required by Collier County Land Development Code Section 3.2.8.4.7.3 for lands included in the Preserve District. In addition to Collier County, a non-exclusive conservation easement may also be required by other regulatory agencies with jurisdiction over Preserve District lands. In addition to complying with provisions of the Collier County Land Development Code, said easement shall be provided in accordance with the terms set forth in any applicable permit granted by other agencies. The developer, its successor(s) or assigns, the Master Property Owners' Association shall be responsible for control and maintenance of lands within the Preserve District. 5.2 AGENDA OCT 1 2 1999 SECTION VI COMMERCIAL DISTRICT 6.1 6.2 PURPOSE The purpose in this Section is to identify the commercial uses and development standards applicable to tracts designated on Exhibit "A" as Commercial. USES PERMITTED The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section, are permitted as of right, or as uses accessory to permitted uses. Unless otherwise provided for in this Section, all permitted uses of the C-2 Commercial Convenience District, Section 2.2.13 of the Collier County Land Development Code. 2. Apparel and Accessory Stores (groups 5611-5699). 3. Auto and Home Supply Stores (5531). Business Services (groups 7311, 7313, 7322-7338, 7361-7379, 7384, 7389 except auctiopeering service, field warehousing, bottle labeling, packaging and labeling, salvaging of damaged merchandise, scrap steel cutting and slitting). Eating Places (5812 only). All establishments engaged in the retail sale of alcoholic beverages for on-premise consumption are subject to locational requirements of Sec. 2.6.10). 6. Depository Institutions (groups 6011-6099). Drinking Places (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 Sec. 2.6.10). 8. Food Stores (groups 5411-5499 except no roadside sales). Depository Institutions [groups 6021 - 6062 (Commercial Banks, Savings Institutions, and Credit Unions)]. 10. Gasoline Service Stations (group 5541), as described in Section 2.6.28 of the Collier County Land Development Code. 11. General Merchandise Stores (groups 5311-5399). 6.1 OCT 1 2 1999 6.3 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. Group Housing, excluding Family Care Facilities, subject to Sec. 2.6.26 of the Collier County Land Development Code. Home Furniture, Furnishing, and Equipment Stores (groups 5712-5736). Health Services (groups 8011- 8049, 8082). Hotels and Motels (group 7011). Insurance Agents, Brokers, and Services (group 6411). Legal Services (group 8111). Membership Organizations (groups 8611-8699). Miscellaneous Repair Services (groups 7629-7631). Miscellaneous Retail (groups 5912-5932 except pawnshops and all uses dealing with secondhand merchandise, 5941-5999). Motion Picture Theaters, except drive-in (7832). Paint, Glass, and Wallpaper Stores (5231). Personal Services (group 7212 Dry cleaning and laundry pickup stations only, 7215, 721,7, 721 :. 7261 except crematories, 7291). Professional Offices, Medical Offices, and Management Consulting Services (group 8711 - 8748). Public Administration (groups 9111-9199, 9229, 9311,9411-9451,9511-9532, 9611-9661). Real Estate Agents and Managers (group 6531). Travel Agencies (group 4724). United States Postal Service (4311 except major distribution centers) Veterinary Services (groups 0742, excluding outside kenneling). Video Tape Rental (7841). Any other general commercial use which is comparable in nature with the foregoing uses. PERMITTED ACCESSORY USES IN STRUCTURES A. Accessory uses and structures customarily associated with the uses permitted ir 6.2 A~IDA ITF no. this DistriCt. OCT 1 2 1999 B. Essential services and facilities. 6.4 DEVELOPMENT STANDARDS Principal structures shall be set back a minimum of fifty feet (50') from Golf Course \ Open Space, Residential PUD boundaries, private and public roads. Accessory structures shall set back a minimum of ten feet (10') from Golf Course \ Open Space boundaries and private roads, and twenty feet (20') from all PUD boundaries and residential tracts and public roads. Lighting facilities shall be arranged in a manner which will protect roadways and residential properties from direct glare and unreasonable interference. D. Maximum height of structures - Fifty feet (50'). Eo Minimum distance between principal or accessory structures which are a part of an architecturally unified grouping -Ten feet (10'). Minimum distance between all other principal structures - None, or a minimum of ten feet (10') with unobstructed passage from front to rear yard. G. Minimum distance between all other accessory structures - Ten feet (10'). H. Minimum floor area - None required. I. Minimum lot or parcel area - None, required. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with the Collier County Land Development Code in effect at the time of Site Development Plan approval. Unless otherwise indicated required yards, heights, and floor area standards apply to principal structures. All buildings, lighting, signage, landscaping and visible architecture infrastructure shall be architecturally and aesthetically unified, and shall comply with the Architectural and Site Design Guidelines and Standards of the Land Development Code. Said unified architectural theme shall include: a similar architectural design and use of similar materials and colors throughout all of the buildings, signs, and walls to be erected on the site. Landscaping and' streetscape materials shall also be similar in design throughout the site. All buildings shall be primarily finished in light colors except for decorative trim. All roofs must be tile or metal and shall be lines on flat roofs, where tile or metal roofs are not feasible. A conceptual design master plan shall be submitted concurrent with the fu'st application for Site Development Plan approval demonstrating compliance with these standards. 6.3 AGENDA ITF.,M OCT I 2 1999 SECTION VII GENERAL DEVE'~OPMENT COMMITMENTS 7.1 7.2 7.3 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. GENERAL All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plats, and all applicable State and local laws, codes, and regulation applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of the Land Development Code, Division 3.2 shall apply to this project even if the land within the PUD is not to be platted. The developer, his successor and assigns, shall be responsible for the commitments outlined in this document. The Developer, his successor or assignee, shall agree to follow the Master Plan and the regulations of the PUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor or assignee in title, is bound by the commitments within this agreement. PUD MASTER PLAN Ao 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 specific and may be adjusted during the platting or site development plan approval process. Subject to the provisions of Section 2.7.3.5 of the Land Development Code, PUD amendments may be made from time to time. Bo All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. The following shall be considered minor changes and refinements, subject to the limitations of PUD Section 7.3A: Reconfiguration of preserve areas, jurisdictional wetland limits, a~d mitigation features as a result of regulatory agency review. 7.1 OCT I 2 1999 7.4 7.5 7.6 Reconfiguration of lakes, ponds, canals, or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County and whe, e there is no further encroachment into preserve areas. 3. Reconfiguration of golf course envelopes and design features. 4. Internal realignment of rights-of-way other than a relocation of access points to the PUD. 5. Reconfiguration of residential parcels when there is no encroachment into preserve areas. SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION Initiation of construction on the Forest Glen of Naples project is contemplated in calendar year 1998 with completion of the golf course and project infrastructure anticipated to occur in calendar year 1998/1999. Marketing of commercial and residential sites and golf course memberships begin in calendar year 1998, and is expected to be concluded in calendar year 2008. Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. POLLING PLACES Pursuant to Section 2.6.30 of the Land Development Code, provision shall be made for the future use of space within a common building for the purpose of accommodating the function of an electoral polling place. An agreement shall be recorded in the official records of the Clerk of the Circuit Court of Collier County, which shall be binding upon any and all successors in interest that acquire ownership of such common areas including, but not limited to, condominium association, homeowners associations, or community recreation / public buildings / public rooms or similar common facilities to be used for a polling place if determined to be necessary by the Supervisor of Elections. SUBDIVISION REQUIREMENTS AND STANDARD DESIGN SUBSTITUTIONS Sidewalks / bike paths shall conform with Subsection 3.2.8.3.17 of the LDC. Private streets shall conform with the right-of-way width requirements of Subsection 3.2.8.4.16.5 of the LDC except as follows: Cul-de-sacs and local streets less than one thousand feet (1,000') in length are required to have a minimum forty foot (40') right-of-way width and two ten foot (10') wide travel lanes as required by Subsection 3.2.8.4.16.5. All other cul-de-sacs are r,,e~l, uired to have a minimum of forty feet (40'~ width and two ten foot (10 ) wide travel lanes as required by Subsecti~l 3'~2.g.~-~~ 7.2 I OCT 121999 e All other local streets are required to have a minimum forty feet (40') right-of-way and two ten foot (10') wide travel lanes as required by Subsection 3.2.8.4.16.5. Cul-de-sacs may exceed a length of one thousand feet (1000') per Subsection 3.2.8.4.16.~ of the Land Development Code. Tangents between reverse curves shall not be required under Subsection 3.2.8.4.16.10. Street grades may exceed four percent (4%) under Subsection 3.2.8.4.16.14 provided that applicable Florida Department of Transportation, Manual of Uniform Minimum Standards (FDOT MUMS) and AASHTO criteria are met. LDC Subsection 3.2.8.3.19: The standard that street name markers shall be approved by the Development Services Director and conformance with U.S.D.O.T.F.H.W.A.M.U.T.C.D. is waived. Street pavement painting, striping and reflective edging of main road system will be waived. Traffic circulation signage shall be in conformance with U.S.D.O.T.F.H.W.A.M.U.T.C.D. standards. LDC Subsection 3.2.8.4.16.8: The minimum back of curb radii for internal roads shall be 30 ft. with the exception of both entrance road intersections which shall be 40 ft. 7.7 TRANSPORTATION The development of this PUD Master Plan shall be subject to and governed by the following conditions: The Developer shall provide, consistent with Ordinance 82-91, left and right turn lanes on C.R. 951 and S.R. 84 at all project entrances to residential areas prior to the issuance of any certificate of occupancy. The Developer shall provide turn lanes and a median opening at approximately one-half mile south of the intersection of C.R. 951 and S.R. 84 prior to the issuance of any certificate of occupancy. Access to the commercial parcel via old S.R. 84 shall incorporate turn lanes for both eastbound and westbound movements along with collector road improvements to S.R. 84 between the access point and C.R. 951. The collector road improvements which may be necessary include road widening and application of asphalt friction surface. The Developer shall bear the cost of needed C.R. 951 intersection modifications on a fair share basis. All such improvements to old S.R. 84 shall be on a fair share basis with the Developer of the Toll Gate Commercial PUD. The Developer shall provide a fair share contribution toward the capital costs of any traffic signals necessary at project accesses when deemed wananted by the County Engineer. The signals shall be owned, operated, and maintained by Collier County. The Developer shall provide arterial level street lighting at all project accesses prior to the issuance of any certificate of occupancy for a building accessed from a project entrance. 7.3 AGENDA IT~.~¢ OCT 1 2 1999 7.8 Since future six laning is projected for C.R. 951, and since such road improvements may require relocation of the existing canal to the east, an additional drainage easement may be necessary to be dedicated to the County along C.R. 951 with a maximum width of up to 50 feet (50') based on actual or conceptual road plans. The dedication of easement to the County will be of no additional cost to the County. Use of the drainage easement can be shared for both on-site water management and future road drainage when deemed necessary by Collier County. UTILITIES The development of this PUD Master Plan shall be subject to and governed by the following conditions: Water distribution, sewage collection and transmission lines to serve the project are to be designed, constructed, conveyed, and/or owned and maintained in accordance with Collier County Ordinance No. 97-17, as amended, and other applicable County roles and regulations. Bo 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. The on-site water distribution system serving the project must be connected to the District's water main and must be consistent with the main sizing requirements specified in the County's Water Master Plan and extended throughout the project. During design of these facilities, the following features shall be incorporated into the distribution system: 1. Dead-end mains shall include dead-end flushing hydrants. Stubs for future system interconnection with adjacent properties shall be provided to the property lines of the project at locations to be mutually agreed to by the County and the Developer during the design phase of the project. A water distribution system shall be constructed throughout the project development by the developer pursuant to all current requirements of Collier County and the State of Florida. Water facilities constructed within platted rights-of-way or within utility easements as set forth in Collier County Ordinance 97-17, shall be conveyed to the County Water/Sewer District for ownership, operation and maintenance. All water facilities constructed on private property and not required by the County to be located within utility easements shall be owned, operated and maintained by the developer, his assigns or successors. All construction plans and technical specifications and proposed plats, if applicable, for the proposed water system must be reviewed and approved prior to commencement of construction. The developer shall, at his cost, extend the 12" force main which presently terminates at Naples Heritage to a point just South of SR 84. Said main shall be capped. 7.4 AGE. ND~ ITEM OCT 1 2 !999 A sewer distribution system shall be constructed throughout the project development by the developer pursuant to all current requirements of Collier County and the State of Florida. Sew,--- facilities constructed within platted rights-of-way or within utility easements as set forth i~ Collier County Ordinance 97-17, shall be conveyed to the County Water/Sewer District for ownership, operation and maintenance. All sewer facilities constructed on private property and not required by the County to be located within utility easements shall be owned, operated and maintained by the developer, his assigns or successors. All construction plans and technical specifications and proposed plats, if applicable, for the proposed sewer system must be reviewed and approved prior to commencement of construction. 7.9 ENVIRONMENTAL The development of this PUD Master Plan shall be subject to and governed by the following conditions: Ae 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 shall not be the sole means of mitigation for impacts to Collier County jurisdictional wetlands. Bo All conservation areas shall be designated as conservation/preservation tracts or easements on al! construction plans and shall be recorded on the plat with protective covenants per or similar tc Section 704.06 of the Florida Statutes. Buffers and setbacks shall be in accordance with 3.2.8.4.7.3 of the Collier County Land Development Code. Ce Buffers around preserved jurisdictional wetlands shall be in accordance with the State of Florida Environmental Resource Permit Rules. Preserved jurisdictional wetlands and surrounding buffers shall be incorporated in Conservation Areas which shall be platted. De An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservations areas, shall be submitted to Current Planning Environmental Review Staff for review and approval prior to final site plan/construction plan approval. Petitioner shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USFWS) and Florida Game and Fresh Water Fish Commission (FGFWFC) regarding potential impacts to protected wildlife 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. 7.5 AGENDA ITEM OCT 1 2 1999 7.10 ENGINEERING Detailed paving, grading, site drainage and utility plans shall be submitted to the Planning Services Director 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 the Planning Services Director. Design and construction of all improvements shall be subject to compliance with all applicable provisions of the Collier County Land Development Code, including those set forth in Division Three (3). The developer, and all successors in interest to the developer, are hereby' placed on notice that they shall be required to satisfy the requirements of all County development ordinances or codes in effect prior to or concurrent with any subsequent development order relating to this site, including Site Development Plans and any other application that will result in the issuance of a final or local development order. 7.11 7.12 7.13 WATER MANAGEMENT Ao Detailed paving, grading and site drainage plans shall be submitted to the Development Services Director 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 Planning Services Director. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Land Development Code. Landscaping shall not be placed within the water management areas unless specifically permitted by the Collier County Land Development Code. Do An excavation permit shall be required for the proposed lake in accordance with Division 3.5 of the Land Development Code and South Florida Water Management District Rules. PLANNING 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, ail development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. ACCESSORY STRUCTURES Accessory structures shall be constructed simultaneously with or following the const principal structure except that temporary sales buildings, trailers, marketing facilities 7.6 oont~c~ra~X~-~ OCT 1 2 1999 7.14 storage and office facilities and the like, may be erected and utilized during the period of project development and marketing. Such temporary buildings shall be removed upon completion of the marketing or construction activity which they are accessory to. SIGNS 1. General Ao All county sign regulations shall apply unless such regulations are in conflict with the conditions set forth in this section. For the purpose of this PUD DocumenffOrdinance, each platted parcel shall be considered a separate parcel of land and shall be entitled to any sign as permitted herein. Should any of the signs be requested to be placed within the public right-of-way, a right-of-way permit must be applied for and approved. D. All signs shall be located so as not to cause sight distance problems. o Entrance ~;igns Ae Two (2) signs with a maximum area of 40 square feet each or one (1) sign with a maximum area of 100 square feet shall be permitted at each entrance of the developmer Bo Entrance signs shall not exceed a height of fifteen (15) feet above the finished ground level of the sign site. Entrance signs may be lighted provided all lights are shielded in a manner which prevents direct glare into the vision of drivers using the adjacent streets or going into adjacent residences. Project Signs Project signs, designed to promote Forest Glen of Naples project, or any major use within the project shall be permitted along the east side of CR 951, the south side of SR 84 and on all land tracts within Forest Glen of Naples limits subject to the following conditions: 1) Project signs shall not exceed a height of twenty (20) feet above the finished ground level of the sign site nor may the overall area of the sign face exceed one hundred (100) square feet. 2) A maximum of four (4) project signs shall be permitted. Two (2) signs shall be located along SR 84 frontage and two (2) shall be located along CR 951 frontage. The location of such signs shall generally be limited to a one-half mile spacing requirement unless existing vegetation requires a somewhat cl >set 7.7 OCT I 2 1999 7.15 7.16 3) Project signs may be lighted provided all lights are shielded in a manner which prevents direct glare into the vision of drivers using the adjacent streets or going into adjacent residences. LANDSCAPING FOR OFF-STREET PARKING AREAS All landscaping for off-street parking areas shall be in accordance with the Division 2.4 of the Collier County Land Development Code in effect at the time of building permit application. PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL The excavation of earthen material and its stockpiling in preparation of water management facilities or other water bodies is hereby permitted. If it is demonsa'ated that fill activities on those buildable portions of the project site are such that there is a surplus of earthen material, then its off-site disposal is also hereby permitted subject to the following conditions: Excavation activities shall comply with the definition of a "development excavation" pursuant to Division 3.5 of the Land Development Code whereby off-site removal shall be limited to ten percent (to a maximum of 20,000 cubic yards) of the total volume excavated unless a commercial excavation permit is received. All other provisions of said Division 3.5 are applicable. 7.8 A~A ITE. M OCT 1 2 1S99 pg. AC-~r_NOA ITE:k~ OCT I 2 1999 EXECUTIVE SUMMARY PETITION PUD-99-11, MR. DONALD WAYNE ARNOLD AND MR. KIM PATRICK KOBZA REPRESENTING THE VANDERBILT TRUST-1989, REQUESTING A REZONE FROM "A" RURAL AGRICULTURE TO "PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS THE VANDERBILT TRUST 1989 PUD FOR PROPERTY LOCATED ON THE NORTH SIDE OF VANDERBILT BEACH ROAD (CR-862) AND APPROXIMATELY ONE MILE EAST OF AIRPORT-PULLING ROAD (CR-31) IN SECTION 31, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: This petition seeks to have certain property rezoned from "A" Rural Agriculture to "PUD" Planned Unit Development to be known as the Vanderbilt Trust 1989 PUD which will consist of an assisted living facility (ALF), skilled nursing facility and/or a child day care facility CONSIDERATIONS: The Vanderbilt Trust - 1989 PUD encompasses a land area of approximately 7.85 acres, of which 3.44 acres have been designated for the ALF/Child Care facilities, 1.97 acres for open space areas and 1.18 acres for the water management facilities. In addition, the remaining 1.26 acres of land area is for the right-of-(vay and pavement areas. The access to the development is from an Vanderbilt Beach Road (a collector road) while the buffering, setback and architectural standards meet or exceed all requirements of the Land Development Code. The project will consist of a maximum of 200 Assisted Living Facility (ALF) units or a combination of up to 180 ALF units and up to 50 Skilled Nursing Care Facility (SNCF) beds, as well .as, ancillary uses. The ancillary uses may include support medical services, nursing and retail dispensary services. The PUD also provides for the development of a child care facility to operate in conjunction with the ALF. It should be noted that the ALF and SNCF facilities are defined as those facilities described in Section 400.402 and 400.407, Florida Statutes, respectively and Division 6 of the Collier County Land Development Code. The Traffic Impact Statement (TIS) estimates the site-generated trips to be approximately 947 average weekday trip ends. These trips will not exceed 5 percent of the LOS "C" design volume on Vanderbilt Beach Road or lower the capacity below any County'roads adopted LOS "D" standard. The Traffic AGENDA ITF_~ OCT 1 2 Circulation Element (TCE) lists Vanderbilt Beach Road as a 2-lane road fi'onting the site. The current traffic count for this segment is 16,733 AADT, which results in LOS "D". Furthermore, there is a proposed road widening project to 4 lane this segment that is scheduled for completion b.y 2003. Therefore, this project meets the County's concurrency requirement and is consistent with the standards referenced in Policy 1.3, 1.4, 5.1, and 5.2 of the TCE of the GMP. It should be noted that a waiver from submitting an Environmental Impact Statement (EIS) was granted due to the size and existing natural conditions of the site. The surrounding properties include the following land uses: To the north and west are undeveloped and agriculture fields that are zoned "Agriculture". To the east is a 2-story multi-family development that is zoned the Wilshire Lakes PUD. This PUD is approved for 552 mixed residential units and at a density of 2.2 units per acre. To the south are Vanderbilt Beach Road and the Vineyards PUD that is a mixed-use development that also includes 2-story multi-family dwelling types. In regard to the residential property to the east, the PUD Master Plan and Document provides a landscape buffer to screen noise or other adverse impacts (if any) created by the ALF. However, it should be appreciated that ALF housing for all practical purposes functions in the same manner as any other housing type. These development restrictions and controlled access to the site will serve to protect the integrity of the adjacent residential community. In regards to the proposed 3-story maximum building height, staff is of the opinion that 3-stories is compatible with the adjacent land uses developed with 2-story structures as noted above. With respect to the matter of compatibility with the FLUE, this is an evaluation whose primary focus is the compatibility of land use with land uses permitted in the FLUE. In the case at hand, and based upon the Future Land Use Plan, we have an expectation that the land will be used and developed for residential land uses and non residential land uses such as churches and day care facilities. The vacant agricultural lands to the north and west may be rezoned to a residential zoning district at a base density of 4 units per acre. The proposed PUD Document includes land uses that are similar to those uses that have been approved in other areas within the same Urban Residential designation. Furthermore, staff is of the opinion that the subject PUD is similar to other ALF facilities that have been approved in Collier County. Lastly, the subject petition is consistent with the FLUE and other applicable elements of the Collier County Growth Management Plan. The Collier County Planning Commission heard this petition on September 16, 1999. They unanimously recommend by a 6 to 0 vote to forward this petition to the Board of County Commissioners with a recommendation of approval subject to staff stipulations along with increasing the setback from the eastern property line to 100 feet. It should be noted that three persons spoke to the Planning Commission expressing their concerns over access, setbacks and buffering along the property line with the Wilshire Lakes PUD. To alleviate these concerns, the petitioner agreed to increase the setback from the eastern property line to 100 feet. In addition, it was pointed out that the landscape buffer along the eastern property line has been increased to 30 feet while the access proposed point as iljustrated on the Master Plan is centrally located off of Vanderbilt Beach Road. Since these concerns have been satisfied and staff has not received any letters of objection, this petition has been placed on the Summary Agenda. AGENDA ITEM /70. OCT 1 2 1223 FISCAL IMPACT: This PUD by and of itself will have no 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 future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects 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. The following impact fees will be applicable to this project: Park Impact Fee: Libraries Impact Fee: Fire Impact Fee: Road Impact Fee: Radon Impact Fee: B.C.A.I. Impact Fee: EMS Impact Fee: $578.00 $180.52 $0.15 per square foot under roof $60.00 per student $0.005 per square foot under roof $0.005 per square foot under roof $43.00 per 1,000 square feet The total amount of impact fees for the ALF/skilled nursing/day care uses are $35,702. It should be noted that 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 size and type of use, the total impact fees quoted above is at best raw estimates. Additionally, there is no guarantee that the project at build-out will have maximized their authorized level of development. Other fees will include building permit review fees and utility fees associated with connecting to the County's sewer and water system. Building permit fees and utility fees have traditionally offset the cost of administering the community development review process, whereas utility fees are used on their proportionate share of impact to the County system. Finally additional revenue is generated by application of ad valorum tax rates. The revenue that will be generated 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 valorem tax rates. Nevertheless, it should be appreciated that not withstanding the fiscal impact relationship, development takes place in an environment of concurrency management. When level of service requirements fall below adopted standards, 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 that may have local geographic concurrency implications. 3 AGENDA ITEM OCT 12 1999 Pg. ~ GROWTH MANAGEMENT IMPACT: The subject property is located within the Urban (Urban - Mixed use District, Urban) designated area which provides for residential development along with certain industrial and commercial uses. The proposed ALF, Skilled Nursing and Day Care uses are consistent with the Urban Mixed-Use district that permits these uses. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission recommends approval of Petition PUD-99-11, being an application to rezone certain property from "A" Rural Agriculture to "PUD" subject to the conditions of approval that have been incorporated into the PUD document and attached in the Ordinance of Adoption and made a part of this executive summary. OCT 1 2 1999 ~kl2LLOWS, PRINCIPAL PLANNER CURRENT PLANNING SECTION :,~EW~,~ BY: ~ R~)'~JAL~O, AICP, MANAGER CURRENT PLANNING SECTION R0B E/~T J. ~H~~TDI~CTOR PLANNING SERVICES DEPARTMENT DATE DATE DATE VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. PUD-99-11/EX SUMMARY/RVB/rb DATE AGENDA ITEM ,*. OCT 12 1999 AGENDA ITEM 7-E TO: COLLIER COUNTY PLANNING COMIVIISSION FROM: COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DATE: AUGUST 10, 1999 PETITION NO: PUD-99-11, VANDERBILT TRUST - 1989 PUD OWNER/AGENT: Agents: Mr. Donald Wayne Arnold Wilson, Miller, Barton & Peek, Inc. 3200 Bailey Lane, Suite 200 Naples, Florida 34108 Mr. Klm Patrick Kobza Treiser, Kobza, Volpe Chtd. 4001 Tamiami Trail North, Suite 330 Naples, Florida 34103 Owner: The Vanderbilt Trust- 1989 Amy S. Turner, Trustee 6625 New Haven Circle Naples, Florida 34109 REOUESTED ACTION; This petition seeks to have the herein described land rezoned from "A" Agriculture to a mixed use "PUD" Planned Unit Development to be known as The Vanderbilt Trust - 1989 PUD. GEOGRAPHIC LOCATION: The property is located on the north side of the Vanderbilt Beach Road (CR-862) and approximately 1 mile east of Airport-Pulling Road (CR-31) in Section 31, Township 48 South, Range 26 East (See location map on following page). -' - PURPOSE/DESCRIPTION OF PROJECT: The Vanderbilt Trust - 1989 PUD encompasses a land area of approximately 7.85 acres, of which 3.44 acres have been designated for the ALF/Child Care facilities, 1.97 acres for open space areas and 1.18 acres for the water management facilities. In addition, the remaining 1.26 acres of land area is for the right-of-way and pavement areas. The access to the development is from an Vanderbilt Beach Road (a collector road) while the buffering, setback and architectural standards meet or exceed all requirements of the Land Development Code. The project will consist of a maximum of 200 Assisted Living Facility (ALF) units or a combination of up to 180 ALF units and up to 50 Skilled Nursing Care Facility (SNCF) beds, as well as, ancilla ~y uso~illliim ilr~ ancillary uses may include support medical services, nursing and retail dispensary services. Tie PII~ also/~ OCT 1 2 1999 provides for the development of a child care facility to operate in conjunction with the ALF. It should be noted that the ALF and SNCF facilities are defined as those facilities described in Section 400.402 and 400.407, Florida Statutes, respectively and Division 6 of the Collier County Land Development Code. SURROUNDING LAND USE AND ZONING; Existing: The subject site is currently undeveloped and predominately vegetated (see Photo #2 on Exhibit "C"). The property is presently zoned "Agriculture". Surrounding: North - Undeveloped and fallow agriculture fields; Zoned "Agriculture". East - A multi-family tract that is developed with 2-story condominiums and is zoned Wilshire Lakes PUD. (See Photograph ~t of Exhibit "C") South - West- Vanderbilt Beach Road and an existing residential development within the Vineyards PUD. (See Photograph #3 of Exhibit "C") Undeveloped and agriculture fields; Zoned "Agriculture". GROWTH MANAGEMENT PLAN CONSISTENCY: Project lands are located within the Urban-Mixed Use District, Urban Residential Subdistdct as designated in the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). A consistency analysis with applicable elements of the GMP is as follows: Future Land Use Element - A description of Urban Mixed Use District in the FLUE advises that residential uses are permitted along with certain nonresidential uses including ALF, SNCF (with a floor area ratio not to exceed 0.45) and child care facilities. Therefore, the proposed PUD uses are allowed in the Urban Residential Sub-district. Traffic Circulation Element - The Traffic Impact Statement (TIS) estimates the site generated trips to be approximately 947 average weekday trips at build-out in 2003. The proposed trips will not exceed 5% of the LOS "C" design volume on Vanderbilt Beach Road fronting the project after trip assignments and adjustments are made. In addition, the site generated trips will not create a concurrency problem within the projects radius of development influence (RDI) because the project trips don't lower the capacity below any road's adopted standard. As a result, the proposed PUD rezone will not create or excessively increase traffic congestion on the arterial road system at built-out and complies with Policies 5.1, and 5.2, of the Traffic Circula~i-on Element (TCE). The traffic for this 2 lane segment of Vanderbilt Beach Road fronting the project is 16,773 VPD which results in LOS "D". The minimum level of service standard is LOS "D" for road segments west of 1-75. It should be noted that a proposed improvement to 4 lane this segment is scheduled to be completed by 2003. Therefore, this project meets the County's concurrency requirement and is consistent with the standards referenced in Policy 1.3 of the TCE of the GMP. Open Space Element - The acreage set aside for the lakes and water management areas, qualifying open space exceeds the open space requirements of the Land Development Code. In addition, as required by Code, 25 percent of the viable native vegetation will be retained on site. As a result, the Conservation and Open Space elements of the GM? will be achieved by the PUD development strategy. AC, r~3A ff~ 2 OCT 1 2 1999 Other Applicable Element(s) - These include utilities and water management. Development of the land will proceed on the basis of connection to the County's sewer and water distribution system. Once these utility lines are completed in accordance with County standards, they will be conveyed to Collier County as required by County Ordinances. Water management facilities will be constructed to meet County Ordinances and these will be reviewed and approved as a 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: Staffs analysis indicates that the petitioner's property is partially 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 from this requirement is required. The State Division of Historic Resources indicates that they have no record of historic or archaeological sites occurring on the project site. Furthermore, due to an ongoing agricultural use on the property, there is a low potential for archaeological sites. Therefore, Section 2.2.25.8.1 of the Land Development Code requires the following: If, during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. EVALUATION FOR ENVIRONMENTAL. TRANSPORTATION AND INFRASTRUCTURE: The subject petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced areas of critical concern. This primarily includes a review by the Community Development Environmental/Engineering staff, and the Transportation Department staff. The Environmental site inspection indicates that a portion of the subject site has been historically cleared for agriculture purposes. In addition, the Environmental staffhas stipulated that 1.18 acres (15 percent of the PUD) shall retain native vegetation on site as required by Section 3.9.5.5.4 of the Collier County Land Development Code. Furthermore, all required permits or letters of exception from the US Army Corps of Engineers'and the South Florida Water Management District shall be presented prior to final construction plan approval. Inasmuch as an Environmental Impact Analysis was not required due to existing natural conditions of the site, this petition was not required to go to the EAC for review. Approval stipulations from County staff are contained within the PUD document. 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 not~3 in Section 2.7.2.5 and Section 2.7.3.2.5 of the Land Development Code thus requiring staff evaluation and comment, and shall be used as the basis for a recommendation of approval or denial by the Planning Commission to the BCC. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted and are categorized as either pro or con, whichever the case may be, in the opinion of staff. Staff review of each of the criterion is followed by a summary conclusion culminating in a determination of compliance, non-compliance, or compliance with mitigation. These evaluations are completed as separate documents and are attached to the staff report as Exhibit "A" & "B". In addition, appropriate evaluation of petitions for rezoning should establish a factual basis for supportive action by appointed and elected decision makers. The evaluation by professional staff should typically include an analysis of the petition's relationship to the communit~,'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 elemenI~:~[~, lTrOa evaluation considerations should include an assessment of adequacy of transportation infrastructure,~Qlh.e.~TC.'"'- 3 ~ ¢C,T I 2 1999 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 advises as f'qlows: RELATIONSHIP TO 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 with the adjacent properties. The surrounding properties include the following land uses: To the north and west are undeveloped and agriculture fields (See Photograph #1 on Exhibit "C") that are zoned "Agriculture". To the east is a 2-story mu. lti-family development that is zoned the Wilshire Lakes PUD (See Photograph g4 on Exhibit "C"). This PUD is approved for 552 mixed residential units and at a density 2.2 units per acre. To the south is Vanderbilt Beach Road and the Vineyards PUD which is a mixed use development that also includes 2-story multi-family dwelling types. In regard to the residential property to the east, the PUD Master Plan and Document provides a landscape buffer to screen noise or other adverse impacts (if any) created by the ALF. However, it should be appreciated that ALF housing for all practical purposes functions in the same manner as any other housing type. These development restrictions and controlled access to the site will serve to protect the integrity of the adjacent residential community. In regards to the proposed 3-story maximum building height, staff is of the opinion that 3-stories is compatible with the adjacent land uses developed with 2-story structures as noted above. RELATIONSHIP TO FUTURE LAND USES: With respect to the matter of compatibility with the FLUE, this is an evaluation whose primary focus is the compatibility of land use with land uses permitted in the FLUE. In the case at hand, and based upon the Future Land Use Plan, we have an expectation that the land will be used and developed for residential land uses and non residential land uses such as churches and day care facilities. The vacant agricultural lands to the north and west may be rezoned to a.residential zoning dislrict at a base density of 4 units per acre. The proposed PUD Document includes land uses that are similar to those uses that have been approved in other areas within the same Urban Residential designation. Furthermore, staff is of the opinion that the subject PUD is similar to other ALF facilities that have been approved in Collier County. Lastly, the subject petition is consistent with the FLUE and other applicable elements of the Collier County Growth Management Plan. Traffic - The only vehicular access point is adequate since it is from Vanderbilt Beach Road which is designated as a major collector road. In view of the adequate depth and sight distance along this road segment, the access point should operate with an acceptable level of safety and is subject to the Access Management Plan. The final geometry and design of the access will be reviewed at the time of Preliminary Site Development Plan (SDP) review. The GMP consistency review indicates that approval of t..~_s petition is consistent with policies of the Traffic Circulation Element. Utility_ Infrastructure - Both a public sanitary sewer and municipal water supply are available to the property and will be extended as a consequence of future development. All development must comply with surface water management requirements invoked at the time of site development plan approval as the case will be for development of this land. Community_ Infrastructure and Services - The subject property is readily accessible to a whole range of community infrastructure which is enhanced by its frontage on Vanderbilt Beach Road and proximity to CR- 31. Shopping centers, business offices and medical offices of various specialties are all within a short driving distance. Urban development is underway in all directions from this PUD which is an indicator earmarking this site for development. A~.. 4 0ET 12 1999 STAFF RECOMMENDATION; That the Collier County Planning Commission' (CCPC) recommend approval of Petition PUD-99-11, the Vm~derbitt Trust - 1989 PUD Document and Master Plan subject to the conditions of approval that have been incorporated into the PUD Document. PREPARED BY: flAY NT PLANNING SECTION RONALD F. NINO, AICP, MANAGER CURRENT PLANNING SECTION ~P, DIRECTOR PLANNING SERVICES DEPARTMENT VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE DATE DATE Staff Report for September 16, 1999 CCPC meeting. COLLIER COUNTY PLANNING COMMISSION: - M!CP~2,L J. BRUET, C~- STAFF REPORTfPUD-99-1 I/RVB/rb OCT 1999 FINDINGS FOR PUD PUD-99-11 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: 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 along Vanderbilt Beach Road. (ii) The subject site is eligible for nonresidential uses including ALF and child care in the of the FLUE of the GMP. Con; (i) Existing residents may perceive a mixed use developments that include ALF, skilled nursing and child care as an intensification near their neighborhood as contributing factors to inconveniencing traffic movements to and from their place of residence, increasing noise and pollution, and reducing property values. F_Jg_dl.l!gl.' 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. e 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. Exhibit "A" CCI 1 2 1999 e Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan. Pro.- .(i) The development strategy for the subject property is entirely consistent with the goals, objectives and policies of the Growth Management Plan. Con: (i) Not applicable since the project is deemed to be consistent with the Growth Management Plan. ~ The subject petition has been found consistent with the goalS, objectives and policies of the Growth Management Plan. A review of consistency relationships with elements of the GMP is as follows: The subject PUD proposes to allow ALF, Skilled Nursing and Child Care uses on the subject site consistent with the Future Land Use Element (FLUE) of the Growth Management Plan. The site is currently designated Urban Mixed Use, Urban Residential on the FLUE. A description of Urban Mixed Use District in the FLUE advises that residential uses are permitted along with certain nonresidential uses such as child care and an ALF. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Pro: The PUD has been designed to provide transitional intensity by providing a buffer adjacent to the residential subdivision to the east. In addition, landscaping has been provided to buffer the adjacent properties from the ALF use2 Con: None. ~ 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. .-- 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. The timing or sequence of development for the purpose of assuring the available improvements and' facilities, both public and private. .deq~a. cy o~.?.f___.. OCT 1 2 1999 Evaluation not applicable. Summary_ Finding: Timing or sequence of development in light of concurrency requirements automatically triggers the mechanism for ensuring that further LOS degradation is not allowed or the LOS deficiency is corrected. The ability of the subject property and of surrounding areas to accommodate expansion. Pro; This petition proposes an ALF which is deemed to be a compatible use with the adjacent residential uses to the east and south. This project will not adversely impact any adopted level of service standard. Con: None. 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 infi-astmcture is available. 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. FINDINGS FOR PUD-99-11/RVB/rb 3 AGENDA IT~ No, OCT 1 2 1999 REZONE FINDYNGS PETITION PUD-99-11 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: Whether the proposed change will be consistent with the goals, objectives & policies of the Future Land Use Map and the elements of the Growth Management Plan. Pro: i. The subject property is located within the Urban Mixed Use District Urban Residential Sub-district which allows for a maximum density of 4 units per acre. It also permits nonresidential development such as child care and ALF uses. ii. Development Orders deemed consistent with all applicable elements of the FLUE of the GMP should be considered a positive relationship. Con; None Summary_ Findings: The proposed development is in compliance with the Future Land Use Element of the Growth Management Plan. The uses permitted within this PUD are consistent with the currently approved uses. This petition is also consistent with Policy 5.1 of the FLUE to the GMP. 2. The existing land use pattern; Pro/Con: Evaluation not applicable. (a more detailed study is contained in the staff report.) Summary_ Findings: To the north and west are vacant Agriculture zoned properties. The site abuts residential land uses to the east (Wilshire Lakes PUD) and Vanderbilt Beach Road to the south. The possible creation of an isolated district unrelated to adjacent and nearby districts; Pro; The proposed rezone is provides a transition from the residential uses to the east with the agricultural uses to the west and north. EXHIBIT "B" 1 OCT i 2 1999 Con: Evaluation not applicable. Summary_ Findings: The parcel is of sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts. The site also qualifies as in-fill for zoning purposes. Lastly, it is consistent with expected land uses on the adjacent parcels by virtue of its consistency with the FLUE. 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 GIMP. Con: None. Summary Findings; Land to the south is zoned Vineyards PUD and contains more intensive residential and commercial/office uses. In addition, the boundaries are logically drawn by virtue that it is a compatible land use the two existing mixed residential zoned PUD projects to the south and east. 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. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro: (i) The existing mixed use PUD to the south of the subject site contains multi-family residential and commercial uses while the adjacent property to the north and west are vacant and zoned agriculture. (ii) Recommended mitigation actions (i.e. landscaping) made a condition of approval will go a long way towards off-setting any potential adverse influences on the residential subdivision to the east and south ofth~ A · ~. · ~ AGE, IDA h .... OCT 1 2 1999 ./7' Con.' (i) The ALF location within the subject site could cause increased noise and traffic impacts on the nearby residences. However, due to the proposed landscape and buffer areas, the proposed PUD should not adversely impact the adjacent properties. Summary_ Findings: The proposed PUD will not adversely influence living conditions in the neighborhood because the recommended development standards and other conditions for approval have been promulgated and designed to ensure the least amount of adverse impact on adjacent and nearby developments. Recommended mitigation actions should serve to ameliorate impact on the adjacent residential area. 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 the traffic circulation element. (ii) The property fronts directly on a public road (Vanderbilt Beach Road) thereby providing an access to the arterial/collector road network over which traffic from this ALF development will draw and defuse traffic. Con; (i) As urban intensification increases, there is some loss of comfort and ease of travel to the motoring public. However, by law this degree of discomfort is regulated by concurrency requirements. (ii) In the short mn construction traffic is necessary for development may be irritating to local residents. 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. Whether the proposed change will create a drainage problem; Pro.' (i) The Land Development Code specifically addresses prerequisite development standards that are designed to reduce the risk of flooding on nearby properties. New development in and of itself is not increase flooding potential on adjacent property over and would occur without development. ,unno.qext tn OCT 1 2 1999 e 10. 11. Con: (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. Whether the proposed change will seriously reduce light and air to adjacent areas; Pro: The proposed ALF development is compatible to the approved zoning on the adjacent properties. In addition, the maximum height for the ALF as provided for in the PUD will not significantly impact adjacent properties due to the increased setbacks. The overall development standards are compatible with the standards listed for the similar districts in 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. Whether the proposed change will adversely affect property values in the adjacent area; Pro: Typically urban intensification increases the value of contiguous 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 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. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; ~,c, ra~A ~r.~ 4 OCT 1 2 1999 Evaluation not applicable. 12. 13. 14. 15. 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. The proposed development standards should provide reasonable assurance that a change in zoning will not result in a deterrence to improvement or development of adjacent residential property. 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. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; Pro/Con: Evaluation not applicable. Summary Findings: The subject property can be developed in accordance with the existing zoning, however to do so would deny this petitioner of the opportunity to maximize the development potential of the site as made possible by its consistency relationship with the FLUE as contained in the Growth Management Plan. Whether the change suggested is out of scale with the needs of the neighborhood or the County; ..- Pro; The project is designed in a manner that is compatible with surrounding and approved PUD property in size and scale. Con: Existing neighbors within the adjacent subdivision to the east may feel that the proposed change is out of scale with the neighborhood. Summary Findings: The subject PUD complies with the Growth Management Plan while the intensity of land uses is deemed acceptable for this site. Whether is it impossible to find other adequate sites in the County for th use in districts already permitting such use. OCT 12 1999 Pa. Evaluation not applicable. Summary. Findings: There are many sites which are zoned to accommodate the proposed development. This is not the determining factor when evaluating the appropriateness of a rezoning decision. The determinants of zoning are consistency with all elements of the GMP, compatibility, adequacy of infrastructure and to some extent the timing of the action and all of the above criteria. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Pro: The subject property is undeveloped. Presently exotic vegetation has invaded the site, however the environmental impacts are minimal. Con: Development of the site may create a need for additional fill and site alteration for infrastructure improvements. Summary_ Findings: The extent of site alteration will be determined as a function of obtaining a Site Development Plan approval to execute the PUD's development slxategy. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. Pro/Con: Evaluation not applicable. Summary_ Findings; A multi-disciplined team responsible for jurisdictional elements of the GMP have reviewed this petition and have found it consistent with the GM?. The conditions of approval have been incorporated into the PUD document. Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GM? established relationships. --- REZONE FINDINGS R-99-1 l/RVB/rb AGENDA ITE. OCT 1 2 1999 1) Aerial View (1998) 2) South side of the subject site. 3) View south towards the Vineyards 4) View northeast towards Wilshire Lakes PUD EXHIBIT "C" AGENDA ITEM CCI 1 2 1999 p~,. ,c;~ APPLICATION FOR PUBLIC HEARING Petition NJu~er~ 'i' :~5'~ FOR REZONE AND CONDITIONAL USE REQUESTS PUBLIC HEARING BEFORE COLLIER COUNTY COMMUNITY DEVELOPMENT DMSION PLANNING SERVICES p lid 99 11 1. Name of Applicant(s): The Vanderbilt Trust- 1989 Applicant's Mailing Address: c/o Amy Turner, 6625 New Haven Circle City: Naples State: Fl Zip: 34109 Applicant's Telephone Number: (941) 434-1800 Is the Applicant the owner of the subject property? X Yes [~ No X a) ' If applicant is a land trust, so indicate and name beneficiaries below. b) c) d) e) Amy S. Turner Tammy Kipp Bernie and Rita Turner If applicant is a corporation other than a public corporation, so indicate and name officers and major stockholders below. If applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. If applicant is an owner, indicate exactly as recorded, and list all other owners, if any. If applicant is a lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and address below. .._ (If space is inadequate, attach on separate page.) Name of Agent: D. Wayne Arnold, AICP Firm: Wilson, Miller, Barton & Peek, Inc. Agents Mailing Address: 3200 Bailey Lane, suite 200 City: Naples Agent's Telephone Number: }.~ g/'~Jg~-S"/4~O V~': 02~-WARNOLD State: Florida Zip: 34105 (941) 6494040 -I- AGENDA ITE~ CC'[ 12 i999 Name of Agent: Kim Patrick Kobza, Esq. Firm: Treiser, Kobza, & Volpe Chtd. Agents Mailing Address: 4001 Tamiami Trail North, Suite 330 City: Naples State: Florida Zip: 34103 DETAILED LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE APPLICATION (If space is inadequate, attach 'on separate page. If request involves change to more than one zoning district, include separate legal description for property involved in each district. If property is odd-shaped, submit copies of survey (1" to 400' scale). Please see attached survey. The West ½ of the South ½ of the Southeast ¼ of the Southwest ¼ of Section 31, Township 48 South, Range 26 East, Collier County, Florida, less the south 150 feet thereof, consisting of 7.85+ acres. 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: 31 TOWNSHIP: 48 S RANGE: 26 E Size o£Property: 661 ft. x 517 ft. Acres: 7.85 Address or location of subject property: Approximately 1 mile east of Airport Rd on the north side of Vanderbilt Beach Road, just east of the Bobbin Hollow Equestrian Center. 6. Existing Land Elevation: 11.7' to 15' 7a. Date subject property acquired ~-~ or leased ['~; , 19 7b. If Petitioner has option to buy, indicate date of option: and date option terminates: County Flood Criteria Elevation: Zone X day of N/A 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.) N/A 9. This application is intended to cover: (Check which type of petition you are requesti~ 60./9~$7460 V~: 02!-WARNOLD 03167-4~O-O00-PPUD- 1:1254 AGENDA ITEM ig): OCT 1 2 1999 10. X A. Rezoning: Present Zoning: A, Agriculture Requested Zoning: PUD for: Assisted Ii,: ~ng facility and skilled nursing facility uses. ['-] B. Conditional Use: of: Zoning for: Reason why application should be approved. (Attach additional sheets if necessary.): Please see attached Exhibit A. 11. Is proposed use prohibited by deed restrictions? [-'-] Yes X If yes, provide copy of the deed restrictions. No 12. Is this request a result of a violation? [-~ Yes X 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? 14. Are there existing structures on the property? No TYPE: CBS [~], FRAME [-~, MOBILE HOME [~], No No OTHER['-] .& ~'~ 6DJ99-$7460 Ve~: 02!-WARNOLD AGENDA ITE. i~. OC, T 1 2 1999 AFFIDAVIT I, Amy S. Turner being first duly sw,~m, depose and say that I am the Trustee 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 tree to the best of my knowledge and belief. I understand this app~%ation must be complete and accurate before a hearing can be advertised. I further permit the undersigned to act as my representative in any matters regarding this Petition. Signature of Owner Representative Amy S. Turner, Trustee The Vanderbilt Trust 1989 Signature D,Wayne Arnold, 'AICP STATE OF FLORIDA COUNTY OF COLLIER The foregoing App~cation was acknowledged before me this~,nn~ day of ~ ,199~ by ~.). ~/-~ ~0~1~o is personally known to m~3'"~who has produced as identification and who did (did not) take an oath. (Signature &Notary Public) J OFFICIALNOTARYSEAL | VALAm£ G I NOTARY PUBLIC STATE OF FLORIDA I COMMISSION NO. CC7~9~ [ MY COMMISSION EXP. DEC. 28,2002 ~'~t99-$7460 ¥~: 02~-WAR.NOLD . 03167-~O0-O00*PPUD.. 18254 -4- I A GE.~A ITEM GCT 1 2 1999 June 4,1999 -ptiD99 Mr. Ray Bellows Principal Planner 2800 North Horseshoe Dr. Naples, FL 34104 Re: The Vanderbilt Trust - 1989, PUD Application Dear Mr. Bellows: Enclosed please find the required fifteen (15) copies of the above referenced PUD Application and supporting materials. The 7.85_+ acre site is considered an in-fill parcel for.the purposes of this PUD rezoning, due to the parcel's size and location between existing development. The proposed PUD will permit a maximum of 200 ALF units, and up to 50 skilled nursing beds, with a commensurate reduction in ALF units to a maximum of 180 units. The PUD will also permit the child care center as a free-standing or integral use to the ALF. As discussed during our pre-application meeting on June 1, 1999, The Vanderbilt Trust - 1989 PUD is proposed to permit two land uses, an assisted living facility and child day care center. Both land uses are consistent with the Growth Management Plan and are compatible with surrounding land uses. Properties to the north and west are zoned and used for agricultural purposes. Properties to the east and south are zoned for residential land uses, the Wilshire Lakes PUD and Vineyards PUD, respectively. All development within The Vanderbilt Trust PUD will be in accordance with the Collier County Growth Management Plan and Collier County Land Development Code. Please contact me at 649-4040 if you have any questions. Sincerely, WilsonMiller, Inc. Donald W. Arnold, AICP Planning Department Manager cc: Klm Patrick Kobza Amy Turner Naples Fort Myers Sarasota Bradente# Tampa 3200 Bailey Lane. Suite 200 Naples, Florida 34105-8507 941-649-4040 ~ 941-643-5716 ~ w~vw. wflsonmiller, corn AGENDA ITEM OCT I 2 1999 ORDINANCE NO. 99- AN ORDIN'ANCE AMENDI~G L, ADINANCE NUMBER 91-102 THE COLLIER COUNTY LAND DEVELOPIVI~NT CODE WHICH INCLUDES THE COlV~REH~NS1A"E ZON']NG REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 8631S; BY CHANGING TH~ ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" RURAL AGRICULTURAL TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS TH~ VANDERBILT TRUST 1989 FOR AN ASSISTED LIVING FACILITY, CHILD CARE CENTER AND S](rl.l.~13 NURSING FACILITY USES, LOCATED APPROXIMATELY 1 ~.~ EAST OF AIRPORT ROAD (C.R. 31) ON THE NORTH SIDE OF VANDERBILT BEACH ROAD (C.R. 862), IN SECTION 31, TOWNSHI~ 48 SoLrrH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF ?.85-~ ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, D. Wayne Anmld, of WilsonMiller, Inc., and Kim Patrick Ko~za, Esqm~, of Treiser, Kobza and Volpe, Chtd., repr~nting The Vande~ilt Trust - 1989, petitioned the ]3oaxd of County Commissioners to change the zomng classification of the ~ ~ n~l ~ NOW, THEREFORE BE IT ORDAINED by th~ Boa~l of Coum~y Ct~nrni~iollel~ of Collier County, Florida: SECTION ONE: Thc zonm~ classification of thc hereto described real property located in S~ction 31, Township 48 South, Range 26 Eas~ Collier County, FloFida, is changed fFom "A' Rural AgriculRlr31 to "PUD' Pl~nn~l Uni~ Dcvclopmcnt m accordance with Thc Vanderbil[ Trust 1989 PUD Documcnt~ at~chcd hcrcto as Exl~ibil 'A' and incorporated by reference hcrcm. Thc Of~cial Zonm~ Atlas Map Number 86~ IS, as dcscrilx:d in Ordinance Number 91-102, thc Collier County Land Dcvclopment Code, is hcrcby amcn~d accordingly. SECTION TWO: This Ordirm~c~ ~qh~l! Ix~omc c~ec~c tlpon filin~ with ~ D~! of S~. PASSED AND DULY ADOPTED by the Board of County Commi~giOlJCl~ of' Collie' CO~, Florida, this day of ,1999. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, Cl~rk BY: PAMELA S. MAC'KIE, C~ Approved as to Form and Legal Sut~ciency '~-j~e ~t studeat -1- AGEI~A ITEM OCT 1 2 1999 THE VANDERBILT TRUST 1989 A PLANNED UNIT DEVELOPMENT Prepared for: THE VANDERBILT TRUST - 1989. Amy Turner, Trustee 6625 New Haven Circle Naples, FL 34102 Prepared by: Q. GRADY MINOR & ASSOCIATES, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 EXHIBIT "A" Date Reviewed by CCPC Date Approved by BCC Ordinance Number Amendments and Repeal 5/31/99-57307 Vet: 01 !-WARNOLD 03167-000-000-PpLrD- 18254 AGF_N~A ITEM OCT i 2 1999 TABLE OF CONTENTS Statement of Compliance Section I Property Ownership and Description 1.I. 1.2. 1.3. 1.4. 1.5. 1.6. Purpose Legal Description Property Ownership General Description of Property Area Project Description Short Title Section II Project Development Requirements 2.]. 2.2. 2.3. 2.4. 2.5. 2.6. 2.7. 2.8. 2.9. Purpose General Description of the PUD Master Plan and Proposed Land Uses Related Project Plan Approval Requirements Sales Facilities Amendments to PUD Document or PUD Master Plan Common Area Maintenance Design Guidelines and Standards Provision of Off-site Removal of Earthen Material Section III General Development Regulations 3.1. Purpose 3.2. Uses Permitted 3.3. Development Standards 5/31/99- 57307 Vex: 01 !-WARNOLD 03167-000-000-PPUD- 18254 ITEM OCT 1 2 1999 Section IV Development Commitments 4.1. Purpose 4.2. General 4.3. PUD Master Plan 4.4. Monitoring Report and Sunset Provision 4.5. Transportation 4.6. Water Management 4.7. Utilities 4.8. Engineering 4.9. Landscaping 4.10. Environmental 4.11. Accessory Structures 4.12. Signs 4.13. Polling Places 4.14. Historic/Archeological Exhibit "A" PUD Master Plan 6f23/99-57307 Vet 01!-WARNOLD 03167-O00-000-PPUD- 18254 ~o. OCT 12 1999 STATEMENT OF COMPLIANCE The development of this project will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan for the following reasons: The project will consist of a maximum of 200 Assisted Living Facility (ALF) Units or a combination of up to 180 ALF units and up to 50 Skilled Nursing Care Facility (SNCF) beds, as well as, ancillary uses. The PUD also provides for the development of a child day care center on the 7.85+ acre site. The property is located in the Urban Mixed Use District, Urban Residential Subdistrict. Non-residential uses such as ALFs and child care centers are permitted land uses within this designation. The Collier County Land Development Code permits ALFs, subject to a floor area ratio (FAR) of 0.45. The Vanderbilt Trust 1989 PUD will be developed in accordance with the FAR requirements of the Collier County LDC. 2. The project shall be in compliance with all applicable County regulations including the Growth Management Plan. 3. The project will be served by services and utilities as approved by the County. The project is compatible with adjacent land uses through the internal arrangement of structures, the placement of land use buffers, and the proposed development standards contained herein. 5. All final local development orders for this project are subject to the Collier County Adequate Public Facilities Ordinance, Division 3.15 of the Land Development Code. 6/23~99-57307 Vet: 01!-WARNOLD 0316?-000-000-PPDD- 18254 AGENDA ITEM OCT 1 2 1999 SECTION I 1-1 PROPERTY OWNERSHIP AND DESCRIPTION 1.1. PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of The Vanderbilt Trust 1989 PUD. 1.2. LEGAL DESCRIPTION The West V2 of the South ½ of the Southeast ¼ of the Southwest ¼ of Section 31, Township 48 South, Range 26 East, Collier County, Florida, less the south 150 feet thereof, consisting of 7.85+ acres. 1.3. PROPERTY OWNERSHIP The subject property is currently under the equitable ownership of The Vanderbilt Trust- 1989, Amy S. Turner, Trustee. 1.4. GENERAL DESCRIPTION OF PROPERTY AREA A. The 7.85+ acre site is located approximately 1 mile east of the intersection of Airport- Pulling Road and Vanderbilt Beach Road in Section 31, Township 48 South, Range 26 East. The vacant property is bordered on the south by Vanderbilt Beach Road (CR 862); on the north by agricultural lands, zoned A, Rural Agricultural; to the east by the Wilshire Lakes PUD and on the west by the Bobbin Hollow Equestrian Center, zoned A, Rural Agricultural. B. The zoning classification of the subject property Prior to the date of this approved PUD Document was A, Rural Agricultural. C. The project site is located in Flood Zone "X" according to FIRM Map No 120067, Panel No. 0385 D, 195 D, 215 D, and 425 D, dated June 3, 1986. 1.5. PROJECT DESCRIPTION The Vanderbilt Trust 1989 PUD is designed to accommodate continuing care facilities including an Assisted Living Facility (ALF), consisting of Independent and Dependent Living Units, as well as a Skilled Nursing Care Facility (SNCF). The PUD al provision for the construction of a child care facility, whether free-standing or component of the ALF facility. The maximum number of ALF units permitter 6/23/99-57307 Ver: 01 !-WARNOLD 031674100410~PPUD-18254 w i t h~-fi"rh"~'-"--~ OCT 1 2 1999 1-2 PUD is 200. A maximum of 50 SNCF beds may be constructed within the PUD; however the ability to construct up to 50 SNCF beds in combination with the ALF shall require a subsequent reduction in the number of ALF units. ALF and SNCF facilities shall be defined as those facilities described in Sections 400.402 and 400.407, F.S., respectively and Division 6 of the Collier County Land Development Code. The project will also include ancillary support medical, nursing, and retail dispensary services to the ALF and SNF uses. The permitted child day care facility shall be constructed in compliance with the Collier County Land Development Code and applicable provisions of The Vanderbilt Trust 1989 PUD. 6/23/~9-57307 Ver: 01 !-WARNOLD 03167-O00-O00-pPIJD-18254 OCT 1 2 1999 1.6. SHORT TITLE 1-3 This Ordinance shall be known and cited as the "The Vanderbilt Trust 1989 Planned Unit Development Ordinance." 6/23/9~-$7307 Vet OI!-WARNOLD 0316741004)~0.PPUD. 18254 OCT I 2 1999 2-1 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1. 2,2, 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. Regulations for development of The Vanderbilt Trust 1989 PUD shall be in accordance with the contents of this Planned Unit Development District document and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of development order approval. Where this PUD Ordinance does not provide development standards, then the provisions of the specific section of the LDC in effect at the time of issuance of any development order to which said regulation relates shall apply. mo Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in Collier County Land Development Code in effect at the time of building permit application. Bo All conditions imposed and all graphic material presented depicting restrictions for the development of The Vanderbilt Trust 1989 PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. Co Unless modified, waived or excepted by this PUD, the provisions of any other sections of the Land Development Code, where applicable, remain in full force and effect with respect to the development of the land which comprises this PUD. Do Development permitted by the approval of this Petition will be subject to a concurrency review under the provisions of Division 3.15, Adequate Public Facilities, of the Land Development Code, at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. 6/23~99-$7307 Vcr: 01 !-WAKNOLD 03167-000 -000-pI~tJD. 18254 &GEI~A ITEM OCT 1 2 1999 2,3, 2.4 2-2 DESCRIPTION OF THE PUD MASTER PLAN AND PROPOSED LAND USES The PUD Master Plan, which indicates project access points, internal circulation and land development envelopes, is iljustrated graphically by Exhibit "A", PUD Master Plan. The specific location and size of individual tracts and the assignment of square footage or units shall be determined at the time of County development approval. Changes and variations in building tracts, location and acreage of these uses shall be permitted at time of County development approval to accommodate utilities, topography, vegetation, and other site and market conditions, subject to the provisions of Section 2.7.3.5. of the Collier County LDC. In addition to the various areas and specific items shown in Exhibit "A", such easements as necessary (utility, private, semi-public) shall be established within or along the various tracts as may be necessary. RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to the recording of a Record Plat, and/or Condominium Plat for all or part of the PUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the PUD Master Plan, the Collier County Subdivision Code and the platting laws of the State of Florida. 6/23/99-5?307 Vet 011-WARNOLD 03167-CKI0-0C4)-ppIJI). 18254 AGENDA ITE2 OCT 1 2 1999 2-3 Bo Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a Preliminary Subdivision Plat, if applicable, shall be submitted for the entire area covered by the PUD Master Plan. Any division of property and the development of the land shall be in compliance with Division 3.2 of the Collier County Land Development Code, and the platting laws of the State of Florida. The provisions of Division 3.3 of the Collier County Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division prior to the issuance of a building permit or other development order. Appropriate instruments will be provided at the time of infrastructure improvements regarding any dedications and methods for providing perpetual maintenance of common facilities. 2.5 2.6 03167-000-0OO-pPuD- 18254 SALES AND CONSTRUCTION OFFICES Wet or dry temporary offices used for sales functions and/or construction offices and their support facilities shall be permitted uses in conjunction with the promotion and development of The Vanderbilt Trust 1989 PUD. These uses shall be subject to the requirements of Section 2.6.33.3, Section 3.2.6.3.6 and Division 3.3 of the Collier County Land Development Code. AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN The PUD Master Plan is designed to be flexible with respect to locations of buildings and water management facilities. Final designs shall be consistent with all development standards contained in this PUD document, including building height and minimum yards. The Planning Services Director shall be authorized to approve minor changes to the PUD Master Plan upon written request: Reconfiguration of lakes, ponds or other water management features where changes are consistent with the criteria of the South Florida Water Management District and/or Collier County. 2. Internal realignment of rights-of-way or driveways. o Reconfiguration of ALF/SNCF development envelope where proposed change does not reduce proposed buffers or preserve areas. ! AC_WaSA ~Oa OCT 121999 2-4 Other amendments may be made to the PUD master plan as provided in the Collier Land Development Code, Section 2.7.3.5. County 2.7 ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCE Whenever the developer elects to create land area and/or amenities whose ownership and maintenance responsibility is a common interest of all of the subsequent purchasers of property within said development in which the common interest is located, that developer entity shall provide appropriate legal instrmnents for the establishment of a Property Owners' Association whose function shall include a provision for the perpetual care and maintenance of all common facilities and open space subject further to the provisions of the Collier County Land Development Code, Section 2.2.20.3.8. 2.8 DESIGN GUIDELINES AND STANDARDS The Vanderbilt Trust - 1989 PUD will feature an integrated and compatible architectural building style. Where multiple buildings are constructed within the PUD, all buildings shall be constructed using like exterior building materials and primary color palate, while retaining a common architectural building style. 2.9 PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL The excavation of earthen material and its stock-piling in preparation of water management facilities or to otherwise develop water bodies is permitted. Off-site disposal of this material is also permitted subject to the following conditions: Excavation activities shall comply with the definition of a "development excavation" pursuant to Section 3.5.5.1.3 of the Land Development Code whereby off-site removal shall be limited to 10% of the total up to a maximum of 20,000 cubic yards. 2. All other provisions of Division 3.5. are applicable. 6/23/99-57307 Ve~: 01!-WARNOLD 03167-0004100-PPUD- 18254 AGENDA IT~.. OCT 1 2 1999 3-1 SECTION III DEVELOPMENT REGULATIONS 3.1 3.2 PURPO~iE The purpose of this Section is to identify the permitted uses and development standards for ALF/SNCF and ancillary uses that will be applied to the development areas so designated on Exhibit "A". USES PERMITTED A maximum of 200 ALF units, or a combination of up to 180 ALF units and a maximum of 50 SNCF beds may be constructed within The Vanderbilt Trust 1989 PUD. The PUD shall also permit the construction of a child care facility, whether free-standing or integral to the ALF facility. ALF and SNCF uses shall be those defined under Sections 400.402 and 400.407 F.S., respectively and Division 6 of the Collier County Land Development Code. Permitted uses. 1. Assisted living facilities and including skilled nursing care facility, subject to the requirements of Section 2.6.26 of the Collier County Land Development Code. 2. Child Day Care Services (8351) Uses accessory to permitted uses. 1. Accessory retail/personal service facilities such as sundry shop, concierge service, girl shop, cafeteria, hairdresser, dry cleaning, florist, home health care services and other similar uses internalized within primary care structure. 2. Medical support facilities including physician offices and nursing staff. 3. Child Day Care Services. 4. Customary accessory uses and structures including covered parking, and indoor and outdoor recreation facilities, boardwalks, gazebos and nature trails. IA~r. NDA IIT~M OCT 1 2 1999 6/2M99-$7307 Vet' 01 !-WARNOLD 03 laT-000-O00.?PUD- 18254 pg.. ~ 3.3 3-2 DEVELOPMENT STANDARDS The following development standards shall apply to all permitted and accessory uses. 1. Minimum Yard Requirements: Front: Side: East West Thirty-five feet (35') for one and two story structures. Fifty feet (50') for structures exceeding two stories in height One hundred feet (100') 25 feet, except that accessory structures may be constructed a minimum of fifteen feet (15') from the PUD boundary. Rear: Twenty-five (25') feet, except that accessory structures may be constructed a minimum of fifteen feet (15') from the PUD boundary 2. Maximum Bldg. Height: Three (3) habitable floors 6F21]99-57307 Vet 01 !-WARY/OLD 1131674100-000-PPUD.18254 AGENDA ITE~ )CT 1 2 1999 4-1 SECTION IV DEVELOPMENT COMMITMENTS 4.1. 4.2. 4.3 o 4.4, 6/2/90-57307 Ver~ Ol !-WARNOLD 03167-000-000-PPUD- 18254 The purpose of this section is to set forth the development commitments for the development of the project. All facilities shall be constructed in accordance with Final Site Development Plans, Final Subdivision Plans and all applicable State and local laws, codes, and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of the Land Development Code, Division 3.2, shall apply to this project even if the land within the PUD is not to be platted. The developer, his successor and assigns shall be responsible for the commitments outlined in this document. The developer, his successor or assignee shall follow the Master Plan and the regulations of the PUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor or assignee in title is also subject to any commitments within this agreement. PUD MASTER PLAN Ao Exhibit "A" PUD Master Plan, iljustrates the proposed development and is conceptual in nature. Proposed tract, lot or 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. Amendments shall be permitted subject to the provisions of Section 2.3 and 2.6 of this PUD document, and Section 2.7.3.5 of the Land Development Code. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. MONITORING REPORT AND SUNSET PROVISION Ao The Vanderbilt Trust 1989 PUD shall be subject to the Sunset Provisions Section 2.7.3.4 of the Land Development Code. of AGENDA ITEM OCT 1 2 1999 Pg. .,~o 4.5. 4.6. 6/23?99-5730? Ver: 01 !-WARNOLD 03167-000-000-PPUD- 1 $254 Bo 4-2 An annual monitoring report shall be submitted pursuant to Section 2.7.3.6. of the Collier County Land Development Code. TRANSPORTATION Ao Primary site access shall be from Vanderbilt Beach Road and shall be consistent with the County's Access Management Policy, Resolution 92-422, as amended. The project access point to Vanderbilt Beach Road as shown on the PUD Master Plan, Exhibit A, is conceptual and the actual project access point shall be located in accordance with the County's Access Management Policy. The developer shall be responsible for the installation of arterial level street lighting at all project entrances prior to the issuance of any certificates of occupancy. Co Road impact fees shall be paid in accordance with Ordinance 92-22, as amended, and shall be paid at the time building permits are issued unless' otherwise approved by the Board of County Commissioners. Do The property owner shall reserve for additional Vanderbilt Beach Road Right-of- Way, an area fifteen feet (15') wide along the south property boundary. This reservation shall be considered as compensating right-of-way to provide roadway and drainage related improvements as part of the future Vanderbilt Beach Road four-laning project. The dedication shall be eligible for impact fee credits and shall be granted pursuant to Impact Fee Ordinance, 92-22. Compensating R.O.W. for purposes of site-related impacts south as deceleration lanes shall not be eligible for impact fee credits. The referenced right-of-way reservation shall be transferred to Collier County in fee simple title with 60 days of written request by Collier County. WATER MANAGEMENT The development-of this PUD Master. Plan shall be subject to and governed by the following conditions: mo In accordance with the rules of the South Florida Water Management District (SFWMD), Chapter 40E-4 and 40E-40, this project shall be designed for a storm event of a 3-day duration and 25-year return frequency. Detailed water management plans including outfall locations shall be suk the time of site plan review. Drainage outfall shall be designed for discharge to the Airport Road Canal, via the Vanderbilt Beach Road right-of-way. AGEF~A lit. nitte~d°.at//7 ~ OCT 1 2 1999 4-3 4.7. .8. 4.9 6/23/9~-57307 Ver: 01!-WARNOLD 03167-O00-O00-pPuD- 18254 The development of this PUD Master Plan shall be subject to and govemed by the following conditions: Ao Water distribution, sewage collection and transmission systems shall be constructed throughout the project by the developer at no cost to Collier County and the State of Florida. Potable water and sanitary sewer facilities constructed within platted rights-of-way or within dedicated County utility easements, required by the County, shall be conveyed to the County for ownership, operation and maintenance pursuant to Collier County Ordinance No. 97-17, as amended and all State and Federal regulations and adopted policies in effect at the time of conveyance. All potable water and sanitary sewer facilities constructed on private property and not required by the County to be located within County utility easements shall be owned, operated and maintained by the developer, his assigns or successors. Bo All customers connecting to the potable water distribution system shall be customers of the County and shall be billed by the County in accordance with the County's established rates. Co Collier County shall assume ownership and maintenance responsibility for any lift station required to serve The Vanderbilt Trust 1989 PUD, should such lift station also be designed to serve adjacent site(s). I~NGINEERING A. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Land Development Code, Division 3.2. B. Work within Collier County right-of-way shall meet the requirements of the Collier County Right-of-Way Ordinance No. 93-64, as amended. LANDSCAPING Ao All required landscape buffers shall be in accordance with Section 2.4.7.4. of the Collier County Land Development Code, except that minimum buffer widths shall be consistent with those shown on the PUD master plan, Exhibit A. B° The eastern-most the greatest extent po.ssible and shall be a minimum of thirty feet (3( as shown on the PUD Master Plan, Exhibit A. landscape buffer shall consist of retained native vegetation to . OCT I 2 1999 4.10. 4.11. 4.12. 4.13. 4.14. 6/23/99-57307 Ve~ 01!-WAKNOLD 03167-000-000-ppIJD- 18254 4-4 ENVIRONMENTAL 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 Staff for review and approval prior to final site plan/construction plan approval. This plan shall include the methods and time schedule for removal of exotic vegetation within conservation/preservation areas. 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. Co Petitioner shall retain a minimum of 15% of the PUD of the native vegetation on site as required by Section 3.9.5.5.4 of the Collier County Land Development Code. ACCESSORY STRUCTURES Accessory structures shall be constructed simultaneously with or following the construction of the principal structure(s). Temporary offices to be used for sales functions and/or construction offices may be constructed prior to the construction of principal structures. SIGNS All signs shall be in accordance with Division 2.5 of the Land Development Code. pOLLING PLACES Pursuant to Section 2.6.30 of the Land Development Code, at the written request of the Collier County Supervisor of Elections, provisions shall be made for the future use of building space within common areas for the purposes of accommodating the function of an electoral polling place. HISTORICAL/ARCHAEOLOGICAL or other construction activity, a historic or archaeological artifact or i found, the developer shalJ invoke the procedures as established in Sectior of the Collier County Land Development Code. The subject property is located outside an area of historic/archeological probability and therefore is granted a waiver pursuant to Section 2.2.25.3.10 of the Collier County Land Development Code. If during the course of site clearing, excavation 2.2. .8.1/7C_' OCT t 2 1999 EXECUTIVE SUMMARY PETITION VAC 99-002 TO VACATE A PORTION OF THE 15' WIDE AND A PORTION OF THE 30' WIDE DRAINAGE AND UTILITY EASEMENTS ON LOTS 6 AND THE NORTH ¼ OF LOT 7, ACCORDING TO THE PLAT OF "SOUTHWIND ESTATES", AS RECORDED 1N PLAT BOOK 11, PAGES 16 THROUGH 17, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 25 EAST, AND TO ACCEPT A 10' WIDE AND A 15' WIDE DRAINAGE AND UTILITY EASEMENT AS A REPLACEMENT EASEMENT. OBJECTIVE: To adopt a Resolution to vacate a portion of the above-described 15' wide and 30' wide Drainage and Utility Easements and to accept a 10' wide and a 15' wide Drainage and Utility Easement as a replacement easement. CONSIDERATIONS: Petition VAC 99-002 has been received by the Planning Services Department from Hole- Montes & Associates, Inc., as agent for the petitioner, Gulf Coast National Bank, requesting the vacation of a portion of the above-described 15' wide and 30' wide Drainage and Utility Easements to accommodate proposed construction of a bank building. They are also requesting that Collier County accept a 10' wide and a 15' wide Drainage and Utility Easement as a replacement easement. Letters of no objection have been received from all pertinent agencies. Zoning is P.U.D. FISCAL IMPACT: Planning Services has collected a $1,000 "Petition to Vacate" fee from the petitioner which covers the County's cost of advertising, recording and processing the Petition. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners: 1. Adopt the Resolution for Petition VAC 99-002 for the vacation of a portion of the above-described 15' wide and 30' wide Drainage and Utility Easement; and 2. Approve and accept the replacement easement: and 3. Authorize the execution of the Resolution by it's Chairman and to record a certified copy of the Resolution in the Official Records; and 4. Request the Clerk to the Board to make appropriate marginal notes on the recorded plat. PREPARED BY: Rick Grigg, P.S.M. REVIEWED BY: ~- DATE: Thomas E. Kuck, P.E., Engineering Review Manager REVIEWED BY: R.o~i~~~ ~ P~.)anm~ ~e~ices ~r~//'~J~//~ . Vincent A. Cautero, AICP, Administrator Community Development & Environmental Services DATE: DATE: DATE: AGENDA frEM OCT I 2 1999 1 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 RESOLUTION NO. 99- RESOLUTION FOR PETITION VAC 99-002 TO VACATE A PORTION OF THE 15' WIDE AND A PORTION OF THE 30' WIDE DRAINAGE AND UTILITY EASEMENT ON LOT 6 AND THE NORTH 1/2 OF LOT 7, ACCORDING TO THE PLAT OF "SOUTHWEND ESTATES", AS RECORDED IN PLAT BOOK 11, PAGES 16 THROUGH 17, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 25 EAST, AND TO ACCEPT A 10' WIDE AND A 15' WIDE DRAINAGE AND UTILITY EASEMENT AS A REPLACEMENT EASEMENT. WHEREAS, pursuant to section 177.101, Florida Slatmea, Hole-Montes & Associatea, Inc., as agent for the petitioner, Gulf Coast National Bank, does hereby request the vacaUon of a portion of the 15' wide and a portion oftbe 30' wide drainage and utility eaaemem on lot 6 and the north tA of lot 7, according to the plat of"Southwind Estates", as recorded in Plat Book 11, Pagca 16 through 17, Public Records of Collier County, Florida, located in Section 26, Township 48 South, Range 25 East, and to accept a 10' wide and a 15' wide drainage and utility easement as a replacement easement. WHEREAS, the Board has this day held a public hearing to consider vacating a portion of said 15' wide and a portion of said 30' wide Drainage and Utility Easement, as more fully described below, and notice of said public hearing to vacate was given as required by law, and WHEREAS, the granting of the vacation will not adversely affect the ownership or right of conveniem access of other property owners. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the following be and is hereby vacated: See Exhibit "A" attached hereto and incorporated herein. BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the 10'wideandthe 15'wide Drainage and Utility Easement, more particularly described in Exhibit "W' --~ohed hereto and incorporated herein, is hereby accepted as the replacement easement for the Drainage and Utility Easement vacated hereist BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record a certified copy of this Resolution in the Official Records of Collier County, Florida, and to make proper notation of this vacation on the recorded plat as referenced above. This Resolution adopted alL-r motion, second and majority vote favoring same. DATED: AVl'EST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA Approved as to form and legal sufficieycy: H~i F. A.~~ A~sistant County Attorney BY: PAMELA S. MAC'KIE, Chairwoman OCT 1 2 1999 Z UTILITY EASEMEN~i~tn: 2476371 OR: 2546 PG: 1379 RiC0RDI0 in O~HClAL RRg0RDS of C0LLIIi C0UN~, ~L 05/12/199g at 03:317# MIGHT I. BR0gl, gl, IH gOi,q 10. O0 Exhibi~ "B" Rig fll 15.00 sheet ~ o~ ~ I)OC-.?O .?0 VAC ~.002 gOt)liS 3.00 GOODLITTR CO~II~I I! AL da 4001 TA#IANI TRAIL NORTH J30O, N-~ FL THIS EASEMENT granted on this y of May, IJ~! IV I~K~LF COAST NATIONAL BANK, a national banking association (hereinafter referred to as "Grantor"), to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE' COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns (hereinafter referred to as "Grantee"). WlTNESSETH: That the Grantor for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other valuable consideration paid by the Grantee, receipt of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, its successors and assigns, a perpetual, non- exclusive easement, license, and privilege to enter upon and to install and maintain drainage, and water and sewer utility facilities, on the following described lands being located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. TO HAVE AND TO HOLD the same unto the Grantee and its assigns, together with the right to enter upon said land, excavate, and take materials for the purpose of constructing, operating, and maintaining drainage and utility facilities thereon. Gramor and Grantee are used for singular or plural, as the context requires. IN WITNESS WHEREOF, the undersigned Grantor has duly executed and delivered this instrument the day and year first above written. Signed, Sealed and delivered in the Presence of: Printed Name: GULF COAST NATIONAL BANK, a national banking association By: Scnior~utive Vice President C:\KRJ\GCNB Collier. Easemem (Page I of 2) AGEI~A ITEM No.c''' OCT 1 2 1999 This inszrumem Pr, tared By: Ke~ R. Joh~o , E~.pg' ~ ~1~. Cole~r z J~n, r.n. ~1 Ta~ T~fl No~, ~i~ ~ Naples. ~ ~103 OR: 2546 PG: 1380 STATE OF FLORIDA -- COUNTY OF COLLIER Sh~ 2 of 6 ?Cd VAC 99-O02 The foregoing instrument was acknowledged before me on this y of May, 1999, by JOHN D. CLARK, who is personally known to me, as a Senior Executive Vice President of GULF COAST NATIONAL BANK, a na[ional banking association, on behalf df the bank. ~otary Pu/~~lic - Print Name' State of Florida at Large My Commission Expires: (Notary Seal) C:\KI~I\GCNB Collier. Easement (Page 2 of 2) AGENDA ITE~ ~ 17~ OCT 1 2 1999 *** OR: 2546 PG: 1381 *** M Exhibit "B" Sheet 3of6 VAC 99-002 N 8g'56'15" [ 17592' $ 89'56'15" w 136.69' N 89'56'15' E 136~83' 5 89'56'~5" W 177 12' I,- 3o. oa' J J~S 89'56'15" w ,! CCT12199~, qt-~te of F?~IDA ]i.j.:~ty of COLLIER I ~E:;E~Y CErTiFY THAT this is a trt~ emu c,.,,rett ~cpy of J C~cument recorded !~ DOC-. 70 ~':~T. ILITY EASEMEN~APLBS FL ill10) r~hi~ "I~' VA~ ~-002 .~. THIS EASEMENT ~ramed on {his ~;ay of May, lg9g, by GULF COAST NATIONAL BANK, a national banking association (hereinafter referred to as "Grantor"), to {he BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns (hereinafter referred to as "Grantee"). 2479755 OR: 2549 PG: 0074 HCORHD in OFFICIAL HCORDS of COLLIER COUMYY, FL 05/20/1999 at 08:08~ DWIGHT B. BROCK, CHH HC H! 15.00 WITNESSETH: That {he Grantor for and in consideration of{he sum ofTEN AND NO/100 DOLLARS ($10.00) and other valuable consideration paid by {he Grantee, receipt of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, its successors and assigns, a perpetual, non- exclusive easement, license, and privilege to enter upon and to install and maintain drainage, and water and sewer utility facilities, on the following described lands being located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. TO HAVE AND TO HOLD the same unto {he Grantee and its assigns, together with the right to enter upon said land, excavate, and take materials for the purpose of constructing, operating, and maintaining drainage and utility facilities thereon. Grantor and Grantee are used for singular or plural, as the context requires. IN WITNESS WHEREOF, {he undersigned Grantor has duly executed and delivered this instrument the day and year first above written. Signed, Sealed and delivered in the Presence of: GULF COAST NATIONAL BANK, a national banking association By: Sen~'xecutive Vice President C:\KRJ\GCNB Collier. Easement (Page I of 2) This Instrument Prcmred By/ ~ R. Z Y Goodlcue, Colcrdan & Io . / . 4OOI Tammmi T~il No,ia. SuRe 300 OCT 1 2 1999 OR: 2549 PG: 0075 STATE OF FLORIDA E~ "B' COUNTY OF COLLIER sm ~ ot 6 VAC 99-002 The foregoing instrument was acknowledged before me on this /t~f~day of May, 1999, by JOHN D. CLARK, who is personally known to me, as a Senior Executive Vice President of GULF COAST NATIONAL BANK, a national banking association, on behalf of the bank. State of Florida at Large My Commission Expires: (Notary Seal) ~:~ :~ MY COMMISSION # CC 7266'~4 I1~;..,~:.i EXPIRES: ~ 16 2002 C:\KRJ\GCNB Collicr. Easemcnt (page 2 of 2) OR: 2549 PG: 0076 Ex.bit Sheet 6~ 6 VAC LOT ~B s8g'56'15"W 175.92' 10/29/98 THU 14:52 FAX 19412623074 HOLE ~ONTES ATTACI~L"NT B PETIT~QN FORM FOR VACatiON OF ~LATS O~ ~O~T~ONS · OF ?LATS 9F SUBDIVID£O ~ [EXCEPT FOR VACATION OF PLAT AND SIMULTANEOUS REPI~T] Date ~ec~ive~: /~/~-~ ~i~i~n ~:~ Vetitioner(O~er)= GuI~ Coast-Nac~onal Bank Address: 3838 M~h. T~m~mi Tra~l City/State: Nap!e=~ FL Agent: Hole, Montes & Associates~ Inc. Address: 715 Tenth Street Sdutn Il City/S~ate:_ Naples, FL Telephone: 941~2b1-~262 Zip Code: 34103 Telephone: 941-262-46~7 Zip Addrems of Subject Proper~¥: Imm0kalee Rd. & Parnu St. City/State: Naples, FL Location: Section 26 m · Code:__3~ Township 48SZ1p Range Legal Description: Lot 6 & 7 Su~ivision:_ ~outhwind Es$~es Plat Book 11 , Block Unit Pa~e(s) ]_6. 17, Reason for Request~_.Easements are not b~ing utilized Curren= Zoning: PUD. affect density? No Does this I ~ereby Authorize Agent Above to Represent Me for P~~~ion: ,¥,es NO X  i~n~re of Vetltioner /OWner) Jerry J. Williams Chairman, CEO & President Date' Chairman, CEO & President Print Name (Title) Please see "Policy and Procedure of Vacation and Annulment" for the list of supportive materials which must accompany this petition, and de}iver or mail to: *{[) {~) (4) Transpcr~ation se~'vlces Collier County Government Complex Naples, FL 33962 Telephone: (941} 774-84~4 If appiicant is a land trust, indicate the na~e of beneficiaries. If applicant is a corporation other ~han a publ£c corporation, indicate the name of officers and maJo= stockholders. If applican= i~ & part~ership, limited partnership or other business entity, indicate the name of principals. Lis= all other owners. ~00~' Page 4 of 4 OCT I 2 1999 Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt I Trans Number tDate PostDate l Payment Slip Nbr 120128 03/1011999 9:16:26 AM 03/10/1999 MS 49986 GULF COAST NATIONAL BANK New or Exist: N Payor: GULF COAST NAT BK Fee Information Fee Code I Description 12PVAC PETITION TO VACATE IGL Account 11313890032910000000 Amount $1000.00 Total $1000.00 Waived Payments IPayment Code CHECK l Account/Check Number ~ 5630142 Amount $1000.00 Memo: Petition to Vacate CK #5630142 Total Cash ] $0.00I Total Non-Cash $1000.00 Total Paid f $1000.00t Cashier/location: FROLOFF E / 1 User: KIRK D Collier County Board of County Commissioners CD-Plus for Windows 95/NT 'AGE. NO~A ITF.~ Printed:03/l~ ~1999 9:16:57 AM OCT 1 2 1999 ,, Pg._ ~/ __ COLLIER COUNTY TAX COLLECTOR COURTHOUSE - BLDG. C-1 NAPLES, FLORIDA 34112-4997 (941) 774-8171 C. F. C. FEB - 2 i: CERTIFICATE OF NO TAX DUE To: Dwight E Brock Clerk of the Circuit Court and Hole, Montes & Associates, Inc 715 Tenth St S, P.O. Box 1586 Naples, FL 34106-1586 Re: Southwind Estates Id#'s 74510240001, 74510300006 & 00166600001 Desc: Southwind Estates Lot 6 & North 'A of Lot 7 & 26S 48T 25R Parcel A THIS IS TO CERTIFY THAT, in accordance with the provisions of Chapter 197.192, Florida Statutes, all ad valorem taxes due and payable on the above described real property have been paid in full, as required by law as a prerequisite to filing or recording any drawing or plat of the division or subdivision of any land, or declaration of condominium of such land, in the public records of Collier County. The issuance of this certificate, however, shall not preclude the assessment and collection of ad valorem taxes subsequently determined to be due this county and state. GIVEN UNDER MY HAND AND SEAL THIS IsT DAY OF FEBRUARY, 1999. GUY L. CARLTON COLLIER COUNTY TAX COLLECTOR AGENDA ITEM OCT 1 2 1999 · FROM : GOODLETTE, COLEMAN I/etn: t00! TAI~IAMI 941 4~S 1218 1~g8,07-~1 14:46 ~787 P.04/0S o]/2U98 at os:~5~ PRIGS? 1. B~OC[, CH~ ~OC-.?0 350.00 CO~II~ 1.00 KI$C I.~0 WARRANTY DEED e -ooZ TH-IS DEED rnad~ on this 24~ day of March, 1998 between ROBERT R. ZELLERMAYER and JACQU~..LINE I. ZELLERMAYER, husband and wife ('Grantors"), and GULF COAST NATIONAL BANK,.a national banking assodafion organized and existing under the laws of abc United States CGrantee") who§6 post_office address is: P.O. Box 413040, Naples, FL 33941-3040. Thc Grantors, in con.si&ration of~e sum ofTEN ~ NOIIO0 DOLLA_RS ($10.00} and other' gc~cl and valuable consicl~rations to said Grantors in hand paid by thc Grant. c, the receipt of which is hureby aclmowledgexi, have grantext, bargair~d Rna sold to ~ said Gra.rg~ a_mi Grm'~tec's heirs, su¢ce, ssors and assiEas forever, ~e following descn'l~d property, situated, l~ng and being in Collier County, Florida, to wit: The North mm-half of Lot 7, SOUTHWIND ESTATES, according to the plat thereof recorded in Plat Book 11, at Pages 16 and 17, of the Public Records of ColLier County, Florida. Tax Folio Number: 74510280003 SUBJECT TO: real estate taxes for the year 1998 and subsequent years; zoning, building code and other use restrictions imposed by govermi~emal authority; restrictions and easements common to the subdivision provided however no one of them shall prohibit use of the property for commercial purposes. And said C_n~ntor~ do hereby fully warrant the rifle to ~aid land. and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF. the undersigned Grantors have duly executed and delivered this instrument on the day and year first above written. Signed, Sealed and delivered in the Presence of: Kenn,.th L Jo~a. ~q. O~leRe, Coleman & lo,on. P.A. a~l Tamianfi TraR No~. Suite 3~ Naplcx. ~ 3a 103 A GEY, IOA ITEK OCT 1 2 1999 Pg. ~ROM :GOODLETTE, COLEMRN -x 941 45S 1218 1~c]8o07-51 i4:47 ~?@? P.SS/ '" "*** OR: 2402 PG: 0719 STATE OF FLORIDA COUNTY OF COLLIER v~¢_. ~q'- ooa THE FORE/3OING INSq~,UM'~NT ,.vas aclalowledged before me on this ..24th day of March, t99R, by ROBERT R. ZELLERIVIAYER and ~IACQUELIN'E L ZELLERMAYER, husband and wifc (___) who an: i~rscoally known to me or ( v/'3 who producccl their respective ~vr~'sJJcense as identification. ~, Sta~ of ltlpri~a at Large (Notary Seal) (Page 2 of 2) AGENOA I!'F~d GCT 1 2 1999 '. I='Ror~ : GOOI:~TTE, C~ Tiffs L,~trument Prepared By and Return to: Timo~y R. PanT, F. sq. 2215 Rcgal Way Na0l~, FD 34108 I, rol~rty Apprni~cr's Propcxty I.D. Numbc~s): 74510240001 anti 00166600001 This Wasxanty Deed is Prepared Without the Benefit of Title Review or Opinion. WARRANTY DEED v,~,- qq- ooa THIS V~ARRANIY DEED. ,node B~G. ~C.. a ~om~on ~ing ~d~ P~u ~eet. Napl~. Florida ~4110. he,nailer mllM dre Gm,or. to ~ ~]-~0. ~ cpll~ ~ Gr~e~' WITNESSI.TI'H: rhut th. a~l ~r, for t~t in ct,a~v~ g*tla sun of $1o. 0o and oOar ~du~lt confidingly, Grantee all that ce. hain land ~ituatc bt Collitr County, ~rate of Florida, viz: See Exhibit "A' attached hereto and made a part hereof by reference. and mineral interests of record, if any. and restrictimat and easements cmnmon to the xubdivis~n. TOGETI-IKR ,,it~ ua a,e ~tv.=ux, h,.redilatn~nl~ and appurtttu~ic~ lher~to Lw_langing or in anyway appertaining. , TO HAVE AND TO HOLD the ~a,nt inf~e simplefore~.r. z~ND the ~anror htmeOy covent~ v~ ,~l Grrmtt= that it Lv Infinity .v~t.~ ors'aid l~d in fee simpS' Dial it liar good right and ltm~tl authority to sell and convey said land; that it hereby fully v~arnmt, t the rlrle to said land and will dtfend the same againat the lawful cltt. incr qf all per~ovz lvhont~'oever; and that s'aid luntl ix.tree of all ~::~, ~ccept tax~ accruing tubs .equtnt to De. cembo- $1, 1996. IN W~s W~zl~R-EOF ~ the said ~r htar mused thee preaen~ ~o be ~_,ec, t~W in irs name aruf i~ corpor~e ~aal to be hcramIo affixed by itt proper officer~ thereunto duly authorized the day and year first above writttn. NORTH COI_LI~R MI~DICAL BUILDING, INC., a Ftorida Corpor~on Timothy R.. Pa~. ~-¢~t~Pr. .,~ (COP. POP. ATE $~AL) I~I'ATE OY YLORIDA COUNTY OF COTI rPR I HE.BY C~ ~at on ~s day bdorc mc, ~ offi~ duly qualifi~ W ~ ~~, p~y ~ ~c~s) de~~ocx~t~c~rcgoi.gi~orw~(~vc)pr~ ~0~ ~ ~ __ ~ i~6fimfion. Wi~q my ~ ~ offi~ ~ in ~ ~un~ ~ Sram h~ ~d ~ ~lab ~y of ~M ~ Not~ Pubic - P~d N~e My Commission Expires: (SEAL) Match lO, 1~7 Comm. No. AGENDA OCT 1 2 1999 Pg. ~ FRO~ :GOODLETTE, COLEMA~ EXI[ I L~I'.r' "A" OR: 22?8 PO: 1564 Parcel A: A parcel of land located in the Norzheast 1/4 of the Northwest 1/4 of Section 26, Township 48 South. Range 25 East, Collier County, Florida, bein~ more particularly describ~ as follows: COMMERC~ at ~he Northeast corner o~ the Northwest 1/4 of Section 2~. TownDhip ~8 Sou=h, Range 2~ Bast, Collier County, Florida. the same bein~ a.poinn of the NorChsrlY ri~ht-o~-wa}~ line of Immokalee Road. S.R. S-846, a 100 foo= right-of-way; Thsnce run $00~36'49"E alon~ the East line of =he Northwest 1/¢ o~ the said Secb~on 26 for a distance of 100.00 fee~ to a point on .the Southerly right-ur-way line of Immckalee Road and the poin~ of be~innin~ of ohs parcel o~ lazed herein described, thence conulnue 800°36'49"E alon~ tile East llne of the Northwes~ 1/4 of ~he said Section 26 for a distance of 11 a='Page~ 16 ~d 17 of =he Public Records o~ Collier County, Florida; thence run $89o56,1S"W, mloz~ the Notch line of th~ ~aid Loc 6 for a dist~lce of 150.%9 feet uo the Northwest corner of said Lo~ 6 an~ a point on the Easterly right-of-way ll~e of ~arnu Surest, a 60.00 £oo~ right-of-way, t~ sam~ bsln~ a point on a circular curve concave =o the Wes=, whose radiuz point bzars N85,33'~"W. a ~is.~ance of 510.0~ feet therefrom; [hence run ~ortherly alon~ ~he arc o~ said curve uo the left, ~he same being u~e Easterly ri~ht-of- ~ay line o~ Parnu Street, having a radiu~ of'510'.O0 feet, through a central angle'of 0q"30'39", subtended by a chord of ~0.1~ 'feat at a bearing of N0~°11'35"~, for a dls~ance of 40.15 fe~t to the end of sai~ curv~; thence run N0Ou03'4~"W, alon~ the Eas[erly right-of-way line of Parnu Stree~ £0~ a di~ance of 209.89 feet to a poin~ on the ~ou=herly risht.-of- way line o~ Immokalee Rd; thence run N89°~G'lb"E along the bESS A~ EXCEPT approximately ~he North 50 fee~ chereo~ which was con~eyed ~ Collier County for rued right-of-way by ins=rumen~ recorded in OR Book 1500, pa~e 29%. Public Records O~ Collier C~ur~w, Plor~4a Descrip~io~ from OR Book 1577, pagms $64 az~ ~65, Pu]~lie Records of Collier County, Florida. AND Lot 6, SOUTHWIND ESTATES, recorded in Plat Book il, Pages 16 and 17, of the Public Records of Collier County, Florida. OCT 1 2 1999 · ~he~ lof8 VAC 99-002 FC[~2I OCINRI ID[7451828666311652266681861[ I FOLIO STRAP 637988 ORB/P[ 2381l/[2242] SALE DATE [21l[8198l $ AHT [ 8] ACRES [ ,51] TRS->[48][25][26] LEGAL-1 -2 -3 -4 [7451828888310NNER> RAHSEYo TIHOTHY H=& PATRICIA L 73A26 1389 NILDNOOD LAKES BLUD APT 8 NAPLES SOUTHWIND EST S1/2 LOT 7 -- CERTIFIED -- 1998 TAX ROLL CURRENT-EX-AHT HHSTD-X $ [ 81 ~ 188X-X $ [ 8] CIU-X ~ [ 8] UET-X $ [ 6] BLD-X $ [ 6] WID-X ~ [ 8l ~i AG-X $ [ ~] ~i OH-X $ [ 6] 10/16/1998 02:53 PM HILL-CODE [ 133] HILL-RATE [14,6141] -1998- FL 34164 6418 AREA NA CERT-97-UAL CERT-98-UAL [ 88] LND $[ 51599] [ 36689] L-USE IHP ~[ 9l [ 6l XKT $[ 51596l [ 38666l ASD ~[ 51566] [ 36696] TAXABLE S[ 51566] [ 36666] CNTY $[ 169,92] HSTU $[ 21,57] S-SL $[ 186.66l YHB $[ 17.26] S-LB 8[ 79.74] ISD ~[ 36.58] CITY $[ .99] UADP ~[ 1.51] SITE [NA PARNU (1998 TAXES) TOTAL -CERTIFIED- ST 16916] 447.18] RES477 A'G'ENDA I1 C, CT I 2 1999 Sl~t 2ofg VAC 99-002 Rpl Po F~ UT UL FC[~2] OC[NR] ID[74516326662][65228666166][ FOLIO [74516326662] OI~NER> PEZZULO, #ICK:& HRR¥ STRAP 63?966 83A26 18916 PARNU ST ORB/P[ 1546]/[1873] SALE DATE [ 28 ] [ 6696 ] ~ ANT [ 6] NAPLES FL ACRES [ 1.62] TRS->[ 48 ] [ 25 ] [ 26 ] .EGAL-1 -2 -3 -4 CURRENT-EX-AHT HHSTD-X ~ [ 25888] HILL-CODE 188Z-X * [ 6] [ 133] CNT¥ ~[ U-X * [ 6] S-SL $[ UET-X * [ 8] HILL-RATE S-LB *[ BLD-X * [ 6] [14.6141] CITY $[ ~ID-X ~ [ 6 ! -1998- RG-X * [ ~ ] HH-X * [ ~] SOUTHWlND EST LOT 8 OR 1546 PG 1873 -- CERTIFIED -- 1998 TAX R0LL SITE INA PARNU 34169 1481 AREA Nfl CERT-9?-URL CERT-98-UAL [ 61] LND $[ 51686] [ 61286] L-USE IHP *[ 119936] [ 121952] HAT $[ 179936] [ 183152] ASD ~[ 166219l [ 162943] TAXABLE ~[ 135219l [ 137943] 495.54] HSTU 8[ 814.42] WHB SI 359.48] ISD ~[ .99] UADP ~[ 97.25l 77.53l 164.88] 6.83] (1998 TAXES) TOTAL 8[ -CERTIFIED- ST 19919] 2615.93] RES47? 10/16/1998 02:54 PM AGENDA ITEM OCT 1 2 1999 She~ 3 of ~ VAC ~-002 FOLIO [745186488891 OWNER> ZIXELI, ALFRED=& RITA -- CERTIFIED -- STRAP 637988 163A26 3852 KINGS LAXE BLUD ORB/P[ 2321]/[2311] SALE DATE [11][8697] 8 AHT [ 566891 ACRES [ .58] TRS->[48 ][ 25 ] [ 26 ] LEGAL-1 -2 -3 i XXSTD-X 8 [ ! 188~,-X 8 [ i czu- ~ UET-X i BLD-X flG-X 8 [ WH-X 8 i NAPLES SOUTHWIND EST LOT 16, LESS THAT PORTION DESC AS: COX NE CNR LOT 16, S 3'45"E 7AFT, S 77DEG W 188.43FT, S 38DEG W CURRENT-EX-AHT 8] HILL-CODE 8] [ 133] 81 8] HILL-RATE 8] [14.6141] 6] -1998- 8] 8] 1998 TAX ROLL FL 3411Z 3615 AREA NA CERT-97-UAL CERT-98-UAL [ 66] LND 81 25689] [ 36666] L-USE IHP 8[ 61 [ 91 HHT 81 25686] [ 38886] ASD 8[ 25688] [ 38886] TAXABLE 8[ 25666] [ 36666] CNTY 8[ 187.77] HSTU 81 21.15] S-SL 9[ 177.12] YHB 91 16.86] S-LB 91 78.18] lSD 9I 35.861 CITY 91 .68] UADP 9[ 1.49] SITE [HA UILSAND (1998 TAXES) TOTAL -CERTIFIED- RUE 1958] 438,43] RES477 10/16/1998 02:55 PM ,/ AG~.NDA field OCT 1 2 1999 Sbee~ 4of'8 VAC 9~-002 Rp! Pa Fa UT UL FC[I~2] OC[NR] ID[745186699951165228888198][ FOLIO [745186689851 OI~NER> RRBREE, dRNET U STRAP 637999 16,13A26 1959 UILSRND RUE ORB/P[ 2451]/[1491] SALE DATE [141188981 ~ AHT I 91 ACRES [ ,581 TRS-> [ 48 ] [ 25 ] [ 26 ] ..L.., EGAL-1 -2 -3 -4 CURRENT-EX-AHT HHSTD-X 8 [ 25888 ] 188~.-X 8 [ 8 ] CIU-X 8 [ 9] UET-X 8 [ 8 ] BLD-X 8[ 8] IJID-X 8 [ 8 ] AG-X 8 [ 9 ] I,JH-X ~; [ 9] NAPLES SOUTHWlND EST THAT PORTION OF LOT 16 DESC AS: COX NE CNR LOT 16, S 3'45" E 79FT, S 77DE6 W 196.43FT, S 36DEG ~ 168.92FT, HILL-CODE [ 133] HILL-RATE [14.6141] -1998- SITE [NA -- CERTIFIED -- 1998 TAX ROLL FL 34199 1499 AREA NA CERT-97-UAL CERT-98-UAL [ 91] LND 8[ 25666] [ 36669] L-USE IMP 8[ 6] [ 81519] MKT 8[ 25669] [ 111519] ASD 8[ 25889] [ 111519] TAXABLE 81 25999] [ 86519] CNTY 8[ 318,86] HSTU 8[ 69,99] S-SL 8[ 519,81] WHB 8[ 48,62] S-LB 8[ 225,47] lSD 8[ 193,42] CITY 8[ ,66] UADP 8[ 4,28] (1998 TAXES) TOTAL 8[ -CERTIFIED- 637999] 1264.39] RES477 10/16/1998 02:55 PM AGENDA ITEM OCT 1 2 1999 Sheet 5 or' 8 VAC 99-002 FC[~2I OCITR! ID1745187888841[652288881691[ FOLIO 1745197996641 Ot4NER> RICHflRDS, LOU fiNN STRAP 637999 17.13A26 2366 H~RU~RO flU[ ORB/P[ 2466]/[ 663] SALE DATE [ 19 ] [ 6998 ] 8 AXT [ 49686] ACRES[ .46] TRS->[48][25][26] LEGflL-1 SOUTHgIND EST -2 17 -3 -4 CURRENT-EX-AHT HHSTD-X 8 [ 6 ] 168Y.-X 8 [ 9 ] ClU-X 8 [ 6 ] UET-X 8 [ 9 ] BLD-X 8 [ 6 ] AG-X 8 [ 6 ] UH-X 8[ e] FORT HYERS S 116FT OF LOT HILL-CODE [ 133] HILL-RATE [14.6141] -1998- SITE [ -- CERTiFiED -- 1998 TAX ROLL FL 33967 4233 AREA NA CERT-97-UAL CERT-98-UAL [ 66] LND 8[ 91 [ 27666] L-USE IHP 8[ 9] [ 9] HKT 8[ 9] [ 27666] ASD 8[ 9] [ 27666) TAXABLE 8[ 9] [ 27666] CNTY 8[ 99.15] HSTU 8[ 19.46] S-SL 8[ 162.951 WXB 8[ 15.51] S-LB 8[ 71.93] ISD 8[ 32.99] CITY 8[ .69] UADP 8[ 1.37] (1998 TAXES) TOTAL 8[ -CERTIFIED- 637999] 483.36] RES477 10/16/1998 02:57 PM She~ 6of 8 VAC 99-OO2 Rp! Po Fm UT UL FCIC2] OC[NR] ID[74518688881][65228888188][ FOLIO STRAP 637988 173A26 ORB/P[ 2464]/[ 6?6] SALE DATE [28][6998] $ AXT [ 56888] ACRES [ ,38] TRS->[48][25][26] ~.EGAL-! SOUTHYIND EST LOT 17, LESS S -2 118FT -3 -4 [74518688881] ONNER> YEBER, YILL]RH N:& KERRY R 787 184TH RUE N CURRENT-EX-AHT HHSTD-X $ [ 61 188X-X 8 [ 81 il CIU-X 8 [ 8] ,[ UET-X 8 [ BLD-X 8 [ WID-X 8 [ 8] AG-X 8 [ 8 ] WH-X 8 [ NAPLES -- CERTIFIED -- 1998 TAX ROLL FL 34188 3238 AREA NA CERT-97-UAL CERT-Y8-UAL [ 88] LND 8[ 42888] [ 22888] L-USE IHP 8[ HXT 8[ 426661 [ 22866] ASD 8[ 42968] [ 22866] TAXABLE 8[ 42999] [ 22869] HILL-CODE [ 133] HILL-RATE [14,6141] -1998- CNTY 8[ 81,99] HSTU 8[ 16.97] S-SL 8[ 134,61] YHB 8[ 12.82] S-LB 8[ 59.42] ISD 8[ 27.25] CITY 8[ .66] UADP 8[ 1.13] SITE INA PARNU (1998 TAXES) tOTAL 8[ -CERTIFIED- ST 16913] 333.26] RES477 10/16/1998 02:56 PM .o,_17 OCT 1 2 1999 S:bm~ 7 oi~ 8 VAC 99.002 FOLIO STRAP ORB/P[ Rp! Pu Fm UT UL 8~ OC[NR] ID[ 74518728888 ] [ 65228888188 ] [ [74519728688] ONNER> HUNT, JEFFREY A=& KATHERINE H 637988 183A26 1941 BETHANY PL 1373]/[ 578] SALE DATE [161[B8881 9 AXT i 43888] ACRES [ .75l TRS->[48][25][261 LEGAL-1 -2 -3 -4 NAPLES SOUTHUIND EST LOT 18 OR 1373 PG 578 CURRENT-EX-AHT ii HHSTD-X 9 [ 25888] ~I 1662-X 9 [ 9] I CIU-X 9 [ 6l ,~{ UET-X 9 [ 6] BLD-X 9 [ 61 UID-X 9 [ B ] AG-X 9 ~ 6 ] UH-X 9 [ 6] -- CERTIFIED -- 1998 TAX ROLL FL 34199 1438 AREA NA CERT-97-UAL CERT-98-UAL [ 61] LND 9[ 37566] [ 456661 L-USE IHP 9[ 158231] [ 161288] HXT 9[ 195731] [ 286288] ASD 9[ 195584] [ 198989] TAXABLE 9[ 176584] [ 173999] HILL-CODE [ 133] HILL-RATE [14.6141] -1998- CNTY 91 624.731HSTU 9[ 122.61] S-SL 9[ 1826,761 UXB 9[ 97.74] S-LB 9[ 453.21] lSD 9[ 297.87] CITY 9[ ,96] UADP 9[ 8,61] (1998 TAXES) TOTAL 9[ -CERTIFIED- PL 1941] SITE [NA BETHANY 2541.53 ! RES477 10/16/1998 02:56 PM OCT 1 2 1999 Pg. ,~ Sh~ g of g Address of NHC Conv. Ctr.: VAC 99-002 Southwind Estates, Lots 1-5 ID#74510040007 National Healthcare LP 100 Vine Street Murfreesboro, TN 37130 AGENDA i'rEId OCT I 2 1999 COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION 2800 NORTH HORSESHOE DRIVE NAPLES, FL 34104 PLANNING SERVICES SECTION November 05, 1998 Mr. David E. Morin, P.E. Hole, Montes & Associates 715 10th Street South Naples, Florida 34102 Gulf Coast National Bank - Easement Vacations HMA File No. 98.35 Dear Mr. Morin: We have reviewed your request to vacate the 15' wide and 30' wide drainage and utility easement near the southeast comer of Pamu Street and Immokalee Road. Also proposed is a 15' wide drainage easement to be used as a replacement easement. From a planning standpoint, this de )artment has no objection to the proposed vacation. Si: :erely, 1~ >nald F. Nino, AICP Planning Services Manager RFN/mkJf:\planning/ron Building Review & Pcrmirtin~ Code Enforccmcnt Housing & Urban Improvement (941 ) 403-2400 (941 ) 403-2440 (94 ! ) 403-2330 Natural Resources Planning Services Pollution Control (941) 732-2505 (941) 403-2300 OCT 1 2 1999 COLLIER COUNTY Cg)VERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION 2800 NORTH HORSESHOE DRIVE NAPLES. FL 34104 ENGINEERING REVIEW SERVICES SECTION December 16, 1998 Mr. David Morin Hole, Montes & Associates 715 10~h Street South Naples, Florida 34102 Letter of No Objection, SDP-98-121 "Gulf Coast National Bank - Easement Vacation" (Immokalee Road & Pamu Street) Dear Mr. Morin: We have reviewed your request to vacate a 15 ft. drainage easement on the above referenced site. One easement is located near the middle of the site and runs in an east-west direction, the second is located along the east property 'line. We have no objection to the vacation of these easements. Sincerely, Senior Engineer SC/mk/f:\engineering/stan Building Review & Permitting (941) 403-2400 Natural Resources Code Enforcement Housing & Urban Improvement (941) 403-2440 (941) 403-2330 Planning Services Pollution Control OCT 1 2 1999 P~,..~..~..~ COLLIER COUNTY GOVERNMENT PUBLIC WORKS DIVISION November 2, 1998 Mr. David E. Morin, P.E. Hole, Montes & Associates, Inc. 715 Tenth Street South Naples, FL 34102 NOV. ~t log8 3301 E. TAMIAMI TRAIL NAPLES, FL 34112 (941) 732-2575 FAX: (941) 732-2526 Re: Vacation of Drainage and Utility Easement - Gulf Coast National Bank Dear Mr. Morin: This office has reviewed your request to vacate the above-referenced drainage and utility easement. The Collier County Water-Sewer District has no facilities in the area of this easement and we, therefore, have no objection to the vacation of the drainage and utility easement. Should you have any further questions, please feel free to contact me. Sincerely, Cindy M. Erb Public Works Senior Engineering Technician CC: Edward N. Finn, Public Works Operations Director Paul Mattausch, Water Director Tim Clemons, Wastewater Director Rick Grigg, Land Surveyor, Community Development AGENDA ITEM OCT 1 2 1999 P.. Preserving and enhancing Florida's quality of life since 1966 HOLE, MONTES & ASSOCIATES, INC. ENGINEERS PLANNERS SURVEYORS October 13, 1998 /VV"Mr. John Boldt Collier County Stormwater Management 3301 Tamiami Trail East Naples, FL 34112 Re: Gull' Coast National Banl~ - Easement Vacations HMA File No. 98.35 Dear Mr. Boldt: Enclosed for your review, please find the site plan for the Gulf Coast National Bank located on the southeast comer of Parnu Street and Immokalee Road. It is the desire of the bank to vacate the existing 15-foot drainage and utility easement oriented in an east/west direction near the middle of the site. The bank desires to vacate the 30-foot drainage and utility easement along the east property line. Currently, these easements are not being utilized. The bank will dedicate a 15-foot drainage easement oriented in an east/west direction near the south side of the property to handle drainage coming from offsite. It is requested that you provide a letter of no objection to the vacation of these easements. Should you have any questions regarding our request, please call. Very truly yours, HOLE, MONTES AND ASSOCIATES, INC. David E. Morin, P.E. .~~ Project Manager · Enclosures DEM:pam W:d 998\98035\dem\jbS1013.doc 715 TENTH STREET SOUTH POST OFFICE BOX !556 NAPLES, FLORIDA 34106 94%262-4617 FAX 94%262-3074 OCT 1 2 1999 Grant Pate Construction Supervisor TIME WARNER October 30, 1998 I ,o¥ 4 Igg8 Mr. David E. Morin, P.E. 715 Tenth Street South Letter of No ObjectiOn to Vacate Easements Your File No. 9&35 Dear Mr. Morin: Time Warner Cable (TWC), with fi'anchise authority in COllier County, and:Florida Cablevision Management Corporation, its operating entity, has reviewed the site plan for the above-referenCed project. This letter will serve as our letter of no objection to the vacation of the easemems. Should you have any questions hesitate to contact me. Sincerely, . or require any additional, information, please do not FOR TIME WARNER CABLE Grant Pate Construction Supervisor GP:k 1610 - 40th Terrace, Naples, Florida 34116 Tel (941) 598-1104 Fax (941) 455-2187 I418 SE Tenth Street,. Cape Coral, Florida 33990 Te! (941) 574-2020 Fax (941) 574-2813 A Division Of Time Warner Entertainment, L.P. OCT 1 2 1999 4105 15th Avenue S.W. Naples, FL. 34116 FAX 353-6082 November 2, 1998 NOV. 419¢J8 David E Morin, P.E. C/O Hole, Montes and Associates P.O. Box 1586 Naples, FL. 34106 v Ar__.. Re: Gulf Coast National Bank - Easement Vacations Dear Mr. Morin: Florida Power & Light Company has no objection to the vacation of the 15-foot and a 30- foot drainage and utility easements located at the Gulfcoast National Bank located on the southeast corner of Parnu Street and Immokalee Road as shown on your drawing 9835SL1. If you have any questions, please contact me at (941)353-6001. Sincerely, E.T. Howard an FPL Group Company A~A ITEM OCT 1 2 1999 - -Sprint December 7, 1998 Box 2X'M 2469 Naples, Florida 34106-5~k 2469 David E. Morin, P.E. P.O. Box 1586 Naples, Florida, 34106-1586 RE: Petition to Vacate - Utility Easement at Gulf Coast National Bank Site Section 26 Township 48S Range 25E Collier County, Florida Dear Mr. Morin: Sprint-Florida, Inc. has no objection to your petition to vacate the following easement: A 15 foot utility easement oriented in an east/west direction near the middle of the site of the Gulf Coast National Bank located on the southeast comer of Parnu Street and Immokalee Road. If we can be of any further assistance, please contact me at 263-6211. Sincerely, D.A. Corbin Network Engineer II DAC/jw cc: Easement File OCT 1 2 1999 I ' AO-JF~NO A ITF.,.M OCT 12 1~99 UNIT NQ ~ ' ~ ~ ~ ' ' ,'- '~ ...... 3, ' ' - '-- ~N ~t~ CO~ SEC ......... o ~. 4~. ~ ~ ............... ~ ~::: - c~=,,~ ,~ o,4016 ~' I t e=~5 ~. } ~...o ,~ ~.~, I ~'"'~"'- ',~1' I I'" . -: J 't . ...: ::::.': :.::_ .:. ~-:. --. -~ .~,~ - . ~- '. , ,'. ' I e~O~ ' · - - ' c , ~C,l ~ ~ ~;'~'' I.''. · ~ I1~ IO'UTIL. ESMT.~ ', " 1~~'; · --~ . ~ '1~>~'-~- -'~- " O0 ~ ~ ; ..... ~ ,~ / - ~ ; I . I EXECUTIVE SUMMARY PETITION VAC 99-003 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN THE EAST 565.38 FEET OF THE 84' WIDE ROAD RIGHT OF WAY SHOWN AS "FALLING WATERS BOULEVARD, TRACT D" ON THE PLAT OF "FALLING WATERS REPLAT" AS RECORDED IN PLAT BOOK 19, PAGE 7, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND BEING LOCATED IN SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST AND TO ACCEPT A 15' WIDE UTILITY EASEMENT. OBJECTIVE: To adopt a Resolution to vacate the above-described road right of wa~ and to accept a 15' wide Utility Easement. CONSIDERATIONS: Petition VAC 99-003 has been received by the Planning Services Department from Douglas A. Wood, Esq., of Siesky, Pilon & Wood, P.A., as agent for the petitioner, Falling Waters Recreations, Inc., re, questing the vacation of the East 565.38 feet of the 84' wide Road Right of Way platted as "Falling Waters Boulevard, Tract D". Thc commercial development that was contemplated at the intersection of Falling Waters Boulevard and proposed Santa Barbara Boulevard has been eliminated, so the road connection is no longer needed. A Site Development Plan has been approved to allow recreation facilities to be built on the parcel that is proposed to be vacated. A 15' wide Utility Easement is being given to accommodate the existing water main within this parcel. Letters of no objection have been received from all pcrtinem agencies except for the Collier County Transportation Department. Zoning is P.U.D. FISCAL IMPACT: Planning Services has collected a $1,000 "Petition to Vacate" fee from the petitioners which covers the County's cost of advertising, recording and processing the Petition. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners: 1. Adopt the Resolution for Petition VAC 99-003 for the vacation of the above-described road right of way; and 2. Authorize the execution of the Resolution by it's Chairman; and 3. Direct the Clerk to the Board to record the replacement easement documents and to record a certified copy of the Resolution in the Official Records and to make proper notation of this vacation on the recorded plat as referenced above. PREPARED BY: REVIEWED BY: Rick Gfigg, P.S.M. Pl~ng Se~s ~o~ E. Kuc~ P.E., Ensnaring R~ ~ger ~~D BY: ~ f ~n m~he~, ~Ce ~PRO~D BY: V~nt A. ~u~m, ~CP, A~ini~tor DATE: DATE: AGENDA ITEM OCT 1 2 1999 Pi. ,/ 1 2 3 5 6 7 8 9 10 RESOLUTION NO. 99- RESOLUTION FOR PETITION VAC 99-003 TO DISCLAIM, RENOUNCE AND VACATE ~ COUNTY'S AND THE PUBLIC'S INTEREST IN THE EAST 565.38 FEET OF THE 84' WIDE ROAD RIGHT OF WAY SHOWN AS '~FALLING WATERS BOULEVARD, TRACT D" ON THE PLAT OF "FALLING WATERS REPLA'I~' AS RECORDED IN PLAT BOOK 19, PAGE 7, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND BEING LOCATED IN SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST. WHEREAS, pursuant to Sections 336.09, 336.10 and 177.101, Florida Slatutes, Douglas A. Wood, Esq., of Siesky, 1 1 Pilon & Wood, P.A., as agent for the petitioner, Falling Waters Recreations, [nc,, does hereby request the vmmtion of the East 12 565.38 feet of the 84' wide Road Right of Way platted as "Falling Waters Boulevard, Tract D" on the plat of"Falling Waters 13 Replat" as recorded in Plat Book 19, Page 7, Public Records of Collier County, Florida and being located in Section 8, 14 Township 50 South, Range 26 East; and 15 WHEREAS, the Board has this day held a public hearing to consider vacating said road right of way, as more fully 16 described below, and notice of said public hearing to vacate was given as required by law, and 17 WHEREAS, the granting of the vacation will not adversely affect the ownership or right of convenient access of other 18 property owners. 19 NOW, TI-IEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER 20 22 COUNTY, FLORIDA, that the following road right of way is hereby vacated: See Exhibit "A" attached hereto and incorporated herem. BE IT FURTHER RESOLVED BY THE BOARD OF COLrNTY COMMISSIONERS OF COLLIER COUNTY, 23 FLORn~A, that the Utility Easement, more particularly described in Exhibit "B" attached hereto and incorporated 24 25 her'em, is hereby accepted; and BE 1T FURTHER RESOLVED, that the Clerk to the Board is hereby directed to advertise the adoption of this 26 Resolution once in a paper of general circulation in the County within 30 days following its adoption· 27 28 29 BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record a certified copy of this Resolution, the proof of publication of the notice of public hearing and the proof of publication of the notice of adoption of this Resolution m the Official Records of Collier County, Florida. 30 This Resolution adopted after motion, second and majority vote favoring same. 31 32 33 34 35 36 37 ~_.~38 x9 ,0 41 42 43 DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: PAMELA S. MAC'KIE, Clmirwoman Approved as to form and legal A~ista~t Couaty Attorney /Sr ' 0CT 1 2 1999 AC~.NDA 'ITEM OCT 1 2 1999 UTILITY EASEMENT ~ ~B~ ~ l~f3 VAC 99.00~ THIS EASEMENT, granted this ~-- day of A~, 1999, by FALLING WATERS RECREATIONS, INC., whose post office address is 7200 Davis Boulevard, Naples, Florida, 34104, as Grantor, to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns, whose address is Collier County Courthouse, 3101 E. Tamiami Trail, Naples, Florida, 3%112, as Grantee. WITNESSETH: That the Grantor for and in consideration of the sum of ten ~lars ($10.00) and other valuable consideration paid by the Grantee, ~ipt of which is hereby acknowledged, hereby conveys, grants, L~'gains and sells unto the Grantee, its successors and assigns, a perpetual, non-exclusive easement, license, and privilege to enter upon and to install and maintain utility facilities, in, on, over and under the following described lands being located in Collier County, Florida, to wit: See attached Exhibit "A" TO HAVE AND TO HOLD the same unto the Grantee and its assigns, together with the right to enter upon said land, excavate, and take materials for the purpose of constructing, operating, and maintaining utility facilities thereon. Grantor and Grantee are used for singular or plural, as the context requires. AGE~A ITEM OCT l 2 1999 IN WITlgrESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: Witness Print Name Sh~ 2~' 3 VAC STATE OF NEW YORK COUNTY OF WESTCHESTER The foregoing instrument was acknowledged before me by Albo J. Antenucci, Jr., as President of Falling Waters Recreations, Inc., this day of A~I, 1999. ANTHONY J. KUNNY Notify Public, Stere of New York No. 0!KU5035078 C~uellflel:l In Wistchester County Notary Public/State of'~m,l~ ,6'a7~ .~W'~ Personall~ Mown ~/ Or Produced ID ID produced This instrument prepared by: DOUGLAS A. WOOD, ESQ. Siesky, Pilon & Wood 1000 N. Tamiami Trail, Suite 201 Naples, FL 34102 (941) 263-8282 F: \APPS \WP5 i\FORMS \UTILZTY\vaceas. doc AGENDA ITEM OCT 1 2 1999 doFA/El"e' 7'",~fICT' '7-ffH£ T "P__." _ TTFZlCF"N' ~ ~3~3 COLLIER COUNTY 15 FOOT UTILITY EASEMENT Coffunencing at the Southeast corner of Tract "A" Falling Waters Replat as recorded in Plat Book 19, Pages 4 through 7 of the Public Records of Collier County, Florida; thence South 00° 13' 05" East 67.0 feet to Point of Beginning of a 15 foot wide easement lying 7.5 feet each side of the following described line; thence South 89° 01' 59" East 565.38 feet. :, u T E $: Bearings based on center Line of Falling Waters Boulevard, being S. 89°01'59'' E. P.,).C. = Point of Commencement F.().g. = Point of Beginning & BRUNS, INC. Sixth Avenue, North .,Les, FL 34102 9&I-261-5965 DAVID B. BRUNS, PiS Fla. Cert. No. A520 Date: 2-1 0-99 Corporation No. L. OCT 1 2 1999 JUN-Il-1999 14:JG ~00~ P. 02/02 ~ Nam~Po~ion 9~ .Falling ~atera a~uleva~d 003 , Telep~our. I I-- .__ Telephone .2~3-eze2 . '~pC0de: ...... (zast 565.38 ~eet) Location: Secttoln ' 8 Township 50 . ~ 26E Plat Book 19 Pice(f) 4-7 ~tlD~effpflon:~ 5G~,3q, ~et o~,,Tract D, Zall~nq Wa~e~s ReDlac ~rreut ~nlRg: PUD ~l~orRequ~l Falli~q ~ate~s. ~oulevard i~ n0 [9nger ~e~d CO acces~ ~uCure Santa _ _ Bar.fa Boule&rd //S~na/~e otl~edtb)ner - , , ' ~ ..... __~a~v Friadl~n~ -. - se~tary ,,. ~d~tName - ~' ' -- -- -' .. ~lde) Please sM ~o~ and ~r~c~e on b ~0~C ,nd VKR~n armored ~o~Wa~ bt the ~ or suppe~e ~8l~ds ~b must se~mptuy t~ peg~ nd d~er or m~ M: O) P) If appltetnt ifa had taut, lndlczte the name ofbencfichrjec ' '. IFappllunt ia a ~orForatlon other fluma public corporation, lndi~te the name or,ftkerz nd major mekltoidsrs. i~ aPldicoAt ts a lmTmership, llmi_Md partnerddp or other buaf~ets prfac~pab. OCT 1'2 1999" Affacbnxm 'A" z:zt~ 4 el'4 Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official R~3eipt Trans Number 117984 Date 02/24/1999 2:52:31 PM Post Date 02/24/1999 Payment Slip Nbr MS 49327 FALLING WATERS DEV. CORP. New or Exist: N Payor · FALLING WATERS DEV CORP Fee Information Fee Code Description / GL Account 12TRVC REV ACCT/VAC EASEMENT-ROWI 10116361032910000000 Amount $1000.00 Total $1000.00 Waived ' Payment Code CHECK Payments Account/Check Number 010230 Amount $1000.00 Memo: Easement Vacation VAC #99-003 Check ~)10230 Total Cash I $0'00 I Total Non-Cash $1000.00 Total Paid I $1000.00] Cashier/location: TERILLA_J / 1 User: KENDALL_M Collier County Board of County Commissioners CD-Plus for Windows 95/NT Pfinted:02/24t AGENDA ITEM COLLIER COUNTY TAX COLLECTOR COURTHOUSE - BLDG. C-1 NAPLES, FLORIDA 34112-4997 (941) 774-8171 C. F.C. CERTIFICATE OF NO TAX DUE TO: Dwight E. Brock Clerk of the Circuit Court And Doug Wood 1000 Tamiami Tr., N. ~201 Naples, Fi. 34102 Failing Waters PUD II~ 32400025750 Desc: East 565.38fi of Tract D at Falling Waters Replat THIS IS TO CERTI]:Y THAT, in accordance with the provisions of Chapter 197.192, Florida Statutes, all ad valorem taxes due and payable on the above described real property have been paid in full, as required by law as a prerequisite to filing or recording any drawing or plat of such land, in the public records of Collier County. This issuance of this Certificate, however, shall not preclude the assessment and collection of ad valorem taxes subsequently determined to be due this county and state. GIVEN UNDER MY HAND AND SEAL THIS 20th DAY OF January, 1999. Guy L. Carlton Collier County Tax Collector A~'ITE OCT { 2 1999 SIESKY, PILON & WOOD JAMES A. PILON, P.A. Boaxd Certified Real Estate Attorney JAMES H. SIESK'Y, P.A. DOUGLAS A. WOOD, EA. a paztne~hip of pnaf~mional associations ATTORNEYS AT LAW SUITE 201, THE FAIRWAY BUILDING 1000 TAMIAMI TRAIL NORTH NAPLES, FLORIDA 34102 June 3, 1999 Heidi Ashton, Esq. Assistant County Attorney Collier County Attorney's Office 3301 Tamiami Trail East Naples, Florida 34112-4902 RE: Petition to Vacate VAC99-003 (Falling Waters Boulevard) Dear Ms. Ashton: Pursuant to your request related to the easement for the above-referenced petition to vacate, I submit to you the following Opinion of Title. This Opinion of Title applies to the property described in said Petition. OP]~IION OF TITLE The record owner of the real and personal property described herein is Falling Waters Recreations, Inc., (hereinafter "Owner"). The Owner acquired record title to the subject real property by instrument recorded at Official Records Book 2471, at Pages 1832 and 1834, Public Records of Collier County, Florida. 2. The subject real and personal property is encumbered of record by: INSTRUMENT RECORDING INFORMATION Declaration of Covenants, Conditions and Restrictions OR Book 1588, Page 1065 Amendment to Declaration of Covenants, Conditions and Restrictions OR Book 1687, Page 887 'rElY_PHONE: 941-2634r/82 FAC~ AGENDA ITEM SIESKY, PILON & WOOD a partnership of professional associations ATTORNEYS AT LAW Ms. Ashton, Esq. Page Two Supplemental Declaration of Covenants, Conditions and Restrictions OR Book 1913, Page 1945 Amendment to Declaration of Covenants, Conditions and Restrictions OR Book 1937, Page 472 Thank you for your attention to this matter. If you have any questions or concerns, please contact me at your earliest convenience. DW/nm F:kAPPS~W~5 l~Falling Wat~-v~ ofTIIl~- Jtme 3, 1999. w~1 Sincerely Douglas A. Wood 2021.276 AGENDA ITE~ No. /~,~' OCT 1 2 1999 Parcel # LIST OF ABUTTING AND OTHER PROPERTY OWNERS WITHIN 250 FEET 16 Bayswater Falling Waters, LLC 100 S. Bedford Road Mt. Kisco, NY 10549 17 Bayswater Falling Waters, LLC 100 S. Bedford Road Mt. Kisco, NY 10549 John Abele, et ux c/o Schmitt 8 Patton Drive Loudonville, NY 12211 48 Jeannie Miltner 2415 Hidden Lake Drive, # 1 Naples, FL 34112 Agerbjer Partners A.B. 2415 Hidden Lake Drive, #2 Naples, FL 34112 Mr. and Mrs. Raymond Williams 2415 Hidden Lake Drive, #3 Naples, FL 34112 Falling Waters Development 2415 Hidden Lake Drive, #4 and #6 Naples, FL 34112 Calvin and Shirley Bums 1655 Windy Pines Drive, #5 Naples, FL 34112 Harold and Charlotte Leavitt 2415 Hidden Lake Drive, # 7 Naples, FL 34112 Jurgen and Bette Neubauer 2415 Hidden Lake Drive, #8 Naples, FL 34112 F :La. PPS\WP5 lX2021 x.~butt Stephen J. Chelekis 2415 Hidden Lake Drive, #9 Naples, FL 34112 Carl and Elise Marion 2415 Hidden Lake Drive, # 10 Naples, FL 34112 AGENDA ITEA4 OCT 1 2 1999 COLLIER COUNTY GOVERNMENT TRANSPORTATION DEPARTMENT 3301 E. TAMIAMI TRAIL NAPLES, FL. 34112 (941) 774-8494 FAX (941) 774-5375 A CERTIFIED BLUE CHIP COMMUNITY November 11, 1998 Douglas A. Wood, Esq. Siesky, Pilon & Wood 1000 Tamiami Trail North, Suite 201 Naples, FL 34102 Re: Vacation of Easement, Falling Waters Boulevard, Second Request Dear Mr. Wood: Thank you for your letter of November 4, 1998, again requesting a letter of no objection from this Department for the subject easement vacation. You had asked for this letter previously on October 26, 1998. Unfortunately, we are still unable to comply with your request. In your most recent letter, you point out that the 1989 development order required both a Davis Boulevard and a Santa Barbara Boulevard connection. You then point out that the 1993 development order removes the requirement for the Santa Barbara Boulevard connection. We do not agree that the connection requirement is explicitly removed in Ordinance 93-42. We cannot, therefore, comply with your request. You may, however, continue forward with your vacation request and ask the Board, as part of that request, to make an explicit determination that a connection to Santa Barbara Boulevard is no longer required. That will eliminate any discrepancy in the interpretation of the Board's intent under the 1993 development order. If there are any questions or if you seek additional information, please contact me at 774-8494. Very~truly yours, ~ Edward J./KanffP.E. Transpo atr~ Services Director cC.' Ed Ilschner, Public Works Administrator (w/copy of request) John Boldt, P.E., Stormwater Management Director Robert Wiley, P.E., Project Manager, Public Works Engineering Department File: Falling Waters (Easement Vacation) AGENOI frE~ OCT 1 2 1999 COLLIER COUNTY GOVERNMENT ..... v ~2c..__qq -~ .... PUBLIC WORKS DIVISION October 29, 1998 3301 E. TAMIAMI TRAIL NAPLES, FL 34112 (941) 732-2575 FAX'. (941) 732-2526 Mr. Douglas A. Wood Siesky, Pilon & Wood, P.A. The Fairway Building, Suite 201' 1000 Tamiami Trail North Naples, FL 34102 Re: Vacation of a Portion of ap Easement - Fal!i~.g Waters Beulevard Dear Mr. Wood: This office has reviewed your request to vacate a portion of the above-referenced easement. The Collier County Water-Sewer District has an existing water main within this area. We have no objections to the vacation of the easement providing a fifteen (15) foot Collier County Utility Easement (CUE) is accepted by the Board of County Commissioners and recorded in the Official Public Record. Should you have any further questions, please feel flee to contact me. Sincerely, Cindy M. E~'b Public Works Senior Engineering Technician CC: Edward N. Finn, Public Works Operations Director Paul Mattausch, Water Director Rick Grigg, Land Surveyor, Community Development OCT 1 2 1999 MEMORANDUM RECEIVED FEB 2~ 1999 DATE: TO: FROM: SUBJECT: February 23, 1999 Rick Grigg, Land Surveyor, Planning Services Cindy'. ~blic Works Senior Engineering Technician Road Right of Way Vacation (Falling Waters Boulevard) In response to your memo dated February 18, 1999 regarding the above-referenced subject, I found that the attached Utility Easement satisfies the stipulation of a replacement utility easement. Please proceed with the Petition request. Also, please provide a copy of the new Utility Easement once it is accepted by the Board of County Commissioners and recorded in the Official Public Records. Please feel free to contact me at 732-2571 if I can of further assistance. cc: Edward N. Finn, Public Works Operations/Interim Wastewater Director Paul Mattausch, Water Director OCT ! 2 1999 JAMES A. PILON, P.A. Board Certified Real Estate Attorney JAMES H. SIESKY, EA. DOUGLAS A. WOOD, EA. SIESKY, PILON & WOOD a partnership of professional associations ATI"ORNEYS AT LAW October 26, 1998 RICHARD S. ANNUNZIATA SUITE 201, THE FAIRWAY BUILDING 1000 TAMIAMI TRAIL NORTH NAPLES, FLORIDA 34102 Mr. Tom Kuck, P. E. Collier County Engineering Review Services 2800 North Horseshoe Drive Naples, FL 34104 RE: Falling Waters Development - Falling Waters Boulevard - Vacation of Easement Dear Mr. Kuck: I represent Falling Waters Development Corporation. On behalf of my client, I request that you issue a letter of no objection to the vacation of an easement for a portion of Falling Waters Boulevard. As you may know, the requirement for Falling Waters Boulevard to connect to the future Santa Barbara Boulevard was eliminated b!,, resolution in PUD-92-13-(1). Please review the enclosed site plan for the proposed vacated area, and if it meets with your approval, please sign this letter of no objection to the vacation of said easement and return the letter to my office at your earliest possible convenience. I have enclosed a return envelope for your convenience Thank 'yoa for your attention to this matter. Should you have any questions or concerns, please do not hesitate to contaci' me or my legal assistant, Susana Smith. Sincerely, Dougl~i A. Wood DAW/cb enclosure Collier County Engineering Review Services has no objection to the vacation of said easement. TELEPHONE: 941-263-8282 JAMES A. PILON, P.A. Board Certified Real Estate Attornev JAMES H. SIESKY, P.A. DOUGLAS A. WOOD, P.A. SIESKY, PILON & WOOD a partnership of professional associations ATTORNEYS AT LAW October 26, 1998 SUITE 201, THE FAIRWAY BUILDINC 1000 TAMIAMI TRAIL NORTH NAPLES, FLORIDA 34102 RICHARD S. ANNUNZIATA Mr. Ron Nino Collier County Planning Services 2800 North Horseshoe Drive Naples, FL 34104 Kb_L: bailing Waters Development -Faliing Waters 6oulevarcl - Vacation of Easement Dear Mr. Nino: I represent Falling Waters Development Corporation. On behalf of my client, I request that you issue a letter of no objection to the vacation of an easement for a portion of Falling Waters Boulevard. As you may know, the requirement for Falling Waters Boulevard to connect to the future Santa Barbara Boulevard was eliminated by resolution in PUD-92-13-(1). Please review the enclosed site plan for the proposed vacated area, and if it meets with your approval, please sign this letter of no objection to the vacation of said easement and return ~' letter to my office at your earliest possible convenience. I have enclosed a return envelope for your convenie. Thank you for your attention to this matter. Should you have any questions or concerns, please do not hesitate to contact me or my legal assistant, Susana Smith. Sincerely, ! Dougl~ A. Wood DAW/cb enclosure Collier County Planning Services has no objection to t] TELEPHONE: 941-263-8282 ~AGE. NDA ITE. M j.MMES A. PILON, P.A. Board Certified Real Estate Attorney JAMES H. SIESKY, P.A. DOUGLAS A. WOOD, P.A. SIESKY, PILON & WOOD a partnership of professional associations ATTORNEYS AT LAW October 26, 1998 SUITE 201, THE FAIRWAY BUILDING 1000 TAMIAMI TRAIL NORTH NAPLES, FLORIDA 34102 RICHARD S. ANNUNZIATA Mr. John Boldt Collier County Water Management Collier County Courthouse Complex - Brig H-3 Naples, FL 34112 RE: Falling Waters Development - Falling Waters Boulevard - Vacation of Easement Dear Mr. Boldt: I represent Falling Waters Development Corporation. On behalf of my client, I request that you issue a letter of no objection to the vacation of an easement for a portion of Falling Waters Boulevard. As you may know, the requirement for Falling Waters Boulevard to connect to the future Santa Barbara Boulevard was eliminated by resolution in PUD-92-13-(1 ). Please review the enclosed site plan for the proposed vacated area, and if it meets with your approval, please sign this letter of no objection to the vacation of said easement and return the letter to my office at your earliest possible convenience. I have enclosed a return envelope for your convenience. Thank you for your attention to this matter. Should you have any questions or concerns, please do not hesitate to contact me or my legal assistant, Susana Smith. Sincerely, Dougras A. Wood DAW/cb enclosure Collier County Water Management ha n~bjection to the vacation of said easement. Date: /O/.~D//~ Si,~ture~~, TELEPHONE: 941-2634282 Name and Title FACSI SIESKY, PILON & WOOD JAMES A. PILON, EA. Board Certified Real Estate Attorney JAMES H. SIESKY, EA. DOUGLAS A. WOOD, EA. RICHARD S. ANNUNZIATA a partnership of professional associations ATTORNEYS AT LAW November 9, 1998 SUITE 201, THE FAIRWAY BUILDING 1000 TAMIAMI TRAIL NORTH NAPLES, FLORIDA 34102 Ms. Bridget Ladd Collier County SherifPs Department 3301 E. Tamiami Trail Naples, FL 34112 RE: Vacation of Easement - Falling Waters Boulevard Dear Bridget: IIECEIVED CC$O/LEGAL t/. Enclosed, please find a copy of Conceptual Drainage Plan for the Falling Waters PUD. This plan accuratel,' reflects the existing development along with proposed future development in the back section. Although t plan shows Falling Waters Boulevard ending at future Santa Barbara Boulevard Extension, please be adviseu that the current PUD does not require Falling Waters Boulevard to connect to future Santa Barbara Boulevard. I hope this site plan assists you so that you can sign and return the letter of no objection at your earliest possible convenience. In the meantime, should you have any questions regarding this matter, please do not hesitate to call. cb enclosure Douglas A. Wood TELEPHONE: 941-263-8282 F! A~A ITE SIESKY, PILON & WOOD JAMES A. PILON, P.A. Board Certified Real Estate Attorney JAMES H. SIESKY, P.A. DOUGLAS A. WOOD, P.A. a parmership of professional associations ATFORNEYS AT LAW October 26, 1998 RICHARD S. ANNUNZIATA SU1TE 201, THE FAIRWAY BUILDING 1000 TAMIAMI TRAIL NORTH NAPLES, FLORIDA 34102 X~ t'~ ..... ~ A,4~ Sprint United Telephone-Florida P. O. Box 2477 Naples, FL 34102 RE: Falling Waters Development - Falling Waters Boulevard - Vacation of Easement Dear Mr. Adams: I represent Falling Waters Development Corporation. On behalf of my client, I request that you issue a letter of no objection to the vacation of an easement for a portion of Falling Waters Boulevard. As you may know, the requirement for Falling Waters Boulevard to connect to the future Santa Barbara Boulevard was eliminated by resolution in PUD-92-13-(1). Please review the enclosed site plan for the proposed vacated area, and if it meets with your approval, please sign this letter of no objection to the vacation of said easement and return the letter to my office at your earliest possible convenience. I have enclosed a return envelope for your convenience. Thank you for your attention to this matter. Should you have any questions or concerns, please do not hesitate to contact me or my legal assistant, Susana Smith. Sincerely, DAW/cb enclosure Sprint United Telephone-Florida has no objection to the vacation of said easement. Signature Date: TELEPHONE: 941-263-8282 Name and Title A~r. NOA'rrF. k¢ OCT 1 2 1999 .~IMILE: 941-263-7611 SIESKY, PILON & WOOD ]AMES A. PILON, P.A. Board Certified Real Estate Attorney JAMES H. SIESKY, EA. DOUGLAS A. WOOD, EA. a partnership of professional associations A2~FORNEYS AT LAW October 26, 1998 RICHARD S. ANNUNZIATA SUITE 201, THE FAIRWAY BUILDINC 1000 TAMIAMI TRAIL NORTH NAPLES, FLORIDA 34102 Mr. Andrew Zaccagnino Florida Power & Light 4105 15~ Avenue SW Naples, FL 34116 RE: Falling Waters Development - Falling Waters Boulevard - Vacation of' Easement Dear Mr. Zaccagnino: I represent Falling Waters Development Corporation. On behalf of my client, I request that you issue a letter of no objection to the vacation of an easement for a portion of Falling Waters Boulevard. As you may know, the requirement for Falling Waters Boulevard to connect to the future Santa Barbara Boulevard was eliminated by resolution in PUD-92-13-(1 ). Please review the enclosed site plan for the proposed vacated area, and if it meets with your approval, please sign this letter of no objection to the vacation of said easement and return t' letter to my office at your earliest possible convenience. I have enclosed a return envelope for your convenien Thank you for your attention to this matter. Should you have any questions or concerns, please do not hesitate to contact me or my legal assistant, Susana Smith. Sincerely, 'l Dougla~/A. Wood DAW/cb enclosure Florida Power & Light has no objection to the vacation of said easement. Date: Signature Name and Title AGEI~A I1 F^, ,~.d~ ~]'-2~:~i999 TELEPHONE: 941-263-8282 SIESKY, PILON & WOOD JAMES A. PILON, P.A. Board Certified Real Estate Attorney JAMES H. SIESKY, EA. DOUGLAS A. WOOD, P.A. a partnership of professional associations ATTORNEYS AT LAW October 26, 1998 RICHARD S. ANNUNZIATA SUITE 201, THE FAIRWAY BUILDING 1000 TAMIAMI TRAIL NORTH NAPLES, FLORIDA 34102 Mr. Nestor Martin Construction Manager Colony Cablevision P. O. Box 413018 Naples, FL 34101 RE: Falling Waters Development - Falling Waters Boulevard - Vacation of Easement Dear Mr. Martin: 1 represent Falling Waters Development Corporation. On behalf of my client, I request that you issue a letter of no objection to the vacation of an easement for a portion of Falling Waters Boulevard. As you may know, the requirement for Falling Waters Boulevard to connect to the future Santa Barbara Boulevard was eliminated by resolution in PUD-92-13-(1). Please review the enclosed site plan for the proposed vacated area, and if it meets with your approval, please sign this letter of no objection to the vacation of said easement and return the letter to my office at your earliest possible convenience. I have enclosed a return envelope for your convenience. Thank you for your attention to this matter. Should you have any questions or concerns, please do not hesitate to contact me or my legal assistant, Susana Smith. Sincerely, DAW/cb enclosure Colony Cablevision has no objection to the vacation of said easement. :-.- 'Si~t~ture ..-,,:~ (7-.'.- I; Stephen W. Hill, Constructi, ' Name and Title ....... 1999 ;IM/LE: 941-263-761! JAMES A. PILON, EA. Board Certified Real Estate Attorney JAMES H. SIESKY, EA. DOUGLAS A. WOOD, EA. SIESKY, PILON & WOOD a partnership of professional asSOCiations ATFORNEYS AT LAW October 26, 1998 SUITE 201, THE FAIRWAY BUILDING 1000 TAMIAMI TRAIL NORTH NAPLES, FLORIDA 34102 RICHARD S. ANNUNZIATA Water Crest Court, Inc. c/o Mary Hayes 7200 Davis Boulevard Naples, FL 34104 RE: Falling Waters Development - Falling Waters Boulevard - Vacation of Easement Dear Ms. Hayes: I represent Falling Waters Development Corporation. On behalf of my client, I request that you issue a letter of no objection to the vacation of an easement for a portion of Falling Waters Boulevard. As you may know, the requirement for Falling Waters Boulevard to connect to the future Santa Barbara Boulevard was eliminated bv resolution in PUD-92-13-(1). Please review the enclosed site plan for the proposed vacated area, and if it meets with your approval, please sign this letter of no objection to the vacation of said easement and return the letter to my office at your earliest possible convenience. I have enclosed a return envelope for your convenienct 7hank you for your attention to this matter. Should you have any questions or concerns, please do not hesitate to contact me or my legal assistant, Susana Smith. Sincerely, Dougl~' A~. Wood / DAW/cb enclosure Water Crest, Inc. has no objection to the vac~~ Date: ~,3%~' ~.-~\~t~,~,. '~~ _~z~.__~ignature, Name and Title TELEPHONE: 941-263-8282 SIESKY, PILON & WOOD JAMES A. PILON, P.A. Board Certified Real Estate Attorney JAMES H. SIESKY, P.A. DOUGLAS A. WOOD, EA. RICHARD $. ANNUI~ZIATA a partnership of professional associations ATTORNEYS AT LAW %/',s~ ~ ~;}<~'-~ SUITE 201, THE FAIRWAY BUILDING 1000 TAMIAMI TRAIL NORTH NAPLES, FLORIDA 34102 October 26, 1995 Rosewood of Falling Waters, Inc. c/o Diana Gurges 3400 N Tamiami Trail, Suite 202 Naples, FL 34103 RE: Falling Waters Development - Falling Waters Boulevard - Vacation of Easement Dear Ms. Gurges: 1 represent Falling Waters Development Corporation. On behalf of my client, I request that you issue a letter of no objection to the vacation of an easement for a portion of Falling Waters Boulevard. As you may know, the requirement for Falling Waters Boulevard to connect to the future Santa Barbara Boulevard was eliminated by resolution in PUD-92-13-(1). Please review the enclosed site plan for the proposed vacated area, and if it meets with your approval, please sign this letter of no objection to the vacation of said easement and return the letter to my office at your earliest possible convenience. I have enclosed a return envelope for your convenience. Thank you for your attention to this matter. Should you have any questions or concerns, Please do not hesitate to contact me or my legal assistant, Susana Smith. Sincerely, O od DAW/cb enclo~tlre Rosewood of Falling Waters, Inc. has no objection to the vacation of said easement. Date: .j/- j ~..-- ~? Si'-"--'gna}ure N-a~e and Title ~0 AGENDA ITEM 3AN-ii-J999 16:01 ~ROM TO 7745927 P.001×001 JAMES A. PILON, P.A. ik~ard Certilied Real Est~l~ A~omey j,~.5 H. SIESKY, P.~ DOUGLAS A. WOOD, P.A. SIESKY, PILON & WOOD ATIXDRNEYS AT LAW October26,1998 v ':?q- oo 201, THE FAIRWAY BUILDING 1000 TAMIAM] TRAIL NORTH NAPLES, FLORIDA 34102 Jasmine Court, Inc. c/o Mm'y Hayes 7200 Davis Boulevard Naples, FL 34104 RE: Falling Waters Development * Falling Waters Boulevard - Vacation of Easement Ms. Hayes: I represent Falling Waters Development Corporation. On behalf of my chent, I request that you issue a letter of no objection to the vacation of~n easement for a portion of Falling Waters Boulev&rd. As you may know, the requirement for Falling Waters Boulevard to connect to the future Santa Barbara Boulevard was eliminated by resolution in PUD-92-13-(1). Please review the enclosed site plan for the proposed vacated area, and if it meets with your approval, please sign this letter of no objection to the vacation of said easement and return the letter to my office at your earliest possible convenience. I have enclosed a return envelope for your convellience. Thank you for your attention to this matter. Should you have any questions or concerns, please do not hesitate to contact me or my legal assistant, Susana Smith. DAW/cb enclosure Jasmine Court, Inc. has no objection to the vacation of said e~/ement. Nme and Title TELEPHONE: 941-2&342~2 AGENDA ~ TOT L P.E~i OCT 12 1999 IAMES A. PILON, P.A. Board Certified Real Estate Attorney JAMES H. SIESKY, P.A. DOUGLAS A. WOOD, P.A. SIESKY, PILON & WOOD a partnership of professional associations ATTORNEYS AT LAW October 26, 1998 RICHARD S. ANNUNZIATA SUITE 201, THE FAIRWAY BUILDING 1000 TAMIAMI TRAIL NORTH NAPLES, FLORIDA 34102 Falling Waters I, Inc. c/o Byron Ross Guardian Property Management 4532 E. Tamiami Trail, Suite 302 Naples, FL 34112 RE: Falling Waters Development - Falling Waters Boulevard - Vacation of Easement Dear Mr. Ross: I represent Falling Waters Development Corporation. On behalf of my client, I request that you issue a letter of no objection to the vacation of an easement for a portion of Falling Waters Boulevard. As you may know, the requirement for Falling Waters Boulevard to connect to the future Santa Barbara Boulevard was eliminated by resolution in PUD-92-13-( 1 ). Please review the enclosed site plan for the proposed vacated area, and if it meets'with your approval, please sign this letter of no objection to the vacation of said easement and return the letter to my office at your earliest possible convenience. I have enclosed a return envelope for your convenience. Thank you for your attention to this matter. Should you have any questions or concerns, please do not hesitate to contact me or my legal assistant, Susana Smith. DAW/cb enclosure Sincerely, Douglas ~.' Wo'--- od Falling Waters I, Inc. has no objection to the vacation of said easement. Date: TELEPHONE: 941-263-8282 Sigriature '; ' h~am~ ~r~d ti~l/g/ FACSIM AGENDA ITEM 1999 SIESKY, PILON & WOOD JAMES A. PILON, P.A. Board Certified Real Estate Attorney JAMES H. SIESKY, P.A. DOUGLAS A. WOOD, EA. RICHARD S. ANN~ZIATA a partnership of professional associations ATTORNEYS AT LAW October 26, 1998 SUITE 201, THE FAIRWAY BUILDLqG 1000 TAMIAMI TRAIL NORTH NAPLES, FLORIDA 34102 Falling Waters II, Inc. c/o Byron Ross Guardian Property Management 4532 E. Tamiami Trail, Suite 302 Naples, FL 34112 RE: Falling Waters Development - Falling Waters Boulevard - Vacation of Easement Dear Mr. Ross: 1 represent Falling Waters Development Corporation. On behalf of my client, I request that you issue a letter of no objection to the vacation of an easement for a portion of Falling Waters Boulevard. As you may know, the requirement for Falling Waters Boulevard to connect to the future Santa Barbara Boulevard was eliminated by resolution in PUD-92-13-(1 ). Please review the enclosed site plan for the proposed vacated area, and if it meets with your approval, please sign this letter of no objection to the vacation of said easement and return ~ letter to my office at your earliest possible convenience. I have enclosed a return envelope for your convenience. Thank you for your attention to this matter. Should you have any questions or concerns, please do not hesitate to contact me or my legal assistant, Susana Smith. Sincerely, Douglas A. Wood DAW/cb enclosure Falling Waters II, Inc. has no objection to the vacation of said easement. TELEPHONE: 941-263-8282 Name and AC-~A IT~ SIESKY, PILON & WOOD JAMES A. PILON, P.A. Board Certified Real Estate Attorney JAMES H. SIESKY, EA. DOUGLAS A. WOOD, EA. a partnership of professional associations ATTORNEYS AT LAW October 26, 1998 RICHARD S. ANNUNZIATA SUITE 201, THE FAIRWAY BUILDING 1000 TAMIAMI TRAIL NORTH NAPLES, FLORIDA 34102 Cascades of Falling Waters, Inc. c/o Byron Ross Guardian Property Management 4532 E. Tamiami Trail, Suite 302 Naples, FL 34112 RE' Falling Waters Development - Falling Waters Boulevard - Vacation of Easement Dear Mr. Ross: I represent Falling Waters Development Corporation. On behalf of my client, I request that you issue a letter of no objection to the vacation of an easement for a portion of Falling Waters Boulevard. As you may know, the requirement for Falling Waters Boulevard to connect to the future Santa Barbara Boulevard was eliminated by resolution in PUD-92-13-( 1 ). Please review the enclosed site plan for the proposed vacated area, and if it meets with your approval, please sign this letter of no objection to the vacation of said easement and return the letter to my office at your earliest possible convenience. I have enclosed a return envelope for your convenience. Thank you for your attention to this matter. Should you have any questions or concerns, please do not hesitate to contact me or my legal assistant, Susana Smith. Sincerely, D~Wood DAW/cb enclosure TELEPHONE: 941-263-8282 Cascades of Falling Waters, Inc. has no objection to the vacation of said easement. Date://-/'~'-- ~ / sid ith (- ..... ~~e ~d Title- ' ' d A~A I~ : P~._' ~ -1 TINCT I FAIl Illl~ ~TF_FIS II TI~ICT C 0 m (- n 0 OCT ~ 19" i ~,, ,",.~ ..... :_., m"e~ C~"le S~vO ///111t~ AGENDA ~TEM STATEMENT OF GENERAL PUBLIC BENEFIT The Falling Waters PUD, as amended by Collier County Ordinance 93-42, no longer requires a connection between Falling Waters Boulevard and furore Santa Barbara Boulevard. Accordingly, approximately the East 600 feet of Falling Waters Boulevard serves no purpose to the general public since it cannot be accessed by the public and also does not se/ye any purpose for the'iesidents of Falling Waters. The developer of Falling Waters desires to construct additional recreation facilities in the vacated roadway. These additional recreation facilities will benefit all residents in Falling Waters. EXECUTIVE SUMMARY PETITION VAC 99-011 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN ROAD RIGHT OF WAY, BEING A PORTION OF TURNER PLACE, ACCORDING TO THE PLAT OF "COLLIER'S RESERVE", AS RECORDED IN PLAT BOOK 20, PAGES 59 THROUGH 87, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 22, TOWNSHIP 48 SOUTH, RANGE 25 EAST. OBJECTIVE: To adopt a Resolution to vacate a portion of the platted road right of way for Turner Place, a residential street m the Collier's Reserve subdivision. CONSIDERATIONS: Petition VAC 99-011 has been received by Planning Services from Dominick J. Amico, Jr., P.E., from Agnoli, Barber & Brundage, Inc., as agent for the petitioner, Collier's Reserve Ltd., requesting the vacation of a portion of the platted right of way for Turner Place. The northerly portion of Turner Place serves only two residential lots (Lots 45 and 46, Block B). The owner of these two lots wants to build one house over both lots. The existing asphalt pavement would then be left in place and would serve as a driveway for these two lots. The owner of the lots (Petitioner) has signed a letter stating that the owner will comply with the stipulations in the letter of no objection from Public Works if the vacation is granted. Since this is a private road, the public benefit is not having to maintain the utility facilities within this portion of Turner Place. Letters of no objection have been received from all other pertinent agencies. Zoning is P.U.D. FISCAL IMPACT: Planning Services has collected a $1,000 "Petition to Vacate" fee from the petitioner which covers the County's cost of advertising, recording and processing the Petition. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners: 1. Adopt the Resolution for Petition VAC 99-011 for the vacation of the northerly portion of the platted right of way for Turner Place; and 2. Authorize the execution of the Resolution by its Chairman; and 3. Direct the Clerk to the Board to record a certified copy of the Resolution in the Official Records and to make proper notation of this vacation on the recorded plat as referenced above. PREPARED BY: Rick Gh~, P.S.M. Engineering Rehew Semces ~omas E Kuck, P.E., Eng~eemg Review M~ager ~EWED BY~ PI~¢ Semces Depa~en~or ~PRO~D BY: ~ ~ · Vincent A. Cautero, MCP, A~s~ator Co~W Development & Enhromen~ Semis DATE: ~-.~ DATE: ~- oa~- ~ ~' DATE: f~''' f'' "~,~ DATE: OCT 1 2 1999 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 RESOLUTION NO. ~9- RESOLUTION FOR PETITION VAC 99-011 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN ROAD RIGHT OF WAY, BEING A PORTION OF TURNER PLACE, ACCORDING TO THE PLAT OF "COLLIER'S RESERVE", AS RECORDED IN PLAT BOOK 20, PAGES 59 THROUGH 87, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 22, TOWNSHIP 48 SOUTH, RANGE 25 EAST. WHEREAS, pursuant to Sections 336.09 and 336.10, Florida Statutes, Dommick J. Amico, Jr., P.E., rio,, Agnoli, Barber & Bnmdage, Inc., as agent for thc petitioner, Collier's Reserve Ltd., does hereby request the v~¢~_tion of thc northerly portion of the pla_n__~_ right of way for Turner Place, according to the plat of "Collier's Reserve", as recorded in Plat Book 20, Pages 59 through 87, Public Records of Collier County, Florida; and WHEREAS, the Bc~rd has flus day held a public hearing to con'der vacaUng smd north~ly portion of the right of way for Turner Place, as more fully deseribed below, and no,ce of smd public hearing to _vaca__!e was gwen as WHEREAS, the granung of the vacaUon will not adversely affect the ownership or right of convement of other property owners. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COM]vOSSIONERS OF COLLIER COUNTY, FLORIDA, that the Public's rights m the following road right of way is hereby vacated: See Exhibit "A" attached hereto and incorporated hereto. BE IT FURTHER RESOLVED, that the Petitioner has agreed to the terms of the letter dated April 12, 1999 from Cindy Erb, PubLic Works Engmeenng Techmoan~ to Dommick J. Anuco, P.E., and the Board hereby adopts said terms as sUpulations to this vacation, BE IT FLTRTI-I~R RESOLVED, that the Clerk to the Board is ~ dL,~ted to advertise the adop~on of this ResoluUon once in a paper of general cttcula~on in the County w~thin 30 days following its adoption. BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby direaed to record a cemfied copy of this Resolution~ the proof of publication of the notice of public heanng and the proof of publication of the notice of adoption of this ResolUUon in the Ot~cial Records of Collier County, Flofida~ This ResolUUon ndopled after motion, second and majority vote favoring same. DATED: A I'FI=ST: DW]GITT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLI~_.R COUNTY, FLORIDA BY: PAIvI~u~.A S. MAC'K~IE, Cbai~womnn Approved as lo form and legal .6..~a.~mt County Attorney AGENDA ITEM OCT 1 2 1999 Exhibit "A" Sh~-t I of 2 VAC 99-011 OCT 1 Z 1999 , Z 4O Exhibit "A" Shee~ 2 of 2 VAC 99-011 OCT 1 2 1999 Attachment "A' PETITION FORM FOR VACATION OF ROAD RIGHT-OF-WAY Date Received: Petitioner: COLLIER' S RESERVE LTD/CR Address: 3003 TAMIAMI TRAIL NORTH City/State: NAPLES. FL Petition #: Telephone: (9,~1) 261-~.~55 Zip Code: 3~I03 Agent: DOMINICK J. AMICO, JR., P.E./AGNOLI, BARBER & BRUNDAGE, INC. Address: 7~00 TAMF4MI TR. N., SUITE 200 Telephone: (9~I) 597-3111 City/State: NAPLES, FL Zip Code: 3~108 Road Name: i6A1 TURNER PLACE Location: Section 22 Township ~ Range 25 PlatBook 20 Legal Description: PART OF TURNER PLACE, PLAT OF COLLIER'S RESERVE Page(s) Current Zoning: PUD Reason for Request: LOT COMBINATION Does this affect density?, 'I hereby authorize Agent above to represent me for this petition: Yes D No Date Vice President of Collier Management Services, Inc., General Partner of Collier's Reserve, Ltd. Please see "Policy and Procedure on the Closing and Vacation of Road Right-of-Way" for the list of supportive materials which must accompany this petition, and deliver or mail to: Community Development & Environmental Servtces Division Planning Services Department 2800 North Horseshoe Dr. Naples, Florida 34104 (2) (a) Attachment "A" Page 4 of 4 If applicant is a land trust, indicate the name of beneficiaries. If applicant is a corporation other than a public corporation, indicate the name of officers and major stockholders. If applicant Is a partnership, ilmlt~l partnership or other business entity, principals. List all other owners. Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt Trans Number Date , Post Date , Payment Slip Nbr 129304 05/06/1999 8:00:01 AM 05/06/1999 'MS 52770 PAUL F. MC KEAN JR New or Exist: N Payor' MC KEAN Fee Information Fee Code Description GL Account Amount Waived 12PVAC PETITION TO VACATE 11313890032910000000 $1000.00 Total $1000.00 Payments Payment Code Account/Check Number Amount CHECK 123 $1000.00 Memo: Easement Vacation Petition #VAC 99-011 Check #123 Total Cash Total Non-Cash Total Paid $0.00 $1000.00 $1000.00 Cashier/location: FROLOFF E / 1 User: KENDALL M Collier County Board of County Commissioners CD-Plus for Windows 95/NT Printed:05 AGENOA ITEM A~A ITEM OCT 1 2 1999 OR BOOK ?AGE 777 South l'~a~ler brJve ~HI$ I~Dg~l~g~/~, made tht~ ~'~ day o~ I>ecemb~z, 199~, ¢0~1~ D~DOPM~NT CORPORATION, a Florida corp¢.~tion~ partnership, who~e po~t o[£i¢~ addre~ i~ 3D~3 Ta~i~m~ Stall Naples, of the CouJity at Collier, ~tl&te of Florida, Thmt said Ozantor, ~o[ and in co,side,at,un oi the sum ro raid O~unto[ in hand pai~ by ..id 0rantee, the receipt whe:e~/ i~ hereby ec~nowlcSved, ha~ 9[ented~ bargained tO the uaid Gt,~tee. and Oz0]~tee'x the £ollowin~ ds~cribed land. situate, lying sr~d being in Collier Courlty, Florida, to-wit; SUBJECT TO: 1. 2. (See Exhibit A attached be[eta and inco['parate3 A~plicable ~onina law~ o~dlnances a~d land u~c regulations. Dec]aration of ~rOloetive Covenants ~or Collier's Re~rve dated the .~'d~7 o~ December. Matters o~ public record (it not being the intent Lo reimpo~e the and si, icl Granto: doe~ h~reb7 tully warranf, the title to sai0 land, and will dege,d the same against the ]awfUl c/aims of all perSOll~ 14hol,~$oeve: claiming by! Lhro, gh or under Gray,tar. lB ~J~IZ$5 Ntl]gPJ~F, Grantor ha~ hereunto set Ora.tot's hand and xeal the day and year first above written. Si~ned. sealed and delivered in the ~rc~ence of: COI, I. IEI/ DI~VgbOPMENT CORPOIZATION. a Florida corporation (carp [acknowle~gemen: on /ollo~ing pago) AG~=,NDA Illi/ OCT 1 2 1999 OR BOOK 4356.001b - 2 - OCT 1 2 1999 I/el , OR BOOK PAGE Trmct.~ 0~-0~, inc]~iv,~ an~ Tract R of thc I'l~t of 6ol:}i~.r'~ Pe.~crve.. ~ot~ ] throu¢~ ~2, inclusive, o[ Block ~ o~ bbe Plat a~ Collier'~ ~eserve~ and ~o~ 1 ~hr'ouoh lit ~z~cluG~ve, o~ Block D of the PII~ o~ C~Iltet'~ ~e~crve: and ~Cbc Plat of Collier's Reserve ~lng ~ecorded i~ Plot BoOk pag~59~.87_.., Oi ~},e Public R~cor~ Oi Co)liC~ Count~, Florid~ AC-~A ITEM OCT 1 ~ l~g~ P~.:~.~..~ Empire Builders of Collier County, Inc 12243 Collier's Reserve Drive Naples, FL 34110 Collier's Reserve Ltd. 12255 Collier's Reserve Drive Naples, FL 341 I0 ITEM OCT 1 2 1999 COLLIER COUNTY GOVERNMENT PUBLIC WORKS DIVISION April12,1999 Mr. Dominick J. Amico, Jr., P.E. Agnoli, Barber & Brundage, Inc. 7400 Tamiami Trail North, Suite 200 Naples, FL 34108 3301 E. TAMIAMI TRAIL NAPLES, FL 34112 (941) 732-2575 FAX: (941) 732-2526 A CERTIFIED BLUE CHIP COMMUNITY Re: Vacation of Road Right-of-Way - Collier's Reserve, Block B, Lots 45 & 46 Dear Mr. Amico: This office has reviewed your request to vacate the above-referenced road right-of-way. The Collier County Water-Sewer District (CCWSD) has existing water and sewer facilities within the public right-of-way of Turner Place. Your request is approved with the following stipulations: 1) 2) 3) 4) 5) 6) that all CCWSD responsibility for water and wastewater service will end at point of beginning of vacation of fight-of-way, and that the water meter shall be placed at point of beginning of vacation of right-of-way, and that all water and wastewater mains within the vacated fight-of-way will be owned and maintained by property owners of Lots 45 & 46, and that landscape plantings of trees and shrubs not be planted within 7½ feet of CCWSD water and wastewater facilities, and that the flushing fire hydrant located near the cul-de-sac of Turner Place be relocated at the property owner's expense. The property owner will need to submit plans for the Water Director's approval, and that the stipulations contained herein shall be shown on the construction, as-built and vacation of public right-of-way drawings. Should you have any further questions, please feel free to contact me. Sincerely, Cindy M. Erb Public Works Senior Engineering Technician CC: Edward N. Finn, Public Works Operations/Interim Wastewater Director Paul Mattausch, Water Director Rick Grigg, Land Surveyor, Community Development OCT 1 2 1999 ImmmmrA mmmmmT-.t mmmmr , xU Ula IIIllhlN IIIIIIK nnnH J ARBER & ~-~llllhl'~ llllll'~ , rofessionaJ cn~mneers, planners, surveyors & mappers March 3 l, 1999 RECEIVED APR L)I 9g9 Mr. John R. Houldsworth Collier County Engineering Review Services 2800 N. Horseshoe Drive Naples, FL 34104 Re: Right-of-Way Vacation, Collier's Reserve, Block B, Lots 45 and 46 Dear Mr. Houldsworth: Per Collier County requirements, this letter is written to request a letter of no objection in regard to the vacation of a portion of the right-of-way of Turner Place within the Collier's Reserve subdivision. A bridge to a cul-de-sac provides access to Lots 45 and 46 of Block B on Turner Place. It is the desire of the property owner to combine Lots 45 and 46, thereby alleviating the need to provide right-of-way access to Lot 45. Vacating the right-of-way would allow the ~ property owner more flexibility in site planning and would not affect utility service to the site, since all constructed public utility service facilities, except water and sewer lines, are within a 10' utility easement which will remain. Enclosed is a location map, showing Turner Place, ' sketch and description depicting the area to be vacated and a site plan showing a prelimihary design of the structures proposed. ' Should you have questions or require further information on this matter, please do not hesitate to contact our office, otherwise, we respectfully request that you sign and date.this letter to signify that you have no objection to the vacation of the easement as shown. Sincerely, Dominick J. Amico, Jr., P.E. DJA/jam Enclosures I have no objection to the proposed vacation. Main ~ 74~0 Tamiami Trail lq., Suite 200, ~ Florida 34,108 L~ County: 16~5 Hendry St., Suite 101, Fort Myers, Florida 33901 (94Daa4-H~ra,. vax: Proti:ssional engineers, planners, surveyors & mappers PM 2:k9 March 31, 1999 Mr. Ed Kant, P.E. Director, Transportation Department 3301 Tamiami Trail East Naples, FL 34112 Re: Right-of-Way Vacation, Collier's Reserve, Block B, Lots 45 and 46 Dear Mr. Kant: Per Collier County requirements, this letter is written to request a letter of no objection in regard to the vacation of a portion of the right-of-way of Turner Place within the Collier's Reserve subdivision. A bridge to a cul-de-sac provides access to Lots 45 and 46 of Block B on Turner Place. It is the desire of the property owner to combine Lots 45 and 46, thereby alleviating the need to provide right-of-way access to Lot 45. Vacating the right-of-way would allow the property owner more flexibility in site planning and would not affect utility service to the site, since all constructed public utility service facilities, except water and sewer lines, are within a 10' utility easement which will remain. Enclosed is a location map, showing Turner Place, sketch and description depicting the area to be vacated and a site plan showing a prelimina.ry design of the structures proposed. Should you have questions or require further information on this matter, please do not hesitate to contact our office, otherwise, we respectfully request that you sign and date this letter to signify that you have no objection to the vacation of the easement as shown. Sincerely, Dominick J. Amico, Jr., P.E. DJA/jam Enclosures Ed Kant, 7 vacation. Date Main Office: 7400 Tamiami Trail N., Suite 200, Naples,-Florida 34108 (941) 597-3111 Lee County: 1625 Hendrv St., Suite 101, Fort Myers, Florida 33901 (941) 334-1173 FAX:(9411 F.~X:1941) ~W..,F. NOA IT~ '1 OCT I 2 1999 566-3w~3 Inn-nrA Ilill~& mmmmF~r-~GNOLI BlmBmlsl~b ~lllllh~ 111111~ t'rot~ssional engineers, planners, surveyors &mappcrs March 31, 1999 Mr. John Boldt, P.S.M., P.E. Director, Collier County Stormwater Management 3301 Tamiami Trail East Naples, FL 34112 Re: Right-of-Way Vacation, Collier's Reserve, Block B, Lots 45 and 46 Dear Mr. Boldt: Per Collier County requirements, this letter is written to request a letter of no objection in regard to the vacation of a portion of the right-of-way of Turner Place within the Collier's Reserve subdivision. A bridge to a cul-de-sac provides access to Lots 45 and 46 of Block B on Turner Place. It is the desire of the property owner to combine Lots 45 and 46, thereby alleviating the need to provide right-of-way access to Lot 45. Vacating the right-of-way would allow the property owner more flexibility in site planning and would not affect utility service to the site, since all constructed public utility service facilities, except water and sewer lines, are within a 10' utility easement which will remain. Enclosed is a location map, showing Turner Place, sketch and description depicting the area to be vacated and a site plan showing a preliminaw design of the structures proposed. Should you have questions or require further information on this matter, please do not hesitate to contact our office, otherwise, we respectfully request that you sign and date this letter to signify that you have no objection to the vacation of the easement as shown. Sincerely, Dominick J. Amico, Jr., P.E. DJA/jam Enclosures I have no objection to the proposed vacation. John BoI~,'P.S.M.,t P.E-. Date Main Office: 7400 Tamiami Trail N., Suite 200, Naples, Florida 34108 (941) 597-3111 Lee Count3': 1625 Hendry St., Suite 101, Fort/Vlyers, Florida 33901 (941) 334-1173 FAX: (941) 566 FAX: (941) 334-] OCT 1 2 1999 .~203_ /g 75 Pg'- 4105 15th Avenue S.W. Naples, FL. 34116 FAX 353-6082 April 6, 1999 Dominick J. Amico Jr., P.E. C/O Agnoli, Barber & Brundage, Inc. 7400 Tamiami Trail N., Suite 200 Naples, FL 34108 Re: Right-of-Way Vacation, Collier's Reserve, Block B, Lots 45 and 46 Dear Mr. Amico: Florida Power & Light Company has no objection to the vacation of a portion of the right- of-way of Turner Place within the Collier's Reserve subdivision as described in your letter dated March 31, 1999. If you have any questions, please contact me at (941) 353-6001. Sincerely, E.T. Howard Distribution Design Specialist an FPL Group Company AGENDA i'ri OCT 1 2. 1999 ?.o~ssiofla] engineers, )~)anne,"s, lurveyor~ & mappcn MarCh 31, 1999 Ms,/oyce G,Oodda.rd Sprint Box ;;477 Napl(m, FL 34106-2477 Re: Right-of-Way Vacation, Collier's Reserve, Block B, Lots 4~ arid 46 Dear Ms. Goddard: ! Per Collier County requirements, this ]etter is ~rtitten to request a le~r of no obje to the vacation of a portion of the right-of-way of Turner Place wit~ the Collier'~ subdivision, A bridge to a cul-de-sac provides access to Lots 415 anld a6 of Block E Place. It is the desire of the property owner to combine Lots 45 and 1,6, thereby al need to provide right-of-way access to Lot 45, Vacating the right-O: .way would a property owner more flexibility in site planning and would not aff~c [ utility servic. since all constructed public utility service facilities, except water ~. sewer lit. es,. 10' u'fility easement which will remain. Enclosed is a location map, Iho~4ng Tux sketc!.~ and description depicting the area to be vacated and a site p[l n showing a p design of the Structures proposed, · . Shou:!d you have questmns or require further lnformatmn on th~s niftier, please do contact our oitice, other,vise, we respectfully request that you sign qnd date tais le that you have no objection to the vacation oft, he easement as Sincerely, Dominick J. Amico, Jr., P,E. DJA/jam Enclosures I have no objection to the proposed vacation. t ' Date M. sln Office: 7400 Tun~mmi T~I lq., ,Suite 200, Naples, Plo,ida 34108 L~e County: 1625 Hcndry St., Suite 101, Fort Myers, F, orid~ 33901 (941 d97-3111 F,%~ (~ ;rich in regard Reserve on Turner eviating the Iow the :to the site, ,re within a · r Place, not hesitate to ter to signify g'41 ) 5664 il) 3S~-ll A _C.~.I~A ITEM ~03 OCT 1 2 1999 IIIIlFA mmmm,?~ ~uNOLI IIBmlmb~l'~ BBBIIBB~ mn m-,- iJ~Ai:LBEI~ & Imllmllllir~ IIIIIIIK mmmmmm~,l.,D~UN~AGE ,xc. Professional engineers, planners, surveyors & mappers March 31, 1999 Mr. Stephen W.Hill Media One 301 Tower Road Naples, FL 34113 APR - 5 Re: Right-of-Way Vacation, Collier's Reserve, Block B, Lots 45 and 46 Dear Mr. Hill · Per Collier County requirements, this letter is written to request a letter of no objection in regard to the vacation of a portion of the right-of-way of Turner Place within the Collier's Reserve subdivision. A bridge to a cul-de-sac provides access to Lots 45 and 46 of Block B on Turner Place. It is the desire of the property owner to combine Lots 45 and 46, thereby alleviating the need to provide right-of-way access to Lot 45. Vacating the right-of-way would allow the property owner more flexibility in site planning and would not affect utility service to the site, since all constructed public utility service facilities, except water and sewer lines, are within a 10' utility easement which will remain. Enclosed is a location map, showing Turner Place, sketch and description depicting the area to be vacated and a site plan showing a prelimina~ design of the structures proposed. Should you have questions or require further information on this matter, please do not hesitate to contact our office, otherwise, we respectfully request that you sign and date this letter to signify that you have no objection to the vacation of the easement as shown. Sincerely, Dominick J. Amico, Jr., P.E. DJA/jam Enclosures I have no objection to the proposed vacation. Thomas R. Yates Date Main Office: 7400 Tamiarni Trail N., Suite 200, Naples, Florida 34108 Lee County.: 1625 Hendrv St., Suite 101, Fort Myers, Florida 33901 (941)597-3111 (941)334-1173 FAX:(941)566 FAX:(941)334-1175 AGENDA 203? lunnnrA IIII1~-~ illlBh'~ IIIIIil~t n---m~l.)~£R & J n n · · ~.I.~R~AGE, ~-rofessional engineers, planners, surveyors & mappers March 31, 1999 Sheriff Don Hunter Collier County Sheriff's Department 3301 Tamiami Trail East Naples, FL 34112 Re: Right-of-Way Vacation, Collier's Reserve, Block B, Lots 45 and 46 Dear Sheriff Hunter: Per Collier County requirements, this letter is written to request a letter of no objection in regard to the vacation of a portion of the right-of-way of Turner Place within the Collier's Reserve subdivision. A bridge to a cul-de-sac provides access to Lots 45 and 46 of Block B on Turner Place. It is the desire of the property owner to combine Lots 45 and 46, thereby alleviating the need to provide right-of-way access to Lot 45. Vacating the right-of-way would allow the property owner more flexibility in site planning and would not affect utility service to the site, since all constructed public utility service facilities, except water and sewer lines, are within a 10' utility easement which will remain. Enclosed is a location map, showing Turner Place, sketch and description depicting the area to be vacated and a site plan showing a prelimina~ design of the structures proposed. Should you have questions or require further information on this matter, please do not hesitate to contact our office, otherwise, we respectfully request that you sign and date this letter to signify that you have no objection to the vacation of the easement as shown. Sincerely, Dominick J. Amico, Jr., P.E. DJA/jam Enclosures  e no objection to the proposed vacation. ff~DonHunter ' ' 'O~) /Z (~.~'~7  Sheri Date Main Office: 7400 Tamiami Trail N., Suite 200, Naples, Florida 34108 (941) 597-3111 FAX: (941) 56 Lee County: 1625 Hendrv St., Suite 101, Fort Myers, Florida 33901 (941) 334-1173 F.&X: (941) 334- OCT 1 2 1999 IllllirA illliZ.i nnnnF' GNOLI IIIilllW~ IIIIInl-~ BnBnnPI A_ B£R & IlllllllW'~ IIIillll-~. mn un n ..LIR AGE, z,,,,c. Professional cnginecrs, planners, surveyors & mappers Mr. Tim Hiers, President Collier's Reserve Homeowner's Association, Inc. I000 Crosspointe Drive Naples, FL 34110 Re: Right-of-Way Vacation, Collier's Reserve, Block B, Lots 45 and 46 Dear Mr. Hiers: Per Collier County requirements, this letter is written to request a letter of no objection in regard to the vacation of a portion of the fight-of-way of Turner Place within the Collier's Reserve subdivision. A bridge to a cul-de-sac provides access to Lots 45 and 46 of Block B on Turner Place. It is the desire of the property owner to combine Lots 45 and 46, thereby alleviating the need to provide right-of-way access to Lot 45. Vacating the fight-of-way would allow the property owner more flexibility in site planning and would not affect utility service to the site, since all constructed public utility service facilities, except water and sewer lines, are within a 10' utility easement which will remain. Enclosed is a location map, showing Turner Place, sketch and description depicting the area to be vacated and a site plan showing a preliminary design of the structures proposed. Should you have questions or require further information on this matter, please do not hesitate to contact our office, otherwise, we respectfully request that you sign and date this letter to signify that you have no objection to the vacation of the easement as shown. Sincerely, Dominick J. Amico, Jr., P.E. DJA/jam Enclosures I have no objection to the proposed vacation. Tim H]ers, President Collier's Reserve Homeowners Association, Inc. Date Main Office: 7400 Tamiami Trail N., Suite 200, Naples(Florida 34108 (941) 597-3111 Lee County: 1625 Hendr), St., Suite 101, Fort Myers, Florida 33901 (941) 334-1173 AGENOA OCT 1 2 1999 Pg. FAX: (941) ,t~.9'~nt FAX: t941 ) 334-1175 · rofessional enginecrs, plan~cr~, survcyor~ & rn~ppcr~ May 6, 1999 Mr. Carl Reynolds North Naples Fire Control District 1441 Pine Ridge Road Naples, FL 34109 Re: Right-of-Way Vacation, Collier's Reserve, Block B, Lots 45 and 46 Dear Mr. Reynolds: Per Coil/er County requirements, this letter i~ wr/tten to request a letter of no objection in regard to the vacation ora portion of the fight-of-way o£Tumer Place within the collier's Reserve subdivision. A bridge to a Cul-de-sac provides access to Lots 45 and 46 of Block B on Turner Place. It is the desire of the property owner to combine Lots 45 and 46, thereby alleviating the need to provide fight-of-way access to lot 45. Vacating the right-of-way would allow the property owner more flexibility in site planning and would not affect utility service to the site, since all constructed public utility service facilities, except water and sewer lines, are within a 10' utility easement which will remain. Enclosed is a location map, showing Turner Place, sketch and descriptiou depicting the area to be vacated and a site pl/m showing a pre!imlrlary design of the structtux~ proposed. · . , .,-,. :_ :~ :.!!.: .,.?'i:. :' .ShoUld Y.O.i~ ha-~q..q_u..e~. 'O._m__or r..*q ,r. .~_tLt..er...:..P_! ...e..~..._¢.~.0.. not heSitate to contact our office, otherwise, we respectfully request that you sign and date this letter to si~.._!fy that you have no objection to the vacation of the easement as shown. Sincerely, Dominick L AmicO, Jr., P,I~. DJ'A/yo 05-106Y9.LTR F. nclosur~ I hay no ob' lion to the pr sed vacation. Name/Title :' '" .... ':' "-'-..:-,. ' ' '::;'i ::-::",,":-"'~'gate'":' .:;.F.,.:: :i:~..', . ,. ' x :.: .?'.: ..-: .....~ ':',..'.i ~ :~.':'.:: .: North Naples Fire Control District m ~C~A ffF.~ ~';';. j 5,'::',", · : ' .':':' i":~.' ~:;';i. "' :'':" /':':"':"-':il;J/, .'.';'::': '.,[5.'iL,'' -r.' -- ' ' '' ' ....0CT121999 Cd W~C~:60 666I PS '6eW Main Office: 7400 Tamiarru Trail N., Suite 200, Naples, Florida 34108 (941) 597 3111 FAX. (941 )sao1220Y "- ~ ) -. ~ I.~e County: 1625 Hrndrv St., Sture i01, Fort Myers, Florida 33901 (941) 334-1173 FAX: (941) 334-1T~5 o,' £0~E99S~6 : 'ON ~NOHct W~£SAS Xt~J o iuoseued : WO~J Prot)ssional engineers, planners, ~urvcvors & mappers April 27, 1999 Mr. Jeff Birr, President Collier's Reserve Country Club, Inc. 3003 Tamiami Trail North Naples, FL 34103 Re: Right-of-Way Vacation, Collier's Reserve, Block B, Lots 45 and 46 Dear Mr. Birr: Per Collier County requirements, this letter is written to request a letter of no objection in regard to the vacation of a portion of the fight-of-way of Turner Place within the Collier's Reserve subdivision. A bridge to a cul-de-sac provides access to Lots 45 and 46 of Block B on Turner Place. It is the desire of the property owner to combine Lots 45 and 46, thereby alleviating the need to provide fight-of-way access to Lot 45. Vacating the right-of-way would allow the property owner more flexibility in site planning and would not affect utility service to the site, since all constructed public utility service facilities, except water and sewer lines, are within a 10' utility easement which will remain. Enclosed is a location map, showing Turner Place, sketch and description depicting the area to be vacated and a site plan showing a preliminary design of the structures proposed. Should you have questions or require further information on this matter, please do not hesitate to contact our office, otherwise, we respectfully request that you sign and date this letter to signify that you have no objection to the vacation of the easement as shown. Sincerely: Dominick J. Amico, Jr., P.E. DJA/jam Enclosures I have no objection to the proposed vacation. ident Collier's Reserve Country Club, Inc. Tract 05, Owner Date Main Office: 7400 Tamiami Trail N., Suite 200, Naples, Florida 34108 Lee Count3.': 1625 Hcndrv St., Suitc 101, Fort Myers, Flor/da 33901 (941) $97-3111 (941)334-1173 AGENOA ITEM OCT Pg. FAX: (941) 5~ 2,-22G3 F.-LX: (941) 334-1175 1999 // Nlay-05-99 I ], : 42A Illl I I'/,-% April 20, 1999 Empire Bu,lder3 of Collier County, lnc. 12243 Collier's Reserve Drive Naples. FL 34110 Re: Pdght-of-Way Vacation, Collier's Reserve, Block B, Lots 45 and 46 Dear Sir or Madam: Per ColLier County requirements, ti~is letter is written to rcquest a lctter ol'no objection in regard to the vacation ora port/on of'the fight-of-way of Turner Place within the Collicr's Reserve subdivision. A bridge to a cai-de-sac provides access to Lots 45 ned 46 of Block Bcn Tumor Place. It is the desire of the propcrty owncr to combine Lots 45 and 46, thereby alleviating the need to provide r~ght-of'-way access to Lot 43. Vacating thc right-of-way would allow the prc. pcl~,'ry owner more flexibilit5 in site planning and would not affect utility sen. ice to the site, since ;all constructed pcblic ut:iity service facilities, except water and sewer lines, are within a i0' utility easement which will remain. Enclosed is a location map, showing Turner Place, skctclt and description depicting the area tc lac vacated and a site plan showing a preliminary design of thc structures proposed. Should you have questions or require 1Ltrthcr information on this matter, please do not hesitate to contact our office, othermisc, we respectfully request that you sign and date tais ietter to signify that you have no objection to thc vacation of :he easement as shown. Since:ely, Oominick J. Ami~o, Jr., P.E. DIA/jam F. nclosures I ha/~ n-~ objection to the,g~sed vacation. Nan'~i'~c~ laate] Empir,: Builders of Collier County, Inc. Owner of Lot 44, Tract B ef Collier's Reserve Lee Coun%': £025 OCT i 2 1999 G.C.~. NO. ? GOP, NZCAN LANE 6.C T. NO. 5 ID* VISION P.E. PG. ado' ASSESSNENT NAP COLLIER COUNTY, FLORIDA COMPILED & OEIAWN BY N&P%.ES. F~ORZD~ SECTION TONNSH[P RANGE CDMPILED REVISION DATES, ~J93 TRACING __ & PRINT OCT 1 2 1999 I I I I I I t \ \ \ OCT I 2 1999 A SUBOIVISIOH'OF PART OF SEC710N 22, TORNSHIP 48 SOUTH, RANGE 25 EAST, AND A RESUBDIVISION OF PART OF RI~ASE SHOPPf~ CENTE~ (PB. 18 PGS. 19 AND 20) AND PART OF COLLIER HEALTH PARK (PB. 17. PGS. ,50 AND 51), COLLIER COUNTY, FLORIDA 237.23 NOT PLATTED NOltlHEY6.Y UNE (O.R. ??2 PG. 1039) 194.40 18~07 · May 6, 1999 Collier County Board of County Commissioners Collier County Government Center 3301 East Tamiami Trail Naples, Florida 34112 Vacation of Road Right-of-Way - Collier's Reserve, Block B, Lots 45 & 46; ABB PN 7848/X011 Honorable Commissioners: Collier's Reserve, Ltd. is the current owner of the above described building homesites, and Paul F. McKean has contracted to purchase such homesites as soon as the road fight-of-way vacation is approved by Collier County. Each of them hereby agree, for the period of their respective ownership, to perform the work described in the attached letter dated April 12, 1999 from the Public Works Division, after the vacation process is complete. Collier's Reserve, Ltd. By: Collier Mafiagement Services, Inc. By:~'"'-- ~ Jeffrey~irr, Vice President Paul F. McKean 451 Rudder Road Naples, Florida 34102 TLF - 5/6/99 AGENDA fl'EM - OCT 1 2 1999